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House File 731

Partial Bill History

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2                    APPROPRIATION INFORMATION
  1  3    Section 1.  NEW SECTION.  2.16A  APPROPRIATION INFORMATION
  1  4 REQUIRED.
  1  5    If required by the joint rules of the general assembly, a
  1  6 legislative bill or resolution which includes an appropriation
  1  7 shall have attached to it a future obligations estimate
  1  8 containing information required by section 2.49, subsection
  1  9 5A, paragraph "a", subparagraphs (1) through (5).
  1 10    Sec. 2.  Section 2.49, subsection 4, Code 1997, is amended
  1 11 to read as follows:
  1 12    4.  Assist standing committees and members of the general
  1 13 assembly in attaching fiscal notes to legislative bills and
  1 14 resolutions as provided by the rules of the general assembly.
  1 15 A fiscal note shall also include the following information as
  1 16 applicable:
  1 17    a.  If the cost of implementing the bill or resolution is
  1 18 projected to increase or decrease in fiscal years subsequent
  1 19 to the fiscal year of initial implementation, the fiscal note
  1 20 shall include the projections for the subsequent fiscal years.
  1 21    b.  If the bill or resolution involves a capital or
  1 22 technology project, the fiscal note shall include an estimate
  1 23 of the ongoing operating or maintenance costs associated with
  1 24 the project in future fiscal years.
  1 25    Sec. 3.  Section 2.49, Code 1997, is amended by adding the
  1 26 following new subsection:
  1 27    NEW SUBSECTION.  5A.  If required by the joint rules of the
  1 28 general assembly, provide the information enumerated in
  1 29 paragraphs "a" and "b" to members of the general assembly.
  1 30 The information shall be provided upon adjournment of a
  1 31 regular or extraordinary session of the general assembly and
  1 32 on a weekly basis beginning thirty calendar days prior to the
  1 33 final date for which payment is authorized in accordance with
  1 34 section 2.10, subsection 1, to members of the general assembly
  1 35 for expenses of office during a regular legislative session.
  2  1    a.  An itemized listing of appropriations approved during
  2  2 that session of the general assembly.  The listing shall
  2  3 include, but is not limited to, all of the following items:
  2  4    (1)  For a purpose funded by an appropriation for which it
  2  5 is projected that continuance of the purpose will require an
  2  6 increased appropriation in one or more subsequent fiscal
  2  7 years, the amount of the projected increase.
  2  8    (2)  For a purpose funded by an appropriation for less than
  2  9 a full fiscal year, the annualized amount required to fund the
  2 10 purpose for a full fiscal year.
  2 11    (3)  For a purpose funded by an appropriation where the
  2 12 funding source for the appropriation is only available for a
  2 13 limited period of time, including, but not limited to, moneys
  2 14 which would otherwise revert to the fund from which
  2 15 appropriated, the projected amount to fully fund the purpose
  2 16 in future fiscal years.
  2 17    (4)  For a purpose funded by redirecting an appropriation
  2 18 made in a prior fiscal year, the projected amount to fully
  2 19 fund the purpose in future fiscal years.
  2 20    (5)  For a purpose funded by an appropriation from a source
  2 21 other than the general fund of the state in which an exception
  2 22 is made to the law for the funding source in effect at the
  2 23 time the appropriation is made or for a purpose which in order
  2 24 to be funded by an appropriation from the same funding source
  2 25 in a subsequent fiscal year would require an exception to law,
  2 26 the amount projected to fully fund the purpose in the
  2 27 subsequent fiscal year.
  2 28    b.  A statement of the estimated financial condition of the
  2 29 state treasury for the fiscal year which commences during the
  2 30 calendar year in which the next regular session of the general
  2 31 assembly convenes.  The statement shall incorporate the items
  2 32 described in paragraph "a".
  2 33    Sec. 4.  Section 8.22, Code 1997, is amended by adding the
  2 34 following new part:
  2 35    NEW PART.  
  3  1                             PART IV
  3  2    FUTURE OBLIGATIONS.  Part IV shall include the future
  3  3 obligations estimates for all bills or resolutions which
  3  4 include appropriations as follows:
  3  5    1.  For a purpose funded by an appropriation for which it
  3  6 is projected that continuance of the purpose will require an
  3  7 increased appropriation in one or more subsequent fiscal
  3  8 years, the amount of the projected increase.
  3  9    2.  For a purpose funded by an appropriation for less than
  3 10 a full fiscal year, the annualized amount required to fund the
  3 11 purpose for a full fiscal year.
  3 12    3.  For a purpose funded by an appropriation where the
  3 13 funding source for the appropriation is only available for a
  3 14 limited period of time, including, but not limited to, moneys
  3 15 which would otherwise revert to the fund from which
  3 16 appropriated, the projected amount to fully fund the purpose
  3 17 in future fiscal years.
  3 18    4.  For a purpose funded by redirecting an appropriation
  3 19 made in a prior fiscal year, the projected amount to fully
  3 20 fund the purpose in future fiscal years.
  3 21    5.  For a purpose funded by an appropriation from a source
  3 22 other than the general fund of the state in which an exception
  3 23 is made to the law for the funding source in effect at the
  3 24 time the appropriation is made or for a purpose which in order
  3 25 to be funded by an appropriation from the same funding source
  3 26 in a subsequent fiscal year would require an exception to law,
  3 27 the amount projected to fully fund the purpose in the
  3 28 subsequent fiscal year.
