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PAG LIN 1 1 SENATE FILE 453 1 2 1 3 AN ACT 1 4 RELATING TO STATE AND LOCAL GOVERNMENT FINANCIAL AND REGULATORY 1 5 MATTERS, MAKING AND REDUCING APPROPRIATIONS, PROVIDING A FEE, 1 6 INCREASING CIVIL PENALTIES, AND PROVIDING APPLICABILITY AND 1 7 EFFECTIVE DATES. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 DIVISION I 1 12 PROPERTY TAX REPLACEMENT 1 13 Section 1. Section 24.14, Code 2003, is amended to read as 1 14 follows: 1 15 24.14 TAX LIMITED. 1 16 A greater tax than that so entered upon the record shall 1 17 not be levied or collected for the municipality proposing the 1 18 tax for the purposes indicated and a greater expenditure of 1 19 public money shall not be made for any specific purpose than 1 20 the amount estimated and appropriated for that purpose, except 1 21 as provided in sections 24.6 and 24.15. All budgets set up in 1 22 accordance with the statutes shall take such funds, and 1 23 allocations made by sections 123.53,and 452A.79and chapter1 24405A, into account, and all such funds, regardless of their 1 25 source, shall be considered in preparing the budget. 1 26 Sec. 2. Section 331.403, subsection 3, Code 2003, is 1 27 amended to read as follows: 1 28 3. A county that fails to meet the filing deadline imposed 1 29 by this section shall have withheld from payments to be made 1 30 to the county and allocated to the county pursuant tochapter1 31405Asection 425.1 an amount equal to five cents per capita 1 32 until the financial report is filed. 1 33 Sec. 3. Section 331.427, subsection 1, unnumbered 1 34 paragraph 1, Code 2003, is amended to read as follows: 1 35 Except as otherwise provided by state law, county revenues 2 1 from taxes and other sources for general county services shall 2 2 be credited to the general fund of the county, including 2 3 revenues received under sections 9I.11, 101A.3, 101A.7, 2 4 123.36, 123.143, 142B.6, 176A.8, 321.105, 321.152, 321G.7, 2 5 section 331.554, subsection 6, sections 341A.20, 364.3, 2 6 368.21, 422A.2, 428A.8, 430A.3, 433.15, 434.19, 445.57, 2 7 453A.35, 458A.21, 483A.12, 533.24, 556B.1, 583.6, 602.8108, 2 8 904.908, and 906.17,and chapter 405A,and the following: 2 9 Sec. 4. Section 384.22, unnumbered paragraph 2, Code 2003, 2 10 is amended to read as follows: 2 11 A city that fails to meet the filing deadline imposed by 2 12 this section shall have withheld from payments to be made to 2 13 the county which are allocated to the city pursuant tochapter2 14405Asection 425.1 an amount equal to five cents per capita 2 15 until the annual report is filed with the auditor of state. 2 16 Sec. 5. Section 427B.19, subsection 3, unnumbered 2 17 paragraph 1, Code 2003, is amended to read as follows: 2 18 On or before September 1 of each fiscal year through June 2 19 30,20062004, the county auditor shall prepare a statement, 2 20 based upon the report received pursuant to subsections 1 and 2 21 2, listing for each taxing district in the county: 2 22 Sec. 6. Section 427B.19, subsection 3, paragraph c, Code 2 23 2003, is amended to read as follows: 2 24 c. The industrial machinery, equipment and computers tax 2 25 replacement claim for each taxing district. For fiscal years 2 26 beginning July 1, 1996, and ending June 30, 2001, the 2 27 replacement claim is equal to the amount determined pursuant 2 28 to paragraph "a", multiplied by the tax rate specified in 2 29 paragraph "b". For fiscal years beginning July 1, 2001, and 2 30 ending June 30,20062004, the replacement claim is equal to 2 31 the product of the amount determined pursuant to paragraph 2 32 "a", less any increase in valuations determined in paragraph 2 33 "d", and the tax rate specified in paragraph "b". If the 2 34 amount subtracted under paragraph "d" is more than the amount 2 35 determined in paragraph "a", there is no tax replacement for 3 1 the fiscal year. 3 2 Sec. 7. Section 427B.19A, subsection 1, Code 2003, is 3 3 amended to read as follows: 3 4 1. The industrial machinery, equipment and computers 3 5 property tax replacement fund is created. For the fiscal year 3 6 beginning July 1, 1996, through the fiscal year ending June 3 7 30,20062004, there is appropriated annually from the general 3 8 fund of the state to the department of revenue and finance to 3 9 be credited to the industrial machinery, equipment and 3 10 computers property tax replacement fund, an amount sufficient 3 11 to implement this division. However, for the fiscal year 3 12 beginning July 1, 2003, the amount appropriated to the 3 13 department of revenue and finance to be credited to the 3 14 industrial machinery, equipment and computers tax replacement 3 15 fund is ten million eighty-one thousand six hundred eighty- 3 16 five dollars. 3 17 Sec. 8. Section 427B.19C, Code 2003, is amended to read as 3 18 follows: 3 19 427B.19C ADJUSTMENT OF CERTAIN ASSESSMENTS REQUIRED. 3 20 In the assessment year beginning January 1,20052003, the 3 21 amount of assessed value of property defined in section 3 22 403.19, subsection 1, for an urban renewal taxing district 3 23 which received replacement moneys under section 427B.19A, 3 24 subsection 4, shall be reduced by an amount equal to that 3 25 portion of the amount of assessed value of such property which 3 26 was assessed pursuant to section 427B.17, subsection 3. 3 27 Sec. 9. Section 441.73, subsection 4, Code 2003, is 3 28 amended to read as follows: 3 29 4. The executive council shall transfer for the fiscal 3 30 year beginning July 1, 1992, and each fiscal year thereafter, 3 31 from funds established in sections405A.8,425.1,and 426.1, 3 32 an amount necessary to pay litigation expenses. The amount of 3 33 the fund for each fiscal year shall not exceed seven hundred 3 34 thousand dollars. The executive council shall determine 3 35 annually the proportionate amounts to be transferred from the 4 1threetwo separate funds. At any time when no litigation is 4 2 pending or in progress the balance in the litigation expense 4 3 fund shall not exceed one hundred thousand dollars. Any 4 4 excess moneys shall be transferred in a proportionate amount 4 5 back to the funds from which they were originally transferred. 4 6 Sec. 10. GUARANTEE OF REPLACEMENT FUNDS. The revaluation 4 7 of all industrial machinery, equipment, and computers 4 8 authorized in section 427B.19B, Code 2003, as a result of the 4 9 insufficient funding of the industrial machinery, equipment 4 10 and computers property tax replacement fund for the fiscal 4 11 year beginning July 1, 2002, is void and taxes payable in the 4 12 fiscal year beginning July 1, 2003, shall not be levied on the 4 13 amount of such revaluation. 4 14 Sec. 11. Sections 403.23, 405A.1, 405A.2, 405A.3, 405A.4, 4 15 405A.5, 405A.6, 405A.7, 405A.8, 405A.9, 405A.10, 422.65, 4 16 427A.12, and 427B.19B, Code 2003, are repealed. 4 17 Sec. 12. UNIFORM REDUCTIONS. The general assembly finds 4 18 that the provisions of this division of this Act will result 4 19 in reductions in appropriations that would otherwise be made 4 20 from the general fund of the state for the fiscal year 4 21 beginning July 1, 2003, that total $70,000,000. If the 4 22 governor vetoes a portion of this division of this Act, the 4 23 governor shall order uniform reductions in appropriations 4 24 allotments as provided in section 8.31, in an amount equal to 4 25 the appropriations that are made as a result of the veto. 4 26 Sec. 13. EFFECTIVE DATE. The section of this division of 4 27 this Act that voids the revaluation of machinery, equipment, 4 28 and computers, being deemed of immediate importance, takes 4 29 effect upon enactment. 4 30 DIVISION II 4 31 PARKING TICKETS 4 32 Sec. 14. Section 321.236, subsection 1, paragraph a, Code 4 33 2003, is amended to read as follows: 4 34 a. May be charged and collected upon a simple notice of a 4 35 fine payable to the city clerk or clerk of the district court, 5 1 if authorized by ordinance. The fineshall not exceed five5 2dollars except for snow route parking violations in which case5 3the fine shall not exceed twenty-five dollarsfor each 5 4 violation charged under a simple notice of a fine shall be 5 5 established by ordinance. The fine may be increasedup to ten5 6 by five dollars if the parking violation is not paid within 5 7 thirty days of the date upon which the violation occurred, if 5 8 authorized by ordinance. Violations of section 321L.4, 5 9 subsection 2, may be charged and collected upon a simple 5 10 notice of a one hundred dollar fine payable to the city clerk 5 11 or clerk of the district court, if authorized by ordinance. 5 12 No costs or other charges shall be assessed. All fines 5 13 collected by a city pursuant to this paragraph shall be 5 14 retained by the city and all fines collected by a county 5 15 pursuant to this paragraph shall be retained by the county. 5 16 Sec. 15. Section 805.8A, subsection 1, paragraph a, Code 5 17 2003, is amended to read as follows: 5 18 a. For parking violations under sections 321.236, 321.239, 5 19 321.358, 321.360, and 321.361, the scheduled fine is five 5 20 dollars, except if the local authority has established the 5 21 fine by ordinance pursuant to section 321.236, subsection 1. 5 22 The scheduled fine for a parking violationofpursuant to 5 23 section 321.236 increasesin an amount up to tenby five 5 24 dollars, as authorized by ordinance pursuant to section 5 25 321.236, subsection 1,paragraph "a",if the parking violation 5 26 is not paid within thirty days of the date upon which the 5 27 violation occurred. For purposes of calculating the unsecured 5 28 appearance bond required under section 805.6, the scheduled 5 29 fine shall be five dollars, or if the amount of the fine is 5 30 greater than five dollars, the unsecured appearance bond shall 5 31 be the amount of the fine established by the local authority 5 32 pursuant to section 321.236, subsection 1. However, 5 33 violations charged by a city or county upon simple notice of a 5 34 fine instead of a uniform citation and complaint as permitted 5 35 by section 321.236, subsection 1, paragraph "a", are not 6 1 scheduled violations, and this section shall not apply to any 6 2 offense charged in that manner. For a parking violation under 6 3 section 321.362 or 461A.38, the scheduled fine is ten dollars. 6 4 DIVISION III 6 5 LAW ENFORCEMENT ACADEMY 6 6 Sec. 16. NEW SECTION. 80B.11E ACADEMY TRAINING – 6 7 APPLICATION BY INDIVIDUAL – INDIVIDUAL EXPENSE. 6 8 1. Notwithstanding any other provision of law to the 6 9 contrary, an individual who is not a certified law enforcement 6 10 officer may apply for attendance at the law enforcement 6 11 academy at their own expense if such individual is sponsored 6 12 by a law enforcement agency that either intends to hire or has 6 13 hired the individual as a law enforcement officer on the 6 14 condition that the individual meets the minimum eligibility 6 15 standards described in subsection 2. 6 16 2. An individual who submits an application pursuant to 6 17 subsection 1 shall, at a minimum, meet all minimum hiring 6 18 standards as established by academy rules, including the 6 19 successful completion of certain psychological and physical 6 20 testing examinations. In addition, such individual shall be 6 21 of good moral character as determined by a thorough background 6 22 investigation by the academy for a fee. For such purposes, 6 23 the academy shall have the authority to conduct a background 6 24 investigation of the individual, including a fingerprint 6 25 search of local, state, and national fingerprint files. 6 26 3. An individual shall not be granted permission to attend 6 27 an academy training program if such acceptance would result in 6 28 the nonacceptance of another qualifying applicant who is a law 6 29 enforcement officer. 6 30 4. An individual who has not been hired by a law 6 31 enforcement agency must be hired by a law enforcement agency 6 32 within eighteen months of completing the appropriate 6 33 coursework at the law enforcement academy in order to obtain 6 34 certification pursuant to this section. 6 35 DIVISION IV 7 1 BUDGET 7 2 Sec. 17. Section 331.436, Code 2003, is amended to read as 7 3 follows: 7 4 331.436 PROTEST. 7 5 Protests to the adopted budget must be made in accordance 7 6 with sections 24.27 through 24.32 as if the county were the 7 7 municipality under those sections except that the number of 7 8 people necessary to file a protest under this section shall 7 9 not be less than one hundred. 7 10 DIVISION V 7 11 INDEBTEDNESS REPORTING – COLLECTION OF TAXES 7 12 Sec. 18. Section 403.23, subsection 1, Code 2003, is 7 13 amended by striking the subsection and inserting in lieu 7 14 thereof the following: 7 15 1. On or before December 1 of each odd-numbered year, each 7 16 municipality that has established an urban renewal area shall 7 17 report to the department of management and to the appropriate 7 18 county auditor the total amount of loans, advances, 7 19 indebtedness, or bonds outstanding at the close of the most 7 20 recently ended fiscal year, which qualify for payment from the 7 21 special fund created in section 403.19, including interest 7 22 negotiated on such loans, advances, indebtedness, or bonds. 7 23 For purposes of this subsection, "indebtedness" includes 7 24 written agreements whereby the municipality agrees to suspend, 7 25 abate, exempt, rebate, refund, or reimburse property taxes, or 7 26 provide a grant for property taxes paid, with moneys in the 7 27 special fund. The amount of loans, advances, indebtedness, or 7 28 bonds shall be listed in the aggregate for each municipality 7 29 reporting. 7 30 Sec. 19. Section 403.23, subsections 2 and 3, Code 2003, 7 31 are amended to read as follows: 7 32 2. At the request of the legislative fiscal bureau, the 7 33 department of management shall provide the reports and 7 34 additional information to the legislative fiscal bureau. The 7 35 department of management, in consultation with the legislative 8 1 fiscal bureau, shall determine reporting criteria and shall 8 2 prepare a form for reports filed with the department pursuant 8 3 to this section. The department shall make the form available 8 4 by electronic means. 8 5 3. If a municipality does not file theannualreport with 8 6 the department of management and the county auditor by 8 7 December 1 of each odd-numbered year, the county treasurer 8 8 shall withhold disbursement of incremental taxes to the 8 9 municipality until theannualreport is filed beginning 8 10 immediately with the next following disbursement of taxes. 8 11 The county auditor shall notify the county treasurer if taxes 8 12 are to be withheld. 8 13 Sec. 20. Section 631.1, Code 2003, is amended by adding 8 14 the following new subsection: 8 15 NEW SUBSECTION. 7. The district court sitting in small 8 16 claims has concurrent jurisdiction of an action for the 8 17 collection of taxes brought by a county treasurer pursuant to 8 18 sections 445.3 and 445.4 where the amount in controversy is 8 19 five thousand dollars or less for actions commenced on or 8 20 after July 1, 2003, exclusive of interest and costs. 8 21 DIVISION VI 8 22 MUNICIPAL AND COUNTY INFRACTIONS 8 23 Sec. 21. Section 331.302, subsection 15, Code 2003, is 8 24 amended to read as follows: 8 25 15. A county shall not provide a civil penalty in excess 8 26 offiveseven hundred fifty dollars for the violation of an 8 27 ordinance which is classified as a county infraction or if the 8 28 infraction is a repeat offense, a civil penalty not to exceed 8 29seven hundred fiftyone thousand dollars for each repeat 8 30 offense. A county infraction is not punishable by 8 31 imprisonment. 8 32 Sec. 22. Section 331.307, subsection 1, Code 2003, is 8 33 amended to read as follows: 8 34 1. A county infraction is a civil offense punishable by a 8 35 civil penalty of not more thanfiveseven hundred fifty 9 1 dollars for each violation or if the infraction is a repeat 9 2 offense a civil penalty not to exceedseven hundred fiftyone 9 3 thousand dollars for each repeat offense. 9 4 Sec. 23. Section 364.3, subsection 6, Code 2003, is 9 5 amended to read as follows: 9 6 6. A city shall not provide a civil penalty in excess of 9 7fiveseven hundred fifty dollars for the violation of an 9 8 ordinance which is classified as a municipal infraction or if 9 9 the infraction is a repeat offense, a civil penalty not to 9 10 exceedseven hundred fiftyone thousand dollars for each 9 11 repeat offense. A municipal infraction is not punishable by 9 12 imprisonment. 