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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 ofrevenue and finance1 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 ofrevenue1 27and financethe 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 ofrevenue and finance2 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 ofrevenue and financethe 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 ofpersonneladministrative services, 3 27 created in section19A.18A.102, which has primary 3 28 responsibility forpersonnelthe 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 management4 2and 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 section421.318A.503, subsection69. 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 ofrevenue and financeadministrative 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 ofrevenue and financeadministrative 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 chapters 8D 9 14 and 14B. The mission of the division is to foster the 9 15 development and application of information technology to 9 16 improve the lives of Iowans. The division assists in the 9 17 management and coordination of information and information 9 18 technology 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 8D.2, subsection 2, Code Supplement 2001, 24 12 is amended to read as follows: 24 13 2."Director" means the executive director appointed24 14pursuant to section 8D.4"Division" means the information 24 15 technology division of the department of administrative 24 16 services created in section 8A.201. 24 17 Sec. 39. Section 8D.3, Code 2001, is amended by striking 24 18 the section and inserting in lieu thereof the following: 24 19 8D.3 IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION – 24 20 MEMBERS – DUTIES. 24 21 1. COMMISSION ESTABLISHED. A telecommunications and 24 22 technology commission is established with the authority to 24 23 advise and assist the division in supervising the management, 24 24 development, and operation of the network and ensuring that 24 25 all components of the network are technically compatible. 24 26 2. MEMBERS. The commission is composed of five members 24 27 appointed by the governor and subject to confirmation by the 24 28 senate. Members of the commission shall not serve in any 24 29 manner or be employed by an authorized user of the network or 24 30 by an entity seeking to do or doing business with the network. 24 31 The governor shall appoint a member as the chairperson of the 24 32 commission from the five members appointed by the governor, 24 33 subject to confirmation by the senate. Members of the 24 34 commission shall serve six-year staggered terms as designated 24 35 by the governor and appointments to the commission are subject 25 1 to the requirements of sections 69.16, 69.16A, and 69.19. 25 2 Vacancies shall be filled by the governor for the duration of 25 3 the unexpired term. The salary of the members of the 25 4 commission shall be determined by the governor. Members of 25 5 the commission shall also be reimbursed for all actual and 25 6 necessary expenses incurred in the performance of duties as 25 7 members. Meetings of the commission shall be held at the call 25 8 of the chairperson of the commission. 25 9 The benefits and salary paid to the members of the 25 10 commission shall be adjusted annually equal to the average of 25 11 the annual pay adjustments, expense reimbursements, and 25 12 related benefits provided under collective bargaining 25 13 agreements negotiated pursuant to chapter 20. 25 14 3. DUTIES. The commission shall do all of the following: 25 15 a. Adopt rules pursuant to chapter 17A as deemed 25 16 appropriate and necessary, and directly related to the 25 17 implementation and administration of the duties of the 25 18 commission. 25 19 b. Review and make recommendations to the division rules 25 20 as proposed and submitted by an authorized user group 25 21 necessary for the authorized user group's access and use of 25 22 the network. 25 23 c. All duties referred to the commission as the division 25 24 shall direct. 25 25 d. Serve as members of the information technology council 25 26 created in section 14B.105. 25 27 Sec. 40. Section 8D.4, Code 2001, is amended by striking 25 28 the section and inserting in lieu thereof the following: 25 29 8D.4 DIVISION OF INFORMATION TECHNOLOGY – DUTIES. 25 30 1. DIVISION RESPONSIBILITIES. The division shall have the 25 31 sole authority to supervise the management, development, and 25 32 operation of the network and ensure that all components of the 25 33 network are technically compatible. The management, 25 34 development, and operation of the network shall not be subject 25 35 to the jurisdiction or control of any other state agency. 26 1 However, the division is subject to the general operations 26 2 practices and procedures which are generally applicable to 26 3 other state agencies. 26 4 The division shall ensure that the network operates in an 26 5 efficient and responsible manner consistent with the 26 6 provisions of this chapter for the purpose of providing the 26 7 best economic service attainable to the network users 26 8 consistent with the state's financial capacity. The division 26 9 shall ensure that educational users and the use, design, and 26 10 implementation for educational applications be given the 26 11 highest priority concerning use of the network. The division 26 12 shall provide for the centralized, coordinated use and control 26 13 of the network. 26 14 2. DUTIES. The division shall do all of the following: 26 15 a. Enter into agreements pursuant to chapter 28E as 26 16 necessary and appropriate for the purposes of the division. 26 17 However, the division shall not enter into an agreement with 26 18 an unauthorized user or any other person pursuant to chapter 26 19 28E for the purpose of providing such user or person access to 26 20 the network. 26 21 b. Adopt rules pursuant to chapter 17A as deemed 26 22 appropriate and necessary, and directly related to the 26 23 implementation and administration of the duties of the 26 24 division. The division, in consultation with the physical 26 25 resources division, shall also adopt and provide for standard 26 26 communications procedures and policies relating to the use of 26 27 the network which recognize, at a minimum, the need for 26 28 reliable communications services. 26 29 c. Establish an appeal process for review by the 26 30 commission of a scheduling conflict decision, including a 26 31 scheduling conflict involving an educational user, or the 26 32 establishment of a fee associated with the network upon the 26 33 request of a person affected by such decision or fee. A 26 34 determination made by the commission pursuant to this 26 35 paragraph shall be final. 27 1 d. Review and approve for adoption, rules as proposed and 27 2 submitted by an authorized user group necessary for the 27 3 authorized user group's access and use of the network. The 27 4 division may refuse to approve and adopt a proposed rule, and 27 5 upon such refusal, shall return the proposed rule to the 27 6 respective authorized user group proposing the rule with a 27 7 statement indicating the division's reason for refusing to 27 8 approve and adopt the rule. 27 9 e. (1) Develop and issue for response all requests for 27 10 proposals for any construction, installation, repair, 27 11 maintenance, or equipment and parts necessary for the network. 27 12 In preparing the request for proposals, the division shall do 27 13 all of the following: 27 14 (a) Review existing requests for proposals related to the 27 15 network. 27 16 (b) Consider and evaluate all competing technologies which 27 17 could be used in any construction, installation, repair, or 27 18 maintenance project. 27 19 (c) Allow flexibility for proposals to be submitted in 27 20 response to a request for proposals issued by the commission 27 21 such that any qualified provider may submit a bid on a site- 27 22 by-site basis, or on a merged area or defined geographic area 27 23 basis, or both, and by permitting proposals to be submitted 27 24 for use of competing or alternative technologies in each 27 25 defined area. 27 26 (d) Ensure that rural communities have access to 27 27 comparable services to the services provided in urban areas 27 28 resulting from any plans to construct, install, repair, or 27 29 maintain any part of the network. 27 30 (2) In determining which proposal to recommend to the 27 31 general assembly to accept, consider what is in the long-term 27 32 best interests of the citizens of the state and the network, 27 33 and utilize, if possible, the provision of services with 27 34 existing service providers consistent with those best 27 35 interests. In determining what is in the long-term best 28 1 interests of the citizens of the state and the network, the 28 2 division, at a minimum, shall consider the cost to taxpayers 28 3 of the state. 28 4 (3) The division shall not enter into any agreement 28 5 related to proposals for Part III without prior authorization 28 6 by a constitutional majority of each house of the general 28 7 assembly and approval by the governor. 28 8 f. Annually prepare a written five-year financial plan for 28 9 the network which shall be provided to the director for 28 10 submission to the general assembly and the governor no later 28 11 than January 15 of each year. The plan shall include 28 12 estimates for income and expenses for the network for the 28 13 five-year period and the actual income and expenses for the 28 14 preceding fiscal year. The plan shall include the amount of 28 15 general fund appropriations to be requested for the payment of 28 16 operating expenses and debt service. The plan shall also 28 17 include any recommendations of the commission related to 28 18 changes in the system and other items as deemed appropriate by 28 19 the commission. The recommendations of the division contained 28 20 in the plan shall include a detailed plan for the connection 28 21 of all public schools to the network, including a discussion 28 22 and evaluation of all potential financing options, an estimate 28 23 of all costs incurred in providing such connections, and a 28 24 schedule for completing such connections, including the 28 25 anticipated final completion date for such connections. 28 26 g. Review existing maintenance contracts and past 28 27 contracts to determine vendor capability to perform the 28 28 obligations under such contracts. The division shall report 28 29 to the general assembly prior to January 1 of each year as to 28 30 the performance of all vendors under each contract and shall 28 31 make recommendations concerning continued funding for the 28 32 contracts. 28 33 h. Pursue available opportunities to cooperate and 28 34 coordinate with the federal government for the use and 28 35 potential expansion of the network and for the financing of 29 1 any such expansion. 29 2 i. Evaluate existing and projected rates for use of the 29 3 system and ensure that rates are sufficient to pay for the 29 4 operation of the system excluding the cost of construction and 29 5 lease costs for Parts I, II, and III. The division shall 29 6 establish all hourly rates to be charged to all authorized 29 7 users for the use of the network. A fee established by the 29 8 division to be charged to a hospital licensed pursuant to 29 9 chapter 135B, a physician clinic, or the federal government 29 10 shall be at an appropriate rate so that, at a minimum, there 29 11 is no state subsidy related to the costs of the connection or 29 12 use of the network related to such user. 29 13 j. Make recommendations to the general assembly, as deemed 29 14 appropriate by the division, concerning the operation of the 29 15 network. 29 16 k. Provide necessary telecommunications cabling to provide 29 17 state communications. 29 18 Sec. 41. Section 8D.6, Code 2001, is amended to read as 29 19 follows: 29 20 8D.6 ADVISORY GROUPS ESTABLISHED. 29 21 1. The division, with the advice of the commission, shall 29 22 establish an advisory group to examine the use of the network 29 23 for telemedicine applications. The advisory group shall 29 24 consist of representatives of hospitals and other health care 29 25 facilities as determined by the commission. 29 26 2. The division, with the advice of the commission, may 29 27 establish other advisory committees as necessary representing 29 28 authorized users of the network. 29 29 Sec. 42. Section 8D.7, Code 2001, is amended to read as 29 30 follows: 29 31 8D.7 TELECOMMUNICATIONS ADVISORY COMMITTEE. 29 32 A telecommunications advisory committee is established to 29 33 advise thecommissiondivision on telecommunications matters. 29 34 Thecommissiondivision shall appoint five members to the 29 35 advisory committee who shall represent specific 30 1 telecommunications industries or persons with technical 30 2 expertise related to the network. 30 3 Sec. 43. Section 8D.8, Code 2001, is amended to read as 30 4 follows: 30 5 8D.8 SCHEDULING FOR AUTHORIZED USERS. 30 6 Except as provided in section 8D.5, an authorized user is 30 7 responsible for all scheduling of the use of the authorized 30 8 user's facility. A person who disputes a scheduling decision 30 9 of such user may petition thecommissiondivision for a review 30 10 of such decision pursuant to section8D.38D.4, subsection330 11 2, paragraph "c". 30 12 Sec. 44. Section 8D.9, Code Supplement 2001, is amended to 30 13 read as follows: 30 14 8D.9 CERTIFICATION OF USE – NETWORK USE BY CERTAIN 30 15 AUTHORIZED USERS. 30 16 1. A private or public agency, other than a state agency, 30 17 local school district or nonpublic school, city library, 30 18 library service area, county library, judicial branch, 30 19 judicial district department of correctional services, agency 30 20 of the federal government, a hospital or physician clinic, or 30 21 a post office authorized to be offered access pursuant to this 30 22 chapter as of May 18, 1994,shallwhich did not certify to the 30 23 commissionno later thanby July 1, 1994, that the agencyis30 24 was a part of orintendsintended to become a part of the 30 25 network. Upon receiving such certification from an agency not30 26a part of the network on May 18, 1994, the commission shall30 27provide for the connection of such agency as soon as30 28practical. An agency which does not certify to the commission30 29that the agency is a part of or intends to become a part of30 30the network as required by this subsectionshall be prohibited 30 31 from using the network. 30 32 2. a. A private or public agency which certifies to the 30 33commissiondivision pursuant to subsection 1 that the agency 30 34 is a part of or intends to become a part of the network shall 30 35 use the network for all video, data, and voice requirements of 31 1 the agency unless the private or public agency petitions the 31 2 commission for a waiver and one of the following applies: 31 3 (1) The costs to the authorized user for services provided 31 4 on the network are not competitive with the same services 31 5 provided by another provider. 31 6 (2) The authorized user is under contract with another 31 7 provider for such services, provided the contract was entered 31 8 into prior to April 1, 1994. The agency shall use the network 31 9 for video, data, and voice requirements which are not provided 31 10 pursuant to such contract. 31 11 (3) The authorized user has entered into an agreement with 31 12 the commission to become part of the network prior to June 1, 31 13 1994, which does not provide for use of the network for all 31 14 video, data, and voice requirements of the agency. The 31 15 commission may enter into an agreement described in this 31 16 subparagraph upon a determination that the use of the network 31 17 for all video, data, and voice requirements of the agency 31 18 would not be in the best interests of the agency. 31 19 b. A private or public agency shall petition the 31 20commissiondivision for a waiver of the requirement to use the 31 21 network as provided in paragraph "a", if the agency determines 31 22 that paragraph "a", subparagraph (1) or (2), applies. The 31 23commissiondivision shall establish by rule a review process 31 24 for determining, upon application of an authorized user, 31 25 whether paragraph "a", subparagraph (1) or (2), applies. An 31 26 authorized user found by thecommissiondivision to be under 31 27 contract for such services as provided in paragraph "a", 31 28 subparagraph (2), shall not enter into another contract upon 31 29 the expiration of such contract, but shall utilize the network 31 30 for such services as provided in this section unless paragraph 31 31 "a", subparagraph (1), applies. 31 32 Sec. 45. Section 8D.11, Code Supplement 2001, is amended 31 33 to read as follows: 31 34 8D.11 POWERS – FACILITIES – LEASES. 31 35 1. Thecommissiondivision may purchase, lease, and 32 1 improve property, equipment, and services for 32 2 telecommunications for public and private agencies and may 32 3 dispose of property and equipment when not necessary for its 32 4 purposes. However, thecommissiondivision shall not enter 32 5 into a contract for the purchase, lease, or improvement of 32 6 property, equipment, or services for telecommunications 32 7 pursuant to this subsection in an amount greater than one 32 8 million dollars without prior authorization by a 32 9 constitutional majority of each house of the general assembly, 32 10 or approval by the legislative council if the general assembly 32 11 is not in session. Thecommissiondivision shall not issue 32 12 any bonding or other long-term financing arrangements as 32 13 defined in section 12.30, subsection 1, paragraph "b". Real 32 14 or personal property to be purchased by thecommission32 15 division through the use of a financing agreement shall be 32 16 done in accordance with the provisions of section 12.28, 32 17 provided, however, that thecommissiondivision shall not 32 18 purchase property, equipment, or services for 32 19 telecommunications pursuant to this subsection in an amount 32 20 greater than one million dollars without prior authorization 32 21 by a constitutional majority of each house of the general 32 22 assembly, or approval by the legislative council if the 32 23 general assembly is not in session. 32 24 2. Thecommissiondivision also shall not provide or 32 25 resell communications services to entities other than public 32 26 and private agencies. The public or private agency shall not 32 27 provide communication services of the network to another 32 28 entity unless otherwise authorized pursuant to this chapter. 32 29 Thecommissiondivision may arrange for joint use of available 32 30 services and facilities, and may enter into leases and 32 31 agreements with private and public agencies with respect to 32 32 the Iowa communications network, and public agencies are 32 33 authorized to enter into leases and agreements with respect to 32 34 the network for their use and operation. Rentals and other 32 35 amounts due under the agreements or leases entered into 33 1 pursuant to this section by a state agency are payable from 33 2 funds annually appropriated by the general assembly or from 33 3 other funds legally available. Other public agencies may pay 33 4 the rental costs and other amounts due under an agreement or 33 5 lease from their annual budgeted funds or other funds legally 33 6 available or to become available. 33 7 3. This section comprises a complete and independent 33 8 authorization and procedure for a public agency, with the 33 9 approval of thecommissiondivision, to enter into a lease or 33 10 agreement and this section is not a qualification of any other 33 11 powers which a public agency may possess and the 33 12 authorizations and powers granted under this section are not 33 13 subject to the terms, requirements, or limitations of any 33 14 other provisions of law, except that thecommissiondivision 33 15 must comply with the provisions of section 12.28 when entering 33 16 into financing agreements for the purchase of real or personal 33 17 property. All moneys received by thecommissiondivision from 33 18 agreements and leases entered into pursuant to this section 33 19 with private and public agencies shall be deposited in the 33 20 Iowa communications network fund. 33 21 4. A political subdivision receiving communications 33 22 services from the state as of April 1, 1986, may continue to 33 23 do so but communications services shall not be provided or 33 24 resold to additional political subdivisions other than a 33 25 school corporation, a city library, a library service area as 33 26 provided in chapter 256, and a county library as provided in 33 27 chapter 336. The rates charged to the political subdivision 33 28 shall be the same as the rates charged to state agencies. 33 29 Sec. 46. Section 8D.11A, Code Supplement 2001, is amended 33 30 to read as follows: 33 31 8D.11A PROPRIETARY INTERESTS. 33 32 Thecommissiondivision may charge a negotiated fee, to 33 33 recover a share of the costs related to the research and 33 34 development, initial production, and derivative products of 33 35 its proprietary software and hardware, telecommunications 34 1 architecture design, and proprietary technology applications 34 2 developed to support authorized users, to private vendors and 34 3 to other political entities and subdivisions, including but 34 4 not limited to states, territories, protectorates, and foreign 34 5 countries. Thecommissiondivision may enter into 34 6 nondisclosure agreements to protect the state of Iowa's 34 7 proprietary interests. The provisions of chapter 23A relating 34 8 to noncompetition by state agencies and political subdivisions 34 9 with private enterprise shall not apply tocommissiondivision 34 10 activities authorized under this section. 34 11 Sec. 47. Section 8D.12, Code 2001, is amended to read as 34 12 follows: 34 13 8D.12 DISPOSITION OF NETWORK – APPROVAL OF GENERAL 34 14 ASSEMBLY AND GOVERNOR. 34 15 Notwithstanding any provision to the contrary, the 34 16commission or the department of general servicesdivision 34 17 shall not sell, lease, or otherwise dispose of the network 34 18 without prior authorization by a constitutional majority of 34 19 each house of the general assembly and approval by the 34 20 governor. 34 21 Sec. 48. Section 8D.13, subsections 1, 3, 4, 7, 8, 10, 11, 34 22 12, 13, 15, 17, and 18, Code Supplement 2001, are amended to 34 23 read as follows: 34 24 1. Moneys in the Iowa communications network fund are 34 25 appropriated to theIowa telecommunications and technology34 26commissiondivision for purposes of providing financing for 34 27 the procurement, operation, and maintenance of the Iowa 34 28 communications network with sufficient capacity to serve the 34 29 video, data, and voice requirements of the educational 34 30 telecommunications system consisting of Part I, Part II, and 34 31 Part III, and other public and private agencies. 34 32 3. The financing for the procurement costs for the 34 33 entirety of Part I except for the communications connections 34 34 between central switching and institutions under the control 34 35 of the board of regents, and nonprofit institutions of higher 35 1 education eligible for tuition grants, and for the video, 35 2 data, and voice capacity for state agencies and for Part II 35 3 and Part III, shall be provided by the state. The financing 35 4 for the procurement and maintenance costs for Part III shall 35 5 be provided by the state. A local school board, governing 35 6 authority of a nonpublic school, or an area education agency 35 7 board may elect to provide one hundred percent of the 35 8 financing for the procurement and maintenance costs for Part 35 9 III to become part of the network. The basis for the amount 35 10 of state financing is one hundred percent of a single 35 11 interactive audio and interactive video connection for Part 35 12 III, and such data and voice capacity as is necessary. If a 35 13 school board, governing authority of a nonpublic school, or 35 14 area education agency board elects to provide one hundred 35 15 percent of the financing for the leasing costs for Part III, 35 16 the school district or area education agency may become part 35 17 of the network as soon as the network can reasonably connect 35 18 the district or agency. A local school board, governing 35 19 authority of a nonpublic school, or an area education agency 35 20 board may also elect not to become part of the network. 35 21 Construction of Part III, related to a school board, governing 35 22 authority of a nonpublic school, or area education agency 35 23 board which provides one hundred percent of the financing for 35 24 the leasing costs for Part III, may proceed as determined by 35 25 thecommissiondivision and consistent with the purpose of 35 26 this chapter. 35 27 4. Thecommissiondivision shall develop the requests for 35 28 proposals that are needed for the Iowa communications network 35 29 with sufficient capacity to serve the video, data, and voice 35 30 requirements of state agencies and for educational 35 31 telecommunications applications. Thecommissiondivision 35 32 shall develop a request for proposals for each of the systems 35 33 that will make up the network. Thecommissiondivision may 35 34 develop a request for proposals for each definitive component 35 35 of the network or thecommissiondivision may provide in the 36 1 request for proposals for each such system that separate 36 2 contracts may be entered into for each definitive component 36 3 covered by the request for proposals. The requests for 36 4 proposals may be for the purchase, lease-purchase, or lease of 36 5 the component parts of the network consistent with the 36 6 provisions of this chapter, may require maintenance costs to 36 7 be identified, and the resulting contract may provide for 36 8 maintenance for parts of the network. The master contract may 36 9 provide for electronic classrooms, satellite equipment, 36 10 receiving equipment, studio and production equipment, and 36 11 other associated equipment as required. 36 12 7. Thecommissiondivision shall be responsible for the 36 13 network design and shall be responsible for the implementation 36 14 of each component of the network as it is incorporated into 36 15 the network. The final design selected shall optimize the 36 16 routing for all users in order to assure maximum utilization 36 17 by all agencies of the state. Efficiencies achieved in the 36 18 implementation of the network shall be used to fund further 36 19 implementation and enhancement of the network, and shall be 36 20 considered part of the operational cost of the network. The 36 21commissiondivision shall be responsible for all management, 36 22 operations, control switching, diagnostics, and maintenance 36 23 functions of network operations as provided in this chapter. 36 24 The performance of these duties is intended to provide optimal 36 25 utilization of the facilities, and the assurance that future 36 26 growth requirements will be provided for, and that sufficient 36 27 network capacity will be available to meet the needs of all 36 28 users. 36 29 8. The education telecommunications council shall review 36 30 all requests for grants for educational telecommunications 36 31 applications, if they are a part of the Iowa communications 36 32 network, to ensure that the educational telecommunications 36 33 application is consistent with the telecommunications plan. 36 34 All other grant requests shall be reviewed as determined by 36 35 thecommissiondivision. If the education telecommunications 37 1 council finds that a grant request is inconsistent with the 37 2 telecommunications plan, the grant request shall not be 37 3 allowed. 37 4 10. In addition to the other evaluation criteria specified 37 5 in the request for proposals issued pursuant to this section, 37 6 thecommissiondivision, in evaluating proposals, shall base 37 7 up to two percent of the total possible points on the public 37 8 benefit that can be derived from a given proposal due to the 37 9 increased private telecommunications capacity available to 37 10 Iowa citizens located in rural Iowa. For purposes of this 37 11 subsection, an area of the state is considered rural if it is 37 12 not part of a federally designated standard metropolitan 37 13 statistical area. 37 14 11. The fees charged for use of the network and state 37 15 communications shall be based on the ongoing operational costs 37 16 of the network and of providing state communications only. 37 17 For the services rendered to state agencies by thecommission37 18 division, thecommissiondivision shall prepare a statement of 37 19 services rendered and the agencies shall pay in a manner 37 20 consistent with procedures established by the department of 37 21revenue and financeadministrative services. 