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Senate Study Bill 1046

Bill Text

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  1  1    Section 1.  Section 9H.1, subsection 25, paragraph a, Code
  1  2 2003, is amended to read as follows:
  1  3    a.  Corporations organized under the provisions of chapter
  1  4 504, Code 1989, or chapter 504A; or
  1  5    Sec. 2.  Section 9H.1, subsection 33, Code 2003, is amended
  1  6 to read as follows:
  1  7    33.  "Testamentary trust" means a trust created by devising
  1  8 or bequeathing property in trust in a will as such terms are
  1  9 used in the Iowa probate code as provided in chapter 633.
  1 10 Testamentary trust includes a revocable trust that has not
  1 11 been revoked prior to the grantor's death.
  1 12    Sec. 3.  Section 9H.4, subsection 2, paragraph c,
  1 13 subparagraph (1), Code 2003, is amended to read as follows:
  1 14    (1)  The corporation or limited liability company must not
  1 15 hold the agricultural land other than as a lessee.  The term
  1 16 of the lease must be for not more than twelve years.  The
  1 17 corporation or limited liability company shall not renew a
  1 18 lease.  The corporation or limited liability company shall not
  1 19 enter into a lease under this paragraph, if the corporation or
  1 20 limited liability company has ever entered into another lease
  1 21 under this paragraph "c", whether or not the lease is in
  1 22 effect.  However, this subparagraph does not apply to a
  1 23 domestic corporation organized under chapter 504, Code 1989,
  1 24 or chapter 504A.
  1 25    Sec. 4.  Section 9H.4, subsection 2, paragraph c,
  1 26 subparagraph (4), Code 2003, is amended to read as follows:
  1 27    (4)  The corporation or limited liability company must
  1 28 deliver a copy of the lease to the secretary of state.  The
  1 29 secretary of state shall notify the lessee of receipt of the
  1 30 copy of the lease.  However, this subparagraph does not apply
  1 31 to a domestic corporation organized under chapter 504, Code
  1 32 1989, or chapter 504A.
  1 33    Sec. 5.  Section 9H.4, subsection 3, Code 2003, is amended
  1 34 to read as follows:
  1 35    3.  Agricultural land, including leasehold interests,
  2  1 acquired by a nonprofit corporation organized under the
  2  2 provisions of chapters 504, Code 1989, and 504A including land
  2  3 acquired and operated by or for a state university for
  2  4 research, experimental, demonstration, foundation seed
  2  5 increase or test purposes and land acquired and operated by or
  2  6 for nonprofit corporations organized specifically for
  2  7 research, experimental, demonstration, foundation seed
  2  8 increase or test purposes in support of or in conjunction with
  2  9 a state university.
  2 10    Sec. 6.  Section 10B.1, subsection 9, paragraph a, Code
  2 11 2003, is amended to read as follows:
  2 12    a.  A corporation organized under the provisions of former
  2 13 chapter 504, Code 1989, or chapter 504A.
  2 14    Sec. 7.  Section 15E.11, Code 2003, is amended to read as
  2 15 follows:
  2 16    15E.11  CORPORATION FOR RECEIVING AND DISBURSING FUNDS.
  2 17    The Iowa development commission is hereby authorized to
  2 18 form a corporation under the provisions of former chapter 504,
  2 19 Code 1989, for the purpose of receiving and disbursing funds
  2 20 from public or private sources to be used to further the
  2 21 overall development and well-being of the state.
  2 22    Sec. 8.  Section 15E.42, subsection 2, Code 2003, is
  2 23 amended to read as follows:
  2 24    2.  "Board" means the Iowa capital investment board, if
  2 25 created in House File 2078 as enacted by the Seventy-ninth
  2 26 General Assembly created in section 15E.63.
  2 27    Sec. 9.  Section 15E.111, subsection 8, Code 2003, is
  2 28 amended to read as follows:
  2 29    8.  The department of economic development and the office
  2 30 of renewable fuels and coproducts shall prepare a report each
  2 31 six months detailing the progress of the department and other
  2 32 agencies provided in this section.  The office of renewable
  2 33 fuels and coproducts, the department of natural resources, and
  2 34 Iowa state university may contribute a summary of their
  2 35 activities.  The report shall be delivered to the secretary of
  3  1 the senate and the chief clerk of the house; the legislative
  3  2 service bureau; the chairpersons and ranking members of the
  3  3 senate standing committee on agriculture; the senate standing
  3  4 committee on small business, economic development, and tourism
  3  5 growth; the house of representatives standing committee on
  3  6 agriculture; and the house of representatives standing
  3  7 committee on economic development growth.
  3  8    Sec. 10.  Section 18.80, Code 2003, is amended to read as
  3  9 follows:
  3 10    18.80  RESERVE SUPPLY.
  3 11    The superintendent state printing administrator shall
  3 12 designate, subject to the approval of the director, the number
  3 13 of copies of reports and publications to be held in reserve,
  3 14 and copies thus held in reserve shall be distributed only upon
  3 15 the written request of the head of the department, approved by
  3 16 the superintendent state printing administrator, and ordered
  3 17 by the director.
  3 18    Sec. 11.  Section 18.81, Code 2003, is amended to read as
  3 19 follows:
  3 20    18.81  UNUSED DOCUMENTS.
  3 21    The superintendent state printing administrator shall from
  3 22 time to time report to the director any documents in the
  3 23 superintendent's state printing administrator's custody deemed
  3 24 not needed and which have been printed five years or more, and
  3 25 if the report has the written approval of the head of the
  3 26 department from which the documents were issued, the director
  3 27 may condemn and order the documents sold, and the proceeds
  3 28 turned into the unappropriated funds of the state.  If a
  3 29 department no longer exists, approval by the head of the
  3 30 department shall not be required.  If the condemned documents
  3 31 cannot be sold the director may order them destroyed.
  3 32    Sec. 12.  Section 18.83, Code 2003, is amended to read as
  3 33 follows:
  3 34    18.83  INFORMATION AS TO DOCUMENTS.
  3 35    The superintendent state printing administrator shall
  4  1 advise the public of the publication of reports and documents
  4  2 and of the nature of the material therein, and give
  4  3 information as to the publications that are available for
  4  4 distribution and how to obtain them.
  4  5    Sec. 13.  Section 18.84, Code 2003, is amended to read as
  4  6 follows:
  4  7    18.84  MAILING LISTS.
  4  8    The superintendent shall require from officials or heads of
  4  9 departments mailing lists, or addressed labels or envelopes,
  4 10 for use in distribution of reports and documents.  The
  4 11 superintendent state printing administrator shall revise such
  4 12 lists, eliminating duplications and adding to the lists
  4 13 libraries, institutions, public officials, and persons having
  4 14 actual use for the material.  The superintendent state
  4 15 printing administrator shall arrange the lists so as to reduce
  4 16 to the minimum the postage or other cost for delivery.
  4 17 Requests for publications shall be handled only upon receipt
  4 18 of postage by the superintendent state printing administrator
  4 19 from the requesting agency or department.
  4 20    Sec. 14.  Section 18.85, Code 2003, is amended to read as
  4 21 follows:
  4 22    18.85  COPIES TO DEPARTMENTS.
  4 23    The superintendent state printing administrator shall
  4 24 furnish the various officials and departments with copies of
  4 25 their reports needed for office use or to be distributed to
  4 26 persons requesting the reports.  Requests for publications
  4 27 shall be handled only upon receipt of postage by the
  4 28 superintendent state printing administrator.
  4 29    Sec. 15.  Section 18.86, Code 2003, is amended to read as
  4 30 follows:
  4 31    18.86  ASSEMBLY MEMBERS.
  4 32    The official reports, the miscellaneous documents and other
  4 33 publications upon request, and the completed journals of the
  4 34 general assembly and ten copies of the official register,
  4 35 shall be sent to each member of the general assembly, and, so
  5  1 far as they are available, additional copies upon their
  5  2 request.  Requests for publications shall be handled only upon
  5  3 receipt of postage by the superintendent state printing
  5  4 administrator.
  5  5    Sec. 16.  Section 18.88, Code 2003, is amended to read as
  5  6 follows:
  5  7    18.88  NEWSPAPERS.
  5  8    The journals of the general assembly and the official
  5  9 register shall be sent to each newspaper of general
  5 10 circulation in Iowa, and editors of newspapers in Iowa shall
  5 11 be entitled to other publications on request when they are
  5 12 available.  Requests for publications shall be handled only
  5 13 upon receipt of postage by the superintendent state printing
  5 14 administrator.
  5 15    Sec. 17.  Section 18.92, Code 2003, is amended to read as
  5 16 follows:
  5 17    18.92  GENERAL DISTRIBUTION.
  5 18    The superintendent state printing administrator may send
  5 19 additional copies of publications to other state officials,
  5 20 individuals, institutions, libraries, or societies that may
  5 21 request them.  Requests for publications shall be handled only
  5 22 upon receipt of postage by the superintendent state printing
  5 23 administrator.
  5 24    Sec. 18.  Section 18.102, Code 2003, is amended to read as
  5 25 follows:
  5 26    18.102  INDEX TO BILLS.
  5 27    The secretary of the senate and the chief clerk of the
  5 28 house shall throughout each legislative session compile and
  5 29 cause to be printed a cumulative bulletin of bills and joint
  5 30 resolutions which bulletin shall contain a brief history of
  5 31 each bill, and detailed information as to the status of
  5 32 legislation and shall be conveniently indexed.  The bulletin
  5 33 shall be printed and delivered one day before the mid-term
  5 34 midterm recess of each legislature and thereafter twenty-five
  5 35 days after the end of said the recess except as may otherwise
  6  1 be provided by the joint rules of the general assembly.  The
  6  2 last issue of each bulletin shall be brought down to the time
  6  3 of final adjournment and shall be promptly furnished to all
  6  4 members of the general assembly and to such others as the
  6  5 superintendent state printing administrator may determine.
  6  6    Sec. 19.  Section 18.103, Code 2003, is amended to read as
  6  7 follows:
  6  8    18.103  ENROLLING CLERKS TO KEEP RECORDS.
  6  9    The enrolling clerks of the senate and house shall, under
  6 10 the directions of the secretary of the senate and house,
  6 11 respectively, keep a daily cumulative record of the
  6 12 information required in section 18.102 and in such manner that
  6 13 the same may be promptly furnished to the superintendent state
  6 14 printing administrator at the close of each week.
  6 15    Sec. 20.  Section 29A.90, subsection 3, Code 2003, is
  6 16 amended to read as follows:
  6 17    3.  "Military service" means full-time active state service
  6 18 or state active duty, as defined in section 29A.1, for a
  6 19 period of at least ninety consecutive days, commencing on or
  6 20 after the effective date of this division of this Act April
  6 21 22, 2002.
  6 22    Sec. 21.  Section 68B.39, unnumbered paragraph 1, Code
  6 23 2003, is amended to read as follows:
  6 24    The supreme court of this state shall prescribe rules by
  6 25 January 1, 1993, establishing a code of ethics for officials
  6 26 and employees of the judicial branch of this state, and the
  6 27 immediate family members of the officials and employees.
  6 28 Rules prescribed under this paragraph shall include provisions
  6 29 relating to the receipt or acceptance of gifts and honoraria,
  6 30 interests in public contracts, services against the state, and
  6 31 financial disclosure which are substantially similar to the
  6 32 requirements of this chapter.
  6 33    Sec. 22.  Section 70A.23, Code 2003, is amended to read as
  6 34 follows:
  6 35    70A.23  CREDIT FOR ACCRUED SICK LEAVE.