  3 29    6.  For a purpose involving a capital or technology
  3 30 project, the projected ongoing operating or maintenance costs
  3 31 associated with the project for subsequent years.  
  3 32                           DIVISION II
  3 33                      BUDGETING FOR RESULTS
  3 34    Sec. 5.  NEW SECTION.  8.35B  BUDGETING FOR RESULTS.
  3 35    1.  For the purposes of this section, unless the context
  4  1 otherwise requires, the term "budgeting for results" means the
  4  2 budgeting process which includes steps for identifying and
  4  3 measuring desired results by use of results-oriented
  4  4 performance measures.  Under budgeting for results the
  4  5 performance measures are developed by a department or
  4  6 establishment in collaboration with the department of
  4  7 management and the legislative fiscal bureau for a program
  4  8 administered by the department or establishment.
  4  9    2.  If a new program commences on or after July 1, 1997,
  4 10 under a department or establishment or the source of funding
  4 11 for a program administered by a department or establishment is
  4 12 changed from the source of funding used in the previous fiscal
  4 13 year, the program shall be included in budgeting for results.
  4 14    3.  Commencing with the fiscal year beginning July 1, 2000,
  4 15 all programs administered by departments and establishments
  4 16 shall be included in budgeting for results.
  4 17    4.  The departments and establishments utilizing budgeting
  4 18 for results, shall collect data as determined by the
  4 19 department of management in collaboration with the legislative
  4 20 fiscal bureau, for use in evaluating the programs included in
  4 21 budgeting for results.  The data shall measure the
  4 22 effectiveness of a program in achieving the stated desired
  4 23 results.  Analysis of the data and evaluations of the
  4 24 effectiveness of a program in achieving the desired results
  4 25 shall be submitted by the departments and establishments to
  4 26 the governor and general assembly for use in making budgetary
  4 27 and policy decisions.  
  4 28                          DIVISION III
  4 29              CLEAN FUND REPEAL – LOTTERY TRANSFER
  4 30    Sec. 6.  EXCESS LOTTERY REVENUES – FY 1994-1995.  The
  4 31 lottery revenues received during the fiscal year beginning
  4 32 July 1, 1994, which remain in the lottery fund following
  4 33 transfers made pursuant to 1995 Iowa Acts, chapter 220,
  4 34 section 16, and 1996 Iowa Acts, chapter 1219, section 14, and
  4 35 following the amounts appropriated and enacted under any Act
  5  1 of the Seventy-seventh General Assembly, 1997 Session, shall
  5  2 be transferred and credited to the general fund of the state.  
  5  3    Sec. 7.  Section 8.22A, subsection 5, paragraph a, Code
  5  4 1997, is amended to read as follows:
  5  5    a.  The amount of lottery revenues for the following fiscal
  5  6 year to be available for disbursement transferred from the
  5  7 lottery fund to the general fund of the state following the
  5  8 deductions made pursuant to section 99E.10, subsection 1.
  5  9    Sec. 8.  Section 99E.10, subsection 1, unnumbered paragraph
  5 10 3, Code 1997, is amended to read as follows:
  5 11    The committing the lottery to environment, agriculture, and
  5 12 natural resources fund, also to be known as the CLEAN fund, is
  5 13 created in the office of the treasurer of state.  Lottery
  5 14 revenue remaining after expenses are determined shall be
  5 15 transferred to the CLEAN general fund of the state on a
  5 16 monthly basis.  Revenues generated during the last month of
  5 17 the fiscal year which are transferred to the CLEAN general
  5 18 fund of the state during the following fiscal year shall be
  5 19 considered revenues transferred during the previous fiscal
  5 20 year for purposes of the allotments made to and appropriations
  5 21 made from the separate accounts in the CLEAN fund for that
  5 22 previous fiscal year.  However, upon the request of the
  5 23 director and subject to approval by the treasurer of state, an
  5 24 amount sufficient to cover the foreseeable administrative
  5 25 expenses of the lottery for a period of twenty-one days may be
  5 26 retained from the lottery revenue.  Prior to the monthly
  5 27 transfer to the CLEAN general fund of the state, the director
  5 28 may direct that lottery revenue shall be deposited in the
  5 29 lottery fund and in interest-bearing accounts designated by
  5 30 the treasurer of state in the financial institutions of this
  5 31 state or invested in the manner provided in section 12B.10.
  5 32 Interest or earnings paid on the deposits or investments is
  5 33 considered lottery revenue and shall be transferred to the
  5 34 CLEAN general fund of the state in the same manner as other
  5 35 lottery revenue.  Money in the CLEAN fund shall be deposited
  6  1 in interest-bearing accounts in financial institutions in this
  6  2 state or invested in the manner provided in section 12B.10.
  6  3 The interest or earnings on the deposits or investments shall
  6  4 be considered part of the CLEAN fund and shall be retained in
  6  5 the fund unless appropriated by the general assembly.
  6  6    Sec. 9.  Section 99E.10, subsection 2, Code 1997, is
  6  7 amended to read as follows:
  6  8    2.  The director of management shall not include lottery
  6  9 revenues in the director's fiscal year revenue estimates.
  6 10 Moneys in the CLEAN fund shall not be considered a part of the
  6 11 Iowa economic emergency fund.