37 22 12. Thecommissiondivision, on its own or as recommended 37 23 by the commission or an advisory committee of thecommission37 24 division and approved by thecommissiondivision, shall permit 37 25 a fee to be charged by a receiving site to the originator of 37 26 the communication provided on the network. The fee charged 37 27 shall be for the purpose of recovering the operating costs of 37 28 a receiving site. The fee charged shall be reduced by an 37 29 amount received by the receiving site pursuant to a state 37 30 appropriation for such costs, or federal assistance received 37 31 for such costs. Fees established under this subsection shall 37 32 be paid by the originator of the communication directly to the 37 33 receiving site. For purposes of this section, "operating 37 34 costs" include the costs associated with the management or 37 35 coordination, operations, utilities, classroom, equipment, 38 1 maintenance, and other costs directly related to providing the 38 2 receiving site. 38 3 13. The auditor of state shall, no less than annually, 38 4 examine the financial condition and transactions of the 38 5commissiondivision as provided in chapter 11. A copy of the 38 6 auditor's report concerning such examination shall be provided 38 7 to the general assembly. 38 8 15. Access to the network shall be offered to the judicial 38 9 district departments of correctional services established in 38 10 section 905.2, provided that such departments contribute an 38 11 amount consistent with their share of use for the part of the 38 12 system in which the departments participate, as determined by 38 13 thecommissiondivision. 38 14 17. Access shall be offered to the judicial branch 38 15 provided that the judicial branch contributes an amount 38 16 consistent with the judicial branch's share of use for the 38 17 part of the network in which the judicial branch participates, 38 18 as determined by thecommissiondivision. 38 19 18. Notwithstanding chapter 476, the provisions of chapter 38 20 476 shall not apply to a public utility in furnishing a 38 21 telecommunications service or facility to thecommission38 22 division for the Iowa communications network or to any 38 23 authorized user of the Iowa communications network for such 38 24 authorized user's connection to the network. 38 25 Sec. 49. Section 8D.14, Code 2001, is amended to read as 38 26 follows: 38 27 8D.14 IOWA COMMUNICATIONS NETWORK FUND. 38 28 There is created in the office of the treasurer of state a 38 29 fund to be known as the Iowa communications network fund under 38 30 the control of theIowa telecommunications and technology38 31commissiondivision. There shall be deposited into the Iowa 38 32 communications network fund proceeds from bonds issued for 38 33 purposes of projects authorized pursuant to section 8D.13, 38 34 funds received from leases pursuant to section 8D.11, and 38 35 other moneys by law credited to or designated by a person for 39 1 deposit into the fund. 39 2 Sec. 50. Section 9.3, Code 2001, is amended to read as 39 3 follows: 39 4 9.3 COMMISSIONS. 39 5 All commissions issued by the governor shall be 39 6 countersigned by the secretary, who shall register each 39 7 commission in a book to be kept for that purpose, specifying 39 8 the office, name of officer, date of commission, and tenure of 39 9 office, and forthwith forward to the directors of the 39 10 departments of management and ofrevenue and finance39 11 administrative services copies of the registration. 39 12 Sec. 51. Section 11.2, subsection 1, unnumbered paragraph 39 13 3, Code 2001, is amended to read as follows: 39 14 Provided further, that a preliminary audit of the 39 15 educational institutions and the state fair board shall be 39 16 made periodically, at least quarterly, to check the monthly 39 17 reports submitted to the director ofrevenue and financethe 39 18 department of administrative services as required by section 39 19421.318A.503, subsection47, and that a final audit of such 39 20 state agencies shall be made at the close of each fiscal year. 39 21 Sec. 52. Section 12.5, Code 2001, is amended to read as 39 22 follows: 39 23 12.5 PAYMENT. 39 24 The treasurer shall pay no money from the treasury but upon 39 25 the warrants of the director ofrevenue and financethe 39 26 department of administrative services, and only in the order 39 27 of their presentation. 39 28 Sec. 53. Section 12.6, Code 2001, is amended to read as 39 29 follows: 39 30 12.6 REPORT TO AND ACCOUNT WITH DIRECTOR OFREVENUE AND39 31FINANCETHE DEPARTMENT OF ADMINISTRATIVE SERVICES. 39 32 Once in each week the treasurer shall certify to the 39 33 director ofrevenue and financethe department of 39 34 administrative services the number, date, amount, and payee of 39 35 each warrant taken up by the treasurer, with the date when 40 1 taken up, and the amount of interest allowed; and on the first 40 2 Monday of January, and the first day of April, July, and 40 3 October, annually, the treasurer is directed to account with 40 4 the director ofrevenue and financethe department of 40 5 administrative services and deposit with the department of 40 6revenue and financeadministrative services all such warrants 40 7 received at the treasury, and take the director's receipt 40 8 therefor. 40 9 Sec. 54. Section 12.14, Code 2001, is amended to read as 40 10 follows: 40 11 12.14 STATEMENT ITEMIZED. 40 12 Each deposit shall be accompanied by an itemized statement 40 13 of the sources from which the money has been collected, and 40 14 the funds to be credited, a duplicate of which shall, at the 40 15 time, be filed with the department ofrevenue and finance40 16 administrative services. 40 17 Sec. 55. Section 12.15, Code 2001, is amended to read as 40 18 follows: 40 19 12.15 DIRECTOR AND TREASURER TO KEEP ACCOUNT. 40 20 The treasurer and director ofrevenue and financethe 40 21 department of administrative services shall each keep an 40 22 accurate account of the moneys so deposited. 40 23 Sec. 56. Section 14B.101, Code Supplement 2001, is amended 40 24 by adding the following new subsection before subsection 1: 40 25 NEW SUBSECTION. 0A. "Administrator" means the 40 26 administrator of the information technology division. 40 27 Sec. 57. Section 14B.101, subsection 2, Code Supplement 40 28 2001, is amended to read as follows: 40 29 2."Director""Division" means thedirector of the40 30 information technologydepartment appointed as provided in40 31section 14B.104division established in section 8A.201. 40 32 Sec. 58. Section 14B.102, Code Supplement 2001, is amended 40 33 to read as follows: 40 34 14B.102DEPARTMENTDIVISIONESTABLISHED – MISSION– 40 35 POWERS AND DUTIES. 41 1 1.DEPARTMENT ESTABLISHED. The information technology41 2department is established as a state department. The mission41 3of the department is to foster the development and application41 4of information technology to improve the lives of Iowans.41 52.POWERS AND DUTIES OFDEPARTMENTDIVISION. The powers 41 6 and duties of thedepartmentdivision shall include, but are 41 7 not limited to, all of the following: 41 8 a. Providing information technology to participating 41 9 agencies and other governmental entities as provided in this 41 10 chapter. 41 11 b. Implementing the strategic information technology plan 41 12 as prepared and updated by the information technology council. 41 13 c. Developing and implementing a business continuity plan, 41 14 as thedirectoradministrator determines is appropriate, to be 41 15 used if a disruption occurs in the provision of information 41 16 technology to participating agencies and other governmental 41 17 entities. 41 18 d. Developing and implementing recommended standards for 41 19 information technology, including but not limited to system 41 20 design and systems integration and interoperability, which 41 21 when implemented shall apply to all participating agencies 41 22 except as otherwise provided in this chapter. Thedepartment41 23 division shall implement information technology standards as 41 24 established pursuant to this chapter which are applicable to 41 25 information technology procurements for participating 41 26 agencies. 41 27 e. Recommending and implementing standards for an 41 28 electronic repository for maintaining mandated agency reports 41 29 as provided in section 304.13A. Such repository shall be 41 30 developed and maintained for the purpose of providing public 41 31 access to such mandated reports. Thedepartmentdivision 41 32 shall develop such standards in consultation with the state 41 33 librarian. 41 34 f. Developing and maintaining security policies and 41 35 systems to ensure the integrity of the state's information 42 1 resources and to prevent the disclosure of confidential 42 2 records. 42 3 g. Developing and implementing effective and efficient 42 4 strategies for the use and provision of information technology 42 5 for participating agencies and other governmental entities. 42 6 h. Coordinating the acquisition of information technology 42 7 by participating agencies in furtherance of the purposes of 42 8 this chapter. Theinformation technology departmentdivision 42 9 shall review a request for information technology submitted by 42 10 a participating agency for purposes of determining whether 42 11 such request meets the applicable standards established 42 12 pursuant to this chapter. Upon a determination that the 42 13 request meets such standards, the information technology shall 42 14 be procured for the participating agency by thedepartment of42 15 general services division. Nothing in this chapter shall be 42 16 construed to prohibit or limit a participating agency from 42 17 entering into an agreement or contract for information 42 18 technology with a qualified private entity. 42 19 i. Entering into agreements pursuant to chapter 28D or 42 20 28E, or memorandums of understanding or other agreements as 42 21 necessary and appropriate to administer this chapter. 42 22 j. Establishing and maintaining, in cooperation with the 42 23 department of revenue and finance and thedepartment of42 24general servicesphysical resources division, an inventory of 42 25 information technology devices used by participating agencies 42 26 and other governmental entities using the information 42 27 technologydepartment'sdivision's services. The information 42 28 technologydepartmentdivision may request a participating 42 29 agency to provide such information as is necessary to 42 30 establish and maintain an inventory as required under this 42 31 paragraph, and such participating agency shall provide such 42 32 information to thedepartmentdivision in a timely manner. 42 33 k. Receiving and accepting donations, gifts, and 42 34 contributions in the form of money, services, materials, or 42 35 otherwise, from the United States or any of its agencies, from 43 1 this state or any of its agencies, or from any other person, 43 2 and to using or expending such moneys, services, materials, or 43 3 other contributions in carrying on information technology 43 4 operations. 43 5 l. Charging a negotiated fee, to recover a share of the 43 6 costs related to the research and development, initial 43 7 production, and derivative products of thedepartment's43 8 division's proprietary software and hardware, information 43 9 technology architecture design, and proprietary technology 43 10 applications developed to support authorized users, to private 43 11 vendors and to other political entities and subdivisions, 43 12 including but not limited to states, territories, 43 13 protectorates, and foreign countries. Thedepartmentdivision 43 14 may enter into nondisclosure agreements to protect the state 43 15 of Iowa's proprietary interests. The provisions of chapter 43 16 23A relating to noncompetition by state agencies and political 43 17 subdivisions with private enterprise shall not apply to 43 18departmentdivision activities authorized under this 43 19 paragraph. 43 203.2. SERVICE CHARGES. Thedepartmentdivision shall 43 21 render a statement to a participating agency or other 43 22 governmental entity for a reasonable and necessary amount for 43 23 information technology provided by thedepartmentdivision to 43 24 such agency or entity. An amount indicated on a statement 43 25 rendered to a participating agency or other governmental 43 26 entity shall be paid by such agency or entity in a manner 43 27 determined by the department of revenue and finance. Amounts 43 28 charged and paid pursuant to this subsection shall be 43 29 deposited in the operations revolving fund created in section 43 30 14B.103. 43 314.3. DISPUTE RESOLUTION. If a dispute arises between the 43 32departmentdivision or information technology council and an 43 33 agency for which thedepartmentdivision provides or refuses 43 34 to provide information technology, the dispute shall be 43 35 resolved as provided in section 679A.19. 44 1 Sec. 59. Section 14B.104, Code 2001, is amended to read as 44 2 follows: 44 3 14B.104DIRECTORADMINISTRATOR – POWERS AND DUTIES – 44 4 APPEALS. 44 5 1.DIRECTORADMINISTRATOR APPOINTED. The chief 44 6 administrative officer of thedepartmentdivision is the 44 7directoradministrator. Thedirectoradministrator shall be 44 8 appointed by thegovernor, subject to confirmation by the44 9senatedirector of the department of administrative services. 44 10 Thedirectoradministrator shall serve at the pleasure of the 44 11governordirector of the department of administrative 44 12 services.The governor shall set the salary of the director44 13within the applicable salary range established by the general44 14assembly.Thedirectoradministrator shall be selected on the 44 15 ability to administer the duties and functions granted to the 44 16directoradministrator and thedepartmentdivision and shall 44 17 devote full time to the duties of thedirectoradministrator. 44 18If the office of director becomes vacant, the vacancy shall be44 19filled in the same manner as the original appointment was44 20made.44 21 Thedirectoradministrator shall also serve as the chief 44 22 information officer for the state. 44 23 2. POWERS AND DUTIES. Thedirectoradministrator of the 44 24departmentdivision shall do all of the following: 44 25 a. Plan, direct, coordinate, and execute the functions 44 26 necessary to carry out the duties of thedepartmentdivision. 44 27 b. Provide overall supervision, direction, and 44 28 coordination of functions of thedepartmentdivision. 44 29 c. Employ, in coordination with the director of the 44 30 department of administrative services, personnel as necessary 44 31 to carry out the functions vested in thedepartmentdivision 44 32 consistent with chapter 19A and enhance the recruitment, 44 33 retention, and training of professional staff. 44 34 d. Supervise and manage employees of thedepartment44 35 division, and provide for the internal organization of the 45 1departmentdivision and for the allocation of functions within 45 2 thedepartmentdivision consistent with section 7E.2. 45 3 e. Recommend to theinformation technology council45 4 director of the department of administrative services an 45 5 annual budget for thedepartmentdivision. 45 6 f. Recommend to the information technology council rules 45 7 deemed necessary for the implementation of this chapter and 45 8 proper administration of thedepartmentdivision. 45 9 g. Recommend to the information technology council 45 10 information technology standards. 45 11 h. Develop and implement operational policies of the 45 12departmentdivision and be responsible for the day-to-day 45 13 operations of thedepartmentdivision. 45 14 i. Develop and recommend to the information technology 45 15 council legislative proposals deemed necessary for the 45 16 continued efficiency ofdepartmentdivision functions, and 45 17 review legislative proposals generated outside of the 45 18departmentdivision which are related to matters within the 45 19department'sdivision's purview. 45 20 j. Provide advice to the governor on issues related to 45 21 information technology. 45 22 k. Consult with agencies and other governmental entities 45 23 on issues relating to information technology. 45 24 l. Work with all governmental entities in an effort to 45 25 achieve the information technology goals established by the 45 26 information technology council. 45 27 3. DELEGATION OF POWERS AND DUTIES. Powers and duties 45 28 vested in thedirectoradministrator may be delegated by the 45 29directoradministrator to an employee of thedepartment45 30 division, but thedirectoradministrator retains the 45 31 responsibility for an employee's acts within the scope of the 45 32 delegation. 45 33 4. APPEAL OFDIRECTOR'SADMINISTRATOR'S DECISION. A 45 34 decision by thedirectoradministrator may be appealed to the 45 35 information technology council. A person aggrieved by such 46 1 decision of thedirectoradministrator shall provide notice of 46 2 such appeal to the information technology council within 46 3 thirty calendar days of the decision of thedirector46 4 administrator. An appeal of a decision of thedirector46 5 administrator shall be treated as a contested case under 46 6 chapter 17A. 46 7 Sec. 60. Section 14B.105, Code Supplement 2001, is amended 46 8 to read as follows: 46 9 14B.105 INFORMATION TECHNOLOGY COUNCIL – MEMBERS – 46 10 POWERS AND DUTIES. 46 11 1. MEMBERSHIP. 46 12 a. An information technology council is established with 46 13 the authority to oversee, in coordination with the director of 46 14 the department of administrative services, thedepartment46 15 division and information technology activities of 46 16 participating agencies as provided in this chapter. The 46 17 information technology council is composed ofseventeen46 18 fourteen members including the following: 46 19(1) The director of the information technology department.46 20(2) The administrator of the public broadcasting division46 21of the department of education.46 22(3)(1) The chairperson of the IowAccess advisory council 46 23 established in section 14B.201, or the chairperson's designee. 46 24(4) The state technology advisor in the department of46 25economic development.46 26(5) The executive director of the Iowa communications46 27network, or the executive director's designee.46 28(6)(2) Two executive branch department heads appointed by 46 29 the governor. 46 30(7)(3)Five personsOne person appointed by the governor 46 31 whoareis knowledgeable in information technology matters. 46 32 (4) The five members of the Iowa telecommunications and 46 33 technology commission created in section 8D.3. 46 34(8)(5) One person representing the judicial branch 46 35 appointed by the chief justice of the supreme court who shall 47 1 serve in an ex officio, nonvoting capacity. 47 2(9)(6) Four members of the general assembly with not more 47 3 than one member from each chamber being from the same 47 4 political party. The two senators shall be designated by the 47 5 president of the senate after consultation with the majority 47 6 and minority leaders of the senate. The two representatives 47 7 shall be designated by the speaker of the house of 47 8 representatives after consultation with the majority and 47 9 minority leaders of the house of representatives. Legislative 47 10 members shall serve in an ex officio, nonvoting capacity. A 47 11 legislative member is eligible for per diem and expenses as 47 12 provided in section 2.10. 47 13 b. The members appointed by the governor pursuant to 47 14 paragraph "a", subparagraphs (3) through (7),shall serve 47 15 four-year staggered terms as designated by the governor and 47 16 such appointments to the information technology council are 47 17 subject to the requirements of sections 69.16, 69.16A, and 47 18 69.19. Members appointed by the governor pursuant to 47 19 paragraph "a", subparagraphs (3) through (7),shall not serve 47 20 consecutive four-year terms. Members appointed by the 47 21 governor are subject to senate confirmation and shall be 47 22 reimbursed for actual and necessary expenses incurred in 47 23 performance of their duties. Such members may also be 47 24 eligible to receive compensation as provided in section 7E.6. 47 25 The information technology council shall annually elect its 47 26 own chairperson from among the voting members of the council 47 27other than the director of the information technology47 28department. A majority of the voting members of the council 47 29 constitutes a quorum. 47 30 2. DUTIES. The information technology council shall do 47 31 all of the following: 47 32 a. Adopt rules in accordance with chapter 17A which are 47 33 necessary for the exercise of the powers and duties granted by 47 34 this chapter and the proper administration of thedepartment47 35 division. 48 1 b. Develop recommended standards for consideration with 48 2 respect to the procurement of information technology by all 48 3 participating agencies. 48 4 c. Appoint advisory committees as appropriate to assist 48 5 the information technology council in developing strategies 48 6 for the use and provision of information technology and 48 7 establishing other advisory committees as necessary to assist 48 8 the information technology council in carrying out its duties 48 9 under this chapter. The number of advisory committees and 48 10 their membership shall be determined by the information 48 11 technology council to assure that the public and agencies and 48 12 other governmental entities have an opportunity to comment on 48 13 the services provided and the service goals and objectives of 48 14 thedepartmentdivision. 48 15 d. Prepare and annually update a strategic information 48 16 technology plan for the use of information technology 48 17 throughout state government. The plan shall promote 48 18 participation in cooperative projects with other governmental 48 19 entities. The plan shall establish a mission, goals, and 48 20 objectives for the use of information technology, including 48 21 goals for electronic access to public records, information, 48 22 and services. The plan shall be submitted annually to the 48 23 governor and the general assembly. 48 24 e. Review and recommend to thegeneral assemblydirector 48 25 of the department of administrative services, as deemed 48 26 appropriate by the information technology council, legislative 48 27 proposals recommended by thedirectoradministrator, or other 48 28 legislative proposals as developed and deemed necessary by the 48 29 information technology council. 48 30 f. Review the recommendations of the IowAccess advisory 48 31 council regarding rates to be charged for access to and for 48 32 value-added services performed through IowAccess. The 48 33 information technology council shall report the establishment 48 34 of a new rate or change in the level of an existing rate to 48 35 the department of management, and the department of management 49 1 shall notify the legislative fiscal bureau regarding the rate 49 2 establishment or change. 49 3g. Review and approve, as deemed appropriate by the49 4information technology council, the annual budget49 5recommendation for the department as proposed by the director.49 6 3. WAIVER. The information technology council, upon the 49 7 written request of a participating agency and for good cause 49 8 shown, may grant a waiver from a requirement otherwise 49 9 applicable to a participating agency relating to an 49 10 information technology standard established by the information 49 11 technology council. 49 12 4. FINAL AGENCY ACTION. A decision by the council is a 49 13 final agency action as provided under chapter 17A and an 49 14 appeal of the decision shall be made directly to the district 49 15 court. Any party to a contested case may appeal the decision 49 16 to the district court. 49 17 Sec. 61. Section 14B.109, subsection 1, Code Supplement 49 18 2001, is amended to read as follows: 49 19 1. Notwithstanding the provisions of this section, the 49 20information technology department and the department of49 21general services shall enter into an interagency agreement49 22regardingdirector of the department of administrative 49 23 services shall establish the division of responsibilities 49 24 between thedepartmentsinformation technology division and 49 25 the general services division associated with the procurement 49 26 of information technologywhich is acceptable to both49 27departments.The interagency agreement shall be subject to49 28renegotiation at least every two years, unless an earlier time49 29is provided for in the interagency agreement. If the49 30departments are unable to agree on the terms of an interagency49 31agreement or upon a failure of either department to satisfy49 32the terms of the agreement, the departments shall inform the49 33department of management that an agreement has not been49 34reached or that one of the departments has failed to satisfy49 35the terms of the agreement. The department of management,50 1upon receipt and review of such information, may direct the50 2information technology department to proceed with the50 3procurement of information technology as provided in50 4subsections 2 through 5.50 5 Sec. 62. Section 18.1, Code 2001, is amended to read as 50 6 follows: 50 7 18.1 DEFINITIONS. 50 8 When used in this chapter, unless the context otherwise 50 9 requires: 50 10 1. "Administrator" means the administrator of the physical 50 11 resources division. 50 121.2. "Bid specification" means the standards or qualities 50 13 which must be met before a contract to purchase will be 50 14 awarded and any terms which the director has set as a 50 15 condition precedent to the awarding of a contract. 50 162.3. "Competitive bidding procedure" means the 50 17 advertisement for, solicitation of, or the procurement of 50 18 bids; the manner and condition in which bids are received; and 50 19 the procedure by which bids are opened, accessed, accepted, 50 20 rejected, or awarded. A "competitive bidding procedure" may 50 21 include a transaction accomplished in an electronic format. 50 223. "Department" means the department of general services.50 23 4."Director" means the director of the department of50 24general services or the director's designee."Division" means 50 25 the physical resources division created in section 8A.301. 50 26 5. "Governmental subdivision" means a county, city, school 50 27 district, or combination thereof. 50 28 6. "State agency" means an executive board, commission, 50 29 bureau, division, office, or department of the state. 50 30 7. "State buildings and grounds" excludes any building 50 31 under the custody and control of the Iowa public employees' 50 32 retirement system. 50 33 Sec. 63. Section 18.2, Code 2001, is amended to read as 50 34 follows: 50 35 18.2DEPARTMENTDIVISION ESTABLISHED. 51 1There is created a department of general services which is51 2attached to the office of the governor and is under the51 3governor's general direction, supervision, and controlA 51 4 physical resources division is created within the department 51 5 of administrative services. Thegovernordirector of the 51 6 department of administrative services shall appoint the 51 7director, subject to confirmation by the senateadministrator. 51 8 Thedirectoradministrator shall not hold any other office, 51 9 engage in political activity, accept or solicit, directly or 51 10 indirectly, political contributions, and shall not use the 51 11 office to support the candidacy of anyone for elective or 51 12 appointive office.The director shall hold office at the51 13governor's pleasure and shall receive a salary as fixed by the51 14general assembly.Before entering upon the discharge of the 51 15director'sadministrator's duties, thedirectoradministrator 51 16 may be required to give a surety bond in an amount fixed by 51 17 the governor. The premium on the bond shall be paid out of 51 18 funds appropriated to thedepartmentdivision. 51 19The director must be a qualified administrator.51 20 Sec. 64. Section 18.74, Code 2001, is amended to read as 51 21 follows: 51 22 18.74 APPOINTMENT. 51 23 Thedirectoradministrator of thedepartment of general51 24servicesphysical resources division shall appoint the state 51 25 printingadministratorbureau chief to administer this 51 26divisionarticle. Theadministratorbureau chief shall serve 51 27 at the pleasure of thedirectoradministrator and is not 51 28 subject to the merit system provisions of chapter 19A. 51 29 Sec. 65. Section 18.115, unnumbered paragraph 1, Code 51 30 2001, is amended to read as follows: 51 31 Thedirectoradministrator of thedepartment of general51 32servicesphysical resources division shall appoint a state 51 33 fleetadministratorbureau chief and other employees as 51 34 necessary to administer thisdivisionarticle. The state 51 35 fleetadministratorbureau chief shall serve at the pleasure 52 1 of thedirectoradministrator and is not governed by the merit 52 2 system provisions of chapter 19A. Subject to the approval of 52 3 thedirectoradministrator, the state fleetadministrator52 4 bureau chief has the following duties: 52 5 Sec. 66. Section 19A.1, Code Supplement 2001, is amended 52 6 to read as follows: 52 7 19A.1 CREATION OFDEPARTMENT OF PERSONNELHUMAN RESOURCES 52 8 DIVISION – RESPONSIBILITIES. 52 9 1. Adepartment of personnelhuman resources division 52 10 within the department of administrative services is created. 