  7  1    When a state employee, excluding an employee covered under
  7  2 a collective bargaining agreement which provides otherwise,
  7  3 retires under a retirement system in the state maintained in
  7  4 whole or in part by public contributions or payments, the
  7  5 number of accrued days of active and banked sick leave of the
  7  6 employee shall be credited to the employee.  When an employee
  7  7 retires, is eligible, and has applied for benefits under a
  7  8 retirement system authorized under chapter 97A or 97B,
  7  9 including the teachers insurance and annuity association
  7 10 (TIAA) and the college association-college retirement equities
  7 11 fund (CREF) (TIAA-CREF), or an employee dies on or after July
  7 12 1, 1984, while the employee is in active employment but is
  7 13 eligible for retirement benefits under one of the listed
  7 14 chapters, the employee shall receive a cash payment for the
  7 15 employee's accumulated, unused sick leave in both the active
  7 16 and banked sick leave accounts, except when, in lieu of cash
  7 17 payment, payment is made for monthly premiums for health or
  7 18 life insurance or both as provided in a collective bargaining
  7 19 agreement negotiated under chapter 20.  An employee of the
  7 20 department of public safety or the department of natural
  7 21 resources who has earned benefits of payment of premiums under
  7 22 a collective bargaining agreement and who becomes a manager or
  7 23 supervisor and is no longer covered by the agreement shall not
  7 24 lose the benefits of payment of premium earned while covered
  7 25 by the agreement.  The payment shall be calculated by
  7 26 multiplying the number of hours of accumulated, unused sick
  7 27 leave by the employee's hourly rate of pay at the time of
  7 28 retirement.  However, the total cash payments for accumulated,
  7 29 unused sick leave shall not exceed two thousand dollars per
  7 30 employee and are payable upon retirement or death.  Banked
  7 31 sick leave is defined as accrued sick leave in excess of
  7 32 ninety days.
  7 33    Sec. 23.  Section 70A.30, unnumbered paragraph 2, Code
  7 34 2003, is amended to read as follows:
  7 35    The phased retirement incentive program is a retirement
  8  1 system for purposes of section 20.9, but is not retirement for
  8  2 purposes of chapter 97A, 97B, or 602 or for the employees who
  8  3 are members of the teachers insurance annuity association-
  8  4 college retirement equity equities fund (TIAA-CREF).
  8  5    Sec. 24.  Section 80.17, subsection 3, Code 2003, is
  8  6 amended to read as follows:
  8  7    3.  Division of criminal investigation and bureau of
  8  8 identification.
  8  9    Sec. 25.  Section 80A.4, subsection 4, Code 2003, is
  8 10 amended to read as follows:
  8 11    4.  The fingerprints required by subsection 1 may be
  8 12 submitted by the department to the federal bureau of
  8 13 investigation through the state central criminal history
  8 14 repository for the purpose of a national criminal history
  8 15 check.
  8 16    Sec. 26.  Section 80A.7, subsection 5, Code 2003, is
  8 17 amended to read as follows:
  8 18    5.  An application for an identification card shall include
  8 19 the submission of fingerprints of the person seeking the
  8 20 identification card, which fingerprints may be submitted to
  8 21 the federal bureau of investigation through the state central
  8 22 criminal history repository for the purpose of a national
  8 23 criminal history background check.  Fees associated with the
  8 24 processing of fingerprints shall be assessed to the employing
  8 25 licensee.
  8 26    Sec. 27.  Section 97B.66, unnumbered paragraph 1, Code
  8 27 2003, is amended to read as follows:
  8 28    A vested or retired member who was a member of the teachers
  8 29 insurance and annuity association college association-college
  8 30 retirement equity equities fund (TIAA-CREF) at any time
  8 31 between July 1, 1967, and June 30, 1971, and who became a
  8 32 member of the system on July 1, 1971, upon submitting
  8 33 verification of service and wages earned during the applicable
  8 34 period of service under the teachers insurance and annuity
  8 35 association college association-college retirement equities
  9  1 fund, may make employer and employee contributions to the
  9  2 system based upon the covered wages of the member and the
  9  3 covered wages and the contribution rates in effect for all or
  9  4 a portion of that period of service and receive credit for
  9  5 membership service under this system equivalent to the
  9  6 applicable period of membership service in the teachers
  9  7 insurance and annuity association college association-college
  9  8 retirement equities fund for which the contributions have been
  9  9 made.  In addition, a member making employer and employee
  9 10 contributions because of membership in the teachers insurance
  9 11 and annuity association college association-college retirement
  9 12 equities fund under this section who was a member of the
  9 13 system on June 30, 1967, and withdrew the member's accumulated
  9 14 contributions because of membership on July 1, 1967, in the
  9 15 teachers insurance and annuity association college
  9 16 association-college retirement equities fund, may make
  9 17 employee contributions to the system for all or a portion of
  9 18 the period of service under the system prior to July 1, 1967.
  9 19 A member making contributions pursuant to this section may
  9 20 make the contributions either for the entire applicable period
  9 21 of service, or for portions of the period of service, and if
  9 22 contributions are made for portions of the period of service,
  9 23 the contributions shall be in increments of one or more
  9 24 calendar quarters.
  9 25    Sec. 28.  Section 97B.73, subsection 1, paragraph a, Code
  9 26 2003, is amended to read as follows:
  9 27    a.  A vested or retired member who has one or more full
  9 28 calendar years of covered wages who was in public employment
  9 29 comparable to employment covered under this chapter in another
  9 30 state or in the federal government, or who was a member of
  9 31 another public retirement system in this state, including but
  9 32 not limited to the teachers insurance and annuity association
  9 33 college association-college retirement equities fund (TIAA-
  9 34 CREF), but who was not retired under that system, upon
  9 35 submitting verification of membership and service in the other
 10  1 public system to the division, including proof that the member
 10  2 has no further claim upon a retirement benefit from that other
 10  3 public system, may make contributions as provided by this
 10  4 section to the system either for the entire period of service
 10  5 in the other public system, or for partial service in the
 10  6 other public system in increments of one or more calendar
 10  7 quarters.  If the member wishes to transfer only a portion of
 10  8 the service value of another public system to this system and
 10  9 the other public system allows a partial withdrawal of a
 10 10 member's system credits, the member shall receive credit for
 10 11 membership service in this system equivalent to the period of
 10 12 service transferred from the other public system.
 10 13    Sec. 29.  Section 99D.8A, subsection 2, Code 2003, is
 10 14 amended to read as follows:
 10 15    2.  An applicant shall submit pictures, fingerprints, and
 10 16 descriptions of physical characteristics to the commission in
 10 17 the manner prescribed on the application forms.  The
 10 18 fingerprints may be submitted to the federal bureau of
 10 19 investigation by the department of public safety through the
 10 20 state central criminal history repository for the purpose of a
 10 21 national criminal history check.
 10 22    Sec. 30.  Section 99E.3, subsection 3, Code 2003, is
 10 23 amended to read as follows:
 10 24    3.  The commissioner may employ, with the approval of the
 10 25 director, clerks, stenographers, inspectors, agents, and other
 10 26 employees pursuant to chapter 19A as necessary to carry out
 10 27 this chapter, except as provided in section 99E.14.  The
 10 28 commissioner may require a background investigation to be
 10 29 conducted in connection with the employment of lottery
 10 30 employees.  The board shall define, by rule, the employment
 10 31 categories subject to investigation.  The background
 10 32 investigation by the division of criminal investigation of the
 10 33 department of public safety may include a national criminal
 10 34 history record check through the federal bureau of
 10 35 investigation.  The screening of lottery employees through the
 11  1 federal bureau of investigation shall be conducted by
 11  2 submission of fingerprints through the state criminal history
 11  3 record repository to the federal bureau of investigation.
 11  4    Sec. 31.  Section 99E.9, subsection 2, Code 2003, is
 11  5 amended to read as follows:
 11  6    2.  Subject to the approval of the board, the commissioner
 11  7 may enter into contracts for the operation and marketing of
 11  8 the lottery, except that the board may by rule designate
 11  9 classes of contracts other than major procurements which do
 11 10 not require prior approval by the board.  A major procurement
 11 11 shall be as the result of competitive bidding with the
 11 12 contract being awarded to the responsible vendor submitting
 11 13 the lowest and best proposal.  However, before a contract for
 11 14 a major procurement is awarded, the division of criminal
 11 15 investigation of the department of public safety shall conduct
 11 16 a thorough background investigation of the vendor to whom the
 11 17 contract is to be awarded.  The commissioner and board shall
 11 18 consult with the division of criminal investigation and shall
 11 19 provide, by rule, for the scope of the thorough background
 11 20 investigations and due diligence with regard to the background
 11 21 investigations to be conducted in connection with major
 11 22 procurements.  The vendor shall submit to the division of
 11 23 criminal investigation appropriate investigation
 11 24 authorizations to facilitate this investigation.  The
 11 25 background investigation by the division of criminal
 11 26 investigation may include a national criminal history record
 11 27 check through the federal bureau of investigation.  The
 11 28 screening of vendors or their employees through the federal
 11 29 bureau of investigation shall be conducted by submission of
 11 30 fingerprints through the state criminal history record
 11 31 repository to the federal bureau of investigation.  As used in
 11 32 this subsection, "major procurement" means consulting
 11 33 agreements and the major procurement contract with a business
 11 34 organization for the printing of tickets, or for purchase or
 11 35 lease of equipment or services essential to the operation of a
 12  1 lottery game.
 12  2    Sec. 32.  Section 99F.6, subsection 2, Code 2003, is
 12  3 amended to read as follows:
 12  4    2.  An applicant shall submit pictures, fingerprints, and
 12  5 descriptions of physical characteristics to the commission in
 12  6 the manner prescribed on the application forms.  The
 12  7 fingerprints may be submitted to the federal bureau of
 12  8 investigation by the department of public safety through the
 12  9 state central criminal history repository for the purpose of a
 12 10 national criminal history check.
 12 11    Sec. 33.  Section 103A.25, Code 2003, is amended to read as
 12 12 follows:
 12 13    103A.25  PRIOR RESOLUTIONS.
 12 14    A resolution accepting the state building code as provided
 12 15 in section 103A.7, which was adopted before the effective date
 12 16 of this Act July 1, 1989, is an ordinance for the purpose of
 12 17 this chapter.
 12 18    Sec. 34.  Section 135.78, Code 2003, is amended to read as
 12 19 follows:
 12 20    135.78  DATA TO BE COMPILED.
 12 21    The department shall compile all relevant financial and
 12 22 utilization data in order to have available the statistical
 12 23 information necessary to properly monitor hospital and health
 12 24 care facility charges and costs.  Such data shall include
 12 25 necessary operating expenses, appropriate expenses incurred
 12 26 for rendering services to patients who cannot or do not pay,
 12 27 all properly incurred interest charges, and reasonable
 12 28 depreciation expenses based on the expected useful life of the
 12 29 property and equipment involved.  The department shall also
 12 30 obtain from each hospital and health care facility a current
 12 31 rate schedule as well as any subsequent amendments or
 12 32 modifications of that schedule as it may require.  In
 12 33 collection of the data required by this section and sections
 12 34 135.74 to 135.78 through 135.76, the department and other
 12 35 state agencies shall coordinate their reporting requirements.
 13  1    Sec. 35.  Section 141A.7, subsection 2, paragraph a, Code
 13  2 2003, is amended to read as follows:
 13  3    a.  The performance by a health care provider or health
 13  4 facility of an HIV-related test when the health care provider
 13  5 or health facility procures, processes, distributes, or uses a
 13  6 human body part donated for a purpose specified under the
 13  7 uniform anatomical gift Act as provided in chapter 142C, or
 13  8 semen provided prior to July 1, 1988, for the purpose of
 13  9 artificial insemination, or donations of blood, and such test
 13 10 is necessary to ensure medical acceptability of such gift or
 13 11 semen for the purposes intended.
 13 12    Sec. 36.  Section 142.4, unnumbered paragraph 2, Code 2003,
 13 13 is amended to read as follows:
 13 14    This section shall not apply to bodies given under
 13 15 authority of the uniform anatomical gift Act as provided in
 13 16 chapter 142C.
