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PAG LIN 1 1 Section 1. Section 8.60, unnumbered paragraph 1, Code 1 2 Supplement 1997, is amended to read as follows: 1 3 Moneys credited to or deposited in the general fund of the 1 4 stateon or afterduring the period beginning July 1, 1993, 1 5 and ending June 30, 1998, which under law were previously 1 6 collected to be used for specific purposes, or to be credited 1 7 to, or be deposited to a particular account or fund shall only 1 8 be used for the purposes for which the moneys were collected, 1 9 including but not limited to moneys collected in accordance 1 10 with any of the following provisions: 1 11 Sec. 2. Section 15E.112, subsection 1, Code 1997, is 1 12 amended to read as follows: 1 13 1. A value-added agricultural products and processes 1 14 financial assistance fund is created within the state treasury 1 15 under the control of the department. The fund shall consist 1 16 of any money appropriated by the general assembly and any 1 17 other moneys available to and obtained or accepted by the 1 18 department from the federal government or private sources for 1 19 placement in the fund. Notwithstanding section 12C.7, 1 20 subsection 2, interest or earnings on moneys in the fund shall 1 21 be credited to the fund. The assets of the fund shall be used 1 22 by the department only for carrying out the purposes of 1 23 section 15E.111. 1 24 Sec. 3. Section 99D.17, Code 1997, is amended to read as 1 25 follows: 1 26 99D.17 PARI-MUTUEL REGULATION FUND – USE OF FUNDS. 1 27 A pari-mutuel regulation fund is created in the state 1 28 treasury under the control of the racing and gaming 1 29 commission.FundsMoneys received pursuant to sections 99D.14 1 30 and 99D.15 shall be deposited in thegeneralpari-mutuel 1 31 regulation fundof the state and shall be subject to the1 32requirements of section 8.60. Thesefundsmoneys shall first 1 33 be used to the extent appropriated by the general assembly. 1 34 The commission is subject to the budget requirements of 1 35 chapter 8 and the applicable auditing requirements and 2 1 procedures of chapter 11. 2 2 Sec. 4. Section 99F.4, subsection 2, Code 1997, is amended 2 3 to read as follows: 2 4 2. To license qualified sponsoring organizations, to 2 5 license the operators of excursion gambling boats, to identify 2 6 occupations within the excursion gambling boat operations 2 7 which require licensing, and to adopt standards for licensing 2 8 the occupations including establishing fees for the 2 9 occupational licenses and licenses for qualified sponsoring 2 10 organizations.The fees shall be paid to the commission and2 11deposited in the general fund of the state.An excursion 2 12 gambling boat special account is created in the state treasury 2 13 under the control of the commission. All revenue received by 2 14 the commission under this chapter from license fees and 2 15 admission fees shall be deposited inthe general fund of the2 16state and shall be subject to the requirements of section 8.602 17 the special account. 2 18 Sec. 5. Section 99F.17, subsection 1, Code 1997, is 2 19 amended to read as follows: 2 20 1. A manufacturer or distributor of gambling games or 2 21 implements of gambling shall annually apply for a license upon 2 22 a form prescribed by the commission before the first day of 2 23 April in each year and shall submit the appropriate license 2 24 fee. An applicant shall provide the necessary information as 2 25 the commission requires. The license fee for a distributor is 2 26 one thousand dollars, and the license fee for a manufacturer 2 27 is two hundred fifty dollars. The license fees shall be 2 28 credited to thegeneral fund of the stateexcursion gambling 2 29 boat special account as provided for in section 99F.4, 2 30 subsection 2. 2 31 Sec. 6. Section 147.82, Code 1997, is amended to read as 2 32 follows: 2 33 147.82 FEES. 2 34 1. A health-related professional license fund is created 2 35 in the state treasury under the control of the department. 3 1 All fees shall be collected by the department and shall be 3 2 paid to the treasurer of state and deposited in thegeneral3 3 fundof the state,except as provided in sections 147.94 and3 4147.102. Moneys deposited in the fund are not subject to 3 5 transfer to the general fund of the state or any other fund 3 6 except as provided by law. 3 7 2. An account shall be established within the fund for 3 8 each examining board. The fees and other charges collected 3 9 under this chapter attributable to each examining board shall 3 10 be credited to the examining board's account. Moneys credited 3 11 to an account are subject to appropriation by the general 3 12 assembly for employee and other costs attributable to the 3 13 examining board for which the account was established. The 3 14 department's administrative costs attributable to the 3 15 examining boards shall be appropriated from the fund. Moneys 3 16 credited to an account are subject to expenditure by warrant 3 17 for expenditures authorized by law and requisitioned by the 3 18 examining board for which the account was established. 3 19 Sec. 7. Section 147.94, subsection 4, Code 1997, is 3 20 amended to read as follows: 3 21 4. All license and renewal fees exacted from persons 3 22 licensed to practice pharmacy shall be paid to and collected 3 23 by the secretary of the pharmacy examiners. The moneys paid 3 24 to and collected shall be credited to the account of the 3 25 health-related professional license fund established for the 3 26 board of pharmacy examiners. 3 27 Sec. 8. Section 147.102, Code 1997, is amended to read as 3 28 follows: 3 29 147.102 PSYCHOLOGISTS, CHIROPRACTORS, AND DENTISTS. 3 30 Notwithstanding the provisions of this subtitle, every 3 31 application for a license to practice psychology, 3 32 chiropractic, or dentistry shall be made directly to the 3 33 chairperson, executive director, or secretary of the examining 3 34 board ofsuchthe profession, and every reciprocal agreement 3 35 for the recognition of any such license issued in another 4 1 state shall be negotiated by the examining board forsuchthe 4 2 profession. All examination, license, and renewal fees 4 3 received from persons licensed to practice any ofsuchthe 4 4 professions shall be paid to and collected by the chairperson, 4 5 executive director, or secretary of the examining board of 4 6suchthe profession, who shall transmit the fees to the 4 7 treasurer of state for deposit into thegeneralhealth-related 4 8 professional license fundof the stateto the credit of the 4 9 examining board's account. The salary of the secretary shall 4 10 be established by the governor with the approval of the 4 11 executive council pursuant to section 19A.9, subsection 2, 4 12 under the pay plan for exempt positions in the executive 4 13 branch of government. 4 14 Sec. 9. Section 192.111, subsection 3, paragraph a, Code 4 15 Supplement 1997, is amended to read as follows: 4 16 a. A milk fund is created in the state treasury under the 4 17 control of the secretary. All moneys in the milk fund are 4 18 subject to audit by the auditor of state. Notwithstanding 4 19 section 8.33, moneys in the milk fund shall not revert to any 4 20 other fund. Notwithstanding section 12C.7, subsection 2, 4 21 interest or earnings on moneys in the fund shall be credited 4 22 to the fund. Fees collected under this section and sections 4 23 192.133, 194.14, 194.19, and 194.20 shall be deposited in the 4 24generalmilk fundof the state. All moneys depositedunder4 25this sectionin the milk fund are appropriated to the 4 26 department for the costs of inspection, sampling, analysis, 4 27 and other expenses necessary for the administration of this 4 28 chapter and chapter 194, and shall be subject to the4 29requirements of section 8.60. 4 30 Sec. 10. Section 192A.30, unnumbered paragraph 2, Code 4 31 1997, is amended to read as follows: 4 32 A dairy trade practices trust fund is created in the state 4 33 treasury under the control of the secretary. Fees paid to the 4 34 secretary shall be deposited into thegeneraltrust fundof4 35the state and shall be subject to the requirements of section5 18.60and are appropriated to the department for the purposes 5 2 of administering and enforcing this chapter. 5 3 Sec. 11. Section 198.9, subsection 3, unnumbered paragraph 5 4 1, Code 1997, is amended to read as follows: 5 5 A commercial feed fund is created in the state treasury 5 6 under the control of the secretary. Fees collected shall be 5 7 deposited in thegeneralcommercial feed fundof the stateand 5 8shall be subject to the requirements of section 8.605 9 appropriated to the department to be used as provided in this 5 10 section. Moneys deposited under this section shall be used 5 11 for the payment of the costs of inspection, sampling, 5 12 analysis, supportive research, and other expenses necessary 5 13 for the administration of this chapter. 