52 11 2. Thedepartmentdivision is the central agency 52 12 responsible for statepersonnelhuman resources management, 52 13 including the following: 52 14 a. Policy and program development, workforce planning, and 52 15 research. 52 16 b. Employment activities and transactions, including 52 17 recruitment, examination, and certification of personnel 52 18 seeking employment or promotion. 52 19 c. Compensation and benefits, including position 52 20 classification, wages and salaries, and employee benefits. 52 21 Employee benefits include, but are not limited to, group 52 22 medical, dental, life, and long-term disability insurance, 52 23 workers' compensation, unemployment benefits, sick leave, 52 24 deferred compensation, holidays and vacations, tuition 52 25 reimbursement, and educational leaves. Employee benefits also 52 26 include the Iowa department of public safety peace officers' 52 27 retirement, accident, and disability system and the Iowa 52 28 public employees' retirement system, which are maintained as 52 29 distinct and independent systems within thedepartment52 30 division. 52 31 d. Equal employment opportunity, affirmative action, and 52 32 workforce diversity programs. 52 33 e. Education, training, and workforce development 52 34 programs. 52 35 f. Personnel records and administration, including the 53 1 audit of all personnel-related documents. 53 2 g. Employment relations, including the negotiation and 53 3 administration of collective bargaining agreements on behalf 53 4 of the executive branch of the state and its departments and 53 5 agencies as provided in chapter 20. However, the state board 53 6 of regents, for the purposes of implementing and administering 53 7 collective bargaining pursuant to chapter 20, shall act as the 53 8 exclusive representative of the state with respect to its 53 9 faculty, scientific, and other professional staff. 53 10 h. The coordination and management of the state's human 53 11 resource information system, except as otherwise required for 53 12 those employees governed by chapter 262. 53 13 3. The following part-time boards and commissions are 53 14 within thedepartmentdivision: 53 15 a. The board of trustees of the public safety peace 53 16 officers' retirement, accident, and disability system, created 53 17 by section 97A.5. 53 18 b. The investment board of the Iowa public employees' 53 19 retirement system created by section 97B.8. 53 20c. The equal opportunity in employment task force created53 21pursuant to executive order, or its successor.53 22 4. Specific powers and duties of thedepartmentdivision, 53 23 itsdirectoradministrator, and the boards and commissions 53 24 within thedepartmentdivision are set forth in this chapter, 53 25 chapters 70A, 97A, 97B, and other provisions of law. Section 53 26 8.23 applies to thedepartmentdivision. 53 27 5. The personnel management powers and duties of the 53 28 department do not extend to the legislative branch or the 53 29 judicial branch of state government, except for functions 53 30 related to administering compensation and benefit programs. 53 31 Sec. 67. Section 19A.1A, Code 2001, is amended to read as 53 32 follows: 53 33 19A.1ADIRECTOR OF DEPARTMENTDIVISION ADMINISTRATOR. 53 34 1. The chief administrative officer of thedepartment53 35 division is thedirectoradministrator. Thedirector54 1 administrator shall be appointed by thegovernor, subject to54 2confirmation by the senatedirector of the department of 54 3 administrative services. Thedirectoradministrator serves at 54 4 the pleasure of thegovernor and is subject to reconfirmation54 5after four years in officedirector of the department of 54 6 administrative services. The person appointed shall be 54 7 professionally qualified by education and experience in the 54 8 field of public personnel administration, including the 54 9 application of merit principles in public employment, and the 54 10 appointment shall be made without regard for political 54 11 affiliation. Thedirectoradministrator shall not be a member 54 12 of any local, state, or national committee of a political 54 13 party, an officer or member of a committee in any partisan 54 14 political club or organization, or hold or be a candidate for 54 15 a paid elective public office. Thedirectoradministrator is 54 16 subject to the restrictions on political activity provided in 54 17 section 19A.18.The governor shall set the salary of the54 18director within a range established by the general assembly.54 19 2. Thedirectoradministrator shall plan, direct, 54 20 coordinate, and execute the powers, duties, and functions of 54 21 thedepartmentdivision. Thedirector'sadministrator's 54 22 powers and duties include those specifically set forth in this 54 23 chapter and other provisions of law. 54 24 3. Thedirectoradministrator may establishby rule54 25divisionsbureaus and other subunits as necessary for the 54 26 organization of thedepartmentdivision. Thedirector54 27 administrator may also establish regional field offices 54 28 staffed by employees of thedepartmentdivision or the 54 29 executive departments in which they are located. The 54 30 functions and staffs of the regional offices are subject to 54 31 policies set by thedirectoradministrator. 54 32 4. Reduction in force appeals shall be subject to review 54 33 by thedirectoradministrator. 54 34 Sec. 68. Section 19A.2, Code 2001, is amended to read as 54 35 follows: 55 1 19A.2 DEFINITIONS. 55 2 When used in this chapter, unless the context otherwise 55 3 requires: 55 4 1. "Administrator" means the administrator of the human 55 5 resources division. 55 6 2. "Appointing authority" means the chairperson or person 55 7 in charge of any agency of the state government including, but 55 8 not limited to, boards, bureaus, commissions, and departments, 55 9 or an employee designated to act for an appointing authority. 55 102. "Department" means the department of personnel.55 11 3."Director""Division" means thedirector of the55 12department of personnelhuman resources division created in 55 13 section 8A.401. 55 14 4. "Merit system" means the merit system established under 55 15 this chapter. 55 16 Sec. 69. Section 19A.8, Code Supplement 2001, is amended 55 17 to read as follows: 55 18 19A.8DIRECTOR'SADMINISTRATOR'S DUTIES. 55 19 Thedirectoradministrator, as executive head of the 55 20departmentdivision, shall direct and supervise all of the 55 21 administrative and technical activities of thedepartment55 22 division. In addition to the duties imposed by thedirector55 23 administrator elsewhere in this chapter, it shall be the 55 24director'sadministrator's duty: 55 25 1. To apply and carry out this law and the rules adopted 55 26 thereunder. 55 27 2. To establish and maintain a list of all employees in 55 28 the executive branch of state government in which there shall 55 29 be set forth, as to each employee, the class title, pay, 55 30 status, and other pertinent data. For employees governed by 55 31 chapter 262, thedirectoradministrator shall work 55 32 collaboratively with the state board of regents to collect 55 33 such information. 55 34 3. To appoint, in coordination with the director of the 55 35 department of administrative services, such employees of the 56 1departmentdivision and such experts and special assistants as 56 2 may be necessary to carry out effectively the provisions of 56 3 this chapter. Staff employees shall be appointed in 56 4 accordance with the provisions of this chapter. 56 5 4. To foster and develop, in cooperation with appointing 56 6 authorities and others, programs for the improvement of 56 7 employee effectiveness, including training, safety, health, 56 8 counseling, and welfare. 56 9 5. To encourage and exercise leadership in the development 56 10 of effective personnel administration within the several 56 11 departments of state government, and to make available the 56 12 facilities of thedepartment ofpersonnel division to this 56 13 end. 56 14 6. To investigate the operation and effect of this chapter 56 15 and of the rules made under it and to report annually the 56 16director'sadministrator's findings and recommendations to the 56 17 director of the department of administrative services and to 56 18 the governor. 56 19 7. To makean annual, in coordination with the director of 56 20 the department of administrative services, a report, not less 56 21 than annually, to the director of the department of 56 22 administrative services for submission to the governor 56 23 regarding the work of thedepartmentdivision and special 56 24 reports as thedirectoradministrator considers desirable. 56 25 8. To perform any other lawful acts which thedirector56 26 administrator may consider necessary or desirable to carry out 56 27 the purposes and provisions of this chapter. 56 28 Thedirectoradministrator shall designate an employee of 56 29 thedepartmentdivision to act for thedirectoradministrator 56 30 in thedirector'sadministrator's absence or inability from 56 31 any cause to discharge the powers and duties of this office. 56 32 Thedirectoradministrator may delegate any or all aspects 56 33 of the recruitment, examination, and selection processes to an 56 34 agency in the executive branch upon request by that agency. 56 35 Thedirectoradministrator shall oversee all activities 57 1 delegated to that agency. 57 2 Thedirectoradministrator shall utilize appropriate 57 3 persons, including officers and employees in the executive 57 4 branch of state government, to assist in the recruitment and 57 5 examination of applicants for employment. These officers and 57 6 employees are not entitled to extra pay for their services, 57 7 but shall be paid their necessary traveling and other 57 8 expenses. 57 9 Thedirectoradministrator shall quarterly render a 57 10 statement to each department or agency which operates in whole 57 11 or in part from other than general fund appropriations for a 57 12 pro rata share of the cost of administration of thedepartment57 13of personneldivision. The expense shall be paid by the state 57 14 department or agency in the same manner as other expenses of 57 15 that department or agency are paid and all moneys received 57 16 shall be deposited in the general fund of the state. 57 17 Thedirectoradministrator shall render monthly a statement 57 18 to each state department or agency for a pro rata share of the 57 19 cost of administration of the state employee flexible spending 57 20 accounts. The expense shall be paid by the state department 57 21 or agency in the same manner as other expenses of that state 57 22 department or agency are paid and all moneys received for 57 23 administration costs shall be deposited in the appropriate 57 24 fund. 57 25 Sec. 70. Section 25.2, subsections 4 and 5, Code 2001, are 57 26 amended to read as follows: 57 27 4. Notwithstanding the provisions of this section, the 57 28 director ofrevenue and financethe department of 57 29 administrative services may reissue outdated warrants. 57 30 5. On or before November 1 of each year, the director of 57 31revenue and financethe department of administrative services 57 32 shall provide the treasurer of state with a report of all 57 33 unpaid warrants which have been outdated for two years or 57 34 more. The treasurer shall include information regarding 57 35 outdated warrants in the notice published pursuant to section 58 1 556.12. An agreement to pay compensation to recover or assist 58 2 in the recovery of an outdated warrant made within twenty-four 58 3 months after the date the warrant becomes outdated is 58 4 unenforceable. However, an agreement made after twenty-four 58 5 months from the date the warrant becomes outdated is valid if 58 6 the fee or compensation agreed upon is not more than fifteen 58 7 percent of the recoverable property, the agreement is in 58 8 writing and signed by the payee, and the writing discloses the 58 9 nature and value of the property and the name and address of 58 10 the person in possession. This section does not apply to a 58 11 payee who has a bona fide fee contract with a practicing 58 12 attorney regulated under chapter 602, article 10. 58 13 Sec. 71. Section 29A.13, Code 2001, is amended to read as 58 14 follows: 58 15 29A.13 APPROPRIATED FUNDS. 58 16 Operating expenses for the national guard including the 58 17 purchase of land, maintenance of facilities, improvement of 58 18 state military reservations, installations, and weapons firing 58 19 ranges owned or leased by the state of Iowa or the United 58 20 States shall be paid from funds appropriated for the support 58 21 and maintenance of the national guard. Claims for payment of 58 22 such expenses shall be subject to the approval of the adjutant 58 23 general. Upon approval of the adjutant general the claim 58 24 shall be submitted to the director ofrevenue and financethe 58 25 department of administrative services in accordance with the 58 26 procedures established by the director ofrevenue and finance58 27 the department of administrative services under chapter42158 28 8A. 58 29 Payment for personnel compensation and authorized benefits 58 30 shall be approved by the adjutant general prior to submission 58 31 to the director ofrevenue and financethe department of 58 32 administrative services for payment. 58 33 Sec. 72. Section 56.3A, Code 2001, is amended to read as 58 34 follows: 58 35 56.3A FUNDS FROM UNKNOWN SOURCE – ESCHEAT. 59 1 The expenditure of funds from an unknown or unidentifiable 59 2 source received by a candidate or committee is prohibited. 59 3 Such funds received by a candidate or committee shall escheat 59 4 to the state. Any candidate or committee receiving such 59 5 contributions shall remit such contributions to the director 59 6 ofrevenue and financethe department of administrative 59 7 services for deposit in the general fund of the state. 59 8 Persons requested to make a contribution at a fundraising 59 9 event shall be advised that it is illegal to make a 59 10 contribution in excess of ten dollars unless the person making 59 11 the contribution also provides the person's name and address. 59 12 Sec. 73. Section 56.20, Code 2001, is amended to read as 59 13 follows: 59 14 56.20 RULES PROMULGATED. 59 15 The director of revenue and finance, in co-operation with 59 16 the director of the department of management, the director of 59 17 the department of administrative services, and the ethics and 59 18 campaign disclosure board, shall administer the provisions of 59 19 sections 56.18 to 56.26 and they shall promulgate all 59 20 necessary rules in accordance with chapter 17A. 59 21 Sec. 74. Section 56.22, subsection 1, Code 2001, is 59 22 amended to read as follows: 59 23 1. The money accumulated in the Iowa election campaign 59 24 fund to the account of each political party in the state shall 59 25 be remitted to the party on the first business day of each 59 26 month by warrant of the director ofrevenue and financethe 59 27 department of administrative services drawn upon the fund in 59 28 favor of the state chairperson of that party. The money 59 29 received by each political party under this section shall be 59 30 used as directed by the party's state statutory political 59 31 committee. 59 32 Sec. 75. Section 68B.2, subsection 23, Code 2001, is 59 33 amended to read as follows: 59 34 23. "Regulatory agency" means the department of 59 35 agriculture and land stewardship, department of workforce 60 1 development, department of commerce, Iowa department of public 60 2 health, department of public safety, department of education, 60 3 state board of regents, department of human services, 60 4 department of revenue and finance, department of inspections 60 5 and appeals, department ofpersonneladministrative services, 60 6 public employment relations board, state department of 60 7 transportation, civil rights commission, department of public 60 8 defense, and department of natural resources. 60 9 Sec. 76. Section 96.11, subsection 15, Code Supplement 60 10 2001, is amended to read as follows: 60 11 15. REIMBURSEMENT OF SETOFF COSTS. The department shall 60 12 include in the amount set off in accordance with section 60 13421.17, subsection 298A.504, for the collection of an 60 14 overpayment created pursuant to section 96.3, subsection 7, or 60 15 section 96.16, subsection 4, an additional amount for the 60 16 reimbursement of setoff costs incurred by the department of 60 17revenue and financeadministrative services. 60 18 Sec. 77. Section 97B.7, subsection 2, as amended by 2001 60 19 Iowa Acts, chapter 68, section 10, is amended to read as 60 20 follows: 60 21 2. The treasurer of the state of Iowa is hereby made the 60 22 custodian of the retirement fund and shall hold and disburse 60 23 the retirement fund in accordance with the requirements of 60 24 this chapter. As custodian, the treasurer shall be authorized 60 25 to disburse moneys in the retirement fund upon warrants drawn 60 26 by the director ofrevenue and financethe department of 60 27 administrative services pursuant to the order of the division. 60 28 The treasurer shall not select any bank or other third party 60 29 for the purposes of investment asset safekeeping, other 60 30 custody, or settlement services without prior consultation 60 31 with the board. 60 32 Sec. 78. Section 217.34, Code 2001, is amended to read as 60 33 follows: 60 34 217.34 DEBT SETOFF. 60 35 The investigations division of the department of 61 1 inspections and appeals and the department of human services 61 2 shall provide assistance to set off against a person's or 61 3 provider's income tax refund or rebate any debt which has 61 4 accrued through written contract, subrogation, departmental 61 5 recoupment procedures, or court judgment and which is in the 61 6 form of a liquidated sum due and owing the department of human 61 7 services. The department of inspections and appeals, with 61 8 approval of the department of human services, shall adopt 61 9 rules under chapter 17A necessary to assist the department of 61 10 revenue and finance in the implementation of the setoff under 61 11 section 421.17, subsection 21 and the department of 61 12 administrative services under section 8A.504 in regard to 61 13 money owed to the state for public assistance overpayments. 61 14 The department of human services shall adopt rules under 61 15 chapter 17A necessary to assist the department of revenue and 61 16 finance in the implementation of the setoff under section 61 17 421.17, subsection 21, and the department of administrative 61 18 services under section 8A.504 in regard to collections by the 61 19 child support recovery unit and the foster care recovery unit. 61 20 Sec. 79. Section 218.58, subsection 5, Code 2001, is 61 21 amended to read as follows: 61 22 5. A claim for payment relating to a project shall be 61 23 itemized on a voucher form pursuant to section421.408A.514, 61 24 certified by the claimant and the architect or engineer in 61 25 charge, and audited and approved by thedepartment of general61 26servicesphysical resources division. Upon approval by the 61 27department of general servicesphysical resources division, 61 28 the voucher shall be forwarded to the director ofrevenue and61 29financethe department of administration services, who shall 61 30 draw a warrant to be paid by the treasurer of state from funds 61 31 appropriated for the project. A partial payment made before 61 32 completion of the project does not constitute final acceptance 61 33 of the work or a waiver of any defect in the work. 61 34 Sec. 80. Section 218.85, Code 2001, is amended to read as 61 35 follows: 62 1 218.85 UNIFORM SYSTEM OF ACCOUNTS. 62 2 The director of human services through the administrators 62 3 in control of the institutions shall install in all the 62 4 institutions the most modern, complete, and uniform system of 62 5 accounts, records, and reports possible. The system shall be 62 6 prescribed by the director ofrevenue and financethe 62 7 department of administrative services as authorized in section 62 8421.318A.503, subsection1013, and, among other matters, 62 9 shall clearly show the detailed facts relative to the handling 62 10 and uses of all purchases. 62 11 Sec. 81. Section 218.100, Code 2001, is amended to read as 62 12 follows: 62 13 218.100 CENTRAL WAREHOUSE AND SUPPLY DEPOT. 62 14 The department of human services shall establish a fund for 62 15 maintaining and operating a central warehouse as a supply 62 16 depot and distribution facility for surplus government 62 17 products, carload canned goods, paper products, other staples 62 18 and such other items as determined by the department. The 62 19 fund shall be permanent and shall be composed of the receipts 62 20 from the sales of merchandise, recovery of handling, operating 62 21 and delivery charges of such merchandise and from the funds 62 22 contributed by the institutions now in a contingent fund being 62 23 used for this purpose. All claims for purchases of 62 24 merchandise, operating and salary expenses shall be subject to 62 25 the provisions of sections 218.86 to218.89218.88. 62 26 Sec. 82. Section 234.8, Code 2001, is amended to read as 62 27 follows: 62 28 234.8 FEES FOR CHILD WELFARE SERVICES. 62 29 The department of human services may charge a fee for child 62 30 welfare services to a person liable for the cost of the 62 31 services. The fee shall not exceed the reasonable cost of the 62 32 services. The fee shall be based upon the person's ability to 62 33 pay and consideration of the fee's impact upon the liable 62 34 person's family and the goals identified in the case 62 35 permanency plan. The department may assess the liable person 63 1 for the fee and the means of recovery shall include a setoff 63 2 against an amount owed by a state agency to the person 63 3 assessed pursuant to section421.17, subsection 298A.504. In 63 4 addition the department may establish an administrative 63 5 process to recover the assessment through automatic income 63 6 withholding. The department shall adopt rules pursuant to 63 7 chapter 17A to implement the provisions of this section. This 63 8 section does not apply to court-ordered services provided to 63 9 juveniles which are a charge upon the state pursuant to 63 10 section 232.141 and services for which the department has 63 11 established a support obligation pursuant to section 234.39. 63 12 Sec. 83. Section 236.15B, unnumbered paragraph 5, Code 63 13 2001, is amended to read as follows: 63 14 The department of revenue and finance shall consult the 63 15 crime victim assistance board concerning the adoption of rules 63 16 to implement this section. However, before a checkoff 63 17 pursuant to this section shall be permitted, all liabilities 63 18 on the books of the department ofrevenue and finance63 19 administrative services and accounts identified as owing under 63 20 section421.178A.504 and the political contribution allowed 63 21 under section 56.18 shall be satisfied. 63 22 Sec. 84. Section 298.14, unnumbered paragraph 3, Code 63 23 2001, is amended to read as follows: 63 24TheAt the request of the director of revenue and finance, 63 25 the department of administrative services shall draw warrants 63 26 in payment of the surtaxes collected in each school district. 63 27 Warrants shall be payable in two installments to be paid on 63 28 approximately the first day of December and the first day of 63 29 February following collection of the taxes and shall be 63 30 delivered to the respective school districts. 63 31 Sec. 85. Section 304.3, subsections 4, 8, and 9, Code 63 32 2001, are amended to read as follows: 63 33 4. Thedirector of revenue and financeadministrator of 63 34 the financial management division of the department of 63 35 administrative services. 64 1 8. Thedirectoradministrator of thedepartment of general64 2servicesphysical resources division of the department of 64 3 administrative services. 64 4 9. Thedirectoradministrator of the information 64 5 technology division of the department of administrative 64 6 services. 64 7 Sec. 86. Section 304A.21, subsection 3, Code 2001, is 64 8 amended to read as follows: 64 9 3."Department""Division" means thedepartment of general64 10servicesphysical resources division of the department of 64 11 administrative services. 64 12 Sec. 87. Section 304A.25, Code 2001, is amended to read as 64 13 follows: 64 14 304A.25 REVIEW AND DETERMINATION AS TO QUALIFICATION FOR 64 15 INDEMNITY COVERAGE. 64 16 1. Every application received by the administrator shall 64 17 be submitted to thedepartment of general servicesdivision 64 18 which shall review the application and determine whether the 64 19 applicant qualifies for indemnity coverage under this 64 20 division. The criteria for qualification shall be prescribed 64 21 by rule of thedepartment of general servicesdivision and 64 22 shall include but are not limited to: 64 23 a. Physical security of the applicant's exhibition 64 24 facilities and of the means of transportation of the items. 64 25 b. Experience and qualifications of the applicant's 64 26 director, curator, registrar, or other staff. 64 27 c. Eligibility of the applicant's exhibition facilities 64 28 for commercial insurance coverage of art objects and artifacts 64 29 exhibited there. 64 30 d. Availability of proper equipment to protect art objects 64 31 and artifacts from damage from extremes of temperature or 64 32 humidity or exposure to glare, dust, or corrosion. 64 33 2. Thedepartmentdivision may consult with experts as 64 34 necessary to carry out its duties under this section. 64 35 3. If thedepartment of general servicesdivision is not 65 1 staffed for risk management, thedepartmentdivision shall 65 2 utilize the services of a consultant in carrying out the 65 3department'sdivision's duties under this chapter. 65 4 Sec. 88. Section 304A.26, subsection 1, Code 2001, is 65 5 amended to read as follows: 65 6 1. If thedepartment of general servicesdivision 65 7 determines that the applicant qualifies for indemnity 65 8 coverage, the administrator shall review and determine the 65 9 validity of other portions of the application, including the 65 10 eligibility of items for which coverage by an indemnity 65 11 agreement is sought and the estimated value of those items. 65 12 Sec. 89. Section 304A.29, Code 2001, is amended to read as 65 13 follows: 65 14 304A.29 CLAIMS. 65 15 1. Claims for losses covered by indemnity agreements under 65 16this divisionsections 304A.21 through 304A.30 shall be 65 17 submitted to thedepartment of general servicesdivision which 65 18 shall review the claims. If thedepartmentdivision 65 19 determines that the loss is covered by the agreement, the 65 20departmentdivision shall certify the validity of the claim 65 21 and authorize payment of the amount of loss, less any 65 22 deductible portion, to the lender. 65 23 2. Thedepartmentdivision shall prescribe rules providing 65 24 for prompt adjustment of valid claims. The rules shall 65 25 include provisions for the employment of consultants and for 65 26 the arbitration of issues relating to the dollar value of 65 27 damages involving less than total loss or destruction of 65 28 covered items. 65 29 3. The authorization for payment shall be forwarded to the 65 30 director ofrevenue and financethe department of 65 31 administrative services, who shall issue a warrant for payment 65 32 of the claim from the state general fund out of any funds not 65 33 otherwise appropriated. 65 34 Sec. 90. Section 331.552, subsection 5, Code Supplement 65 35 2001, is amended to read as follows: 66 1 5. Account for, report, and pay into the state treasury 66 2 any money, property, or securities received on behalf of the 66 3 state as provided in sections421.32 to 421.348A.506 through 66 4 8A.508. 66 5 Sec. 91. Section 405A.10, Code 2001, is amended to read as 66 6 follows: 66 7 405A.10 FRANCHISE TAX REVENUE ALLOCATION. 66 8 For the fiscal year beginning July 1, 1997, and each 66 9 subsequent fiscal year, there is appropriated from the general 66 10 fund of the state to the department of revenue and finance the 66 11 sum of eight million eight hundred thousand dollars which 66 12 shall be paid quarterly on warrants by the director of the 66 13 department of administrative services as allocated pursuant to 66 14 section 422.65. 66 15 Sec. 92. Section 421.17, subsections 28, 29, 30, and 33, 66 16 Code Supplement 2001, are amended by striking the subsections. 66 17 Sec. 93. Section 422.20, subsection 3, unnumbered 66 18 paragraph 1, Code 2001, is amended to read as follows: 66 19 Unless otherwise expressly permitted by section 421.17, 66 20 subsections 21, 22, 22A, 23, 25,29,and 32, sections 8A.504, 66 21 252B.9, 421.19, 421.28, 422.72, and 452A.63, and this section, 66 22 a tax return, return information, or investigative or audit 66 23 information shall not be divulged to any person or entity, 66 24 other than the taxpayer, the department, or internal revenue 66 25 service for use in a matter unrelated to tax administration. 