Text: S03689 Text: S03691 Text: S03600 - S03699 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, S-3689, to the House 1 2 amendment, S-3684, to Senate File 484, as amended, 1 3 passed, and reprinted by the Senate, as follows: 1 4 #1. By striking page 1, line 1, through page 37, 1 5 line 14, and inserting the following: 1 6 "Amend the House amendment, S-3684, to Senate File 1 7 484, as amended, passed, and reprinted by the Senate, 1 8 as follows: 1 9 "# . By striking page 1, line 1, through page 1 10 19, line 2, and inserting the following: 1 11 "Amend Senate File 484, as amended, passed, and 1 12 reprinted by the Senate, as follows: 1 13 "# . By striking everything after the enacting 1 14 clause and inserting the following: 1 15 "Section 1. AUDITOR OF STATE. There is 1 16 appropriated from the general fund of the state to the 1 17 office of the auditor of state for the fiscal year 1 18 beginning July 1, 1995, and ending June 30, 1996, the 1 19 following amount, or so much thereof as is necessary, 1 20 to be used for the purposes designated: 1 21 For salaries, support, maintenance, miscellaneous 1 22 purposes, and for not more than the following full- 1 23 time equivalent positions: 1 24 .................................................. $ 1,310,549 1 25 ............................................... FTEs 112.50 1 26 The auditor of state may retain additional full- 1 27 time equivalent positions as is reasonable and 1 28 necessary to perform governmental subdivision audits 1 29 which are reimbursable pursuant to section 11.20 or 1 30 11.21, to perform audits which are requested by and 1 31 reimbursable from the federal government, and to 1 32 perform work requested by and reimbursable from 1 33 departments or agencies pursuant to section 11.5A or 1 34 11.5B. The auditor of state shall notify the 1 35 department of management, the legislative fiscal 1 36 committee, and the legislative fiscal bureau of the 1 37 additional full-time equivalent positions retained. 1 38 Sec. 2. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. 1 39 There is appropriated from the general fund of the 1 40 state to the Iowa ethics and campaign disclosure board 1 41 for the fiscal year beginning July 1, 1995, and ending 1 42 June 30, 1996, the following amount, or so much 1 43 thereof as is necessary, for the purposes designated: 1 44 For salaries, support, maintenance, miscellaneous 1 45 purposes, and for not more than the following full- 1 46 time equivalent positions: 1 47 .................................................. $ 375,786 1 48 ............................................... FTEs 8.00 1 49 Sec. 3. DEPARTMENT OF COMMERCE. There is 1 50 appropriated from the general fund of the state to the 2 1 department of commerce for the fiscal year beginning 2 2 July 1, 1995, and ending June 30, 1996, the following 2 3 amounts, or so much thereof as is necessary, for the 2 4 purposes designated: 2 5 1. PROFESSIONAL LICENSING AND REGULATION DIVISION 2 6 For salaries, support, maintenance, miscellaneous 2 7 purposes, and for not more than the following full- 2 8 time equivalent positions: 2 9 .................................................. $ 897,802 2 10 ............................................... FTEs 14.00 2 11 It is the intent of the general assembly that each 2 12 examining and licensing board or commission created 2 13 under chapters 542B, 542C, 543B, 543D, 544A, and 544B 2 14 shall provide that the fees assessed for licensing do 2 15 not exceed the operating costs of services provided by 2 16 each board or commission. 2 17 2. ADMINISTRATIVE SERVICES DIVISION 2 18 For salaries, support, maintenance, miscellaneous 2 19 purposes, and for not more than the following full- 2 20 time equivalent positions: 2 21 .................................................. $ 211,586 2 22 ............................................... FTEs 2.00 2 23 It is the intent of the general assembly that the 2 24 two positions authorized in this subsection for the 2 25 division shall coordinate the administrative services 2 26 to be provided to the divisions in the department. 2 27 These two positions are under the direct supervision 2 28 of, and shall report to, the director of the 2 29 department. 2 30 The division of administrative services shall 2 31 assess each division within the department of commerce 2 32 and the office of consumer advocate within the 2 33 department of justice a pro rata share of the 2 34 operating expenses of the division of administrative 2 35 services. The pro rata share shall be determined 2 36 pursuant to a cost allocation plan established by the 2 37 division of administrative services and agreed to by 2 38 the administrators of the divisions and the consumer 2 39 advocate. To the extent practicable, the cost 2 40 allocation plan shall be based on the proportion of 2 41 the administrative expenses incurred on behalf of each 2 42 division and the office of consumer advocate. Each 2 43 division and the office of consumer advocate shall 2 44 include in its charges assessed or revenues generated, 2 45 an amount sufficient to cover the amount stated in its 2 46 appropriation, any state assessed indirect costs 2 47 determined by the department of revenue and finance, 2 48 and the cost of services provided by the division of 2 49 administrative services. 2 50 3. ALCOHOLIC BEVERAGES DIVISION 3 1 For salaries, support, maintenance, miscellaneous 3 2 purposes, and for not more than the following full- 3 3 time equivalent positions: 3 4 .................................................. $ 1,861,105 3 5 ............................................... FTEs 33.50 3 6 4. BANKING DIVISION 3 7 For salaries, support, maintenance, miscellaneous 3 8 purposes, and for not more than the following full- 3 9 time equivalent positions: 3 10 .................................................. $ 5,375,058 3 11 ............................................... FTEs 84.00 3 12 5. CREDIT UNION DIVISION 3 13 For salaries, support, maintenance, miscellaneous 3 14 purposes, and for not more than the following full- 3 15 time equivalent positions: 3 16 .................................................. $ 1,047,066 3 17 .............................................. FTEs 20.00 3 18 6. INSURANCE DIVISION 3 19 For salaries, support, maintenance, miscellaneous 3 20 purposes, and for not more than the following full- 3 21 time equivalent positions: 3 22 .................................................. $ 2,924,482 3 23 ............................................... FTEs 91.50 3 24 Of the amounts appropriated in this section to the 3 25 insurance division, not more than $100,000 shall be 3 26 used for the regulation of health insurance purchasing 3 27 cooperatives. 3 28 The insurance division shall monitor public 3 29 utilization of the coverages identified in chapter 3 30 514C under managed care plans in this state. 3 31 The insurance division may reallocate authorized 3 32 full-time equivalent positions as necessary to respond 3 33 to accreditation recommendations or requirements. The 3 34 insurance division expenditures for examination 3 35 purposes may exceed the projected receipts, refunds 3 36 and reimbursements, estimated pursuant to section 3 37 505.7, subsection 7, including the expenditures for 3 38 retention of additional personnel, if the expenditures 3 39 are fully reimburseable and the division first does 3 40 both of the following: 3 41 a. Notifies the department of management, 3 42 legislative fiscal bureau, and the legislative fiscal 3 43 committee of the need for the expenditures. 3 44 b. Files with each of the entities named in 3 45 paragraph "a" the legislative and regulatory 3 46 justification for the expenditures, along with an 3 47 estimate of the expenditures. 3 48 c. (1) Of the amounts appropriated to the 3 49 insurance division in this subsection not more than 3 50 $100,000 shall be used for continuing the division's 4 1 senior health insurance information program and not 4 2 more than $100,000 shall be used for the purpose of 4 3 establishing a pilot consumer health education and 4 4 assistance program. 4 5 (2) The purpose of the consumer health education 4 6 and assistance program is to educate and assist health 4 7 care consumers to make more informed health insurance 4 8 and care choices in the marketplace. Both oral and 4 9 written educational assistance relating to health care 4 10 insurance, delivery systems, provider services and 4 11 coverage, billing procedures, and sources of 4 12 information shall be provided by the division. The 4 13 division of insurance may request, and other state 4 14 agencies shall provide, assistance in implementing and 4 15 administering the health care education and assistance 4 16 program. 4 17 (3) The commissioner of insurance shall appoint an 4 18 advisory committee consisting of knowledgeable and 4 19 interested citizens and state and local public 4 20 officials to provide advice and review the program. A 4 21 majority of the members of the advisory committee 4 22 shall be bona fide representatives of consumers. 4 23 (4) The commissioner of insurance shall prepare a 4 24 progress report relating to the activities of the 4 25 program, the report to be submitted to the governor 4 26 and the members of the general assembly not later than 4 27 March 1, 1996. The governor and the legislative 4 28 council may request progress reports from the 4 29 commissioner of insurance as deemed appropriate. 4 30 7. UTILITIES DIVISION 4 31 For salaries, support, maintenance, miscellaneous 4 32 purposes, and for not more than the following full- 4 33 time equivalent positions: 4 34 .................................................. $ 4,911,871 4 35 ............................................... FTEs 79.00 4 36 The utilities division may expend additional funds, 4 37 including funds for additional personnel, if those 4 38 additional expenditures are actual expenses which 4 39 exceed the funds budgeted for utility regulation. 4 40 Before the division expends or encumbers an amount in 4 41 excess of the funds budgeted for regulation, the 4 42 director of the department of management shall approve 4 43 the expenditure or encumbrance. Before approval is 4 44 given, the director of the department of management 4 45 shall determine that the regulation expenses exceed 4 46 the funds budgeted by the general assembly to the 4 47 division and that the division does not have other 4 48 funds from which regulation expenses can be paid. 4 49 Upon approval of the director of the department of 4 50 management the division may expend and encumber funds 5 1 for excess regulation expenses. The amounts necessary 5 2 to fund the excess regulation expenses shall be 5 3 collected from those utility companies being regulated 5 4 which caused the excess expenditures, and the 5 5 collections shall be treated as repayment receipts as 5 6 defined in section 8.2. 5 7 Sec. 4. There is appropriated from the general 5 8 fund of the state to the following named agencies for 5 9 the fiscal year beginning July 1, 1995, and ending 5 10 June 30, 1996, the following amounts, or so much 5 11 thereof as is necessary, to be used for the purposes 5 12 designated: 5 13 1. COMMISSION ON UNIFORM STATE LAWS 5 14 For support of the commission and expenses of the 5 15 members: 5 16 .................................................. $ 20,803 5 17 2. NATIONAL CONFERENCE OF STATE LEGISLATURES 5 18 For support of the membership assessment: 5 19 .................................................. $ 87,719 5 20 Sec. 5. There is appropriated from the general 5 21 fund of the state to the department of general 5 22 services for the fiscal year beginning July 1, 1995, 5 23 and ending June 30, 1996, the following amounts, or so 5 24 much thereof as is necessary, to be used for the 5 25 purposes designated: 5 26 1. ADMINISTRATION DIVISION 5 27 For salaries, support, maintenance, miscellaneous 5 28 purposes, and for not more than the following full- 5 29 time equivalent positions: 5 30 .................................................. $ 1,169,975 5 31 ............................................... FTEs 31.35 5 32 2. INFORMATION SERVICES DIVISION 5 33 For salaries, support, maintenance, miscellaneous 5 34 purposes, and for not more than the following full- 5 35 time equivalent positions: 5 36 .................................................. $ 5,497,002 5 37 ............................................... FTEs 141.60 5 38 3. PROPERTY MANAGEMENT DIVISION 5 39 For salaries, support, maintenance, miscellaneous 5 40 purposes, and for not more than the following full- 5 41 time equivalent positions: 5 42 .................................................. $ 3,903,103 5 43 ............................................... FTEs 112.00 5 44 The department of general services shall not change 5 45 the appropriations for the purposes designated in 5 46 subsections 1 through 3 from the amounts appropriated 5 47 under those subsections unless notice of the revisions 5 48 is given prior to their effective date to the 5 49 legislative fiscal bureau. The notice shall include 5 50 information on the department's rationale for making 6 1 the changes. 