9 13 Sec. 24. Section 364.22, subsection 1, unnumbered 9 14 paragraph 1, Code 2003, is amended to read as follows: 9 15 A municipal infraction is a civil offense punishable by a 9 16 civil penalty of not more thanfiveseven hundred fifty 9 17 dollars for each violation or if the infraction is a repeat 9 18 offense, a civil penalty not to exceedseven hundred fiftyone 9 19 thousand dollars for each repeat offense. However, 9 20 notwithstanding section 364.3, a municipal infraction arising 9 21 from noncompliance with a pretreatment standard or 9 22 requirement, referred to in 40 C.F.R. } 403.8, by an 9 23 industrial user may be punishable by a civil penalty of not 9 24 more than one thousand dollars for each day a violation exists 9 25 or continues. 9 26 DIVISION VII 9 27 TRANSACTION FEE 9 28 Sec. 25. NEW SECTION. 331.605C ELECTRONIC TRANSACTION 9 29 FEE – AUDIT. 9 30 1. For the fiscal year beginning July 1, 2003, and ending 9 31 June 30, 2004, the recorder shall collect a fee of five 9 32 dollars for each recorded transaction for which a fee is paid 9 33 pursuant to section 331.604 to be used for the purposes of 9 34 planning and implementing electronic recording and electronic 9 35 transactions in each county and developing county and 10 1 statewide internet websites to provide electronic access to 10 2 records and information. 10 3 2. Beginning July 1, 2004, the recorder shall collect a 10 4 fee of one dollar for each recorded transaction for which a 10 5 fee is paid pursuant to section 331.604 to be used for the 10 6 purpose of paying the county's ongoing costs of maintaining 10 7 the systems developed and implemented under subsection 1. 10 8 3. The county treasurer, on behalf of the recorder, shall 10 9 establish and maintain an interest-bearing account into which 10 10 all moneys collected pursuant to subsections 1 and 2 shall be 10 11 deposited. 10 12 4. The state government electronic transaction fund is 10 13 established in the office of the treasurer of state under the 10 14 control of the treasurer of state. Moneys deposited into the 10 15 fund are not subject to section 8.33. Notwithstanding section 10 16 12C.7, interest or earnings on moneys in the state government 10 17 electronic transaction fund shall be credited to the fund. 10 18 Moneys in the state government electronic transaction fund are 10 19 not subject to transfer, appropriation, or reversion to any 10 20 other fund, or any other use except as provided in this 10 21 subsection. The treasurer of state shall enter into a 10 22 contract with the Iowa state association of counties affiliate 10 23 representing county recorders to develop, implement, and 10 24 maintain a statewide internet website for purposes of 10 25 providing electronic access to records and information 10 26 recorded or filed by county recorders. On a monthly basis, 10 27 the county treasurer shall pay one dollar of each fee 10 28 collected pursuant to subsection 1 to the treasurer of state 10 29 for deposit into the state government electronic transaction 10 30 fund. Moneys credited to the state government electronic 10 31 transaction fund are appropriated to the treasurer of state to 10 32 be used for contract costs. This subsection is repealed June 10 33 30, 2004. 10 34 5. The pooled local government electronic transaction fund 10 35 is established in the office of the treasurer of state under 11 1 control of the treasurer of state. Moneys deposited into the 11 2 fund are not subject to section 8.33. Notwithstanding section 11 3 12C.7, interest or earnings on moneys in the pooled local 11 4 government electronic transaction fund shall be credited to 11 5 the fund. Moneys in the fund are not subject to transfer, 11 6 appropriation, or reversion to any other fund, or any other 11 7 use except as provided in this subsection. On a quarterly 11 8 basis, the county treasurer shall pay four dollars of each fee 11 9 collected pursuant to subsection 1 and all fees collected 11 10 pursuant to subsection 2, to the treasurer of state for 11 11 deposit into the pooled local government electronic 11 12 transaction fund. Moneys credited to the pooled local 11 13 government electronic transaction fund are appropriated to the 11 14 treasurer of state to be distributed equally to all counties 11 15 and paid to the county treasurers of each county within thirty 11 16 days after the moneys are received by the treasurer of state. 11 17 Moneys received by a county treasurer pursuant to this 11 18 subsection shall be deposited into the account established and 11 19 maintained by the county treasurer on behalf of the county 11 20 recorder under subsection 3, and shall be used by the county 11 21 recorder for the purposes set forth in subsections 1 and 2. 11 22 6. The recorder shall make available any information 11 23 required by the county auditor or auditor of state concerning 11 24 the fees collected under this section for the purposes of 11 25 determining the amount of fees collected and the uses for 11 26 which such fees are expended. 11 27 DIVISION VIII 11 28 LOCAL GOVERNMENT LEASES 11 29 Sec. 26. Section 346.27, Code 2003, is amended by adding 11 30 the following new subsection: 11 31 NEW SUBSECTION. 26. Any incorporating unit may enter into 11 32 a lease with an authority that the authority and the 11 33 incorporating unit determine is necessary and convenient to 11 34 effectuate their purposes and the purposes of this section. 11 35 The power to enter into leases under this section is in 12 1 addition to other powers granted to cities and counties to 12 2 enter into leases and the provisions of chapter 75, section 12 3 364.4, subsection 4, and section 331.301, subsection 10, are 12 4 not applicable to leases entered into under this section. 12 5 DIVISION IX 12 6 LOCAL GOVERNMENT INNOVATION FUND 12 7 Sec. 27. NEW SECTION. 8.64 LOCAL GOVERNMENT INNOVATION 12 8 FUND – COMMITTEE – LOANS. 12 9 1. The local government innovation fund is created in the 12 10 state treasury under the control of the department of 12 11 management for the purpose of stimulating and encouraging 12 12 innovation in local government by the awarding of loans to 12 13 cities and counties. 12 14 2. The director of the department of management shall 12 15 establish a seven-member committee to be called the local 12 16 government innovation fund committee. Committee members shall 12 17 have expertise in local government. The committee shall 12 18 review all requests for funds and approve loans of funds if 12 19 the committee determines that a city or county project that is 12 20 the subject of a request would result in cost savings, 12 21 innovative approaches to service delivery, or added revenue to 12 22 the city, county, or state. Eligible projects are projects 12 23 which cannot be funded from a city's or county's operating 12 24 budget without adversely affecting the city's or county's 12 25 normal service levels. Preference shall be given to requests 12 26 involving the sharing of services between two or more local 12 27 governments. Projects may include, but are not limited to, 12 28 purchase of advanced technology, contracting for expert 12 29 services, and acquisition of equipment or supplies. 12 30 3. A city or county seeking a loan from the local 12 31 government innovation fund shall complete an application form 12 32 designed by the local government innovation fund committee 12 33 which employs a return on investment concept and demonstrates 12 34 how the project funded by the loan will result in reduced 12 35 city, county, or state general fund expenditures or how city 13 1 or county fund revenues will increase without an increase in 13 2 state costs. Minimum loan requirements for city or county 13 3 requests shall be determined by the committee. 13 4 4. a. In order for the local government innovation fund 13 5 to be self-supporting, the local government innovation fund 13 6 committee shall establish repayment schedules for each loan 13 7 awarded. The loan requirements shall be outlined in a chapter 13 8 28E agreement executed between the state and the city or 13 9 county receiving the loan. A city or county shall repay the 13 10 loan over a period not to exceed five years, with interest, at 13 11 a rate to be determined by the local government innovation 13 12 fund committee. 13 13 b. The local government innovation fund committee shall 13 14 utilize the department of management, the department of 13 15 revenue and finance, or other source of technical expertise 13 16 designated by the committee to certify savings projected for a 13 17 local government innovation fund project. 13 18 5. Notwithstanding section 12C.7, subsection 2, interest 13 19 or earnings on moneys deposited in the local government 13 20 innovation fund shall be credited to the local government 13 21 innovation fund. Notwithstanding section 8.33, moneys 13 22 appropriated to and moneys remaining in the local government 13 23 innovation fund at the end of a fiscal year shall not revert 13 24 to the general fund of the state. 13 25 Sec. 28. LOCAL GOVERNMENT INNOVATION FUND APPROPRIATION. 13 26 There is appropriated from the general fund of the state to 13 27 the department of management for the fiscal year beginning 13 28 July 1, 2003, and ending June 30, 2004, the following amount, 13 29 or so much thereof as is necessary, to be used for the purpose 13 30 designated: 13 31 For deposit in the local government innovation fund created 13 32 in section 8.64: 13 33 .................................................. $ 10,000,000 13 34 Notwithstanding section 8.64, subsection 4, as enacted by 13 35 this division of this Act, the local government innovation 14 1 fund committee may provide up to 20 percent of the amount 14 2 appropriated in this section in the form of forgivable loans 14 3 or as grants for those projects that propose a new and 14 4 innovative sharing initiative that would serve as an important 14 5 model for cities and counties. 14 6 DIVISION X 14 7 STUDY OF CITY AND COUNTY REGULATION BY THE 14 8 DEPARTMENT OF NATURAL RESOURCES 14 9 Sec. 29. STUDY. The legislative council shall establish a 14 10 study committee for the 2003 interim to review the department 14 11 of natural resources' enforcement and penalty policies 14 12 relating to regulation of cities and counties. The study 14 13 committee shall review options for changing the department's 14 14 approach to enforcement from reliance on punitive measures to 14 15 a collaborative approach. In addition, the amounts of fines 14 16 shall be reviewed along with the possibility of designating a 14 17 portion of a fine to be applied against the costs of 14 18 compliance with the departmental regulation. 14 19 DIVISION XI 14 20 CHARGE FOR CAPITAL ASSETS 14 21 Sec. 30. CHARGE FOR CAPITAL ASSETS. For the fiscal year 14 22 beginning July 1, 2003, and ending June 30, 2004, the 14 23 department of management shall levy a charge against 14 24 departments and establishments, as defined in section 8.2, for 14 25 indirect costs associated with state ownership of land, 14 26 buildings, equipment, or other capital assets controlled by a 14 27 department or establishment. The charges shall not be levied 14 28 against capital assets that are subject to charges levied by 14 29 the department of administrative services, if the department 14 30 is established by law, or against capital assets controlled by 14 31 the state board of regents. Moneys received as a result of 14 32 charges made under this section shall be transferred to the 14 33 fund from which the moneys were originally appropriated. The 14 34 total amount of charges levied under this section that are 14 35 associated with appropriations made from the general fund of 15 1 the state for the fiscal year shall not exceed $1,720,000. 15 2 Sec. 31. CHARGE FOR CAPITAL – APPROPRIATIONS REDUCTION – 15 3 STATE BOARD OF REGENTS – STUDY. 15 4 1. In lieu of applying a charge for capital assets to the 15 5 institutions under the control of the state board of regents 15 6 as otherwise provided in this division for executive branch 15 7 agencies, the appropriations made from the general fund of the 15 8 state to the state board of regents for the general university 15 9 operating budgets at the state university of Iowa, Iowa state 15 10 university of science and technology, and university of 15 11 northern Iowa, in 2003 Iowa Acts, House File 662, section 9, 15 12 subsections 2, 3, and 4, are reduced by $17,880,000. The 15 13 state board of regents shall apply the reduction as follows: 15 14 state university of Iowa, 46.7 percent, Iowa state university 15 15 of science and technology, 36.8 percent, and university of 15 16 northern Iowa, 16.5 percent. 15 17 2. The legislative council shall authorize a study for the 15 18 2003 legislative interim on the policy option of levying 15 19 charges for capital assets against all state agencies, 15 20 including the state board of regents. The study 15 21 recommendations and findings shall include but are not limited 15 22 to identification of the capital assets that should be subject 15 23 to charges and how capital assets funded by sources other than 15 24 state funding should be charged. The study report, including 15 25 findings and recommendations, shall be submitted to the 15 26 general assembly for consideration during the 2004 legislative 15 27 session. The study shall be conducted by a study committee 15 28 consisting of the following: one member designated by the 15 29 state board of regents, one member representing the department 15 30 of management designated by the department's director, one 15 31 member representing the state department of transportation 15 32 appointed by the department's director, one member 15 33 representing the judicial branch appointed by the chief 15 34 justice of the supreme court, one member who is a member of 15 35 the general assembly jointly appointed by the majority leader 16 1 of the senate and the speaker of the house of representatives, 16 2 and one member who is a member of the general assembly jointly 16 3 appointed by the minority leader of the senate and the 16 4 minority leader of the house of representatives. A 16 5 chairperson or cochairpersons shall be designated by the 16 6 legislative council. 16 7 DIVISION XII 16 8 CHARTER AGENCIES 16 9 Sec. 32. NEW SECTION. 7J.1 CHARTER AGENCIES. 16 10 1. DESIGNATION OF CHARTER AGENCIES – PURPOSE. The 16 11 governor may, by executive order, designate up to five state 16 12 departments or agencies, as described in section 7E.5, other 16 13 than the department of administrative services, if the 16 14 department is established in law, or the department of 16 15 management, as a charter agency by July 1, 2003. The 16 16 designation of a charter agency shall be for a period of five 16 17 years which shall terminate as of June 30, 2008. The purpose 16 18 of designating a charter agency is to grant the agency 16 19 additional authority as provided by this chapter while 16 20 reducing the total appropriations to the agency. 16 21 2. CHARTER AGENCY DIRECTORS. 16 22 a. Prior to each fiscal year, or as soon thereafter as 16 23 possible, the governor and each director of a designated 16 24 charter agency shall enter into an annual performance 16 25 agreement which shall set forth measurable organization and 16 26 individual goals for the director in key operational areas of 16 27 the director's agency. The annual performance agreement shall 16 28 be made public and a copy of the agreement shall be submitted 16 29 to the general assembly. 16 30 b. In addition to the authority granted the governor as to 16 31 the appointment and removal of a director of an agency that is 16 32 a charter agency, the governor may remove a director of a 16 33 charter agency for misconduct or for failure to achieve the 16 34 performance goals set forth in the annual performance 16 35 agreement. 17 1 c. Notwithstanding any provision of law to the contrary, 17 2 the governor may set the salary of a director of a charter 17 3 agency under the pay plan for exempt positions in the 17 4 executive branch of government. In addition, the governor may 17 5 authorize the payment of a bonus to a director of a charter 17 6 agency in an amount not in excess of fifty percent of the 17 7 director's annual rate of pay, based upon the governor's 17 8 evaluation of the director's performance in relation to the 17 9 goals set forth in the annual performance agreement. 17 10 d. A director of a charter agency may authorize the 17 11 payment of bonuses to employees of the charter agency in a 17 12 total amount not in excess of fifty percent of the director's 17 13 annual rate of pay, based upon the director's evaluation of 17 14 the employees' performance. 17 15 3. APPROPRIATIONS AND ASSET MANAGEMENT. 