  6 12    Sec. 10.  Section 99E.20, subsection 2, Code 1997, is
  6 13 amended to read as follows:
  6 14    2.  A lottery fund is created in the office of the
  6 15 treasurer of state.  The fund consists of all revenues
  6 16 received from the sale of lottery tickets or shares and all
  6 17 other moneys lawfully credited or transferred to the fund.
  6 18 The commissioner shall certify monthly that portion of the
  6 19 fund that is transferred to the CLEAN general fund of the
  6 20 state under section 99E.10 and shall cause that portion to be
  6 21 transferred to the CLEAN general fund of the state.  The
  6 22 commissioner shall certify before the twentieth of each month
  6 23 that portion of the lottery fund resulting from the previous
  6 24 month's sales to be transferred to the CLEAN general fund of
  6 25 the state.
  6 26    Sec. 11.  Section 99E.34, Code 1997, is repealed.  
  6 27                           DIVISION IV
  6 28                  EDUCATION – AT-RISK CHILDREN
  6 29    Sec. 12.  Section 279.51, subsection 1, unnumbered
  6 30 paragraph 1, Code 1997, is amended to read as follows:
  6 31    There is appropriated from the general fund of the state to
  6 32 the department of education for the fiscal year beginning July
  6 33 1, 1996 1997, and each succeeding fiscal year, the sum of
  6 34 fourteen fifteen million five one hundred twenty seventy
  6 35 thousand dollars.
  7  1    Sec. 13.  Section 279.51, subsection 1, paragraph b, Code
  7  2 1997, is amended to read as follows:
  7  3    b.  For the fiscal year beginning July 1, 1996 1997, and
  7  4 for each succeeding fiscal year, seven eight million six three
  7  5 hundred seventy twenty thousand dollars of the funds
  7  6 appropriated shall be allocated to the child development
  7  7 coordinating council established in chapter 256A for the
  7  8 purposes set out in subsection 2 of this section and section
  7  9 256A.3.  
  7 10                           DIVISION V
  7 11               STREAMLINING GOVERNMENT ACTIVITIES
  7 12    Sec. 14.  Section 2.50, subsection 3, Code 1997, is amended
  7 13 by striking the subsection.
  7 14    Sec. 15.  Section 8.26, Code 1997, is amended to read as
  7 15 follows:
  7 16    8.26  HEARINGS.
  7 17    Immediately upon the receipt of the tentative budget
  7 18 provided for by section 8.25 the The governor shall make
  7 19 provision for public hearings thereon on the proposed budget,
  7 20 at which the governor may require the attendance of the heads
  7 21 and other officers of all departments, establishments and
  7 22 other persons receiving or requesting the grant of state funds
  7 23 and the giving by them of such explanations and suggestions as
  7 24 they may be called upon to give or as they may desire to offer
  7 25 in respect to items of requested appropriations in which they
  7 26 are interested.  The governor shall also extend invitations to
  7 27 the governor-elect and the director of the department of
  7 28 management to be present at such the hearings and to
  7 29 participate in the hearings through the asking of questions or
  7 30 the expression of opinion in regard to the items of the
  7 31 tentative proposed budget.
  7 32    Sec. 16.  Section 18.18, subsection 1, paragraph d, Code
  7 33 1997, is amended to read as follows:
  7 34    d.  The department shall report to the general assembly on
  7 35 February 1 of each year the following:
  8  1    (1)  A listing of plastic products which are regularly
  8  2 purchased by the department and other state agencies for which
  8  3 recycled content product alternatives are available, including
  8  4 the cost of the plastic products purchased and the cost of the
  8  5 recycled content product alternatives.
  8  6    (2)  Information relating to soybean-based inks and plastic
  8  7 garbage can liners with recycled content regularly purchased
  8  8 by the department and other state agencies, including the cost
  8  9 of purchasing soybean-based inks and plastic garbage can
  8 10 liners with recycled content and the percentages of soybean-
  8 11 based inks and plastic garbage can liners with recycled
  8 12 content that have been purchased.
  8 13    Sec. 17.  Section 18.75, subsection 8, Code 1997, is
  8 14 amended to read as follows:
  8 15    8.  By November 1 of each year supply develop on electronic
  8 16 medium only a report which contains the name, gender, county,
  8 17 or city of residence when possible, official title, salary
  8 18 received during the previous fiscal year, base salary as
  8 19 computed on July 1 of the current fiscal year, and traveling
  8 20 and subsistence expense of the personnel of each of the
  8 21 departments, boards, and commissions of the state government
  8 22 except personnel who receive an annual salary of less than one
  8 23 thousand dollars.  The number of the personnel and the total
  8 24 amount received by them shall be shown for each department in
  8 25 the report.  All employees who have drawn salaries, fees, or
  8 26 expense allowances from more than one department or
  8 27 subdivision shall be listed separately under the proper
  8 28 departmental heading.  On the request of the superintendent,
  8 29 the head of each department, board, or commission shall
  8 30 furnish the data on electronic medium only covering that
  8 31 agency.  The report shall be distributed upon request without
  8 32 charge to each caucus of the general assembly, the legislative
  8 33 service bureau, the legislative fiscal bureau, the chief clerk
  8 34 of the house of representatives, and the secretary of the
  8 35 senate.  Copies of the report shall be made available to other
  9  1 persons in both print or electronic medium upon payment of a
  9  2 fee, which shall not exceed the cost of providing the copy of
  9  3 the report.  Sections 22.2 through 22.6 apply to the report.
