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



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122 5 on January 1, 1975.

122 6 Sec. 164. Section 554.11102, Code 2009, is amended to read

122 7 as follows:

122 8 554.11102 PRESERVATION OF OLD TRANSITION PROVISION.

122 9 The provisions of Article 10 of this chapter, sections

122 10 554.10101 to, 554.10103, and 554.10105, shall continue to

122 11 apply to this chapter as amended and for this purpose this

122 12 chapter prior to amendment and this chapter as amended shall

122 13 be considered one continuous statute.

122 14 Sec. 165. Section 602.4201, subsection 3, paragraph d,

122 15 Code 2009, is amended to read as follows:

122 16 d. Rules of appellate procedure 6.1 6.101 through 6.9

122 17 6.105, 6.601 through 6.603, and 6.907.

122 18 Sec. 166. Section 714F.1, subsection 4, paragraphs a and

122 19 b, Code 2009, are amended to read as follows:

122 20 a. The transfer of title to real property by a foreclosed

122 21 homeowner during a foreclosure proceeding, forfeiture

122 22 proceeding, or tax sale proceeding, either by transfer of

122 23 interest from the foreclosed homeowner or by creation of a

122 24 mortgage or other lien or encumbrance during the process that

122 25 allows the acquirer to obtain title to the property by

122 26 redeeming the property as a junior lienholder.

122 27 b. The subsequent conveyance, or promise of a subsequent

122 28 conveyance, of an interest back to the affected foreclosed

122 29 homeowner by the acquirer or a person acting in participation

122 30 with the acquirer that allows the foreclosed homeowner to

122 31 possess either the affected residence or other real property,

122 32 which interest includes but is not limited to an interest in a

122 33 contract for deed, purchase agreement, option to purchase, or

122 34 lease.

122 35 Sec. 167. Section 714F.4, subsection 2, Code 2009, is

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123 1 amended to read as follows:

123 2 2. Cancellation occurs when the foreclosed homeowner

123 3 delivers, by any means, written notice of cancellation,

123 4 provided that, at a minimum, the contract and the notice of

123 5 cancellation contains a physical address to which notice of

123 6 cancellation may be mailed or otherwise delivered. A post

123 7 office box does not constitute a physical address. A post

123 8 office box may be designated for delivery by mail only if it

123 9 is accompanied by a physical address at which the notice could

123 10 be delivered by a method other than mail. An electronically


123 11 mailed electronic mail address may be provided in addition to

123 12 the physical address. If cancellation is mailed, delivery is

123 13 effective upon mailing. If electronically mailed,

123 14 cancellation is effective upon transmission.

123 15 Sec. 168. Section 714F.8, subsection 3, paragraph b,

123 16 subparagraph (2), subparagraph division (c), Code 2009, is

123 17 amended to read as follows:

123 18 (c) "Consideration" means any payment or thing of value

123 19 provided to the foreclosed homeowner, including payment of

123 20 unpaid rent or contract for deed payments owed by the

123 21 foreclosed homeowner prior to the date of eviction or

123 22 voluntary relinquishment of the property, reasonable costs

123 23 paid to third parties necessary to complete the foreclosure

123 24 reconveyance transaction, payment of money to satisfy a debt

123 25 or legal obligation of the foreclosed homeowner that creates a

123 26 lien against the affected residence, or the payment of

123 27 reasonable cost of repairs for damage to the dwelling caused

123 28 by the foreclosed homeowner; or a payment of a penalty imposed

123 29 by a court for the filing of a frivolous claim under section

123 30 714F.9, subsection 6, but "consideration" shall not include

123 31 amounts imputed as a down payment or fee to the foreclosure

123 32 purchaser, or a person acting in participation with the

123 33 foreclosure purchaser, incident to a contract for deed, lease,

123 34 or option to purchase entered into as part of the foreclosure

123 35 reconveyance, except for reasonable costs paid to third
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124 1 parties necessary to complete the foreclosure reconveyance.

124 2 Sec. 169. Section 716.5, Code 2009, is amended to read as

124 3 follows:

124 4 716.5 CRIMINAL MISCHIEF IN THE THIRD DEGREE.

124 5 1. Criminal mischief is criminal mischief in the third

124 6 degree if the any of the following apply:

124 7 a. The cost of replacing, repairing, or restoring the

124 8 property so that is damaged, defaced, altered, or destroyed

124 9 exceeds five hundred dollars, but does not exceed one thousand

124 10 dollars, or if the.

124 11 b. The property is a deed, will, commercial paper or any

124 12 civil or criminal process or other instrument having legal

124 13 effect, or if the.

124 14 c. The act consists of rendering substantially less

124 15 effective than before any light, signal, obstruction,

124 16 barricade, or guard which has been placed or erected for the

124 17 purpose of enclosing any unsafe or dangerous place or of

124 18 alerting persons to an unsafe or dangerous condition.

