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



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SF 449

Senate File 449 - Introduced
SENATE FILE

BY COMMITTEE ON JUDICIARY


(SUCCESSOR TO SSB 1295)

Passed Senate, Date Passed House, Date

Vote: Ayes Nays Vote: Ayes Nays

Approved


A BILL FOR
1 An Act relating to statutory corrections which may adjust

2 language to reflect current practices, insert earlier

3 omissions, delete redundancies and inaccuracies, delete

4 temporary language, resolve inconsistencies and conflicts,

5 update ongoing provisions, or remove ambiguities, and

6 including effective and applicability date provisions.

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

8 TLSB 2130SV 83

9 lh/rj/8

Senate File 449 - Introduced continued


PAG LIN

1 1 DIVISION I

1 2 MISCELLANEOUS PROVISIONS

1 3 Section 1. Section 6B.14, subsection 1, Code 2009, is

1 4 amended to read as follows:

1 5 1. The commissioners shall, at the time fixed in the

1 6 aforesaid notices required under section 6B.8, view the land

1 7 sought to be condemned and assess the damages which the owner

1 8 will sustain by reason of the appropriation. The commission

1 9 shall file its written report, signed by all commissioners,

1 10 with the sheriff. At the request of the condemner or the

1 11 condemnee, the commission shall divide the damages into parts

1 12 to indicate the value of any dwelling, the value of the land

1 13 and improvements other than a dwelling, and the value of any

1 14 additional damages. The appraisement and return may be in

1 15 parcels larger than forty acres belonging to one person and

1 16 lying in one tract, unless the agent or attorney of the

1 17 applicant, or the commissioners, have actual knowledge that

1 18 the tract does not belong wholly to the person in whose name

1 19 it appears of record; and in case of such knowledge, the

1 20 appraisement shall be made of the different portions as they

1 21 are known to be owned.

1 22 Sec. 2. Section 9D.1, Code 2009, is amended to read as

1 23 follows:

1 24 9D.1 DEFINITIONS.

1 25 As used in this chapter, unless the context otherwise


1 26 requires:

1 27 1. "Applicant" means a person applying for registration

1 28 under this chapter.

1 29 2. "Customer" means a person who is offered or who

1 30 purchases travel services.

1 31 3. "Doing business" in this state means any of the



1 32 following:

1 33 a. Offering to sell or selling travel services, if the



1 34 offer is made or received within the state.

1 35 b. Offering to arrange or arranging travel services for a


Senate File 449 - Introduced continued
2 1 fee or commission, direct or indirect, if the offer is made or

2 2 received in this state.

2 3 c. Offering to award or awarding travel services as a



2 4 prize or award, if the offer or award is made in or received

2 5 in this state.

2 6 3. 4. "Registrant" means a person registered pursuant to

2 7 this chapter.

2 8 4. 5. "Secretary" means the secretary of state.

2 9 5. 6. "Solicitation" means contact by a travel agency or

2 10 travel agent of a customer for the purpose of selling or

2 11 offering to sell travel services.

2 12 6. 7. "Travel agency" means a person who represents,

2 13 directly or indirectly, that the person is offering or

2 14 undertaking by any means or method, to provide travel services

2 15 for a fee, commission, or other valuable consideration, direct

2 16 or indirect.

2 17 7. 8. "Travel agent" means a person employed by a travel

2 18 agency whose principal duties include consulting with and

2 19 advising persons concerning travel arrangements or

2 20 accommodations.

2 21 8. 9. "Travel services" means arranging or booking

2 22 vacation or travel packages, travel reservations or

2 23 accommodations, tickets for domestic or foreign travel by air,

2 24 rail, ship, bus, or other medium of transportation, or hotel

2 25 or other lodging accommodations. Travel services include

2 26 travel related prizes or awards for which the customer must

2 27 pay a fee or, in connection with the prize or award, expend

2 28 moneys for the direct or indirect monetary benefit of the

2 29 person making the award, in order for the customer to collect

2 30 or enjoy the benefits of the prize or award.

2 31 Sec. 3. Section 9D.2, subsections 4 through 9, Code 2009,

2 32 are amended to read as follows:

2 33 4. "Doing business" in this state, for purposes of this


2 34 chapter, means any of the following:

2 35 a. Offering to sell or selling travel services, if the


Senate File 449 - Introduced continued
3 1 offer is made or received within the state.

3 2 b. Offering to arrange, or arranging, travel services for



3 3 a fee or commission, direct or indirect, if the offer is made

3 4 or received in this state.

3 5 c. Offering to, or awarding travel services as a prize or



3 6 award, if the offer or award is made in or received in this

3 7 state.