  9  4 All funds from the sale of the report shall be deposited in
  9  5 the general fund.  Requests for publications shall be handled
  9  6 only upon receipt of postage by the superintendent.
  9  7    Sec. 18.  Section 19A.1, subsection 3, paragraph a, Code
  9  8 1997, is amended by striking the paragraph.
  9  9    Sec. 19.  Section 19A.2, subsection 2, Code 1997, is
  9 10 amended by striking the subsection.
  9 11    Sec. 20.  Section 19A.9, unnumbered paragraph 1, and
  9 12 subsections 1, 2, and 23, Code 1997, are amended to read as
  9 13 follows:
  9 14    The personnel commission director shall adopt and may amend
  9 15 rules for the administration and implementation of this
  9 16 chapter in accordance with chapter 17A.  The director shall
  9 17 prepare and submit proposed rules to the commission.
  9 18 Rulemaking shall be carried out with due regard to the terms
  9 19 of collective bargaining agreements.  A rule shall not
  9 20 supersede a provision of a collective bargaining agreement
  9 21 negotiated under chapter 20.  The rules shall provide:
  9 22    1.  For the preparation, maintenance, and revision of a
  9 23 position classification plan from a schedule by separate
  9 24 department for each position and type of employment not
  9 25 otherwise provided for by law in state government for all
  9 26 positions in the executive branch, excluding positions under
  9 27 the state board of regents, based upon duties performed and
  9 28 responsibilities assumed, so that the same qualifications may
  9 29 reasonably be required for and the same schedule of pay may be
  9 30 equitably applied to all positions in the same class, in the
  9 31 same geographical area.  After the classification has been
  9 32 approved by the commission, the The director shall allocate
  9 33 the position of every employee in the executive branch,
  9 34 excluding employees of the state board of regents, to one of
  9 35 the classes in the plan.  Any employee or agency officials
 10  1 affected by the allocation of a position to a class shall,
 10  2 after filing with the director a written request for
 10  3 reconsideration in the manner and form the director
 10  4 prescribes, be given a reasonable opportunity to be heard by
 10  5 the director.  An appeal may be made to the commission or to a
 10  6 qualified classification committee appointed by the
 10  7 commission.  An allocation or reallocation of a position by
 10  8 the director to a different classification shall not become
 10  9 effective if the allocation or reallocation may result in the
 10 10 expenditure of funds in excess of the total amount budgeted
 10 11 for the department of the appointing authority until approval
 10 12 has been obtained from the director of the department of
 10 13 management.
 10 14    When the public interest requires a diminution or increase
 10 15 of employees in any position or type of employment not
 10 16 otherwise provided by law, or the creation or abolishment of
 10 17 any position or type of employment, the governor, acting in
 10 18 good faith, shall so notify the commission director.
 10 19 Thereafter the position or type of employment shall stand
 10 20 abolished or created and the number of employees therein
 10 21 reduced or increased.  Schedules of positions and types of
 10 22 employment not otherwise provided for by law shall be reviewed
 10 23 at least once each year by the governor.
 10 24    2.  For pay plans within the purview of an appropriation
 10 25 made by the general assembly and not otherwise provided by law
 10 26 for all employees in the executive branch of state government,
 10 27 excluding employees of the state board of regents, after
 10 28 consultation with the governor and appointing authorities with
 10 29 due regard to the terms of collective bargaining agreements
 10 30 negotiated under chapter 20 and after a public hearing held by
 10 31 the commission.  Review of the pay plan for revisions shall be
 10 32 made in the same manner at the discretion of the director, but
 10 33 not less than annually.  The annual review by the director
 10 34 shall be made available to the governor a sufficient time in
 10 35 advance of collective bargaining negotiations to permit its
 11  1 recommendations to be considered during the negotiations.
 11  2 Each employee in the executive branch, excluding employees of
 11  3 the state board of regents, shall be paid at one of the rates
 11  4 set forth in the pay plan for the class of position in which
 11  5 employed and, unless otherwise designated by the commission
 11  6 director, shall begin employment at the first step of the
 11  7 established range for the employee's class.
 11  8    23.  For the establishment of work test appointments for
 11  9 positions of unskilled labor to job classifications such as
 11 10 laborers, attendants, aides, janitors, food service workers,
 11 11 laundry workers, porters, elevator operators, or custodial
 11 12 workers, or similar types of employment when where the
 11 13 character of the work makes it impracticable to effectively
 11 14 supply the needs of the service effectively departments by
 11 15 written or other type of competitive examination.  If this
 11 16 subsection conflicts with any other provisions of this
 11 17 chapter, the provisions of this subsection govern the
 11 18 positions to which it applies.  All persons appointed to the
 11 19 positions specified in this subsection shall serve a
 11 20 probationary period in accordance with this chapter, may
 11 21 acquire permanent status, and are subject to the same rules as
 11 22 other classified employees.  Such persons shall be required to
 11 23 pass promotional examinations as prescribed by this chapter
 11 24 and the rules adopted by the personnel commission director
 11 25 before they may be promoted to a higher classification.
 11 26    Sec. 21.  Section 19A.16, Code 1997, is amended to read as
 11 27 follows:
 11 28    19A.16  SERVICES TO POLITICAL SUBDIVISIONS.