66 26 Sec. 94. Section 422.72, subsection 3, unnumbered 66 27 paragraph 1, Code 2001, is amended to read as follows: 66 28 Unless otherwise expressly permitted by section 421.17, 66 29 subsections 21, 22, 22A, 23, 25,29,and 32, sections 8A.504, 66 30 252B.9, 421.19, 421.28, 422.20, and 452A.63, and this section, 66 31 a tax return, return information, or investigative or audit 66 32 information shall not be divulged to any person or entity, 66 33 other than the taxpayer, the department, or internal revenue 66 34 service for use in a matter unrelated to tax administration. 66 35 Sec. 95. Section 425.1, subsection 1, Code 2001, is 67 1 amended to read as follows: 67 2 1. A homestead credit fund is created. There is 67 3 appropriated annually from the general fund of the state to 67 4 the department of revenue and finance to be credited to the 67 5 homestead credit fund, an amount sufficient to implement this 67 6 chapter. 67 7 The director ofrevenue and financethe department of 67 8 administrative services shall issue warrants on the homestead 67 9 credit fund payable to the county treasurers of the several 67 10 counties of the state under this chapter. 67 11 Sec. 96. Section 452A.77, unnumbered paragraph 1, Code 67 12 2001, is amended to read as follows: 67 13 All fees, taxes, interest and penalties imposed under this 67 14 chapter must be paid to the department of revenue and finance 67 15 or the state department of transportation, whichever is 67 16 responsible for the collection. The appropriate state agency 67 17 shall transmit each payment daily to the treasurer of state. 67 18 Such payments shall be deposited by the treasurer of state in 67 19 a fund, hereby created, within the state treasury which shall 67 20 be known as the "motor fuel tax fund," the net proceeds of 67 21 which fund, after deductions by lawful transfers and refunds, 67 22 shall be known as the "motor vehicle fuel tax fund". The 67 23 department of revenue and finance and the state department of 67 24 transportation shall certify monthly to the director of 67 25 revenue and finance amounts of refunds of tax approved during 67 26 each month, and the director ofrevenue and financethe 67 27 department of administrative services shall draw warrants in 67 28 such amounts on the motor fuel tax fund and transmit them. 67 29 There is hereby appropriated out of the money received under 67 30 the provisions of this chapter and deposited in the motor fuel 67 31 tax fund sufficient funds to pay such refunds as may be 67 32 authorized in this chapter. 67 33 Sec. 97. Section 602.8102, subsection 4, Code Supplement 67 34 2001, is amended to read as follows: 67 35 4. Upon the death of a judge or magistrate of the district 68 1 court, give written notice to the department of management and 68 2 the department ofrevenue and financeadministrative services 68 3 of the date of death. The clerk shall also give written 68 4 notice of the death of a justice of the supreme court, a judge 68 5 of the court of appeals, or a judge or magistrate of the 68 6 district court who resides in the clerk's county to the state 68 7 commissioner of elections, as provided in section 46.12. 68 8 Sec. 98. Sections 14B.106, 14B.107, 218.89, 421.6, 421.31, 68 9 421.32, 421.33, 421.34, 421.35, 421.36, 421.37, 421.38, 68 10 421.39, 421.40, 421.41, 421.42, 421.43, 421.44, and 421.45, 68 11 Code 2001, are repealed. 68 12 Sec. 99. AMENDMENTS CHANGING TERMINOLOGY – DIRECTIVE TO 68 13 CODE EDITOR. Except as otherwise provided in this Act: 68 14 1. a. The Iowa Code editor is directed to strike the 68 15 words "information technology department" and insert the words 68 16 "information technology division of the department of 68 17 administrative services" wherever the words "information 68 18 technology department" appear in the Iowa Code unless a 68 19 contrary intent is clearly evident. 68 20 b. The Iowa Code editor is directed to strike the word 68 21 "department" and insert the word "division" wherever the word 68 22 "department" appears in Iowa Code chapter 14B and refers to 68 23 the information technology department unless a contrary intent 68 24 is clearly evident. 68 25 c. The Iowa Code editor is directed to strike the words 68 26 "director of the information technology department" or 68 27 "information technology department director" and insert the 68 28 words "administrator of the information technology division of 68 29 the department of administrative services" wherever the words 68 30 "director of the information technology department" or 68 31 "information technology department director" appear in the 68 32 Iowa Code unless a contrary intent is clearly evident. 68 33 d. The Iowa Code editor is directed to strike the word 68 34 "director" and insert the word "administrator" wherever the 68 35 word "director" appears in Iowa Code chapter 14B and refers to 69 1 the director of the information technology department unless a 69 2 contrary intent is clearly evident. 69 3 2. a. The Iowa Code editor is directed to strike the 69 4 words "department of general services" and insert the words 69 5 "physical resources division of the department of 69 6 administrative services" wherever the words "department of 69 7 general services" appear in the Iowa Code unless a contrary 69 8 intent is clearly evident. 69 9 b. The Iowa Code editor is directed to strike the word 69 10 "department" and insert the word "division" wherever the word 69 11 "department" appears in Iowa Code chapter 18 and refers to the 69 12 department of general services unless a contrary intent is 69 13 clearly evident. 69 14 c. The Iowa Code editor is directed to strike the words 69 15 "director of the department of general services" or "general 69 16 services department director" and insert the words 69 17 "administrator of the physical resources division of the 69 18 department of administrative services" wherever the words 69 19 "director of the department of general services" or "general 69 20 services department director" appear in the Iowa Code unless a 69 21 contrary intent is clearly evident. 69 22 d. The Iowa Code editor is directed to strike the word 69 23 "director" and insert the word "administrator" wherever the 69 24 word "director" appears in Iowa Code chapter 18 and refers to 69 25 the director of the department of general services unless a 69 26 contrary intent is clearly evident. 69 27 3. a. The Iowa Code editor is directed to strike the 69 28 words "department of personnel" and insert the words "human 69 29 resources division of the department of administrative 69 30 services" wherever the words "department of personnel" appear 69 31 in the Iowa Code unless a contrary intent is clearly evident. 69 32 b. The Iowa Code editor is directed to strike the word 69 33 "department" and insert the word "division" wherever the word 69 34 "department" appears in Iowa Code chapter 19A and refers to 69 35 the department of personnel unless a contrary intent is 70 1 clearly evident. 70 2 c. The Iowa Code editor is directed to strike the words 70 3 "director of the department of personnel" or "personnel 70 4 department director" and insert the words "administrator of 70 5 the human resources division of the department of 70 6 administrative services" wherever the words "director of the 70 7 department of personnel" or "personnel department director" 70 8 appear in the Iowa Code unless a contrary intent is clearly 70 9 evident. 70 10 d. The Iowa Code editor is directed to strike the word 70 11 "director" and insert the word "administrator" wherever the 70 12 word "director" appears in Iowa Code chapter 19A and refers to 70 13 the director of the department of personnel unless a contrary 70 14 intent is clearly evident. 70 15 4. a. Sections 1.15; 2.10, subsection 4; 2B.10, 70 16 subsection 4; 7.13; 8.61; 11.20; 12.4; 12.5; 12.26; 12B.16; 70 17 12B.17; 12B.18; 15E.112; 15E.117; 16.31; 17A.4; 18.19; 18.117; 70 18 29C.14; 35.10; 49A.9; 53.50; 74.9; 96.9; 97.51; 97A.8; 97A.11; 70 19 97B.33; 100B.11; 123.53; 152.3; 159.23; 159.29A; 159A.7; 70 20 161.7; 161C.5; 179.5; 186.5; 218.50; 218.57; 218.86; 218.87; 70 21 225.22; 225.23; 225.28; 225C.12; 227.7; 229.35; 233B.14; 70 22 249.8; 255.24; 255.26; 257B.11; 257B.18; 257B.35; 257B.37; 70 23 257B.39; 257B.40; 257B.42; 257C.9; 261.4; 262.29; 270.5; 70 24 270.6; 272.11; 272C.7; 298.11; 301.30; 310.7; 313.18; 313.19; 70 25 313.20; 313.28; 314.3; 315.7; 324A.5; 331.555; 450.84; 70 26 452A.72; 455B.107; 455B.183A; 455B.246; 455J.2; 456A.19; 70 27 456A.21; 473.11; 504A.63; 515.129; 518B.2; 518B.5; 524.209; 70 28 533.62; 534.403; 568.20; 569.4; 602.9109; 641.5; 679B.7; 70 29 820.24; 904.311; 904.808; Code 2001, are amended by striking 70 30 from the applicable section or subsection the words "director 70 31 of revenue and finance" and inserting in lieu thereof the 70 32 following "director of the department of administrative 70 33 services". 70 34 b. Sections 7A.3, subsection 1; 8.35A, subsection 1; 96.7, 70 35 subsection 7; 96.14; 169A.13A; 225.30; 234.6; 251.5; 270.7; 71 1 602.1304; Code Supplement 2001, are amended by striking from 71 2 the sections the words "director of revenue and finance" and 71 3 inserting in lieu thereof the following "director of the 71 4 department of administrative services". 71 5 5. a. Sections 2.49, subsection 5; 8.34; 8.63, subsection 71 6 4; 11.28; 12.6; 12.28; 12B.2; 12B.17; 16.31; 16A.13; 18.9; 71 7 25.6; 74.9; 97A.8; 100B.11; 175.22; 179.5; 181.13; 184.13; 71 8 185.26; 185C.26; 255.24A; 256.12; 256.19; 256.20; 256D.4; 71 9 257.32; 257B.1B; 257C.9; 260A.1; 260C.18B; 260C.24; 282.28; 71 10 282.31; 283.1; 285.2; 294A.6; 294A.9; 303.14; 313.7; 405A.9; 71 11 455G.5; 602.9104; 633.545; 804.28; 904.507A; Code 2001, are 71 12 amended by striking from the sections the words "department of 71 13 revenue and finance" and inserting in lieu thereof the 71 14 following "department of administrative services". 71 15 b. Sections 8.47; 14B.102; 22.7, subsection 32; 256D.6; 71 16 455G.3; Code Supplement 2001, are amended by striking from the 71 17 sections the words "department of revenue and finance" and 71 18 inserting in lieu thereof the following "department of 71 19 administrative services". 71 20 Sec. 100. ADMINISTRATIVE RULES – TRANSITION PROVISIONS. 71 21 1. Any rule, regulation, form, order, or directive 71 22 promulgated by any state agency mentioned in this Act, 71 23 including any agency abolished, merged, or altered in this 71 24 Act, and in effect on the effective date of this Act shall 71 25 continue in full force and effect until amended, repealed, or 71 26 supplemented by affirmative action of the appropriate state 71 27 agency under the duties and powers of state agencies as 71 28 established in this Act and under the procedure established in 71 29 subsection 2. 71 30 Any license or permit issued by any state agency mentioned 71 31 in this Act, including any agency abolished, merged, or 71 32 altered in this Act, and in effect on the effective date of 71 33 this Act shall continue in full force and effect until 71 34 expiration or renewal. 71 35 2. In regard to updating references and format in the Iowa 72 1 administrative code in order to correspond to the 72 2 restructuring of state government as established in this Act, 72 3 the administrative rules coordinator and the administrative 72 4 rules review committee, in consultation with the Code editor, 72 5 shall jointly develop a schedule for the necessary updating of 72 6 the Iowa administrative code. 72 7 DIVISION II 72 8 EXECUTIVE COUNCIL REPEAL AND CORRESPONDING CHANGES 72 9 Sec. 101. Section 1C.2, unnumbered paragraph 3, Code 2001, 72 10 is amended by striking the unnumbered paragraph. 72 11 Sec. 102. Section 2.46, subsection 2, Code 2001, is 72 12 amended to read as follows: 72 13 2. EXAMINATION. Examine the reports and official acts of 72 14the executive council and ofeach officer, board, commission, 72 15 and department of the state, in respect to the conduct and 72 16 expenditures thereof and the receipts and disbursements of 72 17 public funds thereby. All state departments and agencies are 72 18 required to immediately notify the legislative fiscal 72 19 committee of the legislative council and the director of the 72 20 legislative fiscal bureau if any state facilities within their 72 21 jurisdiction have been cited for violations of any federal, 72 22 state, or local laws or regulations or have been decertified 72 23 or notified of the threat of decertification from compliance 72 24 with any state, federal, or other nationally recognized 72 25 certification or accreditation agency or organization. 72 26 Sec. 103. Section 6A.1, Code 2001, is amended to read as 72 27 follows: 72 28 6A.1 EXERCISE OF POWER BY STATE. 72 29 Proceedings may be instituted and maintained by the state 72 30 of Iowa, or for the use and benefit thereof, for the 72 31 condemnation of such private property as may be necessary for 72 32 any public improvement which the general assembly has 72 33 authorized to be undertaken by the state, and for which an 72 34 available appropriation has been made. Theexecutive council72 35 department of administrative services shall institute and 73 1 maintain such proceedings in case authority to so do be not 73 2 otherwise delegated. 73 3 Sec. 104. Section 6A.2, Code 2001, is amended to read as 73 4 follows: 73 5 6A.2 ON BEHALF OF FEDERAL GOVERNMENT. 73 6 Theexecutive councildepartment of administrative services 73 7 may institute and maintain such proceedings when private 73 8 property is necessary for any use of the government of the 73 9 United States. 73 10 Sec. 105. Section 7A.30, unnumbered paragraph 2, Code 73 11 2001, is amended to read as follows: 73 12 Inventories maintained in the files of each such agency of 73 13 state government shall be open to public inspection and 73 14 available for the information of theexecutive council and73 15 director of the department ofgeneraladministrative services. 73 16 Sec. 106. Section 8.6, subsection 6, Code Supplement 2001, 73 17 is amended to read as follows: 73 18 6. INVESTIGATIONS. To make such investigations of the 73 19 organization, activities and methods of procedure of the 73 20 several departments and establishments as the director of 73 21 management may be called upon to make by the governoror the73 22governor and executive council,or the legislature. 73 23 Sec. 107. Section 8.6, subsection 8, Code Supplement 2001, 73 24 is amended to read as follows: 73 25 8. RULES. To make such rules, subject to the approval of 73 26 the governor, as may be necessary for effectively carrying on 73 27 the work of the department of management. The director may,73 28with the approval of the executive council,require any state 73 29 official, agency, department or commission, to require any 73 30 applicant, registrant, filer, permit holder or license holder, 73 31 whether individual, partnership, trust or corporation, to 73 32 submit to said official, agency, department or commission, the 73 33 social security or the tax number or both so assigned to said 73 34 individual, partnership, trust or corporation. 73 35 Sec. 108. Section 8.33, unnumbered paragraph 1, Code 2001, 74 1 is amended to read as follows: 74 2 No obligation of any kind shall be incurred or created 74 3 subsequent to the last day of the fiscal year for which an 74 4 appropriation is made, except when specific provision 74 5 otherwise is made in the Act making the appropriation. On 74 6 August 31, or as otherwise provided in an appropriation Act, 74 7 following the close of each fiscal year, all unencumbered or 74 8 unobligated balances of appropriations made for that fiscal 74 9 term revert to the state treasury and to the credit of the 74 10 funds from which the appropriations were made, except that 74 11 capital expenditures for the purchase of land or the erection 74 12 of buildings or new construction continue in force until the 74 13 attainment of the object or the completion of the work for 74 14 which the appropriations were made unless the Act making an 74 15 appropriation for the capital expenditure contains a specific 74 16 provision relating to a time limit for incurring an obligation 74 17 or reversion of funds.This section does not repeal sections74 187D.11 through 7D.14.74 19 Sec. 109. Section 9.6, Code Supplement 2001, is amended to 74 20 read as follows: 74 21 9.6 IOWA OFFICIAL REGISTER. 74 22 In odd-numbered years, the secretary of state shall compile 74 23 for publication the Iowa official register which shall contain 74 24 historical, political, and other statistics of general value, 74 25 but nothing of a partisan character. Included in each 74 26 official register shall be the official canvass of the votes 74 27 cast at the last general election. 74 28 Sec. 110. Section 11.32, Code 2001, is amended to read as 74 29 follows: 74 30 11.32 CERTIFIED ACCOUNTANTS EMPLOYED. 74 31 Nothing in this chapter will prohibit the auditor of state,74 32with the prior written permission of the state executive74 33council,from employing certified public accountants or 74 34 registered public accountants for specific assignments. Under 74 35 the provision of this section, the auditor of state may employ 75 1 such accountants for any assignment now expressly reserved to 75 2 the auditor of state. Payments, after approval by the75 3executive council,will be made to the accountants so employed 75 4 from funds from which the auditor of state would have been 75 5 paid had the auditor of state performed the assignment, or if75 6no such specific funds are indicated, then payment will be75 7made from the funds of the executive council. 75 8 Sec. 111. Section 12.8, unnumbered paragraph 1, Code 75 9 Supplement 2001, is amended to read as follows: 75 10 The treasurer of state shall invest or deposit, as provided 75 11 by law, any of the public funds not currently needed for 75 12 operating expenses and shall do so upon receipt of monthly 75 13 notice from the director of revenue and finance of the amount 75 14 not so needed. In the event of loss on redemption or sale of 75 15 securities invested as prescribed by law,and if the75 16transaction is reported to the executive council,neither the 75 17 treasurer nor director of revenue and finance is personally 75 18 liable but the loss shall be charged against the funds which 75 19 would have received the profits or interest of the investment 75 20 and there is appropriated from the funds the amount so 75 21 required. 75 22 Sec. 112. NEW SECTION. 12.26A ANTICIPATION OF REVENUES. 75 23 The treasurer of state may anticipate the revenues for any 75 24 year, when the current revenues for that year are insufficient 75 25 to pay all warrants issued in that year, by causing state 75 26 warrants, in an amount not exceeding the estimated state 75 27 revenues for that year, and bearing interest at a rate not 75 28 exceeding that permitted by chapter 74A, to be issued, 75 29 advertised, and sold on sealed bids, and to the bidder 75 30 offering the lowest interest rate. All bids and all records 75 31 pertaining thereto shall be kept on file. The treasurer of 75 32 state shall comply with the provisions of chapter 74. 75 33 Sec. 113. Section 12.28, subsection 6, Code 2001, is 75 34 amended to read as follows: 75 35 6. The maximum principal amount of financing agreements 76 1 which the treasurer of state can enter into shall be one 76 2 million dollars per state agency in a fiscal year, subject to 76 3 the requirements of section 8.46. For the fiscal year, the 76 4 treasurer of state shall not enter into more than one million 76 5 dollars of financing agreements per state agency, not 76 6 considering interest expense. However, the treasurer of state 76 7 may enter into financing agreements in excess of the one 76 8 million dollar per agency per fiscal year limit if a 76 9 constitutional majority of each house of the general assembly, 76 10 or the legislative council if the general assembly is not in 76 11 session, and the governor, authorize the treasurer of state to 76 12 enter into additional financing agreements above the one 76 13 million dollar authorization contained in this section. The 76 14 treasurer of state shall not enter into a financing agreement 76 15 for real or personal property which is to be constructed for 76 16 use as a prison or prison-related facility without prior 76 17 authorization by a constitutional majority of each house of 76 18 the general assembly and approval by the governor of the use, 76 19 location, and maximum cost, not including interest expense, of 76 20 the real or personal property to be financed. However, 76 21 financing agreements for an energy conservation measure, as 76 22 defined in section7D.348A.107, are exempt from the 76 23 provisions of this subsection, but are subject to the 76 24 requirements of section7D.348A.107 or 473.20A. In addition, 76 25 financing agreements funded through the materials and 76 26 equipment revolving fund established in section 307.47 are 76 27 exempt from the provisions of this subsection. 76 28 Sec. 114. Section 12.30, subsection 2, paragraph a, Code 76 29 Supplement 2001, is amended to read as follows: 76 30 a. Select and fix the compensation for, in consultation 76 31 with the respective authority, through a competitive selection 76 32 procedure, attorneys, accountants, financial advisors, banks, 76 33 underwriters, insurers, and other employees and agents which 76 34 in the treasurer's judgment are necessary to carry out the 76 35 authority's intention. Prior to the initial selection, the 77 1 treasurer shall, after consultation with the authorities, 77 2 establish a procedure which provides for a fair and open 77 3 selection process including, but not limited to, the 77 4 opportunity to present written proposals and personal 77 5 interviews. The treasurer shall maintain a list of firms 77 6 which have requested to be notified of requests for proposal. 77 7 The selection criteria shall take into consideration, but are 77 8 not limited to, compensation, expenses, experience with 77 9 similar issues, scheduling, ability to provide the services of 77 10 individuals with specific knowledge in the relevant subject 77 11 matter and length of the engagement. The treasurer may waive 77 12 the requirements for a competitive selection procedure for any 77 13 specific employment upon written notice to theexecutive77 14councilgovernor stating why the waiver is in the public 77 15 interest. Upon selection by the treasurer, the authority 77 16 shall promptly employ the individual or firm and be 77 17 responsible for payment of costs. 77 18 Sec. 115. Section 12B.10, subsection 6, paragraph h, Code 77 19 Supplement 2001, is amended to read as follows: 77 20 h. Investments under the deferred compensation plan 77 21 established by theexecutive councilgovernor pursuant to 77 22 section 509A.12. 77 23 Sec. 116. Section 12B.10A, subsection 6, paragraph h, Code 77 24 Supplement 2001, is amended to read as follows: 77 25 h. The deferred compensation plan established by the 77 26executive councilgovernor pursuant to section 509A.12. 77 27 Sec. 117. Section 12B.10B, subsection 3, paragraph h, Code 77 28 Supplement 2001, is amended to read as follows: 77 29 h. The deferred compensation plan established by the 77 30executive councilgovernor pursuant to section 509A.12. 77 31 Sec. 118. Section 12B.10C, subsection 7, Code Supplement 77 32 2001, is amended to read as follows: 77 33 7. The deferred compensation plan established by the 77 34executive councilgovernor pursuant to section 509A.12. 77 35 Sec. 119. Section 12C.1, subsection 1, Code Supplement 78 1 2001, is amended to read as follows: 78 2 1. All funds held by the following officers or 78 3 institutions shall be deposited in one or more depositories 78 4 first approved by the appropriate governing body as indicated: 78 5 for the treasurer of state, by theexecutive councilgovernor; 78 6 for judicial officers and court employees, by the supreme 78 7 court; for the county treasurer, recorder, auditor, and 78 8 sheriff, by the board of supervisors; for the city treasurer 78 9 or other designated financial officer of a city, by the city 78 10 council; for the county public hospital or merged area 78 11 hospital, by the board of hospital trustees; for a memorial 78 12 hospital, by the memorial hospital commission; for a school 78 13 corporation, by the board of school directors; for a city 78 14 utility or combined utility system established under chapter 78 15 388, by the utility board; for a library service area 78 16 established under chapter 256, by the library service area 78 17 board of trustees; and for an electric power agency as defined 78 18 in section 28F.2 or 476A.20, by the governing body of the 78 19 electric power agency. However, the treasurer of state and 78 20 the treasurer of each political subdivision or the designated 78 21 financial officer of a city shall invest all funds not needed 78 22 for current operating expenses in time certificates of deposit 78 23 in approved depositories pursuant to this chapter or in 78 24 investments permitted by section 12B.10. The list of public 78 25 depositories and the amounts severally deposited in the 78 26 depositories are matters of public record. This subsection 78 27 does not limit the definition of "public funds" contained in 78 28 subsection 2. Notwithstanding provisions of this section to 78 29 the contrary, public funds of a state government deferred 78 30 compensation plan established by theexecutive council78 31 governor may also be invested in the investment products 78 32 authorized under section 509A.12. 78 33 Sec. 120. Section 12E.2, subsection 10, Code Supplement 78 34 2001, is amended to read as follows: 78 35 10. "Program plan" means the tobacco settlement program 79 1 plan dated February 14, 2001, including exhibits to the 79 2 program plan, submitted by the authority to the legislative 79 3 counciland the executive council, to provide the state with a 79 4 secure and stable source of funding for the purposes 79 5 designated by this chapter and section 12.65. 79 6 Sec. 121. Section 12E.9, subsection 5, Code Supplement 79 7 2001, is amended to read as follows: 79 8 5. The authority, the treasurer of state, and the attorney 79 9 general shall report to the legislative counciland the79 10executive councilon or before the date of the sale, advising 79 11 them of the status of the sale, its terms, and conditions. 79 12 Sec. 122. Section 13.2, subsection 2, Code 2001, is 79 13 amended to read as follows: 79 14 2. Prosecute and defend in any other court or tribunal, 79 15 all actions and proceedings, civil or criminal, in which the 79 16 state may be a party or interested, when, in the attorney 79 17 general's judgment, the interest of the state requires such 79 18 action, or when requested to do so by the governor, executive79 19council,or general assembly. 79 20 Sec. 123. Section 13.3, Code 2001, is amended to read as 79 21 follows: 79 22 13.3 DISQUALIFICATION – SUBSTITUTE. 79 23 1. If, for any reason, the attorney general be 79 24 disqualified from appearing in any action or proceeding, the 79 25executive councilgovernor shall appoint some suitable person 79 26 for that purpose and defray the reasonable expense thereof 79 27 from any unappropriated funds in the state treasury. The 79 28 department involved in the action or proceeding shall be 79 29 requested to recommend a suitable person to represent the 79 30 department and when theexecutive councilgovernor concurs in 79 31 the recommendation, the person recommended shall be appointed. 79 32 2. If the governor or a department is represented by an 79 33 attorney other than the attorney general in a court proceeding 79 34 as provided in this section, at the conclusion of the court 79 35 proceedings, the court shall review the fees charged to the 80 1 state to determine if the fees are fair and reasonable. The 80 2executive councilgovernor shall not reimburseattorneys'80 3 attorney fees in excess of those determined by the court to be 80 4 fair and reasonable. 80 5 Sec. 124. Section 13.7, Code 2001, is amended to read as 80 6 follows: 80 7 13.7 SPECIAL COUNSEL. 80 8 Compensation shall not be allowed to any person for 80 9 services as an attorney or counselor to an executive 80 10 department of the state government, or the head thereof, or to 80 11 a state board or commission. However, theexecutive council80 12 governor may employ legal assistance, at a reasonable 80 13 compensation, in a pending action or proceeding to protect the 80 14 interests of the state, but only upon a sufficient showing, in 80 15 writing, made by the attorney general, that the department of 80 16 justice cannot for reasons stated by the attorney general 80 17 perform the service, which reasons and action of the council 80 18 shall be entered upon its records. When the attorney general 80 19 determines that the department of justice cannot perform legal 80 20 service in an action or proceeding, theexecutive council80 21 governor shall request the department involved in the action 80 22 or proceeding to recommend legal counsel to represent the 80 23 department. If the attorney general concurs with the 80 24 department that the person recommended is qualified and 80 25 suitable to represent the department, the person recommended 80 26 shall be employed. If the attorney general does not concur in 80 27 the recommendation, the department shall submit a new 80 28 recommendation. This section does not affect the general 80 29 counsel for the utilities board of the department of commerce, 80 30 or the legal counsel of the department of workforce 80 31 development. 