Text: SSB03169                          Text: SSB03171
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 3170

Bill Text

PAG LIN
  1  1    Section 1.  Section 87.11E, subsection 5, Code 2001, is
  1  2 amended to read as follows:
  1  3    5.  A civil penalty levied under subsection 4 shall not
  1  4 exceed one thousand dollars per violation per person, and
  1  5 shall not exceed ten thousand dollars in a single proceeding
  1  6 against any one person.  All civil penalties shall be
  1  7 deposited in the general fund of the state department of
  1  8 commerce revolving fund created in section 546.12 pursuant to
  1  9 section 505.7.
  1 10    Sec. 2.  Section 123.53, Code 2001, is amended to read as
  1 11 follows:
  1 12    123.53  BEER AND LIQUOR CONTROL FUND – ALLOCATIONS TO
  1 13 SUBSTANCE ABUSE – USE OF CIVIL PENALTIES.
  1 14    1.  There shall be established within the office of the
  1 15 treasurer of state a fund to be known as the beer and liquor
  1 16 control fund.  The fund shall consist of any moneys
  1 17 appropriated by the general assembly for deposit in the fund
  1 18 and moneys received from the sale of alcoholic liquors by the
  1 19 division, from the issuance of permits and licenses, and of
  1 20 moneys and receipts received by the division from any other
  1 21 source.
  1 22    2.  The director of revenue and finance shall periodically
  1 23 transfer from the beer and liquor control fund to the general
  1 24 fund of the state department of commerce revolving fund
  1 25 created in section 546.12 those revenues of the division which
  1 26 are not necessary for the purchase of liquor for resale by the
  1 27 division, or for remittances to local authorities or other
  1 28 sources as required by this chapter, or for other obligations
  1 29 and expenses of the division which are paid from such fund.
  1 30    All moneys received by the division from the issuance of
  1 31 vintner's certificates of compliance and wine permits shall be
  1 32 transferred by the director of revenue and finance to the
  1 33 general fund of the state department of commerce revolving
  1 34 fund created in section 546.12.
  1 35    3.  The treasurer of state shall transfer into a special
  2  1 revenue account in the general fund of the state, a sum of
  2  2 money at least equal to seven percent of the gross amount of
  2  3 sales made by the division from the beer and liquor control
  2  4 fund on a monthly basis but not less than nine million dollars
  2  5 annually, and any amounts so transferred shall be used by the
  2  6 substance abuse division of the Iowa department of public
  2  7 health for substance abuse treatment and prevention programs
  2  8 in an amount determined by the general assembly and any
  2  9 amounts received in excess of the amounts appropriated to the
  2 10 substance abuse division of the Iowa department of public
  2 11 health shall be considered part of the general fund balance.
  2 12    4.  The treasurer of state, after making the transfer
  2 13 provided for in subsection 3, shall transfer to the division
  2 14 from the beer and liquor control fund and before any other
  2 15 transfer to the general fund department of commerce revolving
  2 16 fund, an amount sufficient to pay the costs incurred by the
  2 17 division for collecting and properly disposing of the liquor
  2 18 containers.
  2 19    5.  Civil penalties imposed and collected by the division
  2 20 shall be credited to the general fund of the state.  The
  2 21 moneys from the civil penalties shall be used by the division,
  2 22 subject to appropriation by the general assembly, for the
  2 23 purposes of providing educational programs, information and
  2 24 publications for alcoholic beverage licensees and permittees,
  2 25 local authorities, and law enforcement agencies regarding the
  2 26 laws and rules which govern the alcoholic beverages industry,
  2 27 and for promoting compliance with alcoholic beverage laws and
  2 28 rules.
  2 29    Sec. 3.  Section 123.97, Code 2001, is amended to read as
  2 30 follows:
  2 31    123.97  COVERED INTO GENERAL FUND REVOLVING FUND.
  2 32    All revenues, except the portion of license fees remitted
  2 33 to the local authorities, arising under the operation of the
  2 34 provisions of this chapter shall become part of the state
  2 35 general fund department of commerce revolving fund created in
  3  1 section 546.12.