 11 29    Subject to the rules approved by the commission, the The
 11 30 director may enter into agreements with any municipality or
 11 31 political subdivision of the state to furnish services and
 11 32 facilities of the agency to such the municipality or political
 11 33 subdivision in the administration of its personnel on merit
 11 34 principles.  Any such The agreement shall provide for the
 11 35 reimbursement to the state of the reasonable cost of the
 12  1 services and facilities furnished.  All municipalities and
 12  2 political subdivisions of the state are authorized to enter
 12  3 into such agreements.
 12  4    Nothing in this chapter shall affect any municipal civil
 12  5 service programs presently established under and pursuant to
 12  6 the provisions of chapter 400.
 12  7    Sec. 22.  Section 19A.18, unnumbered paragraphs 6 and 7,
 12  8 Code 1997, are amended to read as follows:
 12  9    Any officer or employee in the merit system who violates
 12 10 any of the provisions of this section shall be subject to
 12 11 suspension, dismissal, or demotion subject to the right of
 12 12 appeal herein.
 12 13    The commission director shall adopt any rules necessary for
 12 14 further restricting political activities of persons holding
 12 15 positions in the classified service employees in the executive
 12 16 branch, but only to the extent necessary to comply with
 12 17 federal standards.  Employees retain the right to vote as they
 12 18 please and to express their opinions on all subjects.
 12 19    Sec. 23.  Section 70A.1, unnumbered paragraph 7, Code 1997,
 12 20 is amended to read as follows:
 12 21    State employees, excluding state board of regents' faculty
 12 22 members with nine-month appointments, and employees covered
 12 23 under a collective bargaining agreement negotiated with the
 12 24 public safety bargaining unit who are eligible for accrued
 12 25 vacation benefits and accrued sick leave benefits, who have
 12 26 accumulated thirty days of sick leave, and who do not use sick
 12 27 leave during a full month of employment may elect to accrue up
 12 28 to one-half day of additional vacation.  The accrual of
 12 29 additional vacation time by an employee for not using sick
 12 30 leave during a month is in lieu of the accrual of up to one
 12 31 and one-half days of sick leave for that month.  The personnel
 12 32 commission director of the department of personnel may adopt
 12 33 the necessary rules and procedures for the implementation of
 12 34 this program for all state employees except employees of the
 12 35 state board of regents.  The state board of regents may adopt
 13  1 necessary rules for the implementation of this program for its
 13  2 employees.
 13  3    Sec. 24.  Section 70A.16, subsection 2, unnumbered
 13  4 paragraph 1, Code 1997, is amended to read as follows:
 13  5    A state employee who is reassigned shall be reimbursed for
 13  6 moving expenses incurred in accordance with rules and policies
 13  7 adopted by the personnel commission director of the department
 13  8 of personnel when all of the following circumstances exist:
 13  9    Sec. 25.  Section 137.6, subsection 4, Code 1997, is
 13 10 amended to read as follows:
 13 11    4.  Employ persons as necessary for the efficient discharge
 13 12 of its duties.  Employment practices shall meet the
 13 13 requirements of the personnel commission chapter 19A or any
 13 14 civil service provision adopted under chapter 400.
 13 15    Sec. 26.  Section 159.5, subsection 15, Code 1997, is
 13 16 amended by striking the subsection.
 13 17    Sec. 27.  Section 198.9, subsection 3, unnumbered paragraph
 13 18 3, Code 1997, is amended to read as follows:
 13 19    The secretary shall publish a report not later than January
 13 20 1 of each year.  The report shall provide a detailed
 13 21 accounting of all sources of revenue deposited under and all
 13 22 dispositions of funds expended under this section.  The report
 13 23 shall detail full-time equivalent positions used in fulfilling
 13 24 the requirements of this chapter.  The report shall also
 13 25 indicate to what extent any full-time equivalent positions are
 13 26 shared with other programs.  Copies of the report issued by
 13 27 the secretary pursuant to this subsection shall be delivered
 13 28 each year to the members of the house of representatives and
 13 29 senate standing committees on agriculture.
 13 30    Sec. 28.  Section 216B.3, subsection 12, paragraph d, Code
 13 31 1997, is amended to read as follows:
 13 32    d.  The commission shall report to the general assembly on
 13 33 February 1 of each year, the following:
 13 34    (1)  A listing of plastic products which are regularly
 13 35 purchased by the commission for which recycled content product
 14  1 alternatives are available, including the cost of the plastic
 14  2 products purchased and the cost of the recycled content
 14  3 product alternatives.
 14  4    (2)  Information relating to soybean-based inks and plastic
 14  5 garbage can liners with recycled content regularly purchased
 14  6 by the commission, including the cost of purchasing soybean-
 14  7 based inks and plastic garbage can liners with recycled
 14  8 content and the percentages of soybean-based inks and plastic
 14  9 garbage can liners with recycled content that have been
 14 10 purchased.
 14 11    Sec. 29.  Section 261.20, subsection 4, Code 1997, is
 14 12 amended by striking the subsection.