 13 17    Sec. 37.  Section 142.8, unnumbered paragraph 2, Code 2003,
 13 18 is amended to read as follows:
 13 19    This section shall not apply to bodies given under
 13 20 authority of the uniform anatomical gift Act as provided in
 13 21 chapter 142C.
 13 22    Sec. 38.  Section 142C.6, subsection 2, Code 2003, is
 13 23 amended to read as follows:
 13 24    2.  If an anatomical gift is made to a designated donee,
 13 25 the document of gift, or a copy, may be delivered to the donee
 13 26 to expedite the appropriate procedures after the death of the
 13 27 donor.  The document of gift, or a copy, may be deposited in
 13 28 any hospital, organ procurement organization, bank or storage
 13 29 organization, or donor registry office that accepts the
 13 30 document of gift for safekeeping or for the facilitation of
 13 31 procedures after the death of the donor.  If a document is
 13 32 deposited by a donor in a hospital, donor registry office, or
 13 33 bank or storage organization, the hospital, donor registry
 13 34 office, or bank or storage organization may forward the
 13 35 document to an organ procurement organization which will
 14  1 retain the document for facilitating procedures following the
 14  2 death of the donor.  Upon request of a hospital, physician, or
 14  3 surgeon, upon or after the donor's death, the person in
 14  4 possession of the document of gift may allow the hospital,
 14  5 physician, or surgeon to examine or copy the document of gift.
 14  6    Sec. 39.  Section 147.107, subsection 2, unnumbered
 14  7 paragraph 1, Code 2003, is amended to read as follows:
 14  8    A pharmacist, physician, dentist, or podiatric physician
 14  9 who dispenses prescription drugs, including but not limited to
 14 10 controlled substances, for human use, may delegate
 14 11 nonjudgmental dispensing functions to staff assistants only
 14 12 when verification of the accuracy and completeness of the
 14 13 prescription is determined by the pharmacist or practitioner
 14 14 in the pharmacist's or practitioner's physical presence.
 14 15 However, the physical presence requirement does not apply when
 14 16 a pharmacist or practitioner is utilizing an automated
 14 17 dispensing system.  When using an automated dispensing system
 14 18 the pharmacist or practitioner shall utilize an internal
 14 19 quality control assurance plan that ensures accuracy for
 14 20 dispensing.  Verification of automated dispensing accuracy and
 14 21 completeness remains the responsibility of the pharmacist or
 14 22 practitioner and shall be determined in accordance with rules
 14 23 adopted by the boards state board of pharmacy examiners,
 14 24 medicine, dentistry the state board of medical examiners, the
 14 25 state board of dental examiners, and the state board of
 14 26 podiatry examiners for their respective licensees.
 14 27    Sec. 40.  Section 163.30, subsection 2, unnumbered
 14 28 paragraph 1, Code 2003, is amended to read as follows:
 14 29    When used in this chapter subchapter:
 14 30    Sec. 41.  Section 172D.3, subsection 2, paragraph a, Code
 14 31 2003, is amended to read as follows:
 14 32    a.  Exclusion for federally mandated requirements. This
 14 33 section shall apply to the department's rules except for rules
 14 34 required for delegation of the national pollutant discharge
 14 35 elimination system permit program pursuant to the federal
 15  1 Water Pollution Control Act, Title 33, United States Code,
 15  2 chapter 126, as amended, and 40 Code of Federal Regulations
 15  3 C.F.R., Part pt. 124.
 15  4    Sec. 42.  Section 190C.1, subsection 18, Code 2003, is
 15  5 amended to read as follows:
 15  6    18.  "Regional organic association" means a corporation
 15  7 organized under former chapter 504, Code 1989, or chapter 504A
 15  8 which has certifying members, elects its own officers and
 15  9 directors, and is independent from the department.
 15 10    Sec. 43.  Section 230A.12, unnumbered paragraph 1, Code
 15 11 2003, is amended to read as follows:
 15 12    Each community mental health center established or
 15 13 continued in operation pursuant to section 230A.3, shall be
 15 14 organized under the Iowa nonprofit corporation Act appearing
 15 15 as chapter 504A, except that a community mental health center
 15 16 organized under former chapter 504 prior to July 1, 1974, and
 15 17 existing under the provisions of chapter 504, Code 1989, shall
 15 18 not be required by this chapter to adopt the Iowa nonprofit
 15 19 corporation Act if it is not otherwise required to do so by
 15 20 law.  The board of directors of each such community mental
 15 21 health center shall enter into an agreement with the county or
 15 22 affiliated counties which are to be served by the center,
 15 23 which agreement shall include but need not be limited to the
 15 24 period of time for which the agreement is to be in force, what
 15 25 services the center is to provide for residents of the county
 15 26 or counties to be served, standards the center is to follow in
 15 27 determining whether and to what extent persons seeking
 15 28 services from the center shall be considered able to pay the
 15 29 cost of the services received, and policies regarding
 15 30 availability of the center's services to persons who are not
 15 31 residents of the county or counties served by the center.  The
 15 32 board of directors, in addition to exercising the powers of
 15 33 the board of directors of a nonprofit corporation may:
 15 34    Sec. 44.  Section 256A.3, subsection 11, Code 2003, is
 15 35 amended by striking the subsection.
 16  1    Sec. 45.  Section 260C.14, subsection 1, Code 2003, is
 16  2 amended to read as follows:
 16  3    1.  Determine the curriculum to be offered in such school
 16  4 or college subject to approval of the director and ensure that
 16  5 all vocational offerings are competency-based, provide any
 16  6 minimum competencies required by the department of education,
 16  7 comply with any applicable requirements in chapter 258, and
 16  8 are articulated with local school district vocational
 16  9 education programs.  If an existing private educational or
 16 10 vocational institution within the merged area has facilities
 16 11 and curriculum of adequate size and quality which would
 16 12 duplicate the functions of the area school, the board of
 16 13 directors shall discuss with the institution the possibility
 16 14 of entering into contracts to have the existing institution
 16 15 offer facilities and curriculum to students of the merged
 16 16 area.  The board of directors shall consider any proposals
 16 17 submitted by the private institution for providing such
 16 18 facilities and curriculum.  The board of directors may enter
 16 19 into such contracts.  In approving curriculum, the director
 16 20 shall ascertain that all courses and programs submitted for
 16 21 approval are needed and that the curriculum being offered by
 16 22 an area school does not duplicate programs provided by
 16 23 existing public or private facilities in the area.  In
 16 24 determining whether duplication would actually exist, the
 16 25 state board director shall consider the needs of the area and
 16 26 consider whether the proposed programs are competitive as to
 16 27 size, quality, tuition, purposes, and area coverage with
 16 28 existing public and private educational or vocational
 16 29 institutions within the merged area.  If the board of
 16 30 directors of the merged area chooses not to enter into
 16 31 contracts with private institutions under this subsection, the
 16 32 board shall submit a list of reasons why contracts to avoid
 16 33 duplication were not entered into and an economic impact
 16 34 statement relating to the board's decision.
 16 35    Sec. 46.  Section 261.23, subsection 4, Code 2003, is
 17  1 amended to read as follows:
 17  2    4.  A registered nurse shall be eligible for the registered
 17  3 nurse loan repayment program if the registered nurse has
 17  4 received from an accredited school of nursing located in this
 17  5 state a collegiate or associate degree of nursing, a diploma
 17  6 in nursing, or a graduate or equivalent degree in nursing and
 17  7 agrees to practice in an eligible community in this state that
 17  8 has agreed to provide additional funds for the registered
 17  9 nurse's loan repayment.  The contract for the loan repayment
 17 10 shall stipulate the time period the registered nurse shall
 17 11 practice in an eligible community in this state.  In addition,
 17 12 the contract shall stipulate that the registered nurse repay
 17 13 any funds paid on the registered nurse's loan by the
 17 14 commission if the registered nurse fails to practice in an
 17 15 eligible community in this state for the required period of
 17 16 time.  For purposes of this subsection, "eligible community"
 17 17 means a community that agrees to match state funds provided on
 17 18 at least a dollar-for-dollar basis for the loan repayment of a
 17 19 registered nurse who practices in the community.
 17 20    Sec. 47.  Section 272.2, subsection 14, paragraph a, Code
 17 21 2003, is amended to read as follows:
 17 22    a.  The board may deny a license to or revoke the license
 17 23 of a person upon the board's finding by a preponderance of
 17 24 evidence that either the person has been convicted of a crime
 17 25 or that there has been a founded report of child abuse against
 17 26 the person.  Rules adopted in accordance with this paragraph
 17 27 shall provide that in determining whether a person should be
 17 28 denied a license or that a practitioner's license should be
 17 29 revoked, the board shall consider the nature and seriousness
 17 30 of the founded abuse or crime in relation to the position
 17 31 sought, the time elapsed since the crime was committed, the
 17 32 degree of rehabilitation which has taken place since the
 17 33 incidence of founded abuse or the commission of the crime, the
 17 34 likelihood that the person will commit the same abuse or crime
 17 35 again, and the number of founded abuses committed by or
 18  1 criminal convictions by of the person involved.
 18  2    Sec. 48.  Section 284.3, subsection 2, paragraph a, Code
 18  3 2003, is amended to read as follows:
 18  4    a.  By July 1, 2002, for purposes of comprehensive
 18  5 evaluations for beginning teachers required to allow beginning
 18  6 teachers to progress to career teachers, standards and
 18  7 criteria that are the Iowa teaching standards specified in
 18  8 subsection 1 and the model criteria for the Iowa teaching
 18  9 standards developed by the department in accordance with
 18 10 section 256.9, subsection 50.  These standards and criteria
 18 11 shall be set forth in an instrument provided by the
 18 12 department.  The comprehensive evaluation and instrument are
 18 13 not subject to negotiations or grievance procedures pursuant
 18 14 to chapter 20 or determinations made by the board of directors
 18 15 under section 279.14.  A local school board and its certified
 18 16 bargaining representative may negotiate, pursuant to chapter
 18 17 20, evaluation and grievance procedures for beginning teachers
 18 18 that are not in conflict with this chapter.  If, in accordance
 18 19 with section 279.19, a beginning teacher appeals the
 18 20 determination of a school board to an adjudicator under
 18 21 section 279.17, the adjudicator selected shall have
 18 22 successfully completed training related to the Iowa teacher
 18 23 standards, the model criteria adopted by the state board of
 18 24 education in accordance with subsection 3, as enacted by this
 18 25 Act, and any additional training required under rules adopted
 18 26 by the public employment relations board in cooperation with
 18 27 the state board of education.
 18 28    Sec. 49.  Section 284.11, subsections 4, 5, and 7, Code
 18 29 2003, are amended to read as follows:
 18 30    4.  Each participating district shall create its own design
 18 31 for a team-based variable pay plan linked to the district's
 18 32 comprehensive school improvement plan.  The plan must include
 18 33 attendance center student performance goals, student
 18 34 performance levels, multiple indicators to determine progress
 18 35 toward attendance center goals, and a system for providing
 19  1 financial rewards.  The team-based variable pay plan shall be
 19  2 approved by the local board.
 19  3    5.  Each district team-based variable pay plan shall be
 19  4 reviewed by the department.  The department shall include a
 19  5 review of the locally established goals, targeted levels of
 19  6 improvement, assessment strategies, and financial reward
 19  7 system.
 19  8    7.  The district team-based variable pay plan shall specify
 19  9 how the funding received by the district for purposes of this
 19 10 section is to be awarded to eligible staff in attendance
 19 11 centers that meet or exceed their goals.  The district shall
 19 12 provide all attendance centers equal access to the available
 19 13 funds.  Moneys shall be released by the department to the
 19 14 district only upon certification by the school board that an
 19 15 attendance center has met or exceeded its goals.
