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



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173 5 2009, is amended to read as follows:

173 6 c. (1) A grain dealer must meet at least either of the

173 7 following conditions:

173 8 (1) (a) The grain dealer's last financial statement

173 9 required to be submitted to the department pursuant to section

173 10 203.3 is accompanied by an unqualified opinion based upon an

173 11 audit performed by a certified public accountant licensed in

173 12 this state.

173 13 (2) (b) The grain dealer files a bond with the department

173 14 in the amount of one hundred thousand dollars payable to the

173 15 department.

173 16 (2) (a) The bond filed with the department under this


173 17 paragraph shall be used to indemnify sellers for losses

173 18 resulting from a breach of a credit=sale contract as provided

173 19 by rules adopted by the department. The rules shall include,

173 20 but are not limited to, procedures and criteria for providing

173 21 notice, filing claims, valuing losses, and paying claims. The

173 22 bond provided in this paragraph shall be in addition to any

173 23 other bond required in this chapter.

173 24 (b) A The bond filed with the department under this


173 25 paragraph shall not be canceled by the issuer on less than

173 26 ninety days notice by certified mail to the department and the

173 27 principal. However, if an adequate replacement bond is filed

173 28 with the department, the department may authorize the

173 29 cancellation of the original bond before the end of the

173 30 ninety=day period.

173 31 (c) If an adequate replacement bond is not received by the

173 32 department within sixty days of the issuance of the notice of

173 33 cancellation, the department shall automatically suspend the

173 34 grain dealer's license. The department shall cause an

173 35 inspection of the licensed grain dealer immediately at the end
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174 1 of the sixty=day period. If a replacement bond is not filed

174 2 within another thirty days following the suspension, the grain

174 3 dealer license shall be automatically revoked.

174 4 (3) When a license is revoked, the department shall

174 5 provide notice of the revocation by ordinary mail to the last

174 6 known address of each holder of an outstanding credit=sale

174 7 contract and all known sellers.

174 8 Sec. 212. Section 203C.33, Code 2009, is amended to read

174 9 as follows:

174 10 203C.33 FEES.

174 11 1. The department shall charge the following fees for

174 12 deposit in the general fund:

174 13 1. a. For the issuance or renewal of a warehouse license,

174 14 the fee shall be determined on the basis of the storage

174 15 capacity in bushels of grain as follows:

174 16 a. (1) If the total storage capacity is one hundred

174 17 thousand bushels or less, the fee is fifty=eight dollars.

174 18 b. (2) If the total storage capacity is more than one

174 19 hundred thousand bushels, but not more than seven hundred

174 20 fifty thousand bushels, the fee is one hundred twenty=five

174 21 dollars.

174 22 c. (3) If the total storage capacity is more than seven

174 23 hundred fifty thousand bushels, but not more than one million

174 24 five hundred thousand bushels, the fee is one hundred

174 25 ninety=one dollars.

174 26 d. (4) If the total storage capacity is more than one

174 27 million five hundred thousand bushels, but not more than three

174 28 million bushels, the fee is two hundred forty=nine dollars.

174 29 e. (5) If the total storage capacity is more than three

174 30 million bushels, but not more than four million seven hundred

174 31 fifty thousand bushels, the fee is three hundred seven

174 32 dollars.

174 33 f. (6) If the total storage capacity is more than four

174 34 million seven hundred fifty thousand bushels, but not more

174 35 than nine million five hundred thousand bushels, the fee is
Senate File 449 - Introduced continued
175 1 three hundred seventy=four dollars.

175 2 g. (7) If the total storage capacity is more than nine

175 3 million five hundred thousand bushels, the fee is four hundred

175 4 forty dollars.

175 5 2. b. For the issuance or renewal of a warehouse license

175 6 for the storage of products other than bulk grain, the fee

175 7 shall be determined as follows:

175 8 a. (1) For intended storage of products of a value of one

175 9 hundred thousand dollars or less, a fee of sixty dollars.

175 10 b. (2) For intended storage of products of a value

175 11 greater than one hundred thousand dollars but not greater than

175 12 three hundred thousand dollars, a fee of one hundred dollars.

175 13 c. (3) For intended storage of products of a value in

175 14 excess of three hundred thousand dollars, a fee of two hundred

175 15 dollars.

175 16 c. For each inspection of a warehouse or station for the

175 17 purpose of licensing, a fee of twenty=five dollars, and for

175 18 each additional warehouse or station under the same license, a

175 19 fee of ten dollars.

