Text: SF00394 Text: SF00396 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 395 1 2 1 3 AN ACT 1 4 RELATING TO ASSISTANCE SERVICES PROVIDED TO THE DEPARTMENT OF 1 5 AGRICULTURE AND LAND STEWARDSHIP, INCLUDING FOR THE FILING 1 6 OF DOCUMENTS AND THE PAYMENT OF FEES AND CIVIL PENALTIES, 1 7 AND THE AUTHORIZATION TO ASSESS ADDITIONAL CHARGES. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 12C.1, subsection 2, paragraph e, Code 1 12 2003, is amended to read as follows: 1 13 e. "Public funds" and "public deposits" meantheany of 1 14 the following: 1 15 (1) The moneys of the state or a political subdivision or 1 16 instrumentality of the state including a county, school 1 17 corporation, special district, drainage district, 1 18 unincorporated town or township, municipality, or municipal 1 19 corporation or any agency, board, or commission of the state 1 20 or a political subdivision;. Moneys of the state include 1 21 moneys which are transmitted to a depositary for purposes of 1 22 completing an electronic financial transaction pursuant to 1 23 section 159.43. 1 24 (2) The moneys of any court or public body noted in 1 25 subsection 1;. 1 26 (3) The moneys of a legal or administrative entity created 1 27 pursuant to chapter 28E;. 1 28 (4) The moneys of an electric power agency as defined in 1 29 section 28F.2 or 476A.20; and federal. 1 30 (5) Federal and state grant moneys of a quasi-public state 1 31 entity that are placed in a depository pursuant to this 1 32 chapter. 1 33 SUBCHAPTER III 1 34 ASSISTANCE SERVICES 1 35 Sec. 2. NEW SECTION. 159.40 DEFINITIONS. 2 1 As used in this subchapter, unless the context otherwise 2 2 requires: 2 3 1. "Depositary" means a qualified person who executes a 2 4 contract with the department pursuant to section 159.41 to 2 5 provide assistance services as provided in this subchapter. 2 6 2. "Electronic funds transfer" means a remote electronic 2 7 transmission used for ordering, instructing, or authorizing a 2 8 financial institution to apply money to or credit the account 2 9 of the payee and debit the account of the payer. The remote 2 10 electronic transmission may be initiated by telephone, 2 11 computer, or similar device. 2 12 3. "Filing document" means any of the following: 2 13 a. An application for a license, permit, or certification, 2 14 required to be submitted to the department as provided in this 2 15 title. 2 16 b. A registration required to be submitted to the 2 17 department as provided in this title. 2 18 4. "Filing document fee" means a fee or other charge 2 19 established by statute or rule which is required to accompany 2 20 a filing document submitted to the department as provided in 2 21 this title. 2 22 Sec. 3. NEW SECTION. 159.41 ASSISTANCE SERVICES – 2 23 AUTHORITY TO CONTRACT WITH DEPOSITARY. 2 24 Whenever practical, the department may execute a contract 2 25 with a person qualified to provide assistance services under 2 26 this subchapter, if the contract for the assistance services 2 27 is cost-effective and the quality of the services ensures 2 28 compliance with state and any applicable federal law. A 2 29 person executing a contract with the department for the 2 30 purpose of providing the assistance services shall be deemed 2 31 to be a depositary of the state and an agent of the department 2 32 only for purposes expressly provided in this subchapter. The 2 33 department shall periodically review assistance services 2 34 performed by a person under the contract to ensure that 2 35 quality, cost-effective service is being provided. 3 1 Sec. 4. NEW SECTION. 159.42 ASSISTANCE SERVICES – 3 2 FILING DOCUMENTS. 3 3 1. A contract executed under this subchapter may require 3 4 that a depositary provide for the receipt, acceptance, and 3 5 storage of filing documents that are sent in an electronic 3 6 format to the depositary by persons who would otherwise be 3 7 required to submit filing documents to the department under 3 8 other provisions of this title. The contract shall be 3 9 governed under the same provisions as provided in section 3 10 14B.202. 3 11 2. a. A depositary must send filing documents that it 3 12 receives to the department for processing, including for the 3 13 approval or disapproval of an application or the 3 14 acknowledgement of a registration. The receipt of the filing 3 15 document by the depositary shall be deemed receipt of the 3 16 filing document but not an approval of an application or 3 17 acknowledgement of a registration by the department. 