80 32 Sec. 125. Section 15.108, subsection 9, paragraph c, Code 80 33 Supplement 2001, is amended to read as follows: 80 34 c. Except as otherwise provided in sections7D.338A.106, 80 35 260C.14, and 262.9, provide that an inventor whose research is 81 1 funded in whole or in part by the state shall assign to the 81 2 state a proportionate part of the inventor's rights to a 81 3 letter patent resulting from that research. Royalties or 81 4 earnings derived from a letter patent shall be paid to the 81 5 treasurer of state and credited by the treasurer to the 81 6 general fund of the state. However, the department in 81 7 conjunction with other state agencies, including the board of 81 8 regents, shall provide incentives to inventors whose research 81 9 is funded in whole or in part by the state for having their 81 10 products produced in the state. These incentives may include 81 11 taking a smaller portion of the inventor's royalties or 81 12 earnings than would otherwise occur under this paragraph or 81 13 other provisions of the law. 81 14 Sec. 126. Section 18.6, subsection 8, Code 2001, is 81 15 amended to read as follows: 81 16 8. The director shall establish rules providing that any 81 17 state agency may, upon request, purchase directly from a 81 18 vendor if the direct purchasing is as economical or more 81 19 economical than purchasing through the department, or upon a 81 20 showing that direct purchasing by the state agency would be in 81 21 the best interests of the state due to an immediate or 81 22 emergency need. The rules shall include a provision 81 23 permitting a state agency to purchase directly from a vendor, 81 24 on the agency's own authority, if the purchase will not exceed 81 25 five thousand dollars and the purchase will contribute to the 81 26 agency complying with or exceeding the targeted small business 81 27 procurement goals under sections 73.15 through 73.21. 81 28Any member of the executive council may bring before the81 29council for review a decision of the director granting a state81 30agency request for direct purchasing. The executive council81 31shall hear and review the director's decision in the same81 32manner as an appeal filed by an aggrieved bidder, except that81 33the three-day period for filing for review shall not apply.81 34 Sec. 127. Section 18.7, Code 2001, is amended to read as 81 35 follows: 82 1 18.7 DISPUTES INVOLVING PURCHASING FROM IOWA STATE 82 2 INDUSTRIES. 82 3 Disputes arising between the department of corrections and 82 4 a purchasing department or agency over the procurement of 82 5 products from Iowa state industries as described in section 82 6 904.808 shall be referred to the director. The decision of 82 7 the director is finalunless a written appeal is filed with82 8the executive council within five days of receipt of the82 9decision of the director, excluding Saturdays, Sundays, and82 10legal holidays. If an appeal is filed, the executive council82 11shall hear and determine the appeal within thirty days. The82 12decision of the executive council is final. 82 13 Sec. 128. Section 18.9, subsection 1, Code 2001, is 82 14 amended to read as follows: 82 15 1. At the end of each month thedirectoradministrator 82 16 shall render a statement to each state agency for the actual 82 17 cost of items purchased through thedepartmentdivision, the 82 18 actual cost of services and postage used by the agency. The 82 19 monthly statement shall also include a fair proportion of the 82 20 cost of administration of thedepartment of general services82 21 division during the month. The portion of administrative 82 22 costs shall be determined by thedirectoradministrator 82 23 subject to review by theexecutive councildirector of the 82 24 department of administrative services upon complaint from any 82 25 state agency adversely affected. 82 26 Sec. 129. Section 18.12, subsection 7, Code 2001, is 82 27 amended to read as follows: 82 28 7. Contract, with the approval of the executive council,82 29 for the repair, remodeling or, if the condition warrants, 82 30 demolition of all buildings and grounds of the state at the 82 31 seat of government and the institutions of the department of 82 32 human services and the department of corrections for which no 82 33 specific appropriation has been made, if the cost of repair, 82 34 remodeling or demolition will not exceed one hundred thousand 82 35 dollars when completed. If no specific appropriation has been 83 1 made, the proposed contract shall be submitted to the state 83 2 appeal board for approval. The cost of repair projects for 83 3 which no specific appropriation has been made shall be paid 83 4 fromthe fund provided in section 7D.29moneys in the state 83 5 treasury not otherwise appropriated. 83 6 Sec. 130. Section 18.12, subsection 9, Code 2001, is 83 7 amended to read as follows: 83 8 9. a. Lease all buildings and office space necessary to 83 9 carry out the provisions of this chapter or necessary for the 83 10 proper functioning of any state agency at the seat of 83 11 government. For state agencies at the seat of government, the 83 12 director may lease buildings and office space in Polk county 83 13 or in a county contiguous to Polk county. If no specific 83 14 appropriation has been made, the proposed lease shall be 83 15 submitted to theexecutive councilstate appeal board for 83 16 approval. The cost of any lease for which no specific 83 17 appropriation has been made shall be paid fromthe fund83 18provided in section 7D.29moneys in the state treasury not 83 19 otherwise appropriated. 83 20 b. When the general assembly is not in session, the 83 21 director may request moneys from theexecutive councilstate 83 22 appeal board for moving state agencies located at the seat of 83 23 government from one location to another. The request may 83 24 include moving costs, telecommunications costs, repair costs, 83 25 or any other costs relating to the move. Theexecutive83 26councilstate appeal board may approve and shall pay the costs 83 27 fromfunds provided in section 7D.29moneys in the state 83 28 treasury not otherwise appropriated if it determines the 83 29 agency or department has no available funds for these 83 30 expenses. 83 31 c. Coordinate the leasing of buildings and office space by 83 32 state agencies throughout the state and develop cooperative 83 33 relationships with the state board of regents in order to 83 34 promote the colocation of state agencies. 83 35 Sec. 131. Section 18.12, subsection 12, Code 2001, is 84 1 amended to read as follows: 84 2 12. With the authorization of a constitutional majority of 84 3 each house of the general assembly and approval by the 84 4 governor, dispose of real property belonging to the state and 84 5 its state agencies upon terms, conditions, and consideration 84 6 as the director may recommend. If real estate subject to sale 84 7 under this subsection has been purchased or acquired from 84 8 appropriated funds, the proceeds of the sale shall be 84 9 deposited with the treasurer of state and credited to the 84 10 general fund of the state or other fund from which 84 11 appropriated. There is appropriated from that same fund,with84 12the prior approval of the executive council andin cooperation 84 13 with thedirectoradministrator, a sum equal to the proceeds 84 14 so deposited and credited to the state agency to which the 84 15 disposed property belonged or by which it was used, for 84 16 purposes of the state agency. 84 17 Sec. 132. Section 18.95, Code 2001, is amended to read as 84 18 follows: 84 19 18.95 OLD CODES. 84 20 The state printingadministratorbureau chief may 84 21 distribute to law enforcement officers and other persons in 84 22 theadministrator'sbureau chief's discretion all Codes and 84 23 Code Supplements which have been supplanted by a newly issued 84 24 Code, and all session laws which antedate the publication of 84 25 the last issued Code by at least four years. However, the 84 26administratorbureau chief shall maintain in reserve a number 84 27 of copies of each publication as may be fixed by the director. 84 28The reserve, when fixed, shall not be distributed except on84 29the order of the executive council.Requests for publications 84 30 shall be handled upon receipt of postage by theadministrator84 31 bureau chief. However, county officials requesting 84 32 publications under this section shall not be required to pay 84 33 postage. 84 34 Sec. 133. Section 18.119, unnumbered paragraph 2, Code 84 35 2001, is amended to read as follows: 85 1 At the end of each month the state fleetadministrator85 2 bureau chief shall render a statement to each state department 85 3 or agency thereof for the actual cost of operation of all 85 4 motor vehicles assigned to such department or agency, together 85 5 with a fair proportion of the cost of administration of the 85 6 state fleetadministrator'sbureau chief's office during such 85 7 month, as shall be determined by theadministrator, all85 8subject to review by the executive council upon complaint of85 9any state department or agency adversely affectedbureau 85 10 chief. Such expense shall be paid by the state departments or 85 11 agencies in the same manner as other expenses of such 85 12 department are paid, and when such cost of operation and 85 13 administration is paid by the department, such sum shall be 85 14 credited to the state fleetadministratorbureau chief 85 15 revolving fund. If any surplus accrues to said revolving fund 85 16 in excess of twenty-five thousand dollars for which there is 85 17 no anticipated need or use, the governor may order such 85 18 surplus turned over to the general fund of the state. 85 19 Sec. 134. Section 19A.32, Code Supplement 2001, is amended 85 20 to read as follows: 85 21 19A.32 WORKERS' COMPENSATION CLAIMS. 85 22 The director shall employ appropriate staff to handle and 85 23 adjust claims of state employees for workers' compensation 85 24 benefits pursuant to chapters 85, 85A, 85B, and 86, orwith85 25the approval of the executive councilcontract for the 85 26 services or purchase workers' compensation insurance coverage 85 27 for state employees or selected groups of state employees. A 85 28 state employee workers' compensation fund is established to 85 29 pay state employee workers' compensation claims and 85 30 administrative costs. The department shall establish a rating 85 31 formula and assess premiums to all agencies, departments, and 85 32 divisions of the state including those which have not received 85 33 an appropriation for the payment of workers' compensation 85 34 insurance and which operate from moneys other than from the 85 35 general fund of the state. The department shall collect the 86 1 premiums and deposit them into the state employee workers' 86 2 compensation fund. Notwithstanding section 8.33, moneys 86 3 deposited in the state employee workers' compensation fund 86 4 shall not revert to the general fund of the state at the end 86 5 of any fiscal year, but shall remain in the state employee 86 6 workers' compensation fund and be continuously available to 86 7 pay state employee workers' compensation claims. The director 86 8 may, to the extent practicable, contract with a private 86 9 organization to handle the processing and payment of claims 86 10 and services rendered under the provisions of this section. 86 11 Sec. 135. NEW SECTION. 24A.1 STATE APPEAL BOARD – 86 12 COMPROMISE OF CLAIMS. 86 13 The state appeal board, on a written report to it by the 86 14 attorney general together with the attorney general's opinion 86 15 as to the legal effect of the facts, may determine the terms 86 16 on which claims of doubtful equity or collectibility, and in 86 17 favor of the state, may be compromised and settled with all or 86 18 any of the parties thereto. Such terms may be withdrawn prior 86 19 to acceptance, or in case the debtor fails to comply therewith 86 20 within a reasonable time. The attorney general shall have 86 21 full authority to execute all papers necessary to effect any 86 22 such settlement. 86 23 Sec. 136. NEW SECTION. 24A.2 STATE APPEAL BOARD – COURT 86 24 COSTS. 86 25 If sufficient funds for court costs have not been 86 26 appropriated to a state department, or if sufficient funds are 86 27 not otherwise available for such purposes within the budget of 86 28 a state department, the state appeal board may pay, out of any 86 29 money in the state treasury not otherwise appropriated, 86 30 expenses incurred, or costs taxed to the state, in any 86 31 proceeding brought by or against any of the state departments 86 32 or in which the state is a party or is interested. This 86 33 section shall not be construed to authorize the payment of 86 34 travel or other personal expenses of state officers or 86 35 employees. 87 1 Sec. 137. NEW SECTION. 24A.3 STATE APPEAL BOARD – 87 2 ALLOCATION TO MANURE STORAGE INDEMNITY FUND. 87 3 If moneys are not sufficient to support the manure storage 87 4 indemnity fund as provided in chapter 455J, the state appeal 87 5 board may allocate from moneys in the general fund of the 87 6 state, which are not otherwise obligated or encumbered, an 87 7 amount to the manure storage indemnity fund as provided under 87 8 section 455J.2. However, not more than a total of one million 87 9 dollars shall be allocated to the manure storage indemnity 87 10 fund at any time. 87 11 Sec. 138. Section 28D.6, subsection 3, Code 2001, is 87 12 amended to read as follows: 87 13 3. Employees who are detailed to the receiving agency 87 14 shall not by virtue of such detail be considered to be 87 15 employees thereof, except as provided in subsection 4. The 87 16 supervision of the duties of such employees, as well as the 87 17 contribution of each agency to the salary or wage of such 87 18 employees during the period of detail, may be governed by 87 19 agreement between the sending agency and the receiving agency. 87 20 The agreement shall be subject to the approval of the 87 21executive councildirector of the department of administrative 87 22 services for state participation and the local governing body 87 23 in the case of an agreement involving a political subdivision 87 24 of the state. 87 25 Sec. 139. Section 29A.27, unnumbered paragraph 8, Code 87 26 Supplement 2001, is amended to read as follows: 87 27 All payments herein provided for shall be paid on the 87 28 approval of the adjutant general from the contingent fund of 87 29 theexecutive councilstate appeal board. 87 30 Sec. 140. Section 29A.57, subsection 2, Code 2001, is 87 31 amended to read as follows: 87 32 2. The board may acquire land or real estate by purchase, 87 33 contract for purchase, gift, or bequest and acquire, own, 87 34 contract for the construction of, erect, purchase, maintain, 87 35 alter, operate, and repair installations and facilities of the 88 1 Iowa national guard and the Iowa air national guard when funds 88 2 for the installations and facilities are made available by the 88 3 federal government, the state of Iowa, municipalities, 88 4 corporations or individuals. The title to the property so 88 5 acquired shall be taken in the name of the state of Iowa and 88 6 the real estate may be sold or exchanged by theexecutive88 7councildepartment of administrative services, upon 88 8 recommendation of the board, when it is no longer needed for 88 9 the purpose for which it was acquired. Income or revenue 88 10 derived from the sale of the real estate shall be credited to 88 11 the national guard facilities improvement fund and used for 88 12 the purposes specified in section 29A.14, subsection 2. 88 13 Sec. 141. Section 29A.57, subsection 7, Code 2001, is 88 14 amended to read as follows: 88 15 7. There is no liability to the state of Iowa under this 88 16 section. Members of the armory board and employees of the 88 17state executive councildepartment of administrative services 88 18 shall not be held to any personal or individual liability for 88 19 any action taken by them under this chapter. 88 20 Sec. 142. Section 29C.20, Code 2001, is amended to read as 88 21 follows: 88 22 29C.20 CONTINGENT FUND – DISASTER AID. 88 23 1. A contingent fund is created in the state treasury for 88 24 the use of theexecutive councilstate appeal board which may 88 25 be expended for the purpose of paying the expenses of 88 26 suppressing an insurrection or riot, actual or threatened, 88 27 when state aid has been rendered by order of the governor, and 88 28 for repairing, rebuilding, or restoring state property 88 29 injured, destroyed, or lost by fire, storm, theft, or 88 30 unavoidable cause, and for repairing, rebuilding, or restoring 88 31 state property which is fiberoptic cable and which is injured 88 32 or destroyed by a wild animal, and for aid to any governmental 88 33 subdivision in an area declared by the governor to be a 88 34 disaster area due to natural disasters or to expenditures 88 35 necessitated by the governmental subdivision toward averting 89 1 or lessening the impact of the potential disaster, where the 89 2 effect of the disaster or action on the governmental 89 3 subdivision is the immediate financial inability to meet the 89 4 continuing requirements of local government. Upon application 89 5 by a governmental subdivision in such an area, accompanied by 89 6 a showing of obligations and expenditures necessitated by an 89 7 actual or potential disaster in a form and with further 89 8 information theexecutive councilstate appeal board requires, 89 9 the aid may be made in the discretion of theexecutive council89 10 state appeal board and, if made, shall be in the nature of a 89 11 loan up to a limit of seventy-five percent of the showing of 89 12 obligations and expenditures. The loan, without interest, 89 13 shall be repaid by the maximum annual emergency levy 89 14 authorized by section 24.6, or by the appropriate levy 89 15 authorized for a governmental subdivision not covered by 89 16 section 24.6. The aggregate total of loans shall not exceed 89 17 one million dollars during a fiscal year. A loan shall not be 89 18 for an obligation or expenditure occurring more than two years 89 19 previous to the application. 89 20 When a state department or agency requests that moneys from 89 21 the contingent fund be expended to repair, rebuild, or restore 89 22 state property injured, destroyed, or lost by fire, storm, 89 23 theft, or unavoidable cause, or to repair, rebuild, or restore 89 24 state property which is fiberoptic cable and which is injured 89 25 or destroyed by a wild animal, theexecutive councilstate 89 26 appeal board shall consider the original source of the funds 89 27 for acquisition of the property before authorizing the 89 28 expenditure. If the original source was other than the 89 29 general fund of the state, the department or agency shall be 89 30 directed to utilize moneys from the original source if 89 31 possible. Theexecutive councilstate appeal board shall not 89 32 authorize the repairing, rebuilding, or restoring of the 89 33 property from the disaster aid contingent fund if it 89 34 determines that moneys from the original source are available 89 35 to finance the project. 90 1 2. The proceeds of such loan shall be applied toward the 90 2 payment of costs and obligations necessitated by such actual 90 3 or potential disaster and the reimbursement of local funds 90 4 from which such expenditures have been made. Any such project 90 5 for repair, rebuilding or restoration of state property for 90 6 which no specific appropriation has been made, shall, before 90 7 work is begun, be subject to approval or rejection by the 90 8executive councilstate appeal board. 90 9 3. If the president of the United States, at the request 90 10 of the governor, has declared a major disaster to exist in 90 11 this state, theexecutive councilstate appeal board may make 90 12 financial grants to meet disaster-related necessary expenses, 90 13 serious needs, or hazard mitigation projects of local 90 14 governments and eligible private nonprofit agencies adversely 90 15 affected by the major disaster if those expenses or needs 90 16 cannot otherwise be met from other means of assistance. The 90 17 amount of the grant shall not exceed ten percent of the total 90 18 eligible expenses and is conditional upon the federal 90 19 government providing at least seventy-five percent for public 90 20 assistance grants and at least fifty percent for hazard 90 21 mitigation grants of the eligible expenses. 90 22 4. If the president, at the request of the governor, has 90 23 declared a major disaster to exist in this state, the 90 24executive councilstate appeal board may make financial grants 90 25 to meet disaster-related necessary expenses or serious needs 90 26 of individuals or families adversely affected by a major 90 27 disaster which cannot otherwise adequately be met from other 90 28 means of assistance. The amount of a financial grant shall 90 29 not exceed the maximum federal authorization in the aggregate 90 30 to an individual or family in any single major disaster 90 31 declared by the president. All grants authorized to 90 32 individuals and families will be subject to the federal 90 33 government providing no less than seventy-five percent of each 90 34 grant and the declaration of a major disaster in the state by 90 35 the president of the United States. 91 1 5. If the president, at the request of the governor, has 91 2 declared a major disaster to exist in this state, the 91 3executive councilstate appeal board may lease or purchase 91 4 sites and develop such sites to accommodate temporary housing 91 5 units for disaster victims. 91 6 6. For the purposes of this section, "governmental 91 7 subdivision" means any political subdivision of this state. 91 8 Sec. 143. Section 43.73, unnumbered paragraph 1, Code 91 9 2001, is amended to read as follows: 91 10 Not less than sixty-nine days before the general election 91 11 the state commissioner shall certify to each commissioner, 91 12 under separate party headings, the name of each person 91 13 nominated as shown by the official canvass made by the 91 14executive councilstate canvassing board as described in 91 15 section 50.37, or as certified to the state commissioner by 91 16 the proper persons when any person has been nominated by a 91 17 convention or by a party committee, or by petition, the office 91 18 to which the person is nominated, and the order in which 91 19 federal and state offices, judges, constitutional amendments, 91 20 and state public measures shall appear on the official ballot. 91 21 Sec. 144. Section 50.37, Code 2001, is amended to read as 91 22 follows: 91 23 50.37 STATE CANVASSING BOARD. 91 24 Theexecutive council shall constitute a board of91 25canvassers ofstate canvassing board shall canvass all 91 26 abstracts of votes required to be filed with the state 91 27 commissioner, except for the offices of governor and 91 28 lieutenant governor. Any clerical error found by the 91 29 secretary of state or state board of canvassers shall be 91 30 corrected by the county commissioner in a letter addressed to 91 31 the state board of canvassers. For purposes of this chapter, 91 32 the state canvassing board shall consist of the governor, 91 33 secretary of state, auditor of state, treasurer of state, and 91 34 secretary of agriculture. 91 35 Sec. 145. Section 67.3, Code 2001, is amended to read as 92 1 follows: 92 2 67.3 REFUSAL TO OBEY SUBPOENA – FEES. 92 3 If any witness, duly subpoenaed, refuses to obey said 92 4 subpoena, or refuses to testify, said commission shall certify 92 5 said fact to the district court of the county where the 92 6 investigation is being had and said court shall proceed with 92 7 said witness in the same manner as though said refusal had 92 8 occurred in a legal proceeding before said court or judge. 92 9 Witnesses shall be paid in the manner provided for 92 10 witnessesbefore the executive councilin section 66.28 and 92 11 from the same appropriation. 92 12 Sec. 146. Section 67.5, subsection 2, Code 2001, is 92 13 amended by striking the subsection. 92 14 Sec. 147. Section 72.2, Code 2001, is amended to read as 92 15 follows: 92 16 72.2EXECUTIVE COUNCILGOVERNOR MAY AUTHORIZE 92 17 INDEBTEDNESS. 92 18 Nothing herein contained shall prevent the incurring of an 92 19 indebtedness on account of support funds for state 92 20 institutions, upon the prior written direction of the 92 21executive councilgovernor, specifying the items and amount of 92 22 such indebtedness to be increased, and the necessity therefor. 92 23 Sec. 148. Section 74.1, subsection 3, Code 2001, is 92 24 amended to read as follows: 92 25 3. The procedures of this chapter also apply to the 92 26 issuance of anticipatory warrants by the state under section 92 277D.812.26A. 92 28 Sec. 149. Section 75.8, Code 2001, is amended to read as 92 29 follows: 92 30 75.8 SALE OF STATE BONDS. 92 31 All contracts for the sale of bonds issued by the state 92 32 shall be subject to the approval of theexecutive council92 33 governor. 92 34 Sec. 150. Section 86.8, unnumbered paragraph 2, Code 2001, 92 35 is amended to read as follows: 93 1 Subject to the approval of the director of the department 93 2 of workforce development, the commissioner may enter into 93 3 contracts with any state agency, with or without 93 4 reimbursement, for the purpose of obtaining the services, 93 5 facilities, and personnel of the agency and with the consent 93 6 of any state agency or political subdivision of the state, 93 7 accept and use the services, facilities, and personnel of the 93 8 agency or political subdivision, and employ experts and 93 9 consultants or organizations in order to expeditiously, 93 10 efficiently, and economically effectuate the purposes of this 93 11 chapter.The agreements under this paragraph are subject to93 12approval by the executive council if approval is required by93 13law.93 14 Sec. 151. Section 88.2, subsection 4, Code 2001, is 93 15 amended to read as follows: 93 16 4. Subject to the approval of the director of the 93 17 department of workforce development, the labor commissioner 93 18 may enter into contracts with any state agency, with or 93 19 without reimbursement, for the purpose of obtaining the 93 20 services, facilities, and personnel of the agency, and with 93 21 the consent of any state agency or any political subdivision 93 22 of the state, accept and use the services, facilities, and 93 23 personnel of the agency or political subdivision, and employ 93 24 experts and consultants or organizations, in order to 93 25 expeditiously, efficiently, and economically effectuate the 93 26 purposes of this chapter.The agreements under this93 27subsection are subject to approval of the executive council if93 28approval is required by law.93 29 Sec. 152. Section 96.13, subsection 3, paragraph c, Code 93 30 2001, is amended to read as follows: 93 31 c. The department may appear before theexecutive council93 32 state appeal board and request funds to meet unanticipated 93 33 emergencies. 93 34 Sec. 153. Section 97B.7A, subsection 5, as enacted by 2001 93 35 Iowa Acts, chapter 68, section 11, is amended to read as 94 1 follows: 94 2 5. TRAVEL. In the administration of the investment of 94 3 moneys in the retirement fund, employees of the division and 94 4 members of the board may travel outside the state for the 94 5 purpose of meeting with investment firms and consultants and 94 6 attending conferences and meetings to fulfill their fiduciary 94 7 responsibilities.This travel is not subject to section94 8421.38, subsection 2.94 9 Sec. 154. Section 123.8, Code 2001, is amended to read as 94 10 follows: 94 11 123.8 SURETY BONDS. 94 12 Each commission member shall post a bond, at the expense of 94 13 the state, in an amount and with sureties as theexecutive94 14councilstate appeal board approves, to guarantee to the state 94 15 the proper handling and accounting of the moneys, merchandise, 94 16 and other properties as required in the administration of this 94 17 chapter. The administrator shall secure from all employees of 94 18 the division holding positions of trust a bond with sureties 94 19 as the alcoholic beverages commission approves adequate to 94 20 guarantee to the state the proper handling and accounting of 94 21 all moneys, merchandise, and other properties. 94 22 Sec. 155. Section 123.37, unnumbered paragraph 2, Code 94 23 2001, is amended to read as follows: 94 24 The administrator may compromise and settle doubtful and 94 25 disputed claims for taxes imposed under this chapter or for 94 26 taxes of doubtful collectibility, notwithstanding section7D.994 27 24A.1. The administrator may enter into informal settlements 94 28 pursuant to section 17A.10 to compromise and settle doubtful 94 29 and disputed claims for taxes imposed under this chapter. The 94 30 administrator may make a claim under a licensee's or 94 31 permittee's penal bond for taxes of doubtful collectibility. 