Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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SF 446

Senate File 446 - Introduced
SENATE FILE

BY COMMITTEE ON JUDICIARY


(SUCCESSOR TO SSB 1277)
(COMPANION TO LSB 2129HV BY

COMMITTEE ON JUDICIARY)

Passed Senate, Date Passed House, Date

Vote: Ayes Nays Vote: Ayes Nays

Approved
A BILL FOR
1 An Act relating to nonsubstantive Code corrections and providing

2 effective dates and for retroactive applicability.

3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

4 TLSB 2129SV 83

5 lh/rj/5

Senate File 446 - Introduced continued


PAG LIN

1 1 DIVISION I

1 2 MISCELLANEOUS CHANGES

1 3 Section 1. Section 1.1, Code 2009, is amended to read as

1 4 follows:

1 5 1.1 STATE BOUNDARIES.

1 6 The boundaries of the state are as defined in the preamble

1 7 of the Constitution of the State of Iowa.

1 8 Sec. 2. Section 2.32A, subsection 1, Code 2009, is amended

1 9 to read as follows:

1 10 1. A member of the general assembly who is charged with

1 11 making an appointment to a statutory board, commission,

1 12 council, or committee shall make the appointment prior to the

1 13 fourth Monday in January of the first regular session of each

1 14 general assembly and in accordance with section 69.16B. If

1 15 multiple appointing members are charged with making

1 16 appointments of public members to the same board, commission,

1 17 council, or committee, including as provided in section

1 18 333A.2, the appointing members shall consult with one another

1 19 in making the appointments. If the senate appointing member

1 20 for a legislative appointment is the president, majority

1 21 leader, or the minority leader, the appointing authority

1 22 member shall consult with the other two leaders in making the

1 23 appointment. If the house of representatives appointing

1 24 member is the speaker, majority leader, or minority leader,

1 25 the appointing member shall consult with the other two leaders

1 26 in making the appointment.

1 27 Sec. 3. Section 7C.13, subsection 2, Code 2009, is amended

1 28 to read as follows:

1 29 2. ANNUAL REPORT AND AUDIT. The qualified student loan

1 30 bond issuer shall submit an annual report to the governor,

1 31 general assembly, and the auditor of state by January 15

1 32 setting forth its operations and activities conducted and

1 33 newly implemented in the previous fiscal year related to use

1 34 of the allocation of the state ceiling in accordance with this

1 35 chapter and the outlook for the future. The report shall

Senate File 446 - Introduced continued
2 1 describe how the operations and activities serve students and

2 2 parents. The annual audit of the qualified student loan bond

2 3 issuer shall be filed with the office of auditor of state.

2 4 Sec. 4. Section 7E.5, subsection 1, paragraph s, Code

2 5 2009, is amended to read as follows:

2 6 s. The department of human rights, created in section

2 7 216A.1, which has primary responsibility for services relating

2 8 to Latino persons, women, persons with disabilities, community

2 9 action agencies, criminal and juvenile justice planning, the

2 10 status of African=Americans African Americans, deaf and

2 11 hard=of=hearing persons, status of Iowans persons of Asian and

2 12 Pacific Islander heritage, and Native=Americans Native

2 13 Americans.

2 14 Sec. 5. Section 8.6, subsection 9, unnumbered paragraph 1,

2 15 Code 2009, is amended to read as follows:

2 16 BUDGET REPORT. The director shall To prepare and file in

2 17 the department of management, on or before the first day of

2 18 December of each year, a state budget report, which shall show

2 19 in detail the following:

2 20 Sec. 6. Section 8.11, subsection 2, paragraph b, Code

2 21 2009, is amended to read as follows:

2 22 b. "Minority persons" includes individuals who are women,

2 23 persons with a disability, Blacks African Americans, Latinos,

2 24 Asians or Pacific Islanders, American Indians, and Alaskan

2 25 Native Americans.

2 26 Sec. 7. Section 9D.3, subsection 4, paragraph a, Code

2 27 2009, is amended to read as follows:

2 28 a. File with the secretary proof of professional liability

2 29 and errors and omissions insurance in an amount of at least

2 30 one million dollars annually.

2 31 Sec. 8. Section 9G.7, Code 2009, is amended to read as

2 32 follows:

2 33 9G.7 CORRECTIONS.

2 34 The secretary of state is authorized and required to

2 35 correct all clerical errors of the secretary's office in name
Senate File 446 - Introduced continued
3 1 of grantee and description of tract of land conveyed by the

3 2 state, found upon the records of such office; the. The

3 3 secretary shall attach an official certificate to each

3 4 conveyance so corrected, giving the reasons therefor; record

3 5 the same with the record of the original conveyance, and make

3 6 the necessary corrections in the tract and plat books of the

3 7 secretary's office. Such corrections, when made in accordance

3 8 with the foregoing provisions this section, shall have the

3 9 force and effect of a deed originally correct, subject to

3 10 prior rights accrued without notice.

