Legislative Highlights and Bills of Interest -- 2000

This is the second part of my report. The total was too large for the
ListServ requirements.

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S.F. 2092
A bill for an act relating to statutory corrections which may adjust
language to reflect current practices, insert earlier omissions, delete
redundancies and inaccuracies, delete temporary language, resolve
inconsistencies and conflicts, update ongoing provisions, or remove
ambiguities and providing effective dates.      .

EXPLANATION    This bill makes corrections to the Code of Iowa to reflect
current practices, to insert omissions, to delete redundancies,
inaccuracies, and temporary language, to resolve inconsistencies and
conflicts, to update ongoing provisions, and to remove ambiguities.    Code
section 12C.6A. Subsection 5, paragraph "b", is amended by substituting the
word "bank" for the words "financial institution", to be consistent with the
other changes made in the section by 1999 Iowa Acts, chs. 53 and 117.
Code section 12C.25. Unnumbered paragraph 2 of this section is amended by
adding a reference to section 12C.23A, subsection 3, paragraph "d". 1999
Iowa Acts, ch. 117, made changes relating to public depositories by
splitting out the various provisions that related to banks and to credit
unions. Code section 12C.23 now relates to payment of losses in a credit
union only. Code section 12C.23A contains the identical provisions relating
to payment of losses in a bank.    Code section 13B.4. Subsection 4, the
last unnumbered paragraph, is amended by striking the reference to
"paragraph "d" and inserting the words "paragraph "c" in language relating
to review of action or intended action by the state public defender on
attorney fee claims. Subsection 4 has no paragraph "d".    Code section
13B.8. Subsection 2 is amended by striking the words "a local public
defender" to clarify that the state public defender may both appoint and
remove not only the local public defender but also the other employees
listed in that subsection. Without the change, the state public defender
could only remove those other employees.    Code section 29B.20. Language
relating to whether a military judge was detailed to a trial is added to
provisions establishing the requirements which must be met before a sentence
imposing a dishonorable discharge, discharge under other than honorable
conditions, dismissal, or confinement can be adjudged. The addition of this
language conforms the section to the language in section 819 of article 19
of the military code of justice which is used in these types of military
proceedings and which is otherwise identical to this Code provision.    Code
section 35C.1. Language relating to public employment and appointment
preferences for honorably discharged persons is amended by replacing the
language describing the periods of military service with the phrase
"veterans as defined in section 35.1". 1999 Iowa Acts, ch. 180 made a
multitude of similar changes throughout the Code. In section 1 of that Act,
Code section 35.1 was substantially revised and was made specifically
applicable to, among others, Code chapter 35C. The department of personnel
has adopted rules conforming the definition of veteran for purposes of
determining who is eligible for public employment and appointment
preferences due to military service to the definition contained in Code
section 35.1.    Code section 37.9. Unnumbered paragraph 6 is amended by
making changes relating to the quorum requirements for commissions having
control over memorial hospitals. 1999 Iowa Acts, ch. 36, made changes which
permitted the commissions to consist of seven members, not just five as was
the case previously, but the quorum requirements were not adjusted to
reflect the possibility of increased commission membership.    Code section
46.24. Unnumbered paragraph 2 is amended by adding the phrase "full-time
associate juvenile judge, or full-time associate probate judge", in
provisions relating to the canvassing of the results of a judicial election.
1999 Iowa Acts, ch. 93, section 4, amended the first paragraph of this
section to make an identical amendment, but failed to amend this related
second paragraph.    Code section 91C.8. In subsection 4, the word
"contractor" is substituted for the word "employer" in language relating to
the contesting of citations or proposed assessments of penalties by the
labor commissioner against contractors. The term "employer" is used nowhere
else in Code chapter 91C and the chapter applies to the registration and
regulation of contractors by the labor commissioner.    Code section 123.39.
Subsection 4 is amended by changing the civil penalty applicable to holders
of liquor licenses or permits for first offense violations of Code section
123.49, subsection 2, paragraph "h", which relates to sales of alcohol to
minors, from $300 to $500. In 1998 Iowa Acts, ch. 1204, the civil penalty
applicable to violations of Code section 123.49, subsection 2, paragraph
"h", which is established in Code section 123.50, subsection 3, paragraph
"a", was raised from $300 to $500.    Code section 141A.8. Subsection 7 is
amended by striking the word "care" from the term "health care facility" in
provisions relating to the procedure for obtaining consent to HIV testing in
cases where a significant exposure has occurred on the premises of the
facility. The term "health facility" is defined in Code section 141A.1, and
covers acute care facilities, long-term care facilities, and other types of
facilities and institutions. If the word "care" is not deleted in subsection
7 of this section, the procedure for the obtaining of consent would only
apply to nursing home types of facilities.    Code sections 161D.1 and
161D.3. Subsection 4 of Code section 161D.1 and unnumbered paragraph 1 of