 14 13    Sec. 30.  Section 261.25, subsection 5, Code 1997, is
 14 14 amended to read as follows:
 14 15    5.  For the fiscal year beginning July 1, 1989, and in
 14 16 succeeding years, the institutions of higher education that
 14 17 enroll recipients of Iowa tuition grants shall transmit to the
 14 18 Iowa college student aid commission information about the
 14 19 numbers of minority students enrolled and minority faculty
 14 20 members employed at the institution, and existing or proposed
 14 21 plans for the recruitment and retention of minority students
 14 22 and faculty as well as existing or proposed plans to serve
 14 23 nontraditional students.  The Iowa college student aid
 14 24 commission shall compile and report the enrollment and
 14 25 employment information and plans to the chairpersons and
 14 26 ranking members of the house and senate education committees,
 14 27 members of the joint education appropriations subcommittee,
 14 28 the governor, and the legislative fiscal bureau by December 15
 14 29 of each year.
 14 30    Sec. 31.  Section 307.21, subsection 4, paragraph c, Code
 14 31 1997, is amended to read as follows:
 14 32    c.  The department shall report to the general assembly by
 14 33 February 1 of each year, the following:
 14 34    (1)  A listing of plastic products which are regularly
 14 35 purchased by the board for which recycled content product
 15  1 alternatives are available, including the cost of the plastic
 15  2 products purchased and the cost of the recycled content
 15  3 product alternatives.
 15  4    (2)  Information relating to soybean-based inks and plastic
 15  5 garbage can liners with recycled content regularly purchased
 15  6 by the department, including the cost of purchasing soybean-
 15  7 based inks and plastic garbage can liners with recycled
 15  8 content and the percentages of soybean-based inks and plastic
 15  9 garbage can liners with recycled content that have been
 15 10 purchased.
 15 11    Sec. 32.  Section 310.35, Code 1997, is amended to read as
 15 12 follows:
 15 13    310.35  USE OF FUND.
 15 14    The secondary road research fund shall be used by the
 15 15 department solely for the purpose of financing engineering
 15 16 studies and research projects which have as their objective
 15 17 the more efficient use of funds and materials that are
 15 18 available for the construction and maintenance of secondary
 15 19 roads, including bridges and culverts located thereon on the
 15 20 roads.  The research projects and engineering studies shall be
 15 21 conducted in cooperation with the county engineers.
 15 22    Sec. 33.  Section 312.3A, Code 1997, is amended to read as
 15 23 follows:
 15 24    312.3A  STREET RESEARCH FUND.
 15 25    Prior to the allocation to the cities under section 312.3,
 15 26 subsection 2, the department is authorized to set aside each
 15 27 year two hundred thousand dollars from the street construction
 15 28 fund of the cities in a fund to be known as the street
 15 29 research fund.  The street research fund shall be used by the
 15 30 department solely for the purpose of financing engineering
 15 31 studies and research projects which have as their objective
 15 32 the more efficient use of funds and materials that are
 15 33 available for the construction and maintenance of city
 15 34 streets, including city street bridges and culverts.  The
 15 35 research projects and engineering studies authorized shall be
 16  1 conducted in cooperation with the city engineers.  On or
 16  2 before January 31 each year the department shall file a report
 16  3 with the governor, state transportation commission, city
 16  4 engineers, chief clerk of the house of representatives, and
 16  5 secretary of the senate showing the work accomplished and
 16  6 projects undertaken under this section.
 16  7    Sec. 34.  Section 324A.4, subsection 2, unnumbered
 16  8 paragraph 1, Code 1997, is amended to read as follows:
 16  9    Upon request, the department shall provide assistance to
 16 10 political subdivisions, state agencies, and organizations
 16 11 affected by this chapter for federal aid applications for
 16 12 urban and rural transit system program aid.  The department,
 16 13 in co-operation with the regional planning agencies, shall
 16 14 maintain current information reflecting the amount of federal,
 16 15 state, and local aid received by the public and private
 16 16 nonprofit organizations providing public transit services and
 16 17 the purpose for which the aid is received.  The department
 16 18 shall annually prepare a report to be submitted to the general
 16 19 assembly, the department of management, and to the governor,
 16 20 prior to February 1 of each year, stating the receipts and
 16 21 disbursements made during the preceding fiscal year and the
 16 22 adequacy of programs financed by federal, state, local, and
 16 23 private aid in the state.  The department shall analyze the
 16 24 programs financed and recommend methods of avoiding
 16 25 duplication and increasing the efficacy of programs financed.
 16 26 The department shall receive comments from the department of
 16 27 human services, department of elder affairs, and the officers
 16 28 and agents of the other affected state and local government
 16 29 units relative to the department's analysis.  The department
 16 30 shall use the following criteria to adopt rules to determine
 16 31 compliance with and exceptions to subsection 1:
 16 32    Sec. 35.  Section 455B.262, subsection 1, Code 1997, is
 16 33 amended to read as follows:
 16 34    1.  It is recognized that the protection of life and
 16 35 property from floods, the prevention of damage to lands from
 17  1 floods, and the orderly development, wise use, protection, and
 17  2 conservation of the water resources of the state by their
 17  3 considered and proper use is of paramount importance to the
 17  4 welfare and prosperity of the people of the state, and to
 17  5 realize these objectives, it is the policy of the state to
 17  6 correlate and vest the powers of the state in a single agency,
 17  7 the department, with the duty and authority to assess the
 17  8 water needs of all water users at five-year intervals for the
 17  9 twenty years beginning January 1, 1985, and ending December
 17 10 31, 2004, utilizing a data base database developed and managed
 17 11 by the Iowa geological survey bureau, and to prepare a general
 17 12 plan of water allocation in this state considering the
 17 13 quantity and quality of water resources available in this
 17 14 state designed to meet the specific needs of the water users.