  3  2    Sec. 4.  Section 123.136, unnumbered paragraph 2, Code
  3  3 2001, is amended to read as follows:
  3  4    All revenue derived from the barrel tax shall accrue to the
  3  5 state general fund department of commerce revolving fund
  3  6 created in section 546.12.
  3  7    Sec. 5.  Section 123.143, Code 2001, is amended to read as
  3  8 follows:
  3  9    123.143  DISTRIBUTION OF FUNDS.
  3 10    The revenues obtained from permit fees and the barrel tax
  3 11 collected under the provisions of this chapter shall be
  3 12 distributed as follows:
  3 13    1.  All retail beer permit fees collected by any local
  3 14 authority at the time application for the permit is made shall
  3 15 be retained by the local authority.  A certified copy of the
  3 16 receipt for the permit fee shall be submitted to the division
  3 17 with the application and the local authority shall be notified
  3 18 at the time the permit is issued.  Those amounts collected for
  3 19 the privilege authorized under section 123.134, subsection 5,
  3 20 shall be deposited in the beer and liquor control fund.
  3 21    2.  All permit fees and taxes collected by the division
  3 22 under this division shall accrue to the state general fund
  3 23 department of commerce revolving fund created in section
  3 24 546.12, except as otherwise provided.
  3 25    3.  Barrel tax revenues collected on beer manufactured in
  3 26 this state from a class "A" permittee which owns and operates
  3 27 a brewery located in Iowa shall be credited to the barrel tax
  3 28 fund hereby created in the office of the treasurer of state.
  3 29 Moneys deposited in the barrel tax fund shall not revert to
  3 30 the general fund of the state without a specific appropriation
  3 31 by the general assembly.
  3 32    Sec. 6.  Section 476.10, unnumbered paragraph 4, Code
  3 33 Supplement 2001, is amended to read as follows:
  3 34    The order shall be subject to review in the manner provided
  3 35 in this chapter.  All amounts collected by the division
  4  1 pursuant to the provisions of this section shall be deposited
  4  2 with the treasurer of state and credited to the general fund
  4  3 of the state department of commerce revolving fund created in
  4  4 section 546.12.  Such amounts shall be spent in accordance
  4  5 with the provisions of chapter 8.
  4  6    Sec. 7.  Section 476.10, unnumbered paragraph 6, Code
  4  7 Supplement 2001, is amended to read as follows:
  4  8    Fees paid to the utilities division shall be deposited in
  4  9 the general fund of the state department of commerce revolving
  4 10 fund created in section 546.12.  These funds shall be used for
  4 11 the payment, upon appropriation by the general assembly, of
  4 12 the expenses of the utilities division and the consumer
  4 13 advocate division of the department of justice.  Subject to
  4 14 this section, the utilities division or the consumer advocate
  4 15 division may keep on hand with the treasurer of state funds in
  4 16 excess of the current needs of the utilities division or the
  4 17 consumer advocate division.
  4 18    Sec. 8.  Section 476.10, unnumbered paragraph 8, Code
  4 19 Supplement 2001, is amended to read as follows:
  4 20    All fees and other moneys collected under this section and
  4 21 sections 478.4, 479.16, and 479A.9 shall be deposited into the
  4 22 general fund of the state department of commerce revolving
  4 23 fund created in section 546.12 and expenses required to be
  4 24 paid under this section shall be paid from funds in the
  4 25 revolving fund and appropriated for those purposes from the
  4 26 fund.  Moneys deposited into the general fund of the state
  4 27 pursuant to this section and sections 478.4, 479.16, and
  4 28 479A.9 shall be subject to the requirements of section 8.60.
  4 29    Sec. 9.  Section 476.87, subsection 3, Code 2001, is
  4 30 amended to read as follows:
  4 31    3.  The board shall allocate the costs and expenses
  4 32 reasonably attributable to certification and dispute
  4 33 resolution in this section to persons identified as parties to
  4 34 such proceeding who are engaged in or who seek to engage in
  4 35 providing natural gas services or other persons identified as
  5  1 participants in such proceeding.  The funds received for the
  5  2 costs and the expenses of certification and dispute resolution
  5  3 shall be remitted to the treasurer of state for deposit in the
  5  4 general fund of the state department of commerce revolving
  5  5 fund created in section 546.12 as provided in section 476.10.