3 8 5. 4. An applicant shall complete an application for

3 9 registration form provided by the secretary. The application

3 10 form must be accompanied by the required bond or evidence of

3 11 financial responsibility and the registration fee. The

3 12 application form shall include all of the following

3 13 information:

3 14 a. The name and signature of an officer or partner of a

3 15 business entity or the names and signatures of the principal

3 16 owner and operator if the agency is a sole proprietorship.

3 17 b. The name, address, and telephone number of the

3 18 applicant and the name of all travel agents employed by the

3 19 applicant travel agency.

3 20 c. The name, address, and telephone number of any person

3 21 who owns or controls, directly or indirectly, ten percent or

3 22 more of the applicant.

3 23 d. If the applicant is a foreign corporation or business,

3 24 the name and address of the corporation's agent in this state

3 25 for service of process.

3 26 e. Any additional information required by rule adopted by

3 27 the secretary pursuant to chapter 17A.

3 28 6. 5. The application form shall be accompanied by a

3 29 written irrevocable consent to service of process. The

3 30 consent must provide that actions in connection with doing

3 31 business in this state may be commenced against the registrant

3 32 in the proper jurisdiction in this state in which the cause of

3 33 action may arise, or in which the plaintiff may reside, by

3 34 service of process on the secretary as the registrant's agent

3 35 and stipulating and agreeing that such service of process
Senate File 449 - Introduced continued
4 1 shall be taken and held in all courts to be as valid and

4 2 binding as if service of process had been made upon the person

4 3 according to the laws of this or any other state. The consent

4 4 to service of process shall be in such form and supported by

4 5 such additional information as the secretary may by rule

4 6 require.

4 7 7. 6. An annual registration fee as established by the

4 8 secretary by rule is required at the time the application for

4 9 registration form is filed with the secretary, and on or

4 10 before the anniversary date of the effective date of

4 11 registration for each subsequent year. The registration fee

4 12 shall be established at a rate deemed reasonably necessary by

4 13 the secretary to support the administration of this chapter,

4 14 but not to exceed fifteen dollars per year per agency. If an

4 15 applicant or a registrant fails to pay the annual registration

4 16 fee, the application for registration or registration lapses

4 17 and becomes ineffective.

4 18 8. 7. A registrant shall submit to the secretary

4 19 corrections to the information supplied in the registration

4 20 form within a reasonable time after a change in circumstances,

4 21 which circumstances would be required to be reported in an

4 22 application for registration form, except travel agents' names

4 23 as required in subsection 5 4, paragraph "b". The names of

4 24 travel agents shall be updated at the time of annual

4 25 registration.

4 26 9. 8. The secretary may revoke or suspend a registration

4 27 for cause subject to the contested case provisions of chapter

4 28 17A.

4 29 Sec. 4. Section 10.1, subsections 9 and 17, Code 2009, are

4 30 amended to read as follows:

4 31 9. "Farmers cooperative limited liability company" means a

4 32 limited liability company organized under chapter 489 or 490A,

4 33 if cooperative associations hold one hundred percent of all

4 34 membership interests in the limited liability company.

4 35 Farmers cooperative associations must hold at least seventy
Senate File 449 - Introduced continued
5 1 percent of all membership interests in the limited liability

5 2 company. If more than one type of membership interest is

5 3 established, including any series as provided in section

5 4 489.1201 or 490A.305 or any class or group as provided in

5 5 section 489.1201 or 490A.307, farmers cooperative associations

5 6 must hold at least seventy percent of all membership interests

5 7 of that each type.

5 8 17. "Networking farmers limited liability company" means a

5 9 limited liability company, other than a family farm limited

5 10 liability company as defined in section 9H.1, organized under

5 11 chapter 489 or 490A if all of the following conditions are

5 12 satisfied:

5 13 a. Qualified farmers must hold at least fifty=one percent

5 14 of all membership interests in the limited liability company.

5 15 If more than one type of membership interest is established,

5 16 including any series as provided in section 489.1201 or

5 17 490A.305 or any class or group as provided in section 489.1201

5 18 or 490A.307, qualified farmers must hold at least fifty=one

5 19 percent of all membership interests of that each type.

5 20 b. Qualified persons must hold at least seventy percent of

5 21 all membership interests in the limited liability company. If

5 22 more than one type of membership interest is established,

5 23 including any series as provided in section 489.1201 or

5 24 490A.305 or any class or group as provided in section 489.1201

5 25 or 490A.307, qualified persons must hold at least seventy

5 26 percent of all membership interests of that each type.

