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



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92 35 district in the area by the electors of the respective


Senate File 446 - Introduced continued
93 1 district. Members of the board shall be residents of the

93 2 district from which elected. Successors shall be chosen at

93 3 the regular school elections for members whose terms expire.

93 4 The term of a member of the board of directors is four years

93 5 and commences at the organization organizational meeting.

93 6 Vacancies on the board shall be filled at the next regular

93 7 meeting of the board by appointment by the remaining members

93 8 of the board. A member so chosen shall be a resident of the

93 9 district in which the vacancy occurred and shall serve until a

93 10 member is elected pursuant to section 69.12 to fill the

93 11 vacancy for the balance of the unexpired term. A vacancy is

93 12 defined in section 277.29. A member shall not serve on the

93 13 board of directors who is a member of a board of directors of

93 14 a local school district or a member of an area education

93 15 agency board.

93 16 Sec. 102. Section 260C.29, subsection 6, Code 2009, is

93 17 amended to read as follows:

93 18 6. For purposes of this section, "minority person" means a

93 19 person who is Black African American, Hispanic, Asian, or a

93 20 Pacific Islander, American Indian, or an Alaskan Native

93 21 American.

93 22 Sec. 103. Section 261.102, subsection 5, Code 2009, is

93 23 amended to read as follows:

93 24 5. "Minority person" means an individual who is black

93 25 African American, Hispanic, Asian, or a Pacific islander,

93 26 American Indian, or an Alaskan Native American.

93 27 Sec. 104. Section 261D.3, subsection 3, Code 2009, is

93 28 amended to read as follows:

93 29 3. Nonlegislative members shall serve two=year terms

93 30 except as otherwise provided under the terms of the compact.

93 31 Legislative members shall serve two=year terms as provided in

93 32 section 69.16B. Nonlegislative members shall serve without

93 33 compensation, but shall receive their actual and necessary

93 34 expenses and travel. Legislative members shall receive actual

93 35 and necessary expenses pursuant to sections 2.10 and 2.12.
Senate File 446 - Introduced continued
94 1 Vacancies on the commission shall be filled for the unexpired

94 2 portion of the term in the same manner as the original

94 3 appointments. If a legislative member ceases to be a member

94 4 of the general assembly, the legislative member shall no

94 5 longer serve as a member of the commission.

94 6 Sec. 105. Section 261E.7, subsection 2, Code 2009, is

94 7 amended to read as follows:

94 8 2. A student participating in the postsecondary enrollment

94 9 options act program is not eligible to enroll on a full=time

94 10 basis in an eligible postsecondary institution. A student

94 11 enrolled on such a full=time basis shall not receive any

94 12 payments under this section.

94 13 Sec. 106. Section 261F.1, subsection 5, paragraph n, Code

94 14 2009, is amended to read as follows:

94 15 n. Other services as identified and approved by the

94 16 attorney general through a public announcement, such as a

94 17 notice on the attorney general's website internet site.

94 18 Sec. 107. Section 272D.1, subsection 1, Code 2009, is

94 19 amended to read as follows:

94 20 1. "Certificate of noncompliance" means a document

94 21 provided by the unit certifying that the named person has

94 22 outstanding liability placed with the unit and has not entered

94 23 into an approved payment plan to pay the liability.

94 24 Sec. 108. Section 273.8, subsection 4, Code 2009, is

94 25 amended to read as follows:

94 26 4. ORGANIZATION.

94 27 a. The board of directors of each area education agency

94 28 shall meet and organize at the first regular meeting in

94 29 October following the regular school election at a suitable

94 30 place designated by the president. Directors whose terms

94 31 commence at the organization organizational meeting shall

94 32 qualify by taking the oath of office required by section

94 33 277.28 at or before the organization organizational meeting.

94 34 b. The provisions of section 260C.12 relating to

94 35 organization, officers, appointment of secretary and
Senate File 446 - Introduced continued
95 1 treasurer, and meetings of the merged area board apply to the

95 2 area education agency board.

95 3 Sec. 109. Section 285.1, subsection 1, paragraph c, Code

95 4 2009, is amended to read as follows:

95 5 c. Children attending prekindergarten programs offered or

95 6 sponsored by the district or nonpublic school and approved by

95 7 the department of education or department of human services or

95 8 children participating in preschool in an approved local

95 9 program under chapter 256C may be provided transportation

95 10 services. However, transportation services provided to

95 11 nonpublic school children are not eligible for reimbursement

95 12 under this chapter.

95 13 Sec. 110. Section 297.11, Code 2009, is amended to read as

95 14 follows:

95 15 297.11 USE FORBIDDEN.

