Text: HF02555                           Text: HF02557
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2556

Partial Bill History

• Bill Introduced: H.J. 515
• Complete Bill History

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2              DEPARTMENT OF ADMINISTRATIVE SERVICES
  1  3    Section 1.  Section 2.12, Code Supplement 2001, is amended
  1  4 to read as follows:
  1  5    2.12  EXPENSES OF GENERAL ASSEMBLY AND LEGISLATIVE AGENCIES
  1  6 – BUDGETS.
  1  7    There is appropriated out of any funds in the state
  1  8 treasury not otherwise appropriated a sum sufficient to pay
  1  9 for legislative printing and all current and miscellaneous
  1 10 expenses of the general assembly, authorized by either the
  1 11 senate or the house, and the director of revenue and finance
  1 12 the department of administrative services shall issue warrants
  1 13 for such items of expense upon requisition of the president,
  1 14 majority leader, and secretary of the senate or the speaker
  1 15 and chief clerk of the house.
  1 16    There is appropriated out of any funds in the state
  1 17 treasury not otherwise appropriated, such sums as are
  1 18 necessary, for each house of the general assembly for the
  1 19 payment of any unpaid expense of the general assembly incurred
  1 20 during or in the interim between sessions of the general
  1 21 assembly, including but not limited to salaries and necessary
  1 22 travel and actual expenses of members, expenses of standing
  1 23 and interim committees or subcommittees, and per diem or
  1 24 expenses for members of the general assembly who serve on
  1 25 statutory boards, commissions, or councils for which per diem
  1 26 or expenses are authorized by law.  The director of revenue
  1 27 and finance the department of administrative services shall
  1 28 issue warrants for such items of expense upon requisition of
  1 29 the president, majority leader, and secretary of the senate
  1 30 for senate expense or the speaker and chief clerk of the house
  1 31 for house expense.
  1 32    There is appropriated out of any funds in the state
  1 33 treasury not otherwise appropriated, such sums as are
  1 34 necessary for the renovation, remodeling, or preparation of
  1 35 the legislative chambers, legislative offices, or other areas
  2  1 or facilities used or to be used by the legislative branch of
  2  2 government, and for the purchase of legislative equipment and
  2  3 supplies deemed necessary to properly carry out the functions
  2  4 of the general assembly.  The director of revenue and finance
  2  5 the department of administrative services shall issue warrants
  2  6 for such items of expense, whether incurred during or between
  2  7 sessions of the general assembly, upon requisition of the
  2  8 president, majority leader, and secretary of the senate for
  2  9 senate expense or the speaker and chief clerk of the house for
  2 10 house expense.
  2 11    There is appropriated out of any funds in the state
  2 12 treasury not otherwise appropriated such sums as may be
  2 13 necessary for the fiscal year budgets of the legislative
  2 14 service bureau, the legislative fiscal bureau, the citizens'
  2 15 aide office and the computer support bureau for salaries,
  2 16 support, maintenance, and miscellaneous purposes to carry out
  2 17 their statutory responsibilities.  The legislative service
  2 18 bureau, the legislative fiscal bureau, the citizens' aide
  2 19 office and the computer support bureau shall submit their
  2 20 proposed budgets to the legislative council not later than
  2 21 September 1 of each year.  The legislative council shall
  2 22 review and approve the proposed budgets not later than
  2 23 December 1 of each year.  The budget approved by the
  2 24 legislative council for each of its statutory legislative
  2 25 agencies shall be transmitted by the legislative council to
  2 26 the department of management on or before December 1 of each
  2 27 year for the fiscal year beginning July 1 of the following
  2 28 year.  The department of management shall submit the approved
  2 29 budgets received from the legislative council to the governor
  2 30 for inclusion in the governor's proposed budget for the
  2 31 succeeding fiscal year.  The approved budgets shall also be
  2 32 submitted to the chairpersons of the committees on
  2 33 appropriations.  The committees on appropriations may allocate
  2 34 from the funds appropriated by this section the funds
  2 35 contained in the approved budgets, or such other amounts as
  3  1 specified, pursuant to a concurrent resolution to be approved
  3  2 by both houses of the general assembly.  The director of
  3  3 revenue and finance shall issue warrants for salaries,
  3  4 support, maintenance, and miscellaneous purposes upon
  3  5 requisition by the administrative head of each statutory
  3  6 legislative agency.  If the legislative council elects to
  3  7 change the approved budget for a legislative agency prior to
  3  8 July 1, the legislative council shall transmit the amount of
  3  9 the budget revision to the department of management prior to
  3 10 July 1 of the fiscal year, however, if the general assembly
  3 11 approved the budget it cannot be changed except pursuant to a
  3 12 concurrent resolution approved by the general assembly.
  3 13    Sec. 2.  Section 2.13, Code 2001, is amended to read as
  3 14 follows:
  3 15    2.13  ISSUANCE OF WARRANTS.
  3 16    The director of revenue and finance the department of
  3 17 administrative services shall also issue to each officer and
  3 18 employee of the general assembly, during legislative sessions
  3 19 or interim periods, upon vouchers signed by the president,
  3 20 majority leader, and secretary of the senate or the speaker
  3 21 and chief clerk of the house, warrants for the amount due for
  3 22 services rendered.  The warrants shall be paid out of any
  3 23 moneys in the treasury not otherwise appropriated.
  3 24    Sec. 3.  Section 7E.5, subsection 1, paragraph b, Code
  3 25 2001, is amended to read as follows:
  3 26    b.  The department of personnel administrative services,
  3 27 created in section 19A.1 8A.102, which has primary
  3 28 responsibility for personnel the management and coordination
  3 29 of the major resources of state government.
  3 30    Sec. 4.  Section 7E.5, subsection 1, paragraphs c and x,
  3 31 Code 2001, are amended by striking the paragraphs.
  3 32    Sec. 5.  Section 7E.5, subsection 1, paragraph d, Code
  3 33 2001, is amended to read as follows:
  3 34    d.  The department of revenue and finance, created in
  3 35 section 421.2, which has primary responsibility for revenue
  4  1 collection and revenue law compliance, financial management
  4  2 and assistance, and the Iowa lottery.
  4  3    Sec. 6.  Section 8.31, unnumbered paragraph 6, Code 2001,
  4  4 is amended to read as follows:
  4  5    The procedure to be employed in controlling the
  4  6 expenditures and receipts of the state fair board and the
  4  7 institutions under the state board of regents, whose
  4  8 collections are not deposited in the state treasury, is that
  4  9 outlined in section 421.31 8A.503, subsection 6 9.
  4 10    Sec. 7.  Section 8.34, Code 2001, is amended to read as
  4 11 follows:
  4 12    8.34  CHARGING OFF UNEXPENDED APPROPRIATIONS.
  4 13    Except as otherwise provided by law, the director of the
  4 14 department of revenue and finance administrative services
  4 15 shall transfer to the fund from which an appropriation was
  4 16 made, any unexpended or unencumbered balance of that
  4 17 appropriation remaining at the expiration of two months after
  4 18 the close of the fiscal term for which the appropriation was
  4 19 made.  At the time the transfer is made on the books of the
  4 20 department of revenue and finance administrative services, the
  4 21 director shall certify that fact to the treasurer of state,
  4 22 who shall make corresponding entries on the books of the
  4 23 treasurer's office.
  4 24    Sec. 8.  NEW SECTION.  8A.101  DEFINITIONS.
  4 25    As used in this chapter, unless the context otherwise
  4 26 requires:
  4 27    1.  "Department" means the department of administrative
  4 28 services.
  4 29    2.  "Director" means the director of the department of
  4 30 administrative services.
  4 31    Sec. 9.  NEW SECTION.  8A.102  DEPARTMENT CREATED.
  4 32    The department of administrative services is created.  The
  4 33 director of the department shall be appointed by the governor
  4 34 to serve at the pleasure of the governor and is subject to
  4 35 confirmation by the senate.  If the office becomes vacant, the
  5  1 vacancy shall be filled in the same manner as provided for the
  5  2 original appointment.
  5  3    Sec. 10.  NEW SECTION.  8A.103  PURPOSE OF THE DEPARTMENT.
  5  4    The department is created for the purpose of managing and
  5  5 coordinating the major resources of state government including
  5  6 the human, financial, physical, and information resources of
  5  7 state government.
  5  8    Sec. 11.  NEW SECTION.  8A.104  POWERS AND DUTIES OF THE
  5  9 DIRECTOR.
  5 10    The director or designees of the director shall:
  5 11    1.  Coordinate the internal operations of the department
  5 12 and develop and implement policies and procedures designed to
  5 13 ensure the efficient administration of the department.
  5 14    2.  Appoint the administrators of the divisions within the
  5 15 department and all other personnel deemed necessary for the
  5 16 administration of this chapter, except for the chief executive
  5 17 officer of the Iowa public employees' retirement system
  5 18 division and other employees of the division.
  5 19    3.  Prepare an annual budget for the department.
  5 20    4.  Develop and recommend legislative proposals deemed
  5 21 necessary for the continued efficiency of department
  5 22 functions, and review legislative proposals generated outside
  5 23 of the department which are related to matters within the
  5 24 department's purview.
  5 25    5.  Adopt rules deemed necessary for the administration of
  5 26 this chapter in accordance with chapter 17A.  In addition,
  5 27 rulemaking authority provided to the divisions of the
  5 28 department shall be subject to review and approval of the
  5 29 director.
  5 30    6.  Develop and maintain enterprise-wide support systems
  5 31 within the department to provide appropriate administrative
  5 32 support and sufficient data for the effective and efficient
  5 33 operation of the enterprise.
  5 34    7.  Enter into contracts for the receipt and provision of
  5 35 services as deemed necessary.  The director and the governor
  6  1 may obtain and accept grants and receipts to or for the state
  6  2 to be used for the administration of this chapter.
  6  3    Notwithstanding any provision of law to the contrary,
  6  4 decisions made by an administrator of a division of the
  6  5 department may be appealed to the director and the director's
  6  6 determination shall constitute final agency action.
  6  7    Sec. 12.  NEW SECTION.  8A.105  DIVISIONS OF THE
  6  8 DEPARTMENT.
  6  9    The department is comprised of the following divisions:
  6 10    1.  Information technology division.
  6 11    2.  Physical resources division.
  6 12    3.  Human resources division.
  6 13    4.  Financial administration division.
  6 14    The allocation of departmental duties to the divisions of
  6 15 the department in chapters 14B, 18, and 19A, does not prohibit
  6 16 the director from reallocating departmental duties within the
  6 17 department.  The director shall not reallocate any of the
  6 18 duties of the Iowa public employees' retirement system
  6 19 division, created by section 97B.1, to any other unit or
  6 20 division of the department.
  6 21    Sec. 13.  NEW SECTION.  8A.106  ENERGY CONSERVATION LEASE-
  6 22 PURCHASE.
  6 23    1.  As used in this section:
  6 24    a.  "Energy conservation measure" means installation or
  6 25 modification of an installation in a building which is
  6 26 primarily intended to reduce energy consumption or allow the
  6 27 use of an alternative energy source, which may contain
  6 28 integral control and measurement devices.
  6 29    b.  "State agency" means a board, department, commission,
  6 30 or authority of or acting on behalf of the state having the
  6 31 power to enter into contracts to acquire property in its own
  6 32 name or in the name of the state.  "State agency" does not
  6 33 mean the general assembly, the courts, the governor, or a
  6 34 political subdivision of the state.
  6 35    2.  a.  A state agency may, with the approval of the
  7  1 department, lease as lessee real and personal properties and
  7  2 facilities for use as or in connection with any energy
  7  3 conservation measure for which it may so acquire real and
  7  4 personal properties and facilities, upon the terms,
  7  5 conditions, and considerations the official or officials
  7  6 having the authority with or without the approval of the
  7  7 department to commit the state agency to acquire real and
  7  8 personal property and facilities deemed in the best interests
  7  9 of the state agency.  A lease may include provisions for
  7 10 ultimate ownership by the state or by the state agency and may
  7 11 obligate the state agency to pay costs of maintenance,
  7 12 operation, insurance, and taxes.  The state agency shall pay
  7 13 the rentals and the additional costs from the annual
  7 14 appropriations for the state agency by the general assembly or
  7 15 from other funds legally available.  The lessor of the
  7 16 properties or facilities may retain a security interest in
  7 17 them until title passes to the state or state agency.  The
  7 18 security interest may be assigned or pledged by the lessor.
  7 19 In connection with the lease, the state agency may contract
  7 20 for a letter of credit, insurance, or other security
  7 21 enhancement obligation with respect to its rental and other
  7 22 obligations and pay the cost from annual appropriations for
  7 23 such state agency by the general assembly or from other funds
  7 24 legally available.  The security enhancement arrangement may
  7 25 contain customary terms and provisions, including
  7 26 reimbursement and acceleration if appropriate.  This section
  7 27 is a complete and independent authorization and procedure for
  7 28 a state agency, with the approval of the department, to enter
  7 29 into a lease and related security enhancement arrangements,
  7 30 and this section is not a qualification of any other powers
  7 31 which a state agency may possess, including those under
  7 32 chapter 262, and the authorization and powers granted under
  7 33 this section are not subject to the terms or requirements of
  7 34 any other provision of the Code.
  7 35    b.  Before a state agency seeks approval of the department
  8  1 for leasing real or personal properties or facilities for use
  8  2 as or in connection with any energy conservation measure, the
  8  3 state agency shall have a comprehensive engineering analysis
  8  4 done on a building in which it seeks to improve the energy
  8  5 efficiency by an engineering firm approved by the department
  8  6 of natural resources through a competitive selection process
  8  7 and the engineering firm is subject to approval of the
  8  8 department.  Provisions of this section shall only apply to
  8  9 energy conservation measures identified in the comprehensive
  8 10 engineering analysis.
  8 11    c.  Before the department gives its approval for a state
  8 12 agency to lease real and personal properties or facilities for
  8 13 use as or in connection with any energy conservation measure,
  8 14 the department shall in conjunction with the department of
  8 15 natural resources and after review of the engineering analysis
  8 16 submitted by the state agency make a determination that the
  8 17 properties or facilities will result in energy cost savings to
  8 18 the state in an amount that results in the state recovering
  8 19 the cost of the properties or facilities within six years
  8 20 after the initial acquisition of the properties or facilities.
  8 21    Sec. 14.  NEW SECTION.  8A.107  DISPUTE RESOLUTION.
  8 22    The department shall resolve any disputes transmitted to it
  8 23 by the department of natural resources, the state building
  8 24 code commissioner, or both, arising under section 470.7.
  8 25    Sec. 15.  NEW SECTION.  8A.108  RULES – DEPOSIT OF
  8 26 DEPARTMENTAL MONEYS.
  8 27    The director, in coordination with the administrator of the
  8 28 financial administration division, shall further prescribe by
  8 29 rule the manner and methods by which all departments and
  8 30 agencies of the state who collect money for and on behalf of
  8 31 the state shall cause the money to be deposited with the
  8 32 treasurer of state or in a depository designated by the
  8 33 treasurer of state.  All such moneys collected shall be
  8 34 deposited at such times and in such depositories to permit the
  8 35 state of Iowa to deposit the funds in a manner consistent with
  9  1 the state's investment policies.  All such moneys shall be
  9  2 promptly deposited, as directed, even though the individual
  9  3 amount remitted may not be correct.  If any individual amount
  9  4 remitted is in excess of the amount required, the department
  9  5 or agency receiving the same shall refund the excess amount
  9  6 thereof.  If the individual amount remitted is insufficient,
  9  7 the person, firm, or corporation concerned shall be
  9  8 immediately billed for the amount of the deficiency.
  9  9    Sec. 16.  NEW SECTION.  8A.201  INFORMATION TECHNOLOGY
  9 10 DIVISION.
  9 11    The information technology division is created within the
  9 12 department of administrative services.  The responsibilities
  9 13 and organization of the division is provided by chapter 14B.
  9 14 The mission of the division is to foster the development and
  9 15 application of information technology to improve the lives of
  9 16 Iowans.  The division assists in the management and
  9 17 coordination of information and information technology
  9 18 resources for state government.
  9 19    Sec. 17.  NEW SECTION.  8A.301  PHYSICAL RESOURCES
  9 20 DIVISION.
  9 21    The physical resources division is created within the
  9 22 department of administrative services.  The responsibilities
  9 23 and organization of the division is provided by chapter 18.
  9 24    Sec. 18.  NEW SECTION.  8A.401  HUMAN RESOURCES DIVISION.
  9 25    The human resources division is created within the
  9 26 department of administrative services.  The responsibilities
  9 27 and organization of the division is provided by chapter 19A.
  9 28    Sec. 19.  NEW SECTION.  8A.501  DEFINITIONS.
  9 29    As used in this article, unless the context otherwise
  9 30 requires:
  9 31    1.  "Administrator" means the administrator of the
  9 32 financial administration division.
  9 33    2.  "Division" means the financial administration division
  9 34 of the department of administrative services.
  9 35    Sec. 20.  NEW SECTION.  8A.502  FINANCIAL ADMINISTRATION
 10  1 DIVISION CREATED.
 10  2    The financial administration division is created within the
 10  3 department of administrative services.  The responsibilities
 10  4 and organization of the division shall be established by the
 10  5 director and as provided for in this article and shall provide
 10  6 for the efficient management and administration of the
 10  7 financial resources of state government.
 10  8    Sec. 21.  NEW SECTION.  8A.503  DIVISION DUTIES.
 10  9    In addition to those duties delegated to the division by
 10 10 the director of the department, the division shall have and
 10 11 assume the following powers and duties:
 10 12    1.  CENTRALIZED ACCOUNTING SYSTEM.  Assume the
 10 13 responsibilities related to a centralized accounting system
 10 14 for state government.
 10 15    2.  SETOFF PROCEDURES.  Establish and maintain a setoff
 10 16 procedure as provided in section 8A.504.
 10 17    3.  COST ALLOCATION SYSTEM.  Establish a cost allocation
 10 18 system as provided in section 8A.505.
 10 19    4.  COLLECTION AND PAYMENT OF FUNDS – MONTHLY PAYMENTS.
 10 20 To control the payment of all moneys into the treasury, and
 10 21 all payments from the treasury by the preparation of
 10 22 appropriate warrants, or warrant checks, directing such
 10 23 collections and payment, and to advise the state treasurer
 10 24 monthly in writing of the amount of public funds not currently
 10 25 needed for operating expenses.  Whenever the state treasury
 10 26 includes state funds that require distribution to counties,
 10 27 municipalities, or other political subdivisions of this state,
 10 28 and the counties, municipalities, and other political
 10 29 subdivisions certify to the director that warrants will be
 10 30 stamped for lack of funds within the thirty-day period
 10 31 following certification, the administrator may partially
 10 32 distribute the funds on a monthly basis.  Whenever the law
 10 33 requires that any funds be paid by a specific date, the
 10 34 administrator shall prepare a final accounting and shall make
 10 35 a final distribution of any remaining funds prior to that
 11  1 date.
 11  2    5.  PREAUDIT SYSTEM.  To establish and fix a reasonable
 11  3 imprest cash fund for each state department and institution
 11  4 for disbursement purposes where needed.  These revolving funds
 11  5 shall be reimbursed only upon vouchers approved by the
 11  6 administrator.  It is the purpose of this subsection to
 11  7 establish a preaudit system of settling all claims against the
 11  8 state, but the preaudit system is not applicable to any of the
 11  9 following:
 11 10    a.  Institutions under the control of the state board of
 11 11 regents.
 11 12    b.  The state fair board as established in chapter 173.
 11 13    c.  The Iowa dairy industry commission as established in
 11 14 chapter 179, the Iowa beef cattle producers association as
 11 15 established in chapter 181, the Iowa pork producers council as
 11 16 established in chapter 183A, the Iowa egg council as
 11 17 established in chapter 184, the Iowa turkey marketing council
 11 18 as established in chapter 184A, the Iowa soybean promotion
 11 19 board as established in chapter 185, and the Iowa corn
 11 20 promotion board as established in chapter 185C.
 11 21    6.  AUDIT OF CLAIMS.  To audit all demands by the state,
 11 22 and to preaudit all accounts submitted for the issuance of
 11 23 warrants.
 11 24    7.  CONTRACTS.  To certify, record, and encumber all formal
 11 25 contracts to prevent overcommitment of appropriations and
 11 26 allotments.
 11 27    8.  ACCOUNTS.  To keep the central budget and proprietary
 11 28 control accounts of the general fund of the state and special
 11 29 funds, as defined in section 8.2, of the state government.
 11 30 Upon elimination of the state deficit under generally accepted
 11 31 accounting principles, including the payment of items budgeted
 11 32 in a subsequent fiscal year which under generally accepted
 11 33 accounting principles should be budgeted in the current fiscal
 11 34 year, the recognition of revenues received and expenditures
 11 35 paid and transfers received and paid within the time period
 12  1 required pursuant to section 8.33 shall be in accordance with
 12  2 generally accepted accounting principles.  Budget accounts are
 12  3 those accounts maintained to control the receipt and
 12  4 disposition of all funds, appropriations, and allotments.
 12  5 Proprietary accounts are those accounts relating to assets,
 12  6 liabilities, income, and expense.  For each fiscal year, the
 12  7 financial position and results of operations of the state
 12  8 shall be reported in a comprehensive annual financial report
 12  9 prepared in accordance with generally accepted accounting
 12 10 principles, as established by the governmental accounting
 12 11 standards board.
 12 12    9.  FAIR BOARD AND BOARD OF REGENTS.  To control the
 12 13 financial operations of the state fair board and the
 12 14 institutions under the state board of regents:
 12 15    a.  By charging all warrants issued to the respective
 12 16 educational institutions and the state fair board to an
 12 17 advance account to be further accounted for and not as an
 12 18 expense which requires no further accounting.
 12 19    b.  By charging all collections made by the educational
 12 20 institutions and state fair board to the respective advance
 12 21 accounts of the institutions and state fair board, and by
 12 22 crediting all such repayment collections to the respective
 12 23 appropriations and special funds.
 12 24    c.  By charging all disbursements made to the respective
 12 25 allotment accounts of each educational institution or state
 12 26 fair board and by crediting all such disbursements to the
 12 27 respective advance and inventory accounts.
 12 28    d.  By requiring a monthly abstract of all receipts and of
 12 29 all disbursements, both money and stores, and a complete
 12 30 account current each month from each educational institution
 12 31 and the state fair board.
 12 32    10.  ENTITIES REPRESENTING AGRICULTURAL PRODUCERS.  To
 12 33 control the financial operations of the Iowa dairy industry
 12 34 commission as provided in chapter 179, the Iowa beef cattle
 12 35 producers association as provided in chapter 181, the Iowa
 13  1 pork producers council as provided in chapter 183A, the Iowa
 13  2 egg council as provided in chapter 184, the Iowa turkey
 13  3 marketing council as provided in chapter 184A, the Iowa
 13  4 soybean promotion board as provided in chapter 185, and the
 13  5 Iowa corn promotion board as provided in chapter 185C.
 13  6    11.  CUSTODY OF RECORDS.  To have the custody of all books,
 13  7 papers, records, documents, vouchers, conveyances, leases,
 13  8 mortgages, bonds, and other securities appertaining to the
 13  9 fiscal affairs and property of the state, which are not
 13 10 required to be kept in some other office.
 13 11    12.  INTEREST OF THE PERMANENT SCHOOL FUND.  To transfer
 13 12 the interest of the permanent school fund to the credit of the
 13 13 interest for Iowa schools fund.
 13 14    13.  FORMS.  To prescribe all accounting and business forms
 13 15 and the system of accounts and reports of financial
 13 16 transactions by all departments and agencies of the state
 13 17 government other than those of the legislative branch.
 13 18    14.  FEDERAL CASH MANAGEMENT AND IMPROVEMENT ACT
 13 19 ADMINISTRATOR.  To serve as administrator for state actions
 13 20 relating to the federal Cash Management and Improvement Act of
 13 21 1990, Pub. L. No. 101-453, as codified in 31 U.S.C. } 6503.
 13 22 The administrator shall perform the following duties relating
 13 23 to the federal law:
 13 24    a.  Act as the designated representative of the state in
 13 25 the negotiation and administration of contracts between the
 13 26 state and federal government relating to the federal law.
 13 27    b.  Modify the centralized statewide accounting system and
 13 28 develop, or require to be developed by the appropriate
 13 29 departments of state government, the necessary reports and
 13 30 procedures necessary to complete the managerial and financial
 13 31 reports required to comply with the federal law.
 13 32    There is annually appropriated from the general fund of the
 13 33 state to the department an amount sufficient to pay interest
 13 34 costs that may be due the federal government as a result of
 13 35 implementation of the federal law.  Nothing in this paragraph
 14  1 authorizes the payment of interest from the general fund of
 14  2 the state for any departmental revolving, trust, or special
 14  3 fund where monthly interest earnings accrue to the credit of
 14  4 the departmental revolving, trust, or special fund.  For any
 14  5 departmental revolving, trust, or special fund where monthly
 14  6 interest is accrued to the credit of the fund, the
 14  7 administrator may authorize a supplemental expenditure to pay
 14  8 interest costs from the individual fund which are due the
 14  9 federal government as a result of implementation of the
 14 10 federal law.
 14 11    15.  ADMINISTRATIVE RULES.  Adopt rules under chapter 17A
 14 12 relating to the administration of the division.
 14 13    Sec. 22.  NEW SECTION.  8A.504  SETOFF PROCEDURES.
 14 14    1.  DEFINITIONS.  As used in this section, unless the
 14 15 context otherwise requires:
 14 16    a.  "Division" means the division of financial
 14 17 administration of the department of administrative services
 14 18 and any other state agency that maintains a separate
 14 19 accounting system and elects to establish a debt collection
 14 20 setoff procedure for collection of debts owed to the state or
 14 21 its agencies.
 14 22    b.  The term "person" does not include a state agency.
 14 23    c.  "State agency" means a board, commission, department,
 14 24 including the department of administrative services, or other
 14 25 administrative office or unit of the state of Iowa or any
 14 26 other state entity reported in the Iowa comprehensive annual
 14 27 financial report.  The term "state agency" does not include
 14 28 the general assembly, the governor, or any political
 14 29 subdivision of the state, or its offices and units.
 14 30    2.  SETOFF PROCEDURE.  The division shall establish and
 14 31 maintain a procedure to set off against any claim owed to a
 14 32 person by a state agency any liability of that person owed to
 14 33 a state agency or a support debt being enforced by the child
 14 34 support recovery unit pursuant to chapter 252B, except the
 14 35 setoff procedures provided for in section 421.17, subsections
 15  1 21, 23, and 25.  The procedure shall only apply when at the
 15  2 discretion of the administrator it is feasible.  The procedure
 15  3 shall meet the following conditions:
 15  4    a.  Before setoff, a person's liability to a state agency
 15  5 and the person's claim on a state agency shall be in the form
 15  6 of a liquidated sum due, owing, and payable.
 15  7    b.  Before setoff, the state agency shall obtain and
 15  8 forward to the division the full name and social security
 15  9 number of the person liable to it or to whom a claim is owing
 15 10 who is a natural person.  If the person is not a natural
 15 11 person, before setoff, the state agency shall forward to the
 15 12 division the information concerning the person as the division
 15 13 shall, by rule, require.  The division shall cooperate with
 15 14 other state agencies in the exchange of information relevant
 15 15 to the identification of persons liable to or claimants of
 15 16 state agencies.  However, the division shall provide only
 15 17 relevant information required by a state agency.  The
 15 18 information shall be held in confidence and used for the
 15 19 purpose of setoff only.  Section 422.72, subsection 1, does
 15 20 not apply to this paragraph.
 15 21    c.  Before setoff, a state agency shall, at least annually,
 15 22 submit to the division the information required by paragraph
 15 23 "b" along with the amount of each person's liability to and
 15 24 the amount of each claim on the state agency.  The division
 15 25 may, by rule, require more frequent submissions.
 15 26    d.  Before setoff, the amount of a person's claim on a
 15 27 state agency and the amount of a person's liability to a state
 15 28 agency shall constitute a minimum amount set by rule of the
 15 29 division.