17 16 a. It is the intent of the general assembly that 17 17 appropriations to a charter agency for any fiscal year shall 17 18 be reduced, with a target reduction of ten percent for each 17 19 charter agency, from the appropriation that would otherwise 17 20 have been enacted for that charter agency. 17 21 b. Notwithstanding any provision of law to the contrary, 17 22 proceeds from the sale or lease of capital assets that are 17 23 under the control of a charter agency shall be retained by the 17 24 charter agency and used for such purposes within the scope of 17 25 the responsibilities of the charter agency. 17 26 c. Notwithstanding section 8.33, one-half of all 17 27 unencumbered or unobligated balances of appropriations made 17 28 for each fiscal year of that fiscal period to the charter 17 29 agency shall not revert to the state treasury or to the credit 17 30 of the funds from which the appropriations were made. 17 31 d. For the fiscal period beginning July 1, 2003, and 17 32 ending June 30, 2005, a charter agency is not subject to a 17 33 uniform reduction ordered by the governor in accordance with 17 34 section 8.31. 17 35 4. PERSONNEL MANAGEMENT. 18 1 a. Notwithstanding any provision of law to the contrary, a 18 2 charter agency shall not be subject to any limitation relating 18 3 to the number of or pay grade assigned to its employees, 18 4 including any limitation on the number of full-time equivalent 18 5 positions as defined by section 8.36A. 18 6 b. A charter agency may waive any personnel rule and may 18 7 exercise the authority granted to the department of personnel, 18 8 or its successor, relating to personnel management concerning 18 9 employees of the charter agency, subject to any restrictions 18 10 on such authority as to employees of the charter agency 18 11 covered by a collective bargaining agreement. The exclusive 18 12 representative of employees of a charter agency may enter into 18 13 agreements with the charter agency to grant the charter agency 18 14 the authority described in this paragraph. A waiver of a rule 18 15 pursuant to this subsection shall be indexed, filed, and made 18 16 available for public inspection in the same manner as provided 18 17 in section 17A.9A, subsection 4. 18 18 5. PROCUREMENT AND GENERAL SERVICES. A charter agency may 18 19 waive any administrative rule regarding procurement, fleet 18 20 management, printing and copying, or maintenance of buildings 18 21 and grounds, and may exercise the authority of the department 18 22 of general services, or its successor, as it relates to the 18 23 physical resources of the state. A waiver of a rule pursuant 18 24 to this subsection shall be indexed, filed, and made available 18 25 for public inspection in the same manner as provided in 18 26 section 17A.9A, subsection 4. 18 27 6. INFORMATION TECHNOLOGY. A charter agency may waive any 18 28 administrative rule regarding the acquisition and use of 18 29 information technology and may exercise the powers of the 18 30 information technology department, or its successor, as it 18 31 relates to information technology. A waiver of a rule 18 32 pursuant to this subsection shall be indexed, filed, and made 18 33 available for public inspection in the same manner as provided 18 34 in section 17A.9A, subsection 4. 18 35 7. RULE FLEXIBILITY. 19 1 a. A charter agency may temporarily waive or suspend the 19 2 provisions of any administrative rule if strict compliance 19 3 with the rule impacts the ability of the charter agency 19 4 requesting the waiver or suspension to perform its duties in a 19 5 more cost-efficient manner and the requirements of this 19 6 subsection are met. 19 7 b. The procedure for granting a temporary waiver or 19 8 suspension of any administrative rule shall be as follows: 19 9 (1) The charter agency may waive or suspend a rule if the 19 10 agency finds, based on clear and convincing evidence, all of 19 11 the following: 19 12 (a) The application of the rule poses an undue financial 19 13 hardship on the applicable charter agency. 19 14 (b) The waiver or suspension from the requirements of a 19 15 rule in the specific case would not prejudice the substantial 19 16 legal rights of any person. 19 17 (c) Substantially equal protection of public health, 19 18 safety, and welfare will be afforded by a means other than 19 19 that prescribed in the particular rule for which the waiver or 19 20 suspension is requested. 19 21 (d) The waiver or suspension would not result in a 19 22 violation of due process, a violation of state or federal law, 19 23 or a violation of the state or federal constitution. 19 24 (2) If a charter agency proposes to grant a waiver or 19 25 suspension, the charter agency shall draft the waiver or 19 26 suspension so as to provide the narrowest exception possible 19 27 to the provisions of the rule and may place any condition on 19 28 the waiver or suspension that the charter agency finds 19 29 desirable to protect the public health, safety, and welfare. 19 30 The charter agency shall then submit the waiver or suspension 19 31 to the administrative rules review committee for consideration 19 32 at the committee's next scheduled meeting. 19 33 (3) The administrative rules review committee shall review 19 34 the proposed waiver or suspension at the committee's next 19 35 scheduled meeting following submission of the proposal and may 20 1 either take no action or affirmatively approve the waiver or 20 2 suspension, or delay the effective date of the waiver or 20 3 suspension in the same manner as for rules as provided in 20 4 section 17A.4, subsection 5, and section 17A.8, subsection 9. 20 5 If the administrative rules review committee either approves 20 6 or takes no action concerning the proposed waiver or 20 7 suspension, the waiver or suspension may become effective no 20 8 earlier than the day following the meeting. If the 20 9 administrative rules review committee delays the effective 20 10 date of the waiver or suspension but no further action is 20 11 taken to rescind the waiver or suspension, the proposed waiver 20 12 or suspension may become effective no earlier than upon the 20 13 conclusion of the delay. The administrative rules review 20 14 committee shall notify the applicable charter agency of its 20 15 action concerning the proposed waiver or suspension. 20 16 (4) Copies of the grant or denial of a waiver or 20 17 suspension under this subsection shall be filed and made 20 18 available to the public by the applicable charter agency. 20 19 c. A waiver or suspension granted pursuant to this 20 20 subsection shall be for a period of time not to exceed twelve 20 21 months or until June 30, 2008, whichever first occurs, and as 20 22 determined by the applicable charter agency. A renewal of a 20 23 temporary waiver or suspension granted pursuant to this 20 24 section shall be granted or denied in the same manner as the 20 25 initial waiver or suspension. 20 26 8. REPORTING REQUIREMENTS. 20 27 a. Each charter agency shall submit a written report to 20 28 the general assembly by December 31 of each year summarizing 20 29 the activities of the charter agency for the preceding fiscal 20 30 year. The report shall include information concerning the 20 31 expenditures of the agency and the number of filled full-time 20 32 equivalent positions during the preceding fiscal year. The 20 33 report shall include information relating to the actions taken 20 34 by the agency pursuant to the authority granted by this 20 35 section. 21 1 b. By January 15, 2008, the governor shall submit a 21 2 written report to the general assembly on the operation and 21 3 effectiveness of this chapter and the costs and savings 21 4 associated with the implementation of this chapter. The 21 5 report shall include any recommendations about extending the 21 6 chapter's effectiveness beyond June 30, 2008. 21 7 9. DEPARTMENT OF MANAGEMENT REVIEW. Each proposed waiver 21 8 or suspension of an administrative rule as authorized by this 21 9 section shall be submitted to the department of management for 21 10 review prior to the waiver or suspension becoming effective. 21 11 The director of the department of management may disapprove 21 12 the waiver or suspension if, based on clear and convincing 21 13 evidence, the director determines that the suspension or 21 14 waiver would result in an adverse financial impact on the 21 15 state. 21 16 Sec. 33. NEW SECTION. 7J.2 CHARTER AGENCY LOAN FUND. 21 17 1. A charter agency loan fund is created in the state 21 18 treasury under the control of the department of management for 21 19 the purpose of providing funding to support innovation by 21 20 those state agencies designated as charter agencies in 21 21 accordance with section 7J.1. Innovation purposes shall 21 22 include but are not limited to training, development of 21 23 outcome measurement systems, management system modifications, 21 24 and other modifications associated with transition of 21 25 operations to charter agency status. Moneys in the fund are 21 26 appropriated to the department of management for the purposes 21 27 described in this subsection. 21 28 2. A charter agency requesting a loan from the fund shall 21 29 complete an application process designated by the director of 21 30 the department of management. Minimum loan requirements for 21 31 charter agency requests shall be determined by the director. 21 32 3. In order for the fund to be self-supporting, the 21 33 director of the department of management shall establish 21 34 repayment schedules for each loan awarded. An agency shall 21 35 repay the loan over a period not to exceed five years with 22 1 interest, at a rate to be determined by the director. 22 2 4. Notwithstanding section 12C.7, subsection 2, interest 22 3 or earnings on moneys deposited in the charter agency loan 22 4 fund shall be credited to the charter agency loan fund. 22 5 Notwithstanding section 8.33, moneys credited to the charter 22 6 agency loan fund shall not revert to the fund from which 22 7 appropriated at the close of a fiscal year. 22 8 Sec. 34. NEW SECTION. 7J.3 REPEAL. 22 9 This chapter is repealed June 30, 2008. 22 10 Sec. 35. CHARTER AGENCY APPROPRIATIONS. 22 11 1. Notwithstanding any provision of law to the contrary, 22 12 the total appropriations from the general fund of the state to 22 13 those departments and agencies designated as charter agencies 22 14 for the fiscal year beginning July 1, 2003, and ending June 22 15 30, 2004, as provided by the appropriation to those agencies 22 16 as enacted by the Eightieth General Assembly, 2003 Regular 22 17 Session, shall be reduced by $15,000,000. The department of 22 18 management shall apply the appropriation reductions, with a 22 19 target of a 10 percent reduction for each charter agency, as 22 20 necessary to achieve the overall reduction amount and shall 22 21 make this information available to the legislative fiscal 22 22 committee and the legislative fiscal bureau. It is the intent 22 23 of the general assembly that appropriations to a charter 22 24 agency in subsequent fiscal years shall be similarly adjusted 22 25 from the appropriation that would otherwise have been enacted. 22 26 2. There is appropriated from the general fund of the 22 27 state to the department of management for the fiscal year 22 28 beginning July 1, 2003, and ending June 30, 2004, the 22 29 following amount, or so much thereof as is necessary, to be 22 30 used for the purposes designated: 22 31 For deposit in the charter agency loan fund created in 22 32 section 7J.2: 22 33 .................................................. $ 3,000,000 22 34 3. For the fiscal year beginning July 1, 2003, and ending 22 35 June 30, 2004, if the actual amount of revenue received by a 23 1 charter agency exceeds the revenue amount budgeted for that 23 2 charter agency by the governor and the general assembly, the 23 3 charter agency may consider the excess amount to be repayment 23 4 receipts as defined in section 8.2. 23 5 Sec. 36. EFFECTIVE DATE. This division of this Act, being 23 6 deemed of immediate importance, takes effect upon enactment. 23 7 DIVISION XIII 23 8 HEALTH INSURANCE INCENTIVE 23 9 Sec. 37. STATE EMPLOYEE HEALTH INSURANCE COSTS – 23 10 INCENTIVE PROGRAM. The department of personnel, or its 23 11 successor, may establish, with the approval of the executive 23 12 council, an incentive program for state employees to encourage 23 13 the reduction of health insurance costs for the fiscal year 23 14 beginning July 1, 2003. If established, the incentive program 23 15 shall provide that an amount equal to one-half of any savings 23 16 realized through implementation of the program shall be 23 17 distributed to applicable insured state employees in a manner 23 18 established by the incentive program. The department shall 23 19 provide the legislative government oversight committee with a 23 20 copy of the proposed incentive program submitted to the 23 21 executive council for approval. The department shall also 23 22 submit a written update to the legislative government 23 23 oversight committee by December 31, 2003, concerning its 23 24 progress in implementing an incentive program. 23 25 DIVISION XIV 23 26 AREA EDUCATION AGENCIES 23 27 Sec. 38. AREA EDUCATION AGENCY SERVICE DELIVERY TASK 23 28 FORCE. 23 29 1. The department of education shall establish a task 23 30 force to study the delivery of media services, educational 23 31 services, and special education support services by the area 23 32 education agencies. The task force shall study issues 23 33 including, but not limited to, all of the following: 23 34 a. The potentiality of a fee for services, such as 23 35 cooperative purchasing. 24 1 b. The potential effects of allowing school districts to 24 2 petition to join a noncontiguous area education agency. 24 3 c. Opportunities for area education agencies to 24 4 collaborate with community colleges and other higher education 24 5 institutions, local libraries, and other community providers. 24 6 d. Special education delivery by area education agencies 24 7 and school districts, including the state's success in serving 24 8 students identified as level I. This portion of the study 24 9 shall also include a review of identification of students as 24 10 level I; remediation, the success of preventative programs, 24 11 including but not limited to, the early intervention block 24 12 grant program; intensive instruction and tutoring; and 24 13 appropriate reading instruction methodologies. 24 14 e. Reduction of special education funding deficits, 24 15 including a review of the use of state and federal funds for 24 16 special education and related preventative programs. 24 17 2. The task force membership shall include all of the 24 18 following: 24 19 a. The director of the department of education or the 24 20 director's designee. 24 21 b. An area education agency administrator. 24 22 c. A person representing the interests of special 24 23 education students. 24 24 d. A superintendent of a district with an enrollment of 24 25 more than six hundred students. 24 26 e. A superintendent of a district with an enrollment of 24 27 six hundred or fewer students. 24 28 f. A person from the private sector with experience in 24 29 developing plans for cost savings. 24 30 g. A person who is a private provider of special education 24 31 services. 24 32 h. An administrator of an accredited nonpublic school. 24 33 i. Ten members of the general assembly, including five 24 34 senators appointed by the president of the senate after 24 35 consultation with the majority and minority leaders of the 25 1 senate, and five representatives appointed by the speaker of 25 2 the house of representatives after consultation with the 25 3 majority and minority leaders of the house of representatives. 25 4 3. The department shall submit its findings and 25 5 recommendations in a report to the chairpersons and ranking 25 6 members of the senate and house standing committees on 25 7 education and the joint appropriations subcommittee on 25 8 education by December 15, 2003. 25 9 Sec. 39. SPECIAL EDUCATION SUPPORT SERVICES BALANCE 25 10 REDUCTION. 