5 14 Sec. 12. Section 200.8, subsection 3, Code 1997, is 5 15 amended to read as follows: 5 16 3. If there is an unencumbered balance offunds from the5 17amount of the fees depositedmoneys in thegeneralfertilizer 5 18 fundpursuant to sections 200.9 and 201A.11created in section 5 19 200.9 on June 30 of any fiscal year equal to or exceeding 5 20 three hundred fifty thousand dollars, the secretary of 5 21 agriculture shall reduce the per ton fee provided for in 5 22 subsection 1 and the annual license fee established pursuant 5 23 to section 201A.3 for the next fiscal year in such amount as 5 24 will result in an ending estimated balance of suchfunds5 25 moneys for June 30 of the next fiscal year of three hundred 5 26 fifty thousand dollars. 5 27 Sec. 13. Section 200.9, Code 1997, is amended to read as 5 28 follows: 5 29 200.9 FERTILIZER FEES. 5 30 A fertilizer fund is created in the state treasury under 5 31 the control of the secretary. Fees collected for licenses and 5 32 inspection fees under sections 200.4 and 200.8, with the 5 33 exception of those fees collected for deposit in the 5 34 agriculture management account of the groundwater protection 5 35 fund, shall be deposited in thegeneralfertilizer fundof the6 1state and shall be subject to the requirements of section6 28.60. Moneys depositedunder this section to the generalin 6 3 the fertilizer fundshall be used only byare appropriated to 6 4 the department to be used for the purpose of inspection, 6 5 sampling, analysis, preparation, and publishing of reports and 6 6 other expenses necessary for administration of this chapter. 6 7 The secretary may assign moneys to the Iowa agricultural 6 8 experiment station for research, work projects, and 6 9 investigations as needed for the specific purpose of improving 6 10 the regulatory functions for enforcement of this chapter. 6 11 Sec. 14. Section 201A.11, Code 1997, is amended to read as 6 12 follows: 6 13 201A.11 FEES AND APPROPRIATION. 6 14 Fees collected under this chapter shall be deposited in the 6 15generalfertilizer fundof the state and shall be subject to6 16the requirements of section 8.60created in section 200.9. 6 17 Moneys deposited under this sectiontoin thegeneral6 18 fertilizer fundshallare appropriated to the department to be 6 19 usedonly by the departmentfor the purpose of administering 6 20 and enforcing the provisions of this chapter, including 6 21 inspection, sampling, analysis, and the preparation and 6 22 publishing of reports. 6 23 Sec. 15. Section 206.12, subsection 3, Code 1997, is 6 24 amended to read as follows: 6 25 3. a. The registrant, before selling or offering for sale 6 26 any pesticide for use in this state, shall register each brand 6 27 and grade of such pesticide with the secretary upon forms 6 28 furnished by the secretary, and the secretary shall set the 6 29 registration fee annually at one-fifth of one percent of gross 6 30 sales within this state with a minimum fee of two hundred 6 31 fifty dollars and a maximum fee of three thousand dollars for 6 32 each and every brand and grade to be offered for sale in this 6 33 state except as otherwise provided. The annual registration 6 34 fee for products with gross annual sales in this state of less 6 35 than one million five hundred thousand dollars shall be the 7 1 greater of two hundred fifty dollars or one-fifth of one 7 2 percent of the gross annual sales as established by affidavit 7 3 of the registrant. The secretary shall adopt by rule 7 4 exemptions to the minimum fee. 7 5 b. A pesticide fund is created in the state treasury under 7 6 the control of the secretary. Moneys in the pesticide fund 7 7 are appropriated to the department to be used as provided in 7 8 this paragraph. Fifty dollars of each fee collected shall be 7 9 deposited in thegeneralpesticide fundof the state, shall be7 10subject to the requirements of section 8.60, and. Moneys 7 11 deposited in the pesticide fund shall be used only for the 7 12 purpose of enforcing the provisions of this chapter and the 7 13 remainder of each fee collected shall be placed in the 7 14 agriculture management account of the groundwater protection 7 15 fund. 7 16 Sec. 16. Section 312.2, subsections 13 and 15, Code 1997, 7 17 are amended to read as follows: 7 18 13. The treasurer of state, before making the allotments 7 19 provided for in this section, shall credit annually to the 7 20general fund of the statemotor vehicle fraud account under 7 21 the control of the department of justice from revenues 7 22 credited to the road use tax fund under section 423.24, 7 23 subsection 1, paragraph "d", an amount equal to twenty-five 7 24 cents on each title issuance for motor vehicle fraud law 7 25 enforcement and prosecution purposes including, but not 7 26 limited to, the enforcement of state and federal odometer 7 27 laws.Moneys deposited to the general fund under this7 28subsection are subject to the requirements of section 8.60.7 29 15. The treasurer of state, before making the allotments 7 30 provided for in this section, shall credit monthly from the 7 31 road use tax fund to thegeneralpublic transit assistance 7 32 fundof the statecreated in section 324A.6 from revenue 7 33 credited to the road use tax fund under section 423.24, 7 34 subsection 1, paragraph "d", an amount equal to one-twentieth 7 35 of eighty percent of the revenue from the operation of section 8 1 423.7. 8 2There is appropriated from the general fund of the state8 3for each fiscal year to the state department of transportation8 4the amount of revenues credited to the general fund of the8 5state during the fiscal year under this subsection to be used8 6for purposes of public transit assistance under chapter 324A.8 7 Sec. 17. Section 321.52, subsection 4, paragraph c, Code 8 8 Supplement 1997, is amended to read as follows: 8 9 c. (1) A salvage theft examination shall be made by a 8 10 peace officer who has been specially certified and recertified 8 11 when required by the Iowa law enforcement academy to do 8 12 salvage theft examinations. The Iowa law enforcement academy 8 13 shall determine standards for training and certification, 8 14 conduct training, and may approve alternative training 8 15 programs which satisfy the academy's standards for training 8 16 and certification. 8 17 (2) The owner of the salvage vehicle shall make the 8 18 vehicle available for examination at a time and location 8 19 designated by the peace officer doing the examination. The 8 20 owner may obtain a permit to drive the vehicle to and from the 8 21 examination location by submitting a repair affidavit to the 8 22 agency performing the examination stating that the vehicle is 8 23 reasonably safe for operation and listing the repairs which 8 24 have been made to the vehicle. The owner must be present for 8 25 the examination and have available for inspection the salvage 8 26 title, bills of sale for all essential parts changed, and the 8 27 repair affidavit. The examination shall be for the purposes 8 28 of determining whether the vehicle or repair components have 8 29 been stolen. The examination is not a safety inspection and a 8 30 signed salvage theft examination certificate shall not be 8 31 construed by any court of law to be a certification that the 8 32 vehicle is safe to be operated. There shall be no cause of 8 33 action against the peace officer or the agency conducting the 8 34 examination or the county treasurer for failure to discover or 8 35 note safety defects. 9 1 (3) If the vehicle passes the theft examination, the peace 9 2 officer shall indicate that the vehicle passed examination on 9 3 the salvage theft examination certificate. The permit and 9 4 salvage theft examination certificate shall be on controlled 9 5 forms prescribed and furnished by the department. The owner 9 6 shall pay a fee of thirty dollars upon completion of the 9 7 examination. The agency performing the examinations shall 9 8 retain twenty dollars of the fee and shall pay five dollars of 9 9 the fee to the department and five dollars of the fee to the 9 10 treasurer of state for deposit inthe general fund of the9 11statea motor vehicle fund account created in the state 9 12 treasury under the control of the Iowa law enforcement 9 13 academy. Moneys depositedto the general fund under this9 14paragraph are subject to the requirements of section 8.60 and9 15shall be used byin the motor vehicle fraud account are 9 16 appropriated to the Iowa law enforcement academy to provide 9 17 for the special training, certification, and recertification 9 18 of officers as required by this subsection. 9 19 (4) The state department of transportation shall adopt 9 20 rules in accordance with chapter 17A to carry out this 9 21 section. 9 22 Sec. 18. Section 324A.6, subsection 1, Code 1997, is 9 23 amended to read as follows: 9 24 1. A public transit assistance fund is created in the 9 25 state treasury under the control of the department. Moneys 9 26appropriated for purposes of public transit assistance under9 27this chaptercredited to the fund shall be expended for 9 28 providing assistance to public transit for the development, 9 29 improvement, and maintenance of public transit systems. 