6 2 Savings achieved in providing telephone services 6 3 shall be used by the department of general services to 6 4 increase efficiencies in the provision of those 6 5 services. The department of general services shall 6 6 report not later than August 31, 1996, on the projects 6 7 undertaken to the chairpersons and the ranking members 6 8 of the joint appropriations subcommittee on 6 9 administration and regulation and to the legislative 6 10 fiscal bureau. The report shall include a listing of 6 11 the projects and efficiencies undertaken during the 6 12 fiscal year, the cost of each project, and the 6 13 benefits, including the projected savings on an annual 6 14 basis and for the life of the efficiency improvement. 6 15 4. CAPITOL PLANNING COMMISSION 6 16 For expenses of the members in carrying out their 6 17 duties under chapter 18A: 6 18 .................................................. $ 2,000 6 19 5. RENTAL SPACE 6 20 For payment of lease or rental costs of buildings 6 21 and office space at the seat of government as provided 6 22 in section 18.12, subsection 9, notwithstanding 6 23 section 18.16: 6 24 .................................................. $ 607,955 6 25 6. UTILITY COSTS 6 26 For payment of utility costs and for not more than 6 27 the following full-time equivalent positions: 6 28 .................................................. $ 2,059,178 6 29 ............................................... FTEs 1.00 6 30 The department of general services may use funds 6 31 appropriated in this subsection for utility costs to 6 32 fund energy conservation projects in the state capitol 6 33 complex which will have a 100 percent payback within a 6 34 24-month period. In addition, notwithstanding 6 35 sections 8.33 and 18.12, subsection 11, any excess 6 36 funds appropriated for utility costs in this 6 37 subsection shall not revert to the general fund of the 6 38 state on June 30, 1996, and these funds shall be used 6 39 for implementation of energy conservation projects 6 40 having a payback of 100 percent within a two-year to 6 41 six-year period. The department of general services 6 42 shall report not later than August 31, 1996, on the 6 43 projects having 100 percent payback within a six-year 6 44 period to the chairpersons and ranking members of the 6 45 joint appropriations subcommittee on administration 6 46 and regulation and to the legislative fiscal bureau. 6 47 The report shall include a listing of the projects 6 48 undertaken, the cost of each project, and the 6 49 projected savings on an annual basis and for the life 6 50 of the project. 7 1 7. TERRACE HILL OPERATIONS 7 2 For salaries, support, maintenance, and 7 3 miscellaneous purposes necessary for the operation of 7 4 Terrace Hill and for not more than the following full- 7 5 time equivalent positions: 7 6 .................................................. $ 164,637 7 7 ............................................... FTEs 4.00 7 8 Sec. 6. There is appropriated from the designated 7 9 revolving funds to the department of general services 7 10 for the fiscal year beginning July 1, 1995, and ending 7 11 June 30, 1996, the following amounts, or so much 7 12 thereof as is necessary, to be used for the purposes 7 13 designated: 7 14 1. From the centralized printing permanent 7 15 revolving fund established by section 18.57 for 7 16 salaries, support, maintenance, miscellaneous 7 17 purposes, and for not more than the following full- 7 18 time equivalent positions: 7 19 .................................................. $ 912,217 7 20 ............................................... FTEs 26.05 7 21 2. The remainder of the centralized printing 7 22 permanent revolving fund is appropriated for the 7 23 expense incurred in supplying paper stock, offset 7 24 printing, copy preparation, binding, distribution 7 25 costs, original payment of printing and binding claims 7 26 and contingencies arising during the fiscal year 7 27 beginning July 1, 1995, and ending June 30, 1996, 7 28 which are legally payable from this fund. 7 29 3. From the centralized purchasing permanent 7 30 revolving fund established by section 18.9 for 7 31 salaries, support, maintenance, miscellaneous 7 32 purposes, and for not more than the following full- 7 33 time equivalent positions: 7 34 .................................................. $ 734,140 7 35 ............................................... FTEs 16.05 7 36 4. The remainder of the centralized purchasing 7 37 permanent revolving fund is appropriated for the 7 38 payment of expenses incurred through purchases by 7 39 various state departments and for contingencies 7 40 arising during the fiscal year beginning July 1, 1995, 7 41 and ending June 30, 1996, which are legally payable 7 42 from this fund. 7 43 5. From the vehicle dispatcher revolving fund 7 44 established by section 18.119 for salaries, support, 7 45 maintenance, miscellaneous purposes, and for not more 7 46 than the following full-time equivalent positions: 7 47 .................................................. $ 625,075 7 48 ............................................... FTEs 15.00 7 49 The vehicle dispatcher shall determine the 7 50 difference between the projected cost of motor vehicle 8 1 fuel and the actual cost of the motor vehicle fuel 8 2 purchased for the use of each state agency for the 8 3 fiscal year beginning July 1, 1995, and ending June 8 4 30, 1996. If the actual cost of the fuel is less than 8 5 the projected cost, the vehicle dispatcher shall bill 8 6 the amount of the difference to each state agency at 8 7 the end of each calendar quarter. Upon receipt, the 8 8 director or head of each state agency shall pay the 8 9 amount of the claim submitted by the vehicle 8 10 dispatcher. 8 11 6. The remainder of the vehicle dispatcher 8 12 revolving fund is appropriated for the purchase of 8 13 gasoline, gasohol, oil, tires, repairs, and all other 8 14 maintenance expenses incurred in the operation of 8 15 state-owned motor vehicles and for contingencies 8 16 arising during the fiscal year beginning July 1, 1995, 8 17 and ending June 30, 1996, which are legally payable 8 18 from this fund. 8 19 The vehicle dispatcher shall report, not later than 8 20 February 15, 1996, to the chairpersons and the ranking 8 21 members of the joint appropriations subcommittee on 8 22 administration and regulation and to the legislative 8 23 fiscal bureau regarding the efficiencies of the 8 24 vehicle fleet and the changes in the efficiencies. 8 25 The report shall include the cost per mile, fuel 8 26 efficiencies, maintenance costs, useful life, the 8 27 costs of extending the useful life, and other measures 8 28 which the vehicle dispatcher or the legislative fiscal 8 29 bureau finds appropriate. The information shall be 8 30 reported for each general type of vehicle. The 8 31 overhead costs shall also be reported with the total 8 32 costs of the vehicle dispatcher operations. 8 33 The department of general services shall report to 8 34 the chairpersons and ranking members of the joint 8 35 appropriations subcommittee on administration and 8 36 regulation and the legislative fiscal bureau not later 8 37 than February 15, 1996, a comparison of the 8 38 performance of vehicles burning an 85 percent ethanol 8 39 mixture and those burning a 10 percent ethanol 8 40 mixture. The report shall include, but is not limited 8 41 to, average mileage, vehicle life, and problems 8 42 encountered. 8 43 Sec. 7. CHILD DAY CARE PROGRAM. 8 44 1. The general assembly considers child day care 8 45 to be an important service for employers, employees, 8 46 and their children. Employer-supported child care can 8 47 have a positive impact upon employee morale and 8 48 retention and can positively affect the children who 8 49 are receiving child care services. High quality child 8 50 care is of significant value to employers. It is 9 1 believed that a quality, on-site child care program 9 2 available to the children of state employees will 9 3 provide a model for other employers in this state to 9 4 emulate. 9 5 2. a. The director of general services shall 9 6 develop a plan for establishing and operating a fee- 9 7 based child day care program available to public 9 8 employees officed at or near the capitol complex. The 9 9 plan shall include all of the information contained in 9 10 the steering committee description contained in this 9 11 paragraph and shall be submitted to the general 9 12 assembly on or before March 1, 1996. The legislative 9 13 council is requested to appoint a capitol complex 9 14 child day care program steering committee to provide 9 15 direction to the department of general services in 9 16 developing facility plans, establishing the 9 17 facilities, developing operation policies, contracting 9 18 with a vendor to operate the program, and other 9 19 decisions involving establishment and operation of the 9 20 program. The steering committee shall utilize the 9 21 March 1990 consultant report to the capitol complex ad 9 22 hoc committee on child care, particularly the 9 23 intermediate quality recommendations, in its decision 9 24 making. 9 25 b. The steering committee membership shall include 9 26 members of the general assembly; representatives of 9 27 the departments of general services, personnel, human 9 28 services, and education; employees officed at the 9 29 capitol complex who purchase child day care services; 9 30 a representative of the state board of regents center 9 31 for early childhood education; a representative of the 9 32 Iowa state university of science and technology early 9 33 childhood education programs; and other persons 9 34 knowledgeable concerning child day care programs. 9 35 3. In consultation with the steering committee, 9 36 the director of the department of general services 9 37 shall develop a child day care program plan giving 9 38 consideration to the recommendations of the March 1990 9 39 consultant report. 9 40 4. The program shall be designed to operate with a 9 41 capacity of 150 children and to regularly serve 9 42 infants, toddlers, preschool, school age, and mildly 9 43 ill children. 9 44 Sec. 8. GOVERNOR AND LIEUTENANT GOVERNOR. There 9 45 is appropriated from the general fund of the state to 9 46 the offices of the governor and the lieutenant 9 47 governor for the fiscal year beginning July 1, 1995, 9 48 and ending June 30, 1996, the following amounts, or so 9 49 much thereof as is necessary, to be used for the 9 50 purposes designated: 10 1 1. For salaries, support, maintenance, and 10 2 miscellaneous purposes for the general office of the 10 3 governor and the general office of the lieutenant 10 4 governor, and for not more than the following full- 10 5 time equivalent positions: 10 6 .................................................. $ 1,088,936 10 7 ............................................... FTEs 17.25 10 8 2. For the governor's expenses and the lieutenant 10 9 governor's expenses connected with office: 10 10 .................................................. $ 2,416 10 11 3. For salaries, support, maintenance, and 10 12 miscellaneous purposes for the governor's quarters at 10 13 Terrace Hill, and for not more than the following 10 14 full-time equivalent positions: 10 15 .................................................. $ 51,746 10 16 ............................................... FTEs 1.50 10 17 4. For the payment of expenses of ad hoc 10 18 committees, councils, and task forces appointed by the 10 19 governor to research and analyze a particular subject 10 20 area relevant to the problems and responsibilities of 10 21 state and local government, including the employment 10 22 of professional, technical, and administrative staff 10 23 and the payment of per diem and actual expenses of 10 24 committee, council, or task force members as specified 10 25 pursuant to section 7E.6: 10 26 .................................................. $ 1,610 10 27 The ad hoc committees, councils, and task forces 10 28 appointed by the governor are subject to chapters 21 10 29 and 22 and the members and the staff shall be informed 10 30 of these requirements. A member shall not receive a 10 31 per diem if the member is receiving a salary as a 10 32 full-time public employee, but members shall be 10 33 reimbursed for actual and necessary expenses. 