General Assembly: 83 (2010 Regular GA) - Chapter 1175 - Extensions of length of probation periods


Published: 2010-04-27

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CH. 1174 LAWS OF THE EIGHTY-THIRD G.A., 2010 SESSION 594

(2) Develop, in consultation with the department of veterans affairs, the department of education, the department of workforce development, the United States department of veterans affairs, and the United States department of labor, the following: (a) Programs to inform disabled veterans returning to the state after active federal service

about federally funded job training opportunities in state government, pursuant to 38 U.S.C. ch. 31. (b) State government job training programs for disabled veterans that qualify for federal

funding from the United States department of veterans affairs. (c) A noncompetitive hiring program for disabled veterans who satisfactorily complete a

federally funded job training program approved by the United States department of veterans affairs. The disabled veteran shall have trained in the class of positions for which the disabled veteran is to be noncompetitively appointed.

Approved April 27, 2010

CHAPTER 1175 EXTENSIONS OF LENGTH OF PROBATION PERIODS

H.F. 2377

AN ACT relating to extending a period of probation and including applicability provisions.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 907.7, subsection 1, Code 2009, is amended to read as follows: 1. The length of the probation shall be for a term period as the court shall fix but not to

exceed five years if the offense is a felony or not to exceed two years if the offense is a misdemeanor. The period of probation may be extended for up to one year including one year beyond the maximum period as provided in section 908.11.

Sec. 2. Section 908.11, subsection 4, Code 2009, is amended to read as follows: 4. If the violation is established, the court may continue the probation or youthful

offender status with or without an alteration of the conditions of probation or a youthful offender status. If the defendant is an adult or a youthful offender the court may hold the defendant in contempt of court and sentence the defendant to a jail term while continuing the probation or youthful offender status, order the defendant to be placed in a violator facility established pursuant to section 904.207 while continuing the probation or youthful offender status, extend the term of probation for up to one year as authorized in section 907.7 while continuing the probation or youthful offender status, or revoke the probation or youthful offender status and require the defendant to serve the sentence imposed or any lesser sentence, and, if imposition of sentence was deferred, may impose any sentence which might originally have been imposed.

Sec. 3. Section 910.4, subsection 1, paragraph b, subparagraph (1), Code 2009, is amended to read as follows: (1) If the court extends the period of probation, it the period of probation shall not be

for more than the maximum period of probation for the offense committed except for an extension of a period of probation as provided authorized in section 907.7. After discharge from probation or after the expiration of the period of probation, as extended if applicable, the failure of an offender to comply with the plan of restitution ordered by the court shall constitute contempt of court.

595 LAWS OF THE EIGHTY-THIRD G.A., 2010 SESSION CH. 1176

Sec. 4. APPLICABILITY. This Act applies to criminal offenses committed on or after July 1, 2010.

Approved April 28, 2010

CHAPTER 1176 RATE-REGULATED PUBLIC UTILITIES AND NUCLEAR GENERATING FACILITIES

H.F. 2399

AN ACT requiring certain rate-regulated public utilities to undertake analyses of and preparation for the possible construction of low carbon emitting nuclear generating facilities in this state, permitting all rate-regulated public utilities to make significant alterations to an existing generating facility, and including effective date provisions.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 476.6, Code Supplement 2009, is amended by adding the following new subsection: NEW SUBSECTION. 22. a. It is the intent of the general assembly to require certain

rate-regulated public utilities to undertake analyses of and preparations for the possible construction of nuclear generating facilities in this state that would be beneficial in a carbon-constrained environment. b. A rate-regulated electric utility that was subject to a revenue sharing settlement

agreement with regard to its electric base rates as of January 1, 2010, shall recover, through a rider and pursuant to a tariff filing made on or before December 31, 2013, the reasonable and prudent costs of its analyses of and preparations for the possible construction of facilities of the type referenced in paragraph “a”. Cost recovery shall be accomplished by instituting a revenue increase applied in the same percentage amount to each customer class and not designed to recover, on an annual basis, more than five-tenths percent of the electric utility’s calendar year 2009 revenues attributable to billed base rates in this state. At the conclusion of the cost recovery period, which shall extend no more than thirty-six months in total, the board shall conduct a contested case proceeding pursuant to chapter 17A to evaluate the reasonableness and prudence of the cost recovery. The utility shall file such information with the board as the board deems appropriate, including the filing of an annual report identifying and explaining expenditures identified in the rider as items for cost recovery, and any other information required by the board. If the board determines that the utility has imprudently incurred costs, or has incurred costs that are less than the amount recovered, the board shall order the utility to modify the rider to adjust the amount recoverable. c. Costs that may be recovered through the rider described in paragraph “b” shall be

consistent with the United States nuclear regulatory guide, section 4.7, general site suitability criteria for nuclear power stations, revision two, April 1998, including costs related to the study and use of sites for nuclear generation.

Sec. 2. Section 476.53, Code 2009, is amended to read as follows: 476.53 Electric generating and transmission facilities. 1. It is the intent of the general assembly to attract the development of electric power

generating and transmission facilities within the state in sufficient quantity to ensure reliable electric service to Iowa consumers and provide economic benefits to the state. It is also the intent of the general assembly to encourage rate-regulated public utilities to consider altering existing electric generating facilities, where reasonable, to manage carbon emission intensity in order to facilitate the transition to a carbon-constrained environment. 2. a. The general assembly’s intent with regard to the development of electric power

generating and transmission facilities, or the significant alteration of an existing generating