9 30 Unencumbered moneys appropriated by the general assembly for 9 31 the implementation of a state assistance plan shall be 9 32 deposited in the fund. Moneys deposited in the fund are not 9 33 subject to the provisions of sections 8.33 and 8.39. Moneys 9 34 received by the department by agreements, grants, gifts, or 9 35 other means from individuals, companies or other business 10 1 entities, or cities and counties for the purposes stated in 10 2 this section shall be credited to thegeneralfundof the10 3state. 10 4Moneys received by the department by agreements, grants,10 5gifts, or other means and deposited into the state general10 6fund as a result of this subsection are appropriated to the10 7department for purposes of this subsection.10 8 Sec. 19. Section 327H.18, Code 1997, is amended to read as 10 9 follows: 10 10 327H.18 RAILROAD ASSISTANCE FUND. 10 11 A railroad assistance fund is created in the state treasury 10 12 under the control of the state department of transportation. 10 13 Moneysprovided to the department for railroad assistance10 14under this chaptercredited to the fund shall be expended for 10 15 providing assistance for the restoration, conservation, 10 16 improvement, and construction of railroad main lines, branch 10 17 lines, switching yards and sidings. Any unencumbered moneys 10 18 appropriated by the general assembly for branch line railroad 10 19 assistance shall be deposited in the fund. However, not more 10 20 than twenty percent of the funds appropriated to the 10 21department forrailroad assistancefrom the generalfundof10 22the statein any fiscal year shall be used for restoration, 10 23 conservation, improvement, and construction of railroad main 10 24 lines, switching yards and sidings. Any moneys received by 10 25 the department by agreements, grants, gifts, or other means 10 26 from individuals, companies, business entities, cities, or 10 27 counties for the purposes of this section shall be credited to 10 28 thegeneralfundof the state. Moneys deposited in the fund 10 29 are not subject to the provisions of sections 8.33 and 8.39. 10 30 Notwithstanding section 12C.7, subsection 2, interest and 10 31 earnings on moneys deposited in the railroad assistance fund 10 32 shall be credited to the fund. Interest and earnings credited 10 33 to the fund may be expended as loans or nonreimbursable 10 34 grants. 10 35Moneys received by or reimbursements made to the department11 1pursuant to this section and sections 327I.7, subsection 14,11 2and 327H.20 shall be deposited into the general fund of the11 3state and all moneys received by the department by agreements,11 4grants, gifts, or other means which were deposited into the11 5state general fund as a result of this section are11 6appropriated for state railroad assistance under this chapter.11 7Moneys deposited into the general fund of the state pursuant11 8to this section are subject to the requirements of section11 98.60.11 10 Sec. 20. Section 327H.20, Code 1997, is amended to read as 11 11 follows: 11 12 327H.20 ASSISTANCE AGREEMENTS. 11 13 1. The department may enter into agreements with railroad 11 14 corporations, the United States government, cities, counties, 11 15 and other persons for carrying out the purposes of this 11 16 chapter. Agreements entered into between the department and 11 17 railroad corporations under this section may require a 11 18 railroad corporation to reimburse all or part of the costs 11 19 paid fromfunds provided by the departmentthe railroad 11 20 assistance fund from revenue derived from all railroad cars 11 21 and traffic using the main line, branch line, switching yard 11 22 or sidings defined in the agreement. An agreement which does 11 23 not require the repayment of railroad assistance funds used 11 24 for rehabilitation projects shall require the railroad 11 25 corporation to establish and maintain a separate corporation 11 26 account to which an amount equal to all or part of the costs 11 27 paid fromfunds provided by the departmentthe railroad 11 28 assistance fund shall be credited from revenue derived from 11 29 all railroad cars and traffic using the main line, branch 11 30 line, switching yard, or siding defined in the agreement. 11 31 Credits to the corporation account by the railroad corporation 11 32 may be used for the restoration, conservation, improvement, 11 33 and construction of the railroad corporation's main line, 11 34 branch lines, switching yards, and sidings within the state. 11 35 The agreement shall stipulate the terms and conditions 12 1 governing the use of credits to the corporation account as 12 2 well as a penalty for the use of the account in a manner other 12 3 than as provided in the agreement. 12 4 2. With the department's approval, a city may appropriate 12 5 money from its general fund to thedepartmentrailroad 12 6 assistance fund. The department may agree to pay partial or 12 7 total reimbursement to a city or county which appropriates 12 8 money to the department. Money appropriated to the department 12 9 from a city or county shall be used only as provided in 12 10 section 327H.18 and within the city or county providing the 12 11 money. 12 12 3. Moneys appropriated to thedepartmentrailroad 12 13 assistance fund by a city, county, or railroad district which 12 14 are unexpended or unobligated following the expiration of an 12 15 agreement shall be repaid to the city, county, or railroad 12 16 district. 12 17 Sec. 21. Section 327I.4, subsection 11, Code 1997, is 12 18 amended to read as follows: 12 19 11. "Pledged receipts" means the revenues and receipts 12 20 received or to be received by the authority from the lease, 12 21 operation or sale or disposition of railway facilities; from 12 22 loan or other agreements relating to financial assistance; 12 23 from grants, gifts or payments on guarantees made to the 12 24 authority by any person; from accrued interest received from 12 25 the sale of obligations; from income from the investment of 12 26 special funds of the authority, including the special railroad 12 27 facility fund; from the revenues and receipts deposited in the 12 28 special railroad facility fund; and from any other moneys 12 29 which are available for the payment of bond service charges. 12 30 Sec. 22. Section 327I.4, Code 1997, is amended by adding 12 31 the following new subsection: 12 32 NEW SUBSECTION. 15. "Special railroad facility fund" 12 33 means the fund created in section 327I.23. 12 34 Sec. 23. Section 327I.7, subsection 14, Code 1997, is 12 35 amended to read as follows: 13 1 14. Extend financial assistance for the purpose of 13 2 providing for project costs. Make interest-free loans for 13 3 rehabilitation of railway tracks, roadbeds, or trestles to 13 4 persons which have repaid in part the original loan from the 13 5 authority which was made for the purpose of the acquisition or 13 6 rehabilitation of railway tracks, roadbeds, or trestles. 13 7 However, an interest-free loan to a person shall not exceed 13 8 the amount repaid of the original loan made to that person and 13 9 one-half of the amount of the interest-free loan repaid to the 13 10 authority shall be credited to thegeneralrailroad assistance 13 11 fundof the statecreated in section 327H.18. 13 12 Sec. 24. Section 327I.7, Code 1997, is amended by adding 13 13 the following new subsections: 13 14 NEW SUBSECTION. 24. Pledge any funds contained in the 13 15 special railroad facility fund to the payment of and as 13 16 security for obligations issued under this chapter. 13 17 NEW SUBSECTION. 25. Invest moneys in the special railroad 13 18 facility fund in general or limited partnership interests in a 13 19 partnership formed to purchase, renovate, and operate a 13 20 railway facility. 13 21 Sec. 25. Section 327I.9, unnumbered paragraph 1, Code 13 22 1997, is amended to read as follows: 13 23 Except as provided in this chapter, all obligations are 13 24 payable solely out of the pledged receipts as designated in 13 25 the bond proceedings. Tax funds which the authority receives 13 26 from a political subdivision of the state shall not be pledged 13 27 for payment of the obligations. Except for those tax funds 13 28 deposited in thegeneralspecial railroad facility fundof the13 29stateas provided in section 327I.23, subsection 2, or other 13 30 tax funds available pursuant to section 327I.26, the state 13 31 shall not appropriate tax funds, directly or indirectly, to 13 32 the authority for the purpose of payment of obligations of the 13 33 authority. Obligations shall be authorized by resolution of 13 34 the board and bond proceedings shall provide for the purpose 13 35 of the obligations, the principal amount, the principal 14 1 maturity or maturities, not exceeding twenty-five years from 14 2 the date of issuance, the interest rate or rates or the 14 3 maximum interest rate, the date of the obligations and the 14 4 dates of payment of interest on them, their denomination, and 14 5 the establishment within or without the state of a place or 14 6 places of payment of bond service charges. As much as is 14 7 practicable within the legal and fiscal limitations inherent 14 8 in bond issuance, a portion of the bonds shall be issued in 14 9 denominations of five thousand dollars and smaller, in order 14 10 to allow smaller investors in the state to purchase the bonds. 