General Assembly: 74 (1992 Regular GA) - Chapter 1186 - Unlawful commercialization of wildlife


Published: 1992-04-29

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377 LA WS OF THE SEVENTY -FOURTH G.A., 1992 SESSION CH. 1186

2. The Code editor shall title section 467 A.48 "Mandatory Establishment of Soil and Water Conservation Practices".

3. The Code editor is directed to transfer section 467 A.65, relating to agricultural land under conservation cover, into chapter 467A, division V, part 2, as created in this Act, and change internal references as necessary.

Approved April 29, 1992

CHAPTER 1185 POLITICAL SUBDIVISIONS - BANKRUPTCY

H.F.2372

AN ACT permitting a political subdivision to become a debtor under chapter 9 of the federal bankruptcy code under certain circumstances.

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

Section 1. NEW SECTION. 76.16A DEBTOR STATUS PERMITTED - CIRCUM- STANCES.

A city, county, or other political subdivision may become a debtor under chapter 9 of the federal Bankruptcy Code, 11 U.S.C. § 901 et seq., if it is rendered insolvent, as defined in 11 U.S.C. § 101(32)(c), as a result of a debt involuntarily incurred. As used herein, "debt" means an obligation to pay money, other than pursuant to a valid and binding collective bargaining agreement or previously authorized bond issue, as to which the governing body of the city, county, or other political subdivision has made a specific finding set forth in a duly adopted resolution of each of the following:

1. That all or a portion of such obligation will not be paid from available insurance proceeds and must be paid from an increase in general tax levy.

2. That such increase in the general tax levy will result in a severe, adverse impact on the ability of the city, county, or political subdivision to exercise the powers granted to it under applicable law, including without limitation providing necessary services and promoting eco- nomic development.

3. That as a result of such obligation, the city, county, or other political subdivision is una- ble to pay its debts as they become due.

4. That the debt is not an obligation to pay money to a city, county, entity organized pur- suant to chapter 28E, or other political subdivision.

Approved April 29, 1992

CHAPTER 1186 UN LA WFUL COMMERCIALIZATION OF WILDLIFE

H.F.2382

AN ACT relating to the purchase or sale of wild animals illegally taken, transported, or possessed by a person, and subjecting violators to a criminal and a civil penalty.

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

Section 1. Section 109.1, Code 1991, is amended by adding the following new subsections:

CH. 1186 LA WS OF THE SEVENTY -FOURTH G.A .• 1992 SESSION 378

NEW SUBSECTION. 27. "Buy" means to purchase. offer to purchase. barter for. trade for. or lease.

NEW SUBSECTION. 28. "Wild animal" means a wild mammal. bird. fish. amphibian. rep- tile. or other wildlife found in this state. whether game or nongame. migratory or nonmigra- tory. the ownership and title to which is claimed by this state.

Sec. 2. Section 109.130. subsection 7. Code 1991. is amended to read as follows: 7. For each deer. se-veft one thousand five hundred fifty dollars.

Sec. 3. NEW SECTION. 109.136 UNLAWFUL COMMERCIALIZATION OF WILDLIFE - PENALTY.

1. A person shall not buy or sell a wild animal or part of a wild animal if the wild animal is taken. transported. or possessed in violation of the laws of this state. or a rule adopted by the department.

2. A person violating subsection 1 is guilty of an* serious misdemeanor.

Approved April 29. 1992

CHAPTER 1187 EDUCATIONAL FINANCE

H.F.2412

AN ACT relating to educational finance matters.

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

Section 1. Section 11.6. subsection 1. unnumbered paragraph 1. Code Supplement 1991. is amended to read as follows:

The financial condition and transactions of all cities and city offices. counties. county hospi- tals organized under chapters 347 and 347 A. memorial hospitals organized under chapter 37. entities organized under chapter 28E having gross receipts in excess of one hundred thousand dollars in a fiscal year. merged areas. area education agencies. and all school offices in school districts. shall be examined at least once each year. except that cities having a population of seven hundred or more but less than two thousand shall be examined at least once every four years. and cities having a population of less than seven hundred may be examined as other- wise provided in this section. The examination shall cover the fiscal year next preceding the year in which the audit is conducted. The examination of school offices shall include an audit of all school funds. the certified annual financial report. and the certified enrollment as provided in section 257.11. Examinations of community colleges shall include an audit of eligible and noneligible contact hours as defined in section 286A.2. Eligible and noneligible contact hours and the any differences ~ certified enrollment shall be eeFtifiea reported to the department of management.

Sec. 2. Section 257.6. subsection 1. Code 1991. is amended by adding the following new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. The department of management shall adjust the enrollment of the school district for the audit year based upon reports filed under section 11.6. and shall further adjust the budget of the second year succeeding the audit year for the prop- erty tax and state aid portions of the reported differences in enrollments for the year succeed- ing the audit year.

Sec. 3. Section 257.29. Code 1991. is amended by adding the following new unnumbered paragraph:

• According to enrolled Act