95 16 If the voters of such district at a regular election forbid

95 17 such the use of any such schoolhouse or grounds, the board

95 18 shall not permit such that use until the action of such the

95 19 voters is rescinded by the voters at an election held on a

95 20 date specified in section 39.2, subsection 4, paragraph "c".

95 21 Sec. 111. Section 314.14, subsection 1, paragraph c,

95 22 unnumbered paragraph 1, Code 2009, is amended to read as

95 23 follows:

95 24 "Socially and economically disadvantaged individuals" means

95 25 those individuals who are citizens of the United States or who

95 26 are lawfully admitted permanent residents and who are Black

95 27 African Americans, Hispanic Americans, Native Americans,

95 28 Asian=Pacific Americans, Asian=Indian Americans, or any other

95 29 minority or individuals found to be disadvantaged by the

95 30 United States small business administration. However, the

95 31 department may also determine, on a case=by=case basis, that

95 32 an individual who is not a member of one of the enumerated

95 33 groups is socially and economically disadvantaged. A

95 34 rebuttable presumption exists that individuals in the

95 35 following groups are socially and economically disadvantaged:
Senate File 446 - Introduced continued
96 1 Sec. 112. Section 314.14, subsection 1, paragraph c,

96 2 subparagraph (1), Code 2009, is amended to read as follows:

96 3 (1) "Black "African Americans" which includes persons

96 4 having origins in any of the black racial groups of Africa.

96 5 Sec. 113. Section 321.24, subsection 11, Code 2009, is

96 6 amended to read as follows:

96 7 11. If the county treasurer or department is not satisfied

96 8 as to the ownership of the vehicle or that there are no

96 9 undisclosed security interests in it, or a junking certificate

96 10 has been issued for the vehicle but a certificate of title

96 11 will not be reissued under section 321.52, subsection 3, and

96 12 the vehicle qualifies as an antique vehicle under section

96 13 321.115, subsection 1, the county treasurer or department may

96 14 register the vehicle but shall, as a condition of issuing a

96 15 certificate of title and registration receipt, require the

96 16 applicant to file with the department a bond in the form

96 17 prescribed by the department and executed by the applicant,

96 18 and either accompanied by the deposit of cash with the

96 19 department or also executed by a person authorized to conduct

96 20 a surety business in this state. The owner of a vehicle

96 21 subject to the bond requirements of this subsection shall

96 22 apply for a certificate of title and registration for the

96 23 vehicle at the county treasurer's office within thirty days of

96 24 issuance of written authorization from the department. The

96 25 bond shall be in an amount equal to one and one=half times the

96 26 current value of the vehicle as determined by the department

96 27 and conditioned to indemnify any prior owner and secured party

96 28 and any subsequent purchaser of the vehicle or person

96 29 acquiring any security interest in it, and their respective

96 30 successors in interest, against any expense, loss, or damage,

96 31 including reasonable attorney fees, by reason of the issuance

96 32 of the certificate of title of for the vehicle or on account

96 33 of any defect in or undisclosed security interest upon the

96 34 right, title, and interest of the applicant in and to the

96 35 vehicle. Any such interested person has a right of action to
Senate File 446 - Introduced continued
97 1 recover on the bond for any breach of its conditions, but the

97 2 aggregate liability of the surety to all persons shall not

97 3 exceed the amount of the bond. The bond, and any deposit

97 4 accompanying it, shall be returned at the end of three years

97 5 or earlier if the vehicle is no longer registered in this

97 6 state and the currently valid certificate of title is

97 7 surrendered to the department, unless the department has been

97 8 notified of the pendency of an action to recover on the bond.

97 9 The department may authorize issuance of a certificate of

97 10 title as provided in this subsection for a vehicle with an

97 11 unreleased security interest upon presentation of satisfactory

97 12 evidence that the security interest has been extinguished or

97 13 that the holder of the security interest cannot be located to

97 14 release the security interest as provided in section 321.50.

97 15 Sec. 114. Section 321.52, subsection 3, Code 2009, is

97 16 amended to read as follows:

97 17 3. a. When a vehicle for which a certificate of title is

97 18 issued is junked or dismantled by the owner, the owner shall

97 19 detach the registration plates and surrender the plates to the

97 20 county treasurer, unless the plates are properly assigned to

97 21 another vehicle. The owner shall also surrender the

97 22 certificate of title to the county treasurer.

97 23 b. Upon surrendering the surrender of the certificate of

97 24 title and application for junking certificate, the county

97 25 treasurer shall issue to the person, without fee, a junking

97 26 certificate, which shall authorize the holder to possess,

97 27 transport, or transfer ownership of the junked vehicle by

97 28 endorsement of the junking certificate. The county treasurer

97 29 shall hold the surrendered certificate of title, registration

97 30 receipt, application for junking certificate, and, if

97 31 applicable, the registration plates for a period of fourteen

97 32 days following the issuance of a junking certificate under

97 33 this subsection.

