Text: SSB00364 Text: SSB00366 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. AUDITOR OF STATE. There is appropriated from 1 2 the general fund of the state to the office of the auditor of 1 3 state for the fiscal year beginning July 1, 1995, and ending 1 4 June 30, 1996, the following amount, or so much thereof as is 1 5 necessary, to be used for the purposes designated: 1 6 For salaries, support, maintenance, miscellaneous purposes, 1 7 and for not more than the following full-time equivalent 1 8 positions: 1 9 .................................................. $ 1,269,633 1 10 ............................................... FTEs 112.50 1 11 The auditor of state may retain additional full-time 1 12 equivalent positions as is reasonable and necessary to perform 1 13 governmental subdivision audits which are reimbursable 1 14 pursuant to section 11.20 or 11.21, to perform audits which 1 15 are requested by and reimbursable from the federal government, 1 16 and to perform work requested by and reimbursable from 1 17 departments or agencies pursuant to section 11.5A or 11.5B. 1 18 The auditor of state shall notify the department of 1 19 management, the legislative fiscal committee, and the 1 20 legislative fiscal bureau of the additional full-time 1 21 equivalent positions retained. 1 22 Sec. 2. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There 1 23 is appropriated from the general fund of the state to the Iowa 1 24 ethics and campaign disclosure board for the fiscal year 1 25 beginning July 1, 1995, and ending June 30, 1996, the 1 26 following amount, or so much thereof as is necessary, for the 1 27 purposes designated: 1 28 For salaries, support, maintenance, miscellaneous purposes, 1 29 and for not more than the following full-time equivalent 1 30 positions: 1 31 .................................................. $ 362,512 1 32 ............................................... FTEs 8.00 1 33 Sec. 3. DEPARTMENT OF COMMERCE. There is appropriated 1 34 from the general fund of the state to the department of 1 35 commerce for the fiscal year beginning July 1, 1995, and 2 1 ending June 30, 1996, the following amounts, or so much 2 2 thereof as is necessary, for the purposes designated: 2 3 1. PROFESSIONAL LICENSING AND REGULATION DIVISION 2 4 a. For salaries, support, maintenance, miscellaneous 2 5 purposes, and for not more than the following full-time 2 6 equivalent positions: 2 7 .................................................. $ 897,802 2 8 ............................................... FTEs 14.00 2 9 b. There is appropriated from the title guaranty fund 2 10 created in section 16.91 to the professional licensing and 2 11 regulation division, an amount up to $25,000, to be used to 2 12 pay half the cost of employing an auditor for real estate 2 13 broker trust accounts. In addition to the amount appropriated 2 14 in this paragraph, the commission may increase the license 2 15 fees provided for in section 543B.27 in an amount sufficient 2 16 to pay half the cost of employing an auditor for real estate 2 17 broker trust accounts. 2 18 2. ADMINISTRATIVE SERVICES DIVISION 2 19 For salaries, support, maintenance, miscellaneous purposes, 2 20 and for not more than the following full-time equivalent 2 21 positions: 2 22 .................................................. $ 211,586 2 23 ............................................... FTEs 2.00 2 24 It is the intent of the general assembly that the two 2 25 positions authorized in this subsection for the division shall 2 26 coordinate the administrative services to be provided to the 2 27 divisions in the department. These two positions are under 2 28 the direct supervision of, and shall report to, the director 2 29 of the department. 2 30 The division of administrative services shall assess each 2 31 division within the department of commerce and the office of 2 32 consumer advocate within the department of justice a pro rata 2 33 share of the operating expenses of the division of 2 34 administrative services. The pro rata share shall be 2 35 determined pursuant to a cost allocation plan established by 3 1 the division of administrative services and agreed to by the 3 2 administrators of the divisions and the consumer advocate. To 3 3 the extent practicable, the cost allocation plan shall be 3 4 based on the proportion of the administrative expenses 3 5 incurred on behalf of each division and the office of consumer 3 6 advocate. Each division and the office of consumer advocate 3 7 shall include in its charges assessed or revenues generated, 3 8 an amount sufficient to cover the amount stated in its 3 9 appropriation, any state-assessed indirect costs determined by 3 10 the department of revenue and finance, and the cost of 3 11 services provided by the division of administrative services. 3 12 3. ALCOHOLIC BEVERAGES DIVISION 3 13 For salaries, support, maintenance, miscellaneous purposes, 3 14 and for not more than the following full-time equivalent 3 15 positions: 3 16 .................................................. $ 1,773,619 3 17 ............................................... FTEs 33.50 3 18 The Iowa telecommunications and technology commission shall 3 19 transfer to the alcoholic beverages division of the department 3 20 of commerce for the fiscal year beginning July 1, 1995, and 3 21 ending June 30, 1996, the sum of $67,000 or so much thereof as 3 22 is necessary to fully reimburse the licensing and regulatory 3 23 bureau for an employee classified as a public service 3 24 executive 3. 3 25 4. BANKING DIVISION 3 26 For salaries, support, maintenance, miscellaneous purposes, 3 27 and for not more than the following full-time equivalent 3 28 positions: 3 29 .................................................. $ 5,375,058 3 30 ............................................... FTEs 84.00 3 31 5. CREDIT UNION DIVISION 3 32 For salaries, support, maintenance, miscellaneous purposes, 3 33 and for not more than the following full-time equivalent 3 34 positions: 3 35 .................................................. $ 1,047,066 4 1 .............................................. FTEs 20.00 4 2 6. INSURANCE DIVISION 4 3 For salaries, support, maintenance, miscellaneous purposes, 4 4 and for not more than the following full-time equivalent 4 5 positions: 4 6 .................................................. $ 2,777,339 4 7 ............................................... FTEs 90.50 4 8 Of the amounts appropriated in this section to the 4 9 insurance division, not more than $100,000 shall be used for 4 10 the regulation of health insurance purchasing cooperatives. 4 11 The insurance division shall monitor public utilization of 4 12 the coverages identified in chapter 514C under managed care 4 13 plans in this state. 4 14 The insurance division may reallocate authorized full-time 4 15 equivalent positions as necessary to respond to accreditation 4 16 recommendations or requirements. The insurance division 4 17 expenditures for examination purposes may exceed the projected 4 18 receipts, refunds and reimbursements, estimated pursuant to 4 19 section 505.7, subsection 7, including the expenditures for 4 20 retention of additional personnel, if the expenditures are 4 21 fully reimburseable and the division first does both of the 4 22 following: 4 23 a. Notifies the department of management, legislative 4 24 fiscal bureau, and the legislative fiscal committee of the 4 25 need for the expenditures. 4 26 b. Files with each of the entities named in paragraph "a" 4 27 the legislative and regulatory justification for the 4 28 expenditures, along with an estimate of the expenditures. 4 29 7. UTILITIES DIVISION 4 30 For salaries, support, maintenance, miscellaneous purposes, 4 31 and for not more than the following full-time equivalent 4 32 positions: 4 33 .................................................. $ 4,911,871 4 34 ............................................... FTEs 79.00 4 35 The utilities division may expend additional funds, 5 1 including funds for additional personnel, if those additional 5 2 expenditures are actual expenses which exceed the funds 5 3 budgeted for utility regulation. Before the division expends 5 4 or encumbers an amount in excess of the funds budgeted for 5 5 regulation, the director of the department of management shall 5 6 approve the expenditure or encumbrance. Before approval is 5 7 given, the director of the department of management shall 5 8 determine that the regulation expenses exceed the funds 5 9 budgeted by the general assembly to the division and that the 5 10 division does not have other funds from which regulation 5 11 expenses can be paid. Upon approval of the director of the 5 12 department of management the division may expend and encumber 5 13 funds for excess regulation expenses. The amounts necessary 5 14 to fund the excess regulation expenses shall be collected from 5 15 those utility companies being regulated which caused the 5 16 excess expenditures, and the collections shall be treated as 5 17 repayment receipts as defined in section 8.2. 5 18 Sec. 4. There is appropriated from the general fund of the 5 19 state to the following named agencies for the fiscal year 5 20 beginning July 1, 1995, and ending June 30, 1996, the 5 21 following amounts, or so much thereof as is necessary, to be 5 22 used for the purposes designated: 5 23 1. COMMISSION ON UNIFORM STATE LAWS 5 24 For support of the commission and expenses of the members: 5 25 .................................................. $ 20,127 5 26 2. NATIONAL CONFERENCE OF STATE LEGISLATURES 5 27 For support of the membership assessment: 5 28 .................................................. $ 87,719 5 29 Sec. 5. There is appropriated from the general fund of the 5 30 state to the department of general services for the fiscal 5 31 year beginning July 1, 1995, and ending June 30, 1996, the 5 32 following amounts, or so much thereof as is necessary, to be 5 33 used for the purposes designated: 5 34 1. ADMINISTRATION DIVISION 5 35 For salaries, support, maintenance, miscellaneous purposes, 6 1 and for not more than the following full-time equivalent 6 2 positions: 6 3 .................................................. $ 1,131,951 6 4 ............................................... FTEs 31.35 6 5 2. INFORMATION SERVICES DIVISION 6 6 For salaries, support, maintenance, miscellaneous purposes, 6 7 and for not more than the following full-time equivalent 6 8 positions: 6 9 .................................................. $ 5,294,162 6 10 ............................................... FTEs 141.60 6 11 3. PROPERTY MANAGEMENT DIVISION 6 12 For salaries, support, maintenance, miscellaneous purposes, 6 13 and for not more than the following full-time equivalent 6 14 positions: 6 15 .................................................. $ 3,776,252 6 16 ............................................... FTEs 112.00 6 17 The department of general services shall not change the 6 18 appropriations for the purposes designated in subsections 1 6 19 through 3 from the amounts appropriated under those 6 20 subsections unless notice of the revisions is given prior to 6 21 their effective date to the legislative fiscal bureau. The 6 22 notice shall include information on the department's rationale 6 23 for making the changes. 6 24 Savings achieved in providing telephone services shall be 6 25 used by the department of general services to increase 6 26 efficiencies in the provision of those services. The 6 27 department of general services shall report not later than 6 28 August 31, 1996, on the projects undertaken to the 6 29 chairpersons and the ranking members of the joint 6 30 appropriations subcommittee on administration and regulation 6 31 and to the legislative fiscal bureau. The report shall 6 32 include a listing of the projects and efficiencies undertaken 6 33 during the fiscal year, the cost of each project, and the 6 34 benefits, including the projected savings on an annual basis 6 35 and for the life of the efficiency improvement. 