 15 30    e.  Upon submission of an allegation of liability by a
 15 31 state agency, the division shall notify the state agency
 15 32 whether the person allegedly liable is entitled to payment
 15 33 from a state agency, and, if so entitled, shall notify the
 15 34 state agency of the amount of the person's entitlement and of
 15 35 the person's last address known to the division.  Section
 16  1 422.72, subsection 1, does not apply to this paragraph.
 16  2    f.  Upon notice of entitlement to a payment, the state
 16  3 agency shall send written notification to that person of the
 16  4 state agency's assertion of its rights to all or a portion of
 16  5 the payment and of the state agency's entitlement to recover
 16  6 the liability through the setoff procedure, the basis of the
 16  7 assertion, the opportunity to request that a jointly or
 16  8 commonly owned right to payment be divided among owners, and
 16  9 the person's opportunity to give written notice of intent to
 16 10 contest the amount of the allegation.  The state agency shall
 16 11 send a copy of the notice to the division.  A state agency
 16 12 subject to chapter 17A shall give notice, conduct hearings,
 16 13 and allow appeals in conformity with chapter 17A.
 16 14    However, upon submission of an allegation of the liability
 16 15 of a person which is owing and payable to the clerk of the
 16 16 district court and upon the determination by the division that
 16 17 the person allegedly liable is entitled to payment from a
 16 18 state agency, the division shall send written notification to
 16 19 the person which states the assertion by the clerk of the
 16 20 district court of rights to all or a portion of the payment,
 16 21 the clerk's entitlement to recover the liability through the
 16 22 setoff procedure, the basis of the assertions, the person's
 16 23 opportunity to request within fifteen days of the mailing of
 16 24 the notice that the division divide a jointly or commonly
 16 25 owned right to payment between owners, the opportunity to
 16 26 contest the liability to the clerk by written application to
 16 27 the clerk within fifteen days of the mailing of the notice,
 16 28 and the person's opportunity to contest the division's setoff
 16 29 procedure.
 16 30    g.  Upon the timely request of a person liable to a state
 16 31 agency or of the spouse of that person and upon receipt of the
 16 32 full name and social security number of the person's spouse, a
 16 33 state agency shall notify the division of the request to
 16 34 divide a jointly or commonly owned right to payment.  Any
 16 35 jointly or commonly owned right to payment is rebuttably
 17  1 presumed to be owned in equal portions by its joint or common
 17  2 owners.
 17  3    h.  The division shall, after the state agency has sent
 17  4 notice to the person liable or, if the liability is owing and
 17  5 payable to the clerk of the district court, the division has
 17  6 sent notice to the person liable, set off the amount owed to
 17  7 the agency against any amount which a state agency owes that
 17  8 person.  The division shall refund any balance of the amount
 17  9 to the person.  The division shall periodically transfer
 17 10 amounts set off to the state agencies entitled to them.  If a
 17 11 person liable to a state agency gives written notice of intent
 17 12 to contest an allegation, a state agency shall hold a refund
 17 13 or rebate until final disposition of the allegation.  Upon
 17 14 completion of the setoff, a state agency shall notify in
 17 15 writing the person who was liable or, if the liability is
 17 16 owing and payable to the clerk of the district court, shall
 17 17 comply with the procedures as provided in paragraph "j".
 17 18    i.  The department of revenue and finance's existing right
 17 19 to credit against tax due or to become due under section
 17 20 422.73 is not to be impaired by a right granted to or a duty
 17 21 imposed upon the division or other state agency by this
 17 22 section.  This section is not intended to impose upon the
 17 23 division or the department of revenue and finance any
 17 24 additional requirement of notice, hearing, or appeal
 17 25 concerning the right to credit against tax due under section
 17 26 422.73.
 17 27    j.  If the alleged liability is owing and payable to the
 17 28 clerk of the district court and setoff as provided in this
 17 29 section is sought, all of the following shall apply:
 17 30    (1)  The judicial branch shall prescribe procedures to
 17 31 permit a person to contest the amount of the person's
 17 32 liability to the clerk of the district court.
 17 33    (2)  The division shall, except for the procedures
 17 34 described in subparagraph (1), prescribe any other applicable
 17 35 procedures concerning setoff as provided in this subsection.
 18  1    (3)  Upon completion of the setoff, the division shall
 18  2 file, at least monthly, with the clerk of the district court a
 18  3 notice of satisfaction of each obligation to the full extent
 18  4 of all moneys collected in satisfaction of the obligation.
 18  5 The clerk shall record the notice and enter a satisfaction for
 18  6 the amounts collected and no separate written notice is
 18  7 required.
 18  8    3.  Under substantive rules established by the
 18  9 administrator, the division shall seek reimbursement from
 18 10 other state agencies to recover its costs for setting off
 18 11 liabilities.
 18 12    Sec. 23.  NEW SECTION.  8A.505  COST ALLOCATION SYSTEM.
 18 13    The division shall develop and administer an indirect cost
 18 14 allocation system for state agencies.  The system shall be
 18 15 based upon standard cost accounting methodologies and shall be
 18 16 used to allocate both direct and indirect costs of state
 18 17 agencies or state agency functions in providing centralized
 18 18 services to other state agencies.  A cost that is allocated to
 18 19 a state agency pursuant to this system shall be billed to the
 18 20 state agency and the cost is payable to the general fund of
 18 21 the state.  The source of payment for the billed cost shall be
 18 22 any revenue source except for the general fund of the state.
 18 23 If a state agency is authorized by law to bill and recover
 18 24 direct expenses, the state agency shall recover indirect costs
 18 25 in the same manner.  For the purposes of this section, "state
 18 26 agency" means a board, commission, department, including the
 18 27 department of administrative services, or other administrative
 18 28 office, institution, bureau, or unit of the state of Iowa.
 18 29 The term "state agency" does not include the general assembly,
 18 30 the governor, the courts, or any political subdivision of the
 18 31 state, or its offices and units.
 18 32    Sec. 24.  NEW SECTION.  8A.506  ACCOUNTING.
 18 33    The administrator may at any time require any person
 18 34 receiving money, securities, or property belonging to the
 18 35 state, or having the management, disbursement, or other
 19  1 disposition of them, an account of which is kept in the
 19  2 division, to render statements thereof and information in
 19  3 reference thereto.
 19  4    Sec. 25.  NEW SECTION.  8A.507  STATING ACCOUNT.
 19  5    If an officer who is accountable to the treasury for any
 19  6 money or property neglects to render an account to the
 19  7 administrator within the time prescribed by law, or, if no
 19  8 time is so prescribed, within twenty days after being required
 19  9 so to do by the administrator, the administrator shall state
 19 10 an account against the officer from the books of the officer's
 19 11 office, charging ten percent damages on the whole sum
 19 12 appearing due, and interest at the rate of six percent per
 19 13 annum on the aggregate from the time when the account should
 19 14 have been rendered; all of which may be recovered by action
 19 15 brought on the account, or on the official bond of the
 19 16 officer.
 19 17    Sec. 26.  NEW SECTION.  8A.508  COMPELLING PAYMENT.
 19 18    If an officer fails to pay into the treasury the amount
 19 19 received by the officer within the time prescribed by law, or,
 19 20 having settled with the administrator, fails to pay the amount
 19 21 found due, the administrator shall charge the officer with
 19 22 twenty percent damages on the amount due, with interest on the
 19 23 aggregate from the time it became due at the rate of six
 19 24 percent per annum, and the whole may be recovered by an action
 19 25 brought on the account, or on the official bond of the
 19 26 officer, and the officer shall forfeit the officer's
 19 27 commission.
 19 28    Sec. 27.  NEW SECTION.  8A.509  DEFENSE TO CLAIM.
 19 29    The penal provisions in sections 8A.507 and 8A.508 are
 19 30 subject to any legal defense which the officer may have
 19 31 against the account as stated by the administrator, but
 19 32 judgment for costs shall be rendered against the officer in
 19 33 the action, whatever its result, unless the officer rendered
 19 34 an account within the time named in those sections.
 19 35    Sec. 28.  NEW SECTION.  8A.510  REQUESTED CREDITS – OATH
 20  1 REQUIRED.
 20  2    When a county treasurer or other receiver of public money
 20  3 seeks to obtain credit on the books of the division for
 20  4 payment made to the treasurer, before giving such credit the
 20  5 administrator shall require that person to take and subscribe
 20  6 an oath that the person has not used, loaned, or appropriated
 20  7 any of the public money for the person's private benefit, nor
 20  8 for the benefit of any other person.
 20  9    Sec. 29.  NEW SECTION.  8A.511  REQUISITION FOR
 20 10 INFORMATION.
 20 11    In those cases where the director or administrator is
 20 12 authorized to call upon persons or officers for information,
 20 13 or statements, or accounts, the administrator may issue a
 20 14 requisition therefor in writing to the person or officer
 20 15 called upon, allowing reasonable time, which, having been
 20 16 served and return made to the administrator, as a notice in a
 20 17 civil action, is evidence of the making of the requisition.
 20 18    Sec. 30.  NEW SECTION.  8A.512  LIMITS ON CLAIMS.
 20 19    The administrator is limited in authorizing the payment of
 20 20 claims, as follows:
 20 21    1.  a.  FUNDING LIMIT.  A claim shall not be allowed by the
 20 22 division if the appropriation or fund of certification
 20 23 available for paying the claim has been exhausted or proves
 20 24 insufficient.
 20 25    b.  The authority of the administrator is subject to the
 20 26 following exceptions:
 20 27    (1)  Claims by state employees for benefits pursuant to
 20 28 chapters 85, 85A, 85B, and 86 are subject to limitations
 20 29 provided in those chapters.
 20 30    (2)  Claims for medical assistance payments authorized
 20 31 under chapter 249A are subject to the time limits imposed by
 20 32 rule adopted by the division.
 20 33    (3)  Claims approved by an agency according to the
 20 34 provisions of sections 25.1 and 25.2.
 20 35    2.  CONVENTION EXPENSES.  Claims for expenses in attending
 21  1 conventions, meetings, conferences, or gatherings of members
 21  2 of an association or society organized and existing as a
 21  3 quasi-public association or society outside the state of Iowa
 21  4 shall not be allowed at public expense, unless authorized by
 21  5 the division; and claims for these expenses outside of the
 21  6 state shall not be allowed unless the voucher is accompanied
 21  7 by a certified copy of the document showing that the expense
 21  8 was authorized by the division.  This section does not apply
 21  9 to claims in favor of the governor, attorney general,
 21 10 utilities board members, or to trips referred to in section
 21 11 97B.7A.
 21 12    3.  PAYMENT FROM FEES.  No claims for per diem and expenses
 21 13 payable from fees shall be approved for payment in excess of
 21 14 those fees if the law provides that such expenditures are
 21 15 limited to the special funds collected and deposited in the
 21 16 state treasury.
 21 17    Sec. 31.  NEW SECTION.  8A.513  CLAIMS – APPROVAL.
 21 18    The administrator before approving a claim on behalf of the
 21 19 division shall determine:
 21 20    1.  That the creation of the claim is clearly authorized by
 21 21 law.  Statutes authorizing the expenditure may be referenced
 21 22 through account coding authorized by the administrator.
 21 23    2.  That the claim has been authorized by an officer or
 21 24 official body having legal authority to so authorize and that
 21 25 the fact of authorization has been certified to the
 21 26 administrator by such officer or official body.
 21 27    3.  That all legal requirements have been observed,
 21 28 including notice and opportunity for competition, if required
 21 29 by law.
 21 30    4.  That the claim is in proper form as the administrator
 21 31 may provide.
 21 32    5.  That the charges are reasonable, proper, and correct
 21 33 and no part of the claim has been paid.
 21 34    Sec. 32.  NEW SECTION.  8A.514  VOUCHERS – INTEREST –
 21 35 PAYMENT OF CLAIMS.
 22  1    1.  Before a warrant or its equivalent is issued for a
 22  2 claim payable from the state treasury, the division shall file
 22  3 an itemized voucher showing in detail the items of service,
 22  4 expense, thing furnished, or contract for which payment is
 22  5 sought.  However, the administrator may authorize the
 22  6 prepayment of claims when the best interests of the state are
 22  7 served under rules adopted by the division.  The claimant's
 22  8 original invoice shall be attached to a division's approved
 22  9 voucher.  The administrator shall adopt rules specifying the
 22 10 form and contents for invoices submitted by a vendor to a
 22 11 department.  The requirements apply to acceptance of an
 22 12 invoice by a division.  A department shall not impose
 22 13 additional or different requirements on submission of invoices
 22 14 than those contained in rules of the administrator unless the
 22 15 administrator exempts the department from the invoice
 22 16 requirements or a part of the requirements upon a finding that
 22 17 compliance would result in poor accounting or management
 22 18 practices.
 22 19    2.  Vouchers for postage, stamped envelopes, and postal
 22 20 cards may be audited as soon as an order for them is entered.
 22 21    3.  The departments, the general assembly, and the courts
 22 22 shall pay their claims in a timely manner.  If a claim for
 22 23 services, supplies, materials, or a contract which is payable
 22 24 from the state treasury remains unpaid after sixty days
 22 25 following the receipt of the claim or the satisfactory
 22 26 delivery, furnishing, or performance of the services,
 22 27 supplies, materials, or contract, whichever date is later, the
 22 28 state shall pay interest at the rate of one percent per month
 22 29 on the unpaid amount of the claim.  This subsection does not
 22 30 apply to claims against the state under chapters 25 and 669 or
 22 31 to claims paid by federal funds.  The interest shall be
 22 32 charged to the appropriation or fund to which the claim is
 22 33 certified.  Departments may enter into contracts for goods or
 22 34 services on payment terms of less than sixty days if the state
 22 35 may obtain a financial benefit or incentive which would not
 23  1 otherwise be available from the vendor.  The division, in
 23  2 consultation with the physical resources division and other
 23  3 affected agencies, shall develop policies to promote
 23  4 consistency and fiscal responsibility relating to payment
 23  5 terms authorized under this subsection.  The administrator
 23  6 shall adopt rules under chapter 17A relating to the
 23  7 administration of this subsection.
 23  8    Sec. 33.  NEW SECTION.  8A.515  WARRANTS – FORM.
 23  9    Each warrant shall bear on its face the signature or its
 23 10 facsimile of the director, or the signature or its facsimile
 23 11 of an assistant in case of a vacancy in the office of the
 23 12 director; a proper number, date, amount, and name of payee; a
 23 13 reference to the law under which it is drawn; whether for
 23 14 salaries or wages, services, or supplies, and what kind of
 23 15 supplies; and from what office or department, or for what
 23 16 other general or special purposes; or in lieu thereof, a
 23 17 coding system may be used, which particulars shall be entered
 23 18 in a warrant register kept for that purpose in the order of
 23 19 issuance; and as soon as practicable after issuing a warrant
 23 20 register, the director shall certify a duplicate of it to the
 23 21 treasurer.
 23 22    Sec. 34.  NEW SECTION.  8A.516  REQUIRED PAYEE.
 23 23    All warrants shall be drawn to the order of the person
 23 24 entitled to payment or compensation, except that when goods or
 23 25 materials are purchased in foreign countries, warrants may be
 23 26 drawn upon the treasurer of state, payable to bearer for the
 23 27 net amount of invoice and current exchange, and the treasurer
 23 28 of state shall furnish a foreign draft payable to the order of
 23 29 the person from whom purchase is made.
 23 30    Sec. 35.  NEW SECTION.  8A.517  PROHIBITED PAYEE.
 23 31    In no case shall warrants be drawn in the name of the
 23 32 certifying office, department, board, or institution, or in
 23 33 the name of an employee of it, except for personal service
 23 34 rendered or expense incurred by the employee, unless there is
 23 35 express statutory authority therefor.
 24  1    Sec. 36.  NEW SECTION.  8A.518  CLAIMS EXCEEDING
 24  2 APPROPRIATIONS.
 24  3    No claim shall be allowed when the claim will exceed the
 24  4 amount specifically appropriated for it.
 24  5    Sec. 37.  NEW SECTION.  8A.519  CANCELLATION OF STATE
 24  6 WARRANTS.
 24  7    On the last business day of each month, the administrator
 24  8 shall cancel and request the treasurer of state to stop
 24  9 payment on all state warrants which have been outstanding and
 24 10 unredeemed by the treasurer of state for six months or longer.
 24 11    Sec. 38.  Section 9.3, Code 2001, is amended to read as
 24 12 follows:
 24 13    9.3  COMMISSIONS.
 24 14    All commissions issued by the governor shall be
 24 15 countersigned by the secretary, who shall register each
 24 16 commission in a book to be kept for that purpose, specifying
 24 17 the office, name of officer, date of commission, and tenure of
 24 18 office, and forthwith forward to the directors of the
 24 19 departments of management and of revenue and finance
 24 20 administrative services copies of the registration.
 24 21    Sec. 39.  Section 11.2, subsection 1, unnumbered paragraph
 24 22 3, Code 2001, is amended to read as follows:
 24 23    Provided further, that a preliminary audit of the
 24 24 educational institutions and the state fair board shall be
 24 25 made periodically, at least quarterly, to check the monthly
 24 26 reports submitted to the director of revenue and finance the
 24 27 department of administrative services as required by section
 24 28 421.31 8A.503, subsection 4 7, and that a final audit of such
 24 29 state agencies shall be made at the close of each fiscal year.
 24 30    Sec. 40.  Section 12.5, Code 2001, is amended to read as
 24 31 follows:
 24 32    12.5  PAYMENT.
 24 33    The treasurer shall pay no money from the treasury but upon
 24 34 the warrants of the director of revenue and finance the
 24 35 department of administrative services, and only in the order
 25  1 of their presentation.
 25  2    Sec. 41.  Section 12.6, Code 2001, is amended to read as
 25  3 follows:
 25  4    12.6  REPORT TO AND ACCOUNT WITH DIRECTOR OF REVENUE AND
 25  5 FINANCE THE DEPARTMENT OF ADMINISTRATIVE SERVICES.
 25  6    Once in each week the treasurer shall certify to the
 25  7 director of revenue and finance the department of
 25  8 administrative services the number, date, amount, and payee of
 25  9 each warrant taken up by the treasurer, with the date when
 25 10 taken up, and the amount of interest allowed; and on the first
 25 11 Monday of January, and the first day of April, July, and
 25 12 October, annually, the treasurer is directed to account with
 25 13 the director of revenue and finance the department of
 25 14 administrative services and deposit with the department of
 25 15 revenue and finance administrative services all such warrants
 25 16 received at the treasury, and take the director's receipt
 25 17 therefor.
 25 18    Sec. 42.  Section 12.14, Code 2001, is amended to read as
 25 19 follows:
 25 20    12.14  STATEMENT ITEMIZED.
 25 21    Each deposit shall be accompanied by an itemized statement
 25 22 of the sources from which the money has been collected, and
 25 23 the funds to be credited, a duplicate of which shall, at the
 25 24 time, be filed with the department of revenue and finance
 25 25 administrative services.
 25 26    Sec. 43.  Section 12.15, Code 2001, is amended to read as
 25 27 follows:
 25 28    12.15  DIRECTOR AND TREASURER TO KEEP ACCOUNT.
 25 29    The treasurer and director of revenue and finance the
 25 30 department of administrative services shall each keep an
 25 31 accurate account of the moneys so deposited.
 25 32    Sec. 44.  Section 14B.101, Code Supplement 2001, is amended
 25 33 by adding the following new subsection before subsection 1:
 25 34    NEW SUBSECTION.  0A.  "Administrator" means the
 25 35 administrator of the information technology division.
 26  1    Sec. 45.  Section 14B.101, subsection 2, Code Supplement
 26  2 2001, is amended to read as follows:
 26  3    2.  "Director" "Division" means the director of the
 26  4 information technology department appointed as provided in
 26  5 section 14B.104 division established in section 8A.201.
 26  6    Sec. 46.  Section 14B.102, Code Supplement 2001, is amended
 26  7 to read as follows:
 26  8    14B.102  DEPARTMENT DIVISION ESTABLISHED – MISSION –
 26  9 POWERS AND DUTIES.
 26 10    1.  DEPARTMENT ESTABLISHED.  The information technology
 26 11 department is established as a state department.  The mission
 26 12 of the department is to foster the development and application
 26 13 of information technology to improve the lives of Iowans.
 26 14    2.  POWERS AND DUTIES OF DEPARTMENT DIVISION.  The powers
 26 15 and duties of the department division shall include, but are
 26 16 not limited to, all of the following:
 26 17    a.  Providing information technology to participating
 26 18 agencies and other governmental entities as provided in this
 26 19 chapter.
 26 20    b.  Implementing the strategic information technology plan
 26 21 as prepared and updated by the information technology council.
 26 22    c.  Developing and implementing a business continuity plan,
 26 23 as the director administrator determines is appropriate, to be
 26 24 used if a disruption occurs in the provision of information
 26 25 technology to participating agencies and other governmental
 26 26 entities.
 26 27    d.  Developing and implementing recommended standards for
 26 28 information technology, including but not limited to system
 26 29 design and systems integration and interoperability, which
 26 30 when implemented shall apply to all participating agencies
 26 31 except as otherwise provided in this chapter.  The department
 26 32 division shall implement information technology standards as
 26 33 established pursuant to this chapter which are applicable to
 26 34 information technology procurements for participating
 26 35 agencies.
 27  1    e.  Recommending and implementing standards for an
 27  2 electronic repository for maintaining mandated agency reports
 27  3 as provided in section 304.13A.  Such repository shall be
 27  4 developed and maintained for the purpose of providing public
 27  5 access to such mandated reports.  The department division
 27  6 shall develop such standards in consultation with the state
 27  7 librarian.
 27  8    f.  Developing and maintaining security policies and
 27  9 systems to ensure the integrity of the state's information
 27 10 resources and to prevent the disclosure of confidential
 27 11 records.
 27 12    g.  Developing and implementing effective and efficient
 27 13 strategies for the use and provision of information technology
 27 14 for participating agencies and other governmental entities.
 27 15    h.  Coordinating the acquisition of information technology
 27 16 by participating agencies in furtherance of the purposes of
 27 17 this chapter.  The information technology department division
 27 18 shall review a request for information technology submitted by
 27 19 a participating agency for purposes of determining whether
 27 20 such request meets the applicable standards established
 27 21 pursuant to this chapter.  Upon a determination that the
 27 22 request meets such standards, the information technology shall
 27 23 be procured for the participating agency by the department of
 27 24 general services division.  Nothing in this chapter shall be
 27 25 construed to prohibit or limit a participating agency from
 27 26 entering into an agreement or contract for information
 27 27 technology with a qualified private entity.
 27 28    i.  Entering into agreements pursuant to chapter 28D or
 27 29 28E, or memorandums of understanding or other agreements as
 27 30 necessary and appropriate to administer this chapter.
 27 31    j.  Establishing and maintaining, in cooperation with the
 27 32 department of revenue and finance and the department of
 27 33 general services physical resources division, an inventory of
 27 34 information technology devices used by participating agencies
 27 35 and other governmental entities using the information
 28  1 technology department's division's services.  The information
 28  2 technology department division may request a participating
 28  3 agency to provide such information as is necessary to
 28  4 establish and maintain an inventory as required under this
 28  5 paragraph, and such participating agency shall provide such
 28  6 information to the department division in a timely manner.
 28  7    k.  Receiving and accepting donations, gifts, and
 28  8 contributions in the form of money, services, materials, or
 28  9 otherwise, from the United States or any of its agencies, from
 28 10 this state or any of its agencies, or from any other person,
 28 11 and to using or expending such moneys, services, materials, or
 28 12 other contributions in carrying on information technology
 28 13 operations.
 28 14    l.  Charging a negotiated fee, to recover a share of the
 28 15 costs related to the research and development, initial
 28 16 production, and derivative products of the department's
 28 17 division's proprietary software and hardware, information
 28 18 technology architecture design, and proprietary technology
 28 19 applications developed to support authorized users, to private
 28 20 vendors and to other political entities and subdivisions,
 28 21 including but not limited to states, territories,
 28 22 protectorates, and foreign countries.  The department division
 28 23 may enter into nondisclosure agreements to protect the state
 28 24 of Iowa's proprietary interests.  The provisions of chapter
 28 25 23A relating to noncompetition by state agencies and political
 28 26 subdivisions with private enterprise shall not apply to
 28 27 department division activities authorized under this
 28 28 paragraph.
 28 29    3. 2.  SERVICE CHARGES.  The department division shall
 28 30 render a statement to a participating agency or other
 28 31 governmental entity for a reasonable and necessary amount for
 28 32 information technology provided by the department division to
 28 33 such agency or entity.  An amount indicated on a statement
 28 34 rendered to a participating agency or other governmental
 28 35 entity shall be paid by such agency or entity in a manner
 29  1 determined by the department of revenue and finance.  Amounts
 29  2 charged and paid pursuant to this subsection shall be
 29  3 deposited in the operations revolving fund created in section
 29  4 14B.103.
 29  5    4. 3.  DISPUTE RESOLUTION.  If a dispute arises between the
 29  6 department division or information technology council and an
 29  7 agency for which the department division provides or refuses
 29  8 to provide information technology, the dispute shall be
 29  9 resolved as provided in section 679A.19.
 29 10    Sec. 47.  Section 14B.104, Code 2001, is amended to read as
 29 11 follows:
 29 12    14B.104  DIRECTOR ADMINISTRATOR – POWERS AND DUTIES –
 29 13 APPEALS.
 29 14    1.  DIRECTOR ADMINISTRATOR APPOINTED.  The chief
 29 15 administrative officer of the department division is the
 29 16 director administrator.  The director administrator shall be
 29 17 appointed by the governor, subject to confirmation by the
 29 18 senate director of the department of administrative services.
 29 19 The director administrator shall serve at the pleasure of the
 29 20 governor director of the department of administrative
 29 21 services.  The governor shall set the salary of the director
 29 22 within the applicable salary range established by the general
 29 23 assembly.  The director administrator shall be selected on the
 29 24 ability to administer the duties and functions granted to the
 29 25 director administrator and the department division and shall
 29 26 devote full time to the duties of the director administrator.
 29 27 If the office of director becomes vacant, the vacancy shall be
 29 28 filled in the same manner as the original appointment was
 29 29 made.
 29 30    The director administrator shall also serve as the chief
 29 31 information officer for the state.
 29 32    2.  POWERS AND DUTIES.  The director administrator of the
 29 33 department division shall do all of the following:
 29 34    a.  Plan, direct, coordinate, and execute the functions
 29 35 necessary to carry out the duties of the department division.
 30  1    b.  Provide overall supervision, direction, and
 30  2 coordination of functions of the department division.
 30  3    c.  Employ, in coordination with the director of the
 30  4 department of administrative services, personnel as necessary
 30  5 to carry out the functions vested in the department division
 30  6 consistent with chapter 19A and enhance the recruitment,
 30  7 retention, and training of professional staff.
 30  8    d.  Supervise and manage employees of the department
 30  9 division, and provide for the internal organization of the
 30 10 department division and for the allocation of functions within
 30 11 the department division consistent with section 7E.2.
 30 12    e.  Recommend to the information technology council
 30 13 director of the department of administrative services an
 30 14 annual budget for the department division.
 30 15    f.  Recommend to the information technology council rules
 30 16 deemed necessary for the implementation of this chapter and
 30 17 proper administration of the department division.
 30 18    g.  Recommend to the information technology council
 30 19 information technology standards.
 30 20    h.  Develop and implement operational policies of the
 30 21 department division and be responsible for the day-to-day
 30 22 operations of the department division.
 30 23    i.  Develop and recommend to the information technology
 30 24 council legislative proposals deemed necessary for the
 30 25 continued efficiency of department division functions, and
 30 26 review legislative proposals generated outside of the
 30 27 department division which are related to matters within the
 30 28 department's division's purview.
 30 29    j.  Provide advice to the governor on issues related to
 30 30 information technology.
 30 31    k.  Consult with agencies and other governmental entities
 30 32 on issues relating to information technology.
 30 33    l.  Work with all governmental entities in an effort to
 30 34 achieve the information technology goals established by the
 30 35 information technology council.
 31  1    3.  DELEGATION OF POWERS AND DUTIES.  Powers and duties
 31  2 vested in the director administrator may be delegated by the
 31  3 director administrator to an employee of the department
 31  4 division, but the director administrator retains the
 31  5 responsibility for an employee's acts within the scope of the
 31  6 delegation.