14 11 Sec. 26. Section 327I.12, Code 1997, is amended to read as 14 12 follows: 14 13 327I.12 PAYMENT OF OBLIGATIONS – NONLIABILITY OF STATE. 14 14 Obligations issued under this chapter, and judgments based 14 15 on contract or tort arising from the activities of the 14 16 authority or persons acting on its behalf, are not a debt or 14 17 liability of the state or of any political subdivision within 14 18 the meaning of any constitutional or statutory debt limitation 14 19 and are not a pledge of the state's credit or taxing power 14 20 within the meaning of any constitutional or statutory 14 21 limitation or provision and no appropriation shall be made, 14 22 directly or indirectly, by the state or any political 14 23 subdivision of the state for the payment of the obligations or 14 24 judgments or to fund any deficiency in any special funds, or 14 25 for the indemnification of a person subject to a judgment 14 26 arising from that person's actions on the authority's behalf. 14 27 These obligations and judgments are special obligations of the 14 28 authority payable solelyand onlyfrom the sources and special 14 29 funds provided in this chapter. Funds from the general fund 14 30 of the state shall not be used to pay interest or principal on 14 31 obligations of the authority in the event that receipts from 14 32 the taxesavailabledesignated for deposit in the special 14 33 railroad facility fund, as provided in section 327I.23, 14 34 subsection 2, and section 327I.26, are insufficient. 14 35 Sec. 27. Section 327I.23, subsections 1 and 2, Code 1997, 15 1 are amended to read as follows: 15 2 1.Moneys available, by appropriation or otherwise, to the15 3authority for purposes of this chapterA special railroad 15 4 facility fund is created in the state treasury. This fund 15 5 shall include the moneys which by law may be credited to the 15 6 special railroad facility fund. The moneys in the special 15 7 railroad facility fund are appropriated to and for the 15 8 purposes of the authority as provided in this chapter. The 15 9 moneys in the special railroad facility fund shall not be 15 10 considered as a part of the general fund of the state, are not 15 11 subject to appropriation for any other purpose by the general 15 12 assembly, and in determining a general fund balance shall not 15 13 be included in the general fund of the state but shall remain 15 14 in the special railroad facility fund to be used for the 15 15 purposes set forth in this section. The treasurer of state 15 16 shall act as custodian of the fund and disburse amounts 15 17 contained in the fund as directed by the authority. The 15 18 treasurer of state is authorized to invest the moneys 15 19 deposited in the special railroad facility fund at the 15 20 direction of the authority and subject to any limitations 15 21 contained in the bond proceedings. Notwithstanding section 15 22 12C.7, subsection 2, interest or earnings on moneys deposited 15 23 in the special railroad facility fund shall be credited to the 15 24 fund. The fund shall be administered by the authority and may 15 25 be used to purchase or upgrade railroad right-of-way and 15 26 trackage facilities or to purchase general or limited 15 27 partnership interests in a partnership formed to purchase, 15 28 upgrade, or operate railroad right-of-way and trackage 15 29 facilities, to pay or secure obligations issued by the 15 30 authority, to pay obligations, judgments, or debts for which 15 31 the authority becomes liable in its capacity as a general 15 32 partner, or for any other use authorized under this chapter. 15 33 Themoneysfund may also be used to purchase or upgrade 15 34 railroad right-of-way and trackage facilities for the 15 35 development of railroad passenger tourism. 16 1 2. Moneys received from repayment from heartland rail 16 2 corporation as provided in 1983 Iowa Acts, chapter 198, 16 3 section 32, as amended by 1987 Iowa Acts, chapter 232, section 16 4 28, and 1988 Iowa Acts, chapter 1211, section 6, shall be 16 5 deposited in a separate account within thegeneral fund of the16 6state and are appropriated to the authority tospecial 16 7 railroad facility fund and shall be used by the authority only 16 8 for debt service or rehabilitation on branch rail lines whose 16 9 total projected traffic is at least fifty percent agricultural 16 10 products. 16 11 Sec. 28. Section 327I.25, unnumbered paragraph 1, Code 16 12 1997, is amended to read as follows: 16 13 The authority shall certify to the treasurer of state 16 14 amounts of money necessary for payment of principal and 16 15 interest by the authority on obligations issued on or after 16 16 July 1, 1988, or to make payments on leases guaranteed by the 16 17 authority on or after July 1, 1988. However, certification 16 18 shall only be made under this section when there are 16 19 insufficient moneys available to the authority for the payment 16 20 ofsuchthe principal and interest or the payment ofsuchthe 16 21 leases from moneys credited to the special railroad facility 16 22 fund or other sources available to the authority. 16 23 Sec. 29. Section 327I.26, Code 1997, is amended to read as 16 24 follows: 16 25 327I.26 APPROPRIATION TO AUTHORITY. 16 26 Notwithstanding section 423.24 and prior to the application 16 27 of section 423.24, subsection 1, paragraph "d", thereshall be16 28deposited into the general fund of the state andis 16 29 appropriated to the authority from eighty percent of the 16 30 revenues derived from the operation of section 423.7 the 16 31 amounts certified by the authority under section 327I.25. 16 32 However, the total amountdeposited into the general fund and16 33appropriatedcredited to the Iowa railway finance authority 16 34 under this section shall not exceed two million dollars 16 35 annually. Moneysappropriatedcredited to the Iowa railway 17 1 finance authority under this section are appropriated only for 17 2 the payment of principal and interest on obligations or the 17 3 payment of leases guaranteed by the authority as provided 17 4 under section 327I.25. 17 5 Sec. 30. Section 328.12, subsection 1, Code 1997, is 17 6 amended to read as follows: 17 7 1. PROMOTION OF AERONAUTICS. Encourage, foster, and 17 8 assist in the general development and promotion of aeronautics 17 9 in this state, and make disbursements frommoneys available17 10 the state aviation fund created in section 328.36 for such 17 11 purposes. 17 12 Sec. 31. Section 328.24, Code 1997, is amended to read as 17 13 follows: 17 14 328.24 REFUNDS OF FEES. 17 15 1. If, during the year for which an aircraft, except 17 16 nonresident aircraft used for the application of herbicides 17 17 and pesticides, was registered and the required fee paid the 17 18 aircraft is destroyed by fire or accident or junked, and its 17 19 identity as an aircraft entirely eliminated, or it is removed 17 20 and continuously used beyond the boundaries of the state, then 17 21 the owner in whose name it was registered at the time of 17 22 destruction, dismantling, or removal from the state shall 17 23 return the certificate of registration to the department 17 24 within ten days and make affidavit of the destruction, 17 25 dismantling, or removal and make claim for the refund. The 17 26 refund shall be paid from thegeneralstate aviation fundof17 27the statepursuant to section 328.36. 17 28 2. The registration fee for the unexpired portion of the 17 29 year shall be refunded pro rata to the nearest full calendar 17 30 month, except that a refund shall not be allowed if the unused 17 31 portion of the fee is less than thirty-five dollars per 17 32 aircraft. 17 33 Sec. 32. Section 328.36, Code 1997, is amended by striking 17 34 the section and inserting in lieu thereof the following: 17 35 328.36 STATE AVIATION FUND. 18 1 A state aviation fund is created in the state treasury 18 2 under the control of the department. All moneys received by 18 3 the department pursuant to section 328.21 or other sections of 18 4 this chapter and those moneys remaining after the cost of 18 5 administering the aviation fuel tax fund as provided in 18 6 section 452A.82 shall be deposited into the state aviation 18 7 fund. Notwithstanding section 12C.7, subsection 2, interest 18 8 or earnings on moneys deposited in the state aviation fund 18 9 shall be credited to the fund. 18 10 Sec. 33. Section 452A.79, unnumbered paragraph 2, Code 18 11 1997, is amended to read as follows: 18 12 A marine fuel tax fund is created in the state treasury 18 13 under the control of the department. All moneys derived from 18 14 the excise tax on the sale of motor fuel used in watercraft 18 15 shall be deposited in thegeneralmarine fuel tax fundof the18 16state. Moneysdeposited to the general fund under this18 17section and section 452A.84 are subject to the requirements of18 18section 8.60 andin the fund are subject to appropriation by 18 19 the general assembly to the department of natural resources 18 20 for use in its recreational boating program, which may include 18 21 but is not limited to: 18 22 Sec. 34. Section 452A.82, Code 1997, is amended to read as 18 23 follows: 18 24 452A.82 AVIATION FUEL TAX FUND. 18 25 An aviation fuel tax fund is created in the state treasury 18 26 under the control of the department. The portion of the 18 27 moneys collected under this chapter received on account of 18 28 aviation gasoline and special fuel used in aircraft shall be 18 29 deposited ina separate fund to be maintained by the treasurer18 30 the aviation fuel tax fund. All moneys remaining in the 18 31separateaviation fuel tax fund after the cost of 18 32 administering the fund has been paid shall be credited to the 18 33generalstate aviation fundof the state. 