7 1 4. RENTAL SPACE 7 2 For payment of lease or rental costs of buildings and 7 3 office space at the seat of government as provided in section 7 4 18.12, subsection 9, notwithstanding section 18.16: 7 5 .................................................. $ 588,196 7 6 5. UTILITY COSTS 7 7 For payment of utility costs and for not more than the 7 8 following full-time equivalent positions: 7 9 .................................................. $ 1,992,255 7 10 ............................................... FTEs 1.00 7 11 The department of general services may use funds 7 12 appropriated in this subsection for utility costs to fund 7 13 energy conservation projects in the state capitol complex 7 14 which will have a 100 percent payback within a 24-month 7 15 period. In addition, notwithstanding sections 8.33 and 18.12, 7 16 subsection 11, any excess funds appropriated for utility costs 7 17 in this subsection shall not revert to the general fund of the 7 18 state on June 30, 1996, and these funds shall be used for 7 19 implementation of energy conservation projects having a 7 20 payback of 100 percent within a two-year to six-year period. 7 21 The department of general services shall report not later than 7 22 August 31, 1996, on the projects having 100 percent payback 7 23 within a six-year period to the chairpersons and ranking 7 24 members of the joint appropriations subcommittee on 7 25 administration and regulation and to the legislative fiscal 7 26 bureau. The report shall include a listing of the projects 7 27 undertaken, the cost of each project, and the projected 7 28 savings on an annual basis and for the life of the project. 7 29 6. TERRACE HILL OPERATIONS 7 30 For salaries, support, maintenance, and miscellaneous 7 31 purposes necessary for the operation of Terrace Hill and for 7 32 not more than the following full-time equivalent positions: 7 33 .................................................. $ 158,326 7 34 ............................................... FTEs 4.00 7 35 Sec. 6. There is appropriated from the designated 8 1 revolving funds to the department of general services for the 8 2 fiscal year beginning July 1, 1995, and ending June 30, 1996, 8 3 the following amounts, or so much thereof as is necessary, to 8 4 be used for the purposes designated: 8 5 1. From the centralized printing permanent revolving fund 8 6 established by section 18.57 for salaries, support, 8 7 maintenance, miscellaneous purposes, and for not more than the 8 8 following full-time equivalent positions: 8 9 .................................................. $ 912,217 8 10 ............................................... FTEs 26.05 8 11 2. The remainder of the centralized printing permanent 8 12 revolving fund is appropriated for the expense incurred in 8 13 supplying paper stock, offset printing, copy preparation, 8 14 binding, distribution costs, original payment of printing and 8 15 binding claims and contingencies arising during the fiscal 8 16 year beginning July 1, 1995, and ending June 30, 1996, which 8 17 are legally payable from this fund. 8 18 3. From the centralized purchasing permanent revolving 8 19 fund established by section 18.9 for salaries, support, 8 20 maintenance, miscellaneous purposes, and for not more than the 8 21 following full-time equivalent positions: 8 22 .................................................. $ 734,140 8 23 ............................................... FTEs 16.05 8 24 4. The remainder of the centralized purchasing permanent 8 25 revolving fund is appropriated for the payment of expenses 8 26 incurred through purchases by various state departments and 8 27 for contingencies arising during the fiscal year beginning 8 28 July 1, 1995, and ending June 30, 1996, which are legally 8 29 payable from this fund. 8 30 5. From the vehicle dispatcher revolving fund established 8 31 by section 18.119 for salaries, support, maintenance, 8 32 miscellaneous purposes, and for not more than the following 8 33 full-time equivalent positions: 8 34 .................................................. $ 625,075 8 35 ............................................... FTEs 15.00 9 1 6. The remainder of the vehicle dispatcher revolving fund 9 2 is appropriated for the purchase of gasoline, gasohol, oil, 9 3 tires, repairs, and all other maintenance expenses incurred in 9 4 the operation of state-owned motor vehicles and for 9 5 contingencies arising during the fiscal year beginning July 1, 9 6 1995, and ending June 30, 1996, which are legally payable from 9 7 this fund. 9 8 The vehicle dispatcher shall report, not later than 9 9 February 15, 1996, to the chairpersons and the ranking members 9 10 of the joint appropriations subcommittee on administration and 9 11 regulation and to the legislative fiscal bureau regarding the 9 12 efficiencies of the vehicle fleet and the changes in the 9 13 efficiencies. The report shall include the cost per mile, 9 14 fuel efficiencies, maintenance costs, useful life, the costs 9 15 of extending the useful life, and other measures which the 9 16 vehicle dispatcher or the legislative fiscal bureau finds 9 17 appropriate. The information shall be reported for each 9 18 general type of vehicle. The overhead costs shall also be 9 19 reported with the total costs of the vehicle dispatcher 9 20 operations. 9 21 The department of general services shall report to the 9 22 chairpersons and ranking members of the joint appropriations 9 23 subcommittee on administration and regulation and the 9 24 legislative fiscal bureau not later than February 15, 1996, a 9 25 comparison of the performance of vehicles burning an 85 9 26 percent ethanol mixture and those burning a 10 percent ethanol 9 27 mixture. The report shall include, but is not limited to, 9 28 average mileage, vehicle life, and problems encountered. 9 29 Sec. 7. GOVERNOR AND LIEUTENANT GOVERNOR. There is 9 30 appropriated from the general fund of the state to the offices 9 31 of the governor and the lieutenant governor for the fiscal 9 32 year beginning July 1, 1995, and ending June 30, 1996, the 9 33 following amounts, or so much thereof as is necessary, to be 9 34 used for the purposes designated: 9 35 1. For salaries, support, maintenance, and miscellaneous 10 1 purposes for the general office of the governor and the 10 2 general office of the lieutenant governor, and for not more 10 3 than the following full-time equivalent positions: 10 4 .................................................. $ 1,005,171 10 5 ............................................... FTEs 16.25 10 6 2. For salaries, support, maintenance, and miscellaneous 10 7 purposes for the governor's quarters at Terrace Hill, and for 10 8 not more than the following full-time equivalent positions: 10 9 .................................................. $ 50,064 10 10 ............................................... FTEs 1.50 10 11 3. For salaries, support, maintenance, and miscellaneous 10 12 purposes for the office of administrative rules coordinator, 10 13 and for not more than the following full-time equivalent 10 14 positions: 10 15 .................................................. $ 104,815 10 16 ............................................... FTEs 2.00 10 17 4. For payment of Iowa's membership in the national 10 18 governors' conference: 10 19 .................................................. $ 74,435 10 20 Sec. 8. DEPARTMENT OF INSPECTIONS AND APPEALS. There is 10 21 appropriated from the general fund of the state to the 10 22 department of inspections and appeals for the fiscal year 10 23 beginning July 1, 1995, and ending June 30, 1996, the 10 24 following amounts, or so much thereof as is necessary, for the 10 25 purposes designated: 10 26 1. FINANCE AND SERVICES DIVISION 10 27 For salaries, support, maintenance, miscellaneous purposes, 10 28 and for not more than the following full-time equivalent 10 29 positions: 10 30 .................................................. $ 452,089 10 31 ............................................... FTEs 21.00 10 32 2. AUDITS DIVISION 10 33 For salaries, support, maintenance, miscellaneous purposes, 10 34 and for not more than the following full-time equivalent 10 35 positions: 11 1 .................................................. $ 340,649 11 2 ............................................... FTEs 11.00 11 3 3. APPEALS AND FAIR HEARINGS DIVISION 11 4 For salaries, support, maintenance, miscellaneous purposes, 11 5 and for not more than the following full-time equivalent 11 6 positions: 11 7 .................................................. $ 215,799 11 8 ............................................... FTEs 24.00 11 9 4. INVESTIGATIONS DIVISION 11 10 For salaries, support, maintenance, miscellaneous purposes, 11 11 and for not more than the following full-time equivalent 11 12 positions: 11 13 .................................................. $ 705,415 11 14 ............................................... FTEs 35.00 11 15 5. HEALTH FACILITIES DIVISION 11 16 For salaries, support, maintenance, miscellaneous purposes, 11 17 and for not more than the following full-time equivalent 11 18 positions: 11 19 .................................................. $ 1,496,288 11 20 ............................................... FTEs 99.00 11 21 6. INSPECTIONS DIVISION 11 22 For salaries, support, maintenance, miscellaneous purposes, 11 23 and for not more than the following full-time equivalent 11 24 positions: 11 25 .................................................. $ 559,088 11 26 ............................................... FTEs 13.00 11 27 7. EMPLOYMENT APPEAL BOARD 11 28 For salaries, support, maintenance, miscellaneous purposes, 11 29 and for not more than the following full-time equivalent 11 30 positions: 11 31 .................................................. $ 31,992 11 32 ............................................... FTEs 15.00 11 33 The employment appeal board shall be reimbursed by the 11 34 labor services division of the department of employment 11 35 services for all costs associated with hearings conducted 12 1 under chapter 91C, related to contractor registration. The 12 2 board may expend, in addition to the amount appropriated under 12 3 this subsection, additional amounts as are directly billable 12 4 to the labor services division under this subsection and to 12 5 retain the additional full-time equivalent positions as needed 12 6 to conduct hearings required pursuant to chapter 91C. 12 7 8. STATE FOSTER CARE REVIEW BOARD 12 8 For salaries, support, maintenance, miscellaneous purposes, 12 9 and for not more than the following full-time equivalent 12 10 positions: 12 11 .................................................. $ 509,912 12 12 ............................................... FTEs 8.00 12 13 The department of human services, in coordination with the 12 14 state foster care review board and the department of 12 15 inspections and appeals, shall submit an application for 12 16 funding available pursuant to Title IV-E of the federal Social 12 17 Security Act for claims for state foster care review board 12 18 administrative review costs. 12 19 9. NATIVE AMERICAN GAMING. The department of inspections 12 20 and appeals shall provide an accounting of all costs 12 21 associated with negotiating agreements and compacts pursuant 12 22 to section 10A.104, subsection 10, and all costs associated 12 23 with monitoring such agreements and compacts. Information in 12 24 the accounting shall include the dates and destinations of all 12 25 travel related to the negotiations and monitoring, and all 12 26 costs associated with the personnel involved, including 12 27 salary, travel, and support costs. 