Text: H04193                            Text: H04195
Text: H04100 - H04199                   Text: H Index
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House Amendment 4194

Amendment Text

PAG LIN
  1  1    Amend Senate File 486, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 3, by inserting after line 17 the
  1  4 following:
  1  5    "Sec. 100.  Section 260E.3, subsection 6, as
  1  6 enacted by 1995 Iowa Acts, House File 519, is amended
  1  7 by striking the subsection."
  1  8    #2.  Page 4, by inserting after line 23 the
  1  9 following:
  1 10    "Sec.    .  Section 25.1, Code 1995, is amended to
  1 11 read as follows:
  1 12    25.1  RECEIPT, INVESTIGATION, AND REPORT.
  1 13    When a claim is filed or made against the state, on
  1 14 which in the judgment of the director of management
  1 15 the state would be liable except for the fact of its
  1 16 sovereignty or which has no appropriation available
  1 17 for its payment, the director of management shall
  1 18 deliver that claim to the state appeal board.  The
  1 19 state appeal board shall make a record of the receipt
  1 20 of that claim and forthwith deliver it, notify the
  1 21 special assistant attorney general for claims, and
  1 22 deliver a copy to the state official or agency against
  1 23 whom the claim is made, if any.  The official or
  1 24 agency shall report concerning the claim to the
  1 25 special assistant attorney general for claims who
  1 26 shall, with a view to determining the merits and
  1 27 legality of it the claim, fully shall investigate the
  1 28 claim, including the facts upon which it is based and
  1 29 report in duplicate the findings and conclusions of
  1 30 law the investigation to the state appeal board.  To
  1 31 help defray the initial costs of processing a claim
  1 32 and the costs of investigating a claim, the department
  1 33 of management may assess a processing fee and a fee to
  1 34 reimburse the office of the attorney general for the
  1 35 costs of the claim investigation against the state
  1 36 agency which incurred the liability of the claim.
  1 37    Sec.    .  Section 25.2, Code 1995, is amended to
  1 38 read as follows:
  1 39    25.2  EXAMINATION OF REPORT &endash; APPROVAL OR
  1 40 REJECTION &endash; PAYMENT.
  1 41    The state appeal board with the recommendation of
  1 42 the special assistant attorney general for claims may
  1 43 approve or reject claims against the state of less
  1 44 than ten years covering the following:  Outdated
  1 45 outdated warrants; outdated sales and use tax refunds;
  1 46 license refunds; additional agricultural land tax
  1 47 credits; outdated invoices; fuel and gas tax refunds;
  1 48 outdated homestead and veterans' exemptions; outdated
  1 49 funeral service claims; tractor fees; registration
  1 50 permits; outdated bills for merchandise; services
  2  1 furnished to the state; claims by any county or county
  2  2 official relating to the personal property tax credit;
  2  3 and refunds of fees collected by the state.  Payments
  2  4 authorized by the state appeal board shall be paid
  2  5 from the appropriation or fund of original
  2  6 certification of the claim.  However, if that
  2  7 appropriation or fund has since reverted under section
  2  8 8.33 then such payment authorized by the state appeal
  2  9 board shall be out of any money in the state treasury
  2 10 not otherwise appropriated.  Notwithstanding the
  2 11 provisions of this section and section 25.1, the state
  2 12 appeal board may promulgate rules pursuant to chapter
  2 13 17A which delegate the authority of the board to
  2 14 approve certain claims as defined in this section to
  2 15 the agency against whom the claim is made or the
  2 16 director of revenue and finance may reissue outdated
  2 17 warrants."
  2 18    #3.  Page 5, by inserting after line 26 the
  2 19 following:
  2 20    "Sec.    .  Section 421.38, subsection 1, Code
  2 21 1995, is amended to read as follows:
  2 22    1.  THREE MONTHS LIMIT.  A claim shall not be
  2 23 allowed by the department of revenue and finance if
  2 24 the claim is presented after the lapse of three months
  2 25 from its accrual or after the appropriation or fund of
  2 26 certification has been exhausted or proves
  2 27 insufficient, whichever is later.  However, this time
  2 28 limit is subject to the following exceptions:
  2 29    a.  Claims by state employees for benefits pursuant
  2 30 to chapters 85, 85A, and 86 are subject to limitations
  2 31 provided in those chapters.
  2 32    b.  Claims for medical assistance payments
  2 33 authorized under chapter 249A are subject to the time
  2 34 limits imposed by rule adopted by the department.
  2 35    c.  Claims defined in section 25.2 as delegated by
  2 36 the state appeal board pursuant to rule."
  2 37    #4.  Page 5, by inserting after line 29 the
  2 38 following:
  2 39    "Sec.    .  EFFECTIVE DATE.  Section 100, being
  2 40 deemed of immediate importance, takes effect upon
  2 41 enactment."
  2 42    #5.  By renumbering, relettering, or redesignating
  2 43 and correcting internal references as necessary.  
  2 44 
  2 45 
  2 46                              
  2 47 COMMITTEE ON APPROPRIATIONS
  2 48 MILLAGE of Scott, Chairperson
  2 49 SF 486.704 76
  2 50 mg/sc
     

Text: H04193                            Text: H04195
Text: H04100 - H04199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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