175 20 3. d. For each amendment of a license, a fee of ten

175 21 dollars.

175 22 4. e. For each amendment of a tariff, a fee of ten

175 23 dollars.

175 24 5. f. For a duplicate license, a fee of five dollars.

175 25 6. g. For the reinstatement of a license, a fee of fifty

175 26 dollars.

175 27 2. New Fees for new licenses issued for less than a year

175 28 shall be prorated from the date of application.

175 29 Sec. 213. Section 216.19, Code 2009, is amended to read as

175 30 follows:

175 31 216.19 LOCAL LAWS IMPLEMENTING THIS CHAPTER.

175 32 1. All cities shall, to the extent possible, protect the


175 33 rights of the citizens of this state secured by the Iowa civil

175 34 rights Act. Nothing in this chapter shall be construed as

175 35 indicating an any of the following:


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176 1 a. An intent on the part of the general assembly to occupy

176 2 the field in which this chapter operates to the exclusion of

176 3 local laws not inconsistent with this chapter that deal with

176 4 the same subject matter.

176 5 b. Nothing in this chapter shall be construed as

176 6 indicating an An intent to prohibit an agency or commission of

176 7 local government having as its purpose the investigation and

176 8 resolution of violations of this chapter from developing

176 9 procedures and remedies necessary to insure the protection of

176 10 rights secured by this chapter. All cities shall, to the

176 11 extent possible, protect the rights of the citizens of this

176 12 state secured by the Iowa civil rights Act. Nothing in this

176 13 chapter shall be construed as limiting

176 14 c. Limiting a city or local government from enacting any

176 15 ordinance or other law which prohibits broader or different

176 16 categories of unfair or discriminatory practices.

176 17 2. An agency or commission of local government and the


176 18 Iowa civil rights commission shall cooperate in the sharing of

176 19 data and research, and coordinating investigations and

176 20 conciliations in order to expedite claims of unlawful

176 21 discrimination and eliminate needless duplication. A city

176 22 with a population of twenty=nine thousand, or greater, shall

176 23 maintain an independent local civil rights agency or

176 24 commission consistent with commission rules adopted pursuant

176 25 to chapter 17A. An agency or commission for which a staff is

176 26 provided shall have control over such staff. A city required

176 27 to maintain a local civil rights agency or commission shall

176 28 structure and adequately fund the agency or commission in

176 29 order to effect cooperative undertakings with the Iowa civil

176 30 rights commission and to aid in effectuating the purposes of

176 31 this chapter.

176 32 3. An agency or commission of local government and the



176 33 Iowa civil rights commission shall cooperate in the sharing of

176 34 data and research, and coordinating investigations and

176 35 conciliations in order to expedite claims of unlawful

Senate File 449 - Introduced continued
177 1 discrimination and eliminate needless duplication. The Iowa

177 2 civil rights commission may enter into cooperative agreements

177 3 with any local agency or commission to effectuate the purposes

177 4 of this chapter. Such agreements may include technical and

177 5 clerical assistance and reimbursement of expenses incurred by

177 6 the local agency or commission in the performance of the

177 7 agency's or commission's duties if funds for this purpose are

177 8 appropriated by the general assembly.

177 9 4. The Iowa civil rights commission may designate an

177 10 unfunded local agency or commission as a referral agency. A

177 11 local agency or commission shall not be designated a referral

177 12 agency unless the ordinance creating it provides the same

177 13 rights and remedies as are provided in this chapter. The Iowa

177 14 civil rights commission shall establish by rules the

177 15 procedures for designating a referral agency and the

177 16 qualifications to be met by a referral agency.

177 17 5. The Iowa civil rights commission may adopt rules

177 18 establishing the procedures for referral of complaints. A

177 19 referral agency may refuse to accept a case referred to it by


177 20 the Iowa civil rights commission if the referral agency is

177 21 unable to effect proper administration of the complaint. It

177 22 shall be the burden of the referral agency to demonstrate that

177 23 it is unable to properly administer that complaint.