 31  7    4.  APPEAL OF DIRECTOR'S ADMINISTRATOR'S DECISION.  A
 31  8 decision by the director administrator may be appealed to the
 31  9 information technology council.  A person aggrieved by such
 31 10 decision of the director administrator shall provide notice of
 31 11 such appeal to the information technology council within
 31 12 thirty calendar days of the decision of the director
 31 13 administrator.  An appeal of a decision of the director
 31 14 administrator shall be treated as a contested case under
 31 15 chapter 17A.
 31 16    Sec. 48.  Section 14B.105, Code Supplement 2001, is amended
 31 17 to read as follows:
 31 18    14B.105  INFORMATION TECHNOLOGY COUNCIL – MEMBERS –
 31 19 POWERS AND DUTIES.
 31 20    1.  MEMBERSHIP.
 31 21    a.  An information technology council is established with
 31 22 the authority to oversee, in coordination with the director of
 31 23 the department of administrative services, the department
 31 24 division and information technology activities of
 31 25 participating agencies as provided in this chapter.  The
 31 26 information technology council is composed of seventeen
 31 27 members including the following:
 31 28    (1)  The director administrator of the information
 31 29 technology department division.
 31 30    (2)  The administrator of the public broadcasting division
 31 31 of the department of education.
 31 32    (3)  The chairperson of the IowAccess advisory council
 31 33 established in section 14B.201, or the chairperson's designee.
 31 34    (4)  The state technology advisor in the department of
 31 35 economic development.
 32  1    (5)  The executive director of the Iowa communications
 32  2 network, or the executive director's designee.
 32  3    (6)  Two executive branch department heads appointed by the
 32  4 governor.
 32  5    (7)  Five persons appointed by the governor who are
 32  6 knowledgeable in information technology matters.
 32  7    (8)  One person representing the judicial branch appointed
 32  8 by the chief justice of the supreme court who shall serve in
 32  9 an ex officio, nonvoting capacity.
 32 10    (9)  Four members of the general assembly with not more
 32 11 than one member from each chamber being from the same
 32 12 political party.  The two senators shall be designated by the
 32 13 president of the senate after consultation with the majority
 32 14 and minority leaders of the senate.  The two representatives
 32 15 shall be designated by the speaker of the house of
 32 16 representatives after consultation with the majority and
 32 17 minority leaders of the house of representatives.  Legislative
 32 18 members shall serve in an ex officio, nonvoting capacity.  A
 32 19 legislative member is eligible for per diem and expenses as
 32 20 provided in section 2.10.
 32 21    b.  The members appointed by the governor pursuant to
 32 22 paragraph "a", subparagraphs (3) through (7), shall serve
 32 23 four-year staggered terms as designated by the governor and
 32 24 such appointments to the information technology council are
 32 25 subject to the requirements of sections 69.16, 69.16A, and
 32 26 69.19.  Members appointed by the governor pursuant to
 32 27 paragraph "a", subparagraphs (3) through (7), shall not serve
 32 28 consecutive four-year terms.  Members appointed by the
 32 29 governor are subject to senate confirmation and shall be
 32 30 reimbursed for actual and necessary expenses incurred in
 32 31 performance of their duties.  Such members may also be
 32 32 eligible to receive compensation as provided in section 7E.6.
 32 33    The information technology council shall annually elect its
 32 34 own chairperson from among the voting members of the council
 32 35 other than the director of the information technology
 33  1 department.  A majority of the voting members of the council
 33  2 constitutes a quorum.
 33  3    2.  DUTIES.  The information technology council shall do
 33  4 all of the following:
 33  5    a.  Adopt rules in accordance with chapter 17A which are
 33  6 necessary for the exercise of the powers and duties granted by
 33  7 this chapter and the proper administration of the department
 33  8 division.
 33  9    b.  Develop recommended standards for consideration with
 33 10 respect to the procurement of information technology by all
 33 11 participating agencies.
 33 12    c.  Appoint advisory committees as appropriate to assist
 33 13 the information technology council in developing strategies
 33 14 for the use and provision of information technology and
 33 15 establishing other advisory committees as necessary to assist
 33 16 the information technology council in carrying out its duties
 33 17 under this chapter.  The number of advisory committees and
 33 18 their membership shall be determined by the information
 33 19 technology council to assure that the public and agencies and
 33 20 other governmental entities have an opportunity to comment on
 33 21 the services provided and the service goals and objectives of
 33 22 the department division.
 33 23    d.  Prepare and annually update a strategic information
 33 24 technology plan for the use of information technology
 33 25 throughout state government.  The plan shall promote
 33 26 participation in cooperative projects with other governmental
 33 27 entities.  The plan shall establish a mission, goals, and
 33 28 objectives for the use of information technology, including
 33 29 goals for electronic access to public records, information,
 33 30 and services.  The plan shall be submitted annually to the
 33 31 governor and the general assembly.
 33 32    e.  Review and recommend to the general assembly director
 33 33 of the department of administrative services, as deemed
 33 34 appropriate by the information technology council, legislative
 33 35 proposals recommended by the director administrator, or other
 34  1 legislative proposals as developed and deemed necessary by the
 34  2 information technology council.
 34  3    f.  Review the recommendations of the IowAccess advisory
 34  4 council regarding rates to be charged for access to and for
 34  5 value-added services performed through IowAccess.  The
 34  6 information technology council shall report the establishment
 34  7 of a new rate or change in the level of an existing rate to
 34  8 the department of management, and the department of management
 34  9 shall notify the legislative fiscal bureau regarding the rate
 34 10 establishment or change.
 34 11    g.  Review and approve, as deemed appropriate by the
 34 12 information technology council, the annual budget
 34 13 recommendation for the department as proposed by the director.
 34 14    3.  WAIVER.  The information technology council, upon the
 34 15 written request of a participating agency and for good cause
 34 16 shown, may grant a waiver from a requirement otherwise
 34 17 applicable to a participating agency relating to an
 34 18 information technology standard established by the information
 34 19 technology council.
 34 20    4.  FINAL AGENCY ACTION.  A decision by the council is a
 34 21 final agency action as provided under chapter 17A and an
 34 22 appeal of the decision shall be made directly to the district
 34 23 court.  Any party to a contested case may appeal the decision
 34 24 to the district court.
 34 25    Sec. 49.  Section 14B.109, subsection 1, Code Supplement
 34 26 2001, is amended to read as follows:
 34 27    1.  Notwithstanding the provisions of this section, the
 34 28 information technology department and the department of
 34 29 general services shall enter into an interagency agreement
 34 30 regarding director of the department of administrative
 34 31 services shall establish the division of responsibilities
 34 32 between the departments information technology division and
 34 33 the general services division associated with the procurement
 34 34 of information technology which is acceptable to both
 34 35 departments.  The interagency agreement shall be subject to
 35  1 renegotiation at least every two years, unless an earlier time
 35  2 is provided for in the interagency agreement.  If the
 35  3 departments are unable to agree on the terms of an interagency
 35  4 agreement or upon a failure of either department to satisfy
 35  5 the terms of the agreement, the departments shall inform the
 35  6 department of management that an agreement has not been
 35  7 reached or that one of the departments has failed to satisfy
 35  8 the terms of the agreement.  The department of management,
 35  9 upon receipt and review of such information, may direct the
 35 10 information technology department to proceed with the
 35 11 procurement of information technology as provided in
 35 12 subsections 2 through 5.
 35 13    Sec. 50.  Section 18.1, Code 2001, is amended to read as
 35 14 follows:
 35 15    18.1  DEFINITIONS.
 35 16    When used in this chapter, unless the context otherwise
 35 17 requires:
 35 18    1.  "Administrator" means the administrator of the physical
 35 19 resources division.
 35 20    1. 2.  "Bid specification" means the standards or qualities
 35 21 which must be met before a contract to purchase will be
 35 22 awarded and any terms which the director has set as a
 35 23 condition precedent to the awarding of a contract.
 35 24    2. 3.  "Competitive bidding procedure" means the
 35 25 advertisement for, solicitation of, or the procurement of
 35 26 bids; the manner and condition in which bids are received; and
 35 27 the procedure by which bids are opened, accessed, accepted,
 35 28 rejected, or awarded.  A "competitive bidding procedure" may
 35 29 include a transaction accomplished in an electronic format.
 35 30    3.  "Department" means the department of general services.
 35 31    4.  "Director" means the director of the department of
 35 32 general services or the director's designee.  "Division" means
 35 33 the physical resources division created in section 8A.301.
 35 34    5.  "Governmental subdivision" means a county, city, school
 35 35 district, or combination thereof.
 36  1    6.  "State agency" means an executive board, commission,
 36  2 bureau, division, office, or department of the state.
 36  3    7.  "State buildings and grounds" excludes any building
 36  4 under the custody and control of the Iowa public employees'
 36  5 retirement system.
 36  6    Sec. 51.  Section 18.2, Code 2001, is amended to read as
 36  7 follows:
 36  8    18.2  DEPARTMENT DIVISION ESTABLISHED.
 36  9    There is created a department of general services which is
 36 10 attached to the office of the governor and is under the
 36 11 governor's general direction, supervision, and control A
 36 12 physical resources division is created within the department
 36 13 of administrative services.  The governor director of the
 36 14 department of administrative services shall appoint the
 36 15 director, subject to confirmation by the senate administrator.
 36 16 The director administrator shall not hold any other office,
 36 17 engage in political activity, accept or solicit, directly or
 36 18 indirectly, political contributions, and shall not use the
 36 19 office to support the candidacy of anyone for elective or
 36 20 appointive office.  The director shall hold office at the
 36 21 governor's pleasure and shall receive a salary as fixed by the
 36 22 general assembly.  Before entering upon the discharge of the
 36 23 director's administrator's duties, the director administrator
 36 24 may be required to give a surety bond in an amount fixed by
 36 25 the governor.  The premium on the bond shall be paid out of
 36 26 funds appropriated to the department division.
 36 27    The director must be a qualified administrator.
 36 28    Sec. 52.  Section 18.74, Code 2001, is amended to read as
 36 29 follows:
 36 30    18.74  APPOINTMENT.
 36 31    The director administrator of the department of general
 36 32 services physical resources division shall appoint the state
 36 33 printing administrator bureau chief to administer this
 36 34 division article.  The administrator bureau chief shall serve
 36 35 at the pleasure of the director administrator and is not
 37  1 subject to the merit system provisions of chapter 19A.
 37  2    Sec. 53.  Section 18.115, unnumbered paragraph 1, Code
 37  3 2001, is amended to read as follows:
 37  4    The director administrator of the department of general
 37  5 services physical resources division shall appoint a state
 37  6 fleet administrator bureau chief and other employees as
 37  7 necessary to administer this division article.  The state
 37  8 fleet administrator bureau chief shall serve at the pleasure
 37  9 of the director administrator and is not governed by the merit
 37 10 system provisions of chapter 19A.  Subject to the approval of
 37 11 the director administrator, the state fleet administrator
 37 12 bureau chief has the following duties:
 37 13    Sec. 54.  Section 19A.1, Code Supplement 2001, is amended
 37 14 to read as follows:
 37 15    19A.1  CREATION OF DEPARTMENT OF PERSONNEL HUMAN RESOURCES
 37 16 DIVISION – RESPONSIBILITIES.
 37 17    1.  A department of personnel human resources division
 37 18 within the department of administrative services is created.
 37 19    2.  The department division is the central agency
 37 20 responsible for state personnel human resources management,
 37 21 including the following:
 37 22    a.  Policy and program development, workforce planning, and
 37 23 research.
 37 24    b.  Employment activities and transactions, including
 37 25 recruitment, examination, and certification of personnel
 37 26 seeking employment or promotion.
 37 27    c.  Compensation and benefits, including position
 37 28 classification, wages and salaries, and employee benefits.
 37 29 Employee benefits include, but are not limited to, group
 37 30 medical, dental, life, and long-term disability insurance,
 37 31 workers' compensation, unemployment benefits, sick leave,
 37 32 deferred compensation, holidays and vacations, tuition
 37 33 reimbursement, and educational leaves.  Employee benefits also
 37 34 include the Iowa department of public safety peace officers'
 37 35 retirement, accident, and disability system and the Iowa
 38  1 public employees' retirement system, which are maintained as
 38  2 distinct and independent systems within the department
 38  3 division.
 38  4    d.  Equal employment opportunity, affirmative action, and
 38  5 workforce diversity programs.
 38  6    e.  Education, training, and workforce development
 38  7 programs.
 38  8    f.  Personnel records and administration, including the
 38  9 audit of all personnel-related documents.
 38 10    g.  Employment relations, including the negotiation and
 38 11 administration of collective bargaining agreements on behalf
 38 12 of the executive branch of the state and its departments and
 38 13 agencies as provided in chapter 20.  However, the state board
 38 14 of regents, for the purposes of implementing and administering
 38 15 collective bargaining pursuant to chapter 20, shall act as the
 38 16 exclusive representative of the state with respect to its
 38 17 faculty, scientific, and other professional staff.
 38 18    h.  The coordination and management of the state's human
 38 19 resource information system, except as otherwise required for
 38 20 those employees governed by chapter 262.
 38 21    3.  The following part-time boards and commissions are
 38 22 within the department division:
 38 23    a.  The board of trustees of the public safety peace
 38 24 officers' retirement, accident, and disability system, created
 38 25 by section 97A.5.
 38 26    b.  The investment board of the Iowa public employees'
 38 27 retirement system created by section 97B.8.
 38 28    c.  The equal opportunity in employment task force created
 38 29 pursuant to executive order, or its successor.
 38 30    4.  Specific powers and duties of the department division,
 38 31 its director administrator, and the boards and commissions
 38 32 within the department division are set forth in this chapter,
 38 33 chapters 70A, 97A, 97B, and other provisions of law.  Section
 38 34 8.23 applies to the department division.
 38 35    5.  The personnel management powers and duties of the
 39  1 department do not extend to the legislative branch or the
 39  2 judicial branch of state government, except for functions
 39  3 related to administering compensation and benefit programs.
 39  4    Sec. 55.  Section 19A.1A, Code 2001, is amended to read as
 39  5 follows:
 39  6    19A.1A  DIRECTOR OF DEPARTMENT DIVISION ADMINISTRATOR.
 39  7    1.  The chief administrative officer of the department
 39  8 division is the director administrator.  The director
 39  9 administrator shall be appointed by the governor, subject to
 39 10 confirmation by the senate director of the department of
 39 11 administrative services.  The director administrator serves at
 39 12 the pleasure of the governor and is subject to reconfirmation
 39 13 after four years in office director of the department of
 39 14 administrative services.  The person appointed shall be
 39 15 professionally qualified by education and experience in the
 39 16 field of public personnel administration, including the
 39 17 application of merit principles in public employment, and the
 39 18 appointment shall be made without regard for political
 39 19 affiliation.  The director administrator shall not be a member
 39 20 of any local, state, or national committee of a political
 39 21 party, an officer or member of a committee in any partisan
 39 22 political club or organization, or hold or be a candidate for
 39 23 a paid elective public office.  The director administrator is
 39 24 subject to the restrictions on political activity provided in
 39 25 section 19A.18.  The governor shall set the salary of the
 39 26 director within a range established by the general assembly.
 39 27    2.  The director administrator shall plan, direct,
 39 28 coordinate, and execute the powers, duties, and functions of
 39 29 the department division.  The director's administrator's
 39 30 powers and duties include those specifically set forth in this
 39 31 chapter and other provisions of law.
 39 32    3.  The director administrator may establish by rule
 39 33 divisions bureaus and other subunits as necessary for the
 39 34 organization of the department division.  The director
 39 35 administrator may also establish regional field offices
 40  1 staffed by employees of the department division or the
 40  2 executive departments in which they are located.  The
 40  3 functions and staffs of the regional offices are subject to
 40  4 policies set by the director administrator.
 40  5    4.  Reduction in force appeals shall be subject to review
 40  6 by the director administrator.
 40  7    Sec. 56.  Section 19A.2, Code 2001, is amended to read as
 40  8 follows:
 40  9    19A.2  DEFINITIONS.
 40 10    When used in this chapter, unless the context otherwise
 40 11 requires:
 40 12    1.  "Administrator" means the administrator of the human
 40 13 resources division.
 40 14    2.  "Appointing authority" means the chairperson or person
 40 15 in charge of any agency of the state government including, but
 40 16 not limited to, boards, bureaus, commissions, and departments,
 40 17 or an employee designated to act for an appointing authority.
 40 18    2.  "Department" means the department of personnel.
 40 19    3.  "Director" "Division" means the director of the
 40 20 department of personnel human resources division created in
 40 21 section 8A.401.
 40 22    4.  "Merit system" means the merit system established under
 40 23 this chapter.
 40 24    Sec. 57.  Section 19A.8, Code Supplement 2001, is amended
 40 25 to read as follows:
 40 26    19A.8  DIRECTOR'S ADMINISTRATOR'S DUTIES.
 40 27    The director administrator, as executive head of the
 40 28 department division, shall direct and supervise all of the
 40 29 administrative and technical activities of the department
 40 30 division.  In addition to the duties imposed by the director
 40 31 administrator elsewhere in this chapter, it shall be the
 40 32 director's administrator's duty:
 40 33    1.  To apply and carry out this law and the rules adopted
 40 34 thereunder.
 40 35    2.  To establish and maintain a list of all employees in
 41  1 the executive branch of state government in which there shall
 41  2 be set forth, as to each employee, the class title, pay,
 41  3 status, and other pertinent data.  For employees governed by
 41  4 chapter 262, the director administrator shall work
 41  5 collaboratively with the state board of regents to collect
 41  6 such information.
 41  7    3.  To appoint, in coordination with the director of the
 41  8 department of administrative services, such employees of the
 41  9 department division and such experts and special assistants as
 41 10 may be necessary to carry out effectively the provisions of
 41 11 this chapter.  Staff employees shall be appointed in
 41 12 accordance with the provisions of this chapter.
 41 13    4.  To foster and develop, in cooperation with appointing
 41 14 authorities and others, programs for the improvement of
 41 15 employee effectiveness, including training, safety, health,
 41 16 counseling, and welfare.
 41 17    5.  To encourage and exercise leadership in the development
 41 18 of effective personnel administration within the several
 41 19 departments of state government, and to make available the
 41 20 facilities of the department of personnel division to this
 41 21 end.
 41 22    6.  To investigate the operation and effect of this chapter
 41 23 and of the rules made under it and to report annually the
 41 24 director's administrator's findings and recommendations to the
 41 25 director of the department of administrative services and to
 41 26 the governor.
 41 27    7.  To make an annual, in coordination with the director of
 41 28 the department of administrative services, a report, not less
 41 29 than annually, to the director of the department of
 41 30 administrative services for submission to the governor
 41 31 regarding the work of the department division and special
 41 32 reports as the director administrator considers desirable.
 41 33    8.  To perform any other lawful acts which the director
 41 34 administrator may consider necessary or desirable to carry out
 41 35 the purposes and provisions of this chapter.
 42  1    The director administrator shall designate an employee of
 42  2 the department division to act for the director administrator
 42  3 in the director's administrator's absence or inability from
 42  4 any cause to discharge the powers and duties of this office.
 42  5    The director administrator may delegate any or all aspects
 42  6 of the recruitment, examination, and selection processes to an
 42  7 agency in the executive branch upon request by that agency.
 42  8 The director administrator shall oversee all activities
 42  9 delegated to that agency.
 42 10    The director administrator shall utilize appropriate
 42 11 persons, including officers and employees in the executive
 42 12 branch of state government, to assist in the recruitment and
 42 13 examination of applicants for employment.  These officers and
 42 14 employees are not entitled to extra pay for their services,
 42 15 but shall be paid their necessary traveling and other
 42 16 expenses.
 42 17    The director administrator shall quarterly render a
 42 18 statement to each department or agency which operates in whole
 42 19 or in part from other than general fund appropriations for a
 42 20 pro rata share of the cost of administration of the department
 42 21 of personnel division.  The expense shall be paid by the state
 42 22 department or agency in the same manner as other expenses of
 42 23 that department or agency are paid and all moneys received
 42 24 shall be deposited in the general fund of the state.
 42 25    The director administrator shall render monthly a statement
 42 26 to each state department or agency for a pro rata share of the
 42 27 cost of administration of the state employee flexible spending
 42 28 accounts.  The expense shall be paid by the state department
 42 29 or agency in the same manner as other expenses of that state
 42 30 department or agency are paid and all moneys received for
 42 31 administration costs shall be deposited in the appropriate
 42 32 fund.
 42 33    Sec. 58.  Section 25.2, subsections 4 and 5, Code 2001, are
 42 34 amended to read as follows:
 42 35    4.  Notwithstanding the provisions of this section, the
 43  1 director of revenue and finance the department of
 43  2 administrative services may reissue outdated warrants.
 43  3    5.  On or before November 1 of each year, the director of
 43  4 revenue and finance the department of administrative services
 43  5 shall provide the treasurer of state with a report of all
 43  6 unpaid warrants which have been outdated for two years or
 43  7 more.  The treasurer shall include information regarding
 43  8 outdated warrants in the notice published pursuant to section
 43  9 556.12.  An agreement to pay compensation to recover or assist
 43 10 in the recovery of an outdated warrant made within twenty-four
 43 11 months after the date the warrant becomes outdated is
 43 12 unenforceable.  However, an agreement made after twenty-four
 43 13 months from the date the warrant becomes outdated is valid if
 43 14 the fee or compensation agreed upon is not more than fifteen
 43 15 percent of the recoverable property, the agreement is in
 43 16 writing and signed by the payee, and the writing discloses the
 43 17 nature and value of the property and the name and address of
 43 18 the person in possession.  This section does not apply to a
 43 19 payee who has a bona fide fee contract with a practicing
 43 20 attorney regulated under chapter 602, article 10.
 43 21    Sec. 59.  Section 29A.13, Code 2001, is amended to read as
 43 22 follows:
 43 23    29A.13  APPROPRIATED FUNDS.
 43 24    Operating expenses for the national guard including the
 43 25 purchase of land, maintenance of facilities, improvement of
 43 26 state military reservations, installations, and weapons firing
 43 27 ranges owned or leased by the state of Iowa or the United
 43 28 States shall be paid from funds appropriated for the support
 43 29 and maintenance of the national guard.  Claims for payment of
 43 30 such expenses shall be subject to the approval of the adjutant
 43 31 general.  Upon approval of the adjutant general the claim
 43 32 shall be submitted to the director of revenue and finance the
 43 33 department of administrative services in accordance with the
 43 34 procedures established by the director of revenue and finance
 43 35 the department of administrative services under chapter 421
 44  1 8A.
 44  2    Payment for personnel compensation and authorized benefits
 44  3 shall be approved by the adjutant general prior to submission
 44  4 to the director of revenue and finance the department of
 44  5 administrative services for payment.
 44  6    Sec. 60.  Section 56.3A, Code 2001, is amended to read as
 44  7 follows:
 44  8    56.3A  FUNDS FROM UNKNOWN SOURCE – ESCHEAT.
 44  9    The expenditure of funds from an unknown or unidentifiable
 44 10 source received by a candidate or committee is prohibited.
 44 11 Such funds received by a candidate or committee shall escheat
 44 12 to the state.  Any candidate or committee receiving such
 44 13 contributions shall remit such contributions to the director
 44 14 of revenue and finance the department of administrative
 44 15 services for deposit in the general fund of the state.
 44 16 Persons requested to make a contribution at a fundraising
 44 17 event shall be advised that it is illegal to make a
 44 18 contribution in excess of ten dollars unless the person making
 44 19 the contribution also provides the person's name and address.
 44 20    Sec. 61.  Section 56.20, Code 2001, is amended to read as
 44 21 follows:
 44 22    56.20  RULES PROMULGATED.
 44 23    The director of revenue and finance, in co-operation with
 44 24 the director of the department of management, the director of
 44 25 the department of administrative services, and the ethics and
 44 26 campaign disclosure board, shall administer the provisions of
 44 27 sections 56.18 to 56.26 and they shall promulgate all
 44 28 necessary rules in accordance with chapter 17A.
 44 29    Sec. 62.  Section 56.22, subsection 1, Code 2001, is
 44 30 amended to read as follows:
 44 31    1.  The money accumulated in the Iowa election campaign
 44 32 fund to the account of each political party in the state shall
 44 33 be remitted to the party on the first business day of each
 44 34 month by warrant of the director of revenue and finance the
 44 35 department of administrative services drawn upon the fund in
 45  1 favor of the state chairperson of that party. The money
 45  2 received by each political party under this section shall be
 45  3 used as directed by the party's state statutory political
 45  4 committee.
 45  5    Sec. 63.  Section 68B.2, subsection 23, Code 2001, is
 45  6 amended to read as follows:
 45  7    23.  "Regulatory agency" means the department of
 45  8 agriculture and land stewardship, department of workforce
 45  9 development, department of commerce, Iowa department of public
 45 10 health, department of public safety, department of education,
 45 11 state board of regents, department of human services,
 45 12 department of revenue and finance, department of inspections
 45 13 and appeals, department of personnel administrative services,
 45 14 public employment relations board, state department of
 45 15 transportation, civil rights commission, department of public
 45 16 defense, and department of natural resources.
 45 17    Sec. 64.  Section 96.11, subsection 15, Code Supplement
 45 18 2001, is amended to read as follows:
 45 19    15.  REIMBURSEMENT OF SETOFF COSTS.  The department shall
 45 20 include in the amount set off in accordance with section
 45 21 421.17, subsection 29 8A.504, for the collection of an
 45 22 overpayment created pursuant to section 96.3, subsection 7, or
 45 23 section 96.16, subsection 4, an additional amount for the
 45 24 reimbursement of setoff costs incurred by the department of
 45 25 revenue and finance administrative services.
 45 26    Sec. 65.  Section 97B.7, subsection 2, as amended by 2001
 45 27 Iowa Acts, chapter 68, section 10, is amended to read as
 45 28 follows:
 45 29    2.  The treasurer of the state of Iowa is hereby made the
 45 30 custodian of the retirement fund and shall hold and disburse
 45 31 the retirement fund in accordance with the requirements of
 45 32 this chapter.  As custodian, the treasurer shall be authorized
 45 33 to disburse moneys in the retirement fund upon warrants drawn
 45 34 by the director of revenue and finance the department of
 45 35 administrative services pursuant to the order of the division.
 46  1 The treasurer shall not select any bank or other third party
 46  2 for the purposes of investment asset safekeeping, other
 46  3 custody, or settlement services without prior consultation
 46  4 with the board.
 46  5    Sec. 66.  Section 217.34, Code 2001, is amended to read as
 46  6 follows:
 46  7    217.34  DEBT SETOFF.
 46  8    The investigations division of the department of
 46  9 inspections and appeals and the department of human services
 46 10 shall provide assistance to set off against a person's or
 46 11 provider's income tax refund or rebate any debt which has
 46 12 accrued through written contract, subrogation, departmental
 46 13 recoupment procedures, or court judgment and which is in the
 46 14 form of a liquidated sum due and owing the department of human
 46 15 services.  The department of inspections and appeals, with
 46 16 approval of the department of human services, shall adopt
 46 17 rules under chapter 17A necessary to assist the department of
 46 18 revenue and finance in the implementation of the setoff under
 46 19 section 421.17, subsection 21 and the department of
 46 20 administrative services under section 8A.504 in regard to
 46 21 money owed to the state for public assistance overpayments.
 46 22 The department of human services shall adopt rules under
 46 23 chapter 17A necessary to assist the department of revenue and
 46 24 finance in the implementation of the setoff under section
 46 25 421.17, subsection 21, and the department of administrative
 46 26 services under section 8A.504 in regard to collections by the
 46 27 child support recovery unit and the foster care recovery unit.
 46 28    Sec. 67.  Section 218.58, subsection 5, Code 2001, is
 46 29 amended to read as follows:
 46 30    5.  A claim for payment relating to a project shall be
 46 31 itemized on a voucher form pursuant to section 421.40 8A.514,
 46 32 certified by the claimant and the architect or engineer in
 46 33 charge, and audited and approved by the department of general
 46 34 services physical resources division.  Upon approval by the
 46 35 department of general services physical resources division,
 47  1 the voucher shall be forwarded to the director of revenue and
 47  2 finance the department of administration services, who shall
 47  3 draw a warrant to be paid by the treasurer of state from funds
 47  4 appropriated for the project.  A partial payment made before
 47  5 completion of the project does not constitute final acceptance
 47  6 of the work or a waiver of any defect in the work.