Code section 161D.3 are amended to change the reference to "chapter" to
"subchapter". 1999 Iowa Acts, ch. 119 and 1999 Iowa Acts, ch. 30, both added
new provisions to chapter 161D, necessitating the division of the chapter
into subchapters.    Code section 182.14. Subsection 1 is amended by
striking the word "to" and substituting the word "shall" to clarify that the
sheep and wool promotion board has the authority to set an assessment if
approved by a majority of voters at a referendum.    Code section 184A.6.
Subsection 2 is amended to strike the word "connecting" and insert the word
"conducting" in place of that word to correct a clerical error which
occurred during the drafting process of 1999 Iowa Acts, ch. 158, which
related to the imposition of excise taxes on turkeys.    Code section
235A.18. Subsection 1, paragraph "b", is amended by changing the word
"paragraphs" to "paragraph" and the word "and" to "or". The language relates
to the expunging of child abuse information from the child abuse registry.
The types of child abuse described in Code section 232.68, subsection 2,
paragraphs "c" and "e" are mutually exclusive.    Code section 260G.6. The
words "of economic development" are added after the word "department" to
clarify which department is responsible for the adoption of rules relating
to the allocation of moneys to support program capital costs for the
accelerated career education program. Under Code chapter 260G, the Iowa
economic development board is responsible for approving program capital cost
requests submitted pursuant to an accelerated career education program
agreement.    Code section 317.1. A parenthesis is moved in subsection 1 of
this section which relates to types of primary noxious weeds. When the
language was originally enacted in 1975 Iowa Acts, ch. 169, the parenthesis
was in the correct location, but it was moved to an incorrect location when
the section was codified.    Code section 321.34. The words "motorcycle,
trailer," are added to the list of vehicles the owners of which are eligible
to apply for legion of merit special plates in subsection 15. Other existing
special license plate provisions in this section were amended by 1999 Iowa
Acts, ch. 7, to add these words. Subsection 15 was newly enacted in 1999
Iowa Acts, ch. 180, section 15.    Code section 321.49. In subsection 3, the
comma is moved from after the words "mobile home" to after the words
"manufactured housing". Prior to the addition of the words "manufactured
housing" in 1999 Iowa Acts, ch. 188, section 9, the titling language
modified the words mobile home. 1999 Iowa Acts, ch. 188, added the
manufactured housing into the various sales and use tax and certificate of
title provisions that applied previously only to mobile homes.    Code
section 321.104. The Code section reference for the penalty applicable to
penal offenses against the motor vehicle title law is changed to refer to
Code section 805.8, the scheduled violations provisions, instead of the
general penalty provision for Code chapter 321 violations, Code section
321.482. The penalties applicable under Code section 321.482 are the
penalties applicable to a simple misdemeanor, which are confinement for no
more than 30 days or a fine of at least $50 but not more than $500, or both.
Under Code section 805.8, subsection 12, a $50 fine only is specified for
these types of offenses.    Code sections 322.27, 322.30, 322C.8, and
322C.9. These Code sections are amended to delete language pertaining to
distributor and factory branches and representatives. The licensing of these
types of entities was repealed by 1997 Iowa Acts, ch. 108.    Code section
403A.22. The order of the words "or" and "of" are reversed, a comma is added
between the two words, and a comma is added after the words "control by" in
language relating to whether stock ownership constitutes a prohibited
personal interest in a municipal housing project or property included or to
be included in a municipal housing project by a public official or employee
of a municipality. As amended the phrase would read "shall not be deemed an
interest of, or ownership or control by, the person owning".    Code section
427A.12. In subsection 3, language relating to a certification of the amount
of the personal property tax replacement base for each taxing district by
the director of revenue is deleted. That certification is no longer made. In
subsection 4, the reference to the department of management is changed to
the department of revenue and finance. The adjustment function in the
personal property tax replacement base is now the responsibility of the
department of revenue and finance. Subsections 5, 6, and 7 are stricken. All
of the events to which these sections relate have already occurred and the
sections no longer apply.    Code section 455B.165. The word "maximum
pressure" in subsection 7, paragraph "d", subparagraph (2), is substituted
for the word "rate" in provisions relating to the dispersing of manure
through spray irrigation equipment orifices to clarify that it is the
pressure at which the manure is being dispersed which is referred to, and
not the spread rate, meaning weight or volume.    Code section 456A.20. The
words "received from the sales" is replaced with the word "sold" in language
relating to the portion of the amounts received from the sales of various
types of trees and shrubs which must be deposited into the forestry
management and enhancement fund.    Code section 481C.3. This section is
amended to delete references to use of funds to meet the requirements of
Code section 483A.30. Code section 483A.30 was repealed effective December
31, 1999, by 1997 Iowa Acts, ch. 180, section 7.    Code section 572.23. The
last sentence in subsection 2, which relates to the methods of causing a
mechanics lien which has been satisfied to be cancelled or forfeited, is
amended to provide that it is the demand and required attachments which are