94 32 Whenever a compromise or settlement is made, the administrator 94 33 shall make a complete record of the case showing the tax 94 34 assessed, reports and audits, if any, the licensee's or 94 35 permittee's grounds for dispute or contest, together with all 95 1 evidence of the dispute or contest, and the amounts, 95 2 conditions, and settlement or compromise of the dispute or 95 3 contest. 95 4 Sec. 156. Section 123.57, Code 2001, is amended to read as 95 5 follows: 95 6 123.57 EXAMINATION OF ACCOUNTS. 95 7 The financial condition and transactions of all offices, 95 8 departments, warehouses, and depots of the division shall be 95 9 examined at least once each year by the state auditor and at 95 10 shorter periods if requested by the administrator,or 95 11 governor, or executive council. 95 12 Sec. 157. Section 135.83, Code Supplement 2001, is amended 95 13 to read as follows: 95 14 135.83 CONTRACTS FOR ASSISTANCE WITH ANALYSES, STUDIES, 95 15 AND DATA. 95 16 In furtherance of the department's responsibilities under 95 17 sections 135.76 and 135.78, the director may contract with the 95 18 Iowa hospital association and third-party payers, the Iowa 95 19 health care facilities association and third-party payers, or 95 20 the Iowa association of homes for the aging and third-party 95 21 payers for the establishment of pilot programs dealing with 95 22 prospective rate review in hospitals or health care 95 23 facilities, or both. Such contractshall be subject to the95 24approval of the executive council andshall provide for an 95 25 equitable representation of health care providers, third-party 95 26 payers, and health care consumers in the determination of 95 27 criterion for rate review. No third-party payer shall be 95 28 excluded from positive financial incentives based upon volume 95 29 of gross patient revenues. No state or federal funds 95 30 appropriated or available to the department shall be used for 95 31 any such pilot program. 95 32 Sec. 158. Section 144.2, Code 2001, is amended to read as 95 33 follows: 95 34 144.2 DIVISION OF RECORDS AND STATISTICS. 95 35 There is established in the department a division for 96 1 records and statistics which shall install, maintain, and 96 2 operate the system of vital statistics throughout the state. 96 3 No system for the registration of births, deaths, fetal 96 4 deaths, adoptions, marriages, dissolutions, and annulments, 96 5 shall be maintained in the state or any of its political 96 6 subdivisions other than the one provided for in this chapter. 96 7 Suitable quarters shall be provided for the division by the 96 8executive councildepartment of administrative services at the 96 9 seat of government. The quarters shall be properly equipped 96 10 for the permanent and safe preservation of all official 96 11 records made and returned under this chapter. 96 12 Sec. 159. Section 147.102, Code 2001, is amended to read 96 13 as follows: 96 14 147.102 PSYCHOLOGISTS, CHIROPRACTORS, AND DENTISTS. 96 15 Notwithstanding the provisions of this subtitle, every 96 16 application for a license to practice psychology, 96 17 chiropractic, or dentistry shall be made directly to the 96 18 chairperson, executive director, or secretary of the examining 96 19 board of such profession, and every reciprocal agreement for 96 20 the recognition of any such license issued in another state 96 21 shall be negotiated by the examining board for such 96 22 profession. All examination, license, and renewal fees 96 23 received from persons licensed to practice any of such 96 24 professions shall be paid to and collected by the chairperson, 96 25 executive director, or secretary of the examining board of 96 26 such profession, who shall transmit the fees to the treasurer 96 27 of state for deposit into the general fund of the state. The 96 28 salary of the secretary shall be established by the governor 96 29with the approval of the executive councilpursuant to section 96 30 19A.9, subsection 2, under the pay plan for exempt positions 96 31 in the executive branch of government. 96 32 Sec. 160. Section 147.103A, subsection 4, Code 2001, is 96 33 amended to read as follows: 96 34 4. Applications for a license shall be made to the 96 35 chairperson, executive director, or secretary of the board. 97 1 All examination, license, and renewal fees shall be paid to 97 2 and collected by the chairperson, executive director, or 97 3 secretary of the board, who shall transmit the fees to the 97 4 treasurer of state for deposit in the general fund of the 97 5 state. The salary of the executive director of the board 97 6 shall be established by the governorwith approval of the97 7executive councilpursuant to section 19A.9, subsection 2, 97 8 under the pay plan for exempt positions in the executive 97 9 branch of government. 97 10 Sec. 161. Section 152.2, Code 2001, is amended to read as 97 11 follows: 97 12 152.2 EXECUTIVE DIRECTOR – ASSISTANTS. 97 13 The board shall appoint a full-time executive director. The 97 14 executive director shall be a registered nurse and shall not 97 15 be a member of the board. The governor,with the approval of97 16the executive councilpursuant to section 19A.9, subsection 2, 97 17 under the pay plan for exempt positions in the executive 97 18 branch of government, shall set the salary of the executive 97 19 director. 97 20 Sec. 162. Section 161E.14, unnumbered paragraph 2, Code 97 21 2001, is amended to read as follows: 97 22 The county auditor shall certify to theexecutive council97 23of the statedepartment of management the amounts allocated to 97 24 each school district in the previous year, on January 2 of 97 25 each year. The remaining ten percent of a payment received by 97 26 the county treasurer from the federal government, or as much 97 27 thereof as is deemed necessary by the board of supervisors, 97 28 shall be allocated to the local fire departments of the 97 29 unincorporated villages, townships, and cities of the county 97 30 which are principally affected by the federal flood control 97 31 project involved, to be paid and prorated among them as 97 32 determined by the board of supervisors. If the funds prorated 97 33 to local fire departments in a county are less than ten 97 34 percent of the total county share of such federal payments for 97 35 a year, the amount which exceeds the prorations shall revert 98 1 back to and be divided equally between the secondary road fund 98 2 and the local school district fund. 98 3 Sec. 163. Section 163.15, Code 2001, is amended to read as 98 4 follows: 98 5 163.15 INDEMNIFYING OWNER. 98 6 Whenever any animal is found to be infected with one of the 98 7 contagious diseases enumerated in section 163.2 or one which 98 8 has been designated by the department thereunder, if there be 98 9 no other provisions for indemnifying the owner in case the 98 10 same be condemned and ordered by the department to be killed, 98 11 and the secretary of agriculture determines that the existence 98 12 of said communicable disease constitutes a threat to the 98 13 general welfare or the public health of the inhabitants of the 98 14 state, the secretary shall formulate a program of eradication 98 15 including therein the condemnation and killing of the infected 98 16 animals; provided however, that said program shall not be put 98 17 into effect as hereinafter provided until the same has been 98 18 approved by theexecutive councilgovernor. 98 19 Any animal killed under such a program shall be appraised 98 20 by three competent and disinterested persons, one to be 98 21 appointed by the state department of agriculture and land 98 22 stewardship, one by the owner, and the third by the other two, 98 23 and it shall be their duty to appraise and report their 98 24 appraisal under oath to the department of agriculture and land 98 25 stewardship, and they shall receive such compensation and 98 26 expenses as shall be provided for in the program. Any claim 98 27 for indemnity filed by the owner of such animal or animals so 98 28 appraised shall not exceed the amount agreed upon by the 98 29 majority of the appraisers based on current market prices 98 30 except in the case of registered purebred stock, then the 98 31 amount payable for indemnity may exceed market prices by not 98 32 more than fifty percent less any indemnity which the owner 98 33 might be allowed from the United States department of 98 34 agriculture. No indemnity shall be allowed for infected 98 35 animals if it is determined by the department of agriculture 99 1 and land stewardship that such animals have been fed raw 99 2 garbage. Claims for indemnity and those filed by the 99 3 appraisers for compensation and expenses shall be filed with 99 4 the secretary of agriculture and submitted by the secretary to 99 5 theexecutive councilstate appeal board for its approval or 99 6 disapproval. There is appropriated from any funds in the 99 7 state treasury not otherwise appropriated sufficient funds to 99 8 carry out the provisions of this section. 99 9 Sec. 164. Section 163.51, subsection 4, Code Supplement 99 10 2001, is amended to read as follows: 99 11 4. a. To the extent that an animal's owner would not 99 12 otherwise be compensated, section 163.15 shall apply to the 99 13 owner's loss of any animal destroyed under this section. 99 14 b. Upon the request of theexecutive councilstate appeal 99 15 board, the department shall develop and submit a plan to the 99 16executive councilstate appeal board that compensates an owner 99 17 of property, other than an animal, that is inadvertently 99 18 destroyed by the department as a result of the department's 99 19 regulation of activities in a quarantined area. The plan 99 20 shall not be implemented without the approval of at least 99 21threetwo members of theexecutive councilstate appeal board. 99 22 The payment of the compensation under the plan shall be made 99 23 in the same manner as provided in section 163.15. The owner 99 24 may submit a claim for compensation prior to the plan's 99 25 implementation. Theexecutive councilstate appeal board may 99 26 apply the plan retroactively, but not earlier than June 1, 99 27 2001. 99 28 Sec. 165. Section 173.16, unnumbered paragraph 1, Code 99 29 Supplement 2001, is amended to read as follows: 99 30 All expenses incurred in maintaining the state fairgrounds 99 31 and in conducting the annual fair on it, including the 99 32 compensation and expenses of the officers, members, and 99 33 employees of the board, shall be recorded by the secretary and 99 34 paid from the state fair receipts, unless a specific 99 35 appropriation has been provided for that purpose. The board 100 1 may request special capital improvement appropriations from 100 2 the state and may request emergency funding from theexecutive100 3councilstate appeal board for natural disasters. The board 100 4 may request that the department of transportation provide 100 5 maintenance in accordance with section 307A.2, subsection 11. 100 6 Sec. 166. Section 173.19, Code 2001, is amended to read as 100 7 follows: 100 8 173.19 EXAMINATION OF FINANCIAL AFFAIRS. 100 9 The auditor of state shall annually examine and report to 100 10 theexecutive councilgovernor all financial affairs of the 100 11 board. 100 12 Sec. 167. Section 233A.6, Code 2001, is amended to read as 100 13 follows: 100 14 233A.6 VISITS. 100 15Members of the executive council, theThe governor, 100 16 lieutenant governor, secretary of state, auditor of state, 100 17 treasurer of state, secretary of agriculture, attorney 100 18 general,the lieutenant governor,members of the general 100 19 assembly, judges of the supreme and district court and court 100 20 of appeals, magistrates, county attorneys, and persons 100 21 ordained or designated as regular leaders of a religious 100 22 community are authorized to visit the state training school at 100 23 reasonable times. No other person shall be granted admission 100 24 except by permission of the superintendent. 100 25 Sec. 168. Section 257B.6, Code 2001, is amended to read as 100 26 follows: 100 27 257B.6 SALE WITHOUT APPRAISEMENT. 100 28 When the county board of supervisors has once offered for 100 29 sale school lands held under section 257B.1A in compliance 100 30 with the requirements of this chapter, and they remain unsold, 100 31 and it is unable to obtain the appraised value of the lands 100 32 and, in the opinion of the board, it is for the best interests 100 33 of the permanent school fund that the lands be sold for a less 100 34 price, it may instruct the auditor to transmit to the 100 35 secretary of state a certified copy of its proceedings in 101 1 relation to the order of sale of the land and subsequent 101 2 proceedings in relation to the sale, including the action of 101 3 the township trustees, and the price per acre at which the 101 4 land had been appraised. The secretary of state shall submit 101 5 the transcript of the proceedings to theexecutive council101 6 department of education; and if it approves of a sale at a 101 7 less sum, it shall certify the approval to the auditor of the 101 8 county from which the transcript came. The certificate shall 101 9 be recorded in the minute book of the board of supervisors, 101 10 and the land may again be offered and sold to the highest 101 11 bidder without again being appraised, after notice given as in 101 12 case of sales in the first instance. 101 13 Sec. 169. Section 257B.20, subsection 3, Code Supplement 101 14 2001, is amended to read as follows: 101 15 3. In savings accounts or in time deposits in Iowa banks 101 16 approved as depositories by theexecutive counciltreasurer of 101 17 state. 101 18 Sec. 170. Section 262.9, subsection 7, Code Supplement 101 19 2001, is amended to read as follows: 101 20 7. With the approval of theexecutive councilgovernor, 101 21 acquire real estate for the proper uses of said institutions, 101 22 and dispose of real estate belonging to said institutions when 101 23 not necessary for their purposes. A disposal of such real 101 24 estate shall be made upon such terms, conditions and 101 25 consideration as the board may recommend and subject to the 101 26 approval of theexecutive councilgovernor. If real estate 101 27 subject to sale hereunder has been purchased or acquired from 101 28 appropriated funds, the proceeds of such sale shall be 101 29 deposited with the treasurer of state and credited to the 101 30 general fund of the state. There is hereby appropriated from 101 31 the general fund of the state a sum equal to the proceeds so 101 32 deposited and credited to the general fund of the state to the 101 33 state board of regents which, with the prior approval of the 101 34executive councilgovernor, may be used to purchase other real 101 35 estate and buildings, and for the construction and alteration 102 1 of buildings and other capital improvements. All transfers 102 2 shall be by state patent in the manner provided by law. 102 3 Sec. 171. Section 262.9, subsection 17, Code Supplement 102 4 2001, is amended to read as follows: 102 5 17. In issuing bonds or notes under this chapter, chapter 102 6 262A, chapter 263A, or other provision of law, select and fix 102 7 the compensation for, through a competitive selection 102 8 procedure, attorneys, accountants, financial advisors, banks, 102 9 underwriters, insurers, and other employees and agents which 102 10 in the board's judgment are necessary to carry out the board's 102 11 intention. Prior to the initial selection, the board shall 102 12 establish a procedure which provides for a fair and open 102 13 selection process including, but not limited to, the 102 14 opportunity to present written proposals and personal 102 15 interviews. The board shall maintain a list of firms which 102 16 have requested to be notified of requests for proposal. The 102 17 selection criteria shall take into consideration, but are not 102 18 limited to, compensation, expenses, experience with similar 102 19 issues, scheduling, ability to provide the services of 102 20 individuals with specific knowledge in the relevant subject 102 21 matter and length of engagement. The board may waive the 102 22 requirements for a competitive selection procedure for any 102 23 specific employment upon adoption of a resolution of the board 102 24 stating why the waiver is in the public interest and shall 102 25 provide theexecutive councilgovernor with written notice of 102 26 the granting of any such waiver. 102 27 Sec. 172. Section 262.10, unnumbered paragraph 1, Code 102 28 2001, is amended to read as follows: 102 29 No sale or purchase of real estate shall be made save upon 102 30 the order of the board, made at a regular meeting, or one 102 31 called for that purpose, and then in such manner and under 102 32 such terms as the board may prescribe and only with the 102 33 approval of theexecutive councilgovernor. No member of the 102 34 board or any of its committees, offices or agencies nor any 102 35 officer of any institution, shall be directly or indirectly 103 1 interested in such purchase or sale. 103 2 Sec. 173. Section 262.67, Code 2001, is amended to read as 103 3 follows: 103 4 262.67 APPROVAL OFEXECUTIVE COUNCILGOVERNOR. 103 5 With the approval of theexecutive councilgovernor, the 103 6 board is hereby authorized to grant easements for rights of 103 7 way over, across, and under the surface of public lands under 103 8 its jurisdiction when in its judgment such easements are 103 9 desirable and will benefit the state of Iowa. 103 10 Sec. 174. Section 263B.8, Code 2001, is amended to read as 103 11 follows: 103 12 263B.8 CEMETERY FOR ANCIENT REMAINS. 103 13 The state archaeologist shall establish, with the approval103 14of the executive council,a cemetery on existing state lands 103 15 for the reburial of ancient human remains found in the state. 103 16 The cemetery shall not be open to the public. The state 103 17 archaeologist in co-operation with the department of natural 103 18 resources shall be responsible for co-ordinating interment in 103 19 the cemetery. 103 20 Sec. 175. Section 297.30, Code 2001, is amended to read as 103 21 follows: 103 22 297.30 PUBLIC SALE. 103 23 If the owner of the tract from which said site was taken 103 24 fails to pay the amount of such appraisement tosuch executive103 25councilthe treasurer of state within thirty days after the 103 26 filing of the same with the sheriff, theexecutive council103 27 treasurer of state may sell said site or building to any other 103 28 person at the appraised value, or may sell the same at public 103 29 sale to the highest bidder and the proceeds of such sale are 103 30 to be added to the permanent school fund of the state. 103 31 Sec. 176. Section 303.14, unnumbered paragraph 1, Code 103 32 2001, is amended to read as follows: 103 33 After archives have been received by the state archivist, 103 34 they shall not be removed from the state archivist's custody 103 35 without the state archivist's consent except in obedience to a 104 1 subpoena of a court of recordor a written order of the state104 2executive council. 104 3 Sec. 177. Section 307.45, unnumbered paragraph 3, Code 104 4 2001, is amended to read as follows: 104 5 Assessments against property owned by the state and not 104 6 under the jurisdiction and control of the department's 104 7 administrator of highways shall be made in the same manner as 104 8 those made against private property and payment shall be made 104 9 by theexecutive councilstate appeal board from any funds of 104 10 the state not otherwise appropriated. 104 11 Sec. 178. Section 313A.24, Code 2001, is amended to read 104 12 as follows: 104 13 313A.24 SALE OF EXCESS LAND TO POLITICAL SUBDIVISIONS. 104 14 If the department deems that any land, including 104 15 improvements thereon, is no longer required for toll bridge 104 16 purposes and that it is in the public interest, it may 104 17 negotiate for the sale of such land to the state or to any 104 18 city, county, or other political subdivision or municipal 104 19 corporation of the state. The department shall certify the 104 20 agreement for the sale to thestate executive council104 21 department of administrative services, with a description of 104 22 the land and the terms of the sale and thestate executive104 23councildepartment of administrative services may execute the 104 24 deed and deliver it to the grantee. 104 25 Sec. 179. Section 313A.26, Code 2001, is amended to read 104 26 as follows: 104 27 313A.26 ACCEPTANCE OR REJECTION OF BIDS. 104 28 The department may reject all such bids if the highest bid 104 29 does not equal the reasonable fair market value of the real 104 30 property, plus the value of the improvements thereon, computed 104 31 on the basis of the reproduction value less depreciation. The 104 32 department may accept the highest and best bid, and certify 104 33 the agreement for the sale to thestate executive council104 34 department of administrative services, with a description of 104 35 the land and the terms of the sale and thestate executive105 1councildepartment of administrative services shall execute 105 2 the deed and deliver it to the grantee. 105 3 Sec. 180. Section 357.27, Code 2001, is amended to read as 105 4 follows: 105 5 357.27 PUBLIC PROPERTY IN DISTRICT. 105 6 Whenever property of the state of Iowa, or any political 105 7 subdivision thereof, shall be included either wholly or in 105 8 part within such water district and shall own facilities which 105 9 may be used as a part of such water system, theexecutive105 10council,board of supervisors or city council, as the case may 105 11 be, may permit such use of said facilities for such 105 12 consideration and on such terms as may be agreed upon with the 105 13 board of trustees. 105 14 Sec. 181. Section 384.56, subsection 1, Code 2001, is 105 15 amended to read as follows: 105 16 1. Cities may assess the cost of a public improvement 105 17 which extends through, abuts upon, or is adjacent to lands 105 18 owned by the state, and theexecutive councilstate appeal 105 19 board shall pay the assessable portion of the cost of the 105 20 improvement through or along the lands as provided. The 105 21executive councilstate appeal board shall pay assessments as 105 22 provided in section 307.45. 105 23 Sec. 182. Section 384.56, subsection 3, Code 2001, is 105 24 amended to read as follows: 105 25 3. When any portion of the cost of a public improvement is 105 26 to be paid by the state under this section, the clerk shall, 105 27 at the time of publication of the notice required by section 105 28 384.50, mail a copy of the notice to thesecretary of the105 29executive councilstate appeal board. 105 30 Sec. 183. Section 421.5, Code 2001, is amended to read as 105 31 follows: 105 32 421.5 SETTLING DOUBTFUL CLAIMS FOR TAXES. 105 33 The director may compromise and settle doubtful and 105 34 disputed claims for taxes or refunds or tax liability of 105 35 doubtful collectibility notwithstanding the provisions of 106 1 section7D.924A.1. Whenever such a compromise and settlement 106 2 is made, the director shall make a complete record of the case 106 3 showing the tax assessed or claimed due, tax refund claimed, 106 4 recommendations, reports, and audits of departmental personnel 106 5 if any, the taxpayer's grounds for dispute or contest together 106 6 with all evidence thereof, and the amounts, conditions, and 106 7 settlement or compromise of same. 106 8 Sec. 184. Section 421.38, subsection 2, Code 2001, is 106 9 amended by striking the subsection. 106 10 Sec. 185. Section 441.73, Code 2001, is amended to read as 106 11 follows: 106 12 441.73 LITIGATION EXPENSE FUND. 106 13 1. A litigation expense fund is created in the state 106 14 treasury. The litigation expense fund shall be used for the 106 15 payment of litigation expenses incurred by the state to defend 106 16 property valuations established by the director of revenue and 106 17 finance pursuant to section 428.24 and chapters 430A, 433, 106 18 434, 436, 437, 437A, and 438, and for the payment of 106 19 litigation expenses incurred by the state to defend the 106 20 imposition of replacement taxes and statewide property taxes 106 21 under chapter 437A. 106 22 2. If the director of revenue and finance determines that 106 23 foreseeable litigation expenses will exceed the amount 106 24 available from appropriations made to the department of 106 25 revenue and finance, the director of revenue and finance may 106 26 apply to theexecutive councilstate appeal board for use of 106 27 funds on deposit in the litigation expense fund. The initial 106 28 application for approval shall include an estimate of 106 29 potential litigation expenses, allocated to each of the next 106 30 four succeeding calendar quarters and substantiated by a 106 31 breakdown of all anticipated costs for legal counsel, expert 106 32 witnesses, and other applicable litigation expenses. 106 33 3. Theexecutive councilstate appeal board may approve 106 34 expenditures from the litigation expense fund on a quarterly 106 35 basis. Prior to each quarter, the director of revenue and 107 1 finance shall report to theexecutive councilstate appeal 107 2 board and give a full accounting of actual litigation expenses 107 3 to date as well as estimated litigation expenses for the 107 4 remaining calendar quarters of the fiscal year. Theexecutive107 5councilstate appeal board may adjust quarterly expenditures 107 6 from the litigation expense fund based on this information. 107 7 4. Theexecutive councilstate appeal board shall transfer 107 8 forthe fiscal year beginning July 1, 1992, andeach fiscal 107 9 yearthereafter, from funds established in sections 405A.8, 107 10 425.1, and 426.1, an amount necessary to pay litigation 107 11 expenses. The amount of the fund for each fiscal year shall 107 12 not exceed seven hundred thousand dollars. Theexecutive107 13councilstate appeal board shall determine annually the 107 14 proportionate amounts to be transferred from the three 107 15 separate funds. At any time when no litigation is pending or 107 16 in progress the balance in the litigation expense fund shall 107 17 not exceed one hundred thousand dollars. Any excess moneys 107 18 shall be transferred in a proportionate amount back to the 107 19 funds from which they were originally transferred. 107 20 Sec. 186. Section 450.6, unnumbered paragraph 2, Code 107 21 2001, is amended to read as follows: 107 22Upon the approval of the executive council, theThe tax 107 23 liability of a beneficiary, heir, surviving joint tenant or 107 24 other transferee may be paid, in lieu of money, in whole or in 107 25 part by the transfer of real property or tangible personal 107 26 property to the state or a political subdivision of the state 107 27 to be used for public purposes. Before the tax liability may 107 28 be paid by transfer of property to the state, the director of 107 29 revenue and finance shall approve the transfer. Before the 107 30 tax liability may be paid by transfer of property to a 107 31 political subdivision, the governing body of the political 107 32 subdivision shallalsoapprove the transfer. The property 107 33 transferred in payment of tax shall have been included in the 107 34 decedent's gross estate for inheritance tax purposes and its 107 35 value for the payment of the tax shall be the same as its 108 1 value for inheritance tax purposes.The acceptance or108 2rejection of the property in payment of the tax liability and108 3the value of the property shall be certified by the executive108 4council to the director of revenue and finance.The 108 5 acceptance of the property transferred acts as payment and 108 6 satisfaction of the inheritance tax liability to the extent of 108 7 the value of the transferred property, but notwithstanding any 108 8 other provision, the taxpayer is not entitled to a refund if 108 9 the transferred property has a value in excess of the tax 108 10 liability. 108 11 Sec. 187. Section 455A.10, Code 2001, is amended to read 108 12 as follows: 108 13 455A.10 STATE FISH AND GAME PROTECTION FUND – CAPITAL 108 14 PROJECTS AND CONTINGENCIES. 108 15 Funds remaining in the state fish and game protection fund 108 16 during a fiscal year which are not specifically appropriated 108 17 by the general assembly are appropriated and may be used for 108 18 capital projects and contingencies under the jurisdiction of 108 19 the fish and wildlife division arising during the fiscal year. 108 20 A contingency shall not include any purpose or project which 108 21 was presented to the general assembly by way of a bill or a 108 22 proposed bill and which failed to be enacted into law. For 108 23 the purpose of this section, a necessity of additional 108 24 operating funds may be construed as a contingency. Before any 108 25 of the funds authorized to be expended by this section are 108 26 allocated for contingencies, it shall be determined by the 108 27executive councilgovernor that a contingency exists and that 108 28 the contingency was not existent while the general assembly 108 29 was in session and that the proposed allocation shall be for 108 30 the best interests of the state. If a contingency arises or 108 31 could reasonably be foreseen during the time the general 108 32 assembly is in session, expenditures for the contingency must 108 33 be authorized by the general assembly. 