10 34 5. For salaries, support, maintenance, and 10 35 miscellaneous purposes for the office of 10 36 administrative rules coordinator, and for not more 10 37 than the following full-time equivalent positions: 10 38 .................................................. $ 108,336 10 39 ............................................... FTEs 2.00 10 40 6. For payment of Iowa's membership in the 10 41 national governors' conference: 10 42 .................................................. $ 74,435 10 43 Sec. 9. DEPARTMENT OF INSPECTIONS AND APPEALS. 10 44 There is appropriated from the general fund of the 10 45 state to the department of inspections and appeals for 10 46 the fiscal year beginning July 1, 1995, and ending 10 47 June 30, 1996, the following amounts, or so much 10 48 thereof as is necessary, for the purposes designated: 10 49 1. FINANCE AND SERVICES DIVISION 10 50 For salaries, support, maintenance, miscellaneous 11 1 purposes, and for not more than the following full- 11 2 time equivalent positions: 11 3 .................................................. $ 467,275 11 4 ............................................... FTEs 21.00 11 5 2. AUDITS DIVISION 11 6 For salaries, support, maintenance, miscellaneous 11 7 purposes, and for not more than the following full- 11 8 time equivalent positions: 11 9 .................................................. $ 352,092 11 10 ............................................... FTEs 11.00 11 11 3. APPEALS AND FAIR HEARINGS DIVISION 11 12 For salaries, support, maintenance, miscellaneous 11 13 purposes, and for not more than the following full- 11 14 time equivalent positions: 11 15 .................................................. $ 223,048 11 16 ............................................... FTEs 24.00 11 17 If Senate File 358 is enacted by the Seventy-sixth 11 18 General Assembly, 1995 Regular Session, there is 11 19 appropriated from the general fund of the state to the 11 20 appeals and fair hearings division for the fiscal year 11 21 beginning July 1, 1995, and ending December 31, 1995, 11 22 an additional sum of $45,000, or so much thereof as is 11 23 necessary, and 1.50 FTEs to carry out the 11 24 responsibilities of the division as specified in 11 25 Senate File 358. 11 26 4. INVESTIGATIONS DIVISION 11 27 For salaries, support, maintenance, miscellaneous 11 28 purposes, and for not more than the following full- 11 29 time equivalent positions: 11 30 .................................................. $ 729,111 11 31 ............................................... FTEs 35.00 11 32 5. HEALTH FACILITIES DIVISION 11 33 For salaries, support, maintenance, miscellaneous 11 34 purposes, and for not more than the following full- 11 35 time equivalent positions: 11 36 .................................................. $ 1,663,070 11 37 ............................................... FTEs 99.00 11 38 6. INSPECTIONS DIVISION 11 39 For salaries, support, maintenance, miscellaneous 11 40 purposes, and for not more than the following full- 11 41 time equivalent positions: 11 42 .................................................. $ 577,869 11 43 ............................................... FTEs 13.00 11 44 7. EMPLOYMENT APPEAL BOARD 11 45 For salaries, support, maintenance, miscellaneous 11 46 purposes, and for not more than the following full- 11 47 time equivalent positions: 11 48 .................................................. $ 33,067 11 49 ............................................... FTEs 15.00 11 50 The employment appeal board shall be reimbursed by 12 1 the labor services division of the department of 12 2 employment services for all costs associated with 12 3 hearings conducted under chapter 91C, related to 12 4 contractor registration. The board may expend, in 12 5 addition to the amount appropriated under this 12 6 subsection, additional amounts as are directly 12 7 billable to the labor services division under this 12 8 subsection and to retain the additional full-time 12 9 equivalent positions as needed to conduct hearings 12 10 required pursuant to chapter 91C. 12 11 8. STATE FOSTER CARE REVIEW BOARD 12 12 For salaries, support, maintenance, miscellaneous 12 13 purposes, and for not more than the following full- 12 14 time equivalent positions: 12 15 .................................................. $ 527,041 12 16 ............................................... FTEs 10.00 12 17 The department of human services, in coordination 12 18 with the state foster care review board and the 12 19 department of inspections and appeals, shall submit an 12 20 application for funding available pursuant to Title 12 21 IV-E of the federal Social Security Act for claims for 12 22 state foster care review board administrative review 12 23 costs. 12 24 9. The department of inspections and appeals shall 12 25 provide an accounting of all costs associated with 12 26 negotiating agreements and compacts pursuant to 12 27 section 10A.104, subsection 10, and all costs 12 28 associated with monitoring such agreements and 12 29 compacts. Information in the accounting shall include 12 30 the dates and destinations of all travel related to 12 31 the negotiations and monitoring, and all costs 12 32 associated with the personnel involved, including 12 33 salary, travel, and support costs. 12 34 Sec. 10. RACETRACK REGULATION. There is 12 35 appropriated from the general fund of the state to the 12 36 racing and gaming commission of the department of 12 37 inspections and appeals for the fiscal year beginning 12 38 July 1, 1995, and ending June 30, 1996, the following 12 39 amount, or so much thereof as is necessary, to be used 12 40 for the purposes designated: 12 41 For salaries, support, maintenance, miscellaneous 12 42 purposes, for the regulation of pari-mutuel 12 43 racetracks, and for not more than the following full- 12 44 time equivalent positions: 12 45 .................................................. $ 1,760,378 12 46 ............................................... FTEs 23.85 12 47 Sec. 11. EXCURSION BOAT REGULATION. There is 12 48 appropriated from the general fund of the state to the 12 49 racing and gaming commission of the department of 12 50 inspections and appeals for the fiscal year beginning 13 1 July 1, 1995, and ending June 30, 1996, the following 13 2 amount, or so much thereof as is necessary, to be used 13 3 for the purposes designated: 13 4 For salaries, support, maintenance, and 13 5 miscellaneous purposes for administration and 13 6 enforcement of the excursion boat gambling laws, and 13 7 for not more than the following full-time equivalent 13 8 positions: 13 9 .................................................. $ 860,651 13 10 ............................................... FTEs 17.11 13 11 It is the intent of the general assembly that the 13 12 racing and gaming commission shall only employ 13 13 additional full-time equivalent positions for 13 14 riverboat gambling enforcement as authorized by the 13 15 department of management as needed for enforcement on 13 16 new riverboats. If more than six riverboats are 13 17 operating during the fiscal year beginning July 1, 13 18 1995, and ending June 30, 1996, the commission may 13 19 expend no more than $84,917 for no more than 2.00 FTEs 13 20 for each additional riverboat in excess of six. The 13 21 additional expense associated with the positions shall 13 22 be paid from fees assessed by the commission as 13 23 provided in chapter 99F. 13 24 Notwithstanding section 8.39, funds shall not be 13 25 transferred to the department of inspections and 13 26 appeals which would be used for monitoring Indian 13 27 gaming. 13 28 Sec. 12. DEPARTMENT OF INSPECTIONS AND APPEALS &endash; 13 29 SERVICE CHARGES. The department of inspections and 13 30 appeals may charge state departments, agencies, and 13 31 commissions for services rendered and the payment 13 32 received shall be considered repayment receipts as 13 33 defined in section 8.2. 13 34 Sec. 13. USE TAX APPROPRIATION. There is 13 35 appropriated from the use tax receipts collected 13 36 pursuant to section 423.7 prior to their deposit in 13 37 the road use tax fund pursuant to section 423.24, 13 38 subsection 1, to the appeals and fair hearings 13 39 division of the department of inspections and appeals 13 40 for the fiscal year beginning July 1, 1995, and ending 13 41 June 30, 1996, the following amount, or so much 13 42 thereof as is necessary, for the purposes designated: 13 43 For salaries, support, maintenance, and 13 44 miscellaneous purposes: 13 45 .................................................. $ 924,090 13 46 Sec. 14. DEPARTMENT OF MANAGEMENT. There is 13 47 appropriated from the general fund of the state to the 13 48 department of management for the fiscal year beginning 13 49 July 1, 1995, and ending June 30, 1996, the following 13 50 amounts, or so much thereof as is necessary, to be 14 1 used for the purposes designated: 14 2 1. GENERAL OFFICE 14 3 For salaries, support, maintenance, miscellaneous 14 4 purposes, and for not more than the following full- 14 5 time equivalent positions: 14 6 .................................................. $ 1,959,287 14 7 ............................................... FTEs 29.00 14 8 2. LAW ENFORCEMENT TRAINING REIMBURSEMENTS 14 9 For reimbursement to local law enforcement agencies 14 10 for the training of officers who resign pursuant to 14 11 section 384.15, subsection 7: 14 12 .................................................. $ 47,500 14 13 3. COUNCIL OF STATE GOVERNMENTS 14 14 For support of the membership assessment: 14 15 .................................................. $ 75,500 14 16 The department of management shall conduct a study 14 17 of the positions of deputy director throughout the 14 18 executive branch of state government. The study shall 14 19 include the responsibilities of each deputy director, 14 20 the salaries of the deputy directors, the number of 14 21 deputy director positions, and the variation of 14 22 responsibilities among the deputy director positions. 14 23 The department shall report its findings to the 14 24 chairpersons and ranking members of the joint 14 25 subcommittees on oversight, audit and government 14 26 reform, and to the legislative fiscal bureau by 14 27 September 1, 1995. 14 28 Sec. 15. There is appropriated from the road use 14 29 tax fund to the department of management for the 14 30 fiscal year beginning July 1, 1995, and ending June 14 31 30, 1996, the following amount, or so much thereof as 14 32 is necessary, to be used for the purposes designated: 14 33 For salaries, support, maintenance, and 14 34 miscellaneous purposes: 14 35 .................................................. $ 56,000 14 36 The department of management shall report to the 14 37 chairpersons and ranking members of the senate and 14 38 house committees on appropriations, the chairpersons 14 39 and ranking members of the joint appropriations 14 40 subcommittee on administration and regulation, and the 14 41 legislative fiscal bureau, the number of furloughs and 14 42 the number of layoffs that occur in each state agency, 14 43 the savings associated with those furloughs and 14 44 layoffs, the effect of the furloughs and layoffs on 14 45 services provided by the state agency, and other 14 46 relevant information. The department shall provide a 14 47 year-end report summarizing the information for the 14 48 fiscal year beginning July 1, 1995, which will be due 14 49 by September 1, 1996. 