25 11 1. For the fiscal year beginning July 1, 2003, and ending 25 12 June 30, 2004, area education agency special education support 25 13 services fund balances shall be reduced, with each area 25 14 education agency remitting to the state the following 25 15 designated amount: 25 16 a. Area Education Agency 1 ................... $ 517,120 25 17 b. Area Education Agency 4 ................... $ 221,604 25 18 c. Area Education Agencies 3 and 5, and their 25 19 successor area education agency .................. $ 995,807 25 20 d. Area Education Agencies 2, 6, 7, and their 25 21 successor area education agency .................. $ 913,710 25 22 e. Area Education Agency 9 ................... $ 468,138 25 23 f. Area Education Agency 10 .................. $ 964,357 25 24 g. Area Education Agency 11 .................. $ 3,620,018 25 25 h. Area Education Agency 12 .................. $ 512,949 25 26 i. Area Education Agency 13 .................. $ 666,285 25 27 j. Area Education Agency 14 .................. $ 405,065 25 28 k. Area Education Agency 15 .................. $ 413,282 25 29 l. Area Education Agency 16 .................. $ 301,664 25 30 2. Notwithstanding the provisions of section 257.37, an 25 31 area education agency may use the funds determined to be 25 32 available under section 257.35 in a manner which it believes 25 33 is appropriate to best maintain the level of required area 25 34 education agency special education services. An area 25 35 education agency may also use unreserved fund balances for 26 1 media services or education services in a manner which it 26 2 believes is appropriate to best maintain the level of required 26 3 area education agency special education services. 26 4 Sec. 40. Section 257.35, subsection 2, Code 2003, is 26 5 amended to read as follows: 26 6 2. Notwithstanding subsection 1, the state aid for area 26 7 education agencies and the portion of the combined district 26 8 cost calculated for these agencies foreachthe fiscal yearof26 9the fiscal period beginning July 1, 2002, and ending June 30,26 102004beginning July 1, 2002, and each succeeding fiscal year, 26 11 shall be reduced by the department of management by seven 26 12 million five hundred thousand dollars. The reduction for each 26 13 area education agency shall be equal to the reduction that the 26 14 agency received in the fiscal year beginning July 1, 2001. 26 15 Sec. 41. Section 257.35, Code 2003, is amended by adding 26 16 the following new subsection: 26 17 NEW SUBSECTION. 3. Notwithstanding subsection 1, and in 26 18 addition to the reduction applicable pursuant to subsection 2, 26 19 the state aid for area education agencies and the portion of 26 20 the combined district cost calculated for these agencies for 26 21 the fiscal year beginning July 1, 2003, and ending June 30, 26 22 2004, shall be reduced by the department of management by ten 26 23 million dollars. The department shall calculate a reduction 26 24 such that each area education agency shall receive a reduction 26 25 proportionate to the amount that it would otherwise have 26 26 received under this section if the reduction imposed pursuant 26 27 to this subsection did not apply. 26 28 Sec. 42. Section 257.37, subsection 6, Code 2003, is 26 29 amended to read as follows: 26 30 6. For the budgetyearsyear beginning July 1, 2002, and 26 31July 1, 2003each succeeding budget year, notwithstanding the 26 32 requirements of this section for determining the budgets and 26 33 funding of media services and education services, an area 26 34 education agency may, within the limits of the total of the 26 35 funds provided for the budget years pursuant to section 27 1 257.35, expend for special education support services an 27 2 amount that exceeds the payment for special education support 27 3 services pursuant to section 257.35 in order to maintain the 27 4 level of required special education support services in the 27 5 area education agency. 27 6 Sec. 43. EFFECTIVE DATE. This division of this Act, being 27 7 deemed of immediate importance, takes effect upon enactment. 27 8 DIVISION XV 27 9 CHILD WELFARE SERVICES 27 10 Sec. 44. CHILD WELFARE SERVICES SYSTEM REDESIGN. 27 11 1. PURPOSE. The department of human services shall 27 12 initiate a process for improving the outcomes for families in 27 13 this state who become involved with the state system for child 27 14 welfare and juvenile justice by implementing a system redesign 27 15 to transition to an outcomes-based system for children 27 16 identified in this section. The outcomes-based system shall 27 17 be organized based upon the federal and state child welfare 27 18 outcomes and expectations and shall address the following 27 19 purposes for the children and families involved with the state 27 20 system: 27 21 a. Safety. 27 22 (1) Children are, first and foremost, protected from abuse 27 23 and neglect. 27 24 (2) Children are safely maintained in the children's homes 27 25 with family, whenever possible. 27 26 b. Permanency. 27 27 (1) Children have permanency and stability in the 27 28 children's living situations. 27 29 (2) The continuity of children's family relationships and 27 30 community connections is preserved. 27 31 c. Child and family well-being. 27 32 (1) Family capacity to provide for the needs of the 27 33 children who are part of the family is enhanced. 27 34 (2) Children receive appropriate services to meet the 27 35 children's educational needs. 28 1 (3) Children receive additional services that are 28 2 appropriate to meet the children's physical and mental health 28 3 needs. 28 4 (4) Youth who are becoming adults and leaving the service 28 5 system for children will receive appropriate services to make 28 6 the transition to become self-sufficient and contributing 28 7 members of the community. 28 8 d. Public safety. Communities are protected from juvenile 28 9 crime. 28 10 e. Accountability. Communities are made whole through 28 11 completion of community service activities assigned to 28 12 juvenile offenders. 28 13 f. Rehabilitation. Youth receive appropriate services and 28 14 make measurable progress toward acquiring the skills that are 28 15 essential to law-abiding, productive citizens. 28 16 2. CHILDREN INVOLVED. The service system redesign shall 28 17 address the needs of children who are referred to the 28 18 department of human services or juvenile court services, 28 19 including but not limited to all of the following: 28 20 a. Children adjudicated as a child in need of assistance 28 21 under chapter 232. 28 22 b. Children adjudicated delinquent under chapter 232 or 28 23 alleged to have committed a delinquent act and identified in a 28 24 police report or other formal complaint received by juvenile 28 25 court services. 28 26 c. Children subject to emergency removal under chapter 232 28 27 or placed for emergency care under section 232.20 or 232.21. 28 28 d. Children identified through a child abuse assessment 28 29 conducted in accordance with section 232.71B as being at risk 28 30 of harm from maltreatment due to child abuse. 28 31 3. DESIGN PRINCIPLES. The service system redesign shall 28 32 incorporate all of the following design principles: 28 33 a. Outcomes can be achieved in the most efficient and 28 34 cost-effective manner possible. 28 35 b. The roles of public and private child welfare staff and 29 1 the state institutions in the redesigned system's delivery 29 2 model are clarified. 29 3 c. The financing structure maximizes state and federal 29 4 funding with as much flexibility as possible and directs funds 29 5 to services and other support based upon the needs of children 29 6 and families. 29 7 d. The methodology for purchasing performance outcomes 29 8 includes definitions of performance expectations, 29 9 reimbursement provisions, financial incentives, provider 29 10 flexibility provisions, and viable protection provisions for 29 11 children, the state, and providers. 29 12 e. The regulatory and contract monitoring approaches are 29 13 designed to assure effective oversight and quality and to 29 14 address federal program and budget accountability 29 15 expectations, with appropriate recognition of the need to 29 16 balance the impact upon service providers. 29 17 f. The administrative aspects address system planning and 29 18 support, data collection, management information systems, 29 19 training, policy development, and budgeting. 29 20 4. DESIGN CONSIDERATIONS. The service system redesign 29 21 shall address all of the following design considerations: 29 22 a. Successful outcome and performance-based system changes 29 23 made in other states and communities are incorporated. 29 24 b. Linkages are made with the existing community planning 29 25 efforts and partnerships are promoted with parents, the 29 26 courts, the department, and service providers. The redesign 29 27 shall build upon successful Iowa programs such as community 29 28 partnerships for protecting children, child welfare funding 29 29 decategorization projects, and quality service reviews. 29 30 c. Federal program and budget accountability expectations 29 31 are addressed. 29 32 d. Linkages with other critical service systems are 29 33 effectively incorporated, including but not limited to the 29 34 systems for mental health, domestic abuse, and substance abuse 29 35 services, and the judicial branch. 30 1 e. Options are considered for implementation of an acuity- 30 2 based, case rate system that offers bonuses or other 30 3 incentives for providers that achieve identified results and 30 4 for providers that are able to develop strategic and 30 5 collaborative relationships with other providers. 30 6 f. Policy options are developed to address the needs of 30 7 difficult-to-treat children, such as no-eject, no-reject time 30 8 periods. 30 9 g. Implementation of evidence-based and continuous 30 10 learning practices are promoted in the public and private 30 11 sectors in order to measure and improve outcomes. 30 12 5. REDESIGN PLANNING PROCESS. The department of human 30 13 services shall implement an inclusive process for the service 30 14 system redesign utilizing a stakeholder panel to involve a 30 15 broad spectrum of input into the redesign planning, design, 30 16 implementation, and evaluation process. The stakeholder panel 30 17 membership may include but is not limited to representation 30 18 from all of the following: 30 19 a. Service consumers. 30 20 b. Judicial branch and justice system. 30 21 c. Service providers. 30 22 d. Community-based collaboration efforts such as child 30 23 welfare decategorization projects and community partnership 30 24 for child protection projects. 30 25 e. Foster and adoptive parents. 30 26 f. Advocacy groups. 30 27 g. Departmental staff. 30 28 h. Education and special education practitioners. 30 29 i. Others. 30 30 6. LEGISLATIVE MONITORING. A six-member legislative 30 31 committee is established to monitor the service system 30 32 redesign planning and implementation. The members shall be 30 33 appointed as follows: two members by the senate majority 30 34 leader, one member by the senate minority leader, two members 30 35 by the speaker of the house of representatives, and one member 31 1 by the minority leader of the house of representatives. The 31 2 committee shall provide advice and consultation to the 31 3 department and consider any legislative changes that may be 31 4 needed for implementation. 31 5 7. IMPLEMENTATION. The following implementation 31 6 provisions apply to the service system redesign: 31 7 a. Implementation of the redesign plan shall begin no 31 8 later than January 1, 2004. 31 9 b. The department of human services may adopt emergency 31 10 rules under section 17A.4, subsection 2, and section 17A.5, 31 11 subsection 2, paragraph "b", to implement the provisions of 31 12 this section and the rules shall be effective immediately upon 31 13 filing or on a later date specified in the rules, unless the 31 14 effective date is delayed by the administrative rules review 31 15 committee. Any rules adopted in accordance with this 31 16 paragraph shall not take effect before the rules are reviewed 31 17 by the administrative rules review committee. The delay 31 18 authority provided to the administrative rules review 31 19 committee under section 17A.4, subsection 5, and section 31 20 17A.8, subsection 9, shall be applicable to a delay imposed 31 21 under this paragraph, notwithstanding a provision in those 31 22 sections making them inapplicable to section 17A.5, subsection 31 23 2, paragraph "b". Any rules adopted in accordance with this 31 24 paragraph shall also be published as a notice of intended 31 25 action as provided in section 17A.4. 31 26 c. The director of human services shall seek any federal 31 27 waiver or federal plan amendment relating to funding provided 31 28 under Title IV-B, IV-E, or XIX of the federal Social Security 31 29 Act necessary to implement the service system redesign. 31 30 8. STATUTORY REQUIREMENTS. The requirements of sections 31 31 18.6 and 72.3 and the administrative rules implementing 31 32 section 8.47 are not applicable to the services procurement 31 33 process used to implement the outcomes-based service system 31 34 redesign in accordance with this section. The department of 31 35 human services may enter into competitive negotiations and 32 1 proposal modifications with each successful contractor as 32 2 necessary to implement the provisions of this section. 32 3 9. APPROPRIATIONS REDUCTION. The appropriations made from 32 4 the general fund of the state to the department of human 32 5 services for the fiscal year beginning July 1, 2003, and 32 6 ending June 30, 2004, in 2003 Iowa Acts, House File 667, if 32 7 enacted, for services, staffing, and support related to the 32 8 service system redesign are reduced by $10,000,000. The 32 9 governor shall apply the appropriations reductions on or 32 10 before January 1, 2004, following consultation with the 32 11 director of human services, the council on human services, and 32 12 the legislative monitoring committee established pursuant to 32 13 this section. The appropriations subject to reduction shall 32 14 include but are not limited to the appropriations made for 32 15 child and family services, field operations, medical 32 16 assistance program, and general administration. The 32 17 appropriations reductions applied by the governor shall be 32 18 reported to the general assembly on the date the reductions 32 19 are applied. If the judicial branch reports a revision to the 32 20 judicial branch budget for juvenile court services making a 32 21 reduction as a result of the service system redesign, the 32 22 amount of the reductions applied by the governor shall be 32 23 reduced by the same amount. 32 24 Sec. 45. CHILD WELFARE SYSTEM REDESIGN. There is 32 25 appropriated from the general fund of the state to the 32 26 department of human services for the fiscal year beginning 32 27 July 1, 2003, and ending June 30, 2004, the following amounts, 32 28 or so much thereof as is necessary, to be used for the 32 29 purposes designated: 32 30 1. For training of service providers and departmental 32 31 employees in performance contracting, new service roles, and 32 32 other skills and information related to the redesign of the 32 33 child welfare service system, and for the development of a 32 34 statewide information system for implementation of changes 32 35 associated with the service system redesign: 33 1 .................................................. $ 1,200,000 33 2 2. For deposit in a provider loan fund, which shall be 33 3 created in the office of the treasurer of state under the 33 4 authority of the department of human services, to be used to 33 5 assist child welfare service providers with short-term cash 33 6 flow needs: 33 7 .................................................. $ 1,000,000 33 8 Moneys in the provider loan fund are appropriated to the 33 9 department for use in accordance with this subsection. The 33 10 department shall determine the length and interest rate for 33 11 loans, if any. Loan repayment proceeds shall be credited to 33 12 the provider loan fund and are appropriated to the department 33 13 to be used for other loans. 33 14 Sec. 46. Section 2C.9, Code 2003, is amended by adding the 33 15 following new subsection: 33 16 NEW SUBSECTION. 1A. Investigate, on complaint or on the 33 17 citizens' aide's own motion, any administrative action of any 33 18 person providing child welfare or juvenile justice services 33 19 under contract with an agency that is subject to investigation 33 20 by the citizens' aide. The person shall be considered to be 33 21 an agency for purposes of the citizens' aide's investigation. 33 22 DIVISION XVI 33 23 DEPARTMENT OF HUMAN SERVICES REINVENTION 33 24 Sec. 47. APPROPRIATIONS REDUCTION. The appropriations 33 25 made from the general fund of the state for the fiscal year 33 26 beginning July 1, 2003, and ending June 30, 2004, to the 33 27 department of human services in 2003 Iowa Acts, House File 33 28 667, if enacted, are reduced by $300,000 to reflect the 33 29 anticipated savings from the electronic payment of benefits 33 30 and billings implemented pursuant to this division of this 33 31 Act. The governor shall apply the appropriations reductions 33 32 on or before January 1, 2004, following consultation with the 33 33 director of human services and the council on human services. 