177 24 6. A complainant who files a complaint with a referral

177 25 agency having jurisdiction shall be prohibited from filing a

177 26 complaint with the Iowa civil rights commission alleging

177 27 violations based upon the same acts or practices cited in the

177 28 original complaint; and a complainant who files a complaint

177 29 with the commission shall be prohibited from filing a

177 30 complaint with the referral agency alleging violations based

177 31 upon the same acts or practices cited in the original

177 32 complaint. However, the Iowa civil rights commission in its

177 33 discretion may refer a complaint filed with the commission to

177 34 a referral agency having jurisdiction over the parties for

177 35 investigation and resolution; and a referral agency in its
Senate File 449 - Introduced continued

178 1 discretion may refer a complaint filed with that agency to the

178 2 commission for investigation and resolution. The commission


178 3 may adopt rules establishing the procedures for referral of

178 4 complaints. A referral agency may refuse to accept a case

178 5 referred to it by the Iowa civil rights commission if the

178 6 referral agency is unable to effect proper administration of

178 7 the complaint. It shall be the burden of the referral agency

178 8 to demonstrate that it is unable to properly administer that

178 9 complaint.

178 10 7. A final decision by a referral agency shall be subject

178 11 to judicial review as provided in section 216.17 in the same

178 12 manner and to the same extent as a final decision of the Iowa

178 13 civil rights commission.

178 14 8. The referral of a complaint by the Iowa civil rights

178 15 commission to a referral agency or by a referral agency to the

178 16 Iowa civil rights commission shall not affect the right of a

178 17 complainant to commence an action in the district court under

178 18 section 216.16.

178 19 Sec. 214. Section 222.31, Code 2009, is amended to read as

178 20 follows:

178 21 222.31 COMMITMENT == LIABILITY FOR CHARGES.

178 22 1. If in the opinion of the court, or of a commission as

178 23 authorized in section 222.28, the person is mentally retarded

178 24 within the meaning of this chapter and the court determines

178 25 that it will be conducive to the welfare of that person and of

178 26 the community to commit the person to a proper institution for

178 27 treatment, training, instruction, care, habilitation, and

178 28 support, and that services or support provided to the family

178 29 of such a person who is a child will not enable the family to

178 30 continue to care for the child in the child's home, the court

178 31 shall by proper order:

178 32 1. a. Commit the person to any public or private facility

178 33 within or without the state, approved by the director of the

178 34 department of human services. If the person has not been

178 35 examined by a commission as appointed in section 222.28, the
Senate File 449 - Introduced continued
179 1 court shall, prior to issuing an order of commitment, appoint

179 2 such a commission to examine the person for the purpose of

179 3 determining the mental condition of the person. No order of

179 4 commitment shall be issued unless the commission shall

179 5 recommend that such order be issued and the private

179 6 institution to which the person is to be committed shall

179 7 advise the court that it is willing to receive the person.

179 8 2. b. (1) Commit the person to the state resource center

179 9 designated by the administrator to serve the county in which

179 10 the hearing is being held, or to a special unit. The court

179 11 shall, prior to issuing an order of commitment, request that a

179 12 diagnostic evaluation of the person be made by the

179 13 superintendent of the resource center or the special unit, or

179 14 the superintendent's qualified designee. The evaluation shall

179 15 be conducted at a place as the superintendent may direct. The

179 16 cost of the evaluation shall be defrayed by the county of

179 17 legal settlement unless otherwise ordered by the court. The

179 18 cost may be equal to but shall not exceed the actual cost of

179 19 the evaluation. Persons referred by a court to a resource

179 20 center or the special unit for diagnostic evaluation shall be

179 21 considered as outpatients of the institution. No order of

179 22 commitment shall be issued unless the superintendent of the

179 23 institution recommends that the order be issued, and advises

179 24 the court that adequate facilities for the care of the person

179 25 are available.

179 26 (2) The court shall examine the report of the county

179 27 attorney filed pursuant to section 222.13, and if the report

179 28 shows that neither the person nor those liable for the

179 29 person's support under section 222.78 are presently able to

179 30 pay the charges rising out of the person's care in the a

179 31 resource center, or special treatment unit, shall enter an

179 32 order stating that finding and directing that the charges be

179 33 paid by the person's county of residence. The court may, upon

179 34 request of the board of supervisors, review its finding at any

179 35 subsequent time while the person remains at the resource
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180 1 center, or is otherwise receiving care or treatment for which

180 2 this chapter obligates the county to pay. If the court finds

180 3 upon review that the person or those legally responsible for

180 4 the person are presently able to pay the expenses, that

180 5 finding shall apply only to the charges incurred during the

180 6 period beginning on the date of the board's request for the

180 7 review and continuing thereafter, unless and until the court

180 8 again changes its finding. If the court finds that the

180 9 person, or those liable for the person's support, are able to

180 10 pay the charges, the court shall enter an order directing that

180 11 the charges be so paid to the extent required by section

180 12 222.78.