124 19 Criminal mischief in the third degree is an aggravated

124 20 misdemeanor.

124 21 A person commits criminal mischief in the third degree who


124 22 does either of the following:

124 23 1. d. Intentionally The person intentionally disinters

124 24 human remains from a burial site without lawful authority.

124 25 2. e. Intentionally The person intentionally disinters

124 26 human remains that have state and national significance from

124 27 an historical or scientific standpoint for the inspiration and

124 28 benefit of the United States without the permission of the

124 29 state archaeologist.

124 30 2. Criminal mischief in the third degree is an aggravated

124 31 misdemeanor.

124 32 Sec. 170. 2008 Iowa Acts, chapter 1088, section 44,

124 33 subsection 1, is amended to read as follows:

124 34 1. Persons who publicly profess to be physicians and

124 35 surgeons, or osteopathic physicians and surgeons, or who
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125 1 publicly profess to assume the duties incident to the practice

125 2 of medicine and surgery or osteopathic medicine and surgery.

125 3 Sec. 171. 2008 Iowa Acts, chapter 1088, is amended by

125 4 adding the following new section:

125 5 SEC. . Section 152B.13, subsection 1, paragraph a, Code

125 6 2007, is amended to read as follows:

125 7 1. A state board for respiratory care is established to

125 8 administer this chapter. Membership of the board shall be

125 9 established pursuant to section 147.14, subsection 15.

125 10 Sec. 172. 2008 Iowa Acts, chapter 1181, section 5,

125 11 subsection 3, paragraph c, is amended to read as follows:

125 12 c. For the entrepreneurs with disabilities program

125 13 pursuant to section 259.4, subsection 9, if enacted by 2008

125 14 Iowa Acts, House Senate File 2214 2101:

125 15 .................................................. $ 200,000

125 16 Sec. 173. Section 261E.12, subsection 1, paragraph d, as

125 17 enacted by 2008 Iowa Acts, chapter 1181, section 63, is

125 18 amended to read as follows:

125 19 d. For the fiscal year beginning July 1, 2008, and

125 20 succeeding fiscal years, an amount up to five hundred thousand

125 21 dollars to the department to provide advanced placement course

125 22 examination fee remittance pursuant to section 261E.4A. If

125 23 the funds appropriated for purposes of section 261E.5 261E.4A

125 24 are insufficient to distribute the amounts set out in section

125 25 261E.5 261E.4A, subsection 3, to school districts, the

125 26 department shall prorate the amount distributed to school

125 27 districts based on the amount appropriated.

125 28 Sec. 174. 2008 Iowa Acts, chapter 1187, section 9,

125 29 subsection 22, is amended to read as follows:

125 30 22. Of the funds appropriated in this section, $250,000

125 31 shall be used to implement the provisions in 2007 Iowa Acts,

125 32 chapter 218, section 124 126, as amended by the Eighty=second

125 33 General Assembly, 2008 Session, relating to eligibility for

125 34 certain persons with disabilities under the medical assistance

125 35 program.
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126 1 Sec. 175. 2008 Iowa Acts, chapter 1191, is amended by

126 2 adding the following new section:

126 3 SEC. . EFFECTIVE DATE. The section of this Act

126 4 amending section 100C.6, subsection 3, as enacted by 2008 Iowa

126 5 Acts, House File 2646, section 1, takes effect August 1, 2009.

126 6 DIVISION II

126 7 CODE SECTION RENUMBERING

126 8 Sec. 176. Section 103A.9, Code 2009, is amended to read as

126 9 follows:

126 10 103A.9 FACTORY=BUILT STRUCTURES.

126 11 1. The state building code shall contain provisions

126 12 relating to the manufacture and installation of factory=built

126 13 structures.

126 14 1. a. Factory=built structures manufactured in Iowa,

126 15 after the effective date of the code, shall be manufactured in

126 16 accordance with the code, unless the commissioner determines

126 17 the structure is manufactured for installation outside the

126 18 state.

126 19 2. b. Factory=built structures manufactured outside the

126 20 state of Iowa, after the effective date of the code, and

126 21 brought into Iowa for installation must, prior to

126 22 installation, comply with the code.

126 23 3. c. Factory=built structures manufactured prior to the

126 24 effective date of the code, which prior to that date have

126 25 never been installed, must comply with the code prior to

126 26 installation.

126 27 4. a. d. (1) All factory=built structures, without

126 28 regard to manufacture date, shall be installed in accordance

126 29 with the code in the governmental subdivisions which have

126 30 adopted the state building code or any other building code.