33 34 The appropriations reductions applied by the governor shall be 33 35 reported to the general assembly on the date the reductions 34 1 are applied. 34 2 Sec. 48. SYSTEM EFFICIENCIES – ELECTRONIC BILLING AND 34 3 PAYMENT – COMPATIBILITY – COMMUNICATIONS. 34 4 1. The department of human services shall develop a plan 34 5 to provide all provider payments under the medical assistance 34 6 program on an electronic basis by June 30, 2005. 34 7 2. The department of human services shall submit a plan to 34 8 implement an electronic billing and payment system for child 34 9 care providers to the governor and the general assembly by 34 10 January 1, 2004. 34 11 3. In developing any billing, payment, or eligibility 34 12 systems, the department of human services shall ensure that 34 13 the systems are compatible. 34 14 4. The department of human services shall investigate 34 15 measures to increase effective and efficient communications 34 16 with clients, including but not limited to reducing 34 17 duplicative mailings, and shall submit a report of 34 18 recommendations to the governor and the general assembly by 34 19 January 1, 2004. 34 20 Sec. 49. MEDICAL ASSISTANCE PROGRAM REDESIGN. 34 21 1. The department of human services shall establish a work 34 22 group in cooperation with representatives of the insurance 34 23 industry to develop a plan for the redesign of the medical 34 24 assistance program. In developing the redesign plan, the work 34 25 group shall consider all of the following: 34 26 a. Iowa's medical assistance program cannot be sustained 34 27 in a manner that provides care for participants at the current 34 28 rate of growth. 34 29 b. Iowans deserve a health care safety net that provides 34 30 health care that is timely, effective, and responsive to 34 31 individual needs. 34 32 c. Iowans would be better served, at a lower cost to 34 33 taxpayers, if persons who are at risk of becoming medical 34 34 assistance recipients due to their income, health, and 34 35 insurance status could be identified and insured. 35 1 d. Iowa's children and families would benefit from the use 35 2 of a medical home model that links children and families to an 35 3 ongoing source of medical care that ensures access to and 35 4 appropriate utilization of medical services including 35 5 preventive services. 35 6 e. Iowa's senior population should have more options 35 7 available to address the population's health care needs 35 8 including home and community-based services and assisted 35 9 living. 35 10 2. The redesign plan shall include measures such as 35 11 providing state funding for health care spending accounts for 35 12 families in the medical assistance program in order to provide 35 13 incentives for effective health care cost management, 35 14 providing an insurance-like benefit package for those 35 15 individuals with extensive medical needs that emphasizes 35 16 flexible and preventive care through case management, moving 35 17 to an acuity-based reimbursement system for dually eligible 35 18 seniors, and developing an evidence-based pharmaceutical 35 19 program. 35 20 3. The department shall submit a progress report of the 35 21 work group's recommendations for medical assistance program 35 22 redesign to the governor and the general assembly by January 35 23 15, 2004. 35 24 Sec. 50. MEDICAL ASSISTANCE APPROPRIATION REDUCTION. The 35 25 appropriation made from the general fund of the state for the 35 26 fiscal year beginning July 1, 2003, and ending June 30, 2004, 35 27 to the department of human services in 2003 Iowa Acts, House 35 28 File 667, if enacted, for medical assistance is reduced by 35 29 $7,500,000. 35 30 Sec. 51. HOSPITAL TRUST FUND – MEDICAL ASSISTANCE 35 31 SUPPLEMENT. 35 32 1. Notwithstanding 2002 Iowa Acts, chapter 1003, Second 35 33 Extraordinary Session, sections 150 and 151, as the sections 35 34 relate to the hospital trust fund, moneys shall not be 35 35 transferred from the hospital trust fund at the end of the 36 1 fiscal year beginning July 1, 2003. 36 2 2. There is appropriated from the hospital trust fund to 36 3 the department of human services for the fiscal year beginning 36 4 July 1, 2003, and ending June 30, 2004, the following amount, 36 5 or so much thereof as is necessary to be used for the purposes 36 6 designated: 36 7 To supplement the medical assistance appropriation made in 36 8 2003 Iowa Acts, House File 667, if enacted: 36 9 .................................................. $ 14,000,000 36 10 The appropriation made in this subsection shall include 36 11 moneys in the hospital trust fund that remain unencumbered or 36 12 unobligated at the end of the fiscal year beginning July 1, 36 13 2002, and ending June 30, 2003. 36 14 Sec. 52. IOWA JUVENILE HOME. The appropriation made from 36 15 the general fund of the state for the fiscal year beginning 36 16 July 1, 2003, and ending June 30, 2004, to the department of 36 17 human services in 2003 Iowa Acts, House File 667, if enacted, 36 18 for the Iowa juvenile home at Toledo, is reduced by $410,540. 36 19 Sec. 53. STATE TRAINING SCHOOL. The appropriation made 36 20 from the general fund of the state for the fiscal year 36 21 beginning July 1, 2003, and ending June 30, 2004, to the 36 22 department of human services in 2003 Iowa Acts, House File 36 23 667, if enacted, for the state training school at Eldora is 36 24 reduced by $1,239,227. 36 25 Sec. 54. INDEPENDENCE MHI. The appropriation made from 36 26 the general fund of the state for the fiscal year beginning 36 27 July 1, 2003, and ending June 30, 2004, to the department of 36 28 human services in 2003 Iowa Acts, House File 667, if enacted, 36 29 for the state mental health institute at Independence, is 36 30 reduced by $544,192. 36 31 Sec. 55. NEW SECTION. 249A.32 PHARMACEUTICAL SETTLEMENT 36 32 ACCOUNT – MEDICAL ASSISTANCE PROGRAM. 36 33 1. A pharmaceutical settlement account is created in the 36 34 state treasury under the authority of the department of human 36 35 services. Moneys received from settlements relating to 37 1 provision of pharmaceuticals under the medical assistance 37 2 program shall be deposited in the account. 37 3 2. Moneys in the account shall be used only as provided in 37 4 appropriations from the account to the department for the 37 5 purpose of technology upgrades under the medical assistance 37 6 program. 37 7 3. The account shall be separate from the general fund of 37 8 the state and shall not be considered part of the general fund 37 9 of the state. The moneys in the account shall not be 37 10 considered revenue of the state, but rather shall be funds of 37 11 the account. The moneys in the account are not subject to 37 12 reversion to the general fund of the state under section 8.33 37 13 and shall not be transferred, used, obligated, appropriated, 37 14 or otherwise encumbered, except to provide for the purposes of 37 15 this section. Notwithstanding section 12C.7, subsection 2, 37 16 interest or earnings on moneys deposited in the account shall 37 17 be credited to the account. 37 18 4. The treasurer of state shall provide a quarterly report 37 19 of account activities and balances to the director. 37 20 Sec. 56. Section 256.7, subsection 10, Code 2003, is 37 21 amended to read as follows: 37 22 10. Adopt rules pursuant to chapter 17A relating to 37 23 educational programs and budget limitations for educational 37 24 programs pursuant to sections282.28,282.29, 282.30,and37 25 282.31, and 282.33. 37 26 Sec. 57. Section 282.32, Code 2003, is amended to read as 37 27 follows: 37 28 282.32 APPEAL. 37 29 An area education agency or local school district may 37 30 appeal a decision made pursuant to section282.28 or282.31 to 37 31 the state board of education. The decision of the state board 37 32 is final. 37 33 Sec. 58. NEW SECTION. 282.33 FUNDING FOR CHILDREN 37 34 RESIDING IN STATE MENTAL HEALTH INSTITUTES OR INSTITUTIONS. 37 35 1. A child who resides in an institution for children 38 1 under the jurisdiction of the director of human services 38 2 referred to in section 218.1, subsection 3, 5, 7, or 8, and 38 3 who is not enrolled in the educational program of the district 38 4 of residence of the child, shall receive appropriate 38 5 educational services. The institution in which the child 38 6 resides shall submit a proposed program and budget based on 38 7 the average daily attendance of the children residing in the 38 8 institution to the department of education and the department 38 9 of human services by January 1 for the next succeeding school 38 10 year. The department of education shall review and approve or 38 11 modify the proposed program and budget and shall notify the 38 12 department of revenue and finance of its action by February 1. 38 13 The department of revenue and finance shall pay the approved 38 14 budget amount to the department of human services in monthly 38 15 installments beginning September 15 and ending June 15 of the 38 16 next succeeding school year. The installments shall be as 38 17 nearly equal as possible as determined by the department of 38 18 revenue and finance, taking into consideration the relative 38 19 budget and cash position of the state's resources. The 38 20 department of revenue and finance shall pay the approved 38 21 budget amount for the department of human services from the 38 22 moneys appropriated under section 257.16 and the department of 38 23 human services shall distribute the payment to the 38 24 institution. The institution shall submit an accounting for 38 25 the actual cost of the program to the department of education 38 26 by August 1 of the following school year. The department 38 27 shall review and approve or modify all expenditures incurred 38 28 in compliance with the guidelines adopted pursuant to section 38 29 256.7, subsection 10, and shall notify the department of 38 30 revenue and finance of the approved accounting amount. The 38 31 approved accounting amount shall be compared with any amounts 38 32 paid by the department of revenue and finance to the 38 33 department of human services and any differences added to or 38 34 subtracted from the October payment made under this subsection 38 35 for the next school year. Any amount paid by the department 39 1 of revenue and finance shall be deducted monthly from the 39 2 state foundation aid paid under section 257.16 to all school 39 3 districts in the state during the subsequent fiscal year. The 39 4 portion of the total amount of the approved budget that shall 39 5 be deducted from the state aid of a school district shall be 39 6 the same as the ratio that the budget enrollment for the 39 7 budget year of the school district bears to the total budget 39 8 enrollment in the state for that budget year in which the 39 9 deduction is made. 39 10 2. Programs may be provided during the summer and funded 39 11 under this section if the institution determines a valid 39 12 educational reason to do so and the department of education 39 13 approves the program in the manner provided in subsection 1. 39 14 Sec. 59. Section 282.28, Code 2003, is repealed. 39 15 Sec. 60. FY 2003-2004 FUNDING. For purposes of providing 39 16 funding for educational programs provided to children residing 39 17 in an institution for children under the jurisdiction of the 39 18 director of human services referred to in section 218.1, 39 19 subsection 3, 5, 7, or 8, the institution providing such 39 20 programs to children residing in the institution shall submit 39 21 an estimated proposed program and budget based on the 39 22 estimated average daily attendance of children who will likely 39 23 be provided educational programs during the fiscal year 39 24 beginning July 1, 2003, and ending June 30, 2004, to the 39 25 department of education and the department of human services 39 26 by August 1, 2003. The budget for the institutions referred 39 27 to in section 218.1, subsections 7 and 8, shall include funds 39 28 to access services from the area education agency in the 39 29 manner in which the services were accessed from the area 39 30 education agency in the fiscal year beginning July 1, 2002. 39 31 The department of education shall review and approve or modify 39 32 the proposed program and budget and shall notify the 39 33 department of revenue and finance of its action by September 39 34 1, 2003. The department of revenue and finance shall pay the 39 35 approved budget amount, and the department of human services 40 1 shall distribute payments, as provided in section 282.33. 40 2 Sec. 61. EFFECTIVE DATE. The section of this division of 40 3 this Act relating to appropriation of moneys in the hospital 40 4 trust fund, being deemed of immediate importance, takes effect 40 5 upon enactment. 40 6 DIVISION XVII 40 7 REINVENTION INVESTMENT 40 8 Sec. 62. DEPARTMENT OF MANAGEMENT. There is appropriated 40 9 from the general fund of the state to the department of 40 10 management for the fiscal year beginning July 1, 2003, and 40 11 ending June 30, 2004, the following amount, or so much thereof 40 12 as is necessary, to be used for the purpose designated: 40 13 For investment in reinvention initiatives intended to 40 14 produce ongoing savings, in addition to funds appropriated for 40 15 this purpose in 2003 Iowa Acts, House File 655, section 11, 40 16 subsection 3, if enacted: 40 17 40 18 .................................................. $ 1,350,000 40 19 DIVISION XVIII 40 20 IOWA LOTTERY AUTHORITY 40 21 Sec. 63. NEW SECTION. 99G.1 TITLE. 40 22 This chapter may be cited as the "Iowa Lottery Authority 40 23 Act". 40 24 Sec. 64. NEW SECTION. 99G.2 STATEMENT OF PURPOSE AND 40 25 INTENT. 40 26 The general assembly finds and declares the following: 40 27 1. That net proceeds of lottery games conducted pursuant 40 28 to this chapter should be transferred to the general fund of 40 29 the state in support of a variety of programs and services. 40 30 2. That lottery games are an entrepreneurial enterprise 40 31 and that the state should create a public instrumentality of 40 32 the state in the form of a nonprofit authority known as the 40 33 Iowa lottery authority with comprehensive and extensive powers 40 34 to operate a state lottery in an entrepreneurial and 40 35 businesslike manner and which is accountable to the governor, 41 1 the general assembly, and the people of the state through a 41 2 system of audits, reports, legislative oversight, and thorough 41 3 financial disclosure as required by this chapter. 41 4 3. That lottery games shall be operated and managed in a 41 5 manner that provides continuing entertainment to the public, 41 6 maximizes revenues, and ensures that the lottery is operated 41 7 with integrity and dignity and free from political influence. 41 8 Sec. 65. NEW SECTION. 99G.3 DEFINITIONS. 41 9 As used in this chapter, unless the context clearly 41 10 requires otherwise: 41 11 1. "Administrative expenses" includes, but is not limited 41 12 to, personnel costs, travel, purchase of equipment and all 41 13 other expenses not directly associated with the operation or 41 14 sale of a game. 41 15 2. "Authority" means the Iowa lottery authority. 41 16 3. "Board" means the board of directors of the authority. 41 17 4. "Chief executive officer" means the chief executive 41 18 officer of the authority. 41 19 5. "Game specific rules" means rules governing the 41 20 particular features of specific games, including, but not 41 21 limited to, setting the name, ticket price, prize structure, 41 22 and prize claim period of the game. 41 23 6. "Instant lottery" or "instant ticket" means a game that 41 24 offers preprinted tickets such that when a protective coating 41 25 is scratched or scraped away, it indicates immediately whether 41 26 the player has won. 41 27 7. "Lottery", "lotteries", "lottery game", "lottery games" 41 28 or "lottery products" means any game of chance approved by the 41 29 board and operated pursuant to this chapter and games using 41 30 mechanical or electronic devices, provided that the authority 41 31 shall not authorize a player-activated gaming machine that 41 32 utilizes an internal randomizer to determine winning and 41 33 nonwinning plays and that upon random internal selection of a 41 34 winning play dispenses coins, currency, or a ticket, credit, 41 35 or token to the player that is redeemable for cash or a prize, 42 1 and excluding gambling or gaming conducted pursuant to chapter 42 2 99B, 99D, or 99F. 42 3 8. "Major procurement contract" means a consulting 42 4 agreement or a contract with a business organization for the 42 5 printing of tickets or the purchase or lease of equipment or 42 6 services essential to the operation of a lottery game. 42 7 9. "Net proceeds" means all revenue derived from the sale 42 8 of lottery tickets or shares and all other moneys derived from 42 9 the lottery, less operating expenses. 