  5  6    Sec. 10.  Section 476.101, subsection 10, Code 2001, is
  5  7 amended to read as follows:
  5  8    10.  In a proceeding associated with the granting of a
  5  9 certificate under section 476.29, approving maps and tariffs
  5 10 for competitive local exchange providers provided for in this
  5 11 section, or in resolving a complaint filed pursuant to
  5 12 subsection 8 and proceedings under 47 U.S.C. } 251-254, the
  5 13 board shall allocate the costs and expenses of the proceedings
  5 14 to persons identified as parties in the proceeding who are
  5 15 engaged in or who seek to engage in providing
  5 16 telecommunications services or other persons identified as
  5 17 participants in the proceeding.  The funds received for the
  5 18 costs and the expenses shall be remitted to the treasurer of
  5 19 state for deposit in the general fund of the state department
  5 20 of commerce revolving fund created in section 546.12 as
  5 21 provided in section 476.10.
  5 22    Sec. 11.  Section 478.4, Code 2001, is amended to read as
  5 23 follows:
  5 24    478.4  FRANCHISE – HEARING.
  5 25    The utilities board shall consider the petition and any
  5 26 objections filed to it in the manner provided.  It shall
  5 27 examine the proposed route or cause any engineer selected by
  5 28 it to do so.  If a hearing is held on the petition it may hear
  5 29 testimony as may aid it in determining the propriety of
  5 30 granting the franchise.  It may grant the franchise in whole
  5 31 or in part upon the terms, conditions, and restrictions, and
  5 32 with the modifications as to location and route as may seem to
  5 33 it just and proper.  Before granting the franchise, the
  5 34 utilities board shall make a finding that the proposed line or
  5 35 lines are necessary to serve a public use and represents a
  6  1 reasonable relationship to an overall plan of transmitting
  6  2 electricity in the public interest.  A franchise shall not
  6  3 become effective until the petitioners shall pay, or file an
  6  4 agreement to pay, all costs and expenses of the franchise
  6  5 proceeding, whether or not objections are filed, including
  6  6 costs of inspections or examinations of the route, hearing,
  6  7 salaries, publishing of notice, and any other expenses
  6  8 reasonably attributable to it.  The funds received for the
  6  9 costs and the expenses of the franchise proceeding shall be
  6 10 remitted to the treasurer of state for deposit in the general
  6 11 fund of the state department of commerce revolving fund
  6 12 created in section 546.12 as provided in section 476.10.
  6 13    Sec. 12.  Section 479.16, Code 2001, is amended to read as
  6 14 follows:
  6 15    479.16  RECEIPT OF FUNDS.
  6 16    All moneys received under this chapter shall be remitted
  6 17 monthly to the treasurer of state and credited to the general
  6 18 fund of the state department of commerce revolving fund
  6 19 created in section 546.12 as provided in section 476.10.
  6 20    Sec. 13.  Section 479A.9, Code 2001, is amended to read as
  6 21 follows:
  6 22    479A.9  DEPOSIT OF FUNDS.
  6 23    Moneys received under this chapter shall be credited to the
  6 24 general fund of the state department of commerce revolving
  6 25 fund created in section 546.12 as provided in section 476.10.
  6 26    Sec. 14.  Section 479B.12, Code 2001, is amended to read as
  6 27 follows:
  6 28    479B.12  USE OF FUNDS.
  6 29    All moneys received under this chapter, other than civil
  6 30 penalties collected pursuant to section 479B.21, shall be
  6 31 remitted monthly to the treasurer of state and credited to the
  6 32 general fund of the state department of commerce revolving
  6 33 fund created in section 546.12.