108 34 Sec. 188. Section 455J.2, subsection 5, paragraphs b and 108 35 c, Code 2001, are amended to read as follows: 109 1 b. Theexecutive councilstate appeal board may allocate 109 2 moneys from the general fund of the state as provided in 109 3 section7D.10A24A.3 in an amount necessary to support the 109 4 fund, including payment of claims as provided in section 109 5 455J.5. However, an allocation of moneys from the general 109 6 fund of the state shall be made only if the amount of moneys 109 7 in the fund, which are not obligated or encumbered, and not 109 8 counting the department's estimate of the cost to the fund for 109 9 pending or unsettled claims and any amount required to be 109 10 credited to the general fund of the state under this 109 11 subsection, is less than one million dollars. 109 12 c. The department shall credit an amount to the general 109 13 fund of the state which is equal to an amount allocated to the 109 14 fund by theexecutive councilstate appeal board under 109 15 paragraph "b". The department shall credit the moneys to the 109 16 general fund of the state if the moneys in the fund which are 109 17 not obligated or encumbered, and not counting the department's 109 18 estimate of the cost to the fund for pending or unsettled 109 19 claims and any amount required to be transferred to the 109 20 general fund under this paragraph, are in excess of two 109 21 million five hundred thousand dollars. The department is not 109 22 required to credit the total amount to the general fund of the 109 23 state during any one fiscal year. 109 24 Sec. 189. Section 458A.21, unnumbered paragraph 1, Code 109 25 2001, is amended to read as follows: 109 26 The state, counties and cities and other political 109 27 subdivisions may lease publicly owned lands under their 109 28 respective jurisdictions for the purpose of oil or gas or 109 29 metallic minerals exploration and production. Any such leases 109 30 shall be entered into on behalf of the state by theexecutive109 31councildepartment of natural resources, on behalf of a county 109 32 by the board of supervisors, on behalf of a city by the 109 33 council and on behalf of another political subdivision by the 109 34 governing body. The leases shall be upon terms and conditions 109 35 as agreed upon. 110 1 Sec. 190. Section 461A.14, Code 2001, is amended to read 110 2 as follows: 110 3 461A.14 REVERSION OF GIFT. 110 4 If the lands transferred to the state as a gift, or if 110 5 lands purchased in whole or in part by the state from moneys 110 6 given for that purpose, shall be abandoned or sold and not 110 7 used for state park purposes, the donor shall reclaim the land 110 8 or funds donated by filing the donor's request in writing with 110 9 theexecutive councildepartment of natural resources within 110 10 six months of the time of the abandonment or sale by the state 110 11 of such lands, but no interest or other charge shall be 110 12 demanded of or paid by the state. Any unclaimed funds shall 110 13 be used for park purposes. 110 14 Sec. 191. Section 461A.15, Code 2001, is amended to read 110 15 as follows: 110 16 461A.15 USE OF PRIVATE FUNDS. 110 17 The commission may permit the improvement of parks, when 110 18 established, or the improvement of bodies of water, upon the 110 19 border of which such parks may be established, by the 110 20 expenditure of private funds, such improvement to be done, 110 21 however, under the direction of the commission, by and with110 22the consent of the executive council. 110 23 Sec. 192. Section 461A.18, Code 2001, is amended to read 110 24 as follows: 110 25 461A.18 JURISDICTION. 110 26 Jurisdiction over all meandered streams and lakes of this 110 27 state and of state lands bordering thereon, not now used by 110 28 some other state body for state purposes, is conferred upon 110 29 the commission. The exercise of this jurisdiction is subject 110 30 to the approval of the department in matters relating to or in 110 31 any manner affecting flood control. The commission, with the110 32approval of the executive council,may establish parts of the 110 33 property into state parks, and when so established all of the 110 34 provisions of this chapter relative to public parks apply to 110 35 the property. 111 1 Sec. 193. Section 461A.22, Code 2001, is amended to read 111 2 as follows: 111 3 461A.22 SURVEYS AND PLATS. 111 4 All surveys and plats shall be filed with thesecretary of111 5the executive councildepartment of natural resources, and 111 6 shall become public records of this state. 111 7 Sec. 194. Section 461A.25, unnumbered paragraph 1, Code 111 8 2001, is amended to read as follows: 111 9 The commission may recommend that theexecutive council111 10 department of natural resources lease property under the 111 11 commission's jurisdiction. All leases shall reserve to the 111 12 public of the state the right to enter upon the property 111 13 leased for any lawful purpose. The council may, if it 111 14 approves the recommendation and the lease to be entered into 111 15 is for five years or less, execute the lease in behalf of the 111 16 state and commission. If the recommendation is for a lease in 111 17 excess of five years, with the exception of agricultural lands 111 18 specifically dealt with in Article I, section 24, of the 111 19 Constitution of the State of Iowa, the council shall advertise 111 20 for bids. If a bid is accepted, the lease shall be let or 111 21 executed by the council in accordance with the most desirable 111 22 bid. The lease shall not be executed for a term longer than 111 23 fifty years. Any such leasehold interest, including any 111 24 improvements placed on it, shall be listed on the tax rolls as 111 25 provided in chapters 428 and 443; assessed and valued as 111 26 provided in chapter 441; taxes shall be levied on it as 111 27 provided in chapter 444 and collected as provided in chapter 111 28 445; and the leasehold interest is subject to tax sale, 111 29 redemption, and apportionment of taxes as provided in chapters 111 30 446, 447, and 448. The lessee shall discharge and pay all 111 31 taxes. 111 32 Sec. 195. Section 461A.31, Code 2001, is amended to read 111 33 as follows: 111 34 461A.31 SALE OF ISLANDS. 111 35 No islands in any of the meandered streams and lakes of 112 1 this state or in any of the waters bordering upon this state 112 2 shall hereafter be sold, except with the majority voteof the112 3executive council upon the majority recommendationof the 112 4 commission, and in the event any of such islands are sold as 112 5 herein provided the proceeds thereof shall become a part of 112 6 the funds to be expended under the terms and provisions of 112 7 this chapter. 112 8 Sec. 196. Section 461A.32, unnumbered paragraph 2, Code 112 9 2001, is amended to read as follows: 112 10 Upon request by resolution of any city or county or any 112 11 legal agency thereof, theexecutive councilcommission may,112 12upon majority recommendation of the commission,convey without 112 13 consideration to such city or county or legal agency thereof, 112 14 such public lands under the jurisdiction of the commission as 112 15 in its judgment may be desirable for city or county parks. 112 16 Conveyance shall be in the name of the state, with the great 112 17 seal of the state attached and shall contain a provision that 112 18 when such lands cease to be used as a public park by said city 112 19 or county such lands revert to the state, and such park shall, 112 20 within one year after such land has reverted to the state, be 112 21 restored, as nearly as possible, to the condition it was in 112 22 when acquired by such city, county or legal agency thereof at 112 23 the expense of such city, county or legal agency. 112 24 Sec. 197. Section 461A.34, Code 2001, is amended to read 112 25 as follows: 112 26 461A.34 POWERS IN MUNICIPALITIES. 112 27 Municipalities, or individuals, or corporations organized 112 28 for that purpose only, acting separately or in conjunction 112 29 with each other, may establish like parks outside the limits 112 30 of cities, and when established without the support of the 112 31 public state parks fund, the municipalities, corporations, or 112 32 persons establishing the same, as the case may be, shall have 112 33 control thereofindependently of the executive council; but 112 34 none of the said municipalities, individuals, or corporations, 112 35 acting under the provisions of this section shall establish, 113 1 maintain or operate any such park as herein contemplated for 113 2 pecuniary profit. 113 3 Sec. 198. Section 461A.59, Code 2001, is amended to read 113 4 as follows: 113 5 461A.59 POWERS IN MUNICIPALITIES. 113 6 Municipalities or corporations organized for that purpose 113 7 only, acting separately or in conjunction with each other in 113 8 counties not having a county conservation board, may establish 113 9 water recreational areas and when established without the 113 10 support of public funds of the state of Iowa, the 113 11 municipalities or corporations establishing the same, as the 113 12 case may be, shall have control thereofindependently of the113 13executive council. 113 14 Sec. 199. Section 461A.75, Code 2001, is amended to read 113 15 as follows: 113 16 461A.75 CONDEMNATION OF LAND. 113 17 Whenever a permit has been granted as provided in section 113 18 461A.70 and the commission finds that the municipality or 113 19 corporation owning such permit cannot acquire at a reasonable 113 20 cost any necessary land or interest therein, the commission,113 21with the approval of the executive council,may condemn such 113 22 land or interest therein as provided in chapter 6B. However, 113 23 such condemnation shall be limited to land and interests 113 24 therein which will be permanently subject to and available for 113 25 free public access and use, as provided in section 461A.71, or 113 26 which will be required for a dam or other facilities necessary 113 27 for the water recreational area. All costs of such 113 28 condemnation, including all costs occasioned by appeal as set 113 29 out in section 6B.33, and including the award and compensation 113 30 for such land or interest therein, shall be paid by such 113 31 municipality or corporation. The commission may permit such 113 32 municipality or corporation to use such land or interest 113 33 therein for the purposes of this division, upon such terms, 113 34 conditions and restrictions as the commission shall determine 113 35 to be just and proper and for free public access and use. 114 1 Title to such land or interest therein shall remain in the 114 2 state of Iowa. 114 3 Sec. 200. Section 468.43, unnumbered paragraph 4, Code 114 4 2001, is amended to read as follows: 114 5 The assessments against lands under the jurisdiction of the 114 6 department of natural resources shall be paid by theexecutive114 7councilstate appeal board upon certification of the amount by 114 8 the county treasurer. There is appropriated from any funds in 114 9 the general fund of the state not otherwise appropriated 114 10 amounts sufficient to pay the certified assessments. 114 11 Sec. 201. Section 468.220, unnumbered paragraph 2, Code 114 12 2001, is amended to read as follows: 114 13 In the case of lands lying within the beds of meandered 114 14 streams and border streams the permission shall be obtained 114 15 from the natural resource commission of the department of 114 16 natural resources. In the case of lands that are under the 114 17 control of no office or agency of the state, then the 114 18 permission shall be obtained from theexecutive council114 19 department of natural resources. 114 20 Sec. 202. Section 469A.1, Code 2001, is amended to read as 114 21 follows: 114 22 469A.1 CERTIFICATE OF CONVENIENCE AND NECESSITY. 114 23 It shall be unlawful for any person, firm, association, or 114 24 corporation to engage in the business of constructing, 114 25 maintaining, or operating within this state any hydroelectric 114 26 generating plant or project without first having obtained from 114 27 theexecutive council of Iowautilities board a certificate of 114 28 convenience and necessity declaring that the public 114 29 convenience and necessity require such construction, 114 30 maintenance, or operation. 114 31 Sec. 203. Section 469A.2, Code 2001, is amended to read as 114 32 follows: 114 33 469A.2 PUBLIC HEARING. 114 34 No certificate of convenience and necessity shall be issued 114 35 by theexecutive councilutilities board except after a public 115 1 hearing thereon. Theexecutive councilutilities board shall, 115 2 upon the filing of an application for such a certificate, fix 115 3 the time of the public hearing thereon and shall prescribe the 115 4 notice which shall be given by the applicant. Any interested 115 5 person, firm, association, corporation, municipality, state 115 6 board, or commission may intervene and participate in such 115 7 proceeding and at such hearing. 115 8 Sec. 204. Section 469A.3, Code 2001, is amended to read as 115 9 follows: 115 10 469A.3 PUBLIC WELFARE PROMOTED. 115 11 Before theexecutive councilutilities board shall issue a 115 12 certificate of convenience and necessity, it shall first be 115 13 satisfied that the public convenience and necessity will be 115 14 promoted thereby, that the applicant has the financial ability 115 15 to carry out the terms and conditions imposed, and the 115 16 applicant has in writing agreed to accept, abide by and comply 115 17 with such reasonable terms and conditions as the executive 115 18 council may require and impose. 115 19 Sec. 205. Section 469A.4, Code 2001, is amended to read as 115 20 follows: 115 21 469A.4 RULES IMPOSED. 115 22 Theexecutive councilutilities board shall prescribe such 115 23 rules as it may determine necessary for the administration of 115 24 the provisions of this chapter and may amend such rules at any 115 25 time. 115 26 Sec. 206. Section 469A.5, Code 2001, is amended to read as 115 27 follows: 115 28 469A.5 COSTS ADVANCED. 115 29 Theexecutive councilutilities board shall, upon the 115 30 filing of an application, require the applicant to deposit 115 31 with thesecretary of the executive councilutilities board 115 32 such amount as thecouncilutilities board shall determine, to 115 33 pay the expenses to be incurred by theexecutive council115 34 utilities board in its investigations and in conducting the 115 35 proceedings, and theexecutive councilutilities board may, 116 1 from time to time as it deems necessary, require the deposit 116 2 of additional amounts for such purpose. 116 3 Sec. 207. Section 469A.6, Code 2001, is amended to read as 116 4 follows: 116 5 469A.6 AMENDMENT OR REVOCATION. 116 6 Theexecutive councilutilities board may at any time for 116 7 just cause or upon the failure of the applicant to comply with 116 8 and to obey the terms and conditions attached to the issuance 116 9 of any certificate, or when the public convenience and 116 10 necessity demands, alter, amend, or revoke any certificate 116 11 issued under the provisions of this chapter. 116 12 Sec. 208. Section 469A.8, Code 2001, is amended to read as 116 13 follows: 116 14 469A.8 UNLAWFUL COMBINATION – RECEIVERSHIP. 116 15 The state may take possession of a dam for which a permit 116 16 has been issued under section 455B.275 through receivership 116 17 proceedings, if the dam becomes owned, leased, trusteed, 116 18 possessed, or controlled by a person in a manner constituting 116 19 an unlawful combination or trust, or if the dam is the subject 116 20 or part of the subject of an agreement to limit the output of 116 21 hydraulic or hydroelectric power derived from the dam for the 116 22 purpose of price fixing. The receivership proceedings must be 116 23 instituted by theexecutive councilutilities board, and shall 116 24 be conducted for the purpose of disposing of the dam for a 116 25 lawful use. The proceeds from the disposition shall be used 116 26 to reimburse the state for expenses incurred in the 116 27 receivership. The remaining proceeds shall be awarded to 116 28 persons found by the court to be entitled to the proceeds. 116 29 Sec. 209. Section 470.3, subsection 2, Code 2001, is 116 30 amended to read as follows: 116 31 2. A public agency or a person preparing a life cycle cost 116 32 analysis for a public agency shall consider the methods and 116 33 analytical models provided by the department and available 116 34 through the commissioner, which are suited to the purpose for 116 35 which the project is intended. Within sixty days of final 117 1 selection of a design architect or engineer, a public agency, 117 2 which is also a state agency under section7D.348A.106, shall 117 3 notify the commissioner and the department of the methodology 117 4 to be used to perform the life cycle cost analysis, on forms 117 5 provided by the department. 117 6 Sec. 210. Section 470.7, Code 2001, is amended to read as 117 7 follows: 117 8 470.7 LIFE CYCLE COST ANALYSIS – APPROVAL. 117 9 The public agency responsible for the new construction or 117 10 renovation of a public facility shall submit a copy of the 117 11 life cycle cost analysis for review by the commissioner who 117 12 shall consult with the department. If the public agency is 117 13 also a state agency under section7D.348A.106, comments by 117 14 the department or the commissioner, including any 117 15 recommendation for changes in the analysis, shall, within 117 16 thirty days of receipt of the analysis, be forwarded in 117 17 writing to the public agency. If either the department or the 117 18 commissioner disagrees with any aspects of the life cycle cost 117 19 analysis, the public agency affected shall timely respond in 117 20 writing to the commissioner and the department. The response 117 21 shall indicate whether the agency intends to implement the 117 22 recommendations and, if the agency does not intend to 117 23 implement them, the public agency shall present its reasons. 117 24 The reasons may include, but are not limited to, a description 117 25 of the purpose of the facility or renovation, preservation of 117 26 historical architectural features, architectural and site 117 27 considerations, and health and safety concerns. 117 28 Within thirty days of receipt of the response of the public 117 29 agency affected, the department, the commissioner, or both, 117 30 shall notify in writing the public agency affected of the 117 31 department's, the commissioner's, or both's agreement or 117 32 disagreement with the response. In the event of a 117 33 disagreement, the department, the commissioner, or both, shall 117 34 at the same time transmit the notification of disagreement 117 35 with response and related papers to theexecutive council118 1 department of administrative services for resolution pursuant 118 2 to section7D.348A.106. The life cycle cost analysis 118 3 process, including submittal and approval, and implementation 118 4 exemption requests pursuant to section 470.8, shall be 118 5 completed prior to the letting of contracts for the 118 6 construction or renovation of a facility. 118 7 Sec. 211. Section 473.12, subsection 2, Code 2001, is 118 8 amended to read as follows: 118 9 2. The department may, pursuant to section7D.348A.106, 118 10 reduce the cost of financing for implementation of the energy 118 11 conservation measures identified, through funds deposited in 118 12 the state of Iowa facilities improvement corporation 118 13 established by the department. In order for the state board 118 14 of regents to receive financing under section7D.348A.106, 118 15 the department shall require completion of an energy 118 16 management plan, including an energy audit and a comprehensive 118 17 engineering analysis. 118 18 Sec. 212. Section 473.13, subsection 2, Code 2001, is 118 19 amended to read as follows: 118 20 2. The department may, pursuant to section7D.348A.106, 118 21 reduce the cost of financing for implementation of the energy 118 22 conservation measures identified, through funds deposited in 118 23 the state of Iowa facilities improvement corporation 118 24 established by the department. In order for the state 118 25 department of transportation to receive financing, the 118 26 department shall require completion of an energy management 118 27 plan, including an energy audit and a comprehensive 118 28 engineering analysis. 118 29 Sec. 213. Section 491.10, Code 2001, is amended to read as 118 30 follows: 118 31 491.10 INTERPRETATIVE CLAUSE. 118 32 Nothing in sections 491.5 to491.9491.8 shall be construed 118 33 as repealing or modifying any statute now in force in respect 118 34 to the approval of articles of incorporation relating to 118 35 insurance companies, building and loan associations, or 119 1 investment companies. 119 2 Sec. 214. Section 491.107, unnumbered paragraph 2, Code 119 3 2001, is amended to read as follows: 119 4 The procedure set forth in sections 491.6 to491.9491.8 of 119 5 this chapter shall be applicable to the filing of articles of 119 6 consolidation or merger. 119 7 Sec. 215. Section 492.2, Code 2001, is amended to read as 119 8 follows: 119 9 492.2 EFFECT OF VIOLATION. 119 10 Any certificate of stock issued, delivered, or transferred 119 11 in violation of section 492.1 when the corporation has not 119 12 received payment therefor at par in money or property at a 119 13 valuation approved by theexecutive counciltreasurer of 119 14 state, shall be void, and the issuance, delivery, or transfer 119 15 of each certificate shall be considered a separate 119 16 transaction. 119 17 Sec. 216. Section 492.6, unnumbered paragraph 1, Code 119 18 2001, is amended to read as follows: 119 19 If it is proposed to pay for said capital stock in property 119 20 or in any other thing than money, the corporation proposing 119 21 the same must, before issuing capital stock in any form, apply 119 22 to theexecutive counciltreasurer ofthestate for leave so 119 23 to do. Such application shall state the amount of capital 119 24 stock proposed to be issued for a consideration other than 119 25 money, and set forth specifically the property or other thing 119 26 to be received in payment for such stock, providing that the 119 27 foregoing provision shall not apply to trust companies or 119 28 insurance companies organized under the laws of this state. 119 29 Sec. 217. Section 492.7, Code 2001, is amended to read as 119 30 follows: 119 31 492.7EXECUTIVE COUNCILTREASURER TO FIX AMOUNT. 119 32 Theexecutive counciltreasurer of state or the 119 33 commissioner of insurance as the case may be, shall make 119 34 investigation, under such rules as it may prescribe, and 119 35 ascertain the real value of the property or other thing which 120 1 the corporation is to receive for the stock. It shall enter 120 2 its finding, fixing the value at which the corporation may 120 3 receive the same in payment for capital stock; and no 120 4 corporation shall issue capital stock for the said property or 120 5 thing in a greater amount than the value so fixed. 120 6 Sec. 218. Section 497.13, Code 2001, is amended to read as 120 7 follows: 120 8 497.13 ISSUE OF SHARES AS PAYMENT. 120 9 Whenever an association created under this chapter shall 120 10 purchase the business of another association, person, or 120 11 persons, it may pay for the same in whole or in part by 120 12 issuing to the selling association or person shares of its 120 13 capital stock to an amount, which at fair market value as 120 14 determined by theexecutive counciltreasurer of state, would 120 15 equal the fair market value of the business so purchased as 120 16 determined by theexecutive counciltreasurer of state as in 120 17 cases of other corporations. 120 18 Sec. 219. Section 509A.5, unnumbered paragraph 2, Code 120 19 2001, is amended to read as follows: 120 20 Any interest earnings from investments or time deposits of 120 21 the funds under the control of thestate executive council120 22 governor shall be deposited to the credit of these funds. 120 23 Sec. 220. Section 509A.11, subsection 1, Code 2001, is 120 24 amended to read as follows: 120 25 1. "Governing body" means theexecutive council of the120 26stategovernor, the school boards of school districts, and the 120 27 superintendent or other person in charge of an institution 120 28 supported in whole or in part by public funds. 120 29 Sec. 221. Section 534.515, subsection 2, Code 2001, is 120 30 amended to read as follows: 120 31 2. STATEMENT OF RESOURCES, LIABILITIES, AND PLAN. Every 120 32 such unincorporated organization, association, society, 120 33 partnership, or individual conducting and carrying on the 120 34 business defined in this section shall, before transacting any 120 35 business in this state, submit to theexecutive council121 1 superintendent a full and complete sworn statement of the 121 2 resources and liabilities of such organization, association, 121 3 society, partnership, or individual, and of the proposed plan 121 4 or method of doing business. 121 5 Sec. 222. Section 534.515, subsection 6, Code 2001, is 121 6 amended to read as follows: 121 7 6. APPROVAL – CERTIFICATE OF AUTHORITY. If theexecutive121 8councilsuperintendent approves the plan or method of business 121 9 of such a building and loan association, it shall endorse its 121 10 approval upon the statement of the resources and liabilities 121 11 and plan of business presented to it, and the statement shall 121 12 be filed in the office of the superintendent, who shall issue 121 13 a certificate to the building and loan association to transact 121 14 business within the state, if the association has deposited 121 15 with the superintendent the mortgages and securities required 121 16 by the other provisions of this chapter. 121 17 Sec. 223. Section 534.515, subsection 13, Code 2001, is 121 18 amended to read as follows: 121 19 13. REVOCATION OF CERTIFICATE – RECEIVER. If any such 121 20 building and loan association holding a certificate of 121 21 authority to transact business within this state issued by the 121 22 superintendent as provided in this chapter, shall violate any 121 23 of the provisions of this chapter, or shall fail to deposit 121 24 with the superintendent such further amount of mortgages or 121 25 securities as the superintendent may require under this 121 26 chapter, the superintendent shall at once revoke the 121 27 certificate and notify theexecutive councilsuperintendent of 121 28 its revocation; and under the direction of theexecutive121 29councilsuperintendent, application shall be made by the 121 30 attorney general to the proper court for the appointment of a 121 31 receiver to wind up the affairs of the association. In the 121 32 proceedings the amount due from the borrowing members or 121 33 persons making periodical payments upon contracts or mortgages 121 34 given by them shall be ascertained in the manner provided in 121 35 section 534.405; and the amount owing upon mortgages or 122 1 contracts from members of the association or persons making 122 2 periodical payments to it, shall be treated and considered as 122 3 due and payable within a reasonable time, to be fixed by the 122 4 court after the appointment of a receiver. 122 5 Sec. 224. Section 568.8, Code 2001, is amended to read as 122 6 follows: 122 7 568.8 CONTRACT FOR SURVEY. 122 8 The secretary of state shall make a contract with some 122 9 surveyor for making such survey; the surveyor to furnish all 122 10 the chainpersons and other attendants and pay all necessary 122 11 expenses, which contract before it becomes binding shall be122 12submitted to and approved by the executive council. 122 13 Sec. 225. Section 568.11, Code 2001, is amended to read as 122 14 follows: 122 15 568.11 LEASE AUTHORIZED – LANDS READVERTISED – SALE. 122 16 If no application is filed for the purchase of the land 122 17 within the sixty-day period by a bona fide occupant, and if no 122 18 bids are received for the purchase thereof, on or before the 122 19 date of the sale as advertised, then the secretary of state is 122 20 authorized to lease the land for a period of from one to five 122 21 years, upon as favorable terms as the secretary can obtain. 