14 50 When addressing staffing targets for state 15 1 agencies, the department of management shall state the 15 2 number of staff authorized for a state agency in terms 15 3 of full-time equivalent positions. 15 4 Sec. 16. There is appropriated from the general 15 5 fund of the state to the department of personnel for 15 6 the fiscal year beginning July 1, 1995, and ending 15 7 June 30, 1996, the following amounts, or so much 15 8 thereof as is necessary, to be used for the purposes 15 9 designated including the filing of quarterly reports 15 10 as required in this section: 15 11 1. OPERATIONS 15 12 For salaries, support, maintenance, and 15 13 miscellaneous purposes for the director's staff, 15 14 information services, data processing, and financial 15 15 services, and for not more than the following full- 15 16 time equivalent positions: 15 17 .................................................. $ 1,041,716 15 18 ............................................... FTEs 18.58 15 19 2. PROGRAM DELIVERY 15 20 For salaries for personnel services, employment law 15 21 and labor relations and training for not more than the 15 22 following full-time equivalent positions: 15 23 .................................................. $ 1,213,964 15 24 ............................................... FTEs 33.20 15 25 3. PROGRAM ADMINISTRATION AND DEVELOPMENT 15 26 For salaries for employment, compensation, and 15 27 benefits and workers' compensation and for not more 15 28 than the following full-time equivalent positions: 15 29 .................................................. $ 1,386,933 15 30 ............................................... FTEs 32.80 15 31 Any funds received by the department for workers' 15 32 compensation purposes other than the funds 15 33 appropriated in subsection 3 shall be used only for 15 34 the payment of workers' compensation claims. 15 35 The funds for support, maintenance, and 15 36 miscellaneous purposes for personnel assigned to 15 37 program delivery under subsection 2 and program 15 38 administration and development under subsection 3 are 15 39 payable from the appropriation made in subsection 1. 15 40 The department of personnel shall report semi- 15 41 annually to the chairpersons and ranking members of 15 42 the joint appropriations subcommittee on 15 43 administration and regulation concerning the number of 15 44 vacancies in existing full-time equivalent positions 15 45 and the average time taken to fill the vacancies. The 15 46 reports shall include quarterly and annual averages 15 47 organized according to state agency and general 15 48 occupational category as established by the federal 15 49 equal employment opportunity commission. All 15 50 departments and agencies of the state shall cooperate 16 1 with the department in the preparation of the reports. 16 2 Sec. 17. IPERS. There is appropriated from the 16 3 Iowa public employees' retirement system fund to the 16 4 department of personnel for the fiscal year beginning 16 5 July 1, 1995, and ending June 30, 1996, the following 16 6 amount, or so much thereof as is necessary, to be used 16 7 for the purposes designated: 16 8 1. For salaries, support, maintenance, and other 16 9 operational purposes to pay the costs of the Iowa 16 10 public employees' retirement system: 16 11 .................................................. $ 3,749,983 16 12 2. It is the intent of the general assembly that 16 13 the Iowa public employees' retirement system employ 16 14 sufficient staff within the appropriation provided in 16 15 this section to meet the developing requirements of 16 16 the investment program. 16 17 3. The department of personnel shall submit, 16 18 annually, a report to the chairpersons and ranking 16 19 members of the joint appropriations subcommittee on 16 20 administration and regulation and to the legislative 16 21 fiscal bureau regarding the results of the state's top 16 22 achievement recognition program. The reports 16 23 submitted shall include, but are not limited to, 16 24 identification of the recipients, a description of the 16 25 meritorious achievements, and the awards conferred. 16 26 Sec. 18. There is appropriated from the primary 16 27 road fund to the department of personnel for the 16 28 fiscal year beginning July 1, 1995, and ending June 16 29 30, 1996, the following amount, or so much thereof as 16 30 is necessary, to be used for the purposes designated: 16 31 For salaries, support, maintenance, and 16 32 miscellaneous purposes to provide personnel services 16 33 for the state department of transportation: 16 34 .................................................. $ 331,694 16 35 Sec. 19. There is appropriated from the road use 16 36 tax fund to the department of personnel for the fiscal 16 37 year beginning July 1, 1995, and ending June 30, 1996, 16 38 the following amount, or so much thereof as is 16 39 necessary, to be used for the purposes designated: 16 40 For salaries, support, maintenance, and 16 41 miscellaneous purposes to provide personnel services 16 42 for the state department of transportation: 16 43 .................................................. $ 53,996 16 44 Sec. 20. There is appropriated from the general 16 45 fund of the state to the department of revenue and 16 46 finance for the fiscal year beginning July 1, 1995, 16 47 and ending June 30, 1996, the following amounts, or so 16 48 much thereof as is necessary, to be used for the 16 49 purposes designated, and for not more than the 16 50 following full-time equivalent positions used for the 17 1 purposes designated in subsections 1 through 3: 17 2 ............................................... FTEs 577.43 17 3 1. AUDIT AND COMPLIANCE 17 4 For salaries, support, maintenance, and 17 5 miscellaneous purposes: 17 6 .................................................. $ 10,563,293 17 7 2. STATE FINANCIAL MANAGEMENT 17 8 For salaries, support, maintenance, and 17 9 miscellaneous purposes: 17 10 .................................................. $ 9,376,548 17 11 3. INTERNAL RESOURCES MANAGEMENT 17 12 For salaries, support, maintenance, and 17 13 miscellaneous purposes: 17 14 .................................................. $ 5,910,111 17 15 4. COLLECTION COSTS AND FEES 17 16 For payment of collection costs and fees pursuant 17 17 to section 422.26: 17 18 .................................................. $ 45,000 17 19 5. a. The department of revenue and finance shall 17 20 not change the appropriations for the purposes 17 21 designated in subsections 1 through 3 from the amounts 17 22 appropriated in those subsections unless notice of the 17 23 revisions is given prior to their effective date to 17 24 the legislative fiscal bureau. The notice shall 17 25 include information on the department's rationale for 17 26 making the changes. 17 27 b. The department of revenue and finance shall 17 28 report quarterly to the legislative fiscal bureau 17 29 concerning progress in the implementation of generally 17 30 accepted accounting principles, including 17 31 determination of reporting entities, fund 17 32 classifications, modification of the Iowa financial 17 33 accounting system, progress on preparing a 17 34 comprehensive annual financial report, and the most 17 35 current estimate of the general fund balance based on 17 36 current generally accepted accounting principles. 17 37 c. The director of revenue and finance shall 17 38 report annually to the chairpersons and ranking 17 39 members of the joint appropriations subcommittee on 17 40 administration and regulation and the legislative 17 41 fiscal bureau on the implementation and financial 17 42 status of the integrated revenue information system. 17 43 The report shall include any changes from the 17 44 scheduled progress including expenditures or estimated 17 45 revenue. 17 46 d. The director of revenue and finance shall 17 47 prepare and issue a state appraisal manual and the 17 48 revisions to the state appraisal manual as provided in 17 49 section 421.17, subsection 18, without cost to a city 17 50 or county. 18 1 Sec. 21. There is appropriated from the lottery 18 2 fund to the department of revenue and finance for the 18 3 fiscal year beginning July 1, 1995, and ending June 18 4 30, 1996, the following amount, or so much thereof as 18 5 is necessary, to be used for the purposes designated: 18 6 For salaries, support, maintenance, miscellaneous 18 7 purposes for the administration and operation of 18 8 lottery games, and for not more than the following 18 9 full-time equivalent positions: 18 10 .................................................. $ 7,408,016 18 11 ............................................... FTEs 120.00 18 12 Sec. 22. There is appropriated from the motor 18 13 vehicle fuel tax fund created by section 452A.77 to 18 14 the department of revenue and finance for the fiscal 18 15 year beginning July 1, 1995, and ending June 30, 1996, 18 16 the following amount, or so much thereof as is 18 17 necessary, to be used for the purposes designated: 18 18 For salaries, support, maintenance, and 18 19 miscellaneous purposes for administration and 18 20 enforcement of the provisions of chapter 452A and the 18 21 motor vehicle use tax program: 18 22 .................................................. $ 1,008,025 18 23 Sec. 23. There is appropriated from the general 18 24 fund of the state to the office of the secretary of 18 25 state for the fiscal year beginning July 1, 1995, and 18 26 ending June 30, 1996, the following amounts, or so 18 27 much thereof as is necessary, to be used for the 18 28 purposes designated: 18 29 1. ADMINISTRATION AND ELECTIONS 18 30 For salaries, support, maintenance, miscellaneous 18 31 purposes, and for not more than the following full- 18 32 time equivalent positions: 18 33 .................................................. $ 520,514 18 34 ............................................... FTEs 9.00 18 35 2. BUSINESS SERVICES 18 36 For salaries, support, maintenance, miscellaneous 18 37 purposes, and for not more than the following full- 18 38 time equivalent positions: 18 39 .................................................. $ 1,565,021 18 40 ............................................... FTEs 28.00 18 41 3. For costs incurred in the printing of the 18 42 official register: 18 43 .................................................. $ 60,000 18 44 Sec. 24. STATE-FEDERAL RELATIONS. There is 18 45 appropriated from the general fund of the state to the 18 46 office of state-federal relations for the fiscal year 18 47 beginning July 1, 1995, and ending June 30, 1996, the 18 48 following amount, or so much thereof as is necessary, 18 49 to be used for the purposes designated: 18 50 For salaries, support, maintenance, miscellaneous 19 1 purposes, and for not more than the following full- 19 2 time equivalent positions: 19 3 .................................................. $ 235,521 19 4 ............................................... FTEs 3.00 19 5 Sec. 25. TREASURER. There is appropriated from 19 6 the general fund of the state to the office of 19 7 treasurer of state for the fiscal year beginning July 19 8 1, 1995, and ending June 30, 1996, the following 19 9 amount, or so much thereof as is necessary, to be used 19 10 for the purposes designated: 19 11 For salaries, support, maintenance, miscellaneous 19 12 purposes, and for not more than the following full- 19 13 time equivalent positions: 19 14 .................................................. $ 855,694 19 15 ............................................... FTEs 27.80 19 16 The office of treasurer of state shall supply 19 17 clerical and secretarial support for the executive 19 18 council. 19 19 Sec. 26. SECOND INJURY FUND. The administrative 19 20 costs and expenses incurred by the treasurer of state, 19 21 the attorney general, the second injury fund, or the 19 22 department of revenue and finance, in connection with 19 23 the second injury fund, may be paid from the second 19 24 injury fund. However, the payment of administrative 19 25 costs and expenses incurred by the treasurer of state, 19 26 the attorney general, the second injury fund, and the 19 27 department of revenue and finance, as authorized in 19 28 this section, shall only be permitted for 19 29 administrative costs and expenses incurred in the 19 30 fiscal year commencing July 1, 1995, and ending June 19 31 30, 1996, shall not exceed $170,000. 