  6 34    Sec. 15.  Section 505.7, subsection 1, Code 2001, is
  6 35 amended to read as follows:
  7  1    1.  All fees and charges which are required by law to be
  7  2 paid by insurance companies, associations, and other regulated
  7  3 entities shall be payable to the commissioner of the insurance
  7  4 division of the department of commerce or department of
  7  5 revenue and finance, as provided by law, whose duty it shall
  7  6 be to account for and pay over the same to the treasurer of
  7  7 state at the time and in the manner provided by law for
  7  8 deposit in the general fund of the state department of
  7  9 commerce revolving fund created in section 546.12.
  7 10    Sec. 16.  Section 507.9, Code 2001, is amended to read as
  7 11 follows:
  7 12    507.9  FEES – ACCOUNTING.
  7 13    All fees collected under the provisions of this chapter
  7 14 shall be paid to the commissioner of insurance and shall be
  7 15 turned into the state treasury for deposit in the department
  7 16 of commerce revolving fund created in section 546.12.
  7 17    Sec. 17.  Section 508.14, subsection 4, Code 2001, is
  7 18 amended to read as follows:
  7 19    4.  Amounts received by the commissioner pursuant to
  7 20 subsections 2 and 3 shall be paid to the treasurer of state
  7 21 for deposit in the general fund of the state department of
  7 22 commerce revolving fund created in section 546.12 as provided
  7 23 in section 505.7.
  7 24    Sec. 18.  Section 508.15, Code 2001, is amended to read as
  7 25 follows:
  7 26    508.15  VIOLATION BY FOREIGN COMPANY.
  7 27    Companies organized and chartered by the laws of a foreign
  7 28 state or country, failing to file the evidence of investment
  7 29 and statement within the time fixed, or failing to timely file
  7 30 any financial statement required by rule of the commissioner
  7 31 of insurance, shall forfeit and pay five hundred dollars, to
  7 32 be collected in an action in the name of the state and paid to
  7 33 the treasurer of state for deposit in the general fund of the
  7 34 state department of commerce revolving fund created in section
  7 35 546.12 as provided in section 505.7, and their right to
  8  1 transact further new business in this state shall immediately
  8  2 cease until the requirements of this chapter have been fully
  8  3 complied with.  The commissioner may give notice to a company
  8  4 which has failed to file within the time fixed that the
  8  5 company is in violation of this section and if the company
  8  6 fails to file the evidence of investment and statement within
  8  7 ten days of the date of the notice the company shall forfeit
  8  8 and pay the additional sum of one hundred dollars for each day
  8  9 the failure continues, to be paid to the treasurer of state
  8 10 for deposit in the general fund of the state department of
  8 11 commerce revolving fund created in section 546.12 as provided
  8 12 in section 505.7.
  8 13    Sec. 19.  Section 514B.22, Code 2001, is amended to read as
  8 14 follows:
  8 15    514B.22  FEES.
  8 16    Every health maintenance organization subject to this
  8 17 chapter shall pay to the commissioner the following fees:
  8 18    1.  For filing an application for a certificate of
  8 19 authority or an amendment to the certificate, one hundred
  8 20 dollars.
  8 21    2.  For filing each annual report, twenty-five dollars.
  8 22 Fees charged under this section shall be remitted to the
  8 23 treasurer of state and credited by the treasurer to the
  8 24 general fund department of commerce revolving fund created in
  8 25 section 546.12.
  8 26    Sec. 20.  Section 515.65, Code 2001, is amended to read as
  8 27 follows:
  8 28    515.65  CERTIFICATE REFUSED – ADMINISTRATIVE PENALTY.