12 28 Sec. 9. RACETRACK REGULATION. There is appropriated from 12 29 the general fund of the state to the racing and gaming 12 30 commission of the department of inspections and appeals for 12 31 the fiscal year beginning July 1, 1995, and ending June 30, 12 32 1996, the following amount, or so much thereof as is 12 33 necessary, to be used for the purposes designated: 12 34 For salaries, support, maintenance, miscellaneous purposes, 12 35 for the regulation of pari-mutuel racetracks, and for not more 13 1 than the following full-time equivalent positions: 13 2 .................................................. $ 1,703,166 13 3 ............................................... FTEs 23.85 13 4 Sec. 10. EXCURSION BOAT REGULATION. There is appropriated 13 5 from the general fund of the state to the racing and gaming 13 6 commission of the department of inspections and appeals for 13 7 the fiscal year beginning July 1, 1995, and ending June 30, 13 8 1996, the following amount, or so much thereof as is 13 9 necessary, to be used for the purposes designated: 13 10 For salaries, support, maintenance, and miscellaneous 13 11 purposes for administration and enforcement of the excursion 13 12 boat gambling laws, and for not more than the following full- 13 13 time equivalent positions: 13 14 .................................................. $ 860,651 13 15 ............................................... FTEs 17.11 13 16 It is the intent of the general assembly that the racing 13 17 and gaming commission shall only employ additional full-time 13 18 equivalent positions for riverboat gambling enforcement as 13 19 authorized by the department of management as needed for 13 20 enforcement on new riverboats. If more than six riverboats 13 21 are operating during the fiscal year beginning July 1, 1995, 13 22 and ending June 30, 1996, the commission may expend no more 13 23 than $84,917 for no more than 2.00 FTEs for each additional 13 24 riverboat in excess of six. The additional expense associated 13 25 with the positions shall be paid from fees assessed by the 13 26 commission as provided in chapter 99F. 13 27 Notwithstanding section 8.39, funds shall not be 13 28 transferred to the department of inspections and appeals which 13 29 would be used for monitoring Indian gaming. 13 30 Sec. 11. DEPARTMENT OF INSPECTIONS AND APPEALS &endash; SERVICE 13 31 CHARGES. The department of inspections and appeals may charge 13 32 state departments, agencies, and commissions for services 13 33 rendered and the payment received shall be considered 13 34 repayment receipts as defined in section 8.2. 13 35 Sec. 12. USE TAX APPROPRIATION. There is appropriated 14 1 from the use tax receipts collected pursuant to section 423.7 14 2 prior to their deposit in the road use tax fund pursuant to 14 3 section 423.24, subsection 1, to the appeals and fair hearings 14 4 division of the department of inspections and appeals for the 14 5 fiscal year beginning July 1, 1995, and ending June 30, 1996, 14 6 the following amount, or so much thereof as is necessary, for 14 7 the purposes designated: 14 8 For salaries, support, maintenance, and miscellaneous 14 9 purposes: 14 10 .................................................. $ 924,090 14 11 Sec. 13. DEPARTMENT OF MANAGEMENT. There is appropriated 14 12 from the general fund of the state to the department of 14 13 management for the fiscal year beginning July 1, 1995, and 14 14 ending June 30, 1996, the following amounts, or so much 14 15 thereof as is necessary, to be used for the purposes 14 16 designated: 14 17 1. GENERAL OFFICE 14 18 For salaries, support, maintenance, miscellaneous purposes, 14 19 and for not more than the following full-time equivalent 14 20 positions: 14 21 .................................................. $ 1,558,399 14 22 ............................................... FTEs 25.00 14 23 2. LAW ENFORCEMENT TRAINING REIMBURSEMENTS 14 24 For reimbursement to local law enforcement agencies for the 14 25 training of officers who resign pursuant to section 384.15, 14 26 subsection 7: 14 27 .................................................. $ 45,956 14 28 3. COUNCIL OF STATE GOVERNMENTS 14 29 For support of the membership assessment: 14 30 .................................................. $ 63,971 14 31 Sec. 14. There is appropriated from the road use tax fund 14 32 to the department of management for the fiscal year beginning 14 33 July 1, 1995, and ending June 30, 1996, the following amount, 14 34 or so much thereof as is necessary, to be used for the 14 35 purposes designated: 15 1 For salaries, support, maintenance, and miscellaneous 15 2 purposes: 15 3 .................................................. $ 56,000 15 4 The department of management shall report to the 15 5 chairpersons and ranking members of the senate and house 15 6 committees on appropriations, the chairpersons and ranking 15 7 members of the joint appropriations subcommittee on 15 8 administration and regulation, and the legislative fiscal 15 9 bureau, the number of furloughs and the number of layoffs that 15 10 occur in each state agency, the savings associated with those 15 11 furloughs and layoffs, the effect of the furloughs and layoffs 15 12 on services provided by the state agency, and other relevant 15 13 information. The department shall provide a year-end report 15 14 summarizing the information for the fiscal year beginning July 15 15 1, 1995, which will be due by September 1, 1996. 15 16 When addressing staffing targets for state agencies, the 15 17 department of management shall state the number of staff 15 18 authorized for a state agency in terms of full-time equivalent 15 19 positions. 15 20 Sec. 15. There is appropriated from the general fund of 15 21 the state to the department of personnel for the fiscal year 15 22 beginning July 1, 1995, and ending June 30, 1996, the 15 23 following amounts, or so much thereof as is necessary, to be 15 24 used for the purposes designated including the filing of 15 25 quarterly reports as required in this section: 15 26 1. OPERATIONS 15 27 For salaries, support, maintenance, and miscellaneous 15 28 purposes for the director's staff, information services, data 15 29 processing, and financial services, and for not more than the 15 30 following full-time equivalent positions: 15 31 .................................................. $ 1,007,860 15 32 ............................................... FTEs 18.58 15 33 2. PROGRAM DELIVERY 15 34 For salaries for personnel services, employment law and 15 35 labor relations and training for not more than the following 16 1 full-time equivalent positions: 16 2 .................................................. $ 1,174,510 16 3 ............................................... FTEs 33.20 16 4 3. PROGRAM ADMINISTRATION AND DEVELOPMENT 16 5 For salaries for employment, compensation, and benefits and 16 6 workers' compensation and for not more than the following 16 7 full-time equivalent positions: 16 8 .................................................. $ 1,341,858 16 9 ............................................... FTEs 32.80 16 10 Any funds received by the department for workers' 16 11 compensation purposes other than the funds appropriated in 16 12 subsection 3 shall be used only for the payment of workers' 16 13 compensation claims. 16 14 The funds for support, maintenance, and miscellaneous 16 15 purposes for personnel assigned to program delivery under 16 16 subsection 2 and program administration and development under 16 17 subsection 3 are payable from the appropriation made in 16 18 subsection 1. 16 19 The department of personnel shall report semi-annually to 16 20 the chairpersons and ranking members of the joint 16 21 appropriations subcommittee on administration and regulation 16 22 concerning the number of vacancies in existing full-time 16 23 equivalent positions and the average time taken to fill the 16 24 vacancies. The reports shall include quarterly and annual 16 25 averages organized according to state agency and general 16 26 occupational category as established by the federal equal 16 27 employment opportunity commission. All departments and 16 28 agencies of the state shall cooperate with the department in 16 29 the preparation of the reports. 16 30 Sec. 16. IPERS. There is appropriated from the Iowa 16 31 public employees' retirement system fund to the department of 16 32 personnel for the fiscal year beginning July 1, 1995, and 16 33 ending June 30, 1996, the following amount, or so much thereof 16 34 as is necessary, to be used for the purposes designated: 16 35 1. For salaries, support, maintenance, and other 17 1 operational purposes to pay the costs of the Iowa public 17 2 employees' retirement system: 17 3 .................................................. $ 3,749,983 17 4 2. It is the intent of the general assembly that the Iowa 17 5 public employees' retirement system employ sufficient staff 17 6 within the appropriation provided in this section to meet the 17 7 developing requirements of the investment program. 17 8 3. The department of personnel shall submit, annually, a 17 9 report to the chairpersons and ranking members of the joint 17 10 appropriations subcommittee on administration and regulation 17 11 and to the legislative fiscal bureau regarding the results of 17 12 the state's top achievement recognition program. The reports 17 13 submitted shall include, but are not limited to, 17 14 identification of the recipients, a description of the 17 15 meritorious achievements, and the awards conferred. 17 16 Sec. 17. There is appropriated from the primary road fund 17 17 to the department of personnel for the fiscal year beginning 17 18 July 1, 1995, and ending June 30, 1996, the following amount, 17 19 or so much thereof as is necessary, to be used for the 17 20 purposes designated: 17 21 For salaries, support, maintenance, and miscellaneous 17 22 purposes to provide personnel services for the state 17 23 department of transportation: 17 24 .................................................. $ 331,694 17 25 Sec. 18. There is appropriated from the road use tax fund 17 26 to the department of personnel for the fiscal year beginning 17 27 July 1, 1995, and ending June 30, 1996, the following amount, 17 28 or so much thereof as is necessary, to be used for the 17 29 purposes designated: 17 30 For salaries, support, maintenance, and miscellaneous 17 31 purposes to provide personnel services for the state 17 32 department of transportation: 17 33 .................................................. $ 53,996 17 34 Sec. 19. There is appropriated from the general fund of 17 35 the state to the department of revenue and finance for the 18 1 fiscal year beginning July 1, 1995, and ending June 30, 1996, 18 2 the following amounts, or so much thereof as is necessary, to 18 3 be used for the purposes designated, and for not more than the 18 4 following full-time equivalent positions used for the purposes 18 5 designated in subsections 1 through 3: 18 6 ............................................... FTEs 577.43 18 7 1. AUDIT AND COMPLIANCE 18 8 For salaries, support, maintenance, and miscellaneous 18 9 purposes: 18 10 .................................................. $ 10,219,986 18 11 2. STATE FINANCIAL MANAGEMENT 18 12 For salaries, support, maintenance, and miscellaneous 18 13 purposes: 18 14 .................................................. $ 9,071,810 18 15 3. INTERNAL RESOURCES MANAGEMENT 18 16 For salaries, support, maintenance, and miscellaneous 18 17 purposes: 18 18 .................................................. $ 5,718,032 18 19 4. COLLECTION COSTS AND FEES 18 20 For payment of collection costs and fees pursuant to 18 21 section 422.26: 18 22 .................................................. $ 43,538 18 23 5. a. The department of revenue and finance shall not 18 24 change the appropriations for the purposes designated in 18 25 subsections 1 through 3 from the amounts appropriated in those 18 26 subsections unless notice of the revisions is given prior to 18 27 their effective date to the legislative fiscal bureau. The 18 28 notice shall include information on the department's rationale 18 29 for making the changes. 18 30 b. The department of revenue and finance shall report 18 31 quarterly to the legislative fiscal bureau concerning progress 18 32 in the implementation of generally accepted accounting 18 33 principles, including determination of reporting entities, 18 34 fund classifications, modification of the Iowa financial 18 35 accounting system, progress on preparing a comprehensive 19 1 annual financial report, and the most current estimate of the 19 2 general fund balance based on current generally accepted 19 3 accounting principles. 19 4 c. The director of revenue and finance shall report 19 5 annually to the chairpersons and ranking members of the joint 19 6 appropriations subcommittee on administration and regulation 19 7 and the legislative fiscal bureau on the implementation and 19 8 financial status of the integrated revenue information system. 