18 34 Sec. 35. Section 452A.84, Code 1997, is amended to read as 18 35 follows: 19 1 452A.84 TRANSFER TOSTATE GENERALMARINE FUEL TAX FUND. 19 2 The treasurer of state shall transfer from the motor fuel 19 3 tax fund to thegeneral fund of the statemarine fuel tax fund 19 4 created in section 452A.79 that portion of moneys collected 19 5 under this chapter attributable to motor fuel used in 19 6 watercraft computed as follows: 19 7 1. Determine monthly the total amount of motor fuel tax 19 8 collected under this chapter and multiply the amount by nine- 19 9 tenths of one percent. 19 10 2. Subtract from the figure computed pursuant to 19 11 subsection 1 of this section three percent of the figure for 19 12 administrative costs and further subtract from the figure the 19 13 amounts refunded to commercial fishers pursuant to section 19 14 452A.17, subsection 1, paragraph "a", subparagraph (7). All 19 15 moneys remaining after claims for refund and the cost of 19 16 administration have been made shall be transferred to the 19 17generalmarine fuel tax fundof the state. 19 18 Sec. 36. Section 456A.17, Code 1997, unnumbered paragraph 19 19 1, Code 1997, is amended to read as follows: 19 20 The followingfourfunds are created in the state treasury: 19 21 Sec. 37. Section 456A.17, Code 1977, is amended by adding 19 22 the following new subsection: 19 23 NEW SUBSECTION. 5. A public outdoor recreation and 19 24 resources fund. 19 25 Sec. 38. Section 456A.17, unnumbered paragraphs 2 and 3, 19 26 Code 1997, are amended to read as follows: 19 27 The state fish and game protection fund, except as 19 28 otherwise provided, consists of all moneys accruing from 19 29 license fees and all other sources of revenue arising under 19 30 the fish and wildlife division. Notwithstanding section 19 31 12C.7, subsection 2, interest or earnings on investments or 19 32 time deposits of the moneys in the state fish and game 19 33 protection fund and the public outdoor recreation and 19 34 resources fund shall be credited tothat fundthose funds 19 35 respectively. 20 1 The public outdoor recreation and resources fund and the 20 2 county conservation board fundconsistsconsist of all moneys 20 3 credited toitthe funds by law or appropriated toitthe 20 4 funds by the general assembly. 20 5 Sec. 39. Section 461A.79, Code 1997, is amended to read as 20 6 follows: 20 7 461A.79 PUBLIC OUTDOOR RECREATION AND RESOURCES FUND. 20 8 1. Fifty percent of thefunds appropriated for purposes of20 9this section formoneys credited to the public outdoor 20 10 recreation and resources fund shall be expended on land 20 11 acquisition and capital improvements in carrying out this 20 12 chapter. Acquisition projects, both fee-simple and less-than- 20 13 fee, from willing sellers, may be for purposes of 20 14 establishment or expansion of state parks, public hunting 20 15 areas, natural areas, public fishing areas, water access 20 16 sites, trail corridors, and other acquisition projects that 20 17 are in accord with this chapter. Notwithstanding the 20 18 exemption provided by section 427.1, land acquired under this 20 19 subsection is subject to the full consolidated levy of 20 20 property taxes which shall be paid from revenues available to 20 21 be expended under this subsection. Capital improvements may 20 22 be either new developments or rehabilitative in nature. Lake 20 23 and watershed restoration projects are eligible for funding 20 24 under this subsection. Not more than fifty percent of the 20 25revenuesmoneys available to be expended under this subsection 20 26 may be used by the commission to enter into agreements with 20 27 county conservation boards and county boards of supervisors in 20 28 those counties without conservation boards to carry out the 20 29 purposes of this subsection. The agreement shall not provide 20 30 for the payment by the commission of more than seventy-five 20 31 percent of the cost of the project and the agreement shall 20 32 specify that the county conservation board or county board of 20 33 supervisors, whichever is applicable, shall provide funds for 20 34 the remaining cost of the project covered by the agreement. 20 35 Moneys available to be expended under this subsection may be 21 1 used for the matching of federal funds. 21 2 2. Forty-five percent of thefunds appropriated for21 3purposes of this section formoneys credited to the public 21 4 outdoor recreation and resources fund shall be expended on the 21 5 state recreation tourism grant program. This program shall 21 6 provide matching grants to cities and unincorporated 21 7 communities for purposes of developing or improving 21 8 recreational projects or tourist attractions. A city or 21 9 unincorporated community may submit an application to the 21 10 commission for a matching grant, except that an unincorporated 21 11 community shall submit the application through the county 21 12 board of supervisors. Applications shall be reviewed by the 21 13 advisory council for the public outdoor recreation and 21 14 resources fund. The advisory council shall submit 21 15 recommendations to the commission regarding possible 21 16 recipients and grant amounts. Grants made to an 21 17 unincorporated community shall be paid to the county board of 21 18 supervisors to be used for the project of the unincorporated 21 19 community. The amount of the grant shall not exceed fifty 21 20 percent of the cost of the development or improvement to be 21 21 made and the application must demonstrate that the city or 21 22 unincorporated community will provide the required matching 21 23 funds. 21 24 3. Five percent of thefunds appropriated for purposes of21 25this section formoneys credited to the public outdoor 21 26 recreation and resources fund shall be expended on advertising 21 27 which shall promote the use of recreational facilities and 21 28 tourist attractions in the state. The commission shall enter 21 29 into an agreement with the Iowa department of economic 21 30 development for the expenditure of these funds for this 21 31 purpose. 21 324. Moneys available to be expended for purposes of this21 33section for public outdoor recreation and resources shall be21 34credited to or deposited to the general fund of the state and21 35appropriations made for purposes of this section shall be22 1allocated as provided in this section. Moneys credited to or22 2deposited to the general fund of the state pursuant to this22 3subsection are subject to the requirements of section 8.60.22 4 Sec. 40. Section 461A.80, subsections 1 and 2, Code 1997, 22 5 are amended to read as follows: 22 6 1. An advisory council for the public outdoor recreation 22 7 and resourcesappropriations made for the purposes of section22 8461A.79fund is created. The council shall consist of a 22 9 public member appointed by the governor from each 22 10 congressional district, the chairperson of the commission, the 22 11 director, and a designee of the Iowa department of economic 22 12 development. No more than three public members shall belong 22 13 to the same political party. The council shall elect a 22 14 chairperson annually from among the council's members, and the 22 15 director shall serve as council secretary. Persons already 22 16 serving in an elected or appointed governmental capacity are 22 17 not eligible to serve as council members. 22 18 2. The advisory council shall meet annually, in July, and 22 19 upon the call of the chairperson of the advisory council. The 22 20 advisory council shall make policy recommendations to the 22 21 commission regarding the projects and programs to be funded 22 22 fromfunds available forthe public outdoor recreation and 22 23 resourcesfrom appropriations made for the purposes of section22 24461A.79fund. 22 25 Sec. 41. Section 473.11, subsection 1, paragraph f, Code 22 26 1997, is amended to read as follows: 22 27 f. The moneys deposited under section 473.16 in the 22 28generalenergy research and development fundof the state22 29 shall be used for research and development of selected 22 30 projects to improve Iowa's energy independence by developing 22 31 improved methods of energy efficiency, or by increased 22 32 development and use of Iowa's renewable nonresource-depleting 22 33 energy resources. The moneys credited to thegeneralfundof22 34the stateunder section 556.18, subsection 3, shall be used 22 35 for energy conservation and alternative energy resource 23 1 projects. The projects shall be selected by the director and 23 2 administered by the department. Selection criteria for funded 23 3 projects shall include consideration of indirect restitution 23 4 to those persons in the state in the utility customer classes 23 5 and the utility service territories affected by unclaimed 23 6 utility refunds or deposits. 