97 34 c. Within the fourteen=day period the person who was

97 35 issued the junking certificate and to whom the vehicle was
Senate File 446 - Introduced continued
98 1 titled or assigned may surrender to the county treasurer the

98 2 junking certificate, and upon the person's payment of

98 3 appropriate fees and taxes and payment of any credit for

98 4 annual registration fees received by the person for the

98 5 vehicle under section 321.46, subsection 3, the county

98 6 treasurer shall issue to the person a certificate of title for

98 7 the vehicle. After the expiration of the fourteen=day period,

98 8 a county treasurer shall not issue a certificate of title for

98 9 a junked vehicle for which a junking certificate is issued.

98 10 The county treasurer shall cancel the record of the vehicle

98 11 and forward the certificate of title to the department.

98 12 d. However, upon application the department upon and a

98 13 showing of good cause, the department may issue a certificate

98 14 of title to a person after the fourteen=day period for a

98 15 junked vehicle for which a junking certificate has been

98 16 issued. For purposes of this subsection, "good cause" means

98 17 that the junking certificate was obtained by mistake or

98 18 inadvertence. If a person's application to the department is

98 19 denied, the person may make application for a certificate of

98 20 title under the bonding procedure as provided in section

98 21 321.24, if the vehicle qualifies as an antique vehicle under

98 22 section 321.115, subsection 1, or the person may seek judicial

98 23 review as provided under sections 17A.19 and 17A.20.

98 24 Sec. 115. Section 321.236, unnumbered paragraph 1, Code

98 25 2009, is amended to read as follows:

98 26 Local authorities shall have no power to enact, enforce, or

98 27 maintain any ordinance, rule or regulation in any way in

98 28 conflict with, contrary to or inconsistent with the provisions

98 29 of this chapter, and no such ordinance, rule or regulation of

98 30 said local authorities heretofore or hereafter enacted shall

98 31 have any force or effect, however. However, the provisions of

98 32 this chapter shall not be deemed to prevent local authorities

98 33 with respect to streets and highways under their jurisdiction

98 34 and within the reasonable exercise of the police power from

98 35 doing any of the following:
Senate File 446 - Introduced continued
99 1 Sec. 116. Section 321.292, Code 2009, is amended to read

99 2 as follows:

99 3 321.292 CIVIL ACTION UNAFFECTED.

99 4 The foregoing provisions of section 321.285 shall not be

99 5 construed to relieve the plaintiff in any civil action from

99 6 the burden of proving negligence upon the part of the

99 7 defendant as the proximate cause of an accident.

99 8 Sec. 117. Section 321.356, Code 2009, is amended to read

99 9 as follows:

99 10 321.356 OFFICERS AUTHORIZED TO REMOVE.

99 11 Whenever any peace officer finds a vehicle standing upon a

99 12 highway in violation of any of the foregoing provisions of

99 13 sections 321.354 and 321.355 such officer is hereby authorized

99 14 to move such vehicle, or require the driver or other person in

99 15 charge of the vehicle to move the same, to a position off the

99 16 paved or improved or main traveled part of such highway.

99 17 Sec. 118. Section 321L.2, subsections 1 and 5, Code 2009,

99 18 are amended to read as follows:

99 19 1. a. A resident of the state with a disability desiring

99 20 a persons with disabilities parking permit shall apply to the

99 21 department upon an application form furnished by the

99 22 department providing the applicant's full legal name, address,

99 23 date of birth, and social security number or Iowa driver's

99 24 license number or Iowa nonoperator's identification card

99 25 number, and shall also provide a statement from a physician

99 26 licensed under chapter 148 or 149, a physician assistant

99 27 licensed under chapter 148C, an advanced registered nurse

99 28 practitioner licensed under chapter 152, or a chiropractor

99 29 licensed under chapter 151, or a physician, physician

99 30 assistant, nurse practitioner, or chiropractor licensed to

99 31 practice in a contiguous state, written on the physician's,

99 32 physician assistant's, nurse practitioner's, or chiropractor's

99 33 stationery, stating the nature of the applicant's disability

99 34 and such additional information as required by rules adopted

99 35 by the department under section 321L.8. If the person is
Senate File 446 - Introduced continued
100 1 applying for a temporary persons with disabilities parking

100 2 permit, the physician's, physician assistant's, nurse

100 3 practitioner's, or chiropractor's statement shall state the

100 4 period of time during which the person is expected to be

100 5 disabled and the period of time for which the permit should be

100 6 issued, not to exceed six months.