19 9 The report shall include any changes from the scheduled 19 10 progress including expenditures or estimated revenue. 19 11 d. The director of revenue and finance shall prepare and 19 12 issue a state appraisal manual and the revisions to the state 19 13 appraisal manual as provided in section 421.17, subsection 18, 19 14 without cost to a city or county. 19 15 Sec. 20. There is appropriated from the lottery fund to 19 16 the department of revenue and finance for the fiscal year 19 17 beginning July 1, 1995, and ending June 30, 1996, the 19 18 following amount, or so much thereof as is necessary, to be 19 19 used for the purposes designated: 19 20 For salaries, support, maintenance, miscellaneous purposes 19 21 for the administration and operation of lottery games, and for 19 22 not more than the following full-time equivalent positions: 19 23 .................................................. $ 7,408,016 19 24 ............................................... FTEs 120.00 19 25 Sec. 21. There is appropriated from the motor vehicle fuel 19 26 tax fund created by section 452A.77 to the department of 19 27 revenue and finance for the fiscal year beginning July 1, 19 28 1995, and ending June 30, 1996, the following amount, or so 19 29 much thereof as is necessary, to be used for the purposes 19 30 designated: 19 31 For salaries, support, maintenance, and miscellaneous 19 32 purposes for administration and enforcement of the provisions 19 33 of chapter 452A and the motor vehicle use tax program: 19 34 .................................................. $ 1,008,025 19 35 Sec. 22. There is appropriated from the general fund of 20 1 the state to the office of the secretary of state for the 20 2 fiscal year beginning July 1, 1995, and ending June 30, 1996, 20 3 the following amounts, or so much thereof as is necessary, to 20 4 be used for the purposes designated: 20 5 1. ADMINISTRATION AND ELECTIONS 20 6 For salaries, support, maintenance, miscellaneous purposes, 20 7 and for not more than the following full-time equivalent 20 8 positions: 20 9 .................................................. $ 495,211 20 10 ............................................... FTEs 8.00 20 11 2. BUSINESS SERVICES 20 12 For salaries, support, maintenance, miscellaneous purposes, 20 13 and for not more than the following full-time equivalent 20 14 positions: 20 15 .................................................. $ 1,408,493 20 16 ............................................... FTEs 28.00 20 17 3. For costs incurred in the printing of the official 20 18 register: 20 19 .................................................. $ 58,050 20 20 Sec. 23. TREASURER OF STATE. There is appropriated from 20 21 the general fund of the state to the office of treasurer of 20 22 state for the fiscal year beginning July 1, 1995, and ending 20 23 June 30, 1996, the following amount, or so much thereof as is 20 24 necessary, to be used for the purposes designated: 20 25 For salaries, support, maintenance, miscellaneous purposes, 20 26 and for not more than the following full-time equivalent 20 27 positions: 20 28 .................................................. $ 784,366 20 29 ............................................... FTEs 26.80 20 30 The office of treasurer of state shall supply clerical and 20 31 secretarial support for the executive council. 20 32 Sec. 24. SECOND INJURY FUND. The administrative costs and 20 33 expenses incurred by the treasurer of state, the attorney 20 34 general, the second injury fund, or the department of revenue 20 35 and finance, in connection with the second injury fund, may be 21 1 paid from the second injury fund. However, the payment of 21 2 administrative costs and expenses incurred by the treasurer of 21 3 state, the attorney general, the second injury fund, and the 21 4 department of revenue and finance, as authorized in this 21 5 section, shall only be permitted for administrative costs and 21 6 expenses incurred in the fiscal year commencing July 1, 1995, 21 7 and ending June 30, 1996, and shall not exceed $170,000. 21 8 Sec. 25. STATE WORKERS' COMPENSATION CLAIMS. There is 21 9 appropriated from the general fund of the state to the 21 10 department of personnel for the fiscal year beginning July 1, 21 11 1995, and ending June 30, 1996, the following amount, or so 21 12 much thereof as is necessary, to be used for the purpose 21 13 designated: 21 14 For distribution, subject to approval of the department of 21 15 management, to various state departments to fund the premiums 21 16 for paying workers' compensation claims which are assessed to 21 17 and collected from the state department by the department of 21 18 personnel based upon a rating formula established by the 21 19 department of personnel: 21 20 .................................................. $ 5,693,486 21 21 The premiums collected by the department of personnel shall 21 22 be segregated into a separate workers' compensation fund in 21 23 the state treasury to be used for payment of state employees' 21 24 workers' compensation claims. Notwithstanding section 8.33, 21 25 unencumbered or unobligated moneys remaining in this workers' 21 26 compensation fund at the end of the fiscal year shall not 21 27 revert but shall be available for expenditure for purposes of 21 28 the fund for subsequent fiscal years. 21 29 Sec. 26. CENTRALIZED PURCHASING REVOLVING FUND TRANSFER. 21 30 Notwithstanding section 18.9, there is transferred from the 21 31 centralized purchasing revolving fund created under section 21 32 18.9 to the general fund of the state on June 30, 1995, the 21 33 sum of $500,000. 21 34 Sec. 27. AUDITOR OF STATE FILING FEE TRANSFER. Not- 21 35 withstanding a contrary provision of section 11.6, there is 22 1 transferred from the filing fee account of the auditor of 22 2 state to the general fund of the state on June 30, 1995, the 22 3 sum of $99,833. 22 4 Sec. 28. SECRETARY OF STATE OPTICAL IMAGING ACCOUNT 22 5 TRANSFER. The secretary of state shall pay to the general 22 6 fund of the state on June 30, 1995, the sum of $75,000, or so 22 7 much thereof as remains of funds appropriated for an optical 22 8 imaging project. If insufficient unencumbered or unobligated 22 9 funds remain in the optical imaging account as of June 30, 22 10 1995, to pay $75,000 to the general fund of the state, the 22 11 deficiency shall be paid from other moneys appropriated to the 22 12 office of secretary of state pursuant to this Act. 22 13 Sec. 29. IMPLEMENTATION OF FUNDING REDUCTIONS &endash; INTENT OF 22 14 GENERAL ASSEMBLY. It is the intent of the general assembly 22 15 that the departments, agencies, and offices of the executive 22 16 department of state government shall implement funding 22 17 reductions through organizational changes which reduce 22 18 supervisory positions, vertically and horizontally, and 22 19 increase the span of control of the remaining supervisors as 22 20 recommended by the governor's committee on government spending 22 21 reform. 22 22 Sec. 30. ELIMINATION OF VACANT UNFUNDED JOBS. The state 22 23 departments, agencies, or offices receiving appropriations 22 24 under this Act shall eliminate, within thirty days after the 22 25 beginning of a fiscal year, all vacant unfunded positions on 22 26 the table of organization of the state department, agency, or 22 27 office. 22 28 Sec. 31. STATE COMMUNICATIONS NETWORK &endash; REDUCTION OF 22 29 TRAVEL AND RELATED EXPENSES. The offices of the governor and 22 30 lieutenant governor, the office of secretary of state, the 22 31 office of treasurer of state, the auditor of state, the 22 32 department of commerce, the department of inspections and 22 33 appeals, the Iowa ethics and campaign disclosure board, the 22 34 department of general services, the department of management, 22 35 the department of revenue and finance, the department of 23 1 personnel shall use the services of the state communications 23 2 network as much as possible for interagency communication, 23 3 meetings, and conferences to reduce travel and related 23 4 expenses for the respective offices or departments. 23 5 Sec. 32. REPORT OF ADDITIONAL INCOME AND EXPENDITURES. 23 6 The state departments, agencies, and offices receiving 23 7 appropriations under this Act shall report all expenses in 23 8 excess of the funds appropriated from any statutory revolving 23 9 funds during the fiscal year beginning July 1, 1994, and 23 10 ending June 30, 1995. The report shall also include the 23 11 beginning and ending balances of the revolving funds. 23 12 The report required pursuant to this section shall be 23 13 submitted not later than September 30, 1995, for expenditures 23 14 made during the fiscal year beginning July 1, 1994, and ending 23 15 June 30, 1995, to the chairpersons and ranking members of the 23 16 joint appropriations subcommittee on administration and 23 17 regulation and the legislative fiscal bureau. 23 18 Sec. 33. FEDERAL GRANTS. All federal grants to and the 23 19 federal receipts of agencies appropriated funds under this 23 20 Act, not otherwise appropriated, are appropriated for the 23 21 purposes set forth in the federal grants or receipts unless 23 22 otherwise provided by the general assembly. 23 23 CORRESPONDING AMENDMENTS 23 24 Sec. 34. Section 12.21, Code 1995, is amended to read as 23 25 follows: 23 26 12.21 ACCEPTING CREDIT CARD PAYMENTS. 23 27 The treasurer of state may enter into an agreement with a 23 28 financial institution to provide credit card receipt 23 29 processing for state departments which are authorized by the 23 30 treasurer of state to accept payment by credit card. A 23 31 department which accepts credit card paymentsshallmay adjust 23 32 its fees to reflect the cost of processing as determined by 23 33 the treasurer of state. A fee may be charged by a department 23 34 for using the credit card payment method notwithstanding any 23 35 other provision of the Code setting specific fees. The 24 1 treasurer of state shall adopt rules to implement this 24 2 section. 24 3 Sec. 35. Section 12.32, subsection 1, Code 1995, is 24 4 amended to read as follows: 24 5 1. "Eligible borrower" means any person who is in the 24 6 business or is entering the business of producing, processing, 24 7 or marketing horticultural crops,ornontraditional crops, or 24 8 nontraditional livestock in this state, including but not 24 9 limited to the breeding or training of horses and dogs which 24 10 are involved in racing at a facility licensed pursuant to 24 11 chapter 99D. 24 12 Sec. 36. Section 12.33, subsection 1, Code 1995, is 24 13 amended by adding the following new paragraph: 24 14 NEW PARAGRAPH. c. That there is an increasing expansion 24 15 of nontraditional livestock production which promises new 24 16 opportunities for agricultural animal producers, creates new 24 17 value-added products, and ensures greater diversity in 24 18 agricultural production. 24 19 Sec. 37. Section 12.33, subsections 2 and 3, Code 1995, 24 20 are amended to read as follows: 24 21 2. The linked investments for tomorrow program provided 24 22 for in this division is intended to provide statewide 24 23 availability of lower cost funds for lending purposes that 24 24 will stimulate existing or encourage new businesses in the 24 25 area of producing, processing, or marketing horticulturalor24 26 crops, nontraditional crops, or nontraditional livestock, 24 27 including but not limited to the breeding or training of 24 28 horses and dogs which are involved in racing at a facility 24 29 licensed pursuant to chapter 99D. 24 30 3. It is the public policy of the state through the linked 24 31 investments for tomorrow program to create an availability of 24 32 lower cost funds to inject needed capital into the business of 24 33 producing, processing, or marketing horticultural crops,or24 34 nontraditional crops, or nontraditional livestock, including 24 35 but not limited to the breeding or training of horses and dogs 25 1 which are involved in racing at a facility licensed pursuant 25 2 to chapter 99D. 25 3 Sec. 38. Section 12.34, subsection 2, Code 1995, is 25 4 amended to read as follows: 25 5 2. The treasurer shall adopt rules pursuant to chapter 17A 25 6 to implement this division including, but not limited to, 25 7 rules identifying horticultural crops,andnontraditional 25 8 crops, and nontraditional livestock, including but not limited 25 9 to the breeding or training of horses and dogs which are 25 10 involved in racing at a facility licensed pursuant to chapter 25 11 99D, for which the linked investments may be loaned. 