23 7Moneys deposited into the general fund of the state under23 8sections 473.16, 476.51, and 556.18, subsection 3, are subject23 9to the requirements of section 8.60.23 10 Sec. 42. Section 473.16, Code 1997, is amended to read as 23 11 follows: 23 12 473.16 ENERGY RESEARCH AND DEVELOPMENT FUND – ADDITIONAL 23 13 FUNDS. 23 14 An energy research and development fund is created in the 23 15 state treasury under the control of the department. The 23 16 department may acceptfundsmoneys from state and local 23 17 sources and shall take steps necessary to obtain federal funds 23 18 allotted and appropriated for the purpose of the above 23 19 described energy-related programs. Thesefundsmoneys shall 23 20 be deposited in thegeneralenergy research and development 23 21 fundof the state and shall be subject to the requirements of23 22section 8.60. Federalfundsmoneys received under the 23 23 provisions of this section are appropriated for the purposes 23 24 set forth in the federal grants. 23 25 Sec. 43. Section 475A.3, subsection 3, Code 1997, is 23 26 amended to read as follows: 23 27 3. SALARIES, EXPENSES, AND APPROPRIATION. The salary of 23 28 the consumer advocate shall be fixed by the attorney general 23 29 within the salary range set by the general assembly. The 23 30 salaries of employees of the consumer advocate shall be at 23 31 rates of compensation consistent with current standards in 23 32 industry. The reimbursement of expenses for the employees and 23 33 the consumer advocate is as provided by law. The 23 34 appropriation for the office of consumer advocate shall be a 23 35 separate line item contained in the appropriation from the 24 1generalutilities trust fundof the statecreated in section 24 2 476.10. 24 3 Sec. 44. Section 476.10, unnumbered paragraph 5, Code 24 4 1997, is amended by striking the paragraph and inserting in 24 5 lieu thereof the following: 24 6 Fees paid to the utilities division shall be deposited in a 24 7 utilities trust fund. The treasurer of state shall hold these 24 8 moneys in an account that shall be established in the names of 24 9 the administrator of the utilities division and the consumer 24 10 advocate for the payment, upon appropriation by the general 24 11 assembly, of the expenses of the utilities division and the 24 12 consumer advocate division of the department of justice. This 24 13 fund is subject at all times to the warrant of the director of 24 14 revenue and finance, drawn upon written requisition of the 24 15 administrator of the utilities division, the administrator's 24 16 designated representative, the consumer advocate, or the 24 17 consumer advocate's designated representative for the payment 24 18 of all salaries and other expenses necessary to carry out the 24 19 duties of the utilities division or the consumer advocate 24 20 division. Subject to this section, the utilities division or 24 21 the consumer advocate division may keep on hand with the 24 22 treasurer of state moneys in excess of the current needs of 24 23 the utilities division or the consumer advocate division. 24 24 Transfers shall not be made from the general fund of the state 24 25 or any other fund for the payment of the expenses of the 24 26 divisions. No part of the moneys held by the treasurer of 24 27 state for the account shall be transferred to the general fund 24 28 of the state or any other fund. The moneys held by the 24 29 treasurer of state for the account shall be invested by the 24 30 treasurer of state and the income derived from these 24 31 investments shall be credited to the general fund of the 24 32 state. The authority to modify allotments provided in section 24 33 8.31 shall not apply to moneys appropriated from the fund 24 34 created in this section. 24 35 Sec. 45. Section 476.10, Code 1997, is amended by adding 25 1 the following new unnumbered paragraph after unnumbered 25 2 paragraph 5: 25 3 NEW UNNUMBERED PARAGRAPH. The utilities division shall 25 4 transfer at the beginning of each fiscal quarter from 25 5 appropriated trust funds to the administrative services trust 25 6 fund an amount which represents the division's share of the 25 7 estimated cost of consolidated administrative services within 25 8 the department of commerce, such share to be in the same 25 9 proportion as established by agreement in the fiscal year 25 10 beginning July 1, 1986, and ending June 30, 1987, with the 25 11 first quarterly transfer to occur between July 1, and July 31 25 12 annually. At the close of the fiscal year, actual versus 25 13 estimated expenditures shall be reconciled and any overpayment 25 14 shall be returned to the division or any underpayment shall be 25 15 paid by the division. 25 16 Sec. 46. Section 476.10, unnumbered paragraph 7, Code 25 17 1997, is amended by striking the unnumbered paragraph. 25 18 Sec. 47. Section 476.51, unnumbered paragraph 5, Code 25 19 1997, is amended to read as follows: 25 20 Civil penalties collected pursuant to this section shall be 25 21 forwarded by the executive secretary of the board to the 25 22 treasurer of state to be credited to thegeneralenergy 25 23 research and development fundof the stateand to be used only 25 24 for the low income home energy assistance program and the 25 25 weatherization assistance program administered by the division 25 26 of community action agencies of the department of human 25 27 rights. Penalties paid by a rate-regulated public utility 25 28 pursuant to this section shall be excluded from the utility's 25 29 costs when determining the utility's revenue requirement, and 25 30 shall not be included either directly or indirectly in the 25 31 utility's rates or charges to customers. 25 32 Sec. 48. Section 478.4, Code 1997, is amended to read as 25 33 follows: 25 34 478.4 FRANCHISE – HEARING. 25 35 The utilities board shall consider the petition and any 26 1 objections filed to it in the manner provided. It shall 26 2 examine the proposed route or cause any engineer selected by 26 3 it to do so. If a hearing is held on the petition it may hear 26 4 testimony as may aid it in determining the propriety of 26 5 granting the franchise. It may grant the franchise in whole 26 6 or in part upon the terms, conditions, and restrictions, and 26 7 with the modifications as to location and route as may seem to 26 8 it just and proper. Before granting the franchise, the 26 9 utilities board shall make a finding that the proposed line or 26 10 lines are necessary to serve a public use and represents a 26 11 reasonable relationship to an overall plan of transmitting 26 12 electricity in the public interest. A franchise shall not 26 13 become effective until the petitioners shall pay, or file an 26 14 agreement to pay, all costs and expenses of the franchise 26 15 proceeding, whether or not objections are filed, including 26 16 costs of inspections or examinations of the route, hearing, 26 17 salaries, publishing of notice, and any other expenses 26 18 reasonably attributable to it. The funds received for the 26 19 costs and the expenses of the franchise proceeding shall be 26 20 remitted to the treasurer of state for deposit in thegeneral26 21 utilities trust fundof the state as providedcreated in 26 22 section 476.10. 26 23 Sec. 49. Section 479.16, Code 1997, is amended to read as 26 24 follows: 26 25 479.16 RECEIPT OF FUNDS. 26 26 All moneys received under this chapter shall be remitted 26 27 monthly to the treasurer of state and credited to thegeneral26 28 utilities trust fundof the state as providedcreated in 26 29 section 476.10. 26 30 Sec. 50. Section 479A.9, Code 1997, is amended to read as 26 31 follows: 26 32 479A.9 DEPOSIT OF FUNDS. 26 33 Except as otherwise provided in section 479A.14, subsection 26 34 8, moneys received under this chapter shall be credited to the 26 35generalutilities trust fundof the state as providedcreated 27 1 in section 476.10. 27 2 Sec. 51. Section 524.207, Code 1997, is amended by 27 3 striking the section and inserting in lieu thereof the 27 4 following: 27 5 524.207 EXPENSES OF THE BANKING DIVISION – FEES. 27 6 1. A banking revolving fund is established in the state 27 7 treasury under the control of the superintendent. All 27 8 expenses required in the discharge of the duties and 27 9 responsibilities imposed upon the banking division of the 27 10 department of commerce, the superintendent, and the state 27 11 banking board by the laws of this state shall be paid from 27 12 fees provided by the laws of this state and appropriated by 27 13 the general assembly from the banking revolving fund. All of 27 14 these fees are payable to the superintendent. The 27 15 superintendent shall pay all the fees and other money received 27 16 by the superintendent to the treasurer of state within the 27 17 time required by section 12.10. This fund is subject to the 27 18 warrant of the department of revenue and finance, drawn upon 27 19 written requisition of the superintendent or the 27 20 superintendent's designated representative, for the payment of 27 21 all salaries and other expenses necessary to carry out the 27 22 duties of the banking division of the department of commerce. 