19 32 Sec. 27. STATE WORKERS' COMPENSATION CLAIMS. 19 33 There is appropriated from the general fund of the 19 34 state to the department of personnel for the fiscal 19 35 year beginning July 1, 1995, and ending June 30, 1996, 19 36 the following amount, or so much thereof as is 19 37 necessary, to be used for the purpose designated: 19 38 For distribution, subject to approval of the 19 39 department of management, to various state departments 19 40 to fund the premiums for paying workers' compensation 19 41 claims which are assessed to and collected from the 19 42 state department by the department of personnel based 19 43 upon a rating formula established by the department of 19 44 personnel: 19 45 .................................................. $ 5,884,740 19 46 The premiums collected by the department of 19 47 personnel shall be segregated into a separate workers' 19 48 compensation fund in the state treasury to be used for 19 49 payment of state employees' workers' compensation 19 50 claims. Notwithstanding section 8.33, unencumbered or 20 1 unobligated moneys remaining in this workers' 20 2 compensation fund at the end of the fiscal year shall 20 3 not revert but shall be available for expenditure for 20 4 purposes of the fund for subsequent fiscal years. 20 5 Sec. 28. Notwithstanding section 509A.5, there is 20 6 appropriated from the employer share of the health 20 7 insurance premium reserve fund the following amount 20 8 for the purpose designated: 20 9 For the health data commission: 20 10 .................................................. $ 100,000 20 11 Sec. 29. RURAL FIRE PROTECTION. 20 12 1. There is appropriated from the general fund of 20 13 the state to the fire marshal for the fiscal year 20 14 beginning July 1, 1995, and ending June 30, 1996, the 20 15 following amount, or so much thereof as is necessary, 20 16 to be used for the purpose designated: 20 17 For supporting a rural fire protection 20 18 demonstration project: 20 19 .................................................. $ 6,000 20 20 2. The department shall award moneys to one or 20 21 more resource conservation and development councils 20 22 which apply for such moneys for the installation of 20 23 permanent dry fire hydrants. Moneys awarded under 20 24 this section shall not be used to pay for salaries or 20 25 support administration. The purpose of a project 20 26 shall be to demonstrate how dry hydrants may be used 20 27 to preserve life and protect property from dangers 20 28 associated with fire, and to support rural 20 29 infrastructure in order to encourage investment in 20 30 rural communities. 20 31 3. A resource conservation and development council 20 32 which receives an award under this section shall 20 33 appoint a dry hydrant project coordinator who shall be 20 34 responsible for administering the award as provided in 20 35 this section. In applying for and administering an 20 36 award, a council shall cooperate with relevant county 20 37 boards of supervisors, county engineers, soil and 20 38 water conservation districts, local fire departments, 20 39 township trustees, rural water associations, and 20 40 landowners. The council shall also seek cooperation 20 41 from the natural resources and conservation service of 20 42 the United States department of agriculture, and, if 20 43 appropriate, the United States army corps of 20 44 engineers. 20 45 4. Applications shall be judged based on criteria 20 46 established by the department. The fire service 20 47 institute advisory committee established pursuant to 20 48 section 266.46 may assist the department in 20 49 establishing criteria and judging applications. 20 50 Applicants shall submit a plan that demonstrates the 21 1 practical advantages of using a dry hydrant, which 21 2 relies upon natural roadside water impoundments and 21 3 man-made impoundments fed by rural water mains, to 21 4 provide viable and economical sources of water 21 5 required to extinguish fires in rural areas. The plan 21 6 shall provide for instructing fire departments 21 7 regarding the installation and operation of dry 21 8 hydrants, including methods to utilize labor and 21 9 equipment. In implementing the plan, the dry hydrant 21 10 project coordinator shall cooperate with the Iowa fire 21 11 service institute at Iowa state university as provided 21 12 in section 266.41, the fire service institute advisory 21 13 committee, and any association which provides for the 21 14 training of fire fighters, including the Iowa 21 15 firemen's association and the Iowa society of fire 21 16 service instructors. 21 17 5. The fire marshal shall prepare a report which 21 18 shall include findings submitted by each dry hydrant 21 19 project coordinator who administers an award and 21 20 recommendations submitted by the fire service 21 21 institute advisory committee. The committee may 21 22 provide a plan or model for the installation of dry 21 23 hydrants throughout the state. The report shall be 21 24 delivered to the general assembly by January 10, 1996. 21 25 Sec. 30. CENTRALIZED PURCHASING REVOLVING FUND 21 26 TRANSFER. Notwithstanding section 18.9, there is 21 27 transferred from the centralized purchasing revolving 21 28 fund created under section 18.9 to the general fund of 21 29 the state on June 30, 1995, the sum of $250,000. 21 30 Sec. 31. SECRETARY OF STATE OPTICAL IMAGING 21 31 ACCOUNT TRANSFER. The secretary of state shall pay to 21 32 the general fund of the state on June 30, 1995, the 21 33 sum of $75,000, or so much thereof as remains of funds 21 34 appropriated for an optical imaging project. If 21 35 insufficient unencumbered or unobligated funds remain 21 36 in the optical imaging account as of June 30, 1995, to 21 37 pay $75,000 to the general fund of the state, the 21 38 deficiency shall be paid from other moneys 21 39 appropriated to the office of secretary of state 21 40 pursuant to this Act. 21 41 Sec. 32. IMPLEMENTATION OF FUNDING REDUCTIONS &endash; 21 42 INTENT OF GENERAL ASSEMBLY. It is the intent of the 21 43 general assembly that the departments, agencies, and 21 44 offices of the executive department of state 21 45 government shall implement funding reductions through 21 46 organizational changes which reduce supervisory 21 47 positions, vertically and horizontally, and increase 21 48 the span of control of the remaining supervisors as 21 49 recommended by the governor's committee on government 21 50 spending reform. 22 1 Sec. 33. ELIMINATION OF VACANT UNFUNDED JOBS. The 22 2 state departments, agencies, or offices receiving 22 3 appropriations under this Act shall eliminate, within 22 4 thirty days after the beginning of a fiscal year, all 22 5 vacant unfunded positions on the table of organization 22 6 of the state department, agency, or office. 22 7 Sec. 34. STATE COMMUNICATIONS NETWORK &endash; REDUCTION 22 8 OF TRAVEL AND RELATED EXPENSES. The offices of the 22 9 governor and lieutenant governor, the office of 22 10 secretary of state, the office of treasurer of state, 22 11 the auditor of state, the department of commerce, the 22 12 department of inspections and appeals, the Iowa ethics 22 13 and campaign disclosure board, the department of 22 14 general services, the department of management, the 22 15 department of revenue and finance, and the department 22 16 of personnel shall use the services of the state 22 17 communications network as much as possible for 22 18 interagency communication, meetings, and conferences 22 19 to reduce travel and related expenses for the 22 20 respective offices or departments. 22 21 Sec. 35. REPORT OF ADDITIONAL INCOME AND 22 22 EXPENDITURES. The state departments, agencies, and 22 23 offices receiving appropriations under this Act shall 22 24 report all expenses in excess of the funds 22 25 appropriated from any statutory revolving funds during 22 26 the fiscal year beginning July 1, 1994, and ending 22 27 June 30, 1995. The report shall also include the 22 28 beginning and ending balances of the revolving funds. 22 29 The report required pursuant to this section shall 22 30 be submitted not later than September 30, 1995, for 22 31 expenditures made during the fiscal year beginning 22 32 July 1, 1994, and ending June 30, 1995, to the 22 33 chairpersons and ranking members of the joint 22 34 appropriations subcommittee on administration and 22 35 regulations and the legislative fiscal bureau. 22 36 Sec. 36. FEDERAL GRANTS. All federal grants to 22 37 and the federal receipts of agencies appropriated 22 38 funds under this Act, not otherwise appropriated, are 22 39 appropriated for the purposes set forth in the federal 22 40 grants or receipts unless otherwise provided by the 22 41 general assembly. 22 42 Sec. 37. Section 12.21, Code 1995, is amended to 22 43 read as follows: 22 44 12.21 ACCEPTING CREDIT CARD PAYMENTS. 22 45 The treasurer of state may enter into an agreement 22 46 with a financial institution to provide credit card 22 47 receipt processing for state departments which are 22 48 authorized by the treasurer of state to accept payment 22 49 by credit card. A department which accepts credit 22 50 card paymentsshallmay adjust its fees to reflect the 23 1 cost of processing as determined by the treasurer of 23 2 state. A fee may be charged by a department for using 23 3 the credit card payment method notwithstanding any 23 4 other provision of the Code setting specific fees. 23 5 The treasurer of state shall adopt rules to implement 23 6 this section. 23 7 Sec. 38. Section 17A.8, subsection 9, Code 1995, 23 8 is amended to read as follows: 23 9 9. Upon a vote oftwo-thirdssix of its members, 23 10 the administrative rules review committee may delay 23 11 the effective date of a rule until the adjournment of 23 12 the next regular session of the general assembly. The 23 13 committee shall refer a rule whose effective date has 23 14 been delayed to the speaker of the house of 23 15 representatives and the president of the senate who 23 16 shall refer the rule to the appropriate standing 23 17 committees of the general assembly. If the general 23 18 assembly has not disapproved of the rule by a joint 23 19 resolution, the rule shall become effective. The 23 20 speaker of the house of representatives and the 23 21 president of the senate shall notify the 23 22 administrative code editor of the final disposition of 23 23 any rule delayed pursuant to this subsection. If a 23 24 rule is disapproved, it shall not become effective and 23 25 the agency shall withdraw the rule. This section 23 26 shall not apply to rules made effective under section 23 27 17A.5, subsection 2, paragraph "b". 23 28 Sec. 39. Section 25.2, Code 1995, is amended to 23 29 read as follows: 23 30 25.2 EXAMINATION OF REPORT &endash; APPROVAL OR 23 31 REJECTION &endash; PAYMENT. 23 32 The state appeal board with the recommendation of 23 33 the special assistant attorney general for claims may 23 34 approve or reject claims against the state of less 23 35 than ten years covering the following: Outdated 23 36 warrants; outdated sales and use tax refunds; license 23 37 refunds; additional agricultural land tax credits; 23 38 outdated invoices; fuel and gas tax refunds; outdated 23 39 homestead and veterans' exemptions; outdated funeral 23 40 service claims; tractor fees; registration permits; 23 41 outdated bills for merchandise; services furnished to 23 42 the state; claims by any county or county official 23 43 relating to the personal property tax credit; and 23 44 refunds of fees collected by the state. Payments 23 45 authorized by the state appeal board shall be paid 23 46 from the appropriation or fund of original 23 47 certification of the claim. However, if that 23 48 appropriation or fund has since reverted under section 23 49 8.33 then such payment authorized by the state appeal 23 50 board shall be out of any money in the state treasury 24 1 not otherwise appropriated. Notwithstanding the 24 2 provisions of this section, the director of revenue 24 3 and finance may reissue outdated warrants. On or 24 4 before November 1 of each year, the director of 24 5 revenue and finance shall provide the treasurer of 24 6 state with a report of all unpaid warrants which have 24 7 been outdated for two years or more. The treasurer 24 8 shall include information regarding outdated warrants 24 9 in the notice published pursuant to section 556.12. 