25 12 Sec. 39. Section 12.35, subsection 1, Code 1995, is 25 13 amended to read as follows: 25 14 1. An eligible lending institution that desires to receive 25 15 a linked investment shall accept and review applications for 25 16 loans from eligible borrowers. The lending institution shall 25 17 apply all usual lending standards to determine the credit 25 18 worthiness of each eligible borrower. Loan applications shall 25 19 be for the purchase or lease of land, machinery, equipment, 25 20 seed, fertilizer, direct marketing facilities, or new or 25 21 expanding production, processing, or marketing facilities for 25 22 horticultural crops,ornontraditional crops, or 25 23 nontraditional livestock, including but not limited to the 25 24 breeding or training of horses and dogs which are involved in 25 25 racing at a facility licensed pursuant to chapter 99D. The 25 26 maximum size of a loan is two hundred thousand dollars per 25 27 borrower for a production loan and five hundred thousand 25 28 dollars for processing or marketing facilities. 25 29 Sec. 40. Section 17A.8, subsection 9, Code 1995, is 25 30 amended to read as follows: 25 31 9. Upon a vote of two-thirds of its members, the 25 32 administrative rules review committee may delay the effective 25 33 date of a rule until the adjournment of the next regular 25 34 session of the general assembly. The committee shall refer a 25 35 rule whose effective date has been delayed to the speaker of 26 1 the house of representatives and the president of the senate 26 2 who shall refer the rule to the appropriate standing 26 3 committees of the general assembly. If the general assembly 26 4 has not disapproved of the rule by a joint resolution, the 26 5 rule shall become effective. The speaker of the house of 26 6 representatives and the president of the senate shall notify 26 7 the administrative code editor of the final disposition of any 26 8 rule delayed pursuant to this subsection. If a rule is 26 9 disapproved, it shall not become effective and the agency 26 10 shall withdraw the rule. This section shall not apply to 26 11 rules made effective under section 17A.5, subsection 2, 26 12 paragraph "b". 26 13 Sec. 41. Section 25.2, Code 1995, is amended to read as 26 14 follows: 26 15 25.2 EXAMINATION OF REPORT &endash; APPROVAL OR REJECTION &endash; 26 16 PAYMENT. 26 17 The state appeal board with the recommendation of the 26 18 special assistant attorney general for claims may approve or 26 19 reject claims against the state of less than ten years 26 20 covering the following: Outdated warrants; outdated sales and 26 21 use tax refunds; license refunds; additional agricultural land 26 22 tax credits; outdated invoices; fuel and gas tax refunds; 26 23 outdated homestead and veterans' exemptions; outdated funeral 26 24 service claims; tractor fees; registration permits; outdated 26 25 bills for merchandise; services furnished to the state; claims 26 26 by any county or county official relating to the personal 26 27 property tax credit; and refunds of fees collected by the 26 28 state. Payments authorized by the state appeal board shall be 26 29 paid from the appropriation or fund of original certification 26 30 of the claim. However, if that appropriation or fund has 26 31 since reverted under section 8.33 then such payment authorized 26 32 by the state appeal board shall be out of any money in the 26 33 state treasury not otherwise appropriated. Notwithstanding 26 34 the provisions of this section, the director of revenue and 26 35 finance may reissue outdated warrants. On or before November 27 1 1 of each year, the director of revenue and finance shall 27 2 provide the treasurer of state with a report of all unpaid 27 3 warrants which have been outdated for two years or more. The 27 4 treasurer shall include information regarding outdated 27 5 warrants in the notice published pursuant to section 556.12. 27 6 The provisions of section 556.11 regarding agreements to pay 27 7 compensation for recovery or assistance in recovery of 27 8 unclaimed property are applicable to agreements to pay 27 9 compensation to recover or assist in the recovery of outdated 27 10 warrants. 27 11 Sec. 42. NEW SECTION. 70A.1A SALARY LIMITATIONS &endash; 27 12 CERTAIN DEPARTMENT HEADS AND SUBORDINATE OFFICERS AND 27 13 EMPLOYEES. 27 14 1. The directors, principal assistants, and employees of 27 15 the following departments, boards, and offices shall not 27 16 receive an annual salary which exceeds eighty percent of the 27 17 annual salary of the governor: 27 18 a. Iowa ethics and campaign disclosure board. 27 19 b. Department of commerce. 27 20 c. Department of general services. 27 21 d. Office of the governor. 27 22 e. Department of inspections and appeals. 27 23 f. Department of management. 27 24 g. Department of personnel. 27 25 h. Department of revenue and finance. 27 26 i. Office of state-federal relations. 27 27 2. The annual salaries of the deputy officers and 27 28 employees of the following state agencies shall not exceed 27 29 eighty percent of annual salary of the state agency's elected 27 30 principal officer: 27 31 a. Office of auditor of state. 27 32 b. Office of secretary of state. 27 33 c. Office of treasurer of state. 27 34 Sec. 43. SALARIES EXCEEDING LIMITS &endash; TRANSITION. 27 35 1. On the effective date of this Act, if the salary of an 28 1 officer or employee of the state departments and offices 28 2 listed in section 42 of this Act exceeds the 80 percent 28 3 limitation, the salary of the officer or employee shall be 28 4 frozen at that pay rate until the officer's or employee's 28 5 salary is less than 80 percent of the applicable principal 28 6 officer's salary. When the officer's or employee's salary is 28 7 less than an amount which equals the 80 percent limitation, 28 8 the officer or employee may receive salary adjustments as 28 9 otherwise provided by law, but total annual salary shall not 28 10 exceed the 80 percent limitation. 28 11 2. This Act supersedes any contrary law or any collective 28 12 bargaining agreement which is not in effect before the 28 13 effective date of this Act. 28 14 Sec. 44. Section 411.36, subsection 1, unnumbered 28 15 paragraph 1, Code 1995, as amended by 1995 Iowa Acts, Senate 28 16 File 45, section 5, is amended to read as follows: 28 17 A board of trustees for the statewide fire and police 28 18 retirement system is created. The board shall consist of 28 19thirteenfourteen members, including nine voting members and 28 20fourfive nonvoting members. Section 69.16A applies to the 28 21 appointment of the voting members of the board. The voting 28 22 members of the board shall be as follows: 28 23 Sec. 45. Section 411.36, subsection 1, unnumbered 28 24 paragraph 2, Code 1995, as amended by 1995 Iowa Acts, Senate 28 25 File 45, section 5, is amended to read as follows: 28 26 The treasurer of state, or the treasurer's designee, shall 28 27 serve as an ex officio, nonvoting member. The other nonvoting 28 28 members of the board shall be two state representatives, one 28 29 appointed by the speaker of the house of representatives and 28 30 one by the minority leader of the house, and two state 28 31 senators, one appointed by the majority leader of the senate 28 32 and one by the minority leader of the senate. 28 33 Sec. 46. Section 411.36, subsection 2, Code 1995, is 28 34 amended to read as follows: 28 35 2.Except as otherwise provided for the initial29 1appointments, theThe voting members shall be appointed for 29 2 four-year terms, and the nonvoting members who are members of 29 3 the senate and the house of representatives shall be appointed 29 4 for two-year terms. Terms begin on May 1 in the year of 29 5 appointment and expire on April 30 in the year of expiration. 29 6 Sec. 47. Section 411.36, subsection 5, paragraph a, Code 29 7 1995, is amended to read as follows: 29 8 a. Members of the board, except the treasurer of state or 29 9 the treasurer's designee, shall be paid their actual and 29 10 necessary expenses incurred in the performance of their duties 29 11 and shall receive a per diem as specified in section 7E.6 for 29 12 each day of service. Per diem and expenses shall be paid to 29 13 voting members from the fire and police retirement fund 29 14 created in section 411.8. 29 15 Sec. 48. MEMBERSHIP OF TREASURER OF STATE. The treasurer 29 16 of state, or the treasurer's designee, shall become a member 29 17 of the board on May 1, 1995. 29 18 Sec. 49. Section 462A.78, subsection 5, Code 1995, is 29 19 amended to read as follows: 29 20 5. The funds collected under subsection 1, paragraph "a", 29 21 shall be placed in the general fund of the county and used for 29 22 the expenses of the county conservation board if one exists in 29 23 that county. Of each surcharge collected as required under 29 24 subsection 1, paragraph "b", the county recorder shall remit 29 25 five dollars to theoffice of treasurer of statedepartment of 29 26 revenue and finance for deposit in the general fund of the 29 27 state. 29 28 Sec. 50. Section 476.6, Code 1995, is amended by adding 29 29 the following new subsection: 29 30 NEW SUBSECTION. 22. If a rate-regulated public utility 29 31 acquires all or part of another rate-regulated utility, the 29 32 acquired public utility service area shall be considered a 29 33 separate service area of the public utility for the purpose of 29 34 determining customer rates, charges, and schedules. The board 29 35 shall approve rate adjustments, charges, and schedules only 30 1 which reflect the differences between the customer rates, 30 2 charges, and schedules of the separate service areas at the 30 3 time of acquisition. 30 4 Sec. 51. NEW SECTION. 514I.1 HEALTH EDUCATION AND 30 5 ADVOCACY PROGRAM ESTABLISHED. 30 6 1. A health education and advocacy program is established 30 7 in the insurance division in the department of commerce which 30 8 shall do all of the following: 30 9 a. Assist health care consumers to make more informed 30 10 choices in the health care marketplace, and to be able to 30 11 participate in decisions concerning the consumers' health 30 12 care. 30 13 b. Promote the interest of health care consumers in this 30 14 state in the health care marketplace. 30 15 2. a. The program shall provide assistance to health care 30 16 consumers for all of the following: 30 17 (1) Understanding their health care bills and third-party 30 18 coverage. 30 19 (2) Identifying improper billing or coverage 30 20 determinations. 30 21 (3) Reporting billing or coverage problems to appropriate 30 22 entities. 30 23 b. If a billing or coverage issue concerns the adequacy or 30 24 propriety of a service or treatment, the program shall refer 30 25 the matter to an appropriate professional, licensing, or 30 26 disciplinary body, as applicable. The program shall monitor 30 27 the progress of the concerns raised by health care consumers 30 28 through the referrals. 30 29 c. The program shall work with the appropriate state 30 30 agency to assist with the resolution of billing or coverage 30 31 questions as necessary. 30 32 3. a. The program shall recommend to the attorney 30 33 general, the governor, the general assembly, or any other 30 34 appropriate state agency, any measure that will promote the 30 35 interests of health care consumers in the health marketplace. 31 1 b. The program shall make an annual report to the general 31 2 assembly concerning the program's activities. The legislative 31 3 council shall appoint an advisory committee to monitor the 31 4 activities and progress of the program in satisfying the 31 5 objectives established in this section. The advisory 31 6 committee shall consist of seven members of which one member 31 7 shall represent a small employer providing health care 31 8 coverage to its employees; two members shall represent 31 9 employees, at least one of whom shall be a member of a 31 10 statewide labor organization; and four members shall represent 31 11 consumers, at least one of whom shall be a member of a 31 12 statewide consumer organization. The committee shall meet 31 13 with program staff on a regular basis to receive reports on 31 14 the activities of the program. 