 19 16    Sec. 50.  Section 304A.21, subsection 5, Code 2003, is
 19 17 amended to read as follows:
 19 18    5.  "Nonprofit organization" means a corporation organized
 19 19 under former chapter 504, Code 1989, or chapter 504A or which
 19 20 holds a permit or certificate under former chapter 504, Code
 19 21 1989, or chapter 504A to do business or conduct affairs in
 19 22 this state.
 19 23    Sec. 51.  Section 308.1, Code 2003, is amended to read as
 19 24 follows:
 19 25    308.1  PLANNING COMMISSION.
 19 26    The Mississippi parkway planning commission shall be
 19 27 composed of ten members appointed by the governor, five
 19 28 members to be appointed for two-year terms beginning July 1,
 19 29 1959, and five members to be appointed for four-year terms
 19 30 beginning July 1, 1959.  In addition to the above members
 19 31 there shall be seven advisory ex officio members who shall be
 19 32 as follows:  One member from the state transportation
 19 33 commission, one member from the natural resource commission,
 19 34 one member from the Iowa state soil conservation commission
 19 35 committee, one member from the state historical society of
 20  1 Iowa, one member from the faculty of the landscape
 20  2 architectural division of the Iowa State University of science
 20  3 and technology, one member from the Iowa economic development
 20  4 board, and one member from the environmental protection
 20  5 commission.  Members and ex officio members shall serve
 20  6 without pay, but the actual and necessary expenses of members
 20  7 and ex officio members may be paid if the commission so orders
 20  8 and if the commission has funds available for that purpose.
 20  9    Sec. 52.  Section 321.178, subsection 1, paragraph c, Code
 20 10 2003, is amended to read as follows:
 20 11    c.  Instruction relating to becoming an organ donor under
 20 12 the uniform anatomical gift Act as provided in chapter 142C.
 20 13    Sec. 53.  Section 321.189, subsection 4, Code 2003, is
 20 14 amended to read as follows:
 20 15    4.  SYMBOLS.  Upon the request of a licensee, the
 20 16 department shall indicate on the license the presence of a
 20 17 medical condition, that the licensee is a donor under the
 20 18 uniform anatomical gift law Act as provided in chapter 142C,
 20 19 or that the licensee has in effect a medical advance
 20 20 directive.  For purposes of this subsection, a medical advance
 20 21 directive includes, but is not limited to, a valid durable
 20 22 power of attorney for health care as defined in section
 20 23 144B.1.  The license may contain such other information as the
 20 24 department may require by rule.
 20 25    Sec. 54.  Section 331.427, subsection 2, paragraph k, Code
 20 26 2003, is amended to read as follows:
 20 27    k.  For the use of a nonprofit historical society organized
 20 28 under chapter 504, Code 1989, or chapter 504A, a city-owned
 20 29 historical project, or both.
 20 30    Sec. 55.  Section 331.652, subsection 8, paragraph d, Code
 20 31 2003, is amended to read as follows:
 20 32    d.  Civil A civil process servers server shall not be
 20 33 considered to be a sheriff or a deputy sheriff for purposes of
 20 34 this chapter or chapter 97B or 341A.
 20 35    Sec. 56.  Section 335.24, Code 2003, is amended to read as
 21  1 follows:
 21  2    335.24  CONFLICT WITH OTHER REGULATIONS.
 21  3    If the regulations made under this chapter require a
 21  4 greater width or size of yards, courts or other open spaces,
 21  5 or require a lower height of building or less number of
 21  6 stories, or require a greater percentage of lot to be left
 21  7 unoccupied, or impose other higher standards than are required
 21  8 in any other statute or local ordinance or regulation, the
 21  9 regulations made under this chapter govern.  If any other
 21 10 statute or local ordinance or regulation requires a greater
 21 11 width or size of yards, courts or other open spaces, or
 21 12 requires a lower height of building or a less number of
 21 13 stories, or a greater percentage of lot to be left unoccupied,
 21 14 or imposes other higher standards than are required by the
 21 15 regulations made under this chapter, the other statute or
 21 16 local ordinance or regulation governs.  If a regulation
 21 17 proposed or made under this chapter relates to any structure,
 21 18 building, dam, obstruction, deposit or excavation in or on the
 21 19 flood plains of any river or stream, prior approval of the
 21 20 department of water, air and waste management natural
 21 21 resources is required to establish, amend, supplement, change,
 21 22 or modify the regulation or to grant any variation or
 21 23 exception from the regulation.
 21 24    Sec. 57.  Section 421B.11, unnumbered paragraph 3, Code
 21 25 2003, is amended to read as follows:
 21 26    Judicial review of the actions of the director may be
 21 27 sought in accordance with the terms of the Iowa administrative
 21 28 procedure Act chapter 17A, and section 422.55.
 21 29    Sec. 58.  Section 426B.1, subsection 2, Code 2003, is
 21 30 amended to read as follows:
 21 31    2.  There is appropriated annually to the property tax
 21 32 relief fund for the indicated fiscal years from the general
 21 33 fund of the state the following amounts:
 21 34    For the fiscal year beginning July 1, 1997, and succeeding
 21 35 fiscal years, ninety-five million dollars.
 22  1    Sec. 59.  Section 432.1, subsection 5, Code 2003, is
 22  2 amended to read as follows:
 22  3    5.  Except as provided in subsection 4 6, the premium tax
 22  4 shall be paid on or before March 1 of the year following the
 22  5 calendar year for which the tax is due.  The commissioner may
 22  6 suspend or revoke the license of a company or association that
 22  7 fails to pay its premium tax on or before the due date.
 22  8    Sec. 60.  Section 455B.484, subsections 2 and 3, Code 2003,
 22  9 are amended to read as follows:
 22 10    2.  Seek, receive, and accept funds in the form of
 22 11 appropriations, grants, awards, wills, bequests, endowments,
 22 12 and gifts for deposit into the waste management assistance
 22 13 trust fund to be used for programs relating to the duties of
 22 14 the department under this part.
 22 15    3.  Administer and coordinate the land quality and waste
 22 16 management assistance trust fund created under this part.
 22 17    Sec. 61.  Section 455B.488, Code 2003, is amended to read
 22 18 as follows:
 22 19    455B.488  HOUSEHOLD HAZARDOUS WASTE COLLECTION AND
 22 20 DISPOSITION.
 22 21    The division department shall develop, sponsor, and assist
 22 22 in conducting local, regional, or statewide programs for the
 22 23 receipt or collection and proper management of hazardous
 22 24 wastes from households and farms.  In conducting such events
 22 25 the division department may establish limits on the types and
 22 26 amounts of wastes that will be collected, and may establish a
 22 27 fee system for acceptance of wastes in quantities exceeding
 22 28 the limits established pursuant to this section.
 22 29    Sec. 62.  Section 455B.518, subsection 4, Code 2003, is
 22 30 amended to read as follows:
 22 31    4.  A toxics pollution prevention plan developed under this
 22 32 section shall be reviewed by the authority department for
 22 33 completeness, adequacy, and accuracy.
 22 34    Sec. 63.  Section 455H.208, Code 2003, is amended to read
 22 35 as follows:
 23  1    455H.208  PUBLIC PARTICIPATION.
 23  2    Public participation shall be a required component of the
 23  3 process for participants for all sites enrolled in the land
 23  4 recycling program.  The required level of public participation
 23  5 shall vary depending on the conditions existing at a site.  At
 23  6 a minimum, the department shall notify all adjacent property
 23  7 owners, occupants of adjacent property, and the city or county
 23  8 in which the property is located of a site's enrollment in the
 23  9 land recycling program and of the scope of work described in
 23 10 the participation agreement, and give the notified parties the
 23 11 opportunity to obtain updates regarding the status of
 23 12 activities relating to the enrolled site in the land recycling
 23 13 program.  The notification shall not be required before the
 23 14 participant has had the opportunity to collect basic
 23 15 information characterizing the nature and extent of the
 23 16 contamination, but the notification shall be required in a
 23 17 timely manner allowing appropriate parties to have input in
 23 18 the formulation of the response action.  If contaminants from
 23 19 the enrolled site have migrated off the enrolled site or are
 23 20 likely to migrate off the enrolled site, as determined by the
 23 21 department, the department shall notify by direct mailing all
 23 22 potentially affected parties, including the city or county in
 23 23 which the potentially affected property is located, and
 23 24 officials in charge of any potentially impacted public water
 23 25 supply and the notified parties shall be given opportunity to
 23 26 comment on proposed response actions.  The department may
 23 27 require the participant of an enrolled site to publish public
 23 28 notice in a local newspaper if widespread interest in the site
 23 29 exists or is likely to exist as determined by the department.
 23 30 The department shall consider reasonable comments from
 23 31 potentially affected parties in determining whether to approve
 23 32 or disapprove a proposed response action or site closure.
 23 33    Sec. 64.  Section 456A.19, unnumbered paragraphs 1 and 2,
 23 34 Code 2003, are amended to read as follows:
 23 35    All funds accruing to the fish and game protection fund,
 24  1 except an equitable portion of the administration fund, shall
 24  2 be expended solely in carrying on the fish and wildlife
 24  3 activities.  Expenditures incurred by the department in
 24  4 carrying on the activities shall be only on authorization by
 24  5 the general assembly.
 24  6    The department shall by October 1 of each year submit to
 24  7 the department of management for transmission to the general
 24  8 assembly a detailed estimate of the amount required by the
 24  9 department during the succeeding year for carrying on the fish
 24 10 and wildlife activities.  The estimate shall be in the same
 24 11 general form and detail as required by law in estimates
 24 12 submitted by other state departments.
 24 13    Sec. 65.  Section 456A.21, subsections 1 and 2, Code 2003,
 24 14 are amended to read as follows:
 24 15    1.  A forestry management and enhancement fund is created
 24 16 in the state treasury under the department's control.  The
 24 17 fund is composed of moneys deposited into the fund pursuant to
 24 18 section 456A.20, moneys appropriated by the general assembly,
 24 19 and moneys available to and obtained or accepted by the
 24 20 division or the department from the United States or private
 24 21 sources for placement in the fund.
 24 22    2.  Moneys in the fund are subject to an annual audit by
 24 23 the auditor of state.  The fund is subject to warrants written
 24 24 by the director of revenue and finance, drawn upon the written
 24 25 requisition of the division department.
 24 26    Sec. 66.  Section 456A.21, subsection 3, paragraph a, Code
 24 27 2003, is amended to read as follows:
 24 28    a.  Four forestry technicians who shall serve regions of
 24 29 the state as designated by the division department.
 24 30    Sec. 67.  Section 459.102, subsection 29, Code 2003, is
 24 31 amended to read as follows:
 24 32    29.  "Major water source" means a water source that is a
 24 33 lake, reservoir, river, or stream located within the
 24 34 territorial limits of the state, or any marginal river area
 24 35 adjacent to the state, if the water source is capable of
 25  1 supporting a floating vessel capable of carrying one or more
 25  2 persons during a total of a six-month period in one out of ten
 25  3 years, excluding periods of flooding, which has been
 25  4 identified by rules adopted by the commission.
 25  5    Sec. 68.  Section 459.303, subsection 5, paragraph a,
 25  6 unnumbered paragraph 1, Code 2003, is amended to read as
 25  7 follows:
 25  8    A confinement feeding operation meets threshold
 25  9 requirements under this paragraph subsection if the
 25 10 confinement feeding operation after construction of a proposed
 25 11 confinement feeding operation structure would have a minimum
 25 12 animal unit capacity of the following:
 25 13    Sec. 69.  Section 459.310, subsection 1, paragraph a, Code
 25 14 2003, is amended to read as follows:
 25 15    a.  A confinement feeding operation structure shall not be
 25 16 constructed closer than five hundred feet away from the
 25 17 surface intake of an agricultural drainage well.  A
 25 18 confinement feeding operation structure shall not be
 25 19 constructed closer than one thousand feet from a wellhead,
 25 20 cistern of an agricultural drainage well, or known sinkhole.