 47  7    Sec. 68.  Section 218.85, Code 2001, is amended to read as
 47  8 follows:
 47  9    218.85  UNIFORM SYSTEM OF ACCOUNTS.
 47 10    The director of human services through the administrators
 47 11 in control of the institutions shall install in all the
 47 12 institutions the most modern, complete, and uniform system of
 47 13 accounts, records, and reports possible.  The system shall be
 47 14 prescribed by the director of revenue and finance the
 47 15 department of administrative services as authorized in section
 47 16 421.31 8A.503, subsection 10 13, and, among other matters,
 47 17 shall clearly show the detailed facts relative to the handling
 47 18 and uses of all purchases.
 47 19    Sec. 69.  Section 218.100, Code 2001, is amended to read as
 47 20 follows:
 47 21    218.100  CENTRAL WAREHOUSE AND SUPPLY DEPOT.
 47 22    The department of human services shall establish a fund for
 47 23 maintaining and operating a central warehouse as a supply
 47 24 depot and distribution facility for surplus government
 47 25 products, carload canned goods, paper products, other staples
 47 26 and such other items as determined by the department.  The
 47 27 fund shall be permanent and shall be composed of the receipts
 47 28 from the sales of merchandise, recovery of handling, operating
 47 29 and delivery charges of such merchandise and from the funds
 47 30 contributed by the institutions now in a contingent fund being
 47 31 used for this purpose.  All claims for purchases of
 47 32 merchandise, operating and salary expenses shall be subject to
 47 33 the provisions of sections 218.86 to 218.89 218.88.
 47 34    Sec. 70.  Section 234.8, Code 2001, is amended to read as
 47 35 follows:
 48  1    234.8  FEES FOR CHILD WELFARE SERVICES.
 48  2    The department of human services may charge a fee for child
 48  3 welfare services to a person liable for the cost of the
 48  4 services.  The fee shall not exceed the reasonable cost of the
 48  5 services.  The fee shall be based upon the person's ability to
 48  6 pay and consideration of the fee's impact upon the liable
 48  7 person's family and the goals identified in the case
 48  8 permanency plan.  The department may assess the liable person
 48  9 for the fee and the means of recovery shall include a setoff
 48 10 against an amount owed by a state agency to the person
 48 11 assessed pursuant to section 421.17, subsection 29 8A.504.  In
 48 12 addition the department may establish an administrative
 48 13 process to recover the assessment through automatic income
 48 14 withholding.  The department shall adopt rules pursuant to
 48 15 chapter 17A to implement the provisions of this section.  This
 48 16 section does not apply to court-ordered services provided to
 48 17 juveniles which are a charge upon the state pursuant to
 48 18 section 232.141 and services for which the department has
 48 19 established a support obligation pursuant to section 234.39.
 48 20    Sec. 71.  Section 236.15B, unnumbered paragraph 5, Code
 48 21 2001, is amended to read as follows:
 48 22    The department of revenue and finance shall consult the
 48 23 crime victim assistance board concerning the adoption of rules
 48 24 to implement this section.  However, before a checkoff
 48 25 pursuant to this section shall be permitted, all liabilities
 48 26 on the books of the department of revenue and finance
 48 27 administrative services and accounts identified as owing under
 48 28 section 421.17 8A.504 and the political contribution allowed
 48 29 under section 56.18 shall be satisfied.
 48 30    Sec. 72.  Section 298.14, unnumbered paragraph 3, Code
 48 31 2001, is amended to read as follows:
 48 32    The At the request of the director of revenue and finance,
 48 33 the department of administrative services shall draw warrants
 48 34 in payment of the surtaxes collected in each school district.
 48 35 Warrants shall be payable in two installments to be paid on
 49  1 approximately the first day of December and the first day of
 49  2 February following collection of the taxes and shall be
 49  3 delivered to the respective school districts.
 49  4    Sec. 73.  Section 304.3, subsections 4, 8, and 9, Code
 49  5 2001, are amended to read as follows:
 49  6    4.  The director of revenue and finance administrator of
 49  7 the financial management division of the department of
 49  8 administrative services.
 49  9    8.  The director administrator of the department of general
 49 10 services physical resources division of the department of
 49 11 administrative services.
 49 12    9.  The director administrator of the information
 49 13 technology division of the department of administrative
 49 14 services.
 49 15    Sec. 74.  Section 304A.21, subsection 3, Code 2001, is
 49 16 amended to read as follows:
 49 17    3.  "Department" "Division" means the department of general
 49 18 services physical resources division of the department of
 49 19 administrative services.
 49 20    Sec. 75.  Section 304A.25, Code 2001, is amended to read as
 49 21 follows:
 49 22    304A.25  REVIEW AND DETERMINATION AS TO QUALIFICATION FOR
 49 23 INDEMNITY COVERAGE.
 49 24    1.  Every application received by the administrator shall
 49 25 be submitted to the department of general services division
 49 26 which shall review the application and determine whether the
 49 27 applicant qualifies for indemnity coverage under this
 49 28 division.  The criteria for qualification shall be prescribed
 49 29 by rule of the department of general services division and
 49 30 shall include but are not limited to:
 49 31    a.  Physical security of the applicant's exhibition
 49 32 facilities and of the means of transportation of the items.
 49 33    b.  Experience and qualifications of the applicant's
 49 34 director, curator, registrar, or other staff.
 49 35    c.  Eligibility of the applicant's exhibition facilities
 50  1 for commercial insurance coverage of art objects and artifacts
 50  2 exhibited there.
 50  3    d.  Availability of proper equipment to protect art objects
 50  4 and artifacts from damage from extremes of temperature or
 50  5 humidity or exposure to glare, dust, or corrosion.
 50  6    2.  The department division may consult with experts as
 50  7 necessary to carry out its duties under this section.
 50  8    3.  If the department of general services division is not
 50  9 staffed for risk management, the department division shall
 50 10 utilize the services of a consultant in carrying out the
 50 11 department's division's duties under this chapter.
 50 12    Sec. 76.  Section 304A.26, subsection 1, Code 2001, is
 50 13 amended to read as follows:
 50 14    1.  If the department of general services division
 50 15 determines that the applicant qualifies for indemnity
 50 16 coverage, the administrator shall review and determine the
 50 17 validity of other portions of the application, including the
 50 18 eligibility of items for which coverage by an indemnity
 50 19 agreement is sought and the estimated value of those items.
 50 20    Sec. 77.  Section 304A.29, Code 2001, is amended to read as
 50 21 follows:
 50 22    304A.29  CLAIMS.
 50 23    1.  Claims for losses covered by indemnity agreements under
 50 24 this division sections 304A.21 through 304A.30 shall be
 50 25 submitted to the department of general services division which
 50 26 shall review the claims.  If the department division
 50 27 determines that the loss is covered by the agreement, the
 50 28 department division shall certify the validity of the claim
 50 29 and authorize payment of the amount of loss, less any
 50 30 deductible portion, to the lender.
 50 31    2.  The department division shall prescribe rules providing
 50 32 for prompt adjustment of valid claims.  The rules shall
 50 33 include provisions for the employment of consultants and for
 50 34 the arbitration of issues relating to the dollar value of
 50 35 damages involving less than total loss or destruction of
 51  1 covered items.
 51  2    3.  The authorization for payment shall be forwarded to the
 51  3 director of revenue and finance the department of
 51  4 administrative services, who shall issue a warrant for payment
 51  5 of the claim from the state general fund out of any funds not
 51  6 otherwise appropriated.
 51  7    Sec. 78.  Section 331.552, subsection 5, Code Supplement
 51  8 2001, is amended to read as follows:
 51  9    5.  Account for, report, and pay into the state treasury
 51 10 any money, property, or securities received on behalf of the
 51 11 state as provided in sections 421.32 to 421.34 8A.506 through
 51 12 8A.508.
 51 13    Sec. 79.  Section 405A.10, Code 2001, is amended to read as
 51 14 follows:
 51 15    405A.10  FRANCHISE TAX REVENUE ALLOCATION.
 51 16    For the fiscal year beginning July 1, 1997, and each
 51 17 subsequent fiscal year, there is appropriated from the general
 51 18 fund of the state to the department of revenue and finance the
 51 19 sum of eight million eight hundred thousand dollars which
 51 20 shall be paid quarterly on warrants by the director of the
 51 21 department of administrative services as allocated pursuant to
 51 22 section 422.65.
 51 23    Sec. 80.  Section 421.17, subsections 28, 29, 30, and 33,
 51 24 Code Supplement 2001, are amended by striking the subsections.
 51 25    Sec. 81.  Section 422.20, subsection 3, unnumbered
 51 26 paragraph 1, Code 2001, is amended to read as follows:
 51 27    Unless otherwise expressly permitted by section 421.17,
 51 28 subsections 21, 22, 22A, 23, 25, 29, and 32, sections 8A.504,
 51 29 252B.9, 421.19, 421.28, 422.72, and 452A.63, and this section,
 51 30 a tax return, return information, or investigative or audit
 51 31 information shall not be divulged to any person or entity,
 51 32 other than the taxpayer, the department, or internal revenue
 51 33 service for use in a matter unrelated to tax administration.
 51 34    Sec. 82.  Section 422.72, subsection 3, unnumbered
 51 35 paragraph 1, Code 2001, is amended to read as follows:
 52  1    Unless otherwise expressly permitted by section 421.17,
 52  2 subsections 21, 22, 22A, 23, 25, 29, and 32, sections 8A.504,
 52  3 252B.9, 421.19, 421.28, 422.20, and 452A.63, and this section,
 52  4 a tax return, return information, or investigative or audit
 52  5 information shall not be divulged to any person or entity,
 52  6 other than the taxpayer, the department, or internal revenue
 52  7 service for use in a matter unrelated to tax administration.
 52  8    Sec. 83.  Section 425.1, subsection 1, Code 2001, is
 52  9 amended to read as follows:
 52 10    1.  A homestead credit fund is created.  There is
 52 11 appropriated annually from the general fund of the state to
 52 12 the department of revenue and finance to be credited to the
 52 13 homestead credit fund, an amount sufficient to implement this
 52 14 chapter.
 52 15    The director of revenue and finance the department of
 52 16 administrative services shall issue warrants on the homestead
 52 17 credit fund payable to the county treasurers of the several
 52 18 counties of the state under this chapter.
 52 19    Sec. 84.  Section 452A.77, unnumbered paragraph 1, Code
 52 20 2001, is amended to read as follows:
 52 21    All fees, taxes, interest and penalties imposed under this
 52 22 chapter must be paid to the department of revenue and finance
 52 23 or the state department of transportation, whichever is
 52 24 responsible for the collection.  The appropriate state agency
 52 25 shall transmit each payment daily to the treasurer of state.
 52 26 Such payments shall be deposited by the treasurer of state in
 52 27 a fund, hereby created, within the state treasury which shall
 52 28 be known as the "motor fuel tax fund," the net proceeds of
 52 29 which fund, after deductions by lawful transfers and refunds,
 52 30 shall be known as the "motor vehicle fuel tax fund".  The
 52 31 department of revenue and finance and the state department of
 52 32 transportation shall certify monthly to the director of
 52 33 revenue and finance amounts of refunds of tax approved during
 52 34 each month, and the director of revenue and finance the
 52 35 department of administrative services shall draw warrants in
 53  1 such amounts on the motor fuel tax fund and transmit them.
 53  2 There is hereby appropriated out of the money received under
 53  3 the provisions of this chapter and deposited in the motor fuel
 53  4 tax fund sufficient funds to pay such refunds as may be
 53  5 authorized in this chapter.
 53  6    Sec. 85.  Section 602.8102, subsection 4, Code Supplement
 53  7 2001, is amended to read as follows:
 53  8    4.  Upon the death of a judge or magistrate of the district
 53  9 court, give written notice to the department of management and
 53 10 the department of revenue and finance administrative services
 53 11 of the date of death.  The clerk shall also give written
 53 12 notice of the death of a justice of the supreme court, a judge
 53 13 of the court of appeals, or a judge or magistrate of the
 53 14 district court who resides in the clerk's county to the state
 53 15 commissioner of elections, as provided in section 46.12.
 53 16    Sec. 86.  Sections 14B.106, 14B.107, 218.89, 421.6, 421.31,
 53 17 421.32, 421.33, 421.34, 421.35, 421.36, 421.37, 421.38,
 53 18 421.39, 421.40, 421.41, 421.42, 421.43, 421.44, and 421.45,
 53 19 Code 2001, are repealed.
 53 20    Sec. 87.  AMENDMENTS CHANGING TERMINOLOGY – DIRECTIVE TO
 53 21 CODE EDITOR.  Except as otherwise provided in this Act:
 53 22    1.  a.  The Iowa Code editor is directed to strike the
 53 23 words "information technology department" and insert the words
 53 24 "information technology division of the department of
 53 25 administrative services" wherever the words "information
 53 26 technology department" appear in the Iowa Code unless a
 53 27 contrary intent is clearly evident.
 53 28    b.  The Iowa Code editor is directed to strike the word
 53 29 "department" and insert the word "division" wherever the word
 53 30 "department" appears in Iowa Code chapter 14B and refers to
 53 31 the information technology department unless a contrary intent
 53 32 is clearly evident.
 53 33    c.  The Iowa Code editor is directed to strike the words
 53 34 "director of the information technology department" or
 53 35 "information technology department director" and insert the
 54  1 words "administrator of the information technology division of
 54  2 the department of administrative services" wherever the words
 54  3 "director of the information technology department" or
 54  4 "information technology department director" appear in the
 54  5 Iowa Code unless a contrary intent is clearly evident.
 54  6    d.  The Iowa Code editor is directed to strike the word
 54  7 "director" and insert the word "administrator" wherever the
 54  8 word "director" appears in Iowa Code chapter 14B and refers to
 54  9 the director of the information technology department unless a
 54 10 contrary intent is clearly evident.
 54 11    2.  a.  The Iowa Code editor is directed to strike the
 54 12 words "department of general services" and insert the words
 54 13 "physical resources division of the department of
 54 14 administrative services" wherever the words "department of
 54 15 general services" appear in the Iowa Code unless a contrary
 54 16 intent is clearly evident.
 54 17    b.  The Iowa Code editor is directed to strike the word
 54 18 "department" and insert the word "division" wherever the word
 54 19 "department" appears in Iowa Code chapter 18 and refers to the
 54 20 department of general services unless a contrary intent is
 54 21 clearly evident.
 54 22    c.  The Iowa Code editor is directed to strike the words
 54 23 "director of the department of general services" or "general
 54 24 services department director" and insert the words
 54 25 "administrator of the physical resources division of the
 54 26 department of administrative services" wherever the words
 54 27 "director of the department of general services" or "general
 54 28 services department director" appear in the Iowa Code unless a
 54 29 contrary intent is clearly evident.
 54 30    d.  The Iowa Code editor is directed to strike the word
 54 31 "director" and insert the word "administrator" wherever the
 54 32 word "director" appears in Iowa Code chapter 18 and refers to
 54 33 the director of the department of general services unless a
 54 34 contrary intent is clearly evident.
 54 35    3.  a.  The Iowa Code editor is directed to strike the
 55  1 words "department of personnel" and insert the words "human
 55  2 resources division of the department of administrative
 55  3 services" wherever the words "department of personnel" appear
 55  4 in the Iowa Code unless a contrary intent is clearly evident.
 55  5    b.  The Iowa Code editor is directed to strike the word
 55  6 "department" and insert the word "division" wherever the word
 55  7 "department" appears in Iowa Code chapter 19A and refers to
 55  8 the department of personnel unless a contrary intent is
 55  9 clearly evident.
 55 10    c.  The Iowa Code editor is directed to strike the words
 55 11 "director of the department of personnel" or "personnel
 55 12 department director" and insert the words "administrator of
 55 13 the human resources division of the department of
 55 14 administrative services" wherever the words "director of the
 55 15 department of personnel" or "personnel department director"
 55 16 appear in the Iowa Code unless a contrary intent is clearly
 55 17 evident.
 55 18    d.  The Iowa Code editor is directed to strike the word
 55 19 "director" and insert the word "administrator" wherever the
 55 20 word "director" appears in Iowa Code chapter 19A and refers to
 55 21 the director of the department of personnel unless a contrary
 55 22 intent is clearly evident.
 55 23    4.  a.  Sections 1.15; 2.10, subsection 4; 2B.10,
 55 24 subsection 4; 7.13; 8.61; 11.20; 12.4; 12.5; 12.26; 12B.16;
 55 25 12B.17; 12B.18; 15E.112; 15E.117; 16.31; 17A.4; 18.19; 18.117;
 55 26 29C.14; 35.10; 49A.9; 53.50; 74.9; 96.9; 97.51; 97A.8; 97A.11;
 55 27 97B.33; 100B.11; 123.53; 152.3; 159.23; 159.29A; 159A.7;
 55 28 161.7; 161C.5; 179.5; 186.5; 218.50; 218.57; 218.86; 218.87;
 55 29 225.22; 225.23; 225.28; 225C.12; 227.7; 229.35; 233B.14;
 55 30 249.8; 255.24; 255.26; 257B.11; 257B.18; 257B.35; 257B.37;
 55 31 257B.39; 257B.40; 257B.42; 257C.9; 261.4; 262.29; 270.5;
 55 32 270.6; 272.11; 272C.7; 298.11; 301.30; 310.7; 313.18; 313.19;
 55 33 313.20; 313.28; 314.3; 315.7; 324A.5; 331.555; 450.84;
 55 34 452A.72; 455B.107; 455B.183A; 455B.246; 455J.2; 456A.19;
 55 35 456A.21; 473.11; 504A.63; 515.129; 518B.2; 518B.5; 524.209;
 56  1 533.62; 534.403; 568.20; 569.4; 602.9109; 641.5; 679B.7;
 56  2 820.24; 904.311; and 904.808, Code 2001, are amended by
 56  3 striking from the applicable section or subsection the words
 56  4 "director of revenue and finance" and inserting in lieu
 56  5 thereof the following "director of the department of
 56  6 administrative services".
 56  7    b.  Sections 7A.3, subsection 1; 8.35A, subsection 1; 96.7,
 56  8 subsection 7; 96.14; 169A.13A; 225.30; 234.6; 251.5; 270.7;
 56  9 and 602.1304, Code Supplement 2001, are amended by striking
 56 10 from the sections the words "director of revenue and finance"
 56 11 and inserting in lieu thereof the following "director of the
 56 12 department of administrative services".
 56 13    5.  a.  Sections 2.49, subsection 5; 8.34; 8.63, subsection
 56 14 4; 11.28; 12.6; 12.28; 12B.2; 12B.17; 16.31; 16A.13; 18.9;
 56 15 25.6; 74.9; 97A.8; 100B.11; 175.22; 179.5; 181.13; 184.13;
 56 16 185.26; 185C.26; 255.24A; 256.12; 256.19; 256.20; 256D.4;
 56 17 257.32; 257B.1B; 257C.9; 260A.1; 260C.18B; 260C.24; 282.28;
 56 18 282.31; 283.1; 285.2; 294A.6; 294A.9; 303.14; 313.7; 405A.9;
 56 19 455G.5; 602.9104; 633.545; 804.28; and 904.507A, Code 2001,
 56 20 are amended by striking from the sections the words
 56 21 "department of revenue and finance" and inserting in lieu
 56 22 thereof the following "department of administrative services".
 56 23    b.  Sections 8.47; 8D.13; 14B.102; 22.7, subsection 32;
 56 24 256D.6; and 455G.3, Code Supplement 2001, are amended by
 56 25 striking from the sections the words "department of revenue
 56 26 and finance" and inserting in lieu thereof the following
 56 27 "department of administrative services".
 56 28    Sec. 88.  ADMINISTRATIVE RULES – TRANSITION PROVISIONS.
 56 29    1.  Any rule, regulation, form, order, or directive
 56 30 promulgated by any state agency mentioned in this Act,
 56 31 including any agency abolished, merged, or altered in this
 56 32 Act, and in effect on the effective date of this Act shall
 56 33 continue in full force and effect until amended, repealed, or
 56 34 supplemented by affirmative action of the appropriate state
 56 35 agency under the duties and powers of state agencies as
 57  1 established in this Act and under the procedure established in
 57  2 subsection 2.
 57  3    Any license or permit issued by any state agency mentioned
 57  4 in this Act, including any agency abolished, merged, or
 57  5 altered in this Act, and in effect on the effective date of
 57  6 this Act shall continue in full force and effect until
 57  7 expiration or renewal.
 57  8    2.  In regard to updating references and format in the Iowa
 57  9 administrative code in order to correspond to the
 57 10 restructuring of state government as established in this Act,
 57 11 the administrative rules coordinator and the administrative
 57 12 rules review committee, in consultation with the Code editor,
 57 13 shall jointly develop a schedule for the necessary updating of
 57 14 the Iowa administrative code.  
 57 15                           DIVISION II
 57 16       EXECUTIVE COUNCIL REPEAL AND CORRESPONDING CHANGES
 57 17    Sec. 89.  Section 1C.2, unnumbered paragraph 3, Code 2001,
 57 18 is amended by striking the unnumbered paragraph.
 57 19    Sec. 90.  Section 2.46, subsection 2, Code 2001, is amended
 57 20 to read as follows:
 57 21    2.  EXAMINATION.  Examine the reports and official acts of
 57 22 the executive council and of each officer, board, commission,
 57 23 and department of the state, in respect to the conduct and
 57 24 expenditures thereof and the receipts and disbursements of
 57 25 public funds thereby.  All state departments and agencies are
 57 26 required to immediately notify the legislative fiscal
 57 27 committee of the legislative council and the director of the
 57 28 legislative fiscal bureau if any state facilities within their
 57 29 jurisdiction have been cited for violations of any federal,
 57 30 state, or local laws or regulations or have been decertified
 57 31 or notified of the threat of decertification from compliance
 57 32 with any state, federal, or other nationally recognized
 57 33 certification or accreditation agency or organization.
 57 34    Sec. 91.  Section 6A.1, Code 2001, is amended to read as
 57 35 follows:
 58  1    6A.1  EXERCISE OF POWER BY STATE.
 58  2    Proceedings may be instituted and maintained by the state
 58  3 of Iowa, or for the use and benefit thereof, for the
 58  4 condemnation of such private property as may be necessary for
 58  5 any public improvement which the general assembly has
 58  6 authorized to be undertaken by the state, and for which an
 58  7 available appropriation has been made.  The executive council
 58  8 department of administrative services shall institute and
 58  9 maintain such proceedings in case authority to so do be not
 58 10 otherwise delegated.
 58 11    Sec. 92.  Section 6A.2, Code 2001, is amended to read as
 58 12 follows:
 58 13    6A.2  ON BEHALF OF FEDERAL GOVERNMENT.
 58 14    The executive council department of administrative services
 58 15 may institute and maintain such proceedings when private
 58 16 property is necessary for any use of the government of the
 58 17 United States.
 58 18    Sec. 93.  Section 7A.30, unnumbered paragraph 2, Code 2001,
 58 19 is amended to read as follows:
 58 20    Inventories maintained in the files of each such agency of
 58 21 state government shall be open to public inspection and
 58 22 available for the information of the executive council and
 58 23 director of the department of general administrative services.
 58 24    Sec. 94.  Section 8.6, subsection 6, Code Supplement 2001,
 58 25 is amended to read as follows:
 58 26    6.  INVESTIGATIONS.  To make such investigations of the
 58 27 organization, activities and methods of procedure of the
 58 28 several departments and establishments as the director of
 58 29 management may be called upon to make by the governor or the
 58 30 governor and executive council, or the legislature.
 58 31    Sec. 95.  Section 8.6, subsection 8, Code Supplement 2001,
 58 32 is amended to read as follows:
 58 33    8.  RULES.  To make such rules, subject to the approval of
 58 34 the governor, as may be necessary for effectively carrying on
 58 35 the work of the  department of management.  The director may,
 59  1 with the approval of the executive council, require any state
 59  2 official, agency, department or commission, to require any
 59  3 applicant, registrant, filer, permit holder or license holder,
 59  4 whether individual, partnership, trust or corporation, to
 59  5 submit to said official, agency, department or commission, the
 59  6 social security or the tax number or both so assigned to said
 59  7 individual, partnership, trust or corporation.
 59  8    Sec. 96.  Section 8.33, unnumbered paragraph 1, Code 2001,
 59  9 is amended to read as follows:
 59 10    No obligation of any kind shall be incurred or created
 59 11 subsequent to the last day of the fiscal year for which an
 59 12 appropriation is made, except when specific provision
 59 13 otherwise is made in the Act making the appropriation.  On
 59 14 August 31, or as otherwise provided in an appropriation Act,
 59 15 following the close of each fiscal year, all unencumbered or
 59 16 unobligated balances of appropriations made for that fiscal
 59 17 term revert to the state treasury and to the credit of the
 59 18 funds from which the appropriations were made, except that
 59 19 capital expenditures for the purchase of land or the erection
 59 20 of buildings or new construction continue in force until the
 59 21 attainment of the object or the completion of the work for
 59 22 which the appropriations were made unless the Act making an
 59 23 appropriation for the capital expenditure contains a specific
 59 24 provision relating to a time limit for incurring an obligation
 59 25 or reversion of funds.  This section does not repeal sections
 59 26 7D.11 through 7D.14.
 59 27    Sec. 97.  Section 9.6, Code Supplement 2001, is amended to
 59 28 read as follows:
 59 29    9.6  IOWA OFFICIAL REGISTER.
 59 30    In odd-numbered years, the secretary of state shall compile
 59 31 for publication the Iowa official register which shall contain
 59 32 historical, political, and other statistics of general value,
 59 33 but nothing of a partisan character.  Included in each
 59 34 official register shall be the official canvass of the votes
 59 35 cast at the last general election.
 60  1    Sec. 98.  Section 11.32, Code 2001, is amended to read as
 60  2 follows:
 60  3    11.32  CERTIFIED ACCOUNTANTS EMPLOYED.
 60  4    Nothing in this chapter will prohibit the auditor of state,
 60  5 with the prior written permission of the state executive
 60  6 council, from employing certified public accountants or
 60  7 registered public accountants for specific assignments. Under
 60  8 the provision of this section, the auditor of state may employ
 60  9 such accountants for any assignment now expressly reserved to
 60 10 the auditor of state.  Payments, after approval by the
 60 11 executive council, will be made to the accountants so employed
 60 12 from funds from which the auditor of state would have been
 60 13 paid had the auditor of state performed the assignment, or if
 60 14 no such specific funds are indicated, then payment will be
 60 15 made from the funds of the executive council.
 60 16    Sec. 99.  Section 12.8, unnumbered paragraph 1, Code
 60 17 Supplement 2001, is amended to read as follows:
 60 18    The treasurer of state shall invest or deposit, as provided
 60 19 by law, any of the public funds not currently needed for
 60 20 operating expenses and shall do so upon receipt of monthly
 60 21 notice from the director of revenue and finance of the amount
 60 22 not so needed.  In the event of loss on redemption or sale of
 60 23 securities invested as prescribed by law, and if the
 60 24 transaction is reported to the executive council, neither the
 60 25 treasurer nor director of revenue and finance is personally
 60 26 liable but the loss shall be charged against the funds which
 60 27 would have received the profits or interest of the investment
 60 28 and there is appropriated from the funds the amount so
 60 29 required.
 60 30    Sec. 100.  NEW SECTION.  12.26A  ANTICIPATION OF REVENUES.
 60 31    The treasurer of state may anticipate the revenues for any
 60 32 year, when the current revenues for that year are insufficient
 60 33 to pay all warrants issued in that year, by causing state
 60 34 warrants, in an amount not exceeding the estimated state
 60 35 revenues for that year, and bearing interest at a rate not
 61  1 exceeding that permitted by chapter 74A, to be issued,
 61  2 advertised, and sold on sealed bids, and to the bidder
 61  3 offering the lowest interest rate.  All bids and all records
 61  4 pertaining thereto shall be kept on file.  The treasurer of
 61  5 state shall comply with the provisions of chapter 74.