126 31 However, a governmental subdivision shall not require that a

126 32 factory=built structure, that was manufactured in accordance

126 33 with federally mandated standards, be renovated in accordance

126 34 with the state building code or any other building code which

126 35 the governmental subdivision has adopted when the
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127 1 factory=built structure is being moved from one lawful

127 2 location to another unless such required renovation is in

127 3 conformity with those specifications for the factory=built

127 4 structure which existed when it was manufactured or the

127 5 factory=built structure is being rented for occupancy.

127 6 b. (2) Existing factory=built structures not constructed

127 7 to be in compliance with federally mandated standards may be

127 8 moved from one established manufactured home community or

127 9 mobile home park to another and shall not be required to be

127 10 renovated to comply with the state building code or any other

127 11 building code which the governmental subdivision has adopted

127 12 unless the factory=built structure is being rented for

127 13 occupancy or has been declared a public nuisance according to

127 14 standards generally applied to housing.

127 15 5. e. Factory=built structures required to comply with

127 16 the code provisions on manufacture, shall not be modified in

127 17 any way prior to or during installation, unless prior approval

127 18 is obtained from the commissioner.

127 19 6. 2. The commissioner shall establish an insignia of

127 20 approval and provide that factory=built structures required to

127 21 comply with code provisions on manufacture bear an insignia of

127 22 approval prior to installation. The insignia may be issued

127 23 for other factory=built structures which meet code standards

127 24 and which were manufactured prior to the effective date of the

127 25 state building code.

127 26 7. 3. The commissioner may contract with local government

127 27 agencies for enforcement of the code relating to manufacture

127 28 of factory=built structures. Code provisions relating to

127 29 installation of factory=built structures shall be enforced by

127 30 the local building departments only in those governmental

127 31 subdivisions which have adopted the state building code or any

127 32 other building code.

127 33 Sec. 177. Section 123.127, Code 2009, is amended to read

127 34 as follows:

127 35 123.127 CLASS "A" AND SPECIAL CLASS "A" APPLICATION.
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128 1 1. A class "A" permit shall be issued by the administrator

128 2 to any person who:

128 3 1. a. Submits a written application for such permit,

128 4 which application shall state under oath:

128 5 a. (1) The name and place of residence of the applicant

128 6 and the length of time the applicant has lived at such place

128 7 of residence.

128 8 b. (2) That the applicant is a citizen of the state of

128 9 Iowa.

128 10 c. (3) That the applicant is a person of good moral

128 11 character as defined by this chapter.

128 12 d. (4) The location of the premises where the applicant

128 13 intends to operate.

128 14 e. (5) The name of the owner of the premises and if such

128 15 owner is not the applicant, that such applicant is the actual

128 16 lessee of the premises.

128 17 2. b. Establishes:

128 18 a. (1) That the applicant is a person of good moral

128 19 character as defined by this chapter.

128 20 b. (2) That the premises where the applicant intends to

128 21 operate conform to all laws and health and fire regulations

128 22 applicable thereto.

128 23 3. c. Furnishes a bond in the form prescribed and to be

128 24 furnished by the division, with good and sufficient sureties

128 25 to be approved by the administrator conditioned upon the

128 26 faithful observance of this chapter, in the penal sum of five

128 27 thousand dollars, payable to the state.

128 28 4. d. Gives consent to a person, pursuant to section

128 29 123.30, subsection 1, to enter upon the premises without a

128 30 warrant during the business hours of the permittee to inspect

128 31 for violations of the provisions of this chapter or ordinances

128 32 and regulations that local authorities may adopt.

128 33 2. An applicant for a special class "A" permit shall

128 34 comply with the requirements for a class "A" permit and shall

128 35 also state on the application that the applicant holds or has
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129 1 applied for a class "C" liquor control license or class "B"

129 2 beer permit.

129 3 Sec. 178. Section 123.128, subsection 1, paragraph a, Code

129 4 2009, is amended to read as follows:

129 5 a. All the information required of a class "A" applicant

129 6 by section 123.127, subsection 1, paragraph "a".

129 7 Sec. 179. Section 123.128, subsection 2, Code 2009, is

129 8 amended to read as follows:

129 9 2. Fulfills the requirements of section 123.127,

129 10 subsection 2 1, paragraph "b", relating to class "A"

129 11 applicants.

129 12 Sec. 180. Section 123.129, subsection 1, Code 2009, is

129 13 amended to read as follows:

129 14 1. Submits a written application for such permit, which

129 15 application shall state under oath all the information

129 16 required of a class "A" applicant by section 123.127,

129 17 subsection 1, paragraph "a".

129 18 Sec. 181. Section 124.401D, Code 2009, is amended to read

129 19 as follows:

129 20 124.401D CONSPIRACY TO MANUFACTURE FOR DELIVERY OR

129 21 DELIVERY OR INTENT OR CONSPIRACY TO DELIVER AMPHETAMINE OR

129 22 METHAMPHETAMINE TO A MINOR.