27 23 The superintendent may keep on hand with the treasurer of 27 24 state moneys in excess of the current needs of the division to 27 25 the extent approved by the state banking board. Transfers 27 26 shall not be made from the general fund of the state or any 27 27 other fund for the payment of the expenses of the division. 27 28 The moneys held by the treasurer of state for the account of 27 29 the superintendent shall not be transferred to the general 27 30 fund of the state or any other fund, except that sixty 27 31 thousand dollars each fiscal year shall be transferred to the 27 32 general fund of the state. That amount shall be considered as 27 33 one of the costs of the division. The moneys held by the 27 34 treasurer of state for the account of the superintendent shall 27 35 be invested by the treasurer of state and the income derived 28 1 from these investments shall be credited to the general fund 28 2 of the state. 28 3 2. The authority to modify allotments provided in section 28 4 8.31 shall not apply to funds appropriated from the fund 28 5 created in this section and held for the superintendent. 28 6 3. The superintendent shall account for receipts and 28 7 disbursements according to the separate duties imposed upon 28 8 the superintendent by the laws of this state and each separate 28 9 duty shall be fiscally self-sustaining. 28 10 4. The banking division shall transfer at the beginning of 28 11 each fiscal quarter from appropriated moneys in the banking 28 12 revolving fund to the administrative services trust fund an 28 13 amount which represents the division's share of the estimated 28 14 cost of consolidated administrative services within the 28 15 department of commerce, such share to be in the same 28 16 proportion as established by agreement in the fiscal year 28 17 beginning July 1, 1986, and ending June 30, 1987, with the 28 18 first quarterly transfer to occur between July 1, and July 31 28 19 annually. At the close of the fiscal year, actual versus 28 20 estimated expenditures shall be reconciled and any overpayment 28 21 shall be returned to the division or any underpayment shall be 28 22 paid by the division. 28 23 5. The banking division may expend additional moneys, 28 24 including moneys for additional personnel, if the additional 28 25 expenditures are actual expenses which exceed the moneys 28 26 budgeted for bank examinations and directly result from 28 27 examinations of banks. Before the division expends or 28 28 encumbers an amount in excess of the amount budgeted for 28 29 examinations, the director of the department of management 28 30 shall approve the expenditure or encumbrance. Before approval 28 31 is given, the director of the department of management shall 28 32 determine that the examination expenses exceed the amount 28 33 budgeted by the general assembly to the division and that the 28 34 division does not have other moneys from which examination 28 35 expenses can be paid. Upon approval of the director of the 29 1 department of management, the division may expend and encumber 29 2 funds for excess examination expenses. The amounts necessary 29 3 to fund the excess examination expenses shall be collected 29 4 from those banks being regulated which caused the excess 29 5 expenditures, and the collections shall be treated as 29 6 repayment receipts as defined in section 8.2. 29 7 Sec. 52. Section 533.67, Code 1997, is amended by striking 29 8 the section and inserting in lieu thereof the following: 29 9 533.67 EXPENSES OF THE CREDIT UNION DIVISION – FEES. 29 10 1. A credit union revolving fund is created in the office 29 11 of the treasurer of state under the authority of the 29 12 superintendent for the payment of the expenses of the 29 13 division. All expenses required in the discharge of duties 29 14 and responsibilities imposed upon the credit union division, 29 15 the superintendent, and the credit union review board by the 29 16 laws of this state shall be paid from fees provided by the 29 17 laws of this state and appropriated by the general assembly 29 18 from the revolving fund. All of these fees are payable to the 29 19 superintendent. The superintendent shall pay all the fees and 29 20 other money received by the superintendent to the treasurer of 29 21 state for deposit in the revolving fund within the time 29 22 required by section 12.10. The revolving fund is subject to 29 23 the warrant of the department of revenue and finance, drawn 29 24 upon written requisition of the superintendent or the 29 25 superintendent's designated representative, for the payment of 29 26 all salaries and other expenses necessary to carry out the 29 27 duties of the division. The superintendent may keep on hand 29 28 with the treasurer of state funds in excess of the current 29 29 needs of the division to the extent approved by the credit 29 30 union review board. A transfer shall not be made from the 29 31 general fund of the state or any other fund for the payment of 29 32 the expenses of the division. The moneys in the revolving 29 33 fund shall not be transferred to the general fund of the state 29 34 or any other fund, except thirty thousand dollars each fiscal 29 35 year shall be transferred to the general fund of the state. 30 1 The amount shall be considered as one of the costs of the 30 2 division. The funds held by the treasurer of state for the 30 3 account of the superintendent shall be invested by the 30 4 treasurer of state and the income derived from these 30 5 investments shall be credited to the general fund of the 30 6 state. 30 7 2. The authority to modify allotments provided in section 30 8 8.31 shall not apply to funds appropriated from the fund 30 9 created in this section and held for the superintendent. 30 10 3. The superintendent shall account for receipts and 30 11 disbursements according to the separate duties imposed upon 30 12 the superintendent by the laws of this state and each separate 30 13 duty shall be fiscally self-sustaining. 30 14 4. The credit union division shall transfer at the 30 15 beginning of each fiscal quarter from appropriated trust funds 30 16 to the administrative services trust fund an amount which 30 17 represents the division's share of the estimated cost of 30 18 consolidated administrative services within the department of 30 19 commerce, such share to be in the same proportion as 30 20 established by agreement in the fiscal year beginning July 1, 30 21 1986, and ending June 30, 1987, with the first quarterly 30 22 transfer to occur between July 1 and July 31 annually. At the 30 23 close of the fiscal year, actual versus estimated expenditures 30 24 shall be reconciled and any overpayment shall be returned to 30 25 the division or any underpayment shall be paid by the 30 26 division. 30 27 5. The credit union division may expend additional funds, 30 28 including funds for additional personnel, if the additional 30 29 expenditures are actual expenses which exceed the funds 30 30 budgeted for credit union examinations and directly result 30 31 from examinations of credit unions. Before the division 30 32 expends or encumbers an amount in excess of the funds budgeted 30 33 for examinations, the director of the department of management 30 34 shall approve the expenditure or encumbrance. Before approval 30 35 is given, the director of the department of management shall 31 1 determine the examination exceeds the funds budgeted by the 31 2 general assembly to the division and that the division does 31 3 not have other funds from which examination expenses can be 31 4 paid. Upon approval of the director of the department of 31 5 management, the division may expend and encumber funds for 31 6 excess examinations expenses. The amounts necessary to fund 31 7 the excess examination expenses shall be collected from those 31 8 credit unions being regulated which caused the excess 31 9 expenditures, and the collections shall be treated as 31 10 repayment receipts as defined in section 8.2. 31 11 6. The division may accept reimbursement of expenses 31 12 related to the examination of a credit union from the national 31 13 credit union administration or any other share guarantor or 31 14 insurance plan authorized by this chapter. 31 15 Sec. 53. Section 542B.12, Code 1997, is amended to read as 31 16 follows: 31 17 542B.12 DISPOSITION OF FEES. 31 18 The staff shall collect and account for all fees provided 31 19 for by this chapter and pay the fees to the treasurer of state 31 20 who shall deposit the fees in thegeneralprofessional 31 21 licensing revolving fundof the statecreated in section 31 22 546.10, subsection 5. 31 23 Sec. 54. Section 542C.3, subsection 3, unnumbered 31 24 paragraph 1, Code Supplement 1997, is amended to read as 31 25 follows: 31 26 All fees and other moneys received by the board, pursuant 31 27 to this chapter, shall be paid monthly to the treasurer of 31 28 state for deposit in thegeneralprofessional licensing 31 29 revolving fundof the statecreated in section 546.10, 31 30 subsection 5. 