24 10 The provisions of section 556.11 regarding agreements 24 11 to pay compensation for recovery or assistance in 24 12 recovery of unclaimed property are applicable to 24 13 agreements to pay compensation to recover or assist in 24 14 the recovery of outdated warrants. 24 15 Sec. 40. NEW SECTION. 70A.1A SALARY LIMITATIONS 24 16 &endash; CERTAIN DEPARTMENT HEADS AND SUBORDINATE OFFICERS 24 17 AND EMPLOYEES. 24 18 1. The directors, principal assistants, and 24 19 employees of the following departments, boards, and 24 20 offices shall not receive an annual salary which 24 21 exceeds eighty percent of the annual salary of the 24 22 governor: 24 23 a. Iowa ethics and campaign disclosure board. 24 24 b. Department of commerce. 24 25 c. Department of general services. 24 26 d. Office of the governor. 24 27 e. Department of inspections and appeals. 24 28 f. Department of management. 24 29 g. Department of personnel. 24 30 h. Department of revenue and finance. 24 31 i. Office of state-federal relations. 24 32 2. The annual salaries of the deputy officers and 24 33 employees of the following state agencies shall not 24 34 exceed eighty percent of annual salary of the state 24 35 agency's elected principal officer: 24 36 a. Office of auditor of state. 24 37 b. Office of secretary of state. 24 38 c. Office of treasurer of state. 24 39 Sec. 41. SALARIES EXCEEDING LIMITS &endash; TRANSITION. 24 40 On the effective date of this Act, if the salary of 24 41 an officer or employee of the state departments and 24 42 offices listed in section 43 of this Act exceeds the 24 43 80 percent limitation, the salary of the officer or 24 44 employee shall be frozen at that pay rate until the 24 45 officer's or employee's salary is less than 80 percent 24 46 of the applicable principal officer's salary. When 24 47 the officer's or employee's salary is less than an 24 48 amount which equals the 80 percent limitation, the 24 49 officer or employee may receive salary adjustments as 24 50 otherwise provided by law, but total annual salary 25 1 shall not exceed the 80 percent limitation. 25 2 Sec. 42. Section 411.36, subsection 1, unnumbered 25 3 paragraph 1, Code 1995, as amended by 1995 Iowa Acts, 25 4 Senate File 45, section 5, is amended to read as 25 5 follows: 25 6 A board of trustees for the statewide fire and 25 7 police retirement system is created. The board shall 25 8 consist ofthirteenfourteen members, including nine 25 9 voting members andfourfive nonvoting members. 25 10 Section 69.16A applies to the appointment of the 25 11 voting members of the board. The voting members of 25 12 the board shall be as follows: 25 13 Sec. 43. Section 411.36, subsection 1, unnumbered 25 14 paragraph 2, Code 1995, as amended by 1995 Iowa Acts, 25 15 Senate File 45, section 5, is amended to read as 25 16 follows: 25 17 The treasurer of state, or the treasurer's 25 18 designee, shall serve as an ex officio, nonvoting 25 19 member. The other nonvoting members of the board 25 20 shall be two state representatives, one appointed by 25 21 the speaker of the house of representatives and one by 25 22 the minority leader of the house, and two state 25 23 senators, one appointed by the majority leader of the 25 24 senate and one by the minority leader of the senate. 25 25 Sec. 44. Section 411.36, subsection 2, Code 1995, 25 26 is amended to read as follows: 25 27 2.Except as otherwise provided for the initial25 28appointments, theThe voting members shall be 25 29 appointed for four-year terms, and the nonvoting 25 30 members who are members of the senate and the house of 25 31 representatives shall be appointed for two-year terms. 25 32 Terms begin on May 1 in the year of appointment and 25 33 expire on April 30 in the year of expiration. 25 34 Sec. 45. Section 411.36, subsection 5, paragraph 25 35 a, Code 1995, is amended to read as follows: 25 36 a. Members of the board, except the treasurer of 25 37 state or the treasurer's designee, shall be paid their 25 38 actual and necessary expenses incurred in the 25 39 performance of their duties and shall receive a per 25 40 diem as specified in section 7E.6 for each day of 25 41 service. Per diem and expenses shall be paid to 25 42 voting members from the fire and police retirement 25 43 fund created in section 411.8. 25 44 Sec. 46. Section 462A.78, subsection 5, Code 1995, 25 45 is amended to read as follows: 25 46 5. The funds collected under subsection 1, 25 47 paragraph "a", shall be placed in the general fund of 25 48 the county and used for the expenses of the county 25 49 conservation board if one exists in that county. Of 25 50 each surcharge collected as required under subsection 26 1 1, paragraph "b", the county recorder shall remit five 26 2 dollars to theoffice of treasurer of statedepartment 26 3 of revenue and finance for deposit in the general fund 26 4 of the state. 26 5 Sec. 47. NEW SECTION. 514C.11 PATIENT ACCESS TO 26 6 TYPES OF PHYSICIANS UNDER MANAGED CARE HEALTH PLAN OR 26 7 INDEMNITY PLAN WITH LIMITED PROVIDER NETWORK. 26 8 Notwithstanding section 514C.6, a managed care 26 9 health plan or indemnity plan with a limited provider 26 10 network shall provide patients direct access to each 26 11 type of physician, as defined in section 135.1 and 26 12 licensed under chapter 148, 150A, or 151, and shall 26 13 not condition that access upon a referral by a 26 14 physician licensed under another chapter. Access to a 26 15 specialist may be conditioned upon a referral by a 26 16 primary care provider licensed under the same chapter. 26 17 Any copayment, deductible, cost containment mechanism, 26 18 or premium rate shall not discriminate directly or 26 19 indirectly upon the basis of the license held by the 26 20 physician. Access to a specialist may be subject to a 26 21 different copayment or deductible than access to a 26 22 primary care provider. Access to a nonparticipating 26 23 physician may be restricted or may be subject to 26 24 different copayments, deductibles, or premium rates, 26 25 or may be excluded, provided that a plan shall not 26 26 differentiate or exclude a physician directly or 26 27 indirectly upon the basis of the license held by the 26 28 physician. 26 29 Each plan must demonstrate that it is capable of 26 30 serving appropriately the needs of the subscriber 26 31 population in the service area of the plan with regard 26 32 to patient access to each type of physician. 26 33 For purposes of this section, "managed care health 26 34 plan or indemnity plan with a limited provider 26 35 network" means a health maintenance organization, 26 36 organized delivery system, accountable health plan, 26 37 health care insurance plan which limits the number of 26 38 licensed physicians who can provide services under the 26 39 plan, preferred provider organization, exclusive 26 40 provider organization, restricted access network, or 26 41 similar health-care plan. For purposes of this 26 42 section, "physician" means as defined in section 135.1 26 43 and licensed under chapter 148, 150A, or 151. 26 44 Sec. 48. Section 533.4, subsections 1, 4, 5, and 26 45 19, Code 1995, are amended to read as follows: 26 46 1. Receivethe savings offrom its memberseither, 26 47 nonmembers as prescribed by rule where the credit 26 48 union is serving predominantly low-income members, 26 49 other credit unions, and federal, state, county, and 26 50 city governments, aspaymentpayments on shares or as 27 1 deposits,including the right to conduct Christmas27 2clubs, vacation clubs, and other such thrift27 3organizations within the membershipsubject to the 27 4 terms, rates, and conditions established by the board 27 5 of directors, subject to the limitations established 27 6 by rule by the superintendent. 27 7 4.DepositMake deposits in state and national 27 8 banks, state and federal savings banks or savings and 27 9 loan associations, and state and federal credit 27 10 unions, the accounts of which are insured by the 27 11 federal deposit insurance corporation or the national 27 12 credit union share insurance fund. 27 13 5. Make investments in: 27 14 a. Time deposits in state and national banksand27 15in state banks, state and federal savings banks or 27 16 savings and loan associations, and state and federal 27 17 credit unions, the deposits of which are insured by 27 18 the federal deposit insurance corporation or the 27 19 national credit union share insurance fund. 27 20 b. Obligations, participations, or other 27 21 instruments of or issued by, or fully guaranteed as to 27 22 principal and interest by the United States government 27 23 or any agency thereof; or any trust or trusts 27 24 established for investing directly or collectively in 27 25 the same. 27 26 c. General obligations of the state of Iowa and 27 27 any subdivisionthereofof the state. 27 28d. Paid-up deposits of savings and loan27 29associations, the deposits of which are insured by the27 30federal savings and loan insurance corporation.27 31e.d. Purchase of notes of liquidating credit 27 32 unions with the approval of the superintendent. 27 33f.e. Shares and deposits in other credit unions. 27 34g.f. Shares, stocks, loans, and other obligations 27 35 or a combination thereof of an organization, 27 36 corporation, or association, provided the membership 27 37 or ownership, as the case may be, of the organization, 27 38 corporation, or association is primarily confined or 27 39 restricted to credit unions or organizations of credit 27 40 unions and provided that the purpose of the 27 41 organization, corporation, or association is primarily 27 42 designed to provide services to credit unions, 27 43 organizations of credit unions, or credit union 27 44 members. However, the aggregate amount invested 27 45 pursuant to this subsection shall not exceed five 27 46 percent of the assets of the credit union. 27 47h.g. Obligations issued by federal land banks, 27 48 federal intermediate credit banks, banks for 27 49 cooperatives, or any or all of the federal farm credit 27 50 banks. 28 1i.h. Commercial paper issued by United States 28 2 corporations as defined by rule. 28 3j.i. Corporate bonds as defined by and subject to 28 4 terms and conditions imposed by the administrator, 28 5 provided that the administrator shall not approve 28 6 investment in corporate bonds unless the bonds are 28 7 rated in the two highest grades of corporate bonds by 28 8 a nationally accepted rating agency, including but not 28 9 limited to a rating of AAA or AA from Standard and 28 10 Poors. 28 11 19. Establish one or more offices other than its 28 12 main office, subject to the approval and regulation of 28 13 the superintendent, if such officesshall beare 28 14 reasonably necessary to furnish service to its 28 15 membership. A credit union office may furnish all 28 16 credit union services ordinarily furnished to the 28 17 membership at the principal place of business of the 28 18 credit union which operates the office. All 28 19 transactions of a credit union office shall be 28 20 transmitted daily to the principal place of business 28 21 of the credit union which operates the office, andno28 22 current recordkeeping functions shall not be 28 23 maintained at a credit union office except to the 28 24 extent the credit union which operates the office 28 25 deems it desirable to keep at the office duplicates of 28 26 the records kept at the principal place of business of 28 27 the credit union. The central executive and official 28 28 business functions of a credit union shall be 28 29 exercised only at the principal place of business. 28 30 A credit union office shall not be opened without 28 31 the prior written approval of the superintendent. 