 61  6    Sec. 101.  Section 12.28, subsection 6, Code 2001, is
 61  7 amended to read as follows:
 61  8    6.  The maximum principal amount of financing agreements
 61  9 which the treasurer of state can enter into shall be one
 61 10 million dollars per state agency in a fiscal year, subject to
 61 11 the requirements of section 8.46.  For the fiscal year, the
 61 12 treasurer of state shall not enter into more than one million
 61 13 dollars of financing agreements per state agency, not
 61 14 considering interest expense.  However, the treasurer of state
 61 15 may enter into financing agreements in excess of the one
 61 16 million dollar per agency per fiscal year limit if a
 61 17 constitutional majority of each house of the general assembly,
 61 18 or the legislative council if the general assembly is not in
 61 19 session, and the governor, authorize the treasurer of state to
 61 20 enter into additional financing agreements above the one
 61 21 million dollar authorization contained in this section.  The
 61 22 treasurer of state shall not enter into a financing agreement
 61 23 for real or personal property which is to be constructed for
 61 24 use as a prison or prison-related facility without prior
 61 25 authorization by a constitutional majority of each house of
 61 26 the general assembly and approval by the governor of the use,
 61 27 location, and maximum cost, not including interest expense, of
 61 28 the real or personal property to be financed.  However,
 61 29 financing agreements for an energy conservation measure, as
 61 30 defined in section 7D.34 8A.107, are exempt from the
 61 31 provisions of this subsection, but are subject to the
 61 32 requirements of section 7D.34 8A.107 or 473.20A.  In addition,
 61 33 financing agreements funded through the materials and
 61 34 equipment revolving fund established in section 307.47 are
 61 35 exempt from the provisions of this subsection.
 62  1    Sec. 102.  Section 12.30, subsection 2, paragraph a, Code
 62  2 Supplement 2001, is amended to read as follows:
 62  3    a.  Select and fix the compensation for, in consultation
 62  4 with the respective authority, through a competitive selection
 62  5 procedure, attorneys, accountants, financial advisors, banks,
 62  6 underwriters, insurers, and other employees and agents which
 62  7 in the treasurer's judgment are necessary to carry out the
 62  8 authority's intention.  Prior to the initial selection, the
 62  9 treasurer shall, after consultation with the authorities,
 62 10 establish a procedure which provides for a fair and open
 62 11 selection process including, but not limited to, the
 62 12 opportunity to present written proposals and personal
 62 13 interviews.  The treasurer shall maintain a list of firms
 62 14 which have requested to be notified of requests for proposal.
 62 15 The selection criteria shall take into consideration, but are
 62 16 not limited to, compensation, expenses, experience with
 62 17 similar issues, scheduling, ability to provide the services of
 62 18 individuals with specific knowledge in the relevant subject
 62 19 matter and length of the engagement.  The treasurer may waive
 62 20 the requirements for a competitive selection procedure for any
 62 21 specific employment upon written notice to the executive
 62 22 council governor stating why the waiver is in the public
 62 23 interest.  Upon selection by the treasurer, the authority
 62 24 shall promptly employ the individual or firm and be
 62 25 responsible for payment of costs.
 62 26    Sec. 103.  Section 12B.10, subsection 6, paragraph h, Code
 62 27 Supplement 2001, is amended to read as follows:
 62 28    h.  Investments under the deferred compensation plan
 62 29 established by the executive council governor pursuant to
 62 30 section 509A.12.
 62 31    Sec. 104.  Section 12B.10A, subsection 6, paragraph h, Code
 62 32 Supplement 2001, is amended to read as follows:
 62 33    h.  The deferred compensation plan established by the
 62 34 executive council governor pursuant to section 509A.12.
 62 35    Sec. 105.  Section 12B.10B, subsection 3, paragraph h, Code
 63  1 Supplement 2001, is amended to read as follows:
 63  2    h.  The deferred compensation plan established by the
 63  3 executive council governor pursuant to section 509A.12.
 63  4    Sec. 106.  Section 12B.10C, subsection 7, Code Supplement
 63  5 2001, is amended to read as follows:
 63  6    7.  The deferred compensation plan established by the
 63  7 executive council governor pursuant to section 509A.12.
 63  8    Sec. 107.  Section 12C.1, subsection 1, Code Supplement
 63  9 2001, is amended to read as follows:
 63 10    1.  All funds held by the following officers or
 63 11 institutions shall be deposited in one or more depositories
 63 12 first approved by the appropriate governing body as indicated:
 63 13 for the treasurer of state, by the executive council governor;
 63 14 for judicial officers and court employees, by the supreme
 63 15 court; for the county treasurer, recorder, auditor, and
 63 16 sheriff, by the board of supervisors; for the city treasurer
 63 17 or other designated financial officer of a city, by the city
 63 18 council; for the county public hospital or merged area
 63 19 hospital, by the board of hospital trustees; for a memorial
 63 20 hospital, by the memorial hospital commission; for a school
 63 21 corporation, by the board of school directors; for a city
 63 22 utility or combined utility system established under chapter
 63 23 388, by the utility board; for a library service area
 63 24 established under chapter 256, by the library service area
 63 25 board of trustees; and for an electric power agency as defined
 63 26 in section 28F.2 or 476A.20, by the governing body of the
 63 27 electric power agency.  However, the treasurer of state and
 63 28 the treasurer of each political subdivision or the designated
 63 29 financial officer of a city shall invest all funds not needed
 63 30 for current operating expenses in time certificates of deposit
 63 31 in approved depositories pursuant to this chapter or in
 63 32 investments permitted by section 12B.10.  The list of public
 63 33 depositories and the amounts severally deposited in the
 63 34 depositories are matters of public record.  This subsection
 63 35 does not limit the definition of "public funds" contained in
 64  1 subsection 2.  Notwithstanding provisions of this section to
 64  2 the contrary, public funds of a state government deferred
 64  3 compensation plan established by the executive council
 64  4 governor may also be invested in the investment products
 64  5 authorized under section 509A.12.
 64  6    Sec. 108.  Section 12E.2, subsection 10, Code Supplement
 64  7 2001, is amended to read as follows:
 64  8    10.  "Program plan" means the tobacco settlement program
 64  9 plan dated February 14, 2001, including exhibits to the
 64 10 program plan, submitted by the authority to the legislative
 64 11 council and the executive council, to provide the state with a
 64 12 secure and stable source of funding for the purposes
 64 13 designated by this chapter and section 12.65.
 64 14    Sec. 109.  Section 12E.9, subsection 5, Code Supplement
 64 15 2001, is amended to read as follows:
 64 16    5.  The authority, the treasurer of state, and the attorney
 64 17 general shall report to the legislative council and the
 64 18 executive council on or before the date of the sale, advising
 64 19 them of the status of the sale, its terms, and conditions.
 64 20    Sec. 110.  Section 13.2, subsection 2, Code 2001, is
 64 21 amended to read as follows:
 64 22    2.  Prosecute and defend in any other court or tribunal,
 64 23 all actions and proceedings, civil or criminal, in which the
 64 24 state may be a party or interested, when, in the attorney
 64 25 general's judgment, the interest of the state requires such
 64 26 action, or when requested to do so by the governor, executive
 64 27 council, or general assembly.
 64 28    Sec. 111.  Section 13.3, Code 2001, is amended to read as
 64 29 follows:
 64 30    13.3  DISQUALIFICATION – SUBSTITUTE.
 64 31    1.  If, for any reason, the attorney general be
 64 32 disqualified from appearing in any action or proceeding, the
 64 33 executive council governor shall appoint some suitable person
 64 34 for that purpose and defray the reasonable expense thereof
 64 35 from any unappropriated funds in the state treasury.  The
 65  1 department involved in the action or proceeding shall be
 65  2 requested to recommend a suitable person to represent the
 65  3 department and when the executive council governor concurs in
 65  4 the recommendation, the person recommended shall be appointed.
 65  5    2.  If the governor or a department is represented by an
 65  6 attorney other than the attorney general in a court proceeding
 65  7 as provided in this section, at the conclusion of the court
 65  8 proceedings, the court shall review the fees charged to the
 65  9 state to determine if the fees are fair and reasonable.  The
 65 10 executive council governor shall not reimburse attorneys'
 65 11 attorney fees in excess of those determined by the court to be
 65 12 fair and reasonable.
 65 13    Sec. 112.  Section 13.7, Code 2001, is amended to read as
 65 14 follows:
 65 15    13.7  SPECIAL COUNSEL.
 65 16    Compensation shall not be allowed to any person for
 65 17 services as an attorney or counselor to an executive
 65 18 department of the state government, or the head thereof, or to
 65 19 a state board or commission.  However, the executive council
 65 20 governor may employ legal assistance, at a reasonable
 65 21 compensation, in a pending action or proceeding to protect the
 65 22 interests of the state, but only upon a sufficient showing, in
 65 23 writing, made by the attorney general, that the department of
 65 24 justice cannot for reasons stated by the attorney general
 65 25 perform the service, which reasons and action of the council
 65 26 shall be entered upon its records.  When the attorney general
 65 27 determines that the department of justice cannot perform legal
 65 28 service in an action or proceeding, the executive council
 65 29 governor shall request the department involved in the action
 65 30 or proceeding to recommend legal counsel to represent the
 65 31 department.  If the attorney general concurs with the
 65 32 department that the person recommended is qualified and
 65 33 suitable to represent the department, the person recommended
 65 34 shall be employed.  If the attorney general does not concur in
 65 35 the recommendation, the department shall submit a new
 66  1 recommendation.  This section does not affect the general
 66  2 counsel for the utilities board of the department of commerce,
 66  3 or the legal counsel of the department of workforce
 66  4 development.
 66  5    Sec. 113.  Section 15.108, subsection 9, paragraph c, Code
 66  6 Supplement 2001, is amended to read as follows:
 66  7    c.  Except as otherwise provided in sections 7D.33 8A.106,
 66  8 260C.14, and 262.9, provide that an inventor whose research is
 66  9 funded in whole or in part by the state shall assign to the
 66 10 state a proportionate part of the inventor's rights to a
 66 11 letter patent resulting from that research.  Royalties or
 66 12 earnings derived from a letter patent shall be paid to the
 66 13 treasurer of state and credited by the treasurer to the
 66 14 general fund of the state. However, the department in
 66 15 conjunction with other state agencies, including the board of
 66 16 regents, shall provide incentives to inventors whose research
 66 17 is funded in whole or in part by the state for having their
 66 18 products produced in the state.  These incentives may include
 66 19 taking a smaller portion of the inventor's royalties or
 66 20 earnings than would otherwise occur under this paragraph or
 66 21 other provisions of the law.
 66 22    Sec. 114.  Section 18.6, subsection 8, Code 2001, is
 66 23 amended to read as follows:
 66 24    8.  The director shall establish rules providing that any
 66 25 state agency may, upon request, purchase directly from a
 66 26 vendor if the direct purchasing is as economical or more
 66 27 economical than purchasing through the department, or upon a
 66 28 showing that direct purchasing by the state agency would be in
 66 29 the best interests of the state due to an immediate or
 66 30 emergency need.  The rules shall include a provision
 66 31 permitting a state agency to purchase directly from a vendor,
 66 32 on the agency's own authority, if the purchase will not exceed
 66 33 five thousand dollars and the purchase will contribute to the
 66 34 agency complying with or exceeding the targeted small business
 66 35 procurement goals under sections 73.15 through 73.21.
 67  1    Any member of the executive council may bring before the
 67  2 council for review a decision of the director granting a state
 67  3 agency request for direct purchasing.  The executive council
 67  4 shall hear and review the director's decision in the same
 67  5 manner as an appeal filed by an aggrieved bidder, except that
 67  6 the three-day period for filing for review shall not apply.
 67  7    Sec. 115.  Section 18.7, Code 2001, is amended to read as
 67  8 follows:
 67  9    18.7  DISPUTES INVOLVING PURCHASING FROM IOWA STATE
 67 10 INDUSTRIES.
 67 11    Disputes arising between the department of corrections and
 67 12 a purchasing department or agency over the procurement of
 67 13 products from Iowa state industries as described in section
 67 14 904.808 shall be referred to the director.  The decision of
 67 15 the director is final unless a written appeal is filed with
 67 16 the executive council within five days of receipt of the
 67 17 decision of the director, excluding Saturdays, Sundays, and
 67 18 legal holidays.  If an appeal is filed, the executive council
 67 19 shall hear and determine the appeal within thirty days.  The
 67 20 decision of the executive council is final.
 67 21    Sec. 116.  Section 18.9, subsection 1, Code 2001, is
 67 22 amended to read as follows:
 67 23    1.  At the end of each month the director administrator
 67 24 shall render a statement to each state agency for the actual
 67 25 cost of items purchased through the department division, the
 67 26 actual cost of services and postage used by the agency.  The
 67 27 monthly statement shall also include a fair proportion of the
 67 28 cost of administration of the department of general services
 67 29 division during the month.  The portion of administrative
 67 30 costs shall be determined by the director administrator
 67 31 subject to review by the executive council director of the
 67 32 department of administrative services upon complaint from any
 67 33 state agency adversely affected.
 67 34    Sec. 117.  Section 18.12, subsection 7, Code 2001, is
 67 35 amended to read as follows:
 68  1    7.  Contract, with the approval of the executive council,
 68  2 for the repair, remodeling or, if the condition warrants,
 68  3 demolition of all buildings and grounds of the state at the
 68  4 seat of government and the institutions of the department of
 68  5 human services and the department of corrections for which no
 68  6 specific appropriation has been made, if the cost of repair,
 68  7 remodeling or demolition will not exceed one hundred thousand
 68  8 dollars when completed.  If no specific appropriation has been
 68  9 made, the proposed contract shall be submitted to the state
 68 10 appeal board for approval.  The cost of repair projects for
 68 11 which no specific appropriation has been made shall be paid
 68 12 from the fund provided in section 7D.29 moneys in the state
 68 13 treasury not otherwise appropriated.
 68 14    Sec. 118.  Section 18.12, subsection 9, Code 2001, is
 68 15 amended to read as follows:
 68 16    9.  a.  Lease all buildings and office space necessary to
 68 17 carry out the provisions of this chapter or necessary for the
 68 18 proper functioning of any state agency at the seat of
 68 19 government.  For state agencies at the seat of government, the
 68 20 director may lease buildings and office space in Polk county
 68 21 or in a county contiguous to Polk county.  If no specific
 68 22 appropriation has been made, the proposed lease shall be
 68 23 submitted to the executive council state appeal board for
 68 24 approval.  The cost of any lease for which no specific
 68 25 appropriation has been made shall be paid from the fund
 68 26 provided in section 7D.29 moneys in the state treasury not
 68 27 otherwise appropriated.
 68 28    b.  When the general assembly is not in session, the
 68 29 director may request moneys from the executive council state
 68 30 appeal board for moving state agencies located at the seat of
 68 31 government from one location to another.  The request may
 68 32 include moving costs, telecommunications costs, repair costs,
 68 33 or any other costs relating to the move.  The executive
 68 34 council state appeal board may approve and shall pay the costs
 68 35 from funds provided in section 7D.29 moneys in the state
 69  1 treasury not otherwise appropriated if it determines the
 69  2 agency or department has no available funds for these
 69  3 expenses.
 69  4    c.  Coordinate the leasing of buildings and office space by
 69  5 state agencies throughout the state and develop cooperative
 69  6 relationships with the state board of regents in order to
 69  7 promote the colocation of state agencies.
 69  8    Sec. 119.  Section 18.12, subsection 12, Code 2001, is
 69  9 amended to read as follows:
 69 10    12.  With the authorization of a constitutional majority of
 69 11 each house of the general assembly and approval by the
 69 12 governor, dispose of real property belonging to the state and
 69 13 its state agencies upon terms, conditions, and consideration
 69 14 as the director may recommend.  If real estate subject to sale
 69 15 under this subsection has been purchased or acquired from
 69 16 appropriated funds, the proceeds of the sale shall be
 69 17 deposited with the treasurer of state and credited to the
 69 18 general fund of the state or other fund from which
 69 19 appropriated.  There is appropriated from that same fund, with
 69 20 the prior approval of the executive council and in cooperation
 69 21 with the director administrator, a sum equal to the proceeds
 69 22 so deposited and credited to the state agency to which the
 69 23 disposed property belonged or by which it was used, for
 69 24 purposes of the state agency.
 69 25    Sec. 120.  Section 18.95, Code 2001, is amended to read as
 69 26 follows:
 69 27    18.95  OLD CODES.
 69 28    The state printing administrator bureau chief may
 69 29 distribute to law enforcement officers and other persons in
 69 30 the administrator's bureau chief's discretion all Codes and
 69 31 Code Supplements which have been supplanted by a newly issued
 69 32 Code, and all session laws which antedate the publication of
 69 33 the last issued Code by at least four years.  However, the
 69 34 administrator bureau chief shall maintain in reserve a number
 69 35 of copies of each publication as may be fixed by the director.
 70  1 The reserve, when fixed, shall not be distributed except on
 70  2 the order of the executive council.  Requests for publications
 70  3 shall be handled upon receipt of postage by the administrator
 70  4 bureau chief.  However, county officials requesting
 70  5 publications under this section shall not be required to pay
 70  6 postage.
 70  7    Sec. 121.  Section 18.119, unnumbered paragraph 2, Code
 70  8 2001, is amended to read as follows:
 70  9    At the end of each month the state fleet administrator
 70 10 bureau chief shall render a statement to each state department
 70 11 or agency thereof for the actual cost of operation of all
 70 12 motor vehicles assigned to such department or agency, together
 70 13 with a fair proportion of the cost of administration of the
 70 14 state fleet administrator's bureau chief's office during such
 70 15 month, as shall be determined by the administrator, all
 70 16 subject to review by the executive council upon complaint of
 70 17 any state department or agency adversely affected bureau
 70 18 chief.  Such expense shall be paid by the state departments or
 70 19 agencies in the same manner as other expenses of such
 70 20 department are paid, and when such cost of operation and
 70 21 administration is paid by the department, such sum shall be
 70 22 credited to the state fleet administrator bureau chief
 70 23 revolving fund.  If any surplus accrues to said revolving fund
 70 24 in excess of twenty-five thousand dollars for which there is
 70 25 no anticipated need or use, the governor may order such
 70 26 surplus turned over to the general fund of the state.
 70 27    Sec. 122.  Section 19A.32, Code Supplement 2001, is amended
 70 28 to read as follows:
 70 29    19A.32  WORKERS' COMPENSATION CLAIMS.
 70 30    The director shall employ appropriate staff to handle and
 70 31 adjust claims of state employees for workers' compensation
 70 32 benefits pursuant to chapters 85, 85A, 85B, and 86, or with
 70 33 the approval of the executive council contract for the
 70 34 services or purchase workers' compensation insurance coverage
 70 35 for state employees or selected groups of state employees.  A
 71  1 state employee workers' compensation fund is established to
 71  2 pay state employee workers' compensation claims and
 71  3 administrative costs.  The department shall establish a rating
 71  4 formula and assess premiums to all agencies, departments, and
 71  5 divisions of the state including those which have not received
 71  6 an appropriation for the payment of workers' compensation
 71  7 insurance and which operate from moneys other than from the
 71  8 general fund of the state.  The department shall collect the
 71  9 premiums and deposit them into the state employee workers'
 71 10 compensation fund.  Notwithstanding section 8.33, moneys
 71 11 deposited in the state employee workers' compensation fund
 71 12 shall not revert to the general fund of the state at the end
 71 13 of any fiscal year, but shall remain in the state employee
 71 14 workers' compensation fund and be continuously available to
 71 15 pay state employee workers' compensation claims.  The director
 71 16 may, to the extent practicable, contract with a private
 71 17 organization to handle the processing and payment of claims
 71 18 and services rendered under the provisions of this section.
 71 19    Sec. 123.  NEW SECTION.  24A.1  STATE APPEAL BOARD –
 71 20 COMPROMISE OF CLAIMS.
 71 21    The state appeal board, on a written report to it by the
 71 22 attorney general together with the attorney general's opinion
 71 23 as to the legal effect of the facts, may determine the terms
 71 24 on which claims of doubtful equity or collectibility, and in
 71 25 favor of the state, may be compromised and settled with all or
 71 26 any of the parties thereto.  Such terms may be withdrawn prior
 71 27 to acceptance, or in case the debtor fails to comply therewith
 71 28 within a reasonable time.  The attorney general shall have
 71 29 full authority to execute all papers necessary to effect any
 71 30 such settlement.
 71 31    Sec. 124.  NEW SECTION.  24A.2  STATE APPEAL BOARD – COURT
 71 32 COSTS.
 71 33    If sufficient funds for court costs have not been
 71 34 appropriated to a state department, or if sufficient funds are
 71 35 not otherwise available for such purposes within the budget of
 72  1 a state department, the state appeal board may pay, out of any
 72  2 money in the state treasury not otherwise appropriated,
 72  3 expenses incurred, or costs taxed to the state, in any
 72  4 proceeding brought by or against any of the state departments
 72  5 or in which the state is a party or is interested.  This
 72  6 section shall not be construed to authorize the payment of
 72  7 travel or other personal expenses of state officers or
 72  8 employees.
 72  9    Sec. 125.  NEW SECTION.  24A.3  STATE APPEAL BOARD –
 72 10 ALLOCATION TO MANURE STORAGE INDEMNITY FUND.
 72 11    If moneys are not sufficient to support the manure storage
 72 12 indemnity fund as provided in chapter 455J, the state appeal
 72 13 board may allocate from moneys in the general fund of the
 72 14 state, which are not otherwise obligated or encumbered, an
 72 15 amount to the manure storage indemnity fund as provided under
 72 16 section 455J.2.  However, not more than a total of one million
 72 17 dollars shall be allocated to the manure storage indemnity
 72 18 fund at any time.
 72 19    Sec. 126.  Section 28D.6, subsection 3, Code 2001, is
 72 20 amended to read as follows:
 72 21    3.  Employees who are detailed to the receiving agency
 72 22 shall not by virtue of such detail be considered to be
 72 23 employees thereof, except as provided in subsection 4.  The
 72 24 supervision of the duties of such employees, as well as the
 72 25 contribution of each agency to the salary or wage of such
 72 26 employees during the period of detail, may be governed by
 72 27 agreement between the sending agency and the receiving agency.
 72 28 The agreement shall be subject to the approval of the
 72 29 executive council director of the department of administrative
 72 30 services for state participation and the local governing body
 72 31 in the case of an agreement involving a political subdivision
 72 32 of the state.
 72 33    Sec. 127.  Section 29A.27, unnumbered paragraph 8, Code
 72 34 Supplement 2001, is amended to read as follows:
 72 35    All payments herein provided for shall be paid on the
 73  1 approval of the adjutant general from the contingent fund of
 73  2 the executive council state appeal board.
 73  3    Sec. 128.  Section 29A.57, subsection 2, Code 2001, is
 73  4 amended to read as follows:
 73  5    2.  The board may acquire land or real estate by purchase,
 73  6 contract for purchase, gift, or bequest and acquire, own,
 73  7 contract for the construction of, erect, purchase, maintain,
 73  8 alter, operate, and repair installations and facilities of the
 73  9 Iowa national guard and the Iowa air national guard when funds
 73 10 for the installations and facilities are made available by the
 73 11 federal government, the state of Iowa, municipalities,
 73 12 corporations or individuals.  The title to the property so
 73 13 acquired shall be taken in the name of the state of Iowa and
 73 14 the real estate may be sold or exchanged by the executive
 73 15 council department of administrative services, upon
 73 16 recommendation of the board, when it is no longer needed for
 73 17 the purpose for which it was acquired.  Income or revenue
 73 18 derived from the sale of the real estate shall be credited to
 73 19 the national guard facilities improvement fund and used for
 73 20 the purposes specified in section 29A.14, subsection 2.
 73 21    Sec. 129.  Section 29A.57, subsection 7, Code 2001, is
 73 22 amended to read as follows:
 73 23    7.  There is no liability to the state of Iowa under this
 73 24 section.  Members of the armory board and employees of the
 73 25 state executive council department of administrative services
 73 26 shall not be held to any personal or individual liability for
 73 27 any action taken by them under this chapter.
 73 28    Sec. 130.  Section 29C.20, Code 2001, is amended to read as
 73 29 follows:
 73 30    29C.20  CONTINGENT FUND – DISASTER AID.
 73 31    1.  A contingent fund is created in the state treasury for
 73 32 the use of the executive council state appeal board which may
 73 33 be expended for the purpose of paying the expenses of
 73 34 suppressing an insurrection or riot, actual or threatened,
 73 35 when state aid has been rendered by order of the governor, and
 74  1 for repairing, rebuilding, or restoring state property
 74  2 injured, destroyed, or lost by fire, storm, theft, or
 74  3 unavoidable cause, and for repairing, rebuilding, or restoring
 74  4 state property which is fiberoptic cable and which is injured
 74  5 or destroyed by a wild animal, and for aid to any governmental
 74  6 subdivision in an area declared by the governor to be a
 74  7 disaster area due to natural disasters or to expenditures
 74  8 necessitated by the governmental subdivision toward averting
 74  9 or lessening the impact of the potential disaster, where the
 74 10 effect of the disaster or action on the governmental
 74 11 subdivision is the immediate financial inability to meet the
 74 12 continuing requirements of local government.  Upon application
 74 13 by a governmental subdivision in such an area, accompanied by
 74 14 a showing of obligations and expenditures necessitated by an
 74 15 actual or potential disaster in a form and with further
 74 16 information the executive council state appeal board requires,
 74 17 the aid may be made in the discretion of the executive council
 74 18 state appeal board and, if made, shall be in the nature of a
 74 19 loan up to a limit of seventy-five percent of the showing of
 74 20 obligations and expenditures.  The loan, without interest,
 74 21 shall be repaid by the maximum annual emergency levy
 74 22 authorized by section 24.6, or by the appropriate levy
 74 23 authorized for a governmental subdivision not covered by
 74 24 section 24.6.  The aggregate total of loans shall not exceed
 74 25 one million dollars during a fiscal year.  A loan shall not be
 74 26 for an obligation or expenditure occurring more than two years
 74 27 previous to the application.
 74 28    When a state department or agency requests that moneys from
 74 29 the contingent fund be expended to repair, rebuild, or restore
 74 30 state property injured, destroyed, or lost by fire, storm,
 74 31 theft, or unavoidable cause, or to repair, rebuild, or restore
 74 32 state property which is fiberoptic cable and which is injured
 74 33 or destroyed by a wild animal, the executive council state
 74 34 appeal board shall consider the original source of the funds
 74 35 for acquisition of the property before authorizing the
 75  1 expenditure.  If the original source was other than the
 75  2 general fund of the state, the department or agency shall be
 75  3 directed to utilize moneys from the original source if
 75  4 possible.  The executive council state appeal board shall not
 75  5 authorize the repairing, rebuilding, or restoring of the
 75  6 property from the disaster aid contingent fund if it
 75  7 determines that moneys from the original source are available
 75  8 to finance the project.
 75  9    2.  The proceeds of such loan shall be applied toward the
 75 10 payment of costs and obligations necessitated by such actual
 75 11 or potential disaster and the reimbursement of local funds
 75 12 from which such expenditures have been made.  Any such project
 75 13 for repair, rebuilding or restoration of state property for
 75 14 which no specific appropriation has been made, shall, before
 75 15 work is begun, be subject to approval or rejection by the
 75 16 executive council state appeal board.
 75 17    3.  If the president of the United States, at the request
 75 18 of the governor, has declared a major disaster to exist in
 75 19 this state, the executive council state appeal board may make
 75 20 financial grants to meet disaster-related necessary expenses,
 75 21 serious needs, or hazard mitigation projects of local
 75 22 governments and eligible private nonprofit agencies adversely
 75 23 affected by the major disaster if those expenses or needs
 75 24 cannot otherwise be met from other means of assistance.  The
 75 25 amount of the grant shall not exceed ten percent of the total
 75 26 eligible expenses and is conditional upon the federal
 75 27 government providing at least seventy-five percent for public
 75 28 assistance grants and at least fifty percent for hazard
 75 29 mitigation grants of the eligible expenses.