42 10 10. "On-line lotto" means a lottery game connected to a 42 11 central computer via telecommunications in which the player 42 12 selects a specified group of numbers, symbols, or characters 42 13 out of a predetermined range. 42 14 11. "Operating expenses" means all costs of doing 42 15 business, including, but not limited to, prizes and associated 42 16 prize reserves, computerized gaming system vendor expense, 42 17 instant and pull-tab ticket expense, and other expenses 42 18 directly associated with the operation or sale of any game, 42 19 compensation paid to retailers, advertising and marketing 42 20 costs, and administrative expenses. 42 21 12. "Pull-tab ticket" or "pull-tab" means a game that 42 22 offers preprinted paper tickets with the play data hidden 42 23 beneath a protective tab or seal that when opened reveals 42 24 immediately whether the player has won. 42 25 13. "Retailer" means a person, licensed by the authority, 42 26 who sells lottery tickets or shares on behalf of the authority 42 27 pursuant to a contract. 42 28 14. "Share" means any intangible evidence of participation 42 29 in a lottery game. 42 30 15. "Ticket" means any tangible evidence issued by the 42 31 lottery to provide participation in a lottery game. 42 32 16. "Vendor" means a person who provides or proposes to 42 33 provide goods or services to the authority pursuant to a major 42 34 procurement contract, but does not include an employee of the 42 35 authority, a retailer, or a state agency or instrumentality 43 1 thereof. 43 2 Sec. 66. NEW SECTION. 99G.4 IOWA LOTTERY AUTHORITY 43 3 CREATED. 43 4 1. An Iowa lottery authority is created, effective 43 5 September 1, 2003, which shall administer the state lottery. 43 6 The authority shall be deemed to be a public authority and an 43 7 instrumentality of the state, and not a state agency. 43 8 However, the authority shall be considered a state agency for 43 9 purposes of chapters 17A, 21, 22, 28E, 68B, 91B, 97B, 509A, 43 10 and 669. 43 11 2. The income and property of the authority shall be 43 12 exempt from all state and local taxes, and the sale of lottery 43 13 tickets and shares issued and sold by the authority and its 43 14 retail licensees shall be exempt from all state and local 43 15 sales taxes. 43 16 Sec. 67. NEW SECTION. 99G.5 CHIEF EXECUTIVE OFFICER. 43 17 The chief executive officer of the authority shall be 43 18 appointed by the governor subject to confirmation by the 43 19 senate and shall serve a four-year term of office beginning 43 20 and ending as provided in section 69.19. The chief executive 43 21 officer shall be qualified by training and experience to 43 22 manage a lottery. The governor may remove the chief executive 43 23 officer for malfeasance in office, or for any cause that 43 24 renders the chief executive officer ineligible, incapable, or 43 25 unfit to discharge the duties of the office. Compensation and 43 26 employment terms of the chief executive officer shall be set 43 27 by the governor, taking into consideration the officer's level 43 28 of education and experience, as well as the success of the 43 29 lottery. The chief executive officer shall be an employee of 43 30 the authority and shall direct the day-to-day operations and 43 31 management of the authority and be vested with such powers and 43 32 duties as specified by the board and by law. 43 33 Sec. 68. NEW SECTION. 99G.6 POWER TO ADMINISTER OATHS 43 34 AND TAKE TESTIMONY – SUBPOENA. 43 35 The chief executive officer or the chief executive 44 1 officer's designee if authorized to conduct an inquiry, 44 2 investigation, or hearing under this chapter may administer 44 3 oaths and take testimony under oath relative to the matter of 44 4 inquiry, investigation, or hearing. At a hearing ordered by 44 5 the chief executive officer, the chief executive officer or 44 6 the designee may subpoena witnesses and require the production 44 7 of records, paper, or documents pertinent to the hearing. 44 8 Sec. 69. NEW SECTION. 99G.7 DUTIES OF THE CHIEF 44 9 EXECUTIVE OFFICER. 44 10 1. The chief executive officer of the authority shall 44 11 direct and supervise all administrative and technical 44 12 activities in accordance with the provisions of this chapter 44 13 and with the administrative rules, policies, and procedures 44 14 adopted by the board. The chief executive officer shall do 44 15 all of the following: 44 16 a. Facilitate the initiation and supervise and administer 44 17 the operation of the lottery games. 44 18 b. Employ an executive vice president, who shall act as 44 19 chief executive officer in the absence of the chief executive 44 20 officer, and employ and direct other such personnel as deemed 44 21 necessary. 44 22 c. Contract with and compensate such persons and firms as 44 23 deemed necessary for the operation of the lottery. 44 24 d. Promote or provide for promotion of the lottery and any 44 25 functions related to the authority. 44 26 e. Prepare a budget for the approval of the board. 44 27 f. Require bond from such retailers and vendors in such 44 28 amounts as required by the board. 44 29 g. Report semiannually to the legislative government 44 30 oversight committees regarding the operations of the 44 31 authority. 44 32 h. Report quarterly and annually to the board, the 44 33 governor, the auditor of state, and the general assembly a 44 34 full and complete statement of lottery revenues and expenses 44 35 for the preceding quarter, and with respect to the annual 45 1 report, for the preceding year and transfer proceeds to the 45 2 general fund within thirty days following the end of the 45 3 quarter. 45 4 i. Perform other duties generally associated with a chief 45 5 executive officer of an authority of an entrepreneurial 45 6 nature. 45 7 2. The chief executive officer shall conduct an ongoing 45 8 study of the operation and administration of lottery laws 45 9 similar to this chapter in other states or countries, of 45 10 available literature on the subject, of federal laws and 45 11 regulations which may affect the operation of the lottery and 45 12 of the reaction of citizens of this state to existing or 45 13 proposed features of lottery games with a view toward 45 14 implementing improvements that will tend to serve the purposes 45 15 of this chapter. 45 16 3. The chief executive officer may for good cause suspend, 45 17 revoke, or refuse to renew any contract entered into in 45 18 accordance with the provisions of this chapter or the 45 19 administrative rules, policies, and procedures of the board. 45 20 4. The chief executive officer or the chief executive 45 21 officer's designee may conduct hearings and administer oaths 45 22 to persons for the purpose of assuring the security or 45 23 integrity of lottery operations or to determine the 45 24 qualifications of or compliance by vendors and retailers. 45 25 Sec. 70. NEW SECTION. 99G.8 BOARD OF DIRECTORS. 45 26 1. The authority shall be administered by a board of 45 27 directors comprised of five members appointed by the governor 45 28 subject to confirmation by the senate. Board members 45 29 appointed when the senate is not in session shall serve only 45 30 until the end of the next regular session of the general 45 31 assembly, unless confirmed by the senate. 45 32 2. Board members shall serve staggered terms of four years 45 33 beginning and ending as provided in section 69.19. No more 45 34 than three board members shall be from the same political 45 35 party. 46 1 3. Board members may be removed by the governor for 46 2 neglect of duty, misfeasance, or nonfeasance in office. 46 3 4. No officer or employee of the authority shall be a 46 4 member of the board. 46 5 5. Board members shall be residents of the state of Iowa, 46 6 shall be prominent persons in their respective businesses or 46 7 professions, and shall not have been convicted of any felony 46 8 offense. Of the members appointed, the governor shall appoint 46 9 to the board an attorney admitted to the practice of law in 46 10 Iowa, an accountant, a person who is or has been a law 46 11 enforcement officer, and a person having expertise in 46 12 marketing. 46 13 6. A majority of members in office shall constitute a 46 14 quorum for the transaction of any business and for the 46 15 exercise of any power or function of the authority. 46 16 7. Action may be taken and motions and resolutions adopted 46 17 by the board at any meeting thereof by the affirmative vote of 46 18 a majority of present and voting board members. 46 19 8. No vacancy in the membership of the board shall impair 46 20 the right of the members to exercise all the powers and 46 21 perform all the duties of the board. 46 22 9. Board members shall be considered to hold public office 46 23 and shall give bond as such as required in chapter 64. 46 24 10. Board members shall be entitled to receive a per diem 46 25 as specified in section 7E.6 for each day spent in performance 46 26 of duties as members, and shall be reimbursed for all actual 46 27 and necessary expenses incurred in the performance of their 46 28 official duties as members. No person who serves as a member 46 29 of the board shall by reason of such membership be eligible 46 30 for membership in the Iowa public employees' retirement system 46 31 and service on the board shall not be eligible for service 46 32 credit for any public retirement system. 46 33 11. The board shall meet at least quarterly and at such 46 34 other times upon call of the chairperson or the president. 46 35 Notice of the time and place of each board meeting shall be 47 1 given to each member. The board shall also meet upon call of 47 2 three or more of the board members. The board shall keep 47 3 accurate and complete records of all its meetings. 47 4 12. Meetings of the board shall be governed by the 47 5 provisions of chapter 21. 47 6 13. Board members shall not have any direct or indirect 47 7 interest in an undertaking that puts their personal interest 47 8 in conflict with that of the authority, including, but not 47 9 limited to, an interest in a major procurement contract or a 47 10 participating retailer. 47 11 14. The members shall elect from their membership a 47 12 chairperson and vice chairperson. 47 13 15. The board of directors may delegate to the chief 47 14 executive officer of the authority such powers and duties as 47 15 it may deem proper to the extent such delegation is not 47 16 inconsistent with the Constitution of this state. 47 17 Sec. 71. NEW SECTION. 99G.9 BOARD DUTIES. 47 18 The board shall provide the chief executive officer with 47 19 private-sector perspectives of a large marketing enterprise. 47 20 The board shall do all of the following: 47 21 1. Approve, disapprove, amend, or modify the budget 47 22 recommended by the chief executive officer for the operation 47 23 of the authority. 47 24 2. Approve, disapprove, amend, or modify the terms of 47 25 major lottery procurements recommended by the chief executive 47 26 officer. 47 27 3. Adopt policies and procedures and promulgate 47 28 administrative rules pursuant to chapter 17A relating to the 47 29 management and operation of the authority. The administrative 47 30 rules promulgated pursuant to this subsection may include but 47 31 shall not be limited to the following: 47 32 a. The type of games to be conducted. 47 33 b. The sale price of tickets or shares and the manner of 47 34 sale, including but not limited to authorization of sale of 47 35 tickets or shares at a discount for marketing purposes, 48 1 provided, however, that a retailer may accept payment by cash, 48 2 check, money order, debit card, or electronic funds transfer 48 3 and shall not extend or arrange credit for the purchase of a 48 4 ticket or share. As used in this section, "cash" means United 48 5 States currency. 48 6 c. The number and amount of prizes, including but not 48 7 limited to prizes of free tickets or shares in lottery games 48 8 conducted by the authority and merchandise prizes. The 48 9 authority shall maintain and make available for public 48 10 inspection at its offices during regular business hours a 48 11 detailed listing of the estimated number of prizes of each 48 12 particular denomination that are expected to be awarded in any 48 13 game that is on sale or the estimated odds of winning the 48 14 prizes and, after the end of the claim period, shall maintain 48 15 and make available a listing of the total number of tickets or 48 16 shares sold in a game and the number of prizes of each 48 17 denomination that were awarded. 48 18 d. The method and location of selecting or validating 48 19 winning tickets or shares. 48 20 e. The manner and time of payment of prizes, which may 48 21 include lump-sum payments or installments over a period of 48 22 years. 48 23 f. The manner of payment of prizes to the holders of 48 24 winning tickets or shares after performing validation 48 25 procedures appropriate to the game and as specified by the 48 26 board. 48 27 g. The frequency of games and drawings or selection of 48 28 winning tickets or shares. 48 29 h. The means of conducting drawings, provided that 48 30 drawings shall be open to the public and witnessed by an 48 31 independent certified public accountant. Equipment used to 48 32 select winning tickets or shares or participants for prizes 48 33 shall be examined by an independent certified public 48 34 accountant prior to and after each drawing. 48 35 i. The manner and amount of compensation to lottery 49 1 retailers. 49 2 j. The engagement and compensation of audit services. 49 3 k. Any and all other matters necessary, desirable, or 49 4 convenient toward ensuring the efficient and effective 49 5 operation of lottery games, the continued entertainment and 49 6 convenience of the public, and the integrity of the lottery. 49 7 4. Adopt game specific rules. The promulgation of game 49 8 specific rules shall not be subject to the requirements of 49 9 chapter 17A. However, game specific rules shall be made 49 10 available to the public prior to the time the games go on sale 49 11 and shall be kept on file at the office of the authority. 49 12 5. Perform such other functions as specified by this 49 13 chapter. 49 14 Sec. 72. NEW SECTION. 99G.10 AUTHORITY PERSONNEL. 49 15 1. All employees of the authority shall be considered 49 16 public employees. 49 17 2. Subject to the approval of the board, the chief 49 18 executive officer shall have the sole power to designate 49 19 particular employees as key personnel, but may take advice 49 20 from the department of personnel in making any such 49 21 designations. All key personnel shall be exempt from the 49 22 merit system described in chapter 19A. The chief executive 49 23 officer and the board shall have the sole power to employ, 49 24 classify, and fix the compensation of key personnel. All 49 25 other employees shall be employed, classified, and compensated 49 26 in accordance with chapters 19A and 20. 49 27 3. The chief executive officer and the board shall have 49 28 the exclusive power to determine the number of full-time 49 29 equivalent positions, as defined in chapter 8, necessary to 49 30 carry out the provisions of this chapter. 49 31 4. The chief executive officer shall have the sole 49 32 responsibility to assign duties to all authority employees. 49 33 5. The authority may establish incentive programs for 49 34 authority employees. 49 35 6. An employee of the authority shall not have a financial 50 1 interest in any vendor doing business or proposing to do 50 2 business with the authority. However, an employee may own 50 3 shares of a mutual fund which may hold shares of a vendor 50 4 corporation provided the employee does not have the ability to 50 5 influence the investment functions of the mutual fund. 50 6 7. An employee of the authority with decision-making 50 7 authority shall not participate in any decision involving a 50 8 retailer with whom the employee has a financial interest. 