to be filed with the clerk of the district court and subsequently mailed by
the clerk to both parties affected by a mechanic's lien. This language was
added by 1999 Iowa Acts, ch. 79, section 1. In section 3 of the same Act,
however, language which was previously identical to this language was
amended in the same manner as the amendments made in this section. Since the
forfeiture results from the filing of the demand and, unlike the demand, is
not a document that can be filed, the amendment to this section appears to
be an inadvertent omission.    Code section 579B.4. Subsection 3 is amended
to strike the phrase "a lien created under this section", and substitute in
lieu thereof the phrase "a lien created under section 579B.3". The lien is
actually created under Code section 579B.3, not Code section 579B.4.    Code
section 598B.204. Subsection 4 is amended in provisions relating to
temporary emergency jurisdiction of courts of this state in child-custody
matters, by striking the word "or" in the phrase "court or another state
under a statute" and substituting in lieu thereof the word "of" so that the
phrase reads "court of another state under a statute". This change corrects
a typographical error made when the section was enacted in 1999 Iowa Acts,
ch. 103, section 16, and conforms the phrase to the usage in the rest of the
section.    Code section 598B.308. In subsection 4, paragraph "a", the word
"all" is stricken and the word "any" is substituted. The section relates to
the listing in an order for hearing in a child-custody proceeding of the
circumstances which must be demonstrated by a respondent to prevent the
hearing from going forward. The circumstances listed in subparagraphs (1),
(2), and (3) of this paragraph are mutually exclusive and could never be
shown to all apply.    Code section 633.20A. The words "part-time" are added
before the words associate probate judge in provisions relating to the
appointment, removal, and qualification of part-time associate probate
judges. The phrase "part-time" was partially amended into this section in
1999, by 1999 Iowa Acts, ch. 93, section 12.    Code sections 637.423 and
637.424. These sections are amended by changing the year in references to
July 1, 1999, so that the references refer to July 1, 2000. The provisions
of Code chapter 637 which were enacted in 1999 Iowa Acts, ch. 124, apply,
generally, effective July 1, 2000. These provisions, if not changed, would
apply before the changes which correspond to these provisions take effect.
Code section 692.15. Subsection 3 is amended in provisions relating to the
fingerprinting of adults and juveniles by adding the words "or taking into
custody" after the phrase "fill out a final disposition report on each
arrest". From the last sentence in the subsection, it is apparent that final
disposition reports are to be filled out on both arrests and the taking of
juveniles into custody.    Code section 805.10. This section, which relates
to situations in which a court appearance is required on a scheduled
violation, is amended by moving language in current subsection 3 to a
position immediately after current subsection 2 and renumbering and
relettering the entire section. Subsection 3 was added as a new subsection
by 1990 Iowa Acts, ch. 1216, section 5. Prior to the codification of the
addition of that subsection, the language which describes what a defendant
who has been charged with a scheduled violation must do and what procedures
apply, and is contained in current unnumbered paragraph 2 of subsection 2,
applied to both of the situations which are described in subsections 1 and 2
of this section. 1990 Iowa Acts, ch. 1216, section 5, contains no language
which would require a change in the procedures and requirements applicable
to these types of scheduled violations, but merely added an additional
exception to the list.    Code section 805.11. This section is amended to
change an internal reference to Code section 805.10 to reflect the changes
in internal numbering made in Code section 805.10 in the bill.    Code
section 904.809. The words "of the inmate" are added to language relating to
the deduction of amounts from an inmate's general account for legal and
administrative financial obligations to clarify that it is the inmate's
obligations for which the deductions are to be made.    Code section
29B.116. The word "rape" is stricken in this section of the military code,
which references Iowa criminal law applicable to civilians, and is replaced
with the word "sexual abuse". Rape was eliminated as a crime and replaced
with the crime of sexual abuse in the criminal code revisions of 1978
applicable to civilians.    1999 Iowa Acts, ch. 13. Subsection 8 of Code
section 29 of this Act is amended to clarify that Code section 321.21, not
Code section 321.1, was to be repealed effective upon enactment of the Act.
Section 28 of this 1999 Iowa Acts contains, among others, the repeal of Code
section 321.21. The amendment contained in this section takes effect upon
enactment and applies retroactively to April 7, 1999.    1999 Iowa Acts, ch.
55. Section 5 of this section is amended by adding the words "Code 1999" to
clarify that the limitation which applies through June 30, 1999, was the
limitation which existed in Code 1999 prior to enactment of this 1999 Iowa
Act, which takes effect July 1, 1999. The amendment contained in this
section takes effect upon enactment and applies retroactively to April 23,
1999.    1999 Iowa Acts, ch. 131. Section 3 is amended by striking the
phrase "all claims of exemption under this section" and inserting in lieu
thereof the phrase "all claims of exemption under this Act", in order to
apply the effective date provision to the substantive part of the Act. The
amendment contained in this section takes effect upon enactment and applies
retroactively to May 17, 1999.