 75 30    4.  If the president, at the request of the governor, has
 75 31 declared a major disaster to exist in this state, the
 75 32 executive council state appeal board may make financial grants
 75 33 to meet disaster-related necessary expenses or serious needs
 75 34 of individuals or families adversely affected by a major
 75 35 disaster which cannot otherwise adequately be met from other
 76  1 means of assistance.  The amount of a financial grant shall
 76  2 not exceed the maximum federal authorization in the aggregate
 76  3 to an individual or family in any single major disaster
 76  4 declared by the president.  All grants authorized to
 76  5 individuals and families will be subject to the federal
 76  6 government providing no less than seventy-five percent of each
 76  7 grant and the declaration of a major disaster in the state by
 76  8 the president of the United States.
 76  9    5.  If the president, at the request of the governor, has
 76 10 declared a major disaster to exist in this state, the
 76 11 executive council state appeal board may lease or purchase
 76 12 sites and develop such sites to accommodate temporary housing
 76 13 units for disaster victims.
 76 14    6.  For the purposes of this section, "governmental
 76 15 subdivision" means any political subdivision of this state.
 76 16    Sec. 131.  Section 43.73, unnumbered paragraph 1, Code
 76 17 2001, is amended to read as follows:
 76 18    Not less than sixty-nine days before the general election
 76 19 the state commissioner shall certify to each commissioner,
 76 20 under separate party headings, the name of each person
 76 21 nominated as shown by the official canvass made by the
 76 22 executive council state canvassing board as described in
 76 23 section 50.37, or as certified to the state commissioner by
 76 24 the proper persons when any person has been nominated by a
 76 25 convention or by a party committee, or by petition, the office
 76 26 to which the person is nominated, and the order in which
 76 27 federal and state offices, judges, constitutional amendments,
 76 28 and state public measures shall appear on the official ballot.
 76 29    Sec. 132.  Section 50.37, Code 2001, is amended to read as
 76 30 follows:
 76 31    50.37  STATE CANVASSING BOARD.
 76 32    The executive council shall constitute a board of
 76 33 canvassers of state canvassing board shall canvass all
 76 34 abstracts of votes required to be filed with the state
 76 35 commissioner, except for the offices of governor and
 77  1 lieutenant governor.  Any clerical error found by the
 77  2 secretary of state or state board of canvassers shall be
 77  3 corrected by the county commissioner in a letter addressed to
 77  4 the state board of canvassers.  For purposes of this chapter,
 77  5 the state canvassing board shall consist of the governor,
 77  6 secretary of state, auditor of state, treasurer of state, and
 77  7 secretary of agriculture.
 77  8    Sec. 133.  Section 67.3, Code 2001, is amended to read as
 77  9 follows:
 77 10    67.3  REFUSAL TO OBEY SUBPOENA – FEES.
 77 11    If any witness, duly subpoenaed, refuses to obey said
 77 12 subpoena, or refuses to testify, said commission shall certify
 77 13 said fact to the district court of the county where the
 77 14 investigation is being had and said court shall proceed with
 77 15 said witness in the same manner as though said refusal had
 77 16 occurred in a legal proceeding before said court or judge.
 77 17    Witnesses shall be paid in the manner provided for
 77 18 witnesses before the executive council in section 66.28 and
 77 19 from the same appropriation.
 77 20    Sec. 134.  Section 67.5, subsection 2, Code 2001, is
 77 21 amended by striking the subsection.
 77 22    Sec. 135.  Section 72.2, Code 2001, is amended to read as
 77 23 follows:
 77 24    72.2  EXECUTIVE COUNCIL GOVERNOR MAY AUTHORIZE
 77 25 INDEBTEDNESS.
 77 26    Nothing herein contained shall prevent the incurring of an
 77 27 indebtedness on account of support funds for state
 77 28 institutions, upon the prior written direction of the
 77 29 executive council governor, specifying the items and amount of
 77 30 such indebtedness to be increased, and the necessity therefor.
 77 31    Sec. 136.  Section 74.1, subsection 3, Code 2001, is
 77 32 amended to read as follows:
 77 33    3.  The procedures of this chapter also apply to the
 77 34 issuance of anticipatory warrants by the state under section
 77 35 7D.8 12.26A.
 78  1    Sec. 137.  Section 75.8, Code 2001, is amended to read as
 78  2 follows:
 78  3    75.8  SALE OF STATE BONDS.
 78  4    All contracts for the sale of bonds issued by the state
 78  5 shall be subject to the approval of the executive council
 78  6 governor.
 78  7    Sec. 138.  Section 86.8, unnumbered paragraph 2, Code 2001,
 78  8 is amended to read as follows:
 78  9    Subject to the approval of the director of the department
 78 10 of workforce development, the commissioner may enter into
 78 11 contracts with any state agency, with or without
 78 12 reimbursement, for the purpose of obtaining the services,
 78 13 facilities, and personnel of the agency and with the consent
 78 14 of any state agency or political subdivision of the state,
 78 15 accept and use the services, facilities, and personnel of the
 78 16 agency or political subdivision, and employ experts and
 78 17 consultants or organizations in order to expeditiously,
 78 18 efficiently, and economically effectuate the purposes of this
 78 19 chapter.  The agreements under this paragraph are subject to
 78 20 approval by the executive council if approval is required by
 78 21 law.
 78 22    Sec. 139.  Section 88.2, subsection 4, Code 2001, is
 78 23 amended to read as follows:
 78 24    4.  Subject to the approval of the director of the
 78 25 department of workforce development, the labor commissioner
 78 26 may enter into contracts with any state agency, with or
 78 27 without reimbursement, for the purpose of obtaining the
 78 28 services, facilities, and personnel of the agency, and with
 78 29 the consent of any state agency or any political subdivision
 78 30 of the state, accept and use the services, facilities, and
 78 31 personnel of the agency or political subdivision, and employ
 78 32 experts and consultants or organizations, in order to
 78 33 expeditiously, efficiently, and economically effectuate the
 78 34 purposes of this chapter.  The agreements under this
 78 35 subsection are subject to approval of the executive council if
 79  1 approval is required by law.
 79  2    Sec. 140.  Section 96.13, subsection 3, paragraph c, Code
 79  3 2001, is amended to read as follows:
 79  4    c.  The department may appear before the executive council
 79  5 state appeal board and request funds to meet unanticipated
 79  6 emergencies.
 79  7    Sec. 141.  Section 97B.7A, subsection 5, as enacted by 2001
 79  8 Iowa Acts, chapter 68, section 11, is amended to read as
 79  9 follows:
 79 10    5.  TRAVEL.  In the administration of the investment of
 79 11 moneys in the retirement fund, employees of the division and
 79 12 members of the board may travel outside the state for the
 79 13 purpose of meeting with investment firms and consultants and
 79 14 attending conferences and meetings to fulfill their fiduciary
 79 15 responsibilities.  This travel is not subject to section
 79 16 421.38, subsection 2.
 79 17    Sec. 142.  Section 123.8, Code 2001, is amended to read as
 79 18 follows:
 79 19    123.8  SURETY BONDS.
 79 20    Each commission member shall post a bond, at the expense of
 79 21 the state, in an amount and with sureties as the executive
 79 22 council state appeal board approves, to guarantee to the state
 79 23 the proper handling and accounting of the moneys, merchandise,
 79 24 and other properties as required in the administration of this
 79 25 chapter.  The administrator shall secure from all employees of
 79 26 the division holding positions of trust a bond with sureties
 79 27 as the alcoholic beverages commission approves adequate to
 79 28 guarantee to the state the proper handling and accounting of
 79 29 all moneys, merchandise, and other properties.
 79 30    Sec. 143.  Section 123.37, unnumbered paragraph 2, Code
 79 31 2001, is amended to read as follows:
 79 32    The administrator may compromise and settle doubtful and
 79 33 disputed claims for taxes imposed under this chapter or for
 79 34 taxes of doubtful collectibility, notwithstanding section 7D.9
 79 35 24A.1.  The administrator may enter into informal settlements
 80  1 pursuant to section 17A.10 to compromise and settle doubtful
 80  2 and disputed claims for taxes imposed under this chapter.  The
 80  3 administrator may make a claim under a licensee's or
 80  4 permittee's penal bond for taxes of doubtful collectibility.
 80  5 Whenever a compromise or settlement is made, the administrator
 80  6 shall make a complete record of the case showing the tax
 80  7 assessed, reports and audits, if any, the licensee's or
 80  8 permittee's grounds for dispute or contest, together with all
 80  9 evidence of the dispute or contest, and the amounts,
 80 10 conditions, and settlement or compromise of the dispute or
 80 11 contest.
 80 12    Sec. 144.  Section 123.57, Code 2001, is amended to read as
 80 13 follows:
 80 14    123.57  EXAMINATION OF ACCOUNTS.
 80 15    The financial condition and transactions of all offices,
 80 16 departments, warehouses, and depots of the division shall be
 80 17 examined at least once each year by the state auditor and at
 80 18 shorter periods if requested by the administrator, or
 80 19 governor, or executive council.
 80 20    Sec. 145.  Section 135.83, Code Supplement 2001, is amended
 80 21 to read as follows:
 80 22    135.83  CONTRACTS FOR ASSISTANCE WITH ANALYSES, STUDIES,
 80 23 AND DATA.
 80 24    In furtherance of the department's responsibilities under
 80 25 sections 135.76 and 135.78, the director may contract with the
 80 26 Iowa hospital association and third-party payers, the Iowa
 80 27 health care facilities association and third-party payers, or
 80 28 the Iowa association of homes for the aging and third-party
 80 29 payers for the establishment of pilot programs dealing with
 80 30 prospective rate review in hospitals or health care
 80 31 facilities, or both.  Such contract shall be subject to the
 80 32 approval of the executive council and shall provide for an
 80 33 equitable representation of health care providers, third-party
 80 34 payers, and health care consumers in the determination of
 80 35 criterion for rate review.  No third-party payer shall be
 81  1 excluded from positive financial incentives based upon volume
 81  2 of gross patient revenues.  No state or federal funds
 81  3 appropriated or available to the department shall be used for
 81  4 any such pilot program.
 81  5    Sec. 146.  Section 144.2, Code 2001, is amended to read as
 81  6 follows:
 81  7    144.2  DIVISION OF RECORDS AND STATISTICS.
 81  8    There is established in the department a division for
 81  9 records and statistics which shall install, maintain, and
 81 10 operate the system of vital statistics throughout the state.
 81 11 No system for the registration of births, deaths, fetal
 81 12 deaths, adoptions, marriages, dissolutions, and annulments,
 81 13 shall be maintained in the state or any of its political
 81 14 subdivisions other than the one provided for in this chapter.
 81 15 Suitable quarters shall be provided for the division by the
 81 16 executive council department of administrative services at the
 81 17 seat of government.  The quarters shall be properly equipped
 81 18 for the permanent and safe preservation of all official
 81 19 records made and returned under this chapter.
 81 20    Sec. 147.  Section 147.102, Code 2001, is amended to read
 81 21 as follows:
 81 22    147.102  PSYCHOLOGISTS, CHIROPRACTORS, AND DENTISTS.
 81 23    Notwithstanding the provisions of this subtitle, every
 81 24 application for a license to practice psychology,
 81 25 chiropractic, or dentistry shall be made directly to the
 81 26 chairperson, executive director, or secretary of the examining
 81 27 board of such profession, and every reciprocal agreement for
 81 28 the recognition of any such license issued in another state
 81 29 shall be negotiated by the examining board for such
 81 30 profession.  All examination, license, and renewal fees
 81 31 received from persons licensed to practice any of such
 81 32 professions shall be paid to and collected by the chairperson,
 81 33 executive director, or secretary of the examining board of
 81 34 such profession, who shall transmit the fees to the treasurer
 81 35 of state for deposit into the general fund of the state.  The
 82  1 salary of the secretary shall be established by the governor
 82  2 with the approval of the executive council pursuant to section
 82  3 19A.9, subsection 2, under the pay plan for exempt positions
 82  4 in the executive branch of government.
 82  5    Sec. 148.  Section 147.103A, subsection 4, Code 2001, is
 82  6 amended to read as follows:
 82  7    4.  Applications for a license shall be made to the
 82  8 chairperson, executive director, or secretary of the board.
 82  9 All examination, license, and renewal fees shall be paid to
 82 10 and collected by the chairperson, executive director, or
 82 11 secretary of the board, who shall transmit the fees to the
 82 12 treasurer of state for deposit in the general fund of the
 82 13 state.  The salary of the executive director of the board
 82 14 shall be established by the governor with approval of the
 82 15 executive council pursuant to section 19A.9, subsection 2,
 82 16 under the pay plan for exempt positions in the executive
 82 17 branch of government.
 82 18    Sec. 149.  Section 152.2, Code 2001, is amended to read as
 82 19 follows:
 82 20    152.2  EXECUTIVE DIRECTOR – ASSISTANTS.
 82 21    The board shall appoint a full-time executive director. The
 82 22 executive director shall be a registered nurse and shall not
 82 23 be a member of the board. The governor, with the approval of
 82 24 the executive council pursuant to section 19A.9, subsection 2,
 82 25 under the pay plan for exempt positions in the executive
 82 26 branch of government, shall set the salary of the executive
 82 27 director.
 82 28    Sec. 150.  Section 161E.14, unnumbered paragraph 2, Code
 82 29 2001, is amended to read as follows:
 82 30    The county auditor shall certify to the executive council
 82 31 of the state department of management the amounts allocated to
 82 32 each school district in the previous year, on January 2 of
 82 33 each year.  The remaining ten percent of a payment received by
 82 34 the county treasurer from the federal government, or as much
 82 35 thereof as is deemed necessary by the board of supervisors,
 83  1 shall be allocated to the local fire departments of the
 83  2 unincorporated villages, townships, and cities of the county
 83  3 which are principally affected by the federal flood control
 83  4 project involved, to be paid and prorated among them as
 83  5 determined by the board of supervisors.  If the funds prorated
 83  6 to local fire departments in a county are less than ten
 83  7 percent of the total county share of such federal payments for
 83  8 a year, the amount which exceeds the prorations shall revert
 83  9 back to and be divided equally between the secondary road fund
 83 10 and the local school district fund.
 83 11    Sec. 151.  Section 163.15, Code 2001, is amended to read as
 83 12 follows:
 83 13    163.15  INDEMNIFYING OWNER.
 83 14    Whenever any animal is found to be infected with one of the
 83 15 contagious diseases enumerated in section 163.2 or one which
 83 16 has been designated by the department thereunder, if there be
 83 17 no other provisions for indemnifying the owner in case the
 83 18 same be condemned and ordered by the department to be killed,
 83 19 and the secretary of agriculture determines that the existence
 83 20 of said communicable disease constitutes a threat to the
 83 21 general welfare or the public health of the inhabitants of the
 83 22 state, the secretary shall formulate a program of eradication
 83 23 including therein the condemnation and killing of the infected
 83 24 animals; provided however, that said program shall not be put
 83 25 into effect as hereinafter provided until the same has been
 83 26 approved by the executive council governor.
 83 27    Any animal killed under such a program shall be appraised
 83 28 by three competent and disinterested persons, one to be
 83 29 appointed by the state department of agriculture and land
 83 30 stewardship, one by the owner, and the third by the other two,
 83 31 and it shall be their duty to appraise and report their
 83 32 appraisal under oath to the department of agriculture and land
 83 33 stewardship, and they shall receive such compensation and
 83 34 expenses as shall be provided for in the program.  Any claim
 83 35 for indemnity filed by the owner of such animal or animals so
 84  1 appraised shall not exceed the amount agreed upon by the
 84  2 majority of the appraisers based on current market prices
 84  3 except in the case of registered purebred stock, then the
 84  4 amount payable for indemnity may exceed market prices by not
 84  5 more than fifty percent less any indemnity which the owner
 84  6 might be allowed from the United States department of
 84  7 agriculture.  No indemnity shall be allowed for infected
 84  8 animals if it is determined by the department of agriculture
 84  9 and land stewardship that such animals have been fed raw
 84 10 garbage.  Claims for indemnity and those filed by the
 84 11 appraisers for compensation and expenses shall be filed with
 84 12 the secretary of agriculture and submitted by the secretary to
 84 13 the executive council state appeal board for its approval or
 84 14 disapproval.  There is appropriated from any funds in the
 84 15 state treasury not otherwise appropriated sufficient funds to
 84 16 carry out the provisions of this section.
 84 17    Sec. 152.  Section 163.51, subsection 4, Code Supplement
 84 18 2001, is amended to read as follows:
 84 19    4.  a.  To the extent that an animal's owner would not
 84 20 otherwise be compensated, section 163.15 shall apply to the
 84 21 owner's loss of any animal destroyed under this section.
 84 22    b.  Upon the request of the executive council state appeal
 84 23 board, the department shall develop and submit a plan to the
 84 24 executive council state appeal board that compensates an owner
 84 25 of property, other than an animal, that is inadvertently
 84 26 destroyed by the department as a result of the department's
 84 27 regulation of activities in a quarantined area.  The plan
 84 28 shall not be implemented without the approval of at least
 84 29 three two members of the executive council state appeal board.
 84 30 The payment of the compensation under the plan shall be made
 84 31 in the same manner as provided in section 163.15.  The owner
 84 32 may submit a claim for compensation prior to the plan's
 84 33 implementation.  The executive council state appeal board may
 84 34 apply the plan retroactively, but not earlier than June 1,
 84 35 2001.
 85  1    Sec. 153.  Section 173.16, unnumbered paragraph 1, Code
 85  2 Supplement 2001, is amended to read as follows:
 85  3    All expenses incurred in maintaining the state fairgrounds
 85  4 and in conducting the annual fair on it, including the
 85  5 compensation and expenses of the officers, members, and
 85  6 employees of the board, shall be recorded by the secretary and
 85  7 paid from the state fair receipts, unless a specific
 85  8 appropriation has been provided for that purpose.  The board
 85  9 may request special capital improvement appropriations from
 85 10 the state and may request emergency funding from the executive
 85 11 council state appeal board for natural disasters.  The board
 85 12 may request that the department of transportation provide
 85 13 maintenance in accordance with section 307A.2, subsection 11.
 85 14    Sec. 154.  Section 173.19, Code 2001, is amended to read as
 85 15 follows:
 85 16    173.19  EXAMINATION OF FINANCIAL AFFAIRS.
 85 17    The auditor of state shall annually examine and report to
 85 18 the executive council governor all financial affairs of the
 85 19 board.
 85 20    Sec. 155.  Section 233A.6, Code 2001, is amended to read as
 85 21 follows:
 85 22    233A.6  VISITS.
 85 23    Members of the executive council, the The governor,
 85 24 lieutenant governor, secretary of state, auditor of state,
 85 25 treasurer of state, secretary of agriculture, attorney
 85 26 general, the lieutenant governor, members of the general
 85 27 assembly, judges of the supreme and district court and court
 85 28 of appeals, magistrates, county attorneys, and persons
 85 29 ordained or designated as regular leaders of a religious
 85 30 community are authorized to visit the state training school at
 85 31 reasonable times.  No other person shall be granted admission
 85 32 except by permission of the superintendent.
 85 33    Sec. 156.  Section 257B.6, Code 2001, is amended to read as
 85 34 follows:
 85 35    257B.6  SALE WITHOUT APPRAISEMENT.
 86  1    When the county board of supervisors has once offered for
 86  2 sale school lands held under section 257B.1A in compliance
 86  3 with the requirements of this chapter, and they remain unsold,
 86  4 and it is unable to obtain the appraised value of the lands
 86  5 and, in the opinion of the board, it is for the best interests
 86  6 of the permanent school fund that the lands be sold for a less
 86  7 price, it may instruct the auditor to transmit to the
 86  8 secretary of state a certified copy of its proceedings in
 86  9 relation to the order of sale of the land and subsequent
 86 10 proceedings in relation to the sale, including the action of
 86 11 the township trustees, and the price per acre at which the
 86 12 land had been appraised.  The secretary of state shall submit
 86 13 the transcript of the proceedings to the executive council
 86 14 department of education; and if it approves of a sale at a
 86 15 less sum, it shall certify the approval to the auditor of the
 86 16 county from which the transcript came.  The certificate shall
 86 17 be recorded in the minute book of the board of supervisors,
 86 18 and the land may again be offered and sold to the highest
 86 19 bidder without again being appraised, after notice given as in
 86 20 case of sales in the first instance.
 86 21    Sec. 157.  Section 257B.20, subsection 3, Code Supplement
 86 22 2001, is amended to read as follows:
 86 23    3.  In savings accounts or in time deposits in Iowa banks
 86 24 approved as depositories by the executive council treasurer of
 86 25 state.
 86 26    Sec. 158.  Section 262.9, subsection 7, Code Supplement
 86 27 2001, is amended to read as follows:
 86 28    7.  With the approval of the executive council governor,
 86 29 acquire real estate for the proper uses of said institutions,
 86 30 and dispose of real estate belonging to said institutions when
 86 31 not necessary for their purposes.  A disposal of such real
 86 32 estate shall be made upon such terms, conditions and
 86 33 consideration as the board may recommend and subject to the
 86 34 approval of the executive council governor.  If real estate
 86 35 subject to sale hereunder has been purchased or acquired from
 87  1 appropriated funds, the proceeds of such sale shall be
 87  2 deposited with the treasurer of state and credited to the
 87  3 general fund of the state.  There is hereby appropriated from
 87  4 the general fund of the state a sum equal to the proceeds so
 87  5 deposited and credited to the general fund of the state to the
 87  6 state board of regents which, with the prior approval of the
 87  7 executive council governor, may be used to purchase other real
 87  8 estate and buildings, and for the construction and alteration
 87  9 of buildings and other capital improvements.  All transfers
 87 10 shall be by state patent in the manner provided by law.
 87 11    Sec. 159.  Section 262.9, subsection 17, Code Supplement
 87 12 2001, is amended to read as follows:
 87 13    17.  In issuing bonds or notes under this chapter, chapter
 87 14 262A, chapter 263A, or other provision of law, select and fix
 87 15 the compensation for, through a competitive selection
 87 16 procedure, attorneys, accountants, financial advisors, banks,
 87 17 underwriters, insurers, and other employees and agents which
 87 18 in the board's judgment are necessary to carry out the board's
 87 19 intention.  Prior to the initial selection, the board shall
 87 20 establish a procedure which provides for a fair and open
 87 21 selection process including, but not limited to, the
 87 22 opportunity to present written proposals and personal
 87 23 interviews.  The board shall maintain a list of firms which
 87 24 have requested to be notified of requests for proposal.  The
 87 25 selection criteria shall take into consideration, but are not
 87 26 limited to, compensation, expenses, experience with similar
 87 27 issues, scheduling, ability to provide the services of
 87 28 individuals with specific knowledge in the relevant subject
 87 29 matter and length of engagement.  The board may waive the
 87 30 requirements for a competitive selection procedure for any
 87 31 specific employment upon adoption of a resolution of the board
 87 32 stating why the waiver is in the public interest and shall
 87 33 provide the executive council governor with written notice of
 87 34 the granting of any such waiver.
 87 35    Sec. 160.  Section 262.10, unnumbered paragraph 1, Code
 88  1 2001, is amended to read as follows:
 88  2    No sale or purchase of real estate shall be made save upon
 88  3 the order of the board, made at a regular meeting, or one
 88  4 called for that purpose, and then in such manner and under
 88  5 such terms as the board may prescribe and only with the
 88  6 approval of the executive council governor.  No member of the
 88  7 board or any of its committees, offices or agencies nor any
 88  8 officer of any institution, shall be directly or indirectly
 88  9 interested in such purchase or sale.
 88 10    Sec. 161.  Section 262.67, Code 2001, is amended to read as
 88 11 follows:
 88 12    262.67  APPROVAL OF EXECUTIVE COUNCIL GOVERNOR.
 88 13    With the approval of the executive council governor, the
 88 14 board is hereby authorized to grant easements for rights of
 88 15 way over, across, and under the surface of public lands under
 88 16 its jurisdiction when in its judgment such easements are
 88 17 desirable and will benefit the state of Iowa.
 88 18    Sec. 162.  Section 263B.8, Code 2001, is amended to read as
 88 19 follows:
 88 20    263B.8  CEMETERY FOR ANCIENT REMAINS.
 88 21    The state archaeologist shall establish, with the approval
 88 22 of the executive council, a cemetery on existing state lands
 88 23 for the reburial of ancient human remains found in the state.
 88 24 The cemetery shall not be open to the public. The state
 88 25 archaeologist in co-operation with the department of natural
 88 26 resources shall be responsible for co-ordinating interment in
 88 27 the cemetery.
 88 28    Sec. 163.  Section 297.30, Code 2001, is amended to read as
 88 29 follows:
 88 30    297.30  PUBLIC SALE.
 88 31    If the owner of the tract from which said site was taken
 88 32 fails to pay the amount of such appraisement to such executive
 88 33 council the treasurer of state within thirty days after the
 88 34 filing of the same with the sheriff, the executive council
 88 35 treasurer of state may sell said site or building to any other
 89  1 person at the appraised value, or may sell the same at public
 89  2 sale to the highest bidder and the proceeds of such sale are
 89  3 to be added to the permanent school fund of the state.
 89  4    Sec. 164.  Section 303.14, unnumbered paragraph 1, Code
 89  5 2001, is amended to read as follows:
 89  6    After archives have been received by the state archivist,
 89  7 they shall not be removed from the state archivist's custody
 89  8 without the state archivist's consent except in obedience to a
 89  9 subpoena of a court of record or a written order of the state
 89 10 executive council.
 89 11    Sec. 165.  Section 307.45, unnumbered paragraph 3, Code
 89 12 2001, is amended to read as follows:
 89 13    Assessments against property owned by the state and not
 89 14 under the jurisdiction and control of the department's
 89 15 administrator of highways shall be made in the same manner as
 89 16 those made against private property and payment shall be made
 89 17 by the executive council state appeal board from any funds of
 89 18 the state not otherwise appropriated.
 89 19    Sec. 166.  Section 313A.24, Code 2001, is amended to read
 89 20 as follows:
 89 21    313A.24  SALE OF EXCESS LAND TO POLITICAL SUBDIVISIONS.
 89 22    If the department deems that any land, including
 89 23 improvements thereon, is no longer required for toll bridge
 89 24 purposes and that it is in the public interest, it may
 89 25 negotiate for the sale of such land to the state or to any
 89 26 city, county, or other political subdivision or municipal
 89 27 corporation of the state.  The department shall certify the
 89 28 agreement for the sale to the state executive council
 89 29 department of administrative services, with a description of
 89 30 the land and the terms of the sale and the state executive
 89 31 council department of administrative services may execute the
 89 32 deed and deliver it to the grantee.
 89 33    Sec. 167.  Section 313A.26, Code 2001, is amended to read
 89 34 as follows:
 89 35    313A.26  ACCEPTANCE OR REJECTION OF BIDS.
 90  1    The department may reject all such bids if the highest bid
 90  2 does not equal the reasonable fair market value of the real
 90  3 property, plus the value of the improvements thereon, computed
 90  4 on the basis of the reproduction value less depreciation.  The
 90  5 department may accept the highest and best bid, and certify
 90  6 the agreement for the sale to the state executive council
 90  7 department of administrative services, with a description of
 90  8 the land and the terms of the sale and the state executive
 90  9 council department of administrative services shall execute
 90 10 the deed and deliver it to the grantee.
 90 11    Sec. 168.  Section 357.27, Code 2001, is amended to read as
 90 12 follows:
 90 13    357.27  PUBLIC PROPERTY IN DISTRICT.
 90 14    Whenever property of the state of Iowa, or any political
 90 15 subdivision thereof, shall be included either wholly or in
 90 16 part within such water district and shall own facilities which
 90 17 may be used as a part of such water system, the executive
 90 18 council, board of supervisors or city council, as the case may
 90 19 be, may permit such use of said facilities for such
 90 20 consideration and on such terms as may be agreed upon with the
 90 21 board of trustees.
 90 22    Sec. 169.  Section 384.56, subsection 1, Code 2001, is
 90 23 amended to read as follows:
 90 24    1.  Cities may assess the cost of a public improvement
 90 25 which extends through, abuts upon, or is adjacent to lands
 90 26 owned by the state, and the executive council state appeal
 90 27 board shall pay the assessable portion of the cost of the
 90 28 improvement through or along the lands as provided.  The
 90 29 executive council state appeal board shall pay assessments as
 90 30 provided in section 307.45.
