General Assembly: 81 (2006 Regular GA) - Chapter 1122 - Law enforcement agency electronic mail and telephone billing records


Published: 2006-05-24

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317 LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSION CH. 1122

or subdivision thereof, any consideration received by the holder for such lease, interest, right or agreement, shall not be deemed a charge within the meaning of this section.

Sec. 8. Section 461C.7, subsection 2, Code 2005, is amended to read as follows: 2. Relieve any person using the land of another for recreational purposes or urban deer con-

trol from any obligation which the person may have in the absence of this chapter to exercise care in the use of such land and in the person’s activities thereon, or from the legal conse- quences of failure to employ such care.

Sec. 9. NEWSECTION. 461C.8 URBANDEERCONTROL—MUNICIPALORDINANCE. 1. A municipality may adopt an ordinance authorizing trained, volunteer hunters to hunt

deerwith a bowandarrowon private landwithin themunicipality,without charge, for the pur- pose of urban deer control. 2. The ordinance shall specify all of the following: a. How a person qualifies to participate in urban deer control. b. Where urban deer control can occur. c. Conditions under which urban deer control can be conducted, which are intended to

minimize the risk of injury to persons and property. 3. A hunter who participates in urban deer control pursuant to this section shall be other-

wise qualified to hunt deer in this state, have a hunting license and pay thewildlife habitat fee, and obtain a special deer hunting license valid only for the dates, locations, and type of deer specified on the license. Special deer hunting licenses issued pursuant to this section shall be available only to residents and shall cost the same as deer hunting licenses issued during gen- eral deer seasons. The commission may establish procedures for issuing more than one li- cense per person as necessary to achieve the purposes of urban deer control, and the cost of each additional license shall be ten dollars. 4. An urban deer control ordinance is not effective until it has been approved by the depart-

ment of natural resources. 5. The department of natural resources shall adopt rules in accordance with chapter 17A

necessary for the administration of this section.

Approved May 24, 2006

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CH. 1122CH. 1122

CHAPTER 1122

LAW ENFORCEMENT AGENCY ELECTRONIC MAIL AND TELEPHONE BILLING RECORDS

H.F. 2562

AN ACT to make electronic mail and telephone billing records of law enforcement agencies confidential if that information is part of an investigation.

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

Section 1. Section 22.7, subsection 5, Code Supplement 2005, is amended to read as fol- lows: 5. Peace officers’ investigative reports, and specific portions of electronic mail and tele-

phone billing records of law enforcement agencies if that information is part of an ongoing in- vestigation, except where disclosure is authorized elsewhere in this Code. However, the date,

318LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSIONCH. 1122

time, specific location, and immediate facts and circumstances surrounding a crime or inci- dent shall not be kept confidential under this section, except in those unusual circumstances where disclosure would plainly and seriously jeopardize an investigation or pose a clear and present danger to the safety of an individual. Specific portions of electronic mail and tele- phone billing records may be kept confidential under this subsection only for as long as the statute of limitations would have run on a respective crime that is under investigation.

Approved May 24, 2006

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CH. 1123CH. 1123

CHAPTER 1123

MULTIDIMENSIONAL TREATMENT LEVEL FOSTER CARE PROGRAM

H.F. 2567

AN ACT creating a multidimensional treatment level foster care program.

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

Section 1. MULTIDIMENSIONAL TREATMENT LEVEL FOSTER CARE PROGRAM. 1. PURPOSE. The department of human services shall establish a multidimensional treat-

ment level foster care program on a pilot project basis in accordance with this section. The purpose of the multidimensional treatment level foster care program is to provide a family- based treatment and support program for children who are transitioning from a psychiatric medical institution for children to a family foster care placement while preparing for family reunification. 2. DEFINITIONS. For the purposes of this section: a. “Department” means the department of human services. b. “Family foster care”means foster care provided by an individual person or amarried cou-

plewho is licensed under chapter 237 to provide child foster care in a single-family home envi- ronment. c. “Multidimensional treatment level foster care program” or “treatment program” means

the program established pursuant to this section. d. “Psychiatric institution”means a psychiatricmedical institution for children licensed un-

der chapter 135H. 3. ELIGIBILITY. A child is eligible for the treatment program if at the time of discharge

from a psychiatric institution the child is unable to return to the child’s family home and one of the following conditions is applicable: a. The child has treatment issueswhich cause the child to be at high risk of failing in a foster

care placement unless targeted support services are provided. b. The child has had multiple previous out-of-home placements. 4. ELIGIBILITY DETERMINATION. Children who are potentially eligible for a treatment

program shall be identified by the administrator of a treatment program at the time of the child’s admission toapsychiatric institution. In order tobeadmitted to the treatment program, the treatment program administrator must determine the child has a need that can be met by the program, the child can be placed with an appropriate family foster care provider, and ap- propriate services to support the child are available in the family foster care placement. The determination shall bemade in coordinationwith the child’s family, department staff, and oth- er persons involved with decision making for the child’s out-of-home placement.