 17 15 The department shall also develop and the department shall
 17 16 adopt no later than June 30, 1986, a plan for delineation of
 17 17 flood plain and floodway boundaries for selected stream
 17 18 reaches in the various river basins of the state.  Selection
 17 19 of the stream reaches and assignment of priorities for mapping
 17 20 of the selected reaches shall be based on consideration of
 17 21 flooding characteristics, the type and extent of existing and
 17 22 anticipated flood plain development in particular stream
 17 23 reaches, and the needs of local governmental bodies for
 17 24 assistance in delineating flood plain and floodway boundaries.
 17 25 The plan of flood plain mapping shall be for the period from
 17 26 June 30, 1986, to December 31, 2004.  After the department
 17 27 adopts a plan of flood plain mapping, the department shall
 17 28 submit a progress report and proposed implementation schedule
 17 29 to the general assembly biennially.  The department may modify
 17 30 the flood plain mapping plan as needed in response to changing
 17 31 circumstances.
 17 32    Sec. 36.  Section 455F.7, subsection 1, Code 1997, is
 17 33 amended to read as follows:
 17 34    1.  A retailer offering for sale or selling a household
 17 35 hazardous material shall have a valid permit for each place of
 18  1 business owned or operated by the retailer for this activity.
 18  2 All permits provided for in this division shall expire on June
 18  3 30 of each year.  Every retailer shall submit an annual
 18  4 application by July 1 of each year and a fee of twenty-five
 18  5 dollars to the department of revenue and finance natural
 18  6 resources for a permit upon a form prescribed by the director
 18  7 of revenue and finance the department of natural resources.
 18  8 Permits are nonrefundable, are based upon an annual operating
 18  9 period, and are not prorated.  A person in violation of this
 18 10 section shall be subject to permit revocation upon notice and
 18 11 hearing.  The department shall remit the fees collected to the
 18 12 household hazardous waste account of the groundwater
 18 13 protection fund.  A person distributing general use pesticides
 18 14 labeled for agricultural or lawn and garden use with gross
 18 15 annual pesticide sales of less than ten thousand dollars is
 18 16 subject to the requirements and fee payment prescribed by this
 18 17 section.
 18 18    Sec. 37.  Section 625.29, subsection 7, Code 1997, is
 18 19 amended by striking the subsection.
 18 20    Sec. 38.  1992 Iowa Acts, chapter 1239, section 16, is
 18 21 amended to read as follows:
 18 22    SEC. 16.  The department of revenue and finance in
 18 23 cooperation with the department of agriculture and land
 18 24 stewardship and the department of natural resources shall
 18 25 track receipts to the general fund which have traditionally
 18 26 been deposited into the following funds:
 18 27    1.  The fertilizer fund created in section 200.9.
 18 28    2.  The pesticide fund created in section 206.12.
 18 29    3.  The dairy trade practices trust fund pursuant to
 18 30 section 192A.30.
 18 31    4.  The milk fund created in section 192.111.
 18 32    5.  The commercial feed fund created in section 198.9.
 18 33    6.  The marine fuel tax fund created in section 324.79.
 18 34    7.  The energy research and development fund provided in
 18 35 section 93.11.
 19  1    The departments designated in this section department shall
 19  2 prepare reports detailing revenue from receipts traditionally
 19  3 deposited into each of the funds.  A report shall be submitted
 19  4 to the legislative fiscal bureau at least once for each three-
 19  5 month period as designated by the legislative fiscal bureau.
 19  6    Sec. 39.  Sections 8.24, 8.25, 19A.4, 19A.6, 19A.7, and
 19  7 310.36, Code 1997, are repealed.  
 19  8                           DIVISION VI
 19  9                ECONOMIC DEVELOPMENT CORPORATION
 19 10    Sec. 40.  Section 15E.153, Code 1997, is amended to read as
 19 11 follows:
 19 12    15E.153  AUTHORIZED CORPORATION.
 19 13    A Wallace technology transfer foundation of Iowa shall be
 19 14 incorporated The department of economic development may
 19 15 organize a corporation under chapter 504A as a successor to
 19 16 the entity incorporated under this section prior to the
 19 17 effective date of this Act.  The foundation corporation shall
 19 18 not be regarded as a state agency, except for purposes of
 19 19 chapter 17A 8D.  A member of the board of directors is not
 19 20 considered a state employee, except for purposes of chapter
 19 21 669.  A natural person employed by the foundation corporation
 19 22 is a state employee for purposes of the Iowa public employees'
 19 23 retirement system, state health and dental plans, and other
 19 24 state employee benefits plans and chapter 669.  Chapters 8,
 19 25 18, 19A, and 20, and other provisions of law that relate to
 19 26 requirements or restrictions dealing with state personnel or
 19 27 state funds, do not apply to the foundation corporation and
 19 28 any employees of the board or the foundation corporation
 19 29 except to the extent provided in this division of this
 19 30 chapter.
 19 31    Sec. 41.  Section 15E.154, Code 1997, is amended by
 19 32 striking the section and inserting in lieu thereof the
 19 33 following:
 19 34    15E.154  ORGANIZATIONAL STRUCTURE.