3 11 Sec. 9. Section 9H.4, subsection 1, paragraph b,

3 12 subparagraph (3), subparagraph division (a), unnumbered

3 13 paragraph 1 and subparagraph subdivisions (i) and (iv), Code

3 14 2009, are amended to read as follows:

3 15 The agricultural land is used by a corporation or limited

3 16 liability company, including any trade or business which is

3 17 under common control, as provided in 26 U.S.C. } 414 for the

3 18 primary purpose of testing, developing, or producing animals

3 19 for sale or resale to farmers as breeding stock. However,

3 20 after July 1, 1989, to qualify under this subparagraph

3 21 subdivision division, the following conditions must be

3 22 satisfied:

3 23 (i) The corporation or limited liability company must not

3 24 hold the agricultural land other than as a lessee. The term

3 25 of the lease must be for not more than twelve years. The

3 26 corporation or limited liability company shall not renew a

3 27 lease. The corporation or limited liability company shall not

3 28 enter into a lease under this subparagraph subdivision part,

3 29 if the corporation or limited liability company has ever

3 30 entered into another lease under this subparagraph (3),

3 31 whether or not the lease is in effect. However, this

3 32 subparagraph does not apply to a domestic corporation

3 33 organized under chapter 504, Code 1989, or current chapter

3 34 504.

3 35 (iv) The corporation or limited liability company must
Senate File 446 - Introduced continued
4 1 deliver a copy of the lease to the secretary of state. The

4 2 secretary of state shall notify the lessee of receipt of the

4 3 copy of the lease. However, this subparagraph subdivision

4 4 division does not apply to a domestic corporation organized

4 5 under chapter 504, Code 1989, or current chapter 504.

4 6 Sec. 10. Section 12A.7, subsections 1, 2, and 7, Code

4 7 2009, are amended to read as follows:

4 8 1. Pledging Pledges or assigning assignments of the

4 9 revenue of a project with respect to which the bonds are to be

4 10 issued or the revenue of other property or facilities.

4 11 2. Setting The setting aside of reserves or sinking funds,

4 12 and their regulation, investment, and disposition.

4 13 7. Defining Definitions of the acts or omissions to act

4 14 which constitute a default in the duties of the issuer to

4 15 holders of bonds, specifying any rights and remedies of the

4 16 holders in the event of a default, and restricting the

4 17 individual right of action by holders.

4 18 Sec. 11. Section 15.102, subsection 7, paragraph b,

4 19 subparagraph (3), Code 2009, is amended to read as follows:

4 20 (3) "Minority person" means an individual who is a Black

4 21 an African American, Latino, Asian or Pacific Islander,

4 22 American Indian, or Alaskan native American.

4 23 Sec. 12. Section 15.247, subsection 8, paragraph b,

4 24 subparagraph (2), Code 2009, is amended to read as follows:

4 25 (2) Black African American.

4 26 Sec. 13. Section 15.316, Code 2009, is amended to read as

4 27 follows:

4 28 15.316 PURPOSE.

4 29 The purpose of this program part is to assist communities

4 30 and rural areas of the state with their economic development

4 31 efforts and to increase employment opportunities for Iowans by

4 32 increasing the level of economic activity and development

4 33 within the state.

4 34 Sec. 14. Section 15.317, subsection 1, unnumbered

4 35 paragraph 1, Code 2009, is amended to read as follows:

Senate File 446 - Introduced continued
5 1 The department shall establish a community economic

5 2 betterment program to effectuate the purposes of this part by

5 3 providing financial assistance for small business gap

5 4 financing, new business opportunities, and new product and

5 5 entrepreneurial development. These purposes may be

5 6 accomplished by providing the following types of assistance:

5 7 Sec. 15. Section 15.339, subsection 2, Code 2009, is

5 8 amended to read as follows:

5 9 2. The department shall establish a an entrepreneurial


5 10 ventures assistance program to provide financial and technical

5 11 assistance to early=stage industry companies and

5 12 entrepreneurs. The purpose of the program is to encourage the

5 13 development of entrepreneurial venture planning and managerial

5 14 skills in conjunction with the delivery of a financial

5 15 assistance program for business start=ups and expansions. An

5 16 applicant eligible for the program includes an individual who

5 17 is participating in or has successfully completed a recognized

5 18 entrepreneurial venture development curriculum, or a business

5 19 whose principal participants have successfully completed a

5 20 recognized entrepreneurial venture development curriculum.