 25 21 However, the department may adopt rules requiring an increased
 25 22 separation distance under this paragraph in order to protect
 25 23 the integrity of a water of this the state.  The increased
 25 24 separation distance shall not be more than two thousand feet.
 25 25 If the department exercises its discretion to increase the
 25 26 separation distance requirement, the department shall not
 25 27 approve an application for the construction of a confinement
 25 28 feeding operation structure within that separation distance as
 25 29 provided in section 459.303.
 25 30    Sec. 70.  Section 459.310, subsection 1, paragraph c,
 25 31 subparagraph (2), Code 2003, is amended to read as follows:
 25 32    (2)  A major water source shall not be constructed,
 25 33 expanded, or diverted, if the major water source as
 25 34 constructed, expanded, or diverted is closer than one thousand
 25 35 feet from a confinement feeding operation structure.
 26  1    Sec. 71.  Section 459.312, subsection 10, paragraph a,
 26  2 subparagraph (2), subparagraph subdivision (b), subparagraph
 26  3 subdivision part (i), Code 2003, is amended to read as
 26  4 follows:
 26  5    (i)  The development of a comprehensive state nutrient
 26  6 budget for the maximum volume, frequency, and concentration of
 26  7 nutrients for each watershed that addresses all significant
 26  8 sources of nutrients in a water of this the state on a
 26  9 watershed basis.
 26 10    Sec. 72.  Section 459.604, subsection 1, unnumbered
 26 11 paragraph 2, Code 2003, is amended to read as follows:
 26 12    This subsection shall not apply unless the department of
 26 13 natural resources has previously notified the person of the
 26 14 person's classification as a habitual violator.  The
 26 15 department shall notify persons classified as habitual
 26 16 violators of their classification, additional restrictions
 26 17 imposed upon the persons pursuant to their classification, and
 26 18 special civil penalties that may be imposed upon the persons.
 26 19 The notice shall be sent to the persons by certified mail.
 26 20    Sec. 73.  Section 466.5, subsection 4, unnumbered paragraph
 26 21 1, Code 2003, is amended to read as follows:
 26 22    When establishing a wetland under this subsection section,
 26 23 the department of agriculture and land stewardship shall be
 26 24 governed by the following requirements:
 26 25    Sec. 74.  Section 481B.5, subsections 2 through 4, Code
 26 26 2003, are amended to read as follows:
 26 27    2.  The United States list of endangered or threatened
 26 28 native fish and wildlife as contained in the Code of Federal
 26 29 Regulations, Title 50, part 50 C.F.R. pt. 17 as amended to
 26 30 December 30, 1991.
 26 31    3.  The United States list of endangered or threatened
 26 32 plants as contained in the Code of Federal Regulations, Title
 26 33 50, part 50 C.F.R. pt. 17 as amended to December 30, 1991.
 26 34    4.  The United States list of endangered or threatened
 26 35 foreign fish and wildlife as contained in the Code of Federal
 27  1 Regulations, Title 50, part 50 C.F.R. pt. 17 as amended to
 27  2 December 30, 1991.
 27  3    Sec. 75.  Section 490.825, subsection 3, Code 2003, is
 27  4 amended to read as follows:
 27  5    3.  Sections 490.820 through 490.824 apply both to
 27  6 committees of the board and to their committee members.
 27  7    Sec. 76.  Section 490.1701, subsection 1, Code 2003, is
 27  8 amended to read as follows:
 27  9    1.  Except as provided in this subsection or chapter 504,
 27 10 Code 1989, or chapter 504A, this chapter does not apply to or
 27 11 affect entities subject to chapter 504 or 504A.  Such entities
 27 12 continue to be governed by all laws of this state applicable
 27 13 to them before December 31, 1989, as those laws are amended.
 27 14 This chapter does not derogate or limit the powers to which
 27 15 such entities are entitled.
 27 16    Sec. 77.  Section 490A.1508, Code 2003, is amended to read
 27 17 as follows:
 27 18    490A.1508  ISSUANCE OF MEMBERSHIP INTERESTS.
 27 19    Membership interests of a professional limited liability
 27 20 company shall be issued only to individuals who are licensed
 27 21 to practice in any state a profession which the professional
 27 22 limited liability company is authorized to practice.
 27 23 Membership interests of a professional limited liability
 27 24 company shall not at any time be issued in, transferred into,
 27 25 or held in joint tenancy, tenancy in common, or any other form
 27 26 of joint ownership or co-ownership.  The Iowa uniform
 27 27 securities Act as provided in chapter 502 shall not be
 27 28 applicable to nor govern any transaction relating to any
 27 29 membership interests of a professional limited liability
 27 30 company.
 27 31    Sec. 78.  Section 504A.100, subsection 2, Code 2003, is
 27 32 amended to read as follows:
 27 33    2.  This chapter shall not apply to any domestic
 27 34 corporation heretofore organized or existing under the
 27 35 provisions of chapter 504, of the Code 1989, nor, for a period
 28  1 of two years from and after July 4, 1965, to any foreign
 28  2 corporation holding a permit under the provisions of said
 28  3 chapter on the said date, unless such domestic or foreign
 28  4 corporation shall voluntarily elect to adopt the provisions of
 28  5 this chapter and shall comply with the procedure prescribed by
 28  6 the provisions of subsection 3 of this section.
 28  7    Sec. 79.  Section 504B.1, Code 2003, is amended to read as
 28  8 follows:
 28  9    504B.1  CORPORATIONS APPLICABLE.
 28 10    This chapter shall apply to every corporation organized
 28 11 under chapter 504, Code 1989, or chapter 504A, which
 28 12 corporation is deemed to be a private foundation as defined in
 28 13 section 509 of the Internal Revenue Code, which is
 28 14 incorporated in the state of Iowa after December 31, 1969, and
 28 15 as to any such corporation organized in this state before
 28 16 January 1, 1970, it shall apply only for its federal taxable
 28 17 years beginning on or after January 1, 1972.
 28 18    Sec. 80.  Section 504B.6, unnumbered paragraph 1, Code
 28 19 2003, is amended to read as follows:
 28 20    Nothing in this chapter shall limit the power of any
 28 21 nonprofit corporation organized under chapter 504, Code 1989,
 28 22 or organized under chapter 504A:
 28 23    Sec. 81.  Section 514.1, unnumbered paragraph 1, Code 2003,
 28 24 is amended to read as follows:
 28 25    A corporation organized under former chapter 504, Code
 28 26 1989, or chapter 504A for the purpose of establishing,
 28 27 maintaining, and operating a nonprofit hospital service plan,
 28 28 whereby hospital service may be provided by the corporation or
 28 29 by a hospital with which it has a contract for service, to the
 28 30 public who become subscribers to this plan under a contract
 28 31 which entitles each subscriber to hospital service; or a
 28 32 corporation organized for the purpose of establishing,
 28 33 maintaining, and operating a plan whereby health care service
 28 34 may be provided at the expense of this corporation, by
 28 35 licensed physicians and surgeons, dentists, podiatric
 29  1 physicians, osteopathic physicians, osteopathic physicians and
 29  2 surgeons or chiropractors, to subscribers under contract,
 29  3 entitling each subscriber to health care service, as provided
 29  4 in the contract; or a corporation organized for the purpose of
 29  5 establishing, maintaining, and operating a nonprofit
 29  6 pharmaceutical service plan or optometric service plan,
 29  7 whereby pharmaceutical or optometric service may be provided
 29  8 by this corporation or by a licensed pharmacy with which it
 29  9 has a contract for service, to the public who become
 29 10 subscribers to this plan under a contract which entitles each
 29 11 subscriber to pharmaceutical or optometric service; shall be
 29 12 governed by this chapter and is exempt from all other
 29 13 provisions of the insurance laws of this state, unless
 29 14 specifically designated in this chapter, not only in
 29 15 governmental relations with the state but for every other
 29 16 purpose, and additions enacted after the effective date of
 29 17 this chapter July 1, 1939, shall not apply to these
 29 18 corporations unless they are expressly designated in the
 29 19 additions.
 29 20    Sec. 82.  Section 514.2, Code 2003, is amended to read as
 29 21 follows:
 29 22    514.2  INCORPORATION.
 29 23    Persons desiring to form a nonprofit hospital service
 29 24 corporation, or a nonprofit medical service corporation, or a
 29 25 nonprofit pharmaceutical or optometric service corporation
 29 26 shall incorporate under the provisions of chapter 504, Code
 29 27 1989, or chapter 504A, as supplemented and amended herein and
 29 28 any acts amendatory thereof.
 29 29    Sec. 83.  Section 514.5, unnumbered paragraph 1, Code 2003,
 29 30 is amended to read as follows:
 29 31    A hospital service corporation organized under former
 29 32 chapter 504, Code 1989, or chapter 504A may enter into
 29 33 contracts for the rendering of hospital service to any of its
 29 34 subscribers with hospitals maintained and operated by the
 29 35 state or any of its political subdivisions, or by any
 30  1 corporation, association, or individual.  Such hospital
 30  2 service corporation may also contract with an ambulatory
 30  3 surgical facility to provide surgical services to the
 30  4 corporation's subscribers.  Hospital service is meant to
 30  5 include bed and board, general nursing care, use of the
 30  6 operating room, use of the delivery room, ordinary medications
 30  7 and dressings and other customary routine care.  Ambulatory
 30  8 surgical facility means a facility constructed and operated
 30  9 for the specific purpose of providing surgery to patients
 30 10 admitted to and discharged from the facility within the same
 30 11 day.
 30 12    Sec. 84.  Section 542.7, subsection 8, unnumbered paragraph
 30 13 1, Code 2003, is amended to read as follows:
 30 14    The board, by rule, shall require as a condition to of
 30 15 renewal of a permit to practice as a certified public
 30 16 accounting firm, that an applicant undergo, no more frequently
 30 17 than once every three years, a peer review conducted in such
 30 18 manner as the board specifies.  The review shall include a
 30 19 verification that any individual in the firm who is
 30 20 responsible for supervising attest and compilation services
 30 21 and who signs or authorizes someone to sign the accountant's
 30 22 report on a financial statement on behalf of the firm meets
 30 23 the competency requirements set forth in the professional
 30 24 standards for such services.
 30 25    Sec. 85.  Section 542.8, subsection 17, Code 2003, is
 30 26 amended to read as follows:
 30 27    17.  The board, by rule, shall require as a condition to of
 30 28 renewal of a permit to practice as a licensed public
 30 29 accounting firm, that an applicant undergo, no more frequently
 30 30 than once every three years, a peer review conducted in such
 30 31 manner as the board specifies.  The review shall include
 30 32 verification that any individual in the firm who is
 30 33 responsible for supervising compilation services and who signs
 30 34 or authorizes someone to sign the accountant's report on a
 30 35 financial statement on behalf of the firm meets the competency
 31  1 requirements set forth in the professional standards for such
 31  2 services.  Such rules shall include reasonable provision for
 31  3 compliance by an applicant showing that the applicant, within
 31  4 the preceding three years, has undergone a peer review that is
 31  5 a satisfactory equivalent to the peer review required under
 31  6 this subsection.  An applicant's completion of a peer review
 31  7 program endorsed or supported by the national society of
 31  8 accountants, or other substantially similar review as
 31  9 determined by the board, satisfies the requirements of this
 31 10 subsection.