122 22 At the expiration of such lease the secretary shall 122 23 readvertise the land for sale in the manner provided in 122 24 section 568.10. If no bids for the purchase of the land are 122 25 received on the date of the second advertised sale, then the 122 26 secretary of stateshall submit the matter to the executive122 27council, and theymay either order the land reappraised in the 122 28 manner provided in section 568.7, and then advertised and sold 122 29 in the manner provided in section 568.10, or ifthey deemthe 122 30 secretary deems it advisable,they may authorizethe secretary 122 31 of statetomay sell the land for less than the appraised 122 32 value. In such event the secretary of state shall readvertise 122 33 the land for sale in the manner provided in section 568.10, 122 34 and such advertisement shall also state that the land will be 122 35 sold to the highest bidder without restrictions as to the 123 1 appraised value. 123 2 Sec. 226. Section 568.14, Code 2001, is amended to read as 123 3 follows: 123 4 568.14 BOUNDARY COMMISSION. 123 5 If in any proceeding contemplated by the provisions of this 123 6 chapter, it shall become necessary to determine the boundary 123 7 line between this state and either of the states adjoining, 123 8 the matter shall then be at once referred to theexecutive123 9councilgovernor, who shall thereupon proceed to confer with 123 10 the proper authority of such adjoining state, and if the co- 123 11 operation of the proper authority of such adjoining state 123 12 shall be obtained, then theexecutive councilgovernor shall 123 13 appoint a commission of three disinterested, competent 123 14 persons, who shall, in conjunction with the parties acting for 123 15 such adjoining state, have authority to ascertain and locate 123 16 the true boundary line between this state and such adjoining 123 17 state, so far as the particular land under consideration at 123 18 the time is concerned. The report of the commissioners with a 123 19 statement of their findings shall be submitted to the 123 20executive councilgovernor, who shall file the same with the 123 21 clerk of the state land office in the office of the secretary 123 22 of state. The line so ascertained and located shall 123 23 constitute the true and permanent boundary line between this 123 24 state and such other state to the extent such line shall be so 123 25 ascertainable and located. 123 26 Sec. 227. Section 568.16, Code 2001, is amended to read as 123 27 follows: 123 28 568.16 PURCHASE MONEY REFUNDED. 123 29 If the grantee of the state, or the grantee's successors, 123 30 administrators, or assigns, shall be deprived of the land 123 31 conveyed by the state under this chapter by the final decree 123 32 of a court of record for the reason that the conveyance by the 123 33 state passed no title whatever to the land therein described, 123 34 because title thereto had previously for any reason been 123 35 vested in others, then the money so paid the state for the 124 1 said land shall be refunded by the state to the person or 124 2 persons entitled thereto, provided the said grantee, or the 124 3 grantee's successors, administrators, or assigns, shall file a 124 4 certified copy of the transcript of the said final decree with 124 5 theexecutive councilstate appeal board within one year from 124 6 the date of the issuance of such decree, and shall also file 124 7 satisfactory proof with theexecutive councilstate appeal 124 8 board that the action over the title to the land was commenced 124 9 within ten years from the date of the issuance of patent or 124 10 deed by the state. The amount of money to be refunded under 124 11 the provisions of this section shall be certified by the 124 12executive councilstate appeal board to the director of 124 13revenue and financethe department of administrative services, 124 14 who shall draw a warrant therefor, and the same shall be paid 124 15 out of the general fund. 124 16 Sec. 228. Section 568.18, Code 2001, is amended to read as 124 17 follows: 124 18 568.18 GOOD FAITH POSSESSION – PREFERENCE. 124 19 If any lands in the present or in any former channel of any 124 20 navigable river, or island therein, or any lands formed by 124 21 accretion or avulsion in consequence of the changes of the 124 22 channel of any such river, have been for ten years or more in 124 23 the possession of any person, company, or corporation, or of 124 24 its grantors or predecessors in interest under a bona fide 124 25 claim of ownership, and the person, company or corporation so 124 26 in possession, or its grantors or predecessors in interest, 124 27 have paid state or county taxes upon said lands for a period 124 28 of five years, and have in good faith and under bona fide 124 29 claim of title made valuable improvements thereon, and also in 124 30 any other case where, in the judgment of theexecutive council124 31 department of natural resources, the person in possession of 124 32 any land subject to the provisions of this chapter, has, in 124 33 equity and good conscience, a substantial interest therein, 124 34 then the said lands shall be sold to the person, company, or 124 35 corporation so in possession thereof as hereinafter provided. 125 1 Sec. 229. Section 568.19, Code 2001, is amended to read as 125 2 follows: 125 3 568.19 NOTICE – ACTION TO DETERMINE TITLE AND VALUE – 125 4 PATENT. 125 5 When any person, company, or corporation so in possession 125 6 of any such lands shall give to the secretary of state written 125 7 notice of its claim, or whenever theexecutive council125 8 department of natural resources shall deem it advisable, it 125 9 shall be the duty of the attorney general to bring an action 125 10 in equity, in the district court of the county in which said 125 11 lands are situated, against the party in possession thereof to 125 12 determine the title of the state to such lands, and the value 125 13 thereof, exclusive of improvements made thereon by the 125 14 occupant or by its grantors or predecessors in interest. If 125 15 the person, company, or corporation in possession of such land 125 16 shall, after the court has determined the value thereof as 125 17 herein provided, tender to the secretary of state the amount 125 18 adjudged to be the value of said lands, exclusive of 125 19 improvements made thereon by the occupant or by its grantors 125 20 or predecessors in interest, a deed or patent of such land 125 21 shall be executed by the governor, attested by the secretary 125 22 of state, and delivered to the person, company, or corporation 125 23 making such tender, as provided by law. If the person, 125 24 company, or corporation so in possession shall fail to pay to 125 25 the state the amount so adjudged within six months after the 125 26 final determination of the action so brought by the state, 125 27 then said lands shall be subject to the other provisions of 125 28 this chapter. 125 29 Sec. 230. Section 568.21, Code 2001, is amended to read as 125 30 follows: 125 31 568.21 SALE OR LEASE AUTHORIZED. 125 32 Theexecutive council of the statedepartment of natural 125 33 resources is hereby authorized and empowered to sell, convey, 125 34 lease, or demise any of the islands belonging to the state 125 35 which are within the meandered banks of rivers in the state, 126 1 and to execute and deliver a patent or lease thereof. Nothing 126 2 in this and sections 568.22 to 568.25 shall be construed to 126 3 apply to islands in the Mississippi or Missouri rivers. 126 4 Sec. 231. Section 568.22, Code 2001, is amended to read as 126 5 follows: 126 6 568.22 SURVEY – APPRAISEMENT – SALE. 126 7 Before a sale of any island is made under the provisions of 126 8 section 568.21, theexecutive councildepartment of natural 126 9 resources shall cause a survey and plat of such island to be 126 10 made, showing its location and area, and the plat and notes of 126 11 such survey shall be filed with the secretary of state. The 126 12 land composing the island shall then be appraised by a 126 13 commission appointed by the governor, consisting of three 126 14 disinterested freeholders of the state, who shall report their 126 15 appraisement to theexecutive councildepartment of natural 126 16 resources. The sale of the island shall then be advertised 126 17 once each week for four consecutive weeks in some newspaper of 126 18 general circulation published in the county where the island 126 19 is located, and proof of such publication filed with the 126 20executive councildepartment of natural resources. The sale 126 21 shall be made upon written bids addressed to theexecutive126 22council of the statedepartment of natural resources, and the 126 23 advertisement shall fix the time when such bids will be 126 24 received and opened. All bids shall be opened by the 126 25executive councildepartment of natural resources at the time 126 26 fixed, and the island may thereupon be sold to the highest 126 27 bidder and at not less than its appraised value. 126 28 Sec. 232. Section 568.23, Code 2001, is amended to read as 126 29 follows: 126 30 568.23 LEASE. 126 31 If it shall be deemed expedient to lease any such island, a 126 32 lease thereof may be made upon written bids addressed to the 126 33executive councildepartment of natural resources, and the 126 34 island proposed to be leased shall be surveyed and platted, 126 35 and notice of the leasing thereof and of the receiving and 127 1 opening of bids shall be published, in the manner provided in 127 2 section 568.22, but no appraisement shall be necessary. Upon 127 3 the opening of the bids received by theexecutive council127 4 department of natural resources it may make a lease of such 127 5 island to the highest bidder for such term as is deemed 127 6 advisable. 127 7 Sec. 233. Section 568.24, Code 2001, is amended to read as 127 8 follows: 127 9 568.24 SALES AND LEASES FOR CASH – EXPENSES. 127 10 All sales and leases must be for cash, and the money 127 11 received therefor shall be paid into the state treasury. All 127 12 expenses incurred in making the survey, plat, appraisement, 127 13 sale, or lease of any such island shall be certified by the 127 14executive councildepartment of natural resources to the 127 15 director of revenue and finance, who shall draw a warrant upon 127 16 the state treasury for the amount, and the same shall be paid 127 17 from the general fund. 127 18 Sec. 234. Section 568.25, Code 2001, is amended to read as 127 19 follows: 127 20 568.25 PATENT OR LEASE. 127 21 When any sale or lease of any island belonging to the state 127 22 is made by theexecutive councildepartment of natural 127 23 resources as herein provided, the governor shall execute and 127 24 deliver to the purchaser or lessee a patent or a lease 127 25 thereof, as the case may be, duly attested by the seal of the 127 26 state. 127 27 Sec. 235. Section 569.5, Code 2001, is amended to read as 127 28 follows: 127 29 569.5 MANAGEMENT. 127 30 When the title to real estate becomes vested in the state, 127 31 or in a county or municipality under this chapter, or by 127 32 conveyance under the statutes relating to taxation, the 127 33executive councildepartment of administrative services, board 127 34 of supervisors, or other governing body, as the case may be, 127 35 shall manage, control, protect by insurance, lease, or sell 128 1 said real estate on such terms, conditions, or security as 128 2 said governing body may deem best. 128 3 Sec. 236. Section 602.10133, Code 2001, is amended to read 128 4 as follows: 128 5 602.10133 COSTS AND EXPENSES. 128 6 The court costs incident to such proceedings, and the 128 7 reasonable expense of said judges in attending said hearing 128 8 after being approved by the supreme court shall be paid as 128 9 court costs by theexecutive councilstate appeal board. 128 10 Sec. 237. Section 663.44, unnumbered paragraph 2, Code 128 11 2001, is amended to read as follows: 128 12 However, where the plaintiff is confined in any state 128 13 institution, and is discharged in habeas corpus proceedings, 128 14 or where the habeas corpus proceedings fail and costs and fees 128 15 cannot be collected from the person liable to pay the same, 128 16 such costs and fees shall be paid by the county in which such 128 17 state institution is located. The facts of such payment and 128 18 the proceedings on which it is based, with a statement of the 128 19 amount of fees or costs incurred, with approval in writing by 128 20 the presiding judge appended to such statement or endorsed 128 21 thereon, shall then be certified by the clerk of the district 128 22 court under the seal of office to the stateexecutive council128 23 appeal board. Theexecutive councilstate appeal board shall 128 24 then review the proceedings and authorize reimbursement for 128 25 all such fees and costs or such part thereof as theexecutive128 26councilstate appeal board shall find justified, and shall 128 27 notify the director of revenue and finance to draw a warrant 128 28 to such county treasurer on the state general fund for the 128 29 amount authorized. The costs and fees referred to above shall 128 30 include any award of fees made to a court appointed attorney 128 31 representing an indigent party bringing the habeas corpus 128 32 action. 128 33 Sec. 238. Section 668A.1, subsection 2, paragraph b, Code 128 34 2001, is amended to read as follows: 128 35 b. If the answer or finding pursuant to subsection 1, 129 1 paragraph "b", is negative, after payment of all applicable 129 2 costs and fees, an amount not to exceed twenty-five percent of 129 3 the punitive or exemplary damages awarded may be ordered paid 129 4 to the claimant, with the remainder of the award to be ordered 129 5 paid into a civil reparations trust fund administered by the 129 6 state court administrator. Funds placed in the civil 129 7 reparations trust shall be under the control and supervision 129 8 of theexecutive councilattorney general's office, and shall 129 9 be disbursed only for purposes of indigent civil litigation 129 10 programs or insurance assistance programs. 129 11 Sec. 239. Section 693.1, Code 2001, is amended to read as 129 12 follows: 129 13 693.1 CONTRACT AUTHORIZED. 129 14 The commissioner of public safety may enter into such 129 15 contracts as the commissioner may deem necessary for the 129 16 purpose of utilizing a special radio broadcasting system for 129 17 law enforcement and police work and for direct and rapid 129 18 communication with the various peace officers of the state. 129 19 The said commissioner shall be empowered, subject to the 129 20 approval of the governorand executive council, to equip 129 21 divisional headquarters, cars, and motorcycles in the 129 22 department with radio sending or receiving apparatus or both. 129 23 Sec. 240. Section 904.512, Code 2001, is amended to read 129 24 as follows: 129 25 904.512 VISITS. 129 26Members of the executive council, theThe governor, 129 27 lieutenant governor, secretary of state, auditor of state, 129 28 treasurer of state, secretary of agriculture, attorney 129 29 general,the lieutenant governor,members of the general 129 30 assembly, judges of the supreme and district court and court 129 31 of appeals, judicial magistrates, county attorneys and persons 129 32 ordained or designated as regular leaders of a religious 129 33 community are authorized to visit all institutions under the 129 34 control of the Iowa department of corrections at reasonable 129 35 times. No other person shall be granted admission except by 130 1 permission of the superintendent. 130 2 Sec. 241. Section 904.808, subsection 1, paragraph b, Code 130 3 2001, is amended to read as follows: 130 4 b. When the state director releases, in writing, the 130 5 obligation of the department or agency to purchase the product 130 6 from Iowa state industries, after determining that Iowa state 130 7 industries is unable to meet the performance characteristics 130 8 of the purchase request for the product, and a copy of the 130 9 release is attached to the request to the director of revenue 130 10 and finance for payment for a similar product, or when Iowa 130 11 state industries is unable to furnish needed products, 130 12 comparable in both quality and price to those available from 130 13 alternative sources, within a reasonable length of time. Any 130 14 disputes arising between a purchasing department or agency and 130 15 Iowa state industries regarding similarity of products, or 130 16 comparability of quality or price, or the availability of the 130 17 product, shall be referred to thedirectoradministrator of 130 18 thedepartment of general servicesphysical resources division 130 19 of the department of administrative services, whose decision 130 20 shall be subject to appeal as provided in section 18.7. 130 21 However, if the purchasing department is the department of 130 22generaladministrative services, any matter which would be 130 23 referred to the director under this paragraph shall be 130 24 referred to theexecutive councildepartment of management in 130 25 the same manner as if the matter were to be heard by the 130 26directoradministrator of thedepartment ofgeneral services 130 27 division. The decision of theexecutive councildepartment of 130 28 management is final. 130 29 Sec. 242. Chapter 7D, Code 2001, is repealed. 130 30 Sec. 243. Chapter 15C, Code 2001, is repealed. 130 31 Sec. 244. Section 66.26, Code 2001, is repealed. 130 32 Sec. 245. Section 66.27, Code 2001, is repealed. 130 33 Sec. 246. Section 217.20, Code 2001, is repealed. 130 34 Sec. 247. Section 491.9, Code 2001, is repealed. 130 35 Sec. 248. Section 904.114, Code 2001, is repealed. 131 1 EXPLANATION 131 2 This bill provides for the reorganization of several 131 3 departments of state government by establishing a new 131 4 department of administrative services and provides for the 131 5 repeal of the executive council and the transfer or 131 6 elimination of the duties of the executive council. 131 7 The bill creates a new department of administrative 131 8 services. The bill provides that the purpose of the new 131 9 department is to manage and coordinate the major resources of 131 10 state government including the personnel, financial, physical, 131 11 and information assets of state government. 131 12 The new department consists of four divisions, three of 131 13 which correspond to current state departments. The current 131 14 departments of personnel, information technology, and general 131 15 services are reorganized into divisions within the new 131 16 department. The division for personnel is renamed the human 131 17 resources division and the division for general services is 131 18 renamed the physical resources division. In addition, a 131 19 division of financial administration is created and given 131 20 certain duties currently performed by the department of 131 21 revenue and finance. 131 22 The bill provides that the current directors of the 131 23 departments of personnel, information technology, and general 131 24 services are no longer appointed by the governor but are 131 25 appointed by the director of the new department. 131 26 In regards to the information technology division, the bill 131 27 provides that the department of administrative services will 131 28 determine the division's budget recommendation and legislative 131 29 proposals. Currently, the information technology council has 131 30 the authority to recommend a budget and legislative proposals. 131 31 In addition, the bill eliminates the current divisions within 131 32 the information technology department. The bill also 131 33 transfers the responsibility over the Iowa communications 131 34 network from the Iowa telecommunications and technology 131 35 commission to the division of information technology. The 132 1 bill retains the commission but the duties of the commission 132 2 under the bill are primarily advisory. The current executive 132 3 director for the Iowa communications network is eliminated by 132 4 the bill. 132 5 The new financial administration division is given many of 132 6 the duties previously transferred to the department of revenue 132 7 and finance when the state comptroller position was 132 8 eliminated. Other duties currently performed by the 132 9 department of revenue and finance are also transferred to the 132 10 new division. The bill provides that the new division assumes 132 11 the accounting functions transferred to the department of 132 12 revenue and finance from the state comptroller's office in 132 13 legislation enacted in 1986 and provides that the division is 132 14 responsible for establishing setoff procedures concerning 132 15 certain liabilities owed the state. The bill also provides 132 16 that the current duties of the department of revenue and 132 17 finance under current Code sections 421.31 through 421.45 are 132 18 transferred to the new division. Of the duties transferred, 132 19 many include the responsibility for the collection and payment 132 20 of moneys into and from the treasury such as the payment of 132 21 warrants. In addition, current Code references to the 132 22 responsibility of the director of revenue and finance to 132 23 provide for warrants is changed to the director of the new 132 24 department in this bill. 132 25 The bill also provides that rules adopted, or licenses or 132 26 permits issued, by state agencies that are altered, merged, or 132 27 dissolved by this bill remain in effect until the successor 132 28 state agency amends, repeals, or supplements them. The bill 132 29 also provides for the updating of the Iowa administrative code 132 30 based upon the restructuring provided in the bill. 132 31 The bill also repeals Code chapter 7D, which establishes 132 32 the executive council. In addition, Code chapter 15C, 132 33 concerning the world trade center, is also repealed. The 132 34 executive council currently consists of the governor, 132 35 secretary of state, auditor of state, treasurer of state, and 133 1 the secretary of agriculture. Of the duties performed by the 133 2 executive council, some duties are eliminated while other 133 3 duties are transferred to other state departments or 133 4 constitutional officers. The applicable Code section or 133 5 chapter is referenced in parentheses. 133 6 The bill repeals and eliminates the following duties, 133 7 powers, and responsibilities of the executive council: the 133 8 ability to designate additional paid holidays for state 133 9 employees (1C.2), the report for the official register (7D.6), 133 10 the receipt of the report of unexpended balances on special 133 11 work (7D.11), the notice to transfer balance regarding special 133 12 funds (7D.12), the order and duty to transfer the balance in 133 13 special funds to the general fund (7D.13, 7D.14), the creation 133 14 of the public policy research foundation (7D.15), the ability 133 15 to employ others for the performance of duty (7D.29, 7D.30), 133 16 the state employee suggestion system (70.33), and the ability 133 17 to remove any appointive state officer from office for bad 133 18 conduct (66.26, 66.27). In addition, the bill eliminates the 133 19 requirement that executive council authority is needed for the 133 20 auditor to employ accountants (11.32), to distribute old Iowa 133 21 Codes (18.95), to contract for workers' compensation services 133 22 (19A.32), for the workers' compensation commissioner to enter 133 23 into certain contracts (86.8), to set the salary of certain 133 24 licensing board secretaries and directors (147.102, 147.103A, 133 25 152.2), to permit certain out-of-state travel (217.20, 133 26 421.38), and to approve the sale of park lands or islands by 133 27 the natural resource commission (461A). The bill also 133 28 eliminates the ability of the executive council to review the 133 29 decision of the administrator of the physical resources 133 30 division granting a state agency request for direct purchasing 133 31 (18.6), or to review the decision of the administrator of the 133 32 physical resources division resolving a dispute involving 133 33 purchasing from Iowa state industries. 133 34 The following duties, powers, and responsibilities of the 133 35 executive council are transferred to the governor: the 134 1 responsibility for establishing the state employee deferred 134 2 compensation plan, the ability to employ special counsel in 134 3 lieu of the attorney general (13.3, 13.7), the ability to 134 4 authorize indebtedness for state institutions (72.2), the 134 5 approval of all contracts for the sale of bonds issued by the 134 6 state (75.8), the review of certain purchasing authority by 134 7 the state board of regents (262), expending money from the 134 8 fish and game protection fund for contingencies (455A.10), and 134 9 certain boundary commission proceedings (568.14). 134 10 The following duties, powers, and responsibilities of the 134 11 executive council are transferred to the treasurer: the 134 12 ability to issue state warrants in anticipation of revenues 134 13 (new 12.26A from 7D.8), the public sale of mining camp schools 134 14 (297.30), and ascertaining the value of certain securities 134 15 (492, 497.13). 134 16 The following duties, powers, and responsibilities of the 134 17 executive council are transferred to the superintendent of 134 18 savings and loan associations: duties concerning 134 19 unincorporated associations (534.515). 134 20 The following duties, powers, and responsibilities of the 134 21 executive council are transferred to the attorney general's 134 22 office: the control and supervision of the civil reparations 134 23 trust (668A.1). 134 24 The following duties, powers, and responsibilities of the 134 25 executive council are transferred to the state appeal board 134 26 (the board consists of the director of the department of 134 27 management, the auditor of state, and the treasurer of state): 134 28 the ability to compromise certain claims (current 7D.9, now 134 29 24A.1), the payment of court costs (current 7D.10, now 24A.2, 134 30 602.10133, 663.44), allocation to the manure storage indemnity 134 31 fund (current 7D.10A, now 24A.3, 455J.2), authorize 134 32 expenditures from unappropriated funds for certain leases and 134 33 contracts by the administrator of the division of general 134 34 services (18.12), payment from a contingent fund for disasters 134 35 (29A.27, 29C.20), approve requests for funds to meet 135 1 emergencies relating to the special employment security 135 2 contingency fund (96.13), approve expenditures for the payment 135 3 to an owner of a killed animal (163.15, 163.51), approve 135 4 emergency funding for state fair maintenance for a natural 135 5 disaster (173.16), approve the payment of money to a city or 135 6 county for the cost of a public improvement which affects 135 7 state lands (384.56, 468.43), approve the use by the director 135 8 of revenue and finance of moneys in the litigation expense 135 9 fund (441.73), and the refund of moneys relating to islands 135 10 and abandoned river channels (568.16). 135 11 The following duties, powers, and responsibilities of the 135 12 executive council are transferred to the new department of 135 13 administrative services: certain eminent domain authority 135 14 (6A.1, 6A.2), the inventory of state property (7A.30), the 135 15 energy conservation lease-purchase program (current 7D.34, now 135 16 8A.106, 470.7), the authority to resolve disputes between the 135 17 department of natural resources and the state building code 135 18 commissioner (current 7D.35, now 8A.107), review of revolving 135 19 fund administrative costs (18.9), determining the status of 135 20 employees in regards to the interchange of federal, state, and 135 21 local government employees (28D.6), the sale of lands not 135 22 needed for an armory (29A.57), providing suitable quarters for 135 23 the division of records and statistics (144.2), to execute the 135 24 deeds for the sale of land no longer needed for toll bridges 135 25 by the state department of transportation (313A.24, 313A.26), 135 26 and the authority to manage property that comes under the 135 27 control of the state under Iowa Code chapter 569. 135 28 The following duties, powers, and responsibilities of the 135 29 executive council are transferred to the department of natural 135 30 resources: authorizing the lease of public lands for oil or 135 31 gas exploration (458A.21), several duties relating to public 135 32 lands and waters under Code chapter 461A, granting permission 135 33 of any levee or drainage district to occupy and use for any 135 34 lawful levee or drainage purpose certain land owned by the 135 35 state of Iowa not under the control of any state agency 136 1 (468.220). 136 2 The department of management is also designated as the 136 3 agency to certify allocation of funds to school districts from 136 4 counties under Code section 161E.14 and is given the authority 136 5 to review certain disputes between prison industries and the 136 6 division of general services under Code section 904.808. The 136 7 department of education is also given the authority to approve 136 8 the sale of certain school lands without an appraisement 136 9 (257B.6). The utilities board is also given the duties 136 10 originally granted to the executive council concerning Code 136 11 chapter 469A relating to hydroelectric plants. 136 12 LSB 5564YH 79 136 13 ec/cls/14.4
Text: HF02572 Text: HF02574 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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