31 15 Sec. 52. Section 533.4, subsections 1, 4, 5, and 19, Code 31 16 1995, are amended to read as follows: 31 17 1. Receivethe savings offrom its memberseither, 31 18 nonmembers as prescribed by rule where the credit union is 31 19 serving predominantly low-income members, other credit unions, 31 20 and federal, state, county, and city governments, aspayment31 21 payments on shares or as deposits,including the right to31 22conduct Christmas clubs, vacation clubs, and other such thrift31 23organizations within the membershipsubject to the terms, 31 24 rates, and conditions established by the board of directors, 31 25 subject to the limitations established by rule by the 31 26 superintendent. 31 27 4.DepositMake deposits in state and national banks, 31 28 state and federal savings banks or savings and loan 31 29 associations, and state and federal credit unions, the 31 30 accounts of which are insured by the federal deposit insurance 31 31 corporation or the national credit union share insurance fund. 31 32 5. Make investments in: 31 33 a. Time deposits in state and national banksand in state31 34banks, state and federal savings banks or savings and loan 31 35 associations, and state and federal credit unions, the 32 1 deposits of which are insured by the federal deposit insurance 32 2 corporation or the national credit union share insurance fund. 32 3 b. Obligations, participations, or other instruments of or 32 4 issued by, or fully guaranteed as to principal and interest by 32 5 the United States government or any agency thereof; or any 32 6 trust or trusts established for investing directly or 32 7 collectively in the same. 32 8 c. General obligations of the state of Iowa and any 32 9 subdivisionthereofof the state. 32 10d. Paid-up deposits of savings and loan associations, the32 11deposits of which are insured by the federal savings and loan32 12insurance corporation.32 13e.d. Purchase of notes of liquidating credit unions with 32 14 the approval of the superintendent. 32 15f.e. Shares and deposits in other credit unions. 32 16g.f. Shares, stocks, loans, and other obligations or a 32 17 combination thereof of an organization, corporation, or 32 18 association, provided the membership or ownership, as the case 32 19 may be, of the organization, corporation, or association is 32 20 primarily confined or restricted to credit unions or 32 21 organizations of credit unions and provided that the purpose 32 22 of the organization, corporation, or association is primarily 32 23 designed to provide services to credit unions, organizations 32 24 of credit unions, or credit union members. However, the 32 25 aggregate amount invested pursuant to this subsection shall 32 26 not exceed five percent of the assets of the credit union. 32 27h.g. Obligations issued by federal land banks, federal 32 28 intermediate credit banks, banks for cooperatives, or any or 32 29 all of the federal farm credit banks. 32 30i.h. Commercial paper issued by United States 32 31 corporations as defined by rule. 32 32j.i. Corporate bonds as defined by and subject to terms 32 33 and conditions imposed by the administrator, provided that the 32 34 administrator shall not approve investment in corporate bonds 32 35 unless the bonds are rated in the two highest grades of 33 1 corporate bonds by a nationally accepted rating agency, 33 2 including but not limited to a rating of AAA or AA from 33 3 Standard and Poors. 33 4 19. Establish one or more offices other than its main 33 5 office, subject to the approval and regulation of the 33 6 superintendent, if such officesshall beare reasonably 33 7 necessary to furnish service to its membership. A credit 33 8 union office may furnish all credit union services ordinarily 33 9 furnished to the membership at the principal place of business 33 10 of the credit union which operates the office. All 33 11 transactions of a credit union office shall be transmitted 33 12 daily to the principal place of business of the credit union 33 13 which operates the office, andnocurrent recordkeeping 33 14 functions shall not be maintained at a credit union office 33 15 except to the extent the credit union which operates the 33 16 office deems it desirable to keep at the office duplicates of 33 17 the records kept at the principal place of business of the 33 18 credit union. The central executive and official business 33 19 functions of a credit union shall be exercised only at the 33 20 principal place of business. 33 21 A credit union office shall not be opened without the prior 33 22 written approval of the superintendent. Upon application by a 33 23 credit union in the form prescribed by the superintendent, the 33 24 superintendent shall determine, after notice and hearing, if 33 25 the establishment of the credit union office is reasonably 33 26 necessary for service to, and is in the best interests of, the 33 27 members of the credit union. 33 28 Notwithstanding the provisions of this section, data 33 29 processing services and loan documentation recordkeeping 33 30 functions may be performed or located at an authorized credit 33 31 union office or at some other location, subject to the 33 32 approval of the superintendent. 33 33 Sec. 53. Section 533.16, subsection 3, Code 1995, is 33 34 amended to read as follows: 33 35 3. A director of a credit union may borrow from that 34 1 credit union under the provisions of this chapter, but the 34 2 rates, terms, and conditions of a loan or line of credit 34 3 either made to or endorsed or guaranteed by the director shall 34 4 not bemade on termsmore favorable thanthose extendedthe 34 5 rates, terms, or conditions of comparable loans or lines of 34 6 credit provided to other members.A director of a credit34 7union may borrow from that credit union to the extent and in34 8the amount of such director's holdings in the credit union in34 9shares and deposits. A director desiring to borrow from the34 10credit union an amount in excess of the director's holdings in34 11shares and deposits shall first submit application for34 12approval by the board of directors at a regular or special34 13meeting. The director making application for the loan shall34 14not be in attendance at the time the board of directors34 15considers the application and shall not take part in the34 16consideration. Prior to consideration of such loan, the34 17director must have submitted to the board a detailed current34 18financial statement.The aggregate amount of all director 34 19 loans and lines of credit shall not exceedtwentytwenty-five 34 20 percent of the assets of the credit union. 34 21 Sec. 54. Section 533.16, subsection 4, paragraph c, Code 34 22 1995, is amended by striking the paragraph and inserting in 34 23 lieu thereof the following: 34 24 c. A credit union which obtains a report or opinion by an 34 25 attorney or from another mortgage lender relating to defects 34 26 in or liens or encumbrances on the title to real property, the 34 27 unmarketability of the title to real property, or the in- 34 28 validity or unenforceability of liens or encumbrances on real 34 29 property, shall provide a copy of the report or opinion to the 34 30 mortgagor and the mortgagor's attorney. 34 31 Sec. 55. Section 533.17, subsection 1, unnumbered 34 32 paragraph 1, Code 1995, is amended to read as follows: 34 33Immediately before the payment of a dividendAt the end of 34 34 each dividend period, but no less than quarterly, the gross 34 35 income of the credit union shalldetermine its gross earnings35 1 be determined. A legal reservefor contingenciesagainst 35 2 losses on loans and against such other losses as may be 35 3 specified by rule shall be set aside from the grossearnings35 4 income in accordance with the following schedule: 35 5 Sec. 56. Section 533.17, subsection 2, Code 1995, is 35 6 amended to read as follows: 35 7 2. For the purpose of establishing legal reserves, the 35 8 following shall not be considered risk assets: 35 9 a. Cash on hand. 35 10 b. Deposits and shares infederal or statefederally 35 11 insured banks, savings and loan associations, and credit 35 12 unions. 35 13 c. Assets which are insured by, fully guaranteed as to 35 14 principal and interest by, or due from the United States 35 15 government, its agencies, and instrumentalities. 35 16 d. Loans to other credit unions. 35 17 e. Student loans insured under the provisions of Title XX, 35 18 United States Code, section 1071 to section 1087 or similar 35 19 state programs. 35 20 f. Loans insured by the federal housing administration 35 21 under Title XII, United States Code, section 1703. 35 22 g. Loans fully insured or guaranteed by the federal 35 23 government, a state government, or any agency of either. 35 24g.h. Common trust investments which deal in investments 35 25 authorized in section 533.4. 35 26h.i. Prepaid expenses. 35 27i.j. Accrued interest on nonrisk investments. 35 28j.k. Furniture and equipment. 35 29k.l. Land and buildings. 35 30 m. Loans fully secured by a pledge of shares within the 35 31 credit union. 35 32 n. Deposits in the national credit union share insurance 35 33 fund. 35 34 o. Real estate loans in transit to the secondary market as 35 35 specified by rule. 36 1 Sec. 57. Section 533.18, Code 1995, is amended to read as 36 2 follows: 36 3 533.18 DIVIDENDS. 36 41.At such intervals and for such periods as the board of 36 5 directors may authorize, and aftertransfers to theprovision 36 6 for required reserves pursuant to section 533.17, the board of 36 7 directors may declare dividends at such rates and upon such 36 8 classes of shares as are determined by the board. Such 36 9 dividends shall be paid on all paid-up shares outstanding at 36 10 the close of the period for which the dividend is declared. 36 112. Shares which become fully paid up during such dividend36 12period and are outstanding at the close of period shall be36 13entitled to a proportional share of such dividend.36 143. Dividend credit for a month may be accrued on shares36 15which are or become fully paid up during the first fifteen36 16days of that month.36 17Sec. 58. NEW SECTION. 533.49 AUTHORITY TO LEASE SAFE 36 18 DEPOSIT BOXES. 36 19 1. A credit union may lease safe deposit boxes for the 36 20 storage of property on terms and conditions prescribed by it. 36 21 Such terms and conditions shall not bind any person to whom 36 22 the credit union does not give notice of the terms and condi- 36 23 tions by delivery of a lease and agreement in writing contain- 36 24 ing the terms and conditions. A credit union may limit its 36 25 liability provided such limitations are set forth in the lease 36 26 and agreement in at least the same size and type as the other 36 27 substantive provisions of the contract. 36 28 2. The lease and agreement of a safe deposit box may 36 29 provide that evidence tending to prove that property was left 36 30 in a safe deposit box upon the last entry by the member or the 36 31 member's authorized agent, and that the property or any part 36 32 of the property was found missing upon subsequent entry, is 36 33 not sufficient to raise a presumption that the property was 36 34 lost by any negligence or wrongdoing for which the credit 36 35 union is responsible, or put upon the credit union the burden 37 1 of proof that the alleged loss was not the fault of the credit 37 2 union. 37 3 3. A credit union may lease a safe deposit box to a minor. 37 4 A credit union may deal with a minor with respect to a safe 37 5 deposit box lease and agreement without the consent of a 37 6 parent, guardian, or conservator and with the same effect as 37 7 though the minor were an adult. Any action of the minor with 37 8 respect to such safe deposit box lease and agreement is 37 9 binding on the minor with the same effect as though the minor 37 10 were an adult. 