5 21 Sec. 16. Section 15E.63, subsection 2, Code 2009, is

5 22 amended to read as follows:

5 23 2. The board shall consist of five voting members and four

5 24 nonvoting advisory members who are members of the general

5 25 assembly. Members shall be selected based upon demonstrated


5 26 expertise and competence in the supervision of investment

5 27 managers, in the fiduciary management of investment funds, or

5 28 in the management and administration of tax credit allocation

5 29 programs. Members shall not have an interest in any person to

5 30 whom a tax credit is allocated and issued by the board.

5 31 a. The five voting members shall be appointed by the

5 32 governor and confirmed by the senate pursuant to section 2.32.

5 33 The five voting members shall be appointed to five=year



5 34 staggered terms that shall be structured to allow the term of

5 35 one member to expire each year. One nonvoting member shall be
Senate File 446 - Introduced continued

6 1 appointed by the majority leader of the senate after

6 2 consultation with the president of the senate and one

6 3 nonvoting member shall be appointed by the minority leader of

6 4 the senate. One nonvoting member shall be appointed by the

6 5 speaker of the house of representatives after consultation

6 6 with the majority leader of the house of representatives and

6 7 one nonvoting member shall be appointed by the minority leader

6 8 of the house of representatives.

6 9 b. The five voting members shall be appointed to five=year


6 10 staggered terms that shall be structured to allow the term of

6 11 one member to expire each year. The nonvoting members shall

6 12 serve terms as provided in section 69.16B. Vacancies shall be

6 13 filled in the same manner as the appointment of the original

6 14 members.

6 15 c. Members shall be compensated by the board for direct

6 16 expenses and mileage but members shall not receive a

6 17 director's fee, per diem, or salary for service on the board.

6 18 Members shall be selected based upon demonstrated expertise



6 19 and competence in the supervision of investment managers, in

6 20 the fiduciary management of investment funds, or in the

6 21 management and administration of tax credit allocation

6 22 programs. Members shall not have an interest in any person to

6 23 whom a tax credit is allocated and issued by the board.

6 24 Sec. 17. Section 15G.201A, Code 2009, is amended to read

6 25 as follows:

6 26 15G.201A CLASSIFICATION OF RENEWABLE FUEL.

6 27 For purposes of this division subchapter, ethanol blended

6 28 fuel and biodiesel fuel shall be classified in the same manner

6 29 as provided in section 214A.2.

6 30 Sec. 18. Section 15G.205, subsection 3, Code 2009, is

6 31 amended to read as follows:

6 32 3. Moneys in the renewable fuel infrastructure fund are

6 33 appropriated to the department exclusively to support and

6 34 market the renewable fuel infrastructure programs as provided

6 35 in sections 15G.203 and 15G.204, and as allocated in financial
Senate File 446 - Introduced continued
7 1 incentives by the renewable fuel infrastructure board created

7 2 in section 15G.202. Up to fifty thousand dollars shall be

7 3 allocated each fiscal year to the department to support the

7 4 administration of the programs. The department may use up to

7 5 one and one=half percent of the program funds to market the

7 6 program programs. Otherwise the moneys shall not be

7 7 transferred, used, obligated, appropriated, or otherwise

7 8 encumbered except to allocate as financial incentives under

7 9 the programs.

7 10 Sec. 19. Section 16.5, subsection 1, paragraph f, Code

7 11 2009, is amended to read as follows:

7 12 f. By rule, the authority shall adopt procedures relating

7 13 to competitive bidding, including the identification of those

7 14 circumstances under which competitive bidding by the

7 15 authority, either formally or informally, shall be required.

7 16 In any bidding process, the authority may administer its own

7 17 bidding and procurement or may utilize the services of the

7 18 department of administrative services or any other agency.

7 19 Except when such rules apply, the authority and all contracts

7 20 made by it in carrying out its public and essential

7 21 governmental functions with respect to any of its programs

7 22 shall be exempt from the provisions and requirements of all

7 23 laws or rules of the state which require competitive bids in

7 24 connection with the letting of such contracts.

7 25 Sec. 20. Section 16.100A, subsection 6, paragraph b, Code

7 26 2009, is amended to read as follows:

7 27 b. The council shall elect a chairperson and vice

7 28 chairperson from the membership of the council. The

7 29 chairperson and vice chairperson shall each serve two=year

7 30 terms. The positions of chairperson and vice chairperson

7 31 shall not both be held by members who are both either general

7 32 public members or agency directors. The position of

7 33 chairperson shall rotate between agency director members and

7 34 general public members.

7 35 Sec. 21. Section 23A.2, subsection 10, paragraph e, Code
Senate File 446 - Introduced continued
8 1 2009, is amended to read as follows:

8 2 e. The operation of a county enterprise, as defined in

8 3 section 331.461, subsection 1, or 331.461, subsection 2.

8 4 Sec. 22. Section 29A.33, Code 2009, is amended to read as

8 5 follows:

8 6 29A.33 PER CAPITA ALLOWANCE TO UNIT.