28 32 Upon application by a credit union in the form 28 33 prescribed by the superintendent, the superintendent 28 34 shall determine, after notice and hearing, if the 28 35 establishment of the credit union office is reasonably 28 36 necessary for service to, and is in the best interests 28 37 of, the members of the credit union. 28 38 Notwithstanding the provisions of this section, 28 39 data processing services and loan documentation 28 40 recordkeeping functions may be performed or located at 28 41 an authorized credit union office or at some other 28 42 location, subject to the approval of the 28 43 superintendent. 28 44 Sec. 49. Section 533.16, subsection 3, Code 1995, 28 45 is amended to read as follows: 28 46 3. A director of a credit union may borrow from 28 47 that credit union under the provisions of this 28 48 chapter, but the rates, terms, and conditions of a 28 49 loan or line of credit either made to or endorsed or 28 50 guaranteed by the director shall not bemade on terms29 1 more favorable thanthose extendedthe rates, terms, 29 2 or conditions of comparable loans or lines of credit 29 3 provided to other members.A director of a credit29 4union may borrow from that credit union to the extent29 5and in the amount of such director's holdings in the29 6credit union in shares and deposits. A director29 7desiring to borrow from the credit union an amount in29 8excess of the director's holdings in shares and29 9deposits shall first submit application for approval29 10by the board of directors at a regular or special29 11meeting. The director making application for the loan29 12shall not be in attendance at the time the board of29 13directors considers the application and shall not take29 14part in the consideration. Prior to consideration of29 15such loan, the director must have submitted to the29 16board a detailed current financial statement.The 29 17 aggregate amount of all director loans and lines of 29 18 credit shall not exceedtwentytwenty-five percent of 29 19 the assets of the credit union. 29 20 Sec. 50. Section 533.16, subsection 4, paragraph 29 21 c, Code 1995, is amended by striking the paragraph and 29 22 inserting in lieu thereof the following: 29 23 c. A credit union which obtains a report or 29 24 opinion by an attorney or from another mortgage lender 29 25 relating to defects in or liens or encumbrances on the 29 26 title to real property, the unmarketability of the 29 27 title to real property, or the invalidity or 29 28 unenforceability of liens or encumbrances on real 29 29 property, shall provide a copy of the report or 29 30 opinion to the mortgagor and the mortgagor's attorney. 29 31 Sec. 51. Section 533.17, subsection 1, unnumbered 29 32 paragraph 1, Code 1995, is amended to read as follows: 29 33Immediately before the payment of a dividendAt the 29 34 end of each dividend period, but no less than 29 35 quarterly, the gross income of the credit union shall 29 36determine its gross earningsbe determined. A legal 29 37 reservefor contingenciesagainst losses on loans and 29 38 against such other losses as may be specified by rule 29 39 shall be set aside from the grossearningsincome in 29 40 accordance with the following schedule: 29 41 Sec. 52. Section 533.17, subsection 2, Code 1995, 29 42 is amended to read as follows: 29 43 2. For the purpose of establishing legal reserves, 29 44 the following shall not be considered risk assets: 29 45 a. Cash on hand. 29 46 b. Deposits and shares infederal or state29 47 federally insured banks, savings and loan 29 48 associations, and credit unions. 29 49 c. Assets which are insured by, fully guaranteed 29 50 as to principal and interest by, or due from the 30 1 United States government, its agencies, and 30 2 instrumentalities. 30 3 d. Loans to other credit unions. 30 4 e. Student loans insured under the provisions of 30 5 Title XX, United States Code, section 1071 to section 30 6 1087 or similar state programs. 30 7 f. Loans insured by the federal housing 30 8 administration under Title XII, United States Code, 30 9 section 1703. 30 10 g. Loans fully insured or guaranteed by the 30 11 federal government, a state government, or any agency 30 12 of either. 30 13g.h. Common trust investments which deal in 30 14 investments authorized in section 533.4. 30 15h.i. Prepaid expenses. 30 16i.j. Accrued interest on nonrisk investments. 30 17j.k. Furniture and equipment. 30 18k.l. Land and buildings. 30 19 m. Loans fully secured by a pledge of shares 30 20 within the credit union. 30 21 n. Deposits in the national credit union share 30 22 insurance fund. 30 23 o. Real estate loans in transit to the secondary 30 24 market as specified by rule. 30 25 Sec. 53. Section 533.18, Code 1995, is amended to 30 26 read as follows: 30 27 533.18 DIVIDENDS. 30 281.At such intervals and for such periods as the 30 29 board of directors may authorize, and aftertransfers30 30to theprovision for required reserves pursuant to 30 31 section 533.17, the board of directors may declare 30 32 dividends at such rates and upon such classes of 30 33 shares as are determined by the board. Such dividends 30 34 shall be paid on all paid-up shares outstanding at the 30 35 close of the period for which the dividend is 30 36 declared. 30 372. Shares which become fully paid up during such30 38dividend period and are outstanding at the close of30 39period shall be entitled to a proportional share of30 40such dividend.30 413. Dividend credit for a month may be accrued on30 42shares which are or become fully paid up during the30 43first fifteen days of that month.30 44Sec. 54. NEW SECTION. 533.49 AUTHORITY TO LEASE 30 45 SAFE DEPOSIT BOXES. 30 46 1. A credit union may lease safe deposit boxes for 30 47 the storage of property on terms and conditions 30 48 prescribed by it. Such terms and conditions shall not 30 49 bind any person to whom the credit union does not give 30 50 notice of the terms and conditions by delivery of a 31 1 lease and agreement in writing containing the terms 31 2 and conditions. A credit union may limit its 31 3 liability provided such limitations are set forth in 31 4 the lease and agreement in at least the same size and 31 5 type as the other substantive provisions of the 31 6 contract. 31 7 2. The lease and agreement of a safe deposit box 31 8 may provide that evidence tending to prove that 31 9 property was left in a safe deposit box upon the last 31 10 entry by the member or the member's authorized agent, 31 11 and that the property or any part of the property was 31 12 found missing upon subsequent entry, is not sufficient 31 13 to raise a presumption that the property was lost by 31 14 any negligence or wrongdoing for which the credit 31 15 union is responsible, or put upon the credit union the 31 16 burden of proof that the alleged loss was not the 31 17 fault of the credit union. 31 18 3. A credit union may lease a safe deposit box to 31 19 a minor. A credit union may deal with a minor with 31 20 respect to a safe deposit box lease and agreement 31 21 without the consent of a parent, guardian, or 31 22 conservator and with the same effect as though the 31 23 minor were an adult. Any action of the minor with 31 24 respect to such safe deposit box lease and agreement 31 25 is binding on the minor with the same effect as though 31 26 the minor were an adult. 31 27 4. A credit union which has on file a power of 31 28 attorney of a member covering a safe deposit box lease 31 29 and agreement, which has not been revoked by the 31 30 member, shall incur no liability as a result of 31 31 continuing to honor the provisions of the power of 31 32 attorney in the event of the death or incompetence of 31 33 the donor of the power of attorney until the credit 31 34 union receives written notice of the death, or written 31 35 notice of adjudication by a court of the incompetence 31 36 of the member and the appointment of a guardian or 31 37 conservator. 31 38 Sec. 55. NEW SECTION. 533.49A SEARCH PROCEDURE 31 39 ON DEATH. 31 40 A credit union shall permit the person named in a 31 41 court order or, if no order has been served upon the 31 42 credit union, the spouse, a parent, an adult 31 43 descendant, or a person named as executor in a copy of 31 44 a purported will produced by the person, to open and 31 45 examine the contents of a safe deposit box leased by a 31 46 decedent, or to examine any property delivered by a 31 47 decedent for safekeeping, in the presence of an 31 48 officer of the credit union. The credit union, if 31 49 requested by such person, and upon the credit union's 31 50 receipt of the request, shall deliver: 32 1 1. Any writing purported to be a will of the 32 2 decedent to the court having jurisdiction of the 32 3 decedent's estate. 32 4 2. Any writing purported to be a deed to a burial 32 5 plot, or to give burial instructions, to the person 32 6 making the request for a search. 32 7 3. Any document purported to be an insurance 32 8 policy on the life of the decedent to the beneficiary 32 9 named in the policy. A credit union shall prepare and 32 10 keep a list of any contents delivered pursuant to this 32 11 section describing the nature of the property and the 32 12 individual to whom delivered, and place a copy of the 32 13 list in the safe deposit box from which the contents 32 14 were removed. 32 15 Sec. 56. NEW SECTION. 533.49B ADVERSE CLAIMS TO 32 16 PROPERTY IN SAFE DEPOSIT AND SAFEKEEPING. 32 17 1. A credit union shall not be required, in the 32 18 absence of a court order or indemnity required by this 32 19 section, to recognize any claim to, or claim of 32 20 authority to exercise control over, property held in 32 21 safe deposit or property held for safekeeping pursuant 32 22 to section 533.49D made by a person or persons other 32 23 than the following: 32 24 a. The member in whose name the property is held 32 25 by the credit union. 32 26 b. An individual or group of individuals who are 32 27 authorized to have access to the safe deposit box, or 32 28 to the property held for safekeeping, pursuant to a 32 29 certified corporate resolution or other written 32 30 arrangement with the member, currently on file with 32 31 the credit union, which has not been revoked by valid 32 32 corporate action in the case of a corporation, or by a 32 33 valid agreement or other valid action appropriate for 32 34 the form of legal organization of any other member, of 32 35 which the credit union has received notice and which 32 36 is not the subject of a dispute known to the credit 32 37 union as to its original validity. The safe deposit 32 38 and safekeeping account records of a credit union 32 39 shall be presumptive evidence as to the identity of 32 40 the member on whose behalf the property is held. 32 41 2. To require a credit union to recognize an 32 42 adverse claim to, or adverse claim of authority to 32 43 control, property held in safe deposit or for 32 44 safekeeping, whoever makes the claim must do either of 32 45 the following: 32 46 a. Obtain and serve on the credit union an 32 47 appropriate court order or judicial process directed 32 48 to the credit union, restraining any action with 32 49 respect to the property until further order of the 32 50 court or instructing the credit union to deliver the 33 1 property, in whole or in part, as indicated in the 33 2 order or process. 33 3 b. Deliver to the credit union a bond, in form and 33 4 amount with sureties satisfactory to the credit union, 33 5 indemnifying the credit union against any liability, 33 6 loss, or expense which the credit union might incur 33 7 because of its refusal to deliver the property to any 33 8 person described in subsection 1, paragraph "a" or 33 9 "b". 33 10 Sec. 57. NEW SECTION. 533.49C REMEDIES AND 33 11 PROCEEDINGS FOR NONPAYMENT OF RENT ON SAFE DEPOSIT 33 12 BOX. 33 13 1. A credit union has a lien upon the contents of 33 14 a safe deposit box for past due rentals and any 33 15 expense incurred in opening the safe deposit box, 33 16 replacement of the locks on the safe deposit box, and 33 17 of a sale made pursuant to this section. If the 33 18 rental of a safe deposit box is not paid within six 33 19 months from the day the rental is due, at any time 33 20 after the six months and while the rental remains 33 21 unpaid, the credit union shall mail a notice by 33 22 restricted certified mail to the member at the 33 23 member's last known address as shown upon the records 33 24 of the credit union, stating that if the amount due 33 25 for the rental is not paid on or before a specified 33 26 day, which shall be at least thirty days after the 33 27 date of mailing such notice, the credit union will 33 28 remove the contents of the safe deposit box and hold 33 29 the contents for the account of the member. 