 90 31    Sec. 170.  Section 384.56, subsection 3, Code 2001, is
 90 32 amended to read as follows:
 90 33    3.  When any portion of the cost of a public improvement is
 90 34 to be paid by the state under this section, the clerk shall,
 90 35 at the time of publication of the notice required by section
 91  1 384.50, mail a copy of the notice to the secretary of the
 91  2 executive council state appeal board.
 91  3    Sec. 171.  Section 421.5, Code 2001, is amended to read as
 91  4 follows:
 91  5    421.5  SETTLING DOUBTFUL CLAIMS FOR TAXES.
 91  6    The director may compromise and settle doubtful and
 91  7 disputed claims for taxes or refunds or tax liability of
 91  8 doubtful collectibility notwithstanding the provisions of
 91  9 section 7D.9 24A.1.  Whenever such a compromise and settlement
 91 10 is made, the director shall make a complete record of the case
 91 11 showing the tax assessed or claimed due, tax refund claimed,
 91 12 recommendations, reports, and audits of departmental personnel
 91 13 if any, the taxpayer's grounds for dispute or contest together
 91 14 with all evidence thereof, and the amounts, conditions, and
 91 15 settlement or compromise of same.
 91 16    Sec. 172.  Section 421.38, subsection 2, Code 2001, is
 91 17 amended by striking the subsection.
 91 18    Sec. 173.  Section 441.73, Code 2001, is amended to read as
 91 19 follows:
 91 20    441.73  LITIGATION EXPENSE FUND.
 91 21    1.  A litigation expense fund is created in the state
 91 22 treasury.  The litigation expense fund shall be used for the
 91 23 payment of litigation expenses incurred by the state to defend
 91 24 property valuations established by the director of revenue and
 91 25 finance pursuant to section 428.24 and chapters 430A, 433,
 91 26 434, 436, 437, 437A, and 438, and for the payment of
 91 27 litigation expenses incurred by the state to defend the
 91 28 imposition of replacement taxes and statewide property taxes
 91 29 under chapter 437A.
 91 30    2.  If the director of revenue and finance determines that
 91 31 foreseeable litigation expenses will exceed the amount
 91 32 available from appropriations made to the department of
 91 33 revenue and finance, the director of revenue and finance may
 91 34 apply to the executive council state appeal board for use of
 91 35 funds on deposit in the litigation expense fund.  The initial
 92  1 application for approval shall include an estimate of
 92  2 potential litigation expenses, allocated to each of the next
 92  3 four succeeding calendar quarters and substantiated by a
 92  4 breakdown of all anticipated costs for legal counsel, expert
 92  5 witnesses, and other applicable litigation expenses.
 92  6    3.  The executive council state appeal board may approve
 92  7 expenditures from the litigation expense fund on a quarterly
 92  8 basis.  Prior to each quarter, the director of revenue and
 92  9 finance shall report to the executive council state appeal
 92 10 board and give a full accounting of actual litigation expenses
 92 11 to date as well as estimated litigation expenses for the
 92 12 remaining calendar quarters of the fiscal year.  The executive
 92 13 council state appeal board may adjust quarterly expenditures
 92 14 from the litigation expense fund based on this information.
 92 15    4.  The executive council state appeal board shall transfer
 92 16 for the fiscal year beginning July 1, 1992, and each fiscal
 92 17 year thereafter, from funds established in sections 405A.8,
 92 18 425.1, and 426.1, an amount necessary to pay litigation
 92 19 expenses.  The amount of the fund for each fiscal year shall
 92 20 not exceed seven hundred thousand dollars.  The executive
 92 21 council state appeal board shall determine annually the
 92 22 proportionate amounts to be transferred from the three
 92 23 separate funds.  At any time when no litigation is pending or
 92 24 in progress the balance in the litigation expense fund shall
 92 25 not exceed one hundred thousand dollars.  Any excess moneys
 92 26 shall be transferred in a proportionate amount back to the
 92 27 funds from which they were originally transferred.
 92 28    Sec. 174.  Section 450.6, unnumbered paragraph 2, Code
 92 29 2001, is amended to read as follows:
 92 30    Upon the approval of the executive council, the The tax
 92 31 liability of a beneficiary, heir, surviving joint tenant or
 92 32 other transferee may be paid, in lieu of money, in whole or in
 92 33 part by the transfer of real property or tangible personal
 92 34 property to the state or a political subdivision of the state
 92 35 to be used for public purposes.  Before the tax liability may
 93  1 be paid by transfer of property to the state, the director of
 93  2 revenue and finance shall approve the transfer.  Before the
 93  3 tax liability may be paid by transfer of property to a
 93  4 political subdivision, the governing body of the political
 93  5 subdivision shall also approve the transfer.  The property
 93  6 transferred in payment of tax shall have been included in the
 93  7 decedent's gross estate for inheritance tax purposes and its
 93  8 value for the payment of the tax shall be the same as its
 93  9 value for inheritance tax purposes.  The acceptance or
 93 10 rejection of the property in payment of the tax liability and
 93 11 the value of the property shall be certified by the executive
 93 12 council to the director of revenue and finance.  The
 93 13 acceptance of the property transferred acts as payment and
 93 14 satisfaction of the inheritance tax liability to the extent of
 93 15 the value of the transferred property, but notwithstanding any
 93 16 other provision, the taxpayer is not entitled to a refund if
 93 17 the transferred property has a value in excess of the tax
 93 18 liability.
 93 19    Sec. 175.  Section 455A.10, Code 2001, is amended to read
 93 20 as follows:
 93 21    455A.10  STATE FISH AND GAME PROTECTION FUND – CAPITAL
 93 22 PROJECTS AND CONTINGENCIES.
 93 23    Funds remaining in the state fish and game protection fund
 93 24 during a fiscal year which are not specifically appropriated
 93 25 by the general assembly are appropriated and may be used for
 93 26 capital projects and contingencies under the jurisdiction of
 93 27 the fish and wildlife division arising during the fiscal year.
 93 28 A contingency shall not include any purpose or project which
 93 29 was presented to the general assembly by way of a bill or a
 93 30 proposed bill and which failed to be enacted into law.  For
 93 31 the purpose of this section, a necessity of additional
 93 32 operating funds may be construed as a contingency.  Before any
 93 33 of the funds authorized to be expended by this section are
 93 34 allocated for contingencies, it shall be determined by the
 93 35 executive council governor that a contingency exists and that
 94  1 the contingency was not existent while the general assembly
 94  2 was in session and that the proposed allocation shall be for
 94  3 the best interests of the state.  If a contingency arises or
 94  4 could reasonably be foreseen during the time the general
 94  5 assembly is in session, expenditures for the contingency must
 94  6 be authorized by the general assembly.
 94  7    Sec. 176.  Section 455J.2, subsection 5, paragraphs b and
 94  8 c, Code 2001, are amended to read as follows:
 94  9    b.  The executive council state appeal board may allocate
 94 10 moneys from the general fund of the state as provided in
 94 11 section 7D.10A 24A.3 in an amount necessary to support the
 94 12 fund, including payment of claims as provided in section
 94 13 455J.5.  However, an allocation of moneys from the general
 94 14 fund of the state shall be made only if the amount of moneys
 94 15 in the fund, which are not obligated or encumbered, and not
 94 16 counting the department's estimate of the cost to the fund for
 94 17 pending or unsettled claims and any amount required to be
 94 18 credited to the general fund of the state under this
 94 19 subsection, is less than one million dollars.
 94 20    c.  The department shall credit an amount to the general
 94 21 fund of the state which is equal to an amount allocated to the
 94 22 fund by the executive council state appeal board under
 94 23 paragraph "b".  The department shall credit the moneys to the
 94 24 general fund of the state if the moneys in the fund which are
 94 25 not obligated or encumbered, and not counting the department's
 94 26 estimate of the cost to the fund for pending or unsettled
 94 27 claims and any amount required to be transferred to the
 94 28 general fund under this paragraph, are in excess of two
 94 29 million five hundred thousand dollars.  The department is not
 94 30 required to credit the total amount to the general fund of the
 94 31 state during any one fiscal year.
 94 32    Sec. 177.  Section 458A.21, unnumbered paragraph 1, Code
 94 33 2001, is amended to read as follows:
 94 34    The state, counties and cities and other political
 94 35 subdivisions may lease publicly owned lands under their
 95  1 respective jurisdictions for the purpose of oil or gas or
 95  2 metallic minerals exploration and production.  Any such leases
 95  3 shall be entered into on behalf of the state by the executive
 95  4 council department of natural resources, on behalf of a county
 95  5 by the board of supervisors, on behalf of a city by the
 95  6 council and on behalf of another political subdivision by the
 95  7 governing body.  The leases shall be upon terms and conditions
 95  8 as agreed upon.
 95  9    Sec. 178.  Section 461A.14, Code 2001, is amended to read
 95 10 as follows:
 95 11    461A.14  REVERSION OF GIFT.
 95 12    If the lands transferred to the state as a gift, or if
 95 13 lands purchased in whole or in part by the state from moneys
 95 14 given for that purpose, shall be abandoned or sold and not
 95 15 used for state park purposes, the donor shall reclaim the land
 95 16 or funds donated by filing the donor's request in writing with
 95 17 the executive council department of natural resources within
 95 18 six months of the time of the abandonment or sale by the state
 95 19 of such lands, but no interest or other charge shall be
 95 20 demanded of or paid by the state.  Any unclaimed funds shall
 95 21 be used for park purposes.
 95 22    Sec. 179.  Section 461A.15, Code 2001, is amended to read
 95 23 as follows:
 95 24    461A.15  USE OF PRIVATE FUNDS.
 95 25    The commission may permit the improvement of parks, when
 95 26 established, or the improvement of bodies of water, upon the
 95 27 border of which such parks may be established, by the
 95 28 expenditure of private funds, such improvement to be done,
 95 29 however, under the direction of the commission, by and with
 95 30 the consent of the executive council.
 95 31    Sec. 180.  Section 461A.18, Code 2001, is amended to read
 95 32 as follows:
 95 33    461A.18  JURISDICTION.
 95 34    Jurisdiction over all meandered streams and lakes of this
 95 35 state and of state lands bordering thereon, not now used by
 96  1 some other state body for state purposes, is conferred upon
 96  2 the commission.  The exercise of this jurisdiction is subject
 96  3 to the approval of the department in matters relating to or in
 96  4 any manner affecting flood control.  The commission, with the
 96  5 approval of the executive council, may establish parts of the
 96  6 property into state parks, and when so established all of the
 96  7 provisions of this chapter relative to public parks apply to
 96  8 the property.
 96  9    Sec. 181.  Section 461A.22, Code 2001, is amended to read
 96 10 as follows:
 96 11    461A.22  SURVEYS AND PLATS.
 96 12    All surveys and plats shall be filed with the secretary of
 96 13 the executive council department of natural resources, and
 96 14 shall become public records of this state.
 96 15    Sec. 182.  Section 461A.25, unnumbered paragraph 1, Code
 96 16 2001, is amended to read as follows:
 96 17    The commission may recommend that the executive council
 96 18 department of natural resources lease property under the
 96 19 commission's jurisdiction.  All leases shall reserve to the
 96 20 public of the state the right to enter upon the property
 96 21 leased for any lawful purpose.  The council may, if it
 96 22 approves the recommendation and the lease to be entered into
 96 23 is for five years or less, execute the lease in behalf of the
 96 24 state and commission.  If the recommendation is for a lease in
 96 25 excess of five years, with the exception of agricultural lands
 96 26 specifically dealt with in Article I, section 24, of the
 96 27 Constitution of the State of Iowa, the council shall advertise
 96 28 for bids.  If a bid is accepted, the lease shall be let or
 96 29 executed by the council in accordance with the most desirable
 96 30 bid. The lease shall not be executed for a term longer than
 96 31 fifty years.  Any such leasehold interest, including any
 96 32 improvements placed on it, shall be listed on the tax rolls as
 96 33 provided in chapters 428 and 443; assessed and valued as
 96 34 provided in chapter 441; taxes shall be levied on it as
 96 35 provided in chapter 444 and collected as provided in chapter
 97  1 445; and the leasehold interest is subject to tax sale,
 97  2 redemption, and apportionment of taxes as provided in chapters
 97  3 446, 447, and 448.  The lessee shall discharge and pay all
 97  4 taxes.
 97  5    Sec. 183.  Section 461A.31, Code 2001, is amended to read
 97  6 as follows:
 97  7    461A.31  SALE OF ISLANDS.
 97  8    No islands in any of the meandered streams and lakes of
 97  9 this state or in any of the waters bordering upon this state
 97 10 shall hereafter be sold, except with the majority vote of the
 97 11 executive council upon the majority recommendation of the
 97 12 commission, and in the event any of such islands are sold as
 97 13 herein provided the proceeds thereof shall become a part of
 97 14 the funds to be expended under the terms and provisions of
 97 15 this chapter.
 97 16    Sec. 184.  Section 461A.32, unnumbered paragraph 2, Code
 97 17 2001, is amended to read as follows:
 97 18    Upon request by resolution of any city or county or any
 97 19 legal agency thereof, the executive council commission may,
 97 20 upon majority recommendation of the commission, convey without
 97 21 consideration to such city or county or legal agency thereof,
 97 22 such public lands under the jurisdiction of the commission as
 97 23 in its judgment may be desirable for city or county parks.
 97 24 Conveyance shall be in the name of the state, with the great
 97 25 seal of the state attached and shall contain a provision that
 97 26 when such lands cease to be used as public park by said city
 97 27 or county such lands revert to the state, and such park shall,
 97 28 within one year after such land has reverted to the state, be
 97 29 restored, as nearly as possible, to the condition it was in
 97 30 when acquired by such city, county or legal agency thereof at
 97 31 the expense of such city, county or legal agency.
 97 32    Sec. 185.  Section 461A.34, Code 2001, is amended to read
 97 33 as follows:
 97 34    461A.34  POWERS IN MUNICIPALITIES.
 97 35    Municipalities, or individuals, or corporations organized
 98  1 for that purpose only, acting separately or in conjunction
 98  2 with each other, may establish like parks outside the limits
 98  3 of cities, and when established without the support of the
 98  4 public state parks fund, the municipalities, corporations, or
 98  5 persons establishing the same, as the case may be, shall have
 98  6 control thereof independently of the executive council; but
 98  7 none of the said municipalities, individuals, or corporations,
 98  8 acting under the provisions of this section shall establish,
 98  9 maintain or operate any such park as herein contemplated for
 98 10 pecuniary profit.
 98 11    Sec. 186.  Section 461A.59, Code 2001, is amended to read
 98 12 as follows:
 98 13    461A.59  POWERS IN MUNICIPALITIES.
 98 14    Municipalities or corporations organized for that purpose
 98 15 only, acting separately or in conjunction with each other in
 98 16 counties not having a county conservation board, may establish
 98 17 water recreational areas and when established without the
 98 18 support of public funds of the state of Iowa, the
 98 19 municipalities or corporations establishing the same, as the
 98 20 case may be, shall have control thereof independently of the
 98 21 executive council.
 98 22    Sec. 187.  Section 461A.75, Code 2001, is amended to read
 98 23 as follows:
 98 24    461A.75  CONDEMNATION OF LAND.
 98 25    Whenever a permit has been granted as provided in section
 98 26 461A.70 and the commission finds that the municipality or
 98 27 corporation owning such permit cannot acquire at a reasonable
 98 28 cost any necessary land or interest therein, the commission,
 98 29 with the approval of the executive council, may condemn such
 98 30 land or interest therein as provided in chapter 6B. However,
 98 31 such condemnation shall be limited to land and interests
 98 32 therein which will be permanently subject to and available for
 98 33 free public access and use, as provided in section 461A.71, or
 98 34 which will be required for a dam or other facilities necessary
 98 35 for the water recreational area.  All costs of such
 99  1 condemnation, including all costs occasioned by appeal as set
 99  2 out in section 6B.33, and including the award and compensation
 99  3 for such land or interest therein, shall be paid by such
 99  4 municipality or corporation.  The commission may permit such
 99  5 municipality or corporation to use such land or interest
 99  6 therein for the purposes of this division, upon such terms,
 99  7 conditions and restrictions as the commission shall determine
 99  8 to be just and proper and for free public access and use.
 99  9 Title to such land or interest therein shall remain in the
 99 10 state of Iowa.
 99 11    Sec. 188.  Section 468.43, unnumbered paragraph 4, Code
 99 12 2001, is amended to read as follows:
 99 13    The assessments against lands under the jurisdiction of the
 99 14 department of natural resources shall be paid by the executive
 99 15 council state appeal board upon certification of the amount by
 99 16 the county treasurer.  There is appropriated from any funds in
 99 17 the general fund of the state not otherwise appropriated
 99 18 amounts sufficient to pay the certified assessments.
 99 19    Sec. 189.  Section 468.220, unnumbered paragraph 2, Code
 99 20 2001, is amended to read as follows:
 99 21    In the case of lands lying within the beds of meandered
 99 22 streams and border streams the permission shall be obtained
 99 23 from the natural resource commission of the department of
 99 24 natural resources.  In the case of lands that are under the
 99 25 control of no office or agency of the state, then the
 99 26 permission shall be obtained from the executive council
 99 27 department of natural resources.
 99 28    Sec. 190.  Section 469A.1, Code 2001, is amended to read as
 99 29 follows:
 99 30    469A.1  CERTIFICATE OF CONVENIENCE AND NECESSITY.
 99 31    It shall be unlawful for any person, firm, association, or
 99 32 corporation to engage in the business of constructing,
 99 33 maintaining, or operating within this state any hydroelectric
 99 34 generating plant or project without first having obtained from
 99 35 the executive council of Iowa utilities board a certificate of
100  1 convenience and necessity declaring that the public
100  2 convenience and necessity require such construction,
100  3 maintenance, or operation.
100  4    Sec. 191.  Section 469A.2, Code 2001, is amended to read as
100  5 follows:
100  6    469A.2  PUBLIC HEARING.
100  7    No certificate of convenience and necessity shall be issued
100  8 by the executive council utilities board except after a public
100  9 hearing thereon.  The executive council utilities board shall,
100 10 upon the filing of an application for such a certificate, fix
100 11 the time of the public hearing thereon and shall prescribe the
100 12 notice which shall be given by the applicant.  Any interested
100 13 person, firm, association, corporation, municipality, state
100 14 board, or commission may intervene and participate in such
100 15 proceeding and at such hearing.
100 16    Sec. 192.  Section 469A.3, Code 2001, is amended to read as
100 17 follows:
100 18    469A.3  PUBLIC WELFARE PROMOTED.
100 19    Before the executive council utilities board shall issue a
100 20 certificate of convenience and necessity, it shall first be
100 21 satisfied that the public convenience and necessity will be
100 22 promoted thereby, that the applicant has the financial ability
100 23 to carry out the terms and conditions imposed, and the
100 24 applicant has in writing agreed to accept, abide by and comply
100 25 with such reasonable terms and conditions as the executive
100 26 council may require and impose.
100 27    Sec. 193.  Section 469A.4, Code 2001, is amended to read as
100 28 follows:
100 29    469A.4  RULES IMPOSED.
100 30    The executive council utilities board shall prescribe such
100 31 rules as it may determine necessary for the administration of
100 32 the provisions of this chapter and may amend such rules at any
100 33 time.
100 34    Sec. 194.  Section 469A.5, Code 2001, is amended to read as
100 35 follows:
101  1    469A.5  COSTS ADVANCED.
101  2    The executive council utilities board shall, upon the
101  3 filing of an application, require the applicant to deposit
101  4 with the secretary of the executive council utilities board
101  5 such amount as the council utilities board shall determine, to
101  6 pay the expenses to be incurred by the executive council
101  7 utilities board in its investigations and in conducting the
101  8 proceedings, and the executive council utilities board may,
101  9 from time to time as it deems necessary, require the deposit
101 10 of additional amounts for such purpose.
101 11    Sec. 195.  Section 469A.6, Code 2001, is amended to read as
101 12 follows:
101 13    469A.6  AMENDMENT OR REVOCATION.
101 14    The executive council utilities board may at any time for
101 15 just cause or upon the failure of the applicant to comply with
101 16 and to obey the terms and conditions attached to the issuance
101 17 of any certificate, or when the public convenience and
101 18 necessity demands, alter, amend, or revoke any certificate
101 19 issued under the provisions of this chapter.
101 20    Sec. 196.  Section 469A.8, Code 2001, is amended to read as
101 21 follows:
101 22    469A.8  UNLAWFUL COMBINATION – RECEIVERSHIP.
101 23    The state may take possession of a dam for which a permit
101 24 has been issued under section 455B.275 through receivership
101 25 proceedings, if the dam becomes owned, leased, trusteed,
101 26 possessed, or controlled by a person in a manner constituting
101 27 an unlawful combination or trust, or if the dam is the subject
101 28 or part of the subject of an agreement to limit the output of
101 29 hydraulic or hydroelectric power derived from the dam for the
101 30 purpose of price fixing.  The receivership proceedings must be
101 31 instituted by the executive council utilities board, and shall
101 32 be conducted for the purpose of disposing of the dam for a
101 33 lawful use.  The proceeds from the disposition shall be used
101 34 to reimburse the state for expenses incurred in the
101 35 receivership.  The remaining proceeds shall be awarded to
102  1 persons found by the court to be entitled to the proceeds.
102  2    Sec. 197.  Section 470.3, subsection 2, Code 2001, is
102  3 amended to read as follows:
102  4    2.  A public agency or a person preparing a life cycle cost
102  5 analysis for a public agency shall consider the methods and
102  6 analytical models provided by the department and available
102  7 through the commissioner, which are suited to the purpose for
102  8 which the project is intended.  Within sixty days of final
102  9 selection of a design architect or engineer, a public agency,
102 10 which is also a state agency under section 7D.34 8A.106, shall
102 11 notify the commissioner and the department of the methodology
102 12 to be used to perform the life cycle cost analysis, on forms
102 13 provided by the department.
102 14    Sec. 198.  Section 470.7, Code 2001, is amended to read as
102 15 follows:
102 16    470.7  LIFE CYCLE COST ANALYSIS – APPROVAL.
102 17    The public agency responsible for the new construction or
102 18 renovation of a public facility shall submit a copy of the
102 19 life cycle cost analysis for review by the commissioner who
102 20 shall consult with the department.  If the public agency is
102 21 also a state agency under section 7D.34 8A.106, comments by
102 22 the department or the commissioner, including any
102 23 recommendation for changes in the analysis, shall, within
102 24 thirty days of receipt of the analysis, be forwarded in
102 25 writing to the public agency.  If either the department or the
102 26 commissioner disagrees with any aspects of the life cycle cost
102 27 analysis, the public agency affected shall timely respond in
102 28 writing to the commissioner and the department.  The response
102 29 shall indicate whether the agency intends to implement the
102 30 recommendations and, if the agency does not intend to
102 31 implement them, the public agency shall present its reasons.
102 32 The reasons may include, but are not limited to, a description
102 33 of the purpose of the facility or renovation, preservation of
102 34 historical architectural features, architectural and site
102 35 considerations, and health and safety concerns.
103  1    Within thirty days of receipt of the response of the public
103  2 agency affected, the department, the commissioner, or both,
103  3 shall notify in writing the public agency affected of the
103  4 department's, the commissioner's, or both's agreement or
103  5 disagreement with the response.  In the event of a
103  6 disagreement, the department, the commissioner, or both, shall
103  7 at the same time transmit the notification of disagreement
103  8 with response and related papers to the executive council
103  9 department of administrative services for resolution pursuant
103 10 to section 7D.34 8A.106.  The life cycle cost analysis
103 11 process, including submittal and approval, and implementation
103 12 exemption requests pursuant to section 470.8, shall be
103 13 completed prior to the letting of contracts for the
103 14 construction or renovation of a facility.
103 15    Sec. 199.  Section 473.12, subsection 2, Code 2001, is
103 16 amended to read as follows:
103 17    2.  The department may, pursuant to section 7D.34 8A.106,
103 18 reduce the cost of financing for implementation of the energy
103 19 conservation measures identified, through funds deposited in
103 20 the state of Iowa facilities improvement corporation
103 21 established by the department.  In order for the state board
103 22 of regents to receive financing under section 7D.34 8A.106,
103 23 the department shall require completion of an energy
103 24 management plan, including an energy audit and a comprehensive
103 25 engineering analysis.
103 26    Sec. 200.  Section 473.13, subsection 2, Code 2001, is
103 27 amended to read as follows:
103 28    2.  The department may, pursuant to section 7D.34 8A.106,
103 29 reduce the cost of financing for implementation of the energy
103 30 conservation measures identified, through funds deposited in
103 31 the state of Iowa facilities improvement corporation
103 32 established by the department.  In order for the state
103 33 department of transportation to receive financing, the
103 34 department shall require completion of an energy management
103 35 plan, including an energy audit and a comprehensive
104  1 engineering analysis.
104  2    Sec. 201.  Section 491.10, Code 2001, is amended to read as
104  3 follows:
104  4    491.10  INTERPRETATIVE CLAUSE.
104  5    Nothing in sections 491.5 to 491.9 491.8 shall be construed
104  6 as repealing or modifying any statute now in force in respect
104  7 to the approval of articles of incorporation relating to
104  8 insurance companies, building and loan associations, or
104  9 investment companies.
104 10    Sec. 202.  Section 491.107, unnumbered paragraph 2, Code
104 11 2001, is amended to read as follows:
104 12    The procedure set forth in sections 491.6 to 491.9 491.8 of
104 13 this chapter shall be applicable to the filing of articles of
104 14 consolidation or merger.
104 15    Sec. 203.  Section 492.2, Code 2001, is amended to read as
104 16 follows:
104 17    492.2  EFFECT OF VIOLATION.
104 18    Any certificate of stock issued, delivered, or transferred
104 19 in violation of section 492.1 when the corporation has not
104 20 received payment therefor at par in money or property at a
104 21 valuation approved by the executive council treasurer of
104 22 state, shall be void, and the issuance, delivery, or transfer
104 23 of each certificate shall be considered a separate
104 24 transaction.
104 25    Sec. 204.  Section 492.6, unnumbered paragraph 1, Code
104 26 2001, is amended to read as follows:
104 27    If it is proposed to pay for said capital stock in property
104 28 or in any other thing than money, the corporation proposing
104 29 the same must, before issuing capital stock in any form, apply
104 30 to the executive council treasurer of the state for leave so
104 31 to do.  Such application shall state the amount of capital
104 32 stock proposed to be issued for a consideration other than
104 33 money, and set forth specifically the property or other thing
104 34 to be received in payment for such stock, providing that the
104 35 foregoing provision shall not apply to trust companies or
105  1 insurance companies organized under the laws of this state.
105  2    Sec. 205.  Section 492.7, Code 2001, is amended to read as
105  3 follows:
105  4    492.7  EXECUTIVE COUNCIL TREASURER TO FIX AMOUNT.
105  5    The executive council treasurer of state or the
105  6 commissioner of insurance as the case may be, shall make
105  7 investigation, under such rules as it may prescribe, and
105  8 ascertain the real value of the property or other thing which
105  9 the corporation is to receive for the stock.  It shall enter
105 10 its finding, fixing the value at which the corporation may
105 11 receive the same in payment for capital stock; and no
105 12 corporation shall issue capital stock for the said property or
105 13 thing in a greater amount than the value so fixed.
105 14    Sec. 206.  Section 497.13, Code 2001, is amended to read as
105 15 follows:
105 16    497.13  ISSUE OF SHARES AS PAYMENT.
105 17    Whenever an association created under this chapter shall
105 18 purchase the business of another association, person, or
105 19 persons, it may pay for the same in whole or in part by
105 20 issuing to the selling association or person shares of its
105 21 capital stock to an amount, which at fair market value as
105 22 determined by the executive council treasurer of state, would
105 23 equal the fair market value of the business so purchased as
105 24 determined by the executive council treasurer of state as in
105 25 cases of other corporations.
105 26    Sec. 207.  Section 509A.5, unnumbered paragraph 2, Code
105 27 2001, is amended to read as follows:
105 28    Any interest earnings from investments or time deposits of
105 29 the funds under the control of the state executive council
105 30 governor shall be deposited to the credit of these funds.