37 11 4. A credit union which has on file a power of attorney of 37 12 a member covering a safe deposit box lease and agreement, 37 13 which has not been revoked by the member, shall incur no 37 14 liability as a result of continuing to honor the provisions of 37 15 the power of attorney in the event of the death or 37 16 incompetence of the donor of the power of attorney until the 37 17 credit union receives written notice of the death, or written 37 18 notice of adjudication by a court of the incompetence of the 37 19 member and the appointment of a guardian or conservator. 37 20 Sec. 59. NEW SECTION. 533.49A SEARCH PROCEDURE ON DEATH. 37 21 A credit union shall permit the person named in a court 37 22 order or, if no order has been served upon the credit union, 37 23 the spouse, a parent, an adult descendant, or a person named 37 24 as executor in a copy of a purported will produced by the 37 25 person, to open and examine the contents of a safe deposit box 37 26 leased by a decedent, or to examine any property delivered by 37 27 a decedent for safekeeping, in the presence of an officer of 37 28 the credit union. The credit union, if requested by such 37 29 person, and upon the credit union's receipt of the request, 37 30 shall deliver: 37 31 1. Any writing purported to be a will of the decedent to 37 32 the court having jurisdiction of the decedent's estate. 37 33 2. Any writing purported to be a deed to a burial plot, or 37 34 to give burial instructions, to the person making the request 37 35 for a search. 38 1 3. Any document purported to be an insurance policy on the 38 2 life of the decedent to the beneficiary named in the policy. 38 3 A credit union shall prepare and keep a list of any contents 38 4 delivered pursuant to this section describing the nature of 38 5 the property and the individual to whom delivered, and place a 38 6 copy of the list in the safe deposit box from which the con- 38 7 tents were removed. 38 8 Sec. 60. NEW SECTION. 533.49B ADVERSE CLAIMS TO PROPERTY 38 9 IN SAFE DEPOSIT AND SAFEKEEPING. 38 10 1. A credit union shall not be required, in the absence of 38 11 a court order or indemnity required by this section, to 38 12 recognize any claim to, or claim of authority to exercise 38 13 control over, property held in safe deposit or property held 38 14 for safekeeping pursuant to section 533.49D made by a person 38 15 or persons other than the following: 38 16 a. The member in whose name the property is held by the 38 17 credit union. 38 18 b. An individual or group of individuals who are 38 19 authorized to have access to the safe deposit box, or to the 38 20 property held for safekeeping, pursuant to a certified 38 21 corporate resolution or other written arrangement with the 38 22 member, currently on file with the credit union, which has not 38 23 been revoked by valid corporate action in the case of a 38 24 corporation, or by a valid agreement or other valid action 38 25 appropriate for the form of legal organization of any other 38 26 member, of which the credit union has received notice and 38 27 which is not the subject of a dispute known to the credit 38 28 union as to its original validity. The safe deposit and 38 29 safekeeping account records of a credit union shall be 38 30 presumptive evidence as to the identity of the member on whose 38 31 behalf the property is held. 38 32 2. To require a credit union to recognize an adverse claim 38 33 to, or adverse claim of authority to control, property held in 38 34 safe deposit or for safekeeping, whoever makes the claim must 38 35 do either of the following: 39 1 a. Obtain and serve on the credit union an appropriate 39 2 court order or judicial process directed to the credit union, 39 3 restraining any action with respect to the property until 39 4 further order of the court or instructing the credit union to 39 5 deliver the property, in whole or in part, as indicated in the 39 6 order or process. 39 7 b. Deliver to the credit union a bond, in form and amount 39 8 with sureties satisfactory to the credit union, indemnifying 39 9 the credit union against any liability, loss, or expense which 39 10 the credit union might incur because of its refusal to deliver 39 11 the property to any person described in subsection 1, 39 12 paragraph "a" or "b". 39 13 Sec. 61. NEW SECTION. 533.49C REMEDIES AND PROCEEDINGS 39 14 FOR NONPAYMENT OF RENT ON SAFE DEPOSIT BOX. 39 15 1. A credit union has a lien upon the contents of a safe 39 16 deposit box for past due rentals and any expense incurred in 39 17 opening the safe deposit box, replacement of the locks on the 39 18 safe deposit box, and of a sale made pursuant to this section. 39 19 If the rental of a safe deposit box is not paid within six 39 20 months from the day the rental is due, at any time after the 39 21 six months and while the rental remains unpaid, the credit 39 22 union shall mail a notice by restricted certified mail to the 39 23 member at the member's last known address as shown upon the 39 24 records of the credit union, stating that if the amount due 39 25 for the rental is not paid on or before a specified day, which 39 26 shall be at least thirty days after the date of mailing such 39 27 notice, the credit union will remove the contents of the safe 39 28 deposit box and hold the contents for the account of the 39 29 member. 39 30 2. If the rental for the safe deposit box has not been 39 31 paid after the expiration of the period specified in a notice 39 32 mailed pursuant to subsection 1, the credit union, in the 39 33 presence of two of its officers, may cause the box to be 39 34 opened and the contents removed. An inventory of the contents 39 35 of the safe deposit box shall be made by the two officers 40 1 present and the contents held by the credit union for the 40 2 account of the member. 40 3 3. If the contents are not claimed within two years after 40 4 their removal from the safe deposit box, the credit union may 40 5 proceed to sell so much of the contents as is necessary to pay 40 6 the past due rentals and expense incurred in opening the safe 40 7 deposit box, replacement of the locks on the safe deposit box, 40 8 and the sale of the contents. The sale shall be held at the 40 9 time and place specified in a notice published prior to the 40 10 sale once each week for two successive weeks in a newspaper of 40 11 general circulation published in the city or unincorporated 40 12 area in which the credit union has its principal place of 40 13 business, or if there is none, a newspaper of general circu- 40 14 lation published in the county, or in a county adjoining the 40 15 county, in which the credit union has its principal place of 40 16 business. A copy of the published notice shall be mailed to 40 17 the member at the member's last known address as shown upon 40 18 the records of the credit union. The notice shall contain the 40 19 name of the member and need only describe the contents of the 40 20 safe deposit box in general terms. The contents of any number 40 21 of safe deposit boxes may be sold under one notice of sale and 40 22 the cost of the sale apportioned ratably among the several 40 23 safe deposit box members involved. At the time and place 40 24 designated in the notice the contents taken from each 40 25 respective safe deposit box shall be sold separately to the 40 26 highest bidder for cash and the proceeds of each sale applied 40 27 to the rentals and expenses due to the credit union and the 40 28 residue from any such sale shall be held by the credit union 40 29 for the account of the member or members. An amount held as 40 30 proceeds from such sale shall be credited with interest at the 40 31 customary annual rate for savings accounts at the credit 40 32 union, or in lieu thereof, at the customary rate of interest 40 33 in the community where such proceeds are held. The crediting 40 34 of interest does not activate the account to avoid an 40 35 abandonment as unclaimed property under chapter 556. 41 1 4. Notwithstanding the provisions of this section, shares, 41 2 bonds, or other securities which, at the time of a sale pur- 41 3 suant to subsection 3, are listed on an established stock ex- 41 4 change in the United States, shall not be sold at public sale 41 5 but may be sold through an established stock exchange. Upon 41 6 making a sale of any such securities, an officer of the credit 41 7 union shall execute and attach to the securities so sold an 41 8 affidavit reciting facts showing that the securities were sold 41 9 pursuant to this section and that the credit union has 41 10 complied with the provisions of this section. The affidavit 41 11 constitutes sufficient authority to any corporation whose 41 12 shares are sold or to any registrar or transfer agent of such 41 13 corporation to cancel the certificates representing the shares 41 14 to the purchaser of the shares, and to any registrar, trustee, 41 15 or transfer agent of registered bonds or other securities, to 41 16 register any such bonds or other securities in the name of the 41 17 purchaser of the bonds or other securities. 41 18 5. The proceeds of any sale made pursuant to this section, 41 19 after the payment of any amounts with respect to which the 41 20 credit union has a lien, any property which was not offered 41 21 for sale and property which, although offered for sale, was 41 22 not sold, shall be retained by the credit union until such 41 23 time as the property is presumed abandoned according to 41 24 section 556.2, and shall be handled pursuant to chapter 556. 41 25 Sec. 62. NEW SECTION. 533.49D AUTHORITY TO RECEIVE 41 26 PROPERTY FOR SAFEKEEPING. 41 27 1. A credit union may accept property for safekeeping if, 41 28 except in the case of night depositories, the credit union 41 29 issues a receipt for the property. A credit union accepting 41 30 property for safekeeping shall purchase and maintain 41 31 reasonable insurance coverage to ensure against loss incurred 41 32 in connection with the acceptance of property for safekeeping. 41 33 Property held for safekeeping shall not be commingled with the 41 34 property of the credit union or the property of others. 41 35 2. A credit union has a lien upon any property held for 42 1 safekeeping and for expenses incurred in any sale made 42 2 pursuant to this subsection. If the charge for safekeeping of 42 3 property is not paid within six months from the day the charge 42 4 is due, at any time after the six months and while the charge 42 5 remains unpaid, the credit union may mail a notice to the 42 6 member at the member's last known address as shown upon the 42 7 records of the credit union, stating that if the amount due is 42 8 not paid on or before a specified day, which shall be at least 42 9 thirty days after the date of mailing the notice, the credit 42 10 union will remove the property from safekeeping and hold the 42 11 property for the account of the member. After the expiration 42 12 of the period specified in the notice, if the charge for 42 13 safekeeping has not been paid, the credit union may remove the 42 14 property from safekeeping, cause the property to be 42 15 inventoried, and hold the property for the account of the 42 16 member. If the property is not claimed within two years after 42 17 its removal from safekeeping the credit union may proceed to 42 18 sell so much of the property as is necessary to pay the charge 42 19 which remains unpaid and the expense incurred in making the 42 20 sale in the manner provided for in section 533.49C, 42 21 subsections 3 and 4. The proceeds of any sale made pursuant 42 22 to this section, after payment of any amounts with respect to 42 23 which the credit union has a lien, any property which was not 42 24 offered for sale, and property which, although offered for 42 25 sale, was not sold, shall be retained by the credit union 42 26 until such time as the property is presumed abandoned 42 27 according to section 556.2, and shall be handled pursuant to 42 28 chapter 556. 42 29 Sec. 63. Section 533.62, subsection 4, Code 1995, is 42 30 amended by striking the subsection and inserting in lieu 42 31 thereof the following: 42 32 4. a. A loan of money or property shall not be made 42 33 directly or indirectly by a state-chartered credit union, or 42 34 by its officers, directors, or employees, to the 42 35 superintendent, deputy, or employee of the credit union 43 1 division. The superintendent, deputy, or employee of the 43 2 credit union division shall not accept from a state-chartered 43 3 credit union, or its officers, directors, or employees, a loan 43 4 of money or property, either directly or indirectly. 