  8 29    The commissioner of insurance shall withhold the
  8 30 commissioner's certificate or permission of authority to do
  8 31 business from a company neglecting or failing to comply with
  8 32 this chapter.  In addition, a company organized or authorized
  8 33 under this chapter which fails to file the annual statement
  8 34 referred to in section 515.63 in the time required shall pay
  8 35 and forfeit an administrative penalty in an amount of five
  9  1 hundred dollars to be collected in the name of the state for
  9  2 deposit in the general fund of the state department of
  9  3 commerce revolving fund created in section 546.12 as provided
  9  4 in section 505.7.  The company's right to transact further new
  9  5 business in this state shall immediately cease until the
  9  6 company has fully complied with this chapter.  The
  9  7 commissioner may give notice to a company which has failed to
  9  8 file within the time required that the company is in violation
  9  9 of this section and if the company fails to file the evidence
  9 10 of investment and statement within ten days of the date of the
  9 11 notice the company shall forfeit and pay the additional sum of
  9 12 one hundred dollars for each day the failure continues, to be
  9 13 paid to the treasurer of state for deposit in the general fund
  9 14 of the state department of commerce revolving fund created in
  9 15 section 546.12 as provided in section 505.7.
  9 16    Sec. 21.  Section 523A.204, Code Supplement 2001, is
  9 17 amended by adding the following new subsection:
  9 18    NEW SUBSECTION.  9.  Fees paid pursuant to this section
  9 19 shall be deposited in the department of commerce revolving
  9 20 fund created in section 546.12.
  9 21    Sec. 22.  Section 524.207, Code 2001, is amended to read as
  9 22 follows:
  9 23    524.207  EXPENSES OF THE BANKING DIVISION – FEES.
  9 24    1.  All expenses required in the discharge of the duties
  9 25 and responsibilities imposed upon the banking division of the
  9 26 department of commerce, the superintendent, and the state
  9 27 banking board by the laws of this state shall be paid from
  9 28 fees provided by the laws of this state and appropriated by
  9 29 the general assembly from the general fund of the state
  9 30 department of commerce revolving fund created in section
  9 31 546.12.  All of these fees are payable to the superintendent.
  9 32 The superintendent shall pay all the fees and other moneys
  9 33 received by the superintendent to the treasurer of state
  9 34 within the time required by section 12.10 and the fees and
  9 35 other moneys shall be deposited into the general fund of the
 10  1 state department of commerce revolving fund.  The
 10  2 superintendent may keep on hand with the treasurer of state
 10  3 funds in excess of the current needs of the division to the
 10  4 extent approved by the state banking board.
 10  5    2.  The superintendent shall account for receipts and
 10  6 disbursements according to the separate duties imposed upon
 10  7 the superintendent by the laws of this state and each separate
 10  8 duty shall be fiscally self-sustaining.
 10  9    3.  The banking division may expend additional funds,
 10 10 including funds for additional personnel, if those additional
 10 11 expenditures are actual expenses which exceed the funds
 10 12 budgeted for bank examinations and directly result from
 10 13 examinations of banks.  The amounts necessary to fund the
 10 14 excess examination expenses shall be collected from banks
 10 15 being regulated, and the collections shall be treated as
 10 16 repayment receipts as defined in section 8.2.  The division
 10 17 shall notify in writing the legislative fiscal bureau and the
 10 18 department of management when hiring additional personnel.
 10 19 The written notification shall include documentation that any
 10 20 additional expenditure related to such hiring will be totally
 10 21 reimbursed to the general fund, and shall also include the
 10 22 division's justification for hiring such personnel.  The
 10 23 division must obtain the approval of the department of
 10 24 management only if the number of additional personnel to be
 10 25 hired exceeds the number of full-time equivalent positions
 10 26 authorized by the general assembly.
 10 27    4.  All fees and moneys collected shall be deposited into
 10 28 the general fund of the state department of commerce revolving
 10 29 fund and expenses required to be paid under this section shall
 10 30 be paid from funds moneys in the department of commerce
 10 31 revolving fund and appropriated for those purposes.  Moneys
 10 32 deposited into the general fund of the state pursuant to this
 10 33 section shall be subject to the requirements of section 8.60.