 31 11    Sec. 86.  Section 544B.1, subsection 2, Code 2003, is
 31 12 amended to read as follows:
 31 13    2.  The "practice "Practice of landscape architecture"
 31 14 means the performance of professional services such as
 31 15 consultations, investigations, reconnaissance, research,
 31 16 planning, design, or responsible supervision in connection
 31 17 with projects involving the arranging of land and the elements
 31 18 thereon for public and private use and enjoyment, including
 31 19 the alignment of roadways and the location of buildings,
 31 20 service areas, parking areas, walkways, steps, ramps, pools
 31 21 and other structures, and the grading of the land, surface and
 31 22 subsoil drainage, erosion control, planting, reforestation,
 31 23 and the preservation of the natural landscape and aesthetic
 31 24 values, in accordance with accepted professional standards of
 31 25 public health, welfare, and safety.  This practice shall
 31 26 include the location and arrangement of such tangible objects
 31 27 and features as are incidental and necessary to the purposes
 31 28 outlined in this chapter but shall not include the design of
 31 29 structures or facilities with separate and self-contained
 31 30 purposes for habitation or industry, or the design of public
 31 31 streets and highways, utilities, storm and sanitary sewers,
 31 32 and sewage treatment facilities, such as are ordinarily
 31 33 included in the practice of engineering or architecture; and
 31 34 shall not include the making of land surveys or final land
 31 35 plats for official approval or recording.  Nothing contained
 32  1 in this chapter shall be construed as authorizing a
 32  2 professional landscape architect to engage in the practice of
 32  3 architecture, engineering, or land surveying.
 32  4    Sec. 87.  Section 554.9706, subsection 2, paragraph a, Code
 32  5 2003, is amended to read as follows:
 32  6    a.  if the initial financing statement is filed before July
 32  7 1, 2001, for the period provided in former section 554.9403,
 32  8 Code 2001, with respect to a financing statement; and
 32  9    Sec. 88.  Section 554.11103, Code 2003, is amended to read
 32 10 as follows:
 32 11    554.11103  TRANSITION TO THIS CHAPTER AS AMENDED – GENERAL
 32 12 RULE.
 32 13    Transactions validly entered into after July 4, 1966, and
 32 14 before January 1, 1975, which were subject to the provisions
 32 15 of this chapter prior to amendment and which would be subject
 32 16 to this chapter as amended if they had been entered into on or
 32 17 after January 1, 1975, and the rights, duties and interests
 32 18 flowing from such transactions remain valid after January 1,
 32 19 1975, and may be terminated, completed, consummated or
 32 20 enforced as required or permitted by this chapter as amended.
 32 21 Security interests arising out of such transactions which are
 32 22 perfected on January 1, 1975, shall remain perfected until
 32 23 they lapse or are terminated as provided in this chapter as
 32 24 amended, and may be continued as permitted by this chapter as
 32 25 amended, except as stated in section 554.11105.
 32 26    Sec. 89.  Section 616.10, Code 2003, is amended to read as
 32 27 follows:
 32 28    616.10  INSURANCE COMPANIES.
 32 29    Insurance companies may be sued in any county in which
 32 30 their principal place of business is kept, or in which the
 32 31 contract of insurance was made, or in which the loss insured
 32 32 against occurred, or, in case of insurance against death or
 32 33 disability, in the county of the domicile of the insured at
 32 34 the time the loss occurred, or in the county of plaintiff's
 32 35 residence.  As used in this section the term "insurance
 33  1 companies" includes nonprofit hospital service corporations
 33  2 and nonprofit medical service corporations which have
 33  3 incorporated under the provisions of chapter 504, Code 1989,
 33  4 or chapter 504A.
 33  5    Sec. 90.  Section 618.5, Code 2003, is amended to read as
 33  6 follows:
 33  7    618.5  PERMISSIBLE SELECTION.
 33  8    Publications may be made in a newspaper published at least
 33  9 once a week or oftener.
 33 10    Sec. 91.  Section 618.9, Code 2003, is amended to read as
 33 11 follows:
 33 12    618.9  DAYS OF PUBLICATION.
 33 13    When the publication is in a newspaper which is published
 33 14 oftener than more than once a week, the succeeding
 33 15 publications of such notice shall be on the same day of the
 33 16 week as the first publication.  This section shall not apply
 33 17 to any notice for the publication of which provision
 33 18 inconsistent herewith is specially made.
 33 19    Sec. 92.  Section 633.63, subsection 3, Code 2003, is
 33 20 amended to read as follows:
 33 21    3.  A private nonprofit corporation organized under chapter
 33 22 504, Code 1989, or chapter 504A is qualified to act as a
 33 23 guardian, as defined in section 633.3, subsection 20, or a
 33 24 conservator, as defined in section 633.3, subsection 7, where
 33 25 the assets subject to the conservatorship at the time when
 33 26 such corporation is appointed conservator are less than or
 33 27 equal to seventy-five thousand dollars and the corporation
 33 28 does not possess a proprietary or legal interest in an
 33 29 organization which provides direct services to the individual.
 33 30    Sec. 93.  Section 633.4214, subsection 3, paragraph c, Code
 33 31 2003, is amended to read as follows:
 33 32    c.  This subsection does not apply to the following:
 33 33    (1)  A power held by the settlor's spouse who is the
 33 34 trustee of a trust for which a marital deduction, as defined
 33 35 in section 2056(b)(5) or 2523(e) of the Internal Revenue Code
 34  1 of 1986, that was previously allowed.
 34  2    (2)  A trust that may be revoked or amended by the settlor.
 34  3    (3)  A trust, if contributions to the trust which qualify
 34  4 for an annual exclusion under section 2503(c) of the Internal
 34  5 Revenue Code of 1986.
 34  6    Sec. 94.  Section 637.601, unnumbered paragraph 1, Code
 34  7 2003, is amended to read as follows:
 34  8    For purposes of this section subchapter:
 34  9    Sec. 95.  Section 637.605, subsection 2, Code 2003, is
 34 10 amended to read as follows:
 34 11    2.  The trustee appoints a disinterested person who, in its
 34 12 the person's sole discretion, but acting in a fiduciary
 34 13 capacity, determines for the trustee the method to be used in
 34 14 determining the fair market value of the trust, and which
 34 15 assets, if any, are to be excluded in determining the unitrust
 34 16 amount.
 34 17    Sec. 96.  Section 656.2, subsection 2, paragraph a,
 34 18 unnumbered paragraph 11, Code 2003, is amended to read as
 34 19 follows:
 34 20    The request for notice shall be indexed pursuant to section
 34 21 558.50.
 34 22    Sec. 97.  Section 709.19, subsection 1, Code 2003, is
 34 23 amended to read as follows:
 34 24    1.  Upon the filing of an affidavit by a victim, or a
 34 25 parent or guardian on behalf of a minor who is a victim, of a
 34 26 crime of that is a sexual offense in violation of section
 34 27 709.2, 709.3, 709.4, 709.8, 709.9, 709.11, 709.12, 709.14,
 34 28 709.15, or 709.16, which that states that the presence of or
 34 29 contact with the defendant whose release from jail or prison
 34 30 is imminent or who has been released from jail or prison
 34 31 continues to pose a threat to the safety of the victim,
 34 32 persons residing with the victim, or members of the victim's
 34 33 immediate family, the court shall enter a temporary no-contact
 34 34 order which shall require the defendant to have no contact
 34 35 with the victim, persons residing with the victim, or members
 35  1 of the victim's immediate family.
 35  2    Sec. 98.  Section 717D.1, Code 2003, is amended to read as
 35  3 follows:
 35  4    717D.1  DEFINITIONS.
 35  5    As used in this chapter:
 35  6    1.  "Animal" means a nonhuman vertebrate.
 35  7    2.  "Contest animal" means a bull, bear, chicken, or dog.
 35  8    3.  "Contest device" means equipment designed to enhance a
 35  9 contest animal's entertainment value during training or a
 35 10 contest event, including a device to improve the contest
 35 11 animal's competitiveness.
 35 12    4.  "Contest event" means a function organized for the
 35 13 entertainment or profit of spectators where a contest animal
 35 14 is injured, tormented, or killed, if the contest animal is a
 35 15 bull involved in a bullfight or bull baiting, a bear involved
 35 16 in bear baiting, a chicken involved in cock fighting, or a dog
 35 17 involved in dog fighting.
 35 18    5.  "Establishment" means the location where a contest
 35 19 event occurs or is to occur, regardless of whether a contest
 35 20 animal is present at the establishment or the contest animal
 35 21 is witnessed by means of an electronic signal transmitted to
 35 22 the location.
 35 23    6.  "Livestock" means the same as defined in section 717.1.
 35 24    7.  "Local authority" means the same as defined in section
 35 25 717B.1.
 35 26    8.  "Promoter" means a person who charges admission for
 35 27 entry into an establishment or organizes, holds, advertises,
 35 28 or otherwise conducts a contest event.
 35 29    9.  "Spectator" means a person who attends an establishment
 35 30 for purposes of witnessing a contest event.
 35 31    10.  "Trainer" means a person who trains a contest animal
 35 32 for purposes of engaging in a contest event, regardless of
 35 33 where the contest event is located.  A trainer includes a
 35 34 person who uses a contest device.
 35 35    11.  "Transporter" means a person who moves a contest
 36  1 animal for delivery to a training location or a contest event
 36  2 location.
 36  3    Sec. 99.  Section 802.5, Code 2003, is amended to read as
 36  4 follows:
 36  5    802.5  EXTENSION FOR FRAUD, FIDUCIARY BREACH.
 36  6    If the period periods prescribed in sections 802.3 and
 36  7 802.4 has have expired, prosecution may nevertheless be
 36  8 commenced for any offense a material element of which is
 36  9 either fraud or a breach of fiduciary obligation within one
 36 10 year after discovery of the offense by an aggrieved party or
 36 11 by a person who has legal duty to represent an aggrieved party
 36 12 and who is not a party to the offense, but in no case shall
 36 13 this provision extend the period of limitation otherwise
 36 14 applicable by more than three years.
 36 15    Sec. 100.  Section 805.8A, subsection 3, paragraph e, Code
 36 16 2003, is amended to read as follows:
 36 17    e.  For a violation of section 321.430, the scheduled
 36 18 violation fine is thirty-five dollars.
 36 19    Sec. 101.  Section 805.8A, subsection 4, paragraph b, Code
 36 20 2003, is amended to read as follows:
 36 21    b.  For a violation of section 321.216, the scheduled
 36 22 violation fine is seventy-five dollars.
 36 23    Sec. 102.  Section 805.8A, subsection 10, paragraph b, Code
 36 24 2003, is amended to read as follows:
 36 25    b.  For a violation under section 321.372, subsection 3,
 36 26 the scheduled violation fine is one hundred dollars.
 36 27    Sec. 103.  Section 809A.14, subsection 4, unnumbered
 36 28 paragraph 1, Code 2003, is amended to read as follows:
 36 29    Notice of the issuance of a temporary restraining order and
 36 30 an opportunity for a hearing shall be given to persons known
 36 31 to have an interest in the property.  A hearing shall be held
 36 32 at the earliest possible date in accordance with R.C.P.  326
 36 33 rule of civil procedure 1.1507, and shall be limited to the
 36 34 following issues:
 36 35    Sec. 104.  Section 907B.2, Article I, subsection 7, Code
 37  1 2003, is amended to read as follows:
 37  2    7.  MEMBER.  "Member" means the commissioner of a
 37  3 compacting state or a designee, who shall be a person
 37  4 officially connected with the commissioner.
 37  5    Sec. 105.  Section 907B.2, Article IV, subsection 10, Code
 37  6 2003, is amended to read as follows:
 37  7    10.  To accept any and all donations and grants of money,
 37  8 equipment, supplies, materials, and services, and to receive,
 37  9 utilize, and dispose of the same.
 37 10    Sec. 106.  Section 907B.2, Article VII, subsection 7,
 37 11 paragraph j, Code 2003, is amended to read as follows:
 37 12    j.  Mediation, arbitration and dispute resolution.  The
 37 13 existing rules governing the operation of the previous compact
 37 14 superseded by this Act compact shall be null and void twelve
 37 15 months after the first meeting of the interstate commission
 37 16 created hereunder.