 19 35    The membership of the board of directors and other matters
 20  1 relating to organization shall be established according to the
 20  2 articles of incorporation and bylaws of the corporation.
 20  3    Sec. 42.  Sections 15E.152, 15E.155, 15E.157, 15E.158,
 20  4 15E.159, 15E.160, 15E.161, 15E.165, and 15E.166, Code 1997,
 20  5 are repealed.
 20  6    Sec. 43.  It is the intent of the general assembly to
 20  7 support the continued existence of a quasi-public, nonprofit
 20  8 corporation similar in structure to the Wallace technology
 20  9 transfer foundation so that such a corporation structure may
 20 10 be used for future economic development purposes by the
 20 11 department of economic development.  The Wallace technology
 20 12 transfer foundation board of directors shall consult with the
 20 13 department of economic development to determine and implement
 20 14 the appropriate modifications to the articles of incorporation
 20 15 and bylaws to carry out the intent and provisions of this
 20 16 division of this Act.
 20 17    Sec. 44.  EFFECTIVE DATE.  This division of this Act, being
 20 18 deemed of immediate importance, takes effect upon enactment.  
 20 19                          DIVISION VII
 20 20                   CRIMINAL HISTORY DATA FUND
 20 21    Sec. 45.  NEW SECTION.  692.2A  CRIMINAL HISTORY DATA CHECK
 20 22 PREPAYMENT FUND.
 20 23    1.  A criminal history data check prepayment fund is
 20 24 created in the state treasury under the control of the
 20 25 department for the purpose of allowing any nonlaw enforcement
 20 26 agency or person to deposit moneys as an advance on fees
 20 27 required to conduct criminal history data checks as provided
 20 28 in section 692.2.
 20 29    2.  The department shall adopt rules governing the fund,
 20 30 including the crediting of deposits made to the fund.  Prepaid
 20 31 fees deposited in the fund are appropriated to the department
 20 32 for use as provided in section 692.2.
 20 33    3.  Interest or earnings on moneys deposited in the fund
 20 34 shall not be credited to the fund or to the agency or person
 20 35 who deposited the money but shall be deposited in the general
 21  1 fund of the state as provided in section 12C.7.
 21  2 Notwithstanding section 8.33, moneys remaining in the criminal
 21  3 history data check prepayment fund at the end of a fiscal year
 21  4 shall not revert to the general fund of the state.  
 21  5                          DIVISION VIII
 21  6                    MISCELLANEOUS PROVISIONS
 21  7    Sec. 46.  NEW SECTION.  217.45  TOBACCO SETTLEMENT FUND.
 21  8    A tobacco settlement fund is created in the state treasury
 21  9 under the control of the department of human services.  After
 21 10 payment of litigation costs, the state portion of any moneys
 21 11 paid to the state by tobacco companies in settlement of the
 21 12 state's lawsuit for recovery of public expenditures associated
 21 13 with tobacco use shall be deposited in the fund.  Moneys
 21 14 deposited in the fund shall be used only as provided by law in
 21 15 appropriations made from the fund for the purposes of reducing
 21 16 the amount of state taxes appropriated for the medical
 21 17 assistance program and for programs to reduce teenage smoking.  
 21 18                           DIVISION IX
 21 19                      TECHNICAL AMENDMENTS
 21 20    Sec. 47.  1997 Iowa Acts, House File 655, section 29, is
 21 21 amended to read as follows:
 21 22    SEC. 29.  On or before June 30, 1998, the board of
 21 23 directors of the Iowa seed capital corporation shall wind up
 21 24 the affairs of the corporation, including termination of
 21 25 staff, dissolution of the corporation, and transfer of
 21 26 remaining assets and liabilities to the Iowa capital
 21 27 investment board pursuant to H.F. 652 722, if enacted.  In the
 21 28 event that the remaining assets and liabilities cannot be
 21 29 transferred to the Iowa capital investment board, the board of
 21 30 directors of the Iowa seed capital corporation shall provide
 21 31 for the orderly liquidation of all assets, settle existing
 21 32 liabilities, and transfer remaining moneys to the general fund
 21 33 of the state.  The joint appropriations subcommittee on
 21 34 economic development supports the implementation of H.F. 652
 21 35 722 relating to the increasing of venture capital in Iowa.
 22  1    Sec. 48.  1997 Iowa Acts, House File 715, section 9,
 22  2 subsection 3, unnumbered paragraph 1, if enacted, is amended
 22  3 to read as follows:
 22  4    For the purposes of this subsection, the term "poverty
 22  5 level" means the poverty level defined by the poverty income
 22  6 guidelines published by the United States department of health
 22  7 and human services.  Effective October July 1, 1997, the
 22  8 department shall increase to 125 percent the maximum federal
 22  9 poverty level used to determine eligibility for state child
 22 10 care assistance.  Based upon the availability of the funding
 22 11 provided in subsection 2 the department shall establish
 22 12 waiting lists for state child care assistance in descending
 22 13 order of prioritization as follows:
 22 14    Sec. 49.  1997 Iowa Acts, Senate File 131, section 1,
 22 15 amending section 239.14, if enacted, is repealed.
 22 16    Sec. 50.  1997 Iowa Acts, Senate File 131, section 2,
 22 17 amending section 239.17, if enacted, is repealed.  
 22 18 HF 731
 22 19 mg/pk/25
     
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