100 7 a. A person with a disability may apply for one of the

100 8 following persons with disabilities parking permits:

100 9 (1) Persons with disabilities registration plates. An

100 10 applicant may order persons with disabilities registration

100 11 plates pursuant to section 321.34. An applicant may order a

100 12 persons with disabilities registration plate for a trailer

100 13 used to transport a wheelchair pursuant to section 321.34 in

100 14 addition to persons with disabilities registration plates

100 15 ordered by the applicant for a motor vehicle used to tow such

100 16 a trailer pursuant to section 321.34.

100 17 (2) Persons with disabilities parking sticker. An

100 18 applicant who owns a motor vehicle for which the applicant has

100 19 been issued registration plates under section 321.34 or

100 20 registration plates as a seriously disabled veteran under

100 21 section 321.105 may apply to the department for a persons with

100 22 disabilities parking sticker to be affixed to the plates. The

100 23 persons with disabilities parking stickers shall bear the

100 24 international symbol of accessibility.

100 25 (3) Removable windshield placard. A person with a

100 26 disability may apply for a temporary removable windshield

100 27 placard which shall be valid for a period of up to six months

100 28 or a nonexpiring removable windshield placard, as determined

100 29 by the physician's, physician assistant's, nurse

100 30 practitioner's, or chiropractor's statement under this

100 31 subsection. A temporary removable windshield placard shall be

100 32 renewed within thirty days of the date of expiration. Persons

100 33 seeking temporary removable windshield placards shall be

100 34 required to furnish evidence upon initial application that

100 35 they have a temporary disability and, in addition, furnish
Senate File 446 - Introduced continued
101 1 evidence at subsequent intervals that they remain temporarily

101 2 disabled. Temporary removable windshield placards shall be of

101 3 a distinctively different color from nonexpiring removable

101 4 windshield placards. A nonexpiring removable windshield

101 5 placard shall state on the face of the placard that it is a

101 6 nonexpiring placard. The department shall issue one

101 7 additional removable windshield placard upon the request of a

101 8 person with a disability.

101 9 b. The department may issue expiring removable windshield

101 10 placards to the following:

101 11 (1) An organization which has a program for transporting

101 12 persons with disabilities or elderly persons.

101 13 (2) A person in the business of transporting persons with

101 14 disabilities or elderly persons.

101 15 c. One expiring removable windshield placard may be issued

101 16 for each vehicle used by the organization or person for

101 17 transporting persons with disabilities or elderly persons. A

101 18 placard issued under this paragraph shall be renewed every

101 19 four years from the date of issuance and shall be surrendered

101 20 to the department if the organization or person is no longer

101 21 providing the service for which the placard was issued.

101 22 Notwithstanding section 321L.4, a person transporting persons

101 23 with disabilities or elderly persons in a motor vehicle for

101 24 which a placard has been issued under this paragraph may

101 25 display the placard in the motor vehicle and may use a persons

101 26 with disabilities parking space while the motor vehicle is

101 27 displaying the placard. A placard issued under this paragraph

101 28 shall be of a distinctively different color from a placard

101 29 issued under paragraph "a".

101 30 c. d. A new removable windshield placard can be issued if

101 31 the previously issued placard is reported lost, stolen, or

101 32 damaged. The placard reported as being lost or stolen shall

101 33 be invalidated by the department. A placard which is damaged

101 34 shall be returned to the department and exchanged for a new

101 35 placard in accordance with rules adopted by the department.
Senate File 446 - Introduced continued
102 1 5. A seriously disabled veteran who has been provided with

102 2 an automobile or other vehicle by the United States government

102 3 under the provisions of 38 U.S.C. } 1901 et seq. (1970) is not

102 4 required to apply for a persons with disabilities parking

102 5 permit under this section unless the veteran has been issued

102 6 special registration plates or personalized plates for the

102 7 vehicle. The regular registration plates issued for the

102 8 disabled veteran's vehicle without fee pursuant to section

102 9 321.105 entitle the disabled veteran to all of the rights and

102 10 privileges associated with persons with disabilities parking

102 11 permits under this chapter.

102 12 Sec. 119. Section 321L.5, subsection 3, paragraph d, Code

102 13 2009, is amended to read as follows:

102 14 d. A new nonresidential facility in which construction has

102 15 been completed on or after July 1, 1991, providing parking to

102 16 the general public shall provide persons with disabilities

102 17 parking spaces as stipulated below:

102 18 Required Minimum

102 19 Number of Persons

102 20 Total Parking with Disabilities

102 21 Spaces in Lot Parking Spaces

102 22

102 23 10 to 25 1

102 24 26 to 50 2

102 25 51 to 75 3

102 26 76 to 100 4

102 27 101 to 150 5

102 28 151 to 200 6

102 29 201 to 300 7




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