43 5 b. The superintendent, deputy, or employee of the credit 43 6 union division shall not perform any services for or be an 43 7 officer, director, or employee of a state-chartered credit 43 8 union. 43 9 c. A person who willfully undertakes to establish a 43 10 business dealing contrary to this section commits a serious 43 11 misdemeanor, and shall be permanently disqualified from acting 43 12 as an officer, director, or employee of a state-chartered 43 13 credit union and permanently disqualified from acting as 43 14 superintendent, deputy, or employee of the credit union 43 15 division. 43 16 d. The superintendent, deputy, or employee of the credit 43 17 union division who is convicted of theft, burglary, robbery, 43 18 larceny, or embezzlement as a result of a violation of the 43 19 laws of any state or of the United States while holding such 43 20 position shall be immediately disqualified from employment and 43 21 shall be forever disqualified from holding any position in the 43 22 credit union division. 43 23 Sec. 64. Section 554.9401, subsection 6, Code 1995, is 43 24 amended to read as follows: 43 25 6. Of each fee collected by the county recorder under 43 26 sections 570A.4, 554.9403, 554.9405, and 554.9406, the county 43 27 recorder shall remit five dollars, if filed on a standard form 43 28 or six dollars otherwise, to theoffice of the treasurer of43 29statedepartment of revenue and finance for deposit in the 43 30 general fund of the state. 43 31 Sec. 65. Section 99D.5, subsection 1, Code 1995, is 43 32 amended to read as follows: 43 33 1. A state racing and gaming commission is created within 43 34 the department of inspections and appeals consisting of five 43 35 members who shall be appointed by the governor subject to 44 1 confirmation by the senate, and who shall serve not to exceed 44 2 a three-year term at the pleasure of the governor. The term 44 3 of each member shall begin and end as provided in section 44 4 69.19. Before a person is appointed to the commission, the 44 5 division of criminal investigation of the department of public 44 6 safety shall conduct a thorough background investigation of 44 7 the proposed appointee. The proposed appointee shall provide 44 8 information on a form as required by the division of criminal 44 9 investigation. The background investigation shall be the same 44 10 as conducted for an applicant for a license to conduct pari- 44 11 mutuel wagering. The information shall be made available to 44 12 the members of the senate standing committee assigned to 44 13 investigate and recommend confirmation of an appointee. 44 14 Sec. 66. Section 51 of this Act shall take effect only if 44 15 the general assembly appropriates $200,000 for 4 FTEs in the 44 16 insurance division of the department of commerce to be used to 44 17 staff the program established pursuant to section 51 of this 44 18 Act. 44 19 Sec. 67. REPEAL. Chapter 7F and sections 12.9, 12.12, and 44 20 12.13, Code 1995, are repealed. 44 21 Sec. 68. EFFECTIVE DATE. This section and sections 42, 44 22 43, 44, 45, 46, 47, 48, and 50, being deemed of immediate 44 23 importance, take effect upon enactment. Section 50 of this 44 24 Act is retroactive to April 1, 1995. Sections 26, 27, and 28 44 25 of this Act take effect on June 30, 1995. The remainder of 44 26 this Act takes effect on July 1, 1995. 44 27 EXPLANATION 44 28 This bill relates to and appropriates moneys to various 44 29 state departments, agencies, funds, and certain other 44 30 interstate and national entities for the fiscal year beginning 44 31 July 1, 1995, and ending June 30, 1996. 44 32 The state departments and agencies include the auditor of 44 33 state, Iowa ethics and campaign disclosure board, department 44 34 of commerce, department of general services, office of 44 35 governor including the lieutenant governor and Terrace Hill 45 1 quarters, department of inspections and appeals, department of 45 2 management, department of personnel, Iowa public employees' 45 3 retirement system, department of revenue and finance, 45 4 secretary of state, and treasurer of state. 45 5 The bill also appropriates funding for the state's 45 6 membership on the commission on uniform state laws, the 45 7 national conference of state legislatures, the council of 45 8 state governments, the national governors' conference, and law 45 9 enforcement training reimbursements. 45 10 The bill also repeals chapter 7F which establishes the 45 11 office for state-federal relations and prescribes its duties. 45 12 The bill also transfers funds from the centralized 45 13 purchasing revolving fund, auditor of state filing fee 45 14 account, and secretary of state optical imagining account to 45 15 the general fund of the state on June 30, 1995. This 45 16 procedure requires an early effective date for those sections. 45 17 The bill provides for salary limitations for certain state 45 18 officers and employees in the executive departments. The 45 19 limitation is 80 percent of the salary of the governor or 45 20 principal department officer. 45 21 The bill requires the state agencies receiving 45 22 appropriations under the bill to report all expenses in excess 45 23 of the funds appropriated from any statutory revolving fund 45 24 during the fiscal year beginning July 1, 1994, and ending June 45 25 30, 1995. The report is due by September 30, 1995, and shall 45 26 be submitted to the chairpersons and ranking members of the 45 27 joint appropriations subcommittee on administration and 45 28 regulation and the legislative fiscal bureau. 45 29 An amendment to section 12.21 allows departments to 45 30 determine if payment by credit card is cost-effective when a 45 31 department is required to pay the discount without passing the 45 32 cost to the consumer. 45 33 The bill provides for linked investments for nontraditional 45 34 livestock. 45 35 Section 462A.78, subsection 5, and section 554.9401, 46 1 subsection 6, are amended to have certain fees collected by 46 2 the county recorder remitted directly to the department of 46 3 revenue and finance for deposit in the general fund of the 46 4 state rather than through the office of the treasurer of 46 5 state. 46 6 The bill provides that the speaker of the house of 46 7 representatives and the president of the senate shall notify 46 8 the administrative code editor of the final disposition of any 46 9 rule delayed by the administrative rules review committee. 46 10 The bill establishes a health education and advisory 46 11 program in the insurance division of the department of 46 12 commerce to assist health care consumers. 46 13 This bill also provides that the treasurer of state shall, 46 14 upon receipt of a report on unpaid warrants which have been 46 15 outdated for two years or more from the director of revenue 46 16 and finance, publish notice of these warrants. The 46 17 publication of the notice shall be pursuant to section 556.12. 46 18 The provisions of section 556.11 regarding agreements to pay 46 19 compensation for recovery or assistance in recovery of 46 20 unclaimed property shall apply. 46 21 The bill adds the treasurer of state, or the treasurer's 46 22 designee, as an ex officio, nonvoting member of the board of 46 23 trustees of the statewide fire and police retirement system 46 24 effective May 1, 1995. The bill requires the membership of 46 25 the voting members to be gender-balanced. The provisions 46 26 pertaining to the treasurer of state and the gender balance 46 27 requirement take effect upon enactment. 46 28 This bill also amends provisions of chapter 533 relating to 46 29 the regulation of credit unions. 46 30 Sections 12.9, 12.12, and 12.13 are repealed. The 46 31 treasurer of state will no longer need to report annual fees 46 32 received from the judicial department. The fees are currently 46 33 remitted to the judicial department in lieu of the treasurer 46 34 of state. Statements and payments related to unclaimed fees 46 35 are also repealed because the section related to unclaimed 47 1 fees was repealed in 1990. 47 2 Section 533.4 is amended to permit a credit union to 47 3 receive payments on shares and deposits from nonmembers as 47 4 prescribed by rule of the superintendent where the credit 47 5 union is serving predominately low-income members, other 47 6 credit unions, and federal, state, county, and city 47 7 governments, in addition to payments from its members. The 47 8 bill authorizes credit unions to make deposits in state and 47 9 federal savings banks and savings and loan associations, and 47 10 state and federal credit unions which are insured by the 47 11 federal deposit insurance corporation or the national credit 47 12 union share insurance fund. The bill provides that data 47 13 processing services and loan documentation recordkeeping 47 14 functions may be performed at an authorized office or other 47 15 location, subject to the approval of the superintendent. 47 16 Section 533.16 is amended to provide that the rates, terms, 47 17 and conditions of a loan or line of credit to a director of a 47 18 credit union shall not be more favorable than the rates, 47 19 terms, or conditions of comparable loans or lines of credit to 47 20 the other members of the credit union. The bill increases the 47 21 limit on the aggregate amount of all loans and lines of credit 47 22 to directors from 20 to 25 percent of the assets of the credit 47 23 union. The section is also amended to provide that a credit 47 24 union which obtains a report or opinion by an attorney of 47 25 another mortgage lender relating to defects in the title to 47 26 real property is to provide a copy of the report or opinion to 47 27 the mortgagor and the mortgagor's attorney. 47 28 Section 533.17 is amended to provide that at the end of 47 29 each dividend period, but no less than quarterly, the gross 47 30 income of a credit union is to be determined and an amount set 47 31 aside as a legal reserve against losses on loans and other 47 32 losses as specified by rule. The section is also amended to 47 33 list certain other assets of the credit union which are not to 47 34 be considered risk assets for purposes of determining the 47 35 amount of the required reserves. 48 1 Section 533.18 is amended to strike language which provides 48 2 that shares which become fully payable during a dividend 48 3 period and are outstanding at the close of the period are 48 4 entitled to a proportional share of the dividend, and that 48 5 dividend credit for a month may be accrued on shares which are 48 6 or become fully paid up during the first fifteen days of that 48 7 month. 48 8 New section 533.49 authorizes the credit union to lease 48 9 safe deposit boxes similar to the authority of banks. 48 10 New section 533.49A establishes a procedure for searching a 48 11 safe deposit box of a person who has died similar to the 48 12 procedure established for banks. 48 13 New section 533.49B establishes a procedure for recognizing 48 14 an adverse claim to property held in a safe deposit box or 48 15 property held for safekeeping which is similar to the 48 16 procedure established for banks. 48 17 New section 533.49C establishes the remedies available to a 48 18 credit union for nonpayment of rent on a safe deposit box. 48 19 These remedies are similar to those provided for banks. 48 20 New section 533.49D authorizes a credit union to accept 48 21 property for safekeeping which is similar to the authority 48 22 granted to state banks. 48 23 Section 533.62 is amended to define the business 48 24 relationship which can exist between a state-chartered credit 48 25 union and the superintendent, deputy, or other employee of the 48 26 credit union division. This language is similar to that 48 27 applicable to the banking division. 48 28 This bill provides that members of the state racing and 48 29 gaming commission must have background investigations 48 30 conducted by the bureau of criminal investigation. 48 31 LSB 1993SC 76 48 32 tj/sc/14
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