(Formerly SSB 3014). Introduced by Senate Judiciary Committee, and placed on
the Senate Calendar with committee amendment S-5007 filed, 2/7/00. S.J. 217.

S.F. 2114
A bill for an act relating to land restoration requirements for interstate
natural gas pipeline construction projects.

EXPLANATION    This bill removes the requirement that the land restoration
provisions of Code section 479A.14 shall not apply to interstate natural gas
pipeline construction projects that have received a certificate from the
federal energy regulatory commission prior to June 1, 1999.

(Formerly SSB 3080). Introduced by Senate Natural Resources and Environment
Committee. Placed on the Senate Calendar 2/9/00.

S.F. 2194
A bill for an act relating to the vacation of roads and road rights-of-way.

EXPLANATION    This bill provides that the agency which has jurisdiction
over a road may vacate a road right-of-way held by easement without a public
hearing if the vacation will not change the existing traveled portion of the
road or deny access to the road by adjoining landowners.    The bill also
eliminates a requirement that an agency holding a hearing on the vacation of
a road, part of a road, or railroad crossing within its jurisdiction notify
by regular mail all property owners located outside the boundary of a city
who own 10 or more acres of land within one mile of the road. The public
notice requirements and the notice requirements for adjoining landowners
remain in place.

(Formerly SSB 3132). Introduced by Senate Transportation Committee. Placed
on the Senate Calendar 2/16/00.

S.F. 2201
A bill for an act relating to the distress criteria of the enterprise zone
program and providing an effective date.      .

EXPLANATION    This bill amends the enterprise zone program administered by
the department of economic development.    The bill provides that an
enterprise zone may be designated by a county which is contiguous to at
least five counties in which an enterprise zone may be designated by a
county or a city. Counties which meet only at the points of adjoining
corners are not contiguous.    The bill takes effect upon enactment.

Introduced by Sen. Boettger, referred to Senate Small Business, Econ. Dev.
and Tourism Committee and assigned to a subcommittee of Sens. Boettger,
Judge and Tinsman. Placed on the Senate Calendar 2/22/2000.

S.F. 2240
A bill for an act relating to the creation of a water quality district,
providing for the levy of a tax, and providing for other properly related
matters.     .

EXPLANATION    This bill provides for the creation of a water quality
district. This bill amends Code chapter 357E which provides for the creation
of a benefited recreational lake district. The procedures for creating the
water quality district are the same that are used for creating the benefited
recreational lake district. The bill provides for the creation of a separate
district or a combined district.    The water quality district may carry out
activities including public information, grass waterways, wetlands,
dredging, bank stabilization, water treatment, water monitoring, watershed
protection, activities outside of a district which affect water quality
within the district, and other activities which will improve water quality
of a stream, river, or lake. A petition requesting the creation of a water
quality district requires the signatures of the fewer of 25 property owners
or 25 percent of the property owners of the proposed district. After two
public hearings and an engineer's report, the board of supervisors may call
an election to approve an annual tax levy not to exceed 25 cents per
thousand dollars of the assessed value of all taxable property in the
district except property assessed as agricultural land. Agricultural land
cannot be taxed for purposes of a water quality district. Three trustees are
also elected to manage and control the affairs of the district. The water
quality district will have the same authority to issue anticipatory bonds,
add territory, or dissolve as a benefited recreational lake district.

(Formerly SSB 3090) Introduced by Senate Natural Resources and Environment
Committee. Placed on the Senate Calendar 2/22/2000.

S.F. 2298
A bill for an act to permit certain gifts associated with a legislative
group event and to raise the maximum value of nonmonetary items that may be
received by a member of the general assembly and by public officials, public
employees, and candidates, or by members of the immediate family of public
officials, public employees, or candidates.