180 13 3. 2. In its order, the court shall include a finding as

180 14 to whether the person has sufficient mental capacity to

180 15 comprehend and exercise the right to vote.

180 16 Sec. 215. Section 222.36, Code 2009, is amended to read as

180 17 follows:

180 18 222.36 CUSTODY PENDING ADMISSION.

180 19 If a resource center or a special unit is unable to

180 20 immediately receive a person committed under section 222.31,

180 21 subsection 2 1, paragraph "b", the superintendent shall notify

180 22 the court of the time when such person may be received. In

180 23 the meantime, said person shall be cared for under such order

180 24 as the court may enter.

180 25 Sec. 216. Section 222.59, subsection 3, paragraph b, Code

180 26 2009, is amended to read as follows:

180 27 b. That the patient's commitment is still appropriate but

180 28 the patient should be transferred to another public or private

180 29 facility in accordance with the provisions of section 222.31,

180 30 subsection 1, paragraph "a".

180 31 Sec. 217. Section 231.32, subsection 2, Code 2009, is

180 32 amended to read as follows:

180 33 2. The commission shall designate an area agency to serve

180 34 each planning and service area, after consideration of the

180 35 views offered by units of general purpose local government.
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181 1 An area agency may be:

181 2 a. An established office of aging which is operating

181 3 within a planning and service area designated by the

181 4 commission.

181 5 b. Any office or agency of a unit of general purpose local

181 6 government, which is designated for the purpose of serving as

181 7 an area agency by the chief elected official of such unit.

181 8 c. Any office or agency designated by the appropriate

181 9 chief elected officials of any combination of units of general

181 10 purpose local government to act on behalf of the combination

181 11 for such purpose.

181 12 d. Any public or nonprofit private agency in a planning

181 13 and service area or any separate organizational unit within

181 14 such agency which is under the supervision or direction for

181 15 this purpose of the department of elder affairs and which can

181 16 engage in the planning or provision of a broad range of

181 17 supportive services or nutrition services within the planning

181 18 and service area.

181 19 Each area agency shall provide assurance, determined

181 20 adequate by the commission, that the area agency has the


181 21 ability to develop an area plan and to carry out, directly or

181 22 through contractual or other arrangements, a program in

181 23 accordance with the plan within the planning and service area.

181 24 In designating an area agency on aging within the planning and

181 25 service area, the commission shall give preference to an

181 26 established office of aging, unless the commission finds that

181 27 no such office within the planning and service area has the

181 28 capacity to carry out the area plan.

181 29 Sec. 218. Section 231.32, Code 2009, is amended by adding

181 30 the following new subsection:

181 31 NEW SUBSECTION. 4. Each area agency shall provide

181 32 assurance, determined adequate by the commission, that the

181 33 area agency has the ability to develop an area plan and to

181 34 carry out, directly or through contractual or other

181 35 arrangements, a program in accordance with the plan within the


Senate File 449 - Introduced continued

182 1 planning and service area. In designating an area agency on

182 2 aging within the planning and service area, the commission

182 3 shall give preference to an established office of aging,

182 4 unless the commission finds that no such office within the

182 5 planning and service area has the capacity to carry out the

182 6 area plan.

182 7 Sec. 219. Section 232.52, subsection 2, paragraphs a and

182 8 c, Code 2009, are amended to read as follows:

182 9 a. An order prescribing one or more of the following:

182 10 (1) A work assignment of value to the state or to the

182 11 public.

182 12 (2) Restitution consisting of monetary payment or a work

182 13 assignment of value to the victim.

182 14 (3) If the child is fourteen years of age or older,

182 15 restitution consisting of monetary payment or a work

182 16 assignment of value to the county or to the public for fees of

182 17 attorneys appointed to represent the child at public expense

182 18 pursuant to section 232.11.

182 19 (4) The suspension or revocation of the driver's license

182 20 or operating privilege of the child, for a period of one year,

182 21 for the commission of delinquent acts which are a violation of

182 22 any of the following:

182 23 (a) Section 123.46.

182 24 (b) Section 123.47 regarding the purchase or attempt to

182 25 purchase of alcoholic beverages.

182 26 (c) Chapter 124.




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