50 9 8. A background investigation shall be conducted by the 50 10 department of public safety, division of criminal 50 11 investigation, on each applicant who has reached the final 50 12 selection process prior to employment by the authority. For 50 13 positions not designated as sensitive by the board, the 50 14 investigation may consist of a state criminal history 50 15 background check, work history, and financial review. The 50 16 board shall identify those sensitive positions of the 50 17 authority which require full background investigations, which 50 18 positions shall include, at a minimum, any officer of the 50 19 authority, and any employee with operational management 50 20 responsibilities, security duties, or system maintenance or 50 21 programming responsibilities related to the authority's data 50 22 processing or network hardware, software, communication, or 50 23 related systems. In addition to a work history and financial 50 24 review, a full background investigation may include a national 50 25 criminal history record check through the federal bureau of 50 26 investigation. The screening of employees through the federal 50 27 bureau of investigation shall be conducted by submission of 50 28 fingerprints through the state criminal history record 50 29 repository to the federal bureau of investigation. The 50 30 results of background investigations conducted pursuant to 50 31 this section shall not be considered public records under 50 32 chapter 22. 50 33 9. A person who has been convicted of a felony or 50 34 bookmaking or other form of illegal gambling or of a crime 50 35 involving moral turpitude shall not be employed by the 51 1 authority. 51 2 10. The authority shall bond authority employees with 51 3 access to authority funds or lottery revenue in such an amount 51 4 as provided by the board and may bond other employees as 51 5 deemed necessary. 51 6 Sec. 73. NEW SECTION. 99G.11 CONFLICTS OF INTEREST. 51 7 1. A member of the board, any officer, or other employee 51 8 of the authority shall not directly or indirectly, 51 9 individually, as a member of a partnership or other 51 10 association, or as a shareholder, director, or officer of a 51 11 corporation have an interest in a business that contracts for 51 12 the operation or marketing of the lottery as authorized by 51 13 this chapter, unless the business is controlled or operated by 51 14 a consortium of lotteries in which the authority has an 51 15 interest. 51 16 2. Notwithstanding the provisions of chapter 68B, a person 51 17 contracting or seeking to contract with the state to supply 51 18 gaming equipment or materials for use in the operation of the 51 19 lottery, an applicant for a license to sell tickets or shares 51 20 in the lottery, or a retailer shall not offer a member of the 51 21 board, any officer, or other employee of the authority, or a 51 22 member of their immediate family a gift, gratuity, or other 51 23 thing having a value of more than the limits established in 51 24 chapter 68B, other than food and beverage consumed at a meal. 51 25 For purposes of this subsection, "member of their immediate 51 26 family" means a spouse, child, stepchild, brother, brother-in- 51 27 law, stepbrother, sister, sister-in-law, stepsister, parent, 51 28 parent-in-law, or step-parent of the board member, the 51 29 officer, or other employee who resides in the same household 51 30 in the same principal residence of the board member, officer, 51 31 or other employee. 51 32 3. If a board member, officer, or other employee of the 51 33 authority violates a provision of this section, the board 51 34 member, officer, or employee shall be immediately removed from 51 35 the office or position. 52 1 4. Enforcement of this section against a board member, 52 2 officer, or other employee shall be by the attorney general 52 3 who upon finding a violation shall initiate an action to 52 4 remove the board member, officer, or employee. 52 5 5. A violation of this section is a serious misdemeanor. 52 6 Sec. 74. NEW SECTION. 99G.21 AUTHORITY POWERS, TRANSFER 52 7 OF ASSETS, LIABILITIES, AND OBLIGATIONS. 52 8 1. Funds of the state shall not be used or obligated to 52 9 pay the expenses or prizes of the authority. 52 10 2. The authority shall have any and all powers necessary 52 11 or convenient to carry out and effectuate the purposes and 52 12 provisions of this chapter which are not in conflict with the 52 13 Constitution of this state, including, but without limiting 52 14 the generality of the foregoing, the following powers: 52 15 a. To sue and be sued and to complain and defend in all 52 16 courts. 52 17 b. To adopt and alter a seal. 52 18 c. To procure or to provide insurance. 52 19 d. To hold copyrights, trademarks, and service marks and 52 20 enforce its rights with respect thereto. 52 21 e. To initiate, supervise, and administer the operation of 52 22 the lottery in accordance with the provisions of this chapter 52 23 and administrative rules, policies, and procedures adopted 52 24 pursuant thereto. 52 25 f. To enter into written agreements with one or more other 52 26 states or territories of the United States, or one or more 52 27 political subdivisions of another state or territory of the 52 28 United States, or any entity lawfully operating a lottery 52 29 outside the United States for the operation, marketing, and 52 30 promotion of a joint lottery or joint lottery game. For the 52 31 purposes of this subsection, any lottery with which the 52 32 authority reaches an agreement or compact shall meet the 52 33 criteria for security, integrity, and finance set by the 52 34 board. 52 35 g. To conduct such market research as is necessary or 53 1 appropriate, which may include an analysis of the demographic 53 2 characteristics of the players of each lottery game, and an 53 3 analysis of advertising, promotion, public relations, 53 4 incentives, and other aspects of communication. 53 5 h. Subject to the provisions of subsection 3, to acquire 53 6 or lease real property and make improvements thereon and 53 7 acquire by lease or by purchase, personal property, including, 53 8 but not limited to, computers; mechanical, electronic, and on- 53 9 line equipment and terminals; and intangible property, 53 10 including, but not limited to, computer programs, systems, and 53 11 software. 53 12 i. Subject to the provisions of subsection 3, to enter 53 13 into contracts to incur debt in its own name and enter into 53 14 financing agreements with the state, agencies or 53 15 instrumentalities of the state, or with any commercial bank or 53 16 credit provider. 53 17 j. To select and contract with vendors and retailers. 53 18 k. To enter into contracts or agreements with state or 53 19 local law enforcement agencies for the performance of law 53 20 enforcement, background investigations, and security checks. 53 21 l. To enter into contracts of any and all types on such 53 22 terms and conditions as the authority may determine necessary. 53 23 m. To establish and maintain banking relationships, 53 24 including, but not limited to, establishment of checking and 53 25 savings accounts and lines of credit. 53 26 n. To advertise and promote the lottery and lottery games. 53 27 o. To act as a retailer, to conduct promotions which 53 28 involve the dispensing of lottery tickets or shares, and to 53 29 establish and operate a sales facility to sell lottery tickets 53 30 or shares and any related merchandise. 53 31 p. Notwithstanding any other provision of law to the 53 32 contrary, to purchase meals for attendees at authority 53 33 business meetings. 53 34 q. To exercise all powers generally exercised by private 53 35 businesses engaged in entrepreneurial pursuits, unless the 54 1 exercise of such a power would violate the terms of this 54 2 chapter or of the Constitution of this state. 54 3 3. Notwithstanding any other provision of law, any 54 4 purchase of real property and any borrowing of more than one 54 5 million dollars by the authority shall require written notice 54 6 from the authority to the legislative government oversight 54 7 committees and the prior approval of the executive council. 54 8 4. The powers enumerated in this section are cumulative of 54 9 and in addition to those powers enumerated elsewhere in this 54 10 chapter and no such powers limit or restrict any other powers 54 11 of the authority. 54 12 5. Departments, boards, commissions, or other agencies of 54 13 this state shall provide reasonable assistance and services to 54 14 the authority upon the request of the chief executive officer. 54 15 Sec. 75. NEW SECTION. 99G.22 VENDOR BACKGROUND REVIEW. 54 16 1. The authority shall investigate the financial 54 17 responsibility, security, and integrity of any lottery system 54 18 vendor who is a finalist in submitting a bid, proposal, or 54 19 offer as part of a major procurement contract. Before a major 54 20 procurement contract is awarded, the division of criminal 54 21 investigation of the department of public safety shall conduct 54 22 a background investigation of the vendor to whom the contract 54 23 is to be awarded. The chief executive officer and board shall 54 24 consult with the division of criminal investigation and shall 54 25 provide for the scope of the background investigation and due 54 26 diligence to be conducted in connection with major procurement 54 27 contracts. At the time of submitting a bid, proposal, or 54 28 offer to the authority on a major procurement contract, the 54 29 authority shall require that each vendor submit to the 54 30 division of criminal investigation appropriate investigation 54 31 authorization to facilitate this investigation, together with 54 32 an advance of funds to meet the anticipated investigation 54 33 costs. If the division of criminal investigation determines 54 34 that additional funds are required to complete an 54 35 investigation, the vendor will be so advised. The background 55 1 investigation by the division of criminal investigation may 55 2 include a national criminal history record check through the 55 3 federal bureau of investigation. The screening of vendors or 55 4 their employees through the federal bureau of investigation 55 5 shall be conducted by submission of fingerprints through the 55 6 state criminal history record repository to the federal bureau 55 7 of investigation. 55 8 2. If at least twenty-five percent of the cost of a 55 9 vendor's contract is subcontracted, the vendor shall disclose 55 10 all of the information required by this section for the 55 11 subcontractor as if the subcontractor were itself a vendor. 55 12 3. A major procurement contract shall not be entered into 55 13 with any lottery system vendor who has not complied with the 55 14 disclosure requirements described in this section, and any 55 15 contract with such a vendor is voidable at the option of the 55 16 authority. Any contract with a vendor that does not comply 55 17 with the requirements for periodically updating such 55 18 disclosures during the tenure of the contract as may be 55 19 specified in such contract may be terminated by the authority. 55 20 The provisions of this section shall be construed broadly and 55 21 liberally to achieve the ends of full disclosure of all 55 22 information necessary to allow for a full and complete 55 23 evaluation by the authority of the competence, integrity, 55 24 background, and character of vendors for major procurements. 55 25 4. A major procurement contract shall not be entered into 55 26 with any vendor who has been found guilty of a felony related 55 27 to the security or integrity of the lottery in this or any 55 28 other jurisdiction. 55 29 5. A major procurement contract shall not be entered into 55 30 with any vendor if such vendor has an ownership interest in an 55 31 entity that had supplied consultation services under contract 55 32 to the authority regarding the request for proposals 55 33 pertaining to those particular goods or services. 55 34 6. If, based on the results of a background investigation, 55 35 the board determines that the best interests of the authority, 56 1 including but not limited to the authority's reputation for 56 2 integrity, would be served thereby, the board may disqualify a 56 3 potential vendor from contracting with the authority for a 56 4 major procurement contract or from acting as a subcontractor 56 5 in connection with a contract for a major procurement 56 6 contract. 56 7 Sec. 76. NEW SECTION. 99G.23 VENDOR BONDING, TAX FILING, 56 8 AND COMPETITIVE BIDDING. 56 9 1. The authority may purchase, lease, or lease-purchase 56 10 such goods or services as are necessary for effectuating the 56 11 purposes of this chapter. The authority may make procurements 56 12 that integrate functions such as lottery game design, lottery 56 13 ticket distribution to retailers, supply of goods and 56 14 services, and advertising. In all procurement decisions, the 56 15 authority shall take into account the particularly sensitive 56 16 nature of the lottery and shall act to promote and ensure 56 17 security, honesty, fairness, and integrity in the operation 56 18 and administration of the lottery and the objectives of 56 19 raising net proceeds for state programs. 56 20 2. Each vendor shall, at the execution of the contract 56 21 with the authority, post a performance bond or letter of 56 22 credit from a bank or credit provider acceptable to the 56 23 authority in an amount as deemed necessary by the authority 56 24 for that particular bid or contract. 56 25 3. Each vendor shall be qualified to do business in this 56 26 state and shall file appropriate tax returns as provided by 56 27 the laws of this state. 56 28 4. All major procurement contracts must be competitively 56 29 bid pursuant to policies and procedures approved by the board 56 30 unless there is only one qualified vendor and that vendor has 56 31 an exclusive right to offer the service or product. 56 32 Sec. 77. NEW SECTION. 99G.24 RETAILER COMPENSATION – 56 33 LICENSING. 56 34 1. The general assembly recognizes that to conduct a 56 35 successful lottery, the authority must develop and maintain a 57 1 statewide network of lottery retailers that will serve the 57 2 public convenience and promote the sale of tickets or shares 57 3 and the playing of lottery games while ensuring the integrity 57 4 of the lottery operations, games, and activities. 57 5 2. The board shall determine the compensation to be paid 57 6 to licensed retailers. Compensation may include provision for 57 7 variable payments based on sales volume or incentive 57 8 considerations. 57 9 3. The authority shall issue a license certificate to each 57 10 person with whom it contracts as a retailer for purposes of 57 11 display as provided in this section. Every lottery retailer 57 12 shall post its license certificate, or a facsimile thereof, 57 13 and keep it conspicuously displayed in a location on the 57 14 premises accessible to the public. No license shall be 57 15 assignable or transferable. Once issued, a license shall 57 16 remain in effect until canceled, suspended, or terminated by 57 17 the authority. 57 18 4. A licensee shall cooperate with the authority by using 57 19 point-of-purchase materials, posters, and other marketing 57 20 material when requested to do so by the authority. Lack of 57 21 cooperation is sufficient cause for revocation of a retailer's 57 22 license. 57 23 5. The board shall develop a list of objective criteria 57 24 upon which the qualification of lottery retailers shall be 57 25 based. Separate criteria shall be developed to govern the 57 26 selection of retailers of instant tickets and online 57 27 retailers. In developing these criteria, the board shall 57 28 consider such factors as the applicant's financial 57 29 responsibility, security of the applicant's place of business 57 30 or activity, accessibility to the public, integrity, and 57 31 reputation. The criteria shall include but not be limited to 57 32 the volume of expected sales and the sufficiency of existing 57 33 licensees to serve the public convenience. 57 34 6. The applicant shall be current in filing all applicable 57 35 tax returns to the state of Iowa and in payment of all taxes, 58 1 interest, and penalties owed to the state of Iowa, excluding 58 2 items under formal appeal pursuant to applicable statutes. 58 3 The department of revenue and finance is authorized and 58 4 directed to provide this information to the authority. 58 5 7. A person, partnership, unincorporated association, 58 6 authority, or other business entity shall not be selected as a 58 7 lottery retailer if the person or entity meets any of the 58 8 following conditions: 58 9 a. Has been convicted of a criminal offense related to the 58 10 security or integrity of the lottery in this or any other 58 11 jurisdiction. 58 12 b. Has been convicted of any illegal gambling activity, 58 13 false statements, perjury, fraud, or a felony in this or any 58 14 other jurisdiction. 