3 18 b. A depositary may send a person notice of the 3 19 department's approval or disapproval of an application or 3 20 acknowledgement of a registration. The department and not a 3 21 depositary shall be considered the lawful custodian of the 3 22 department's filing documents which shall be public records as 3 23 provided in chapter 22. 3 24 3. A filing document that is transmitted electronically to 3 25 a depositary or from a depositary to another person is an 3 26 electronic record for purposes of chapter 554D. An 3 27 application or registration required to be signed must be 3 28 authenticated by an electronic signature as provided by the 3 29 department in conformance with chapter 554D. 3 30 Sec. 5. NEW SECTION. 159.43 ASSISTANCE SERVICES – 3 31 COLLECTION OF MONEYS. 3 32 1. A contract executed under this subchapter may require 3 33 that a depositary provide for the receipt, acceptance, and 3 34 transmission of moneys owed to the department by a person in 3 35 order to satisfy a liability arising from the operation of law 4 1 which is limited to filing document fees and civil penalties. 4 2 These moneys are public funds or public deposits as provided 4 3 in chapter 12. The depositary shall transfer the moneys to 4 4 the department for deposit into the general fund of the state 4 5 unless the disposition of the moneys is specifically provided 4 6 for under other law. 4 7 2. A depositary may commit its assets to lines of credit 4 8 pursuant to credit arrangements, including but not limited to 4 9 agreements with credit and debit cardholders and with other 4 10 credit or debit card issuers. The depositary may accept forms 4 11 of payment including credit cards, debit cards, or electronic 4 12 funds transfer. 4 13 3. The moneys owed to the department shall not exceed the 4 14 amount required to satisfy the liability arising from the 4 15 operation of law. However, the contract executed under this 4 16 subchapter may provide for assistance service charges, 4 17 including service delivery fees, credit card fees, debit card 4 18 fees, and electronic funds transfer charges payable to the 4 19 depositary or another party and not to the state. An 4 20 assistance service charge shall not exceed that permitted by 4 21 statute. The contract may also provide for the retention of 4 22 interest earned on moneys under the control of the depositary. 4 23 These moneys are not considered public funds or public 4 24 deposits as provided in chapter 12. 4 25 4. The depositary, as required by the department for 4 26 purposes of determining compliance, shall send information to 4 27 the department including payment information for an identified 4 28 filing document fee or the payment of a specific civil 4 29 penalty. 4 30 5. Each calendar year, the auditor of state shall conduct 4 31 an annual audit of the activities of the depositary. 4 32 Sec. 6. NEW SECTION. 159.44 FILING DOCUMENTS AND PAYMENT 4 33 OF MONEYS TO DEPARTMENT. 4 34 Nothing in this subchapter shall prevent a person from 4 35 submitting a filing document or making a payment to the 5 1 department as otherwise provided in this title. 5 2 Sec. 7. DIRECTIONS TO CODE EDITOR. 5 3 1. The Code editor shall transfer section 159.31 to new 5 4 section 159.26. 5 5 2. The Code editor shall divide chapter 159 into 5 6 subchapters and eliminate captions which do not include 5 7 sections containing law text. The Code editor shall 5 8 consolidate or eliminate the repeal, reserve, and transfer 5 9 entries in chapter 159 of the 2003 Iowa Code in order to 5 10 enhance the readability of the chapter. As part of 5 11 consolidating or eliminating the entries, the Code editor 5 12 shall provide directions to the reader that explain where 5 13 historical information pertaining to the repeal, transfer, or 5 14 reserving of those entries may be obtained. 5 15 5 16 5 17 5 18 MARY E. KRAMER 5 19 President of the Senate 5 20 5 21 5 22 5 23 CHRISTOPHER C. RANTS 5 24 Speaker of the House 5 25 5 26 I hereby certify that this bill originated in the Senate and 5 27 is known as Senate File 395, Eightieth General Assembly. 5 28 5 29 5 30 5 31 MICHAEL E. MARSHALL 5 32 Secretary of the Senate 5 33 Approved , 2003 5 34 5 35 6 1 6 2 THOMAS J. VILSACK 6 3 Governor
Text: SF00394 Text: SF00396 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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