 10 34    Sec. 23.  Section 533.62, subsection 3, Code 2001, is
 10 35 amended to read as follows:
 11  1    3.  All expenses required in the discharge of the duties
 11  2 and responsibilities imposed upon the superintendent and the
 11  3 board by the laws of this state shall be paid from funds in
 11  4 the department of commerce revolving fund created in section
 11  5 546.12 and appropriated from the general fund of the state
 11  6 fund.  The superintendent shall pay all fees and other money
 11  7 received by the superintendent to the treasurer of state
 11  8 within the same time required by section 12.10.  The treasurer
 11  9 of state shall deposit such funds in the general fund of the
 11 10 state department of commerce revolving fund.  Funds
 11 11 appropriated to the credit union division shall be subject at
 11 12 all times to the warrant of the director of revenue and
 11 13 finance, drawn upon written requisition of the superintendent
 11 14 or a designated representative, for the payment of all
 11 15 salaries and other expenses necessary to carry out the duties
 11 16 of the credit union division.
 11 17    Sec. 24.  Section 533.67, Code 2001, is amended to read as
 11 18 follows:
 11 19    533.67  EXPENSES OF THE CREDIT UNION DIVISION – FEES.
 11 20    1.  All expenses required in the discharge of the duties
 11 21 and responsibilities imposed upon the credit union division,
 11 22 the superintendent, and the credit union review board by the
 11 23 laws of this state shall be paid from fees provided by the
 11 24 laws of this state and appropriated by the general assembly
 11 25 from the general fund of the state department of commerce
 11 26 revolving fund created in section 546.12.  All of these fees
 11 27 are payable to the superintendent.  The superintendent shall
 11 28 pay all the fees and other moneys received by the
 11 29 superintendent to the treasurer of state within the time
 11 30 required by section 12.10 and the fees and other moneys shall
 11 31 be deposited into the general fund of the state department of
 11 32 commerce revolving fund.  The superintendent may keep on hand
 11 33 with the treasurer of state funds in excess of the current
 11 34 needs of the division to the extent approved by the credit
 11 35 union review board.
 12  1    2.  The superintendent shall account for receipts and
 12  2 disbursements according to the separate duties imposed upon
 12  3 the superintendent by the laws of this state and each separate
 12  4 duty shall be fiscally self-sustaining.
 12  5    3.  The credit union division may expend additional funds,
 12  6 including funds for additional personnel, if those additional
 12  7 expenditures are actual expenses which exceed the funds
 12  8 budgeted for credit union examinations and directly result
 12  9 from examinations of credit unions.  The amounts necessary to
 12 10 fund the excess examination expenses shall be collected from
 12 11 credit unions being regulated, and the collections shall be
 12 12 treated as repayment receipts as defined in section 8.2.  The
 12 13 division shall notify in writing the legislative fiscal bureau
 12 14 and the department of management when hiring additional
 12 15 personnel.  The written notification shall include
 12 16 documentation that any additional expenditure related to such
 12 17 hiring will be totally reimbursed to the general fund, and
 12 18 shall also include the division's justification for hiring
 12 19 such personnel.  The division must obtain the approval of the
 12 20 department of management only if the number of additional
 12 21 personnel to be hired exceeds the number of full-time
 12 22 equivalent positions authorized by the general assembly.
 12 23    4.  All fees and other moneys collected shall be deposited
 12 24 into the general fund of the state department of commerce
 12 25 revolving fund and expenses required to be paid under this
 12 26 section shall be paid from funds moneys in the revolving fund
 12 27 and appropriated for those purposes.  Moneys deposited into
 12 28 the general fund of the state pursuant to this section shall
 12 29 be subject to the requirements of section 8.60.
 12 30    5.  The division may accept reimbursement of expenses
 12 31 related to the examination of a credit union from the national
 12 32 credit union administration or any other share guarantor or
 12 33 insurance plan authorized by this chapter.  These
 12 34 reimbursements shall be deposited into the general fund of the
 12 35 state department of commerce revolving fund.
 13  1    Sec. 25.  Section 534.305, Code 2001, is amended to read as
 13  2 follows:
 13  3    534.305  REDEMPTION.