31 31 Sec. 55. Section 543B.14, Code 1997, is amended to read as 31 32 follows: 31 33 543B.14 FEES AND EXPENSES – FUNDS. 31 34 All fees and charges collected by the real estate 31 35 commission under this chapter shall be paid into thegeneral32 1 professional licensing revolving fundof the statecreated in 32 2 section 546.10, subsection 5, except that the equivalent of 32 3 the greater of ten dollars or forty percent per year of the 32 4 fees for each real estate salesperson's license, plus the 32 5 equivalent of the greater of ten dollars or twenty-five 32 6 percent per year of the fees for each broker's license shall 32 7 be paid into the Iowa real estate education fund created in 32 8 section 543B.54. All expenses incurred by the commission 32 9 under this chapter, including compensation of staff assigned 32 10 to the commission, shall be paidfrom funds appropriated for32 11those purposesout of the professional licensing revolving 32 12 fund, except for expenses incurred and compensation paid for 32 13 the real estate education director, which shall be paid out of 32 14 the real estate education fund. 32 15 Sec. 56. Section 543D.6, subsection 2, Code 1997, is 32 16 amended to read as follows: 32 17 2. Fees collected by the board shall be transmitted to the 32 18 treasurer of state who shall deposit the fees in thegeneral32 19 professional licensing revolving fundof the statecreated in 32 20 section 546.10, subsection 5. 32 21 Sec. 57. Section 544A.11, unnumbered paragraph 2, Code 32 22 1997, is amended to read as follows: 32 23 All fees shall be paid to the treasurer of state and 32 24 deposited in thegeneralprofessional licensing revolving fund 32 25of the statecreated in section 546.10, subsection 5. 32 26 Sec. 58. Section 544B.14, unnumbered paragraph 2, Code 32 27 1997, is amended to read as follows: 32 28 All fees shall be collected by the secretary, paid to the 32 29 treasurer of state and deposited in thegeneralprofessional 32 30 licensing revolving fundof the statecreated in section 32 31 546.10, subsection 5. 32 32 Sec. 59. Section 546.9, Code 1997, is amended by adding 32 33 the following new unnumbered paragraph: 32 34 NEW UNNUMBERED PARAGRAPH. The alcoholic beverages division 32 35 shall transfer at the beginning of each fiscal quarter from 33 1 appropriated funds to the administrative services trust fund 33 2 an amount which represents the division's share of the 33 3 estimated cost of consolidated administrative services within 33 4 the department. The share shall be in the same proportion as 33 5 established by agreement in the fiscal year beginning July 1, 33 6 1986, and ending June 30, 1987, with the first quarterly 33 7 transfer to occur between July 1 and July 31 annually. At the 33 8 close of the fiscal year, actual versus estimated expenditures 33 9 shall be reconciled and any overpayment shall be returned to 33 10 the division or any underpayment shall be paid by the 33 11 division. 33 12 Sec. 60. Section 546.10, subsection 5, Code 1997, is 33 13 amended by striking the subsection and inserting in lieu 33 14 thereof the following: 33 15 5. There is created in the office of the treasurer of 33 16 state a professional licensing revolving fund. Fees collected 33 17 under chapters 542B, 542C, 543B, 543D, 544A, and 544B shall be 33 18 paid to the treasurer of state and credited to the 33 19 professional licensing revolving fund. All expenses required 33 20 in the discharge of the duties and responsibilities imposed 33 21 upon the professional licensing division of the department of 33 22 commerce, the administrator, and the licensing boards by the 33 23 law of this state shall be paid from the revolving fund and 33 24 appropriated by the general assembly from the fund. Transfers 33 25 shall not be made from the general fund of the state or any 33 26 other fund for the payment of expenses of the division. Fees 33 27 collected by the division shall not be transferred to the 33 28 general fund. The funds held by the treasurer of state for 33 29 the professional licensing division of the department of 33 30 commerce shall be invested by the treasurer of state and the 33 31 income derived from the investments shall be credited to the 33 32 general fund of the state. 33 33 Sec. 61. Section 546.10, Code 1997, is amended by adding 33 34 the following new subsection: 33 35 NEW SUBSECTION. 5A. The professional licensing and 34 1 regulation division shall transfer at the beginning of each 34 2 fiscal quarter from appropriated funds to the administrative 34 3 services trust fund an amount which represents the division's 34 4 share of the estimated cost of consolidated administrative 34 5 services within the department, such share to be in the same 34 6 proportion as established by agreement in the fiscal year 34 7 beginning July 1, 1986, and ending June 30, 1987, with the 34 8 first quarterly transfer to occur between July 1 and July 31 34 9 annually. At the close of the fiscal year, actual versus 34 10 estimated expenditures shall be reconciled and any overpayment 34 11 shall be returned to the division or any underpayment shall be 34 12 paid by the division. 34 13 Sec. 62. NEW SECTION. 546.12 ADMINISTRATIVE SERVICES 34 14 TRUST FUND. 34 15 An administrative services trust fund is created in the 34 16 state treasury under the control of the department of 34 17 commerce. Moneys paid by the department's divisions for 34 18 administrative services shall be credited to the fund. All 34 19 costs for administrative services provided by the department 34 20 to the respective divisions shall be paid from the fund, 34 21 subject to appropriation by the general assembly. 34 22 Sec. 63. Section 556.18, subsection 3, Code 1997, is 34 23 amended to read as follows: 34 24 3. The treasurer of state shall annually credit all moneys 34 25 received under section 556.4 to thegeneral fund of the state34 26 energy research and development fund created in section 34 27 473.16.Moneys credited to the general fund of the state34 28pursuant to this subsection are subject to the requirements of34 29subsections 1 and 2 and section 8.60.34 30 Sec. 64. APPROPRIATIONS – REDUCTIONS. Moneys deposited 34 31 in a fund or account created in this Act during the fiscal 34 32 year beginning July 1, 1998, and ending June 30, 1999, are 34 33 appropriated for that fiscal year to the department or agency 34 34 with authority over the fund or account. An appropriation 34 35 made for the fiscal year beginning July 1, 1998, and ending 35 1 June 30, 1999, by the Seventy-seventh General Assembly, 1998 35 2 Session, for the same purpose as provided for an agency, 35 3 department, fund, or account created in this Act, shall be 35 4 reduced in an amount equal to the fees or other revenues 35 5 deposited into the fund or account during the fiscal year 35 6 beginning July 1, 1998, and ending June 30, 1999. 35 7 EXPLANATION 35 8 This bill reestablishes various state funds and accounts 35 9 that were repealed, appropriates moneys deposited in the funds 35 10 and accounts for the fiscal year beginning July 1, 1997, and 35 11 reduces appropriations made for the same purposes from the 35 12 general fund of the state. 35 13 Code section 8.60, which limits the purposes for which 35 14 moneys collected for various repealed funds and accounts may 35 15 be used, is amended to provide that the limitations only apply 35 16 to moneys collected and deposited in the general fund of the 35 17 state during the period beginning July 1, 1993, and ending 35 18 June 30, 1997. 35 19 Code section 15E.112 is amended to provide that the value- 35 20 added agricultural products and processes financial assistance 35 21 fund shall retain interest and earnings. 35 22 The following funds, authority, and accounts are recreated 35 23 or credited by the bill: the pari-mutuel regulation fund; 35 24 excursion gambling boat special account; milk fund; dairy 35 25 trade practices trust fund; commercial feed fund; fertilizer 35 26 fund; pesticide fund; motor vehicle fraud account; public 35 27 transit assistance fund; railroad assistance fund; special 35 28 railroad facility fund; state aviation fund; marine fuel tax 35 29 fund; aviation fuel tax fund; public outdoor recreation and 35 30 resources fund; energy research and development fund; 35 31 utilities trust fund; banking revolving fund; credit union 35 32 revolving fund; administrative services trust fund; and 35 33 professional licensing revolving fund. Moneys from abandoned 35 34 utility deposits and refunds are to be deposited in the energy 35 35 research and development fund. 36 1 In addition, the bill creates a health-related professional 36 2 license fund under the Iowa department of public health. Each 36 3 health profession examining board has an account within the 36 4 fund for crediting of fees and other revenues attributable to 36 5 the board. 36 6 The bill appropriates all revenues received under the 36 7 various funds, accounts, and authorizations for fiscal year 36 8 1998-1999 and reduces general fund appropriations accordingly. 36 9 LSB 3619XS 77 36 10 jp/jw/5
Text: SF02082 Text: SF02084 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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