5 27 Sec. 5. Section 15.103, subsection 1, paragraph b,

5 28 unnumbered paragraph 1, Code 2009, is amended to read as

5 29 follows:

5 30 Each of the following areas of expertise shall be

5 31 represented by at least one voting member of the board who has

5 32 professional experience in that area of expertise:

5 33 Sec. 6. Section 15.103, subsection 1, paragraph c, Code

5 34 2009, is amended to read as follows:

5 35 c. At least nine of the voting members of the board shall

Senate File 449 - Introduced continued
6 1 be actively employed in the private, for=profit sector of the

6 2 economy.

6 3 Sec. 7. Section 15.247, subsection 2, Code 2009, is

6 4 amended to read as follows:

6 5 2. A "targeted small business financial assistance program

6 6 account" program" is established within the department. A

6 7 targeted small business financial assistance program account

6 8 is established within the strategic investment fund created in

6 9 section 15.313, to allow the department to provide for loans,

6 10 loan guarantees, or grants to eligible targeted small

6 11 businesses.

6 12 a. A targeted small business in any year shall receive

6 13 under this program not more than fifty thousand dollars in a

6 14 loan, grant, or guarantee, or a combination of loans, grants,

6 15 or guarantees. A grant shall only be awarded when additional

6 16 financing is secured by the applicant. In order to receive a

6 17 grant, the applicant must demonstrate a minimum of ten percent

6 18 cash investment in the project. A targeted small business

6 19 shall not receive a grant, loan, or guarantee, or a

6 20 combination of grants, loans, or guarantees under the program

6 21 that provide more than ninety percent funding of a project.

6 22 b. The program shall provide guarantees not to exceed

6 23 eighty percent for loans of up to seven years made by

6 24 qualified lenders. The department shall establish a financial

6 25 assistance reserve account from funds allocated to the program

6 26 account, from which any default on a guaranteed loan under

6 27 this section shall be paid. In administering the program the

6 28 department shall not guarantee loan values in excess of the

6 29 amount credited to the reserve account and only moneys set

6 30 aside in the loan reserve account may be used for the payment

6 31 of a default.

6 32 c. The department shall maintain records of all financial

6 33 assistance approved pursuant to this section and information

6 34 regarding the effectiveness of the financial assistance in

6 35 establishing or expanding small business ventures.

Senate File 449 - Introduced continued
7 1 Sec. 8. Section 16.1, subsection 1, paragraph ac, Code

7 2 2009, is amended to read as follows:

7 3 ac. "Powers" means all of the general and specific powers

7 4 of the authority as provided in this chapter and which shall

7 5 be broadly and liberally interpreted to authorize the

7 6 authority to act in accordance with the goals of the authority

7 7 and in a manner consistent with the legislative findings and

7 8 guiding principles which are reasonably necessary.

7 9 Sec. 9. Section 24.20, Code 2009, is amended to read as

7 10 follows:

7 11 24.20 TAX RATES FINAL.

7 12 The several tax rates and levies of the municipalities thus

7 13 a municipality that are determined and certified in the manner

7 14 provided in sections 24.1 through 24.19, except such tax rates


7 15 and levies as are authorized by a vote of the people, shall

7 16 stand as the tax rates and levies of said municipality for the

7 17 ensuing fiscal year for the purposes set out in the budget.

7 18 Sec. 10. Section 26.14, subsection 3, paragraph c, Code

7 19 2009, is amended to read as follows:

7 20 c. If a public improvement may be performed by an employee

7 21 of the governmental entity, the amount of estimated sales and

7 22 fuel tax and the premium cost for the performance and payment

7 23 bond which a contractor identifies in its quotation shall be

7 24 deducted from the contractor's price for determining the

7 25 lowest responsive, responsible quotation. If no quotations

7 26 are received to perform the work, or if the governmental

7 27 entity's estimated cost to do the work with its employee is

7 28 less than the lowest responsive, responsible quotation

7 29 received, the governmental entity may authorize its employee

7 30 or employees to perform the work.

7 31 Sec. 11. Section 42.3, subsection 1, paragraph b, Code

7 32 2009, is amended to read as follows:

7 33 b. However Notwithstanding the time period specified in

7 34 paragraph "a", if the population data for legislative

7 35 districting which the United States census bureau is required


Senate File 449 - Introduced continued
8 1 to provide this state under Pub. L. No. 94=171 and, if used by

8 2 the legislative services agency, the corresponding

8 3 topologically integrated geographic encoding and referencing

8 4 data file for that population data are not available to the

8 5 legislative services agency on or before February 15 of the

8 6 year ending in one, the dates set forth in this subsection

8 7 paragraph "a" shall be extended by a number of days equal to

8 8 the number of days after February 15 of the year ending in one

8 9 that the federal census population data and the topologically

8 10 integrated geographic encoding and referencing data file for

8 11 legislative districting become available.