 13  4    When funds are on hand for the purpose, the association may
 13  5 redeem by lot or otherwise, as the board of directors
 13  6 determines, all or any part of any of its savings accounts on
 13  7 a dividend date by giving thirty days' notice by registered
 13  8 mail addressed to the account holders at their last addresses
 13  9 recorded on the books of the association.  An association
 13 10 shall not redeem its share accounts when the association is in
 13 11 an impaired condition or when it has applications for
 13 12 withdrawal which have been on file more than thirty days and
 13 13 have not been reached for payment.  The redemption price of a
 13 14 savings account shall be the full value of the account
 13 15 redeemed, as determined by the board of directors, but the
 13 16 redemption value shall not be less than the withdrawal value.
 13 17 If the notice of redemption has been given, and if on or
 13 18 before the redemption date the funds necessary for the
 13 19 redemption have been set aside for redemptions, dividends upon
 13 20 the accounts called for redemption shall cease to accrue from
 13 21 and after the dividend date specified as the redemption date,
 13 22 and rights with respect to those accounts terminate as of the
 13 23 redemption date, subject only to the right of the account
 13 24 holder of record to receive the redemption value without
 13 25 interest.  Savings accounts which have been validly called for
 13 26 redemption must be tendered for payment within ten years from
 13 27 the date of redemption designated in the redemption notice, or
 13 28 they shall be canceled and paid to the treasurer of state for
 13 29 deposit in the general fund of the state department of
 13 30 commerce revolving fund created in section 546.12 and all
 13 31 claims of the account holders against the association are
 13 32 barred forever.  Redemption shall not be made of any savings
 13 33 accounts which are held by a person who is a director and
 13 34 which are necessary to qualify the person to act as director.
 13 35    Sec. 26.  Section 534.408, subsection 1, Code 2001, is
 14  1 amended to read as follows:
 14  2    1.  PAYABLE TO DIVISION.  Associations shall pay fees by
 14  3 delivering to the superintendent a check payable to the
 14  4 savings and loan division of the department of commerce.  All
 14  5 fees collected under this chapter shall be deposited with the
 14  6 treasurer of state in the general fund of the state department
 14  7 of commerce revolving fund created in section 546.12.
 14  8    Sec. 27.  Section 542B.12, Code Supplement 2001, is amended
 14  9 to read as follows:
 14 10    542B.12  DISPOSITION OF FEES.
 14 11    The staff shall collect and account for all fees provided
 14 12 for by this chapter and pay the fees to the treasurer of state
 14 13 who shall deposit the fees in the general fund of the state
 14 14 department of commerce revolving fund created in section
 14 15 546.12.
 14 16    Sec. 28.  Section 542C.3, subsection 3, Code 2001, is
 14 17 amended to read as follows:
 14 18    3.  All fees and other moneys received by the board,
 14 19 pursuant to this chapter, shall be paid monthly to the
 14 20 treasurer of state for deposit in the general fund of the
 14 21 state department of commerce revolving fund created in section
 14 22 546.12.
 14 23    Sec. 29.  Section 543B.14, Code Supplement 2001, is amended
 14 24 to read as follows:
 14 25    543B.14  FEES AND EXPENSES – FUNDS.
 14 26    All fees and charges collected by the real estate
 14 27 commission under this chapter shall be paid into the general
 14 28 fund of the state, except that the equivalent of the greater
 14 29 of ten dollars or forty percent per year of the fees for each
 14 30 real estate salesperson's license, plus the equivalent of the
 14 31 greater of ten dollars or twenty-five percent per year of the
 14 32 fees for each broker's license shall be paid into the Iowa
 14 33 real estate education fund created in section 543B.54
 14 34 department of commerce revolving fund created in section
 14 35 546.12.  All expenses incurred by the commission under this
 15  1 chapter, including compensation of staff assigned to the
 15  2 commission, shall be paid from funds appropriated for those
 15  3 purposes, except for expenses incurred and compensation paid
 15  4 for the real estate education director, which shall be paid
 15  5 out of the real estate education fund department of commerce
 15  6 revolving fund created in section 546.12.
 15  7    Sec. 30.  Section 543C.8, unnumbered paragraph 2, Code
 15  8 2001, is amended to read as follows:
 15  9    All fees collected under this chapter shall be deposited
 15 10 with the treasurer of state and credited to the general fund
 15 11 department of commerce revolving fund created in section
 15 12 546.12.