129 23 1. a. It is unlawful for a person eighteen years of age

129 24 or older to act with, or enter into a common scheme or design

129 25 with, or conspire with one or more persons to manufacture for

129 26 delivery to a person under eighteen years of age a material,

129 27 compound, mixture, preparation, or substance that contains any

129 28 detectable amount of amphetamine, its salts, isomers, or salts

129 29 of its isomers, or methamphetamine, its salts, isomers, or

129 30 salts of its isomers.

129 31 b. A violation of this subsection is a felony punishable

129 32 under section 902.9, subsection 1.

129 33 c. A second or subsequent violation of this subsection is

129 34 a class "A" felony.

129 35 2. a. It is unlawful for a person eighteen years of age
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130 1 or older to deliver, or possess with the intent to deliver to

130 2 a person under eighteen years of age, a material, compound,

130 3 mixture, preparation, or substance that contains any

130 4 detectable amount of amphetamine, its salts, isomers, or salts

130 5 of its isomers, or methamphetamine, its salts, isomers, or

130 6 salts of its isomers, or to act with, or enter into a common

130 7 scheme or design with, or conspire with one or more persons to

130 8 deliver or possess with the intent to deliver to a person

130 9 under eighteen years of age a material, compound, mixture,

130 10 preparation, or substance that contains any detectable amount

130 11 of amphetamine, its salts, isomers, or salts of its isomers,

130 12 or methamphetamine, its salts, isomers, or salts of its

130 13 isomers.

130 14 b. A violation of this subsection is a felony punishable

130 15 under section 902.9, subsection 1.

130 16 c. A second or subsequent violation of this subsection is

130 17 a class "A" felony.

130 18 Sec. 182. Section 124.413, Code 2009, is amended to read

130 19 as follows:

130 20 124.413 MANDATORY MINIMUM SENTENCE.

130 21 1. A person sentenced pursuant to section 124.401,

130 22 subsection 1, paragraph "a", "b", "c", "e", or "f", shall not

130 23 be eligible for parole until the person has served a minimum

130 24 period of confinement of one=third of the maximum

130 25 indeterminate sentence prescribed by law.

130 26 2. This section shall not apply if:

130 27 1. a. The offense is found to be an accommodation

130 28 pursuant to section 124.410; or

130 29 2. b. The controlled substance is marijuana.

130 30 Sec. 183. Section 124.502, subsection 1, paragraphs b

130 31 through d, Code 2009, are amended to read as follows:

130 32 b. A warrant shall issue only upon sworn testimony of an

130 33 officer or employee of the board duly designated and having

130 34 knowledge of the facts alleged, before the judicial officer,

130 35 establishing the grounds for issuing the warrant. If the
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131 1 judicial officer is satisfied that grounds for the application

131 2 exist or that there is probable cause to believe they exist,

131 3 the officer shall issue a warrant identifying the area,

131 4 premises, building, or conveyance to be inspected, the purpose

131 5 of the inspection, and, if appropriate, the type of property

131 6 to be inspected, if any.

131 7 c. The warrant shall:

131 8 (1) State the grounds for its issuance and the name of

131 9 each person whose testimony has been taken in support thereof.

131 10 (2) Be directed to a person authorized by section 124.501

131 11 to execute it.

131 12 (3) Command the person to whom it is directed to inspect

131 13 the area, premises, building, or conveyance identified for the

131 14 purpose specified and, if appropriate, direct the seizure of

131 15 the property specified.

131 16 (4) Identify the item or types of property to be seized,

131 17 if any.

131 18 (5) Direct that it be served during normal business hours,

131 19 if appropriate, and designate the judge to whom it shall be

131 20 returned.

131 21 c. d. A warrant issued pursuant to this section must be

131 22 executed and returned within ten days after its date unless,

131 23 upon a showing of a need for additional time, the court so

131 24 instructs otherwise in the warrant. If property is seized

131 25 pursuant to a warrant, the person executing the warrant shall

131 26 give to the person from whom the property is seized, or the

131 27 person in charge of the premises from which the property is

131 28 seized, a copy of the warrant and a receipt for the property

131 29 seized or shall leave the copy and receipt at the place from

131 30 which the property is seized. The return of the warrant shall

131 31 be made promptly and shall be accompanied by a written

131 32 inventory of any property seized. The inventory shall be made

131 33 in the presence of the person executing the warrant and of the

131 34 person from whose possession or premises the property was

131 35 seized, if they are present, or in the presence of at least
Senate File 446 - Introduced continued
132 1 one credible person other than the person executing the

132 2 warrant. A copy of the inventory shall be delivered to the




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