8 12 Sec. 12. Section 42.3, subsection 2, Code 2009, is amended

8 13 to read as follows:

8 14 2. If the bill embodying the plan submitted by the

8 15 legislative services agency under subsection 1 fails to be

8 16 enacted, the legislative services agency shall prepare a bill

8 17 embodying a second plan of legislative and congressional

8 18 districting. The bill shall be prepared in accordance with

8 19 section 42.4, and, insofar as it is possible to do so within

8 20 the requirements of section 42.4, with the reasons cited by

8 21 the senate or house of representatives by resolution, or the

8 22 governor by veto message, for the failure to approve the plan.

8 23 If a second plan is required under this subsection, the bill

8 24 embodying it shall be delivered to the secretary of the senate

8 25 and the chief clerk of the house of representatives not later

8 26 than thirty=five days after the date of the vote by which the

8 27 senate or the house of representatives fails to approve the

8 28 bill submitted under subsection 1, or the date the governor

8 29 vetoes or fails to approve the bill. If it is necessary to

8 30 submit a bill under this subsection, the bill shall be brought

8 31 to a vote not less than seven days after the bill is submitted

8 32 and made available to the members of the general assembly,

8 33 under a procedure or rule permitting no amendments except

8 34 those of a purely corrective nature. It is further the intent

8 35 of this chapter that if the bill is approved by the first

Senate File 449 - Introduced continued
9 1 house in which it is considered, it shall expeditiously be

9 2 brought to a vote in the second house under a similar

9 3 procedure or rule. If the bill embodying the plan submitted

9 4 by the legislative services agency under this subsection fails

9 5 to be approved by a constitutional majority in either the

9 6 senate or the house of representatives, the secretary of the

9 7 senate or the chief clerk of the house, as the case may be,

9 8 shall transmit to the legislative services agency in the same



9 9 manner as described in subsection 1, information which the

9 10 senate or house may direct by resolution regarding reasons why

9 11 the plan was not approved in the same manner as described in

9 12 subsection 1.

9 13 Sec. 13. Section 46.2A, subsections 1 and 8, Code 2009,

9 14 are amended to read as follows:

9 15 1. As used in this section, "congressional district" means

9 16 those districts established following the 2010 federal

9 17 decennial census and described in chapter 42 40.

9 18 8. If the number of congressional districts established

9 19 following the 2010 federal decennial census and described in

9 20 chapter 42 40 is not equal to four, then the procedures set

9 21 out in this section are void and this section is repealed

9 22 effective June 30, 2012.

9 23 Sec. 14. Section 49.36, Code 2009, is amended to read as

9 24 follows:

9 25 49.36 CANDIDATES OF NONPARTY ORGANIZATION.

9 26 The term "group of petitioners" as used in the foregoing

9 27 sections 49.32 and 49.35 shall embrace an organization which

9 28 is not a political party as defined by law.

9 29 Sec. 15. Section 52.25, subsection 2, Code 2009, is

9 30 amended to read as follows:

9 31 2. The question, amendment, or measure, and or summaries

9 32 thereof, shall be printed on the special paper ballots or on


9 33 the inserts used in the voting machines. In no case shall the

9 34 font size be less than ten point type.

9 35 Sec. 16. Section 62.1A, Code 2009, is amended to read as
Senate File 449 - Introduced continued

10 1 follows:

10 2 62.1A CONTEST COURT ESTABLISHED.

10 3 The court for the trial of contested county elections shall

10 4 consist of one person member named by the contestant and one

10 5 person member named by the incumbent. If the incumbent fails

10 6 to name a judge member, the chief judge of the judicial

10 7 district shall be notified of the failure to appoint. The

10 8 chief judge shall designate the second judge member within one

10 9 week after the chief judge is notified. These two judges

10 10 members shall meet within three days and select a third person

10 11 member to serve as the presiding officer member of the court.

10 12 If they cannot agree on the third member of the court within

10 13 three days after their initial meeting, the chief judge of the

10 14 judicial district shall be notified of the failure to agree.

10 15 The chief judge shall designate the presiding judge member

10 16 within one week after the chief judge is notified.

10 17 Sec. 17. Section 62.2, Code 2009, is amended to read as

10 18 follows:

10 19 62.2 JUDGES CONTEST COURT MEMBERS SWORN.

10 20 Judges Members of the contest court shall be sworn in the




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