 37 17    Sec. 107.  2002 Iowa Acts, chapter 1017, section 4, is
 37 18 amended to read as follows:
 37 19    SEC. 4.  Section 331.602, subsection 13, Code Supplement
 37 20 2001, is amended by striking the subsection.
 37 21    Sec. 108.  2002 Iowa Acts, chapter 1093, section 3, is
 37 22 amended by striking the section and inserting in lieu thereof
 37 23 the following:
 37 24    SEC. 3.  Section 166D.10, subsection 4, paragraph b,
 37 25 subparagraph (2), subparagraph subdivision (a), unnumbered
 37 26 paragraph 1, Code 2001, is amended to read as follows:
 37 27    Except as provided in this subparagraph, the owner of swine
 37 28 shall vaccinate the swine with a modified-live differentiable
 37 29 vaccine, prior to moving swine into the stage II county.  A
 37 30 statistical sampling of the swine moved into a herd as
 37 31 provided in this subparagraph shall be tested using a
 37 32 differentiable test within thirty days after the swine is
 37 33 moved to a herd in this state.  If a swine reacts positively
 37 34 to the test, the herd is an infected herd.  A person is not
 37 35 required to vaccinate swine prior to moving swine into the
 38  1 stage II county or test the swine after the swine has been
 38  2 moved to a herd in the stage II county, if one of the
 38  3 following applies:
 38  4    Sec. 109.  2002 Iowa Acts, chapter 1119, section 108, is
 38  5 amended to read as follows:
 38  6    SEC. 108.  Section 229.26, Code Supplement 2001, is amended
 38  7 by striking the words "third edition,".
 38  8    Sec. 110.  2002 Iowa Acts, chapter 1132, section 9, is
 38  9 amended by striking the section and inserting in lieu thereof
 38 10 the following:
 38 11    SEC. 9.  Section 368.11, unnumbered paragraph 4, Code
 38 12 Supplement 2001, is amended to read as follows:
 38 13    At least ten fourteen business days before a petition for
 38 14 involuntary annexation is filed as provided in this section,
 38 15 the petitioner shall make its intention known by sending a
 38 16 letter of intent by certified mail to the council of each city
 38 17 whose urbanized area contains a portion of the territory, the
 38 18 board of supervisors of each county which contains a portion
 38 19 of the territory, the regional planning authority of the
 38 20 territory involved, each affected public utility, and to each
 38 21 property owner listed in the petition.  The written
 38 22 notification shall include notice that the petitioners shall
 38 23 hold a public meeting on the petition for involuntary
 38 24 annexation prior to the filing of the petition.
 38 25    Sec. 111.  2002 Iowa Acts, chapter 1140, section 28, is
 38 26 amended by striking the section and inserting in lieu thereof
 38 27 the following:
 38 28    SEC. 28.  Section 285.12, Code Supplement 2001, is amended
 38 29 to read as follows:
 38 30    285.12  DISPUTES – HEARINGS AND APPEALS.
 38 31    In the event of a disagreement between a school patron and
 38 32 the board of the school district, the patron if dissatisfied
 38 33 with the decision of the district board, may appeal the same
 38 34 to the area education agency board, notifying the secretary of
 38 35 the district in writing within ten days of the decision of the
 39  1 board and by filing an affidavit of appeal with the agency
 39  2 board within the ten-day period.  The affidavit of appeal
 39  3 shall include the reasons for the appeal and points at issue.
 39  4 The secretary of the local board on receiving notice of appeal
 39  5 shall certify all papers to the agency board which shall hear
 39  6 the appeal within ten days of the receipt of the papers and
 39  7 decide it within three days of the conclusion of the hearing
 39  8 and shall immediately notify all parties of its decision.
 39  9 Either party may appeal the decision of the agency board to
 39 10 the director of the department of education by notifying the
 39 11 opposite party and the agency administrator in writing within
 39 12 five days after receipt of notice of the decision of the
 39 13 agency board and by filing with the director of the department
 39 14 of education an affidavit of appeal, reasons for appeal, and
 39 15 the facts involved in the disagreement within five days after
 39 16 receipt of notice of the decision of the agency board.  The
 39 17 agency administrator shall, within ten days of said receipt of
 39 18 the notice, file with the director all records and papers
 39 19 pertaining to the case, including action of the agency board.
 39 20 The director shall hear the appeal within fifteen days of the
 39 21 filing of the records in the director's office, notifying all
 39 22 parties and the agency administrator of the date and time of
 39 23 hearing.  The director shall forthwith decide the same and
 39 24 notify all parties of the decision and return all papers with
 39 25 a copy of the decision to the agency administrator.  The
 39 26 decision of the director shall be subject to judicial review
 39 27 in accordance with the terms of the Iowa administrative
 39 28 procedure Act chapter 17A.  Pending final order made by the
 39 29 director, upon any appeal prosecuted to such director, the
 39 30 order of the agency board from which the appeal is taken shall
 39 31 be operative and be in full force and effect.
 39 32    Sec. 112.  2002 Iowa Acts, chapter 1149, section 2, is
 39 33 amended by striking the section and inserting in lieu thereof
 39 34 the following:
 39 35    SEC. 2.  Section 137F.6, Code 2001, is amended by adding
 40  1 the following new subsection:
 40  2    NEW SUBSECTION.  7.  For a farmers market where potentially
 40  3 hazardous food is sold or distributed, one seasonal license
 40  4 fee of one hundred dollars for each vendor on a countywide
 40  5 basis.
 40  6    Sec. 113.  2002 Iowa Acts, chapter 1175, section 41, the
 40  7 bill section amending clause, is amended to read as follows:
 40  8    Section 546.10, subsection 3, unnumbered paragraph 2, if
 40  9 enacted by 2002 Iowa Acts, Senate File 2326, section 32, is
 40 10 amended to read as follows:
 40 11    Sec. 114.  2001 Iowa Acts, chapter 55, section 31, is
 40 12 amended by striking the section and inserting in lieu thereof
 40 13 the following:
 40 14    SEC. 31.  Section 502.102, subsection 11, paragraph c,
 40 15 subparagraphs (3) and (4), Code 2001, are amended to read as
 40 16 follows:
 40 17    (3)  An attorney licensed to practice law in this state, a
 40 18 certified public accountant licensed pursuant to chapter 542C
 40 19 542D, a professional engineer licensed pursuant to chapter
 40 20 542B, or a certified teacher, if the person's performance of
 40 21 these services is solely incidental to the practice of the
 40 22 person's profession.
 40 23    (4)  An attorney licensed to practice law in this state or
 40 24 a certified public accountant licensed pursuant to chapter
 40 25 542C 542D who does not do any of the following:
 40 26    (a)  Exercise investment discretion regarding the assets of
 40 27 a client or maintain custody of the assets of a client for the
 40 28 purpose of investing the assets, except when the person is
 40 29 acting as a bona fide fiduciary in a capacity such as an
 40 30 executor, administrator, trustee, estate or trust agent,
 40 31 guardian, or conservator.
 40 32    (b)  Accept or receive directly or indirectly any
 40 33 commission, fee, or other remuneration contingent upon the
 40 34 purchase or sale of any specific security by a client of such
 40 35 person.
 41  1    (c)  Provide advice regarding the purchase or sale of
 41  2 specific securities.  However, this subparagraph subdivision
 41  3 (c) shall not apply when the advice about specific securities
 41  4 is based on a financial statement analysis or tax
 41  5 considerations that are reasonably related to and in
 41  6 connection with the person's profession.
 41  7    Sec. 115.  Sections 513C.3, 514E.1, 514I.1 through 514I.9,
 41  8 and 514I.11, Code 2003, are amended by striking the term
 41  9 "HAWK-I" and inserting in lieu thereof the term "hawk-i".  The
 41 10 Code editor is directed to replace the term "HAWK-I" with the
 41 11 term "hawk-i" in any other statute contained in the 2003 Code
 41 12 or which is amended or enacted in other legislation enacted
 41 13 during the 2003 Session of the 80th General Assembly.  The
 41 14 Code editor is further directed to make the same replacement
 41 15 in statutes appearing in any legislation that was enacted
 41 16 prior to the 2003 Session of the 80th General Assembly, but
 41 17 that will be codified on or after the effective date of this
 41 18 Act.
 41 19    Sec. 116.  RETROACTIVE APPLICABILITY AND EFFECTIVE DATES.
 41 20    1.  The amendment in this Act to section 29A.90, subsection
 41 21 3, Code 2003, is retroactively applicable to April 22, 2002.
 41 22    2.  The section of this Act amending 2002 Iowa Acts,
 41 23 chapter 1093, section 3, takes effect upon enactment and is
 41 24 retroactively applicable to April 8, 2002.
 41 25    3.  The sections of this Act amending 2002 Iowa Acts,
 41 26 chapter 1119, section 108 and 2002 Iowa Acts, chapter 1132,
 41 27 section 9, take effect upon enactment and are retroactively
 41 28 applicable to July 1, 2002.
 41 29    4.  The sections of this Act amending 2002 Iowa Acts,
 41 30 chapter 1140, section 28 and 2002 Iowa Acts, chapter 1149,
 41 31 section 2, take effect upon enactment and are retroactively
 41 32 applicable to May 2, 2002.
 41 33    5.  This section is effective upon enactment.  
 41 34                           EXPLANATION
 41 35    This bill makes Code changes and corrections that are
 42  1 considered to be nonsubstantive and noncontroversial, in
 42  2 addition to style changes.  Changes made include updating or
 42  3 correcting various names of and references to public and
 42  4 private entities and funds, correcting internal Code and
 42  5 subject matter references, and making various grammatical
 42  6 corrections.  Code sections in which the technical,
 42  7 grammatical, and other nonsubstantive changes are made include
 42  8 the following:
 42  9    Code sections 9H.1, 9H.4, 10B.1, 15E.11, 190C.1, 230A.12,
 42 10 304A.21, 331.427, 490.1701, 504A.100, 504B.1, 504B.6, 514.1,
 42 11 514.2, 514.5, 616.10, and 633.63:  Adds references to the 1989
 42 12 version of the Iowa Code after references to former chapter
 42 13 504, which related to nonprofit corporations and was repealed
 42 14 by 1990 Iowa Acts, chapter 1164, and adds, in some cases, the
 42 15 word "chapter" before references to Code chapter 504A, the
 42 16 current Iowa nonprofit corporation Act.
 42 17    Code section 9H.1:  Adds a chapter citation following a
 42 18 reference to the Iowa probate code in Iowa's corporate farming
 42 19 chapter.
 42 20    Code section 15E.42:  Substitutes a codified section number
 42 21 for a reference to an enacted House File in a provision
 42 22 defining the Iowa capital investment board.
 42 23    Code section 15E.111:  Updates references to the former
 42 24 senate standing committee on small business, economic
 42 25 development, and tourism and the former house of
 42 26 representatives standing committee on economic development to
 42 27 references to the senate and house standing committees on
 42 28 economic growth.
 42 29    Code sections 18.80, 18.81, 18.83 through 18.86, 18.88,
 42 30 18.92, 18.102, and 18.103:  Replaces "superintendent" with
 42 31 "state printing administrator" to conform with a Code editor
 42 32 directive contained in 1998 Iowa Acts, chapter 1164, section
 42 33 40.
 42 34    Code section 29A.90:  Substitutes "April 22, 2002," for the
 42 35 phrase "effective date of this division of this Act" in a
 43  1 provision defining "military service" for purposes of
 43  2 calculating when military personnel are granted limited relief
 43  3 in cases involving civil suits or judgments.  The bill also
 43  4 makes the provision retroactively applicable to that date.
 43  5    Code section 68B.39:  Eliminates an obsolete date by which
 43  6 the Iowa supreme court was required to prescribe rules
 43  7 establishing a code of ethics for its officials and employees.