 15 13    Sec. 31.  Section 543D.6, subsection 2, Code Supplement
 15 14 2001, is amended to read as follows:
 15 15    2.  Fees collected by the board shall be transmitted to the
 15 16 treasurer of state who shall deposit the fees in the general
 15 17 fund of the state department of commerce revolving fund
 15 18 created in section 546.12.
 15 19    Sec. 32.  Section 544B.14, unnumbered paragraph 2, Code
 15 20 Supplement 2001, is amended to read as follows:
 15 21    All fees shall be collected by the secretary, paid to the
 15 22 treasurer of state and deposited in the general fund of the
 15 23 state department of commerce revolving fund created in section
 15 24 546.12.
 15 25    Sec. 33.  546.10, subsection 5, Code Supplement 2001, is
 15 26 amended to read as follows:
 15 27    5.  Fees collected under chapters 542B, 542C, 543B, 543D,
 15 28 544A, and 544B shall be paid to the treasurer of state and
 15 29 credited to the general fund of the state department of
 15 30 commerce revolving fund created in section 546.12.  All
 15 31 expenses required in the discharge of the duties and
 15 32 responsibilities imposed upon the professional licensing
 15 33 division of the department of commerce, the administrator, and
 15 34 the licensing boards by the laws of this state shall be paid
 15 35 from moneys in the revolving fund and appropriated by the
 16  1 general assembly for those purposes.  All fees deposited into
 16  2 the general fund of the state, as provided in this subsection,
 16  3 shall be subject to the requirements of section 8.60.
 16  4    Sec. 34.  NEW SECTION.  546.12  DEPARTMENT OF COMMERCE
 16  5 REVOLVING FUND.
 16  6    A department of commerce revolving fund is created in the
 16  7 state treasury.  The fund shall consist of moneys collected by
 16  8 the department of commerce, and its divisions, and deposited
 16  9 into the fund on a monthly basis.  All costs for operating the
 16 10 department and divisions of the department shall be paid from
 16 11 this fund, subject to appropriation by the general assembly.
 16 12 Any amounts received for deposit into the fund in excess of
 16 13 the amounts appropriated to the department and the divisions
 16 14 of the department shall be transferred to the general fund of
 16 15 the state.
 16 16    Sec. 35.  Section 523A.812, Code Supplement 2001, is
 16 17 repealed.
 16 18    Sec. 36.  Section 543B.54, Code 2001, is repealed.  
 16 19                           EXPLANATION
 16 20    This bill establishes a department of commerce revolving
 16 21 fund which shall consist of moneys, fees, and other revenues
 16 22 collected by the department, and the divisions of the
 16 23 department.  The bill provides that moneys in the fund shall
 16 24 be used to pay the costs of operating the department and the
 16 25 divisions of the department subject to an appropriation by the
 16 26 general assembly.  The bill further provides that moneys
 16 27 deposited in the fund in excess of the amounts appropriated
 16 28 shall be transferred to the general fund of the state.
 16 29    The bill provides that fees and other moneys collected by
 16 30 the alcoholic beverages division under Code chapter 123; the
 16 31 utilities division under Code chapters 476 and 479B, and Code
 16 32 sections 478.4, 479.16, and 479A.9; the commissioner of
 16 33 insurance as provided in Code sections 505.7 and 514B.22, and
 16 34 Code chapter 507; the banking division under Code chapter 524;
 16 35 the credit union division under Code chapter 533; the savings
 17  1 and loan division under Code chapter 534; and the professional
 17  2 licensing and regulation division pursuant to Code section
 17  3 546.10 are to be deposited in the department of commerce
 17  4 revolving fund and not in the general fund of the state.  In
 17  5 addition, the bill repeals the Iowa real estate education fund
 17  6 and the insurance division regulatory fund and directs that
 17  7 moneys shall instead by deposited in the revolving fund
 17  8 created by this bill.  
 17  9 LSB 6639XC 79
 17 10 ec/pj/5

Text: SSB03169                          Text: SSB03171
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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