EXPLANATION    This bill raises the maximum value of nonmonetary items from
$3 to $5 that public officials, public employees, candidates, or members of
the immediate family of public officials, public employees, or candidates
may receive from any one donor during one calendar day.    The bill allows
public officials, public employees, candidates, or members of the immediate
family of such people to receive items and services at a group event if all
the members of the general assembly are invited to the group event and the
computed value of the items or services received by the anticipated number
of invitees does not exceed $15 per invitee.    The bill raises the maximum
value of food, beverages, registration, or scheduled entertainment from $3
to $5 that may be received by a member of the general assembly from an
organization or association which has as one of its purposes the
encouragement of the passage, defeat, introduction, or modification of
legislation.    (Formerly S.F. 2228).

Introduced by Sens. Szymoniak and Dearden, referred to Senate State
Government Committee and assigned to a subcommittee of Sens. Dearden,
Rittmer and Szymoniak. Placed on the Senate Calendar 2/23/2000.

S.F. 2299
A bill for an act relating to the state list of endangered and threatened
fish, plants, and wildlife.     .

EXPLANATION    This bill requires the department of natural resources to
submit a report to the general assembly by December 15, 2000, relating to
endangered and threatened fish, plants, and wildlife. The bill provides that
the report shall include a description of the methodology employed by the
department in compiling the state list and shall include a list of any fish,
plants, and wildlife currently included on the state list.

(Formerly SF 2100) Introduced by Senate Natural Resources and Environment
Committee. Placed on the Senate Calendar 2/23/2000.

S.F. 2300
A bill for an act relating to interference with lawful hunting, fishing, or
fur harvesting and providing a penalty.     .

EXPLANATION    This bill prohibits a person from interfering with the lawful
hunting, fishing, or fur-harvesting activities of another person.
Interference includes intentionally placing oneself in a location where a
human presence may affect the behavior of a game animal, bird, or fish or
the feasibility of killing or taking a game animal, bird, or fish with the
intent of obstructing or harassing another person who is lawfully hunting,
fishing, or fur harvesting; intentionally creating a visual, aural,
olfactory, or physical stimulus for the purpose of affecting the behavior of
a game animal, bird, or fish with intent of obstructing or harassing another
person who is acting lawfully; and intentionally affecting the condition or
altering the placement of personal property used for the purpose of taking a
game animal, bird, or fish.    The bill also specifies that a first offense
of interfering with lawful hunting, fishing, or fur harvesting is punishable
as a simple misdemeanor and a second or subsequent offense is punishable as
a serious misdemeanor. A simple misdemeanor is punishable by a fine of at
least $50 but not more than $500, imprisonment for not more than 30 days, or
both. A serious misdemeanor is punishable by a fine of at least $250 but not
more than $1,500, imprisonment for not more than one year, or both.    The
bill does not apply to the normal agricultural operations or activities of
landowners, tenants, or employees of landowners or tenants or to the
activities of law enforcement officers.

(Formerly SF 2094) Introduced by Senate Natural Resources and Environment
Committee. Placed on the Senate Calendar 2/23/2000.

S.F. 2311
A bill for an act removing rulemaking requirements for the special waste
authorization program.

EXPLANATION    This bill amends Code section 455B.304 to strike a
requirement that the environmental protection commission adopt rules for a
special waste authorization program.

(Formerly SSB 3124) Introduced by Senate Natural Resources and Environment
Committee. Placed on the Senate Calendar 2/24/2000.

S.F. 2326
A bill for an act relating to funding of certain household hazardous
material collection efforts and events.

EXPLANATION    This bill amends Code section 455E.11 to allow for funding of
efforts to support permanent household hazardous material collection systems
and special events for household hazardous material collection.

(Formerly SSB 3084) Introduced by Senate Natural Resources and Environment
Committee. Placed on the Senate Calendar 2/24/2000.

SCR 101
A concurrent resolution to request a United States Corps of Engineers' study
of the lower Des Moines River.

Introduced by Sen. Miller, referred to Senate Natural Resources and
Environment Committee and assigned to a subcommittee of Sens. Miller, Lundby
and Rife, 1/10/00. Placed on the Senate Calendar 1/27/00. Resolution
adopted, 2/1/00. S.J. 147. Immediately messaged to the House. Laid over
under Rule 25. H.J. 158. Resolution adopted, 2/8/00, and immediately message
to the Senate. H.J. 237.

____________________________________________
Lyle Krewson
6403 Aurora Avenue #3
Des Moines, IA 50322-2862

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