8 7 Each unit of the national guard showing attendance and

8 8 actual drill of those present for such drills as are

8 9 prescribed in compliance with the National Defense Act or its

8 10 amendments and such regulations as prescribed by the secretary

8 11 of defense, shall receive an annual allowance for military

8 12 purposes, in the sum of five dollars per capita, to be paid in

8 13 semiannual installments on the basis of two dollars and fifty

8 14 cents per capita. For the purpose of computing each

8 15 semiannual installment the per capita strength shall be the

8 16 average enlisted strength of the unit, for that semiannual

8 17 period,; however, if the average attendance of any unit during

8 18 any semiannual period falls below fifty percent of the average

8 19 enlisted strength of such unit in that period, the allowance

8 20 shall not be paid for that period. The semiannual periods

8 21 shall begin January 1 and July 1. The allowance shall be paid

8 22 from the funds appropriated for the support and maintenance of

8 23 the national guard, and the adjutant general shall prescribe

8 24 regulations requiring an itemized statement of the allowance

8 25 and governing its expenditure. The allowance shall be used

8 26 for morale purposes and for the welfare of the troops. The

8 27 allowance shall not be used to purchase an alcoholic beverage

8 28 or beer.

8 29 Sec. 23. Section 29B.17, Code 2009, is amended to read as

8 30 follows:

8 31 29B.17 JURISDICTION OF GENERAL COURTS=MARTIAL.

8 32 Subject to section 29B.16, general courts=martial have

8 33 jurisdiction to try persons subject to this code for any

8 34 offense made punishable by this code and may, under such

8 35 limitations as the adjutant general may prescribe, adjudge any

Senate File 446 - Introduced continued
9 1 one or a combination of the following punishments:

9 2 1. A fine of not more than five thousand dollars;.

9 3 2. Forfeiture of not more than twenty days' pay and

9 4 allowances;.

9 5 3. A reprimand;.

9 6 4. Dismissal or dishonorable discharge;.

9 7 5. Reduction of a noncommissioned officer to the ranks;

9 8 or.

9 9 6. Any combination of these punishments.

9 10 Sec. 24. Section 48A.27, subsection 2, paragraph b, Code

9 11 2009, is amended to read as follows:

9 12 b. If a registered voter submits a change of name,

9 13 telephone number, or address under this subsection, the

9 14 commissioner shall not change the political party or nonparty

9 15 political organization affiliation in the registered voter's

9 16 prior registration other than that unless otherwise indicated

9 17 by the registered voter.

9 18 Sec. 25. Section 49.13, subsection 5, paragraph a,

9 19 subparagraph (3), Code 2009, is amended to read as follows:

9 20 (3) Receive credit in at least four subjects, each of one

9 21 period or hour, or the equivalent thereof, at all times. The

9 22 eligible subjects are language arts, social studies,

9 23 mathematics, science, health, physical education, fine arts,

9 24 foreign language, and vocational education. Coursework taken

9 25 as a postsecondary enrollment option for which a school

9 26 district or accredited nonpublic school grants academic credit

9 27 toward high school graduation shall be used in determining

9 28 eligibility. A student shall not be denied eligibility if the

9 29 student's school program deviates from the traditional

9 30 two=semester school year. Each student wishing to participate

9 31 under this subsection shall be passing all coursework for

9 32 which credit is given and shall be making adequate progress

9 33 toward graduation requirements at the end of each grading

9 34 period. At the end of a grading period that is the final

9 35 grading period in a school year, a student who receives a


Senate File 446 - Introduced continued
10 1 failing grade in any course for which credit is awarded is

10 2 ineligible to participate under this subsection. A student

10 3 who is eligible at the close of a semester is academically

10 4 eligible to participate under this subsection until the

10 5 beginning of the subsequent semester. A student with a

10 6 disability who has an individualized education program shall

10 7 not be denied eligibility to participate under this subsection

10 8 on the basis of scholarship if the student is making adequate

10 9 progress, as determined by school officials, towards the goals

10 10 and objectives on of the student's individualized education

10 11 program.

10 12 Sec. 26. Section 50.29, Code 2009, is amended to read as

10 13 follows:

10 14 50.29 CERTIFICATE OF ELECTION.

10 15 1. When any person is thus declared elected, there shall

10 16 be delivered to that person a certificate of election, under

10 17 the official seal of the county, in substance as follows:

10 18 STATE OF IOWA )

10 19 ........ County. )

10 20 At an election held in said county on the ... day

10 21 of ....., A.D. (month) ... (year), ...... (candidate's name)

10 22 was elected to the office of ...... for the term of ...

10 23 years from the ... day of ....., A.D. (month) ... (or if (year)

10 24 [if elected to fill a vacancy, for the residue of the term




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