105 31    Sec. 208.  Section 509A.11, subsection 1, Code 2001, is
105 32 amended to read as follows:
105 33    1.  "Governing body" means the executive council of the
105 34 state governor, the school boards of school districts, and the
105 35 superintendent or other person in charge of an institution
106  1 supported in whole or in part by public funds.
106  2    Sec. 209.  Section 534.515, subsection 2, Code 2001, is
106  3 amended to read as follows:
106  4    2.  STATEMENT OF RESOURCES, LIABILITIES, AND PLAN.  Every
106  5 such unincorporated organization, association, society,
106  6 partnership, or individual conducting and carrying on the
106  7 business defined in this section shall, before transacting any
106  8 business in this state, submit to the executive council
106  9 superintendent a full and complete sworn statement of the
106 10 resources and liabilities of such organization, association,
106 11 society, partnership, or individual, and of the proposed plan
106 12 or method of doing business.
106 13    Sec. 210.  Section 534.515, subsection 6, Code 2001, is
106 14 amended to read as follows:
106 15    6.  APPROVAL – CERTIFICATE OF AUTHORITY.  If the executive
106 16 council superintendent approves the plan or method of business
106 17 of such a building and loan association, it shall endorse its
106 18 approval upon the statement of the resources and liabilities
106 19 and plan of business presented to it, and the statement shall
106 20 be filed in the office of the superintendent, who shall issue
106 21 a certificate to the building and loan association to transact
106 22 business within the state, if the association has deposited
106 23 with the superintendent the mortgages and securities required
106 24 by the other provisions of this chapter.
106 25    Sec. 211.  Section 534.515, subsection 13, Code 2001, is
106 26 amended to read as follows:
106 27    13.  REVOCATION OF CERTIFICATE – RECEIVER.  If any such
106 28 building and loan association holding a certificate of
106 29 authority to transact business within this state issued by the
106 30 superintendent as provided in this chapter, shall violate any
106 31 of the provisions of this chapter, or shall fail to deposit
106 32 with the superintendent such further amount of mortgages or
106 33 securities as the superintendent may require under this
106 34 chapter, the superintendent shall at once revoke the
106 35 certificate and notify the executive council superintendent of
107  1 its revocation; and under the direction of the executive
107  2 council superintendent, application shall be made by the
107  3 attorney general to the proper court for the appointment of a
107  4 receiver to wind up the affairs of the association.  In the
107  5 proceedings the amount due from the borrowing members or
107  6 persons making periodical payments upon contracts or mortgages
107  7 given by them shall be ascertained in the manner provided in
107  8 section 534.405; and the amount owing upon mortgages or
107  9 contracts from members of the association or persons making
107 10 periodical payments to it, shall be treated and considered as
107 11 due and payable within a reasonable time, to be fixed by the
107 12 court after the appointment of a receiver.
107 13    Sec. 212.  Section 568.8, Code 2001, is amended to read as
107 14 follows:
107 15    568.8  CONTRACT FOR SURVEY.
107 16    The secretary of state shall make a contract with some
107 17 surveyor for making such survey; the surveyor to furnish all
107 18 the chainpersons and other attendants and pay all necessary
107 19 expenses, which contract before it becomes binding shall be
107 20 submitted to and approved by the executive council.
107 21    Sec. 213.  Section 568.11, Code 2001, is amended to read as
107 22 follows:
107 23    568.11  LEASE AUTHORIZED – LANDS READVERTISED – SALE.
107 24    If no application is filed for the purchase of the land
107 25 within the sixty-day period by a bona fide occupant, and if no
107 26 bids are received for the purchase thereof, on or before the
107 27 date of the sale as advertised, then the secretary of state is
107 28 authorized to lease the land for a period of from one to five
107 29 years, upon as favorable terms as the secretary can obtain.
107 30 At the expiration of such lease the secretary shall
107 31 readvertise the land for sale in the manner provided in
107 32 section 568.10.  If no bids for the purchase of the land are
107 33 received on the date of the second advertised sale, then the
107 34 secretary of state shall submit the matter to the executive
107 35 council, and they may either order the land reappraised in the
108  1 manner provided in section 568.7, and then advertised and sold
108  2 in the manner provided in section 568.10, or if they deem the
108  3 secretary deems it advisable, they may authorize the secretary
108  4 of state to may sell the land for less than the appraised
108  5 value.  In such event the secretary of state shall readvertise
108  6 the land for sale in the manner provided in section 568.10,
108  7 and such advertisement shall also state that the land will be
108  8 sold to the highest bidder without restrictions as to the
108  9 appraised value.
108 10    Sec. 214.  Section 568.14, Code 2001, is amended to read as
108 11 follows:
108 12    568.14  BOUNDARY COMMISSION.
108 13    If in any proceeding contemplated by the provisions of this
108 14 chapter, it shall become necessary to determine the boundary
108 15 line between this state and either of the states adjoining,
108 16 the matter shall then be at once referred to the executive
108 17 council governor, who shall thereupon proceed to confer with
108 18 the proper authority of such adjoining state, and if the co-
108 19 operation of the proper authority of such adjoining state
108 20 shall be obtained, then the executive council governor shall
108 21 appoint a commission of three disinterested, competent
108 22 persons, who shall, in conjunction with the parties acting for
108 23 such adjoining state, have authority to ascertain and locate
108 24 the true boundary line between this state and such adjoining
108 25 state, so far as the particular land under consideration at
108 26 the time is concerned.  The report of the commissioners with a
108 27 statement of their findings shall be submitted to the
108 28 executive council governor, who shall file the same with the
108 29 clerk of the state land office in the office of the secretary
108 30 of state.  The line so ascertained and located shall
108 31 constitute the true and permanent boundary line between this
108 32 state and such other state to the extent such line shall be so
108 33 ascertainable and located.
108 34    Sec. 215.  Section 568.16, Code 2001, is amended to read as
108 35 follows:
109  1    568.16  PURCHASE MONEY REFUNDED.
109  2    If the grantee of the state, or the grantee's successors,
109  3 administrators, or assigns, shall be deprived of the land
109  4 conveyed by the state under this chapter by the final decree
109  5 of a court of record for the reason that the conveyance by the
109  6 state passed no title whatever to the land therein described,
109  7 because title thereto had previously for any reason been
109  8 vested in others, then the money so paid the state for the
109  9 said land shall be refunded by the state to the person or
109 10 persons entitled thereto, provided the said grantee, or the
109 11 grantee's successors, administrators, or assigns, shall file a
109 12 certified copy of the transcript of the said final decree with
109 13 the executive council state appeal board within one year from
109 14 the date of the issuance of such decree, and shall also file
109 15 satisfactory proof with the executive council state appeal
109 16 board that the action over the title to the land was commenced
109 17 within ten years from the date of the issuance of patent or
109 18 deed by the state.  The amount of money to be refunded under
109 19 the provisions of this section shall be certified by the
109 20 executive council state appeal board to the director of
109 21 revenue and finance the department of administrative services,
109 22 who shall draw a warrant therefor, and the same shall be paid
109 23 out of the general fund.
109 24    Sec. 216.  Section 568.18, Code 2001, is amended to read as
109 25 follows:
109 26    568.18  GOOD FAITH POSSESSION – PREFERENCE.
109 27    If any lands in the present or in any former channel of any
109 28 navigable river, or island therein, or any lands formed by
109 29 accretion or avulsion in consequence of the changes of the
109 30 channel of any such river, have been for ten years or more in
109 31 the possession of any person, company, or corporation, or of
109 32 its grantors or predecessors in interest under a bona fide
109 33 claim of ownership, and the person, company or corporation so
109 34 in possession, or its grantors or predecessors in interest,
109 35 have paid state or county taxes upon said lands for a period
110  1 of five years, and have in good faith and under bona fide
110  2 claim of title made valuable improvements thereon, and also in
110  3 any other case where, in the judgment of the executive council
110  4 department of natural resources, the person in possession of
110  5 any land subject to the provisions of this chapter, has, in
110  6 equity and good conscience, a substantial interest therein,
110  7 then the said lands shall be sold to the person, company, or
110  8 corporation so in possession thereof as hereinafter provided.
110  9    Sec. 217.  Section 568.19, Code 2001, is amended to read as
110 10 follows:
110 11    568.19  NOTICE – ACTION TO DETERMINE TITLE AND VALUE –
110 12 PATENT.
110 13    When any person, company, or corporation so in possession
110 14 of any such lands shall give to the secretary of state written
110 15 notice of its claim, or whenever the executive council
110 16 department of natural resources shall deem it advisable, it
110 17 shall be the duty of the attorney general to bring an action
110 18 in equity, in the district court of the county in which said
110 19 lands are situated, against the party in possession thereof to
110 20 determine the title of the state to such lands, and the value
110 21 thereof, exclusive of improvements made thereon by the
110 22 occupant or by its grantors or predecessors in interest.  If
110 23 the person, company, or corporation in possession of such land
110 24 shall, after the court has determined the value thereof as
110 25 herein provided, tender to the secretary of state the amount
110 26 adjudged to be the value of said lands, exclusive of
110 27 improvements made thereon by the occupant or by its grantors
110 28 or predecessors in interest, a deed or patent of such land
110 29 shall be executed by the governor, attested by the secretary
110 30 of state, and delivered to the person, company, or corporation
110 31 making such tender, as provided by law.  If the person,
110 32 company, or corporation so in possession shall fail to pay to
110 33 the state the amount so adjudged within six months after the
110 34 final determination of the action so brought by the state,
110 35 then said lands shall be subject to the other provisions of
111  1 this chapter.
111  2    Sec. 218.  Section 568.21, Code 2001, is amended to read as
111  3 follows:
111  4    568.21  SALE OR LEASE AUTHORIZED.
111  5    The executive council of the state department of natural
111  6 resources is hereby authorized and empowered to sell, convey,
111  7 lease, or demise any of the islands belonging to the state
111  8 which are within the meandered banks of rivers in the state,
111  9 and to execute and deliver a patent or lease thereof. Nothing
111 10 in this and sections 568.22 to 568.25 shall be construed to
111 11 apply to islands in the Mississippi or Missouri rivers.
111 12    Sec. 219.  Section 568.22, Code 2001, is amended to read as
111 13 follows:
111 14    568.22  SURVEY – APPRAISEMENT – SALE.
111 15    Before a sale of any island is made under the provisions of
111 16 section 568.21, the executive council department of natural
111 17 resources shall cause a survey and plat of such island to be
111 18 made, showing its location and area, and the plat and notes of
111 19 such survey shall be filed with the secretary of state.  The
111 20 land composing the island shall then be appraised by a
111 21 commission appointed by the governor, consisting of three
111 22 disinterested freeholders of the state, who shall report their
111 23 appraisement to the executive council department of natural
111 24 resources.  The sale of the island shall then be advertised
111 25 once each week for four consecutive weeks in some newspaper of
111 26 general circulation published in the county where the island
111 27 is located, and proof of such publication filed with the
111 28 executive council department of natural resources.  The sale
111 29 shall be made upon written bids addressed to the executive
111 30 council of the state department of natural resources, and the
111 31 advertisement shall fix the time when such bids will be
111 32 received and opened.  All bids shall be opened by the
111 33 executive council department of natural resources at the time
111 34 fixed, and the island may thereupon be sold to the highest
111 35 bidder and at not less than its appraised value.
112  1    Sec. 220.  Section 568.23, Code 2001, is amended to read as
112  2 follows:
112  3    568.23  LEASE.
112  4    If it shall be deemed expedient to lease any such island, a
112  5 lease thereof may be made upon written bids addressed to the
112  6 executive council department of natural resources, and the
112  7 island proposed to be leased shall be surveyed and platted,
112  8 and notice of the leasing thereof and of the receiving and
112  9 opening of bids shall be published, in the manner provided in
112 10 section 568.22, but no appraisement shall be necessary. Upon
112 11 the opening of the bids received by the executive council
112 12 department of natural resources it may make a lease of such
112 13 island to the highest bidder for such term as is deemed
112 14 advisable.
112 15    Sec. 221.  Section 568.24, Code 2001, is amended to read as
112 16 follows:
112 17    568.24  SALES AND LEASES FOR CASH – EXPENSES.
112 18    All sales and leases must be for cash, and the money
112 19 received therefor shall be paid into the state treasury. All
112 20 expenses incurred in making the survey, plat, appraisement,
112 21 sale, or lease of any such island shall be certified by the
112 22 executive council department of natural resources to the
112 23 director of revenue and finance, who shall draw a warrant upon
112 24 the state treasury for the amount, and the same shall be paid
112 25 from the general fund.
112 26    Sec. 222.  Section 568.25, Code 2001, is amended to read as
112 27 follows:
112 28    568.25  PATENT OR LEASE.
112 29    When any sale or lease of any island belonging to the state
112 30 is made by the executive council department of natural
112 31 resources as herein provided, the governor shall execute and
112 32 deliver to the purchaser or lessee a patent or a lease
112 33 thereof, as the case may be, duly attested by the seal of the
112 34 state.
112 35    Sec. 223.  Section 569.5, Code 2001, is amended to read as
113  1 follows:
113  2    569.5  MANAGEMENT.
113  3    When the title to real estate becomes vested in the state,
113  4 or in a county or municipality under this chapter, or by
113  5 conveyance under the statutes relating to taxation, the
113  6 executive council department of administrative services, board
113  7 of supervisors, or other governing body, as the case may be,
113  8 shall manage, control, protect by insurance, lease, or sell
113  9 said real estate on such terms, conditions, or security as
113 10 said governing body may deem best.
113 11    Sec. 224.  Section 602.10133, Code 2001, is amended to read
113 12 as follows:
113 13    602.10133  COSTS AND EXPENSES.
113 14    The court costs incident to such proceedings, and the
113 15 reasonable expense of said judges in attending said hearing
113 16 after being approved by the supreme court shall be paid as
113 17 court costs by the executive council state appeal board.
113 18    Sec. 225.  Section 663.44, unnumbered paragraph 2, Code
113 19 2001, is amended to read as follows:
113 20    However, where the plaintiff is confined in any state
113 21 institution, and is discharged in habeas corpus proceedings,
113 22 or where the habeas corpus proceedings fail and costs and fees
113 23 cannot be collected from the person liable to pay the same,
113 24 such costs and fees shall be paid by the county in which such
113 25 state institution is located.  The facts of such payment and
113 26 the proceedings on which it is based, with a statement of the
113 27 amount of fees or costs incurred, with approval in writing by
113 28 the presiding judge appended to such statement or endorsed
113 29 thereon, shall then be certified by the clerk of the district
113 30 court under the seal of office to the state executive council
113 31 appeal board.  The executive council state appeal board shall
113 32 then review the proceedings and authorize reimbursement for
113 33 all such fees and costs or such part thereof as the executive
113 34 council state appeal board shall find justified, and shall
113 35 notify the director of revenue and finance to draw a warrant
114  1 to such county treasurer on the state general fund for the
114  2 amount authorized.  The costs and fees referred to above shall
114  3 include any award of fees made to a court appointed attorney
114  4 representing an indigent party bringing the habeas corpus
114  5 action.
114  6    Sec. 226.  Section 668A.1, subsection 2, paragraph b, Code
114  7 2001, is amended to read as follows:
114  8    b.  If the answer or finding pursuant to subsection 1,
114  9 paragraph "b", is negative, after payment of all applicable
114 10 costs and fees, an amount not to exceed twenty-five percent of
114 11 the punitive or exemplary damages awarded may be ordered paid
114 12 to the claimant, with the remainder of the award to be ordered
114 13 paid into a civil reparations trust fund administered by the
114 14 state court administrator.  Funds placed in the civil
114 15 reparations trust shall be under the control and supervision
114 16 of the executive council attorney general's office, and shall
114 17 be disbursed only for purposes of indigent civil litigation
114 18 programs or insurance assistance programs.
114 19    Sec. 227.  Section 693.1, Code 2001, is amended to read as
114 20 follows:
114 21    693.1  CONTRACT AUTHORIZED.
114 22    The commissioner of public safety may enter into such
114 23 contracts as the commissioner may deem necessary for the
114 24 purpose of utilizing a special radio broadcasting system for
114 25 law enforcement and police work and for direct and rapid
114 26 communication with the various peace officers of the state.
114 27 The said commissioner shall be empowered, subject to the
114 28 approval of the governor and executive council, to equip
114 29 divisional headquarters, cars, and motorcycles in the
114 30 department with radio sending or receiving apparatus or both.
114 31    Sec. 228.  Section 904.512, Code 2001, is amended to read
114 32 as follows:
114 33    904.512  VISITS.
114 34    Members of the executive council, the The governor,
114 35 lieutenant governor, secretary of state, auditor of state,
115  1 treasurer of state, secretary of agriculture, attorney
115  2 general, the lieutenant governor, members of the general
115  3 assembly, judges of the supreme and district court and court
115  4 of appeals, judicial magistrates, county attorneys and persons
115  5 ordained or designated as regular leaders of a religious
115  6 community are authorized to visit all institutions under the
115  7 control of the Iowa department of corrections at reasonable
115  8 times.  No other person shall be granted admission except by
115  9 permission of the superintendent.
115 10    Sec. 229.  Section 904.808, subsection 1, paragraph b, Code
115 11 2001, is amended to read as follows:
115 12    b.  When the state director releases, in writing, the
115 13 obligation of the department or agency to purchase the product
115 14 from Iowa state industries, after determining that Iowa state
115 15 industries is unable to meet the performance characteristics
115 16 of the purchase request for the product, and a copy of the
115 17 release is attached to the request to the director of revenue
115 18 and finance for payment for a similar product, or when Iowa
115 19 state industries is unable to furnish needed products,
115 20 comparable in both quality and price to those available from
115 21 alternative sources, within a reasonable length of time.  Any
115 22 disputes arising between a purchasing department or agency and
115 23 Iowa state industries regarding similarity of products, or
115 24 comparability of quality or price, or the availability of the
115 25 product, shall be referred to the director administrator of
115 26 the department of general services physical resources division
115 27 of the department of administrative services, whose decision
115 28 shall be subject to appeal as provided in section 18.7.
115 29 However, if the purchasing department is the department of
115 30 general administrative services, any matter which would be
115 31 referred to the director under this paragraph shall be
115 32 referred to the executive council department of management in
115 33 the same manner as if the matter were to be heard by the
115 34 director administrator of the department of general services
115 35 division.  The decision of the executive council department of
116  1 management is final.
116  2    Sec. 230.  Chapter 7D, Code 2001, is repealed.
116  3    Sec. 231.  Chapter 15C, Code 2001, is repealed.
116  4    Sec. 232.  Section 66.26, Code 2001, is repealed.
116  5    Sec. 233.  Section 66.27, Code 2001, is repealed.
116  6    Sec. 234.  Section 217.20, Code 2001, is repealed.
116  7    Sec. 235.  Section 491.9, Code 2001, is repealed.
116  8    Sec. 236.  Section 904.114, Code 2001, is repealed.  
116  9                           EXPLANATION
116 10    This bill provides for the reorganization of several
116 11 departments of state government by establishing a new
116 12 department of administrative services and provides for the
116 13 repeal of the executive council and the transfer or
116 14 elimination of the duties of the executive council.
116 15    The bill creates a new department of administrative
116 16 services.  The bill provides that the purpose of the new
116 17 department is to manage and coordinate the major resources of
116 18 state government including the personnel, financial, physical,
116 19 and information assets of state government.
116 20    The new department consists of four divisions, three of
116 21 which correspond to current state departments.  The current
116 22 departments of personnel, information technology, and general
116 23 services are reorganized into divisions within the new
116 24 department.  The division for personnel is renamed the human
116 25 resources division and the division for general services is
116 26 renamed the physical resources division.  In addition, a
116 27 division of financial administration is created and given
116 28 certain duties currently performed by the department of
116 29 revenue and finance.
116 30    The bill provides that the current directors of the
116 31 departments of personnel, information technology, and general
116 32 services are no longer appointed by the governor but are
116 33 appointed by the director of the new department.
116 34    In regards to the information technology division, the bill
116 35 provides that the department of administrative services will
117  1 determine the division's budget recommendation and legislative
117  2 proposals.  Currently, the information technology council has
117  3 the authority to recommend a budget and legislative proposals.
117  4 In addition, the bill eliminates the current divisions within
117  5 the information technology department.
117  6    The new financial administration division is given many of
117  7 the duties previously transferred to the department of revenue
117  8 and finance when the state comptroller position was
117  9 eliminated.  Other duties currently performed by the
117 10 department of revenue and finance are also transferred to the
117 11 new division.  The bill provides that the new division assumes
117 12 the accounting functions transferred to the department of
117 13 revenue and finance from the state comptroller's office in
117 14 legislation enacted in 1986 and provides that the division is
117 15 responsible for establishing setoff procedures concerning
117 16 certain liabilities owed the state.  The bill also provides
117 17 that the current duties of the department of revenue and
117 18 finance under current Code sections 421.31 through 421.45 are
117 19 transferred to the new division.  Of the duties transferred,
117 20 many include the responsibility for the collection and payment
117 21 of moneys into and from the treasury such as the payment of
117 22 warrants.  In addition, current Code references to the
117 23 responsibility of the director of revenue and finance to
117 24 provide for warrants is changed to the director of the new
117 25 department in this bill.
117 26    The bill also provides that rules adopted, or licenses or
117 27 permits issued, by state agencies that are altered, merged, or
117 28 dissolved by this bill remain in effect until the successor
117 29 state agency amends, repeals, or supplements them.  The bill
117 30 also provides for the updating of the Iowa administrative code
117 31 based upon the restructuring provided in the bill.
117 32    The bill also repeals Code chapter 7D, which establishes
117 33 the executive council.  In addition, Code chapter 15C,
117 34 concerning the world trade center, is also repealed.  The
117 35 executive council currently consists of the governor,
118  1 secretary of state, auditor of state, treasurer of state, and
118  2 the secretary of agriculture.  Of the duties performed by the
118  3 executive council, some duties are eliminated while other
118  4 duties are transferred to other state departments or
118  5 constitutional officers.  The applicable Code section or
118  6 chapter is referenced in parentheses.
118  7    The bill repeals and eliminates the following duties,
118  8 powers, and responsibilities of the executive council:  the
118  9 ability to designate additional paid holidays for state
118 10 employees (1C.2), the report for the official register (7D.6),
118 11 the receipt of the report of unexpended balances on special
118 12 work (7D.11), the notice to transfer balance regarding special
118 13 funds (7D.12), the order and duty to transfer the balance in
118 14 special funds to the general fund (7D.13, 7D.14), the creation
118 15 of the public policy research foundation (7D.15), the ability
118 16 to employ others for the performance of duty (7D.29, 7D.30),
118 17 the state employee suggestion system (70.33), and the ability
118 18 to remove any appointive state officer from office for bad
118 19 conduct (66.26, 66.27).  In addition, the bill eliminates the
118 20 requirement that executive council authority is needed for the
118 21 auditor to employ accountants (11.32), to distribute old Iowa
118 22 Codes (18.95), to contract for workers' compensation services
118 23 (19A.32), for the workers' compensation commissioner to enter
118 24 into certain contracts (86.8), to set the salary of certain
118 25 licensing board secretaries and directors (147.102, 147.103A,
118 26 152.2), to permit certain out-of-state travel (217.20,
118 27 421.38), and to approve the sale of park lands or islands by
118 28 the natural resource commission (461A).  The bill also
118 29 eliminates the ability of the executive council to review the
118 30 decision of the administrator of the physical resources
118 31 division granting a state agency request for direct purchasing
118 32 (18.6), or to review the decision of the administrator of the
118 33 physical resources division resolving a dispute involving
118 34 purchasing from Iowa state industries.
118 35    The following duties, powers, and responsibilities of the
119  1 executive council are transferred to the governor:  the
119  2 responsibility for establishing the state employee deferred
119  3 compensation plan, the ability to employ special counsel in
119  4 lieu of the attorney general (13.3, 13.7), the ability to
119  5 authorize indebtedness for state institutions (72.2), the
119  6 approval of all contracts for the sale of bonds issued by the
119  7 state (75.8), the review of certain purchasing authority by
119  8 the state board of regents (262), expending money from the
119  9 fish and game protection fund for contingencies (455A.10), and
119 10 certain boundary commission proceedings (568.14).
119 11    The following duties, powers, and responsibilities of the
119 12 executive council are transferred to the treasurer:  the
119 13 ability to issue state warrants in anticipation of revenues
119 14 (new 12.26A from 7D.8), the public sale of mining camp schools
119 15 (297.30), and ascertaining the value of certain securities
119 16 (492, 497.13).
119 17    The following duties, powers, and responsibilities of the
119 18 executive council are transferred to the superintendent of
119 19 savings and loan associations:  duties concerning
119 20 unincorporated associations (534.515).
119 21    The following duties, powers, and responsibilities of the
119 22 executive council are transferred to the attorney general's
119 23 office:  the control and supervision of the civil reparations
119 24 trust (668A.1).
119 25    The following duties, powers, and responsibilities of the
119 26 executive council are transferred to the state appeal board
119 27 (the board consists of the director of the department of
119 28 management, the auditor of state, and the treasurer of state):
119 29 the ability to compromise certain claims (current 7D.9, now
119 30 24A.1), the payment of court costs (current 7D.10, now 24A.2,
119 31 602.10133, 663.44), allocation to the manure storage indemnity
119 32 fund (current 7D.10A, now 24A.3, 455J.2), authorize
119 33 expenditures from unappropriated funds for certain leases and
119 34 contracts by the administrator of the division of general
119 35 services (18.12), payment from a contingent fund for disasters
120  1 (29A.27, 29C.20), approve requests for funds to meet
120  2 emergencies relating to the special employment security
120  3 contingency fund (96.13), approve expenditures for the payment
120  4 to an owner of a killed animal (163.15, 163.51), approve
120  5 emergency funding for state fair maintenance for a natural
120  6 disaster (173.16), approve the payment of money to a city or
120  7 county for the cost of a public improvement which affects
120  8 state lands (384.56, 468.43), approve the use by the director
120  9 of revenue and finance of moneys in the litigation expense
120 10 fund (441.73), and the refund of moneys relating to islands
120 11 and abandoned river channels (568.16).
120 12    The following duties, powers, and responsibilities of the
120 13 executive council are transferred to the new department of
120 14 administrative services:  certain eminent domain authority
120 15 (6A.1, 6A.2), the inventory of state property (7A.30), the
120 16 energy conservation lease-purchase program (current 7D.34, now
120 17 8A.106, 470.7), the authority to resolve disputes between the
120 18 department of natural resources and the state building code
120 19 commissioner (current 7D.35, now 8A.107), review of revolving
120 20 fund administrative costs (18.9), determining the status of
120 21 employees in regards to the interchange of federal, state, and
120 22 local government employees (28D.6), the sale of lands not
120 23 needed for an armory (29A.57), providing suitable quarters for
120 24 the division of records and statistics (144.2), to execute the
120 25 deeds for the sale of land no longer needed for toll bridges
120 26 by the state department of transportation (313A.24, 313A.26),
120 27 and the authority to manage property that comes under the
120 28 control of the state under Iowa Code chapter 569.
120 29    The following duties, powers, and responsibilities of the
120 30 executive council are transferred to the department of natural
120 31 resources:  authorizing the lease of public lands for oil or
120 32 gas exploration (458A.21), several duties relating to public
120 33 lands and waters under Code chapter 461A, granting permission
120 34 of any levee or drainage district to occupy and use for any
120 35 lawful levee or drainage purpose certain land owned by the
121  1 state of Iowa not under the control of any state agency
121  2 (468.220).
121  3    The department of management is also designated as the
121  4 agency to certify allocation of funds to school districts from
121  5 counties under Code section 161E.14 and is given the authority
121  6 to review certain disputes between prison industries and the
121  7 division of general services under Code section 904.808.  The
121  8 department of education is also given the authority to approve
121  9 the sale of certain school lands without an appraisement
121 10 (257B.6).  The utilities board is also given the duties
121 11 originally granted to the executive council concerning Code
121 12 chapter 469A relating to hydroelectric plants.  
121 13 LSB 6922HV 79
121 14 ec/cls/14.1
     

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