 43  8    Code sections 70A.23, 70A.30, 97B.66, and 97B.73:  Corrects
 43  9 the name of the retirement fund TIAA-CREF in several Code
 43 10 provisions relating to benefits for retired state officers and
 43 11 employees.
 43 12    Code section 80.17:  Corrects the name of the division of
 43 13 criminal investigation in provision setting out the divisions
 43 14 of the department of public safety.
 43 15    Code sections 80A.4, 80A.7, 99D.8A, 99E.3, 99E.9, and
 43 16 99F.6:  Standardizes the names of the state criminal history
 43 17 repository and the national criminal history check in
 43 18 provisions relating to license requirements and identification
 43 19 cards for private investigators and security agencies,
 43 20 licensure of racetracks, employment of personnel of the
 43 21 lottery division of the department of revenue and finance, the
 43 22 Iowa lottery board and the commissioner of the lottery, and
 43 23 licensure of gambling boats.
 43 24    Code section 103A.25:  Treats a resolution adopting the
 43 25 state building code as an ordinance if the resolution was
 43 26 adopted prior to July 1, 1989, and substitutes that date for
 43 27 the phrase referring to "this Act".
 43 28    Code section 135.78:  Removes a reference to repealed Code
 43 29 section 135.77 and removes Code section 135.78 from the list
 43 30 of sections referred to, substituting the words "this
 43 31 section", regarding health facility data compiled by the
 43 32 department of public health.
 43 33    Code sections 141A.7, 142.4, 142.8, 321.178, and 321.189:
 43 34 Adds a citation to Code chapter 142C to provisions referencing
 43 35 the uniform anatomical gift Act.  The provisions amended
 44  1 relate to HIV test results and other information involved in
 44  2 HIV-related testing, the surrender of dead bodies delivered to
 44  3 medical schools for scientific purposes, restrictions upon the
 44  4 transportation of dead bodies out of state, informing student
 44  5 drivers about becoming organ donors, and a requirement that a
 44  6 person's driver's license may include a notice that the person
 44  7 is an organ donor under the Act.
 44  8    Code section 142C.6, subsection 2:  Conforms references to
 44  9 entities authorized to deposit a document of anatomical gift
 44 10 to language used earlier in the subsection.
 44 11    Code section 147.107:  Corrects terminology for the various
 44 12 boards of examiners regarding drug dispensing, supplying, and
 44 13 prescribing.
 44 14    Code section 163.30:  Changes reference from "chapter" to
 44 15 "subchapter" regarding the applicability of certain
 44 16 definitions relating to importation of swine.
 44 17    Code sections 172D.3 and 481B.5:  Changes the style of
 44 18 citation of the federal code of regulations to be consistent
 44 19 throughout the Code.  State law exceptions for feedlots
 44 20 complying with federal regulations, standards for margarine
 44 21 based on federal regulations, prohibitions regarding
 44 22 possessing or dealing in threatened or endangered species as
 44 23 provided by federal regulations, and exemptions from state law
 44 24 governing prize promotions for persons regulated by the
 44 25 federal trade commission.
 44 26    Code section 256A.3, subsection 11:  Strikes a reference to
 44 27 the Code chapter creating the family resource demonstration
 44 28 program which was repealed in 2001.
 44 29    Code section 260C.14:  Replaces the term "state board" with
 44 30 "director" regarding proposed community college programs to be
 44 31 consistent with changes made in 2002 legislation.
 44 32    Code section 261.23:  Corrects a reference to the
 44 33 registered nurse loan repayment program.
 44 34    Code section 272.2, subsection 14, paragraph "a":
 44 35 Substitutes correct prepositions to improve grammatical usage.
 45  1    Code section 284.3:  Strikes inconsequential phrase "as
 45  2 enacted by this Act".
 45  3    Code section 284.11:  Corrects references to team-based
 45  4 variable pay plan regarding the pilot program for team-based
 45  5 variable pay for student achievement.
 45  6    Code section 308.1:  Corrects a reference to the state soil
 45  7 conservation committee which is established in Code section
 45  8 161A.4.
 45  9    Code section 331.652:  Uses the singular noun to refer to a
 45 10 civil process server who is not to be considered a county
 45 11 sheriff for certain purposes.
 45 12    Code section 335.24:  Deletes an obsolete reference to the
 45 13 former department of water, air, and waste management in a
 45 14 county zoning Code chapter.  The department was replaced by
 45 15 the department of natural resources in 1986.
 45 16    Code section 421B.11:  Changes "the terms of the Iowa
 45 17 administrative procedure Act" to "chapter 17A" to make
 45 18 references to that chapter uniform in the Code.
 45 19    Code section 426B.1:  Consolidates two paragraphs into one
 45 20 paragraph in a provision relating to an annual appropriation
 45 21 from the property tax relief fund to remove an unneeded fiscal
 45 22 year destination.
 45 23    Code section 432.1:  Corrects an internal reference to a
 45 24 subsection renumbered in 2002 relating to the insurance
 45 25 premiums tax.
 45 26    Code section 455B.484:  Corrects two references to the
 45 27 "waste management assistance trust fund".
 45 28    Code sections 455B.488 and 455B.518:  Substitutes
 45 29 "department", meaning the department of natural resources, for
 45 30 "division" and "authority", in language which referred to the
 45 31 waste management assistance division and the waste management
 45 32 authority within the department in 2002 eliminating Code
 45 33 references to specific divisions within the department.
 45 34    Code section 455H.208:  Corrects reference to officials "in
 45 35 charge" of a public water supply in a provision requiring
 46  1 public participation in the process for enrolling and
 46  2 remediating property in the land recycling program.
 46  3    Code section 456A.19:  Removes the definite article "the"
 46  4 in referring to general fish and wildlife activities relating
 46  5 to usage of funds in the fish and game protection fund.
 46  6    Code section 456A.21:  Eliminates a reference to the
 46  7 forests and prairies division of the department of natural
 46  8 resources and substitutes "department" for "division" to
 46  9 conform to legislation in 2002 eliminating Code references to
 46 10 specific divisions within the department.
 46 11    Code section 459.102(29):  Corrects punctuation relating to
 46 12 a subordinate clause in the definition of "major water
 46 13 source".
 46 14    Code section 459.303(5)(a):  Corrects a reference to "this
 46 15 paragraph" to read "this subsection" in provision relating to
 46 16 permit requirements for confinement feeding operations.
 46 17    Code sections 459.310(1)(a) and 459.312(10)(a)(2)(b)(i):
 46 18 Changes references to a water of "this" state to refer to a
 46 19 water of "the" state to conform to the definition of "water of
 46 20 the state" in Code chapter 459.
 46 21    Code section 459.310(1)(c):  Inserts "feeding" between
 46 22 "confinement" and "operation structure".  The defined term is
 46 23 "confinement feeding operation structure".
 46 24    Code section 459.604:  Changes "department of natural
 46 25 resources" to the defined term "department".
 46 26    Code section 466.5:  Corrects a reference to "this
 46 27 subsection" to read "this section" in provision relating to
 46 28 establishment of a wetland by the department of agriculture
 46 29 and land stewardship.
 46 30    Code section 490.825:  Makes a grammatical change to
 46 31 clarify that both the committees and the committee members are
 46 32 subject to certain requirements.
 46 33    Code section 490A.1508:  Adds a citation to Code chapter
 46 34 502 in a provision referencing the Iowa uniform securities Act
 46 35 and transactions involving membership interests of a
 47  1 professional limited liability company.
 47  2    Code section 514.1:  Substitutes the actual date, July 1,
 47  3 1939, for the words "the effective date of this chapter".
 47  4    Code sections 542.7 and 542.8:  Substitutes "of" for "to"
 47  5 in provisions relating to the licensing of public accountants
 47  6 and public accounting firms.
 47  7    Code section 544B.1:  Substitutes "Practice" for "The
 47  8 practice" in definitional section of landscape architecture
 47  9 licensing chapter.
 47 10    Code section 554.9706:  Specifies that a reference to
 47 11 "former section 554.9403" means "section 554.9403, Code 2001".
 47 12    Code section 554.11103:  Strikes a cross-reference to
 47 13 repealed Code section 554.11105.
 47 14    Code sections 618.5 and 618.9:  Improves out-of-date
 47 15 grammatical constructions by replacing the word "oftener" with
 47 16 "at least" or "more than".
 47 17    Code section 633.4214:  Makes grammatical corrections in
 47 18 provisions relating to fiduciary duties of trustees.
 47 19    Code sections 637.601 and 637.605:  Substitutes the term
 47 20 "subchapter" for "section" with respect to the applicability
 47 21 of definitions and the term "the person's" for "its" in
 47 22 provisions relating to total return unitrusts.
 47 23    Code section 656.2:  Strikes a cross-reference to repealed
 47 24 Code section 558.50.
 47 25    Code section 709.19:  Makes a grammatical correction in a
 47 26 provision relating to no-contact orders upon a defendant's
 47 27 release from jail or prison.
 47 28    Code section 717D.1:  Specifies the applicability of
 47 29 definitions for Code chapter 717D relating to animal contest
 47 30 events.
 47 31    Code section 802.5:  Makes grammatical corrections in a
 47 32 provision relating to limitations on criminal actions.
 47 33    Code section 805.8A:  Substitutes the word "fine" for
 47 34 "violation" in provision relating to motor vehicle and
 47 35 transportation scheduled violations.
 48  1    Code section 809A.14:  Updates a reference to a rule of
 48  2 civil procedure.  The rules of civil procedure were renumbered
 48  3 effective February 15, 2002, as part of the publication of the
 48  4 fourth edition of those rules.  Former rule 326 is now rule
 48  5 1.1507.
 48  6    Code section 907B.2:  Improves grammatical construction and
 48  7 substitutes the word "compact" for "Act" in provision relating
 48  8 to the interstate compact for adult offender supervision.
 48  9    2002 Iowa Acts, chapters 1017 and 1119:  Amends the lead-in
 48 10 to two bill sections which incorrectly cite Code 2001 or Code
 48 11 Supplement 2001.
 48 12    2002 Iowa Acts, chapter 1093, section 3:  Changes the lead-
 48 13 in of this Act's provision to reflect that only unnumbered
 48 14 paragraph 1 was amended, rather than all of subparagraph
 48 15 subdivision (a).  This section of the bill takes effect upon
 48 16 enactment and is retroactively applicable to April 8, 2002.
 48 17    2002 Iowa Acts, chapter 1132, section 9:  Adds "Supplement"
 48 18 to the lead-in.  This section of the bill takes effect upon
 48 19 enactment and is retroactively applicable to July 1, 2002.
 48 20    2002 Iowa Acts, chapter 1140, section 28:  Adds
 48 21 "Supplement" to the lead-in.  This section of the bill takes
 48 22 effect upon enactment and is retroactively applicable to May
 48 23 2, 2002.
 48 24    2002 Iowa Acts, chapter 1149, section 2:  Strikes
 48 25 "Supplement" in lead-in.  This section of the bill takes
 48 26 effect upon enactment and is retroactively applicable to May
 48 27 2, 2002.
 48 28    2002 Iowa Acts, chapter 1175:  Amends the lead-in to a bill
 48 29 section by identifying the year and legislative session in
 48 30 which a bill was passed by the general assembly.
 48 31    2001 Iowa Acts, chapter 55:  Amends a bill section by
 48 32 inserting the remaining portion of a Code section
 48 33 inadvertently omitted from the bill.
 48 34    Capitalization change:
 48 35    Code sections 513C.3, 514E.1, 514I.1 through 514I.9, and
 49  1 514I.11:  Strikes the capitalized version of the acronym for
 49  2 the healthy and well kids in Iowa program and substitutes
 49  3 lower-case version.  
 49  4 LSB 2096SC 80
 49  5 lh/cf/24
     

Text: SSB01045                          Text: SSB01047
Text: SSB01000 - SSB01099               Text: SSB Index
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