33 30 2. If the rental for the safe deposit box has not 33 31 been paid after the expiration of the period specified 33 32 in a notice mailed pursuant to subsection 1, the 33 33 credit union, in the presence of two of its officers, 33 34 may cause the box to be opened and the contents 33 35 removed. An inventory of the contents of the safe 33 36 deposit box shall be made by the two officers present 33 37 and the contents held by the credit union for the 33 38 account of the member. 33 39 3. If the contents are not claimed within two 33 40 years after their removal from the safe deposit box, 33 41 the credit union may proceed to sell so much of the 33 42 contents as is necessary to pay the past due rentals 33 43 and expense incurred in opening the safe deposit box, 33 44 replacement of the locks on the safe deposit box, and 33 45 the sale of the contents. The sale shall be held at 33 46 the time and place specified in a notice published 33 47 prior to the sale once each week for two successive 33 48 weeks in a newspaper of general circulation published 33 49 in the city or unincorporated area in which the credit 33 50 union has its principal place of business, or if there 34 1 is none, a newspaper of general circulation published 34 2 in the county, or in a county adjoining the county, in 34 3 which the credit union has its principal place of 34 4 business. A copy of the published notice shall be 34 5 mailed to the member at the member's last known 34 6 address as shown upon the records of the credit union. 34 7 The notice shall contain the name of the member and 34 8 need only describe the contents of the safe deposit 34 9 box in general terms. The contents of any number of 34 10 safe deposit boxes may be sold under one notice of 34 11 sale and the cost of the sale apportioned ratably 34 12 among the several safe deposit box members involved. 34 13 At the time and place designated in the notice the 34 14 contents taken from each respective safe deposit box 34 15 shall be sold separately to the highest bidder for 34 16 cash and the proceeds of each sale applied to the 34 17 rentals and expenses due to the credit union and the 34 18 residue from any such sale shall be held by the credit 34 19 union for the account of the member or members. An 34 20 amount held as proceeds from such sale shall be 34 21 credited with interest at the customary annual rate 34 22 for savings accounts at the credit union, or in lieu 34 23 thereof, at the customary rate of interest in the 34 24 community where such proceeds are held. The crediting 34 25 of interest does not activate the account to avoid an 34 26 abandonment as unclaimed property under chapter 556. 34 27 4. Notwithstanding the provisions of this section, 34 28 shares, bonds, or other securities which, at the time 34 29 of a sale pursuant to subsection 3, are listed on an 34 30 established stock exchange in the United States, shall 34 31 not be sold at public sale but may be sold through an 34 32 established stock exchange. Upon making a sale of any 34 33 such securities, an officer of the credit union shall 34 34 execute and attach to the securities so sold an 34 35 affidavit reciting facts showing that the securities 34 36 were sold pursuant to this section and that the credit 34 37 union has complied with the provisions of this 34 38 section. The affidavit constitutes sufficient 34 39 authority to any corporation whose shares are sold or 34 40 to any registrar or transfer agent of such corporation 34 41 to cancel the certificates representing the shares to 34 42 the purchaser of the shares, and to any registrar, 34 43 trustee, or transfer agent of registered bonds or 34 44 other securities, to register any such bonds or other 34 45 securities in the name of the purchaser of the bonds 34 46 or other securities. 34 47 5. The proceeds of any sale made pursuant to this 34 48 section, after the payment of any amounts with respect 34 49 to which the credit union has a lien, any property 34 50 which was not offered for sale and property which, 35 1 although offered for sale, was not sold, shall be 35 2 retained by the credit union until such time as the 35 3 property is presumed abandoned according to section 35 4 556.2, and shall be handled pursuant to chapter 556. 35 5 Sec. 58. NEW SECTION. 533.49D AUTHORITY TO 35 6 RECEIVE PROPERTY FOR SAFEKEEPING. 35 7 1. A credit union may accept property for 35 8 safekeeping if, except in the case of night 35 9 depositories, the credit union issues a receipt for 35 10 the property. A credit union accepting property for 35 11 safekeeping shall purchase and maintain reasonable 35 12 insurance coverage to ensure against loss incurred in 35 13 connection with the acceptance of property for 35 14 safekeeping. Property held for safekeeping shall not 35 15 be commingled with the property of the credit union or 35 16 the property of others. 35 17 2. A credit union has a lien upon any property 35 18 held for safekeeping and for expenses incurred in any 35 19 sale made pursuant to this subsection. If the charge 35 20 for safekeeping of property is not paid within six 35 21 months from the day the charge is due, at any time 35 22 after the six months and while the charge remains 35 23 unpaid, the credit union may mail a notice to the 35 24 member at the member's last known address as shown 35 25 upon the records of the credit union, stating that if 35 26 the amount due is not paid on or before a specified 35 27 day, which shall be at least thirty days after the 35 28 date of mailing the notice, the credit union will 35 29 remove the property from safekeeping and hold the 35 30 property for the account of the member. After the 35 31 expiration of the period specified in the notice, if 35 32 the charge for safekeeping has not been paid, the 35 33 credit union may remove the property from safekeeping, 35 34 cause the property to be inventoried, and hold the 35 35 property for the account of the member. If the 35 36 property is not claimed within two years after its 35 37 removal from safekeeping the credit union may proceed 35 38 to sell so much of the property as is necessary to pay 35 39 the charge which remains unpaid and the expense 35 40 incurred in making the sale in the manner provided for 35 41 in section 533.49C, subsections 3 and 4. The proceeds 35 42 of any sale made pursuant to this section, after 35 43 payment of any amounts with respect to which the 35 44 credit union has a lien, any property which was not 35 45 offered for sale, and property which, although offered 35 46 for sale, was not sold, shall be retained by the 35 47 credit union until such time as the property is 35 48 presumed abandoned according to section 556.2, and 35 49 shall be handled pursuant to chapter 556. 35 50 Sec. 59. Section 533.62, subsection 4, Code 1995, 36 1 is amended by striking the subsection and inserting in 36 2 lieu thereof the following: 36 3 4. a. A loan of money or property shall not be 36 4 made directly or indirectly by a state-chartered 36 5 credit union, or by its officers, directors, or 36 6 employees, to the superintendent, deputy, or employee 36 7 of the credit union division. The superintendent, 36 8 deputy, or employee of the credit union division shall 36 9 not accept from a state-chartered credit union, or its 36 10 officers, directors, or employees, a loan of money or 36 11 property, either directly or indirectly. 36 12 b. The superintendent, deputy, or employee of the 36 13 credit union division shall not perform any services 36 14 for or be an officer, director, or employee of a 36 15 state-chartered credit union. 36 16 c. A person who willfully undertakes to establish 36 17 a business dealing contrary to this section commits a 36 18 serious misdemeanor, and shall be permanently 36 19 disqualified from acting as an officer, director, or 36 20 employee of a state-chartered credit union and 36 21 permanently disqualified from acting as 36 22 superintendent, deputy, or employee of the credit 36 23 union division. 36 24 d. The superintendent, deputy, or employee of the 36 25 credit union division who is convicted of theft, 36 26 burglary, robbery, larceny, or embezzlement as a 36 27 result of a violation of the laws of any state or of 36 28 the United States while holding such position shall be 36 29 immediately disqualified from employment and shall be 36 30 forever disqualified from holding any position in the 36 31 credit union division. 36 32 Sec. 60. Section 554.9401, subsection 6, Code 36 33 1995, is amended to read as follows: 36 34 6. Of each fee collected by the county recorder 36 35 under sections 570A.4, 554.9403, 554.9405, and 36 36 554.9406, the county recorder shall remit five 36 37 dollars, if filed on a standard form or six dollars 36 38 otherwise, to theoffice of the treasurer of state36 39 department of revenue and finance for deposit in the 36 40 general fund of the state. 36 41 Sec. 61. Section 99D.5, subsection 1, Code 1995, 36 42 is amended to read as follows: 36 43 1. A state racing and gaming commission is created 36 44 within the department of inspections and appeals 36 45 consisting of five members who shall be appointed by 36 46 the governor subject to confirmation by the senate, 36 47 and who shall serve not to exceed a three-year term at 36 48 the pleasure of the governor. The term of each member 36 49 shall begin and end as provided in section 69.19. 36 50 Before a person is appointed to the commission, the 37 1 division of criminal investigation of the department 37 2 of public safety shall conduct a thorough background 37 3 investigation of the proposed appointee. The proposed 37 4 appointee shall provide information on a form as 37 5 required by the division of criminal investigation. 37 6 The background investigation shall be the same as 37 7 conducted for an applicant for a license to conduct 37 8 pari-mutuel wagering. The information shall be made 37 9 available to the members of the senate standing 37 10 committee assigned to investigate and recommend 37 11 confirmation of an appointee. 37 12 Sec. 62. Section 515A.15, Code 1995, as amended by 37 13 1995 Iowa Acts, House File 247, section 24, is amended 37 14 to read as follows: 37 15 515A.15 ASSIGNED RISKS. 37 16 Agreements shall be made among insurers with 37 17 respect to the equitable apportionment among them of 37 18 insurance which may be afforded applicants who are in 37 19 good faith entitled to but who are unable to procure 37 20 such insurance through ordinary methods and such 37 21 insurers may agree among themselves on the use of 37 22 reasonable rate modifications for such insurance, the 37 23 agreements and rate modifications to be subject to the 37 24 approval of the commissioner. 37 25 For purposes of this section, "insurer" includes, 37 26 in addition to insurers defined pursuant to section 37 27 515A.2, an entity which has submitted a plan of self- 37 28 insurance for approval pursuant to section 87.4 on or 37 29 before May 1, 1995, and a self-insurance association 37 30 formed on or after July 1, 1995, pursuant to section 37 31 87.4 except for an association comprised of cities or 37 32 counties, or both, or an association comprised of 37 33 community colleges as defined in section 260C.2, which 37 34 have entered into an agreement pursuant to chapter 28E 37 35 for the purpose of establishing a self-insured program 37 36 for the payment of workers' compensation benefits. 37 37 Sec. 63. REPEAL. Sections 12.9, 12.12, and 12.13, 37 38 Code 1995, are repealed. 37 39 Sec. 64. EFFECTIVE DATE. This section and 37 40 sections 40, 41, 42, 43, 44, and 45, being deemed of 37 41 immediate importance, take effect upon enactment. 37 42 Sections 30 and 31 of this Act take effect on June 30, 37 43 1995. The remainder of this Act takes effect on July 37 44 1, 1995.""" 37 45 37 46 37 47 37 48 PATTY JUDGE 37 49 SF 484.20 37 50 tj/cc/26
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