58 15 c. Has been found to have violated the provisions of this 58 16 chapter or any regulation, policy, or procedure of the 58 17 authority or of the lottery division unless either ten years 58 18 have passed since the violation or the board finds the 58 19 violation both minor and unintentional in nature. 58 20 d. Is a vendor or any employee or agent of any vendor 58 21 doing business with the authority. 58 22 e. Resides in the same household as an officer of the 58 23 authority. 58 24 f. Is less than eighteen years of age. 58 25 g. Does not demonstrate financial responsibility 58 26 sufficient to adequately meet the requirements of the proposed 58 27 enterprise. 58 28 h. Has not demonstrated that the applicant is the true 58 29 owner of the business proposed to be licensed and that all 58 30 persons holding at least a ten percent ownership interest in 58 31 the applicant's business have been disclosed. 58 32 i. Has knowingly made a false statement of material fact 58 33 to the authority. 58 34 8. Persons applying to become lottery retailers may be 58 35 charged a uniform application fee for each lottery outlet. 59 1 9. Any lottery retailer contract executed pursuant to this 59 2 section may, for good cause, be suspended, revoked, or 59 3 terminated by the chief executive officer or the chief 59 4 executive officer's designee if the retailer is found to have 59 5 violated any provision of this chapter or objective criteria 59 6 established by the board. Cause for suspension, revocation, 59 7 or termination may include, but is not limited to, sale of 59 8 tickets or shares to a person under the age of twenty-one and 59 9 failure to pay for lottery products in a timely manner. 59 10 Sec. 78. NEW SECTION. 99G.25 LICENSE NOT ASSIGNABLE. 59 11 Any lottery retailer license certificate or contract shall 59 12 not be transferable or assignable. The authority may issue a 59 13 temporary license when deemed in the best interests of the 59 14 state. A lottery retailer shall not contract with any person 59 15 for lottery goods or services, except with the approval of the 59 16 board. 59 17 Sec. 79. NEW SECTION. 99G.26 RETAILER BONDING. 59 18 The authority may require any retailer to post an 59 19 appropriate bond, as determined by the authority, using a cash 59 20 bond or an insurance company acceptable to the authority. 59 21 Sec. 80. NEW SECTION. 99G.27 LOTTERY RETAIL LICENSES – 59 22 CANCELLATION, SUSPENSION, REVOCATION, OR TERMINATION. 59 23 1. A lottery retail license issued by the authority 59 24 pursuant to this chapter may be canceled, suspended, revoked, 59 25 or terminated by the authority, for reasons including, but not 59 26 limited to, any of the following: 59 27 a. A violation of this chapter, a regulation, or a policy 59 28 or procedure of the authority. 59 29 b. Failure to accurately or timely account or pay for 59 30 lottery products, lottery games, revenues, or prizes as 59 31 required by the authority. 59 32 c. Commission of any fraud, deceit, or misrepresentation. 59 33 d. Insufficient sales. 59 34 e. Conduct prejudicial to public confidence in the 59 35 lottery. 60 1 f. The retailer filing for or being placed in bankruptcy 60 2 or receivership. 60 3 g. Any material change as determined in the sole 60 4 discretion of the authority in any matter considered by the 60 5 authority in executing the contract with the retailer. 60 6 h. Failure to meet any of the objective criteria 60 7 established by the authority pursuant to this chapter. 60 8 i. Other conduct likely to result in injury to the 60 9 property, revenue, or reputation of the authority. 60 10 2. A lottery retailer license may be temporarily suspended 60 11 by the authority without prior notice if the chief executive 60 12 officer or designee determines that further sales by the 60 13 licensed retailer are likely to result in immediate injury to 60 14 the property, revenue, or reputation of the authority. 60 15 3. The board shall adopt administrative rules governing 60 16 appeals of lottery retailer licensing disputes. 60 17 Sec. 81. NEW SECTION. 99G.28 PROCEEDS HELD IN TRUST. 60 18 All proceeds from the sale of the lottery tickets or shares 60 19 shall constitute a trust fund until paid to the authority 60 20 directly, through electronic funds transfer to the authority, 60 21 or through the authority's authorized collection 60 22 representative. A lottery retailer and officers of a lottery 60 23 retailer's business shall have a fiduciary duty to preserve 60 24 and account for lottery proceeds and lottery retailers shall 60 25 be personally liable for all proceeds. Proceeds shall include 60 26 unsold products received but not paid for by a lottery 60 27 retailer and cash proceeds of the sale of any lottery products 60 28 net of allowable sales commissions and credit for lottery 60 29 prizes paid to winners by lottery retailers. Sales proceeds 60 30 of pull-tab tickets shall include the sales price of the 60 31 lottery product net of allowable sales commission and prizes 60 32 contained in the product. Sales proceeds and unused instant 60 33 tickets shall be delivered to the authority or its authorized 60 34 collection representative upon demand. 60 35 Sec. 82. NEW SECTION. 99G.29 RETAILER RENTAL 61 1 CALCULATIONS – LOTTERY TICKET SALES TREATMENT. 61 2 If a lottery retailer's rental payments for the business 61 3 premises are contractually computed, in whole or in part, on 61 4 the basis of a percentage of retail sales and such computation 61 5 of retail sales is not explicitly defined to include sales of 61 6 tickets or shares in a state-operated or state-managed 61 7 lottery, only the compensation received by the lottery 61 8 retailer from the authority may be considered the amount of 61 9 the lottery retail sale for purposes of computing the rental 61 10 payment. 61 11 Sec. 83. NEW SECTION. 99G.30 TICKET SALES REQUIREMENTS 61 12 – PENALTIES. 61 13 1. Lottery tickets or shares may be distributed by the 61 14 authority for promotional purposes. 61 15 2. A ticket or share shall not be sold at a price other 61 16 than that fixed by the authority and a sale shall not be made 61 17 other than by a retailer or an employee of the retailer who is 61 18 authorized by the retailer to sell tickets or shares. A 61 19 person who violates a provision of this subsection is guilty 61 20 of a simple misdemeanor. 61 21 3. A ticket or share shall not be sold to a person who has 61 22 not reached the age of twenty-one. Any person who knowingly 61 23 sells a lottery ticket or share to a person under the age of 61 24 twenty-one shall be guilty of a simple misdemeanor. It shall 61 25 be an affirmative defense to a charge of a violation under 61 26 this section that the retailer reasonably and in good faith 61 27 relied upon presentation of proof of age in making the sale. 61 28 A prize won by a person who has not reached the age of twenty- 61 29 one but who purchases a winning ticket or share in violation 61 30 of this subsection shall be forfeited. This section does not 61 31 prohibit the lawful purchase of a ticket or share for the 61 32 purpose of making a gift to a person who has not reached the 61 33 age of twenty-one. The board shall adopt administrative rules 61 34 governing the payment of prizes to persons who have not 61 35 reached the age of twenty-one. 62 1 4. Except for the authority, a retailer shall only sell 62 2 lottery products on the licensed premises and not through the 62 3 mail or by technological means except as the authority may 62 4 provide or authorize. 62 5 5. The retailer may accept payment by cash, check, money 62 6 order, debit card, or electronic funds transfer. The retailer 62 7 shall not extend or arrange credit for the purchase of a 62 8 ticket or share. As used in this subsection, "cash" means 62 9 United States currency. 62 10 6. Nothing in this chapter shall be construed to prohibit 62 11 the authority from designating certain of its agents and 62 12 employees to sell or give lottery tickets or shares directly 62 13 to the public. 62 14 7. No elected official's name shall be printed on tickets. 62 15 Sec. 84. NEW SECTION. 99G.31 PRIZES. 62 16 1. The chief executive officer shall award the designated 62 17 prize to the ticket or shareholder upon presentation of the 62 18 winning ticket or confirmation of a winning share. The prize 62 19 shall be given to only one person; however, a prize shall be 62 20 divided between holders of winning tickets if there is more 62 21 than one winning ticket. 62 22 2. The authority shall adopt administrative rules, 62 23 policies, and procedures to establish a system of verifying 62 24 the validity of tickets or shares claimed to win prizes and to 62 25 effect payment of such prizes, subject to the following 62 26 requirements: 62 27 a. The prize shall be given to the person who presents a 62 28 winning ticket. A prize may be given to only one person per 62 29 winning ticket. However, a prize shall be divided between 62 30 holders of winning tickets if there is more than one winning 62 31 ticket. Payment of a prize may be made to the estate of a 62 32 deceased prize winner or to another person pursuant to an 62 33 appropriate judicial order issued by an Iowa court of 62 34 competent jurisdiction. 62 35 b. A prize shall not be paid arising from claimed tickets 63 1 that are stolen, counterfeit, altered, fraudulent, unissued, 63 2 produced or issued in error, unreadable, not received, or not 63 3 recorded by the authority within applicable deadlines; lacking 63 4 in captions that conform and agree with the play symbols as 63 5 appropriate to the particular lottery game involved; or not in 63 6 compliance with such additional specific administrative rules, 63 7 policies, and public or confidential validation and security 63 8 tests of the authority appropriate to the particular lottery 63 9 game involved. 63 10 c. No particular prize in any lottery game shall be paid 63 11 more than once, and in the event of a determination that more 63 12 than one claimant is entitled to a particular prize, the sole 63 13 remedy of such claimants is the award to each of them of an 63 14 equal share in the prize. 63 15 d. Unclaimed prize money for the prize on a winning ticket 63 16 or share shall be retained for a period deemed appropriate by 63 17 the chief executive officer, subject to approval by the board. 63 18 If a valid claim is not made for the money within the 63 19 applicable period, the unclaimed prize money shall be added to 63 20 the pool from which future prizes are to be awarded or used 63 21 for special prize promotions. Notwithstanding this 63 22 subsection, the disposition of unclaimed prize money from 63 23 multijurisdictional games shall be made in accordance with the 63 24 rules of the multijurisdictional game. 63 25 e. No prize shall be paid upon a ticket or share purchased 63 26 or sold in violation of this chapter. Any such prize shall 63 27 constitute an unclaimed prize for purposes of this section. 63 28 f. The authority is discharged of all liability upon 63 29 payment of a prize pursuant to this section. 63 30 g. No ticket or share issued by the authority shall be 63 31 purchased by and no prize shall be paid to any member of the 63 32 board of directors; any officer or employee of the authority; 63 33 or to any spouse, child, brother, sister, or parent residing 63 34 as a member of the same household in the principal place of 63 35 residence of any such person. 64 1 h. No ticket or share issued by the authority shall be 64 2 purchased by and no prize shall be paid to any officer, 64 3 employee, agent, or subcontractor of any vendor or to any 64 4 spouse, child, brother, sister, or parent residing as a member 64 5 of the same household in the principal place of residence of 64 6 any such person if such officer, employee, agent, or 64 7 subcontractor has access to confidential information which may 64 8 compromise the integrity of the lottery. 64 9 i. The proceeds of any lottery prize shall be subject to 64 10 state and federal income tax laws. An amount deducted from 64 11 the prize for payment of a state tax, pursuant to section 64 12 422.16, subsection 1, shall be transferred by the authority to 64 13 the department of revenue and finance on behalf of the prize 64 14 winner. 64 15 Sec. 85. NEW SECTION. 99G.32 AUTHORITY LEGAL 64 16 REPRESENTATION. 64 17 The authority shall retain the services of legal counsel to 64 18 advise the authority and the board and to provide 64 19 representation in legal proceedings. The authority may retain 64 20 the attorney general or a full-time assistant attorney general 64 21 in that capacity and provide reimbursement for the cost of 64 22 advising and representing the board and the authority. 64 23 Sec. 86. NEW SECTION. 99G.33 LAW ENFORCEMENT 64 24 INVESTIGATIONS. 64 25 The department of public safety, division of criminal 64 26 investigation, shall be the primary state agency responsible 64 27 for investigating criminal violations under this chapter. The 64 28 chief executive officer shall contract with the department of 64 29 public safety for investigative services, including the 64 30 employment of special agents and support personnel, and 64 31 procurement of necessary equipment to carry out the 64 32 responsibilities of the division of criminal investigation 64 33 under the terms of the agreement and this chapter. 64 34 Sec. 87. NEW SECTION. 99G.34 OPEN RECORDS – EXCEPTIONS. 64 35 The records of the authority shall be governed by the 65 1 provisions of chapter 22, provided that, in addition to 65 2 records that may be kept confidential pursuant to section 65 3 22.7, the following records shall be kept confidential, unless 65 4 otherwise ordered by a court, by the lawful custodian of the 65 5 records, or by another person duly authorized to release such 65 6 information: 65 7 1. Marketing plans, research data, and proprietary 65 8 intellectual property owned or held by the authority under 65 9 contractual agreements. 65 10 2. Personnel, vendor, and player social security or tax 65 11 identification numbers. 65 12 3. Computer system hardware, software, functional and 65 13 system specifications, and game play data files. 65 14 4. Security records pertaining to investigations and 65 15 intelligence-sharing information between lottery security 65 16 officers and those of other lotteries and law enforcement 65 17 agencies, the security portions or segments of lottery 65 18 requests for proposals, proposals by vendors to conduct 65 19 lottery operations, and records of the security division of 65 20 the authority pertaining to game security data, ticket 65 21 validation tests, and processes. 65 22 5. Player name and address lists, provided that the names 65 23 and addresses of prize winners shall not be withheld. 65 24 6. Operational security measures, systems, or procedures 65 25 and building plans. 65 26 7. Security reports and other information concerning bids 65 27 or other contractual data, the disclosure of which would 65 28 impair the efforts of the authority to contract for goods or 65 29 services on favorable terms. 65 30 8. Information that is otherwise confidential obtained 65 31 pursuant to investigations. 65 32 Sec. 88. NEW SECTION. 99G.35 SECURITY. 65 33 1. The authority's chief security officer and 65 34 investigators shall be qualified by training and experience in 65 35 law enforcement to perform their respective duties in support 66 1 of the activities of the security office. The chief security 66 2 officer and investigators shall not have sworn peace officer 66 3 status. The lottery security office shall perform all of the 66 4 following activities in support of the authority mission: 66 5 a. Supervise ticket or share validation and lottery 66 6 drawings, provided that the authority may enter into 66 7 cooperative agreements with multijurisdictional lottery 66 8 administrators for shared security services at drawings and 66 9 game show events involving more than one participating 66 10 lottery. 66 11 b. Inspect at times determined solely by the authority the 66 12 facilities of any vendor or lottery retailer in order to 66 13 determine the integrity of the vendor's product or the 66 14 operations of the retailer in order to determine whether the 66 15 vendor or the retailer is in compliance with its contract. 66 16 c. Report any suspected violations of this chapter to the 66 17 appropriate county attorney or the attorney general and to any 66 18 law enforcement agencies having jurisdiction over the 66 19 violation. 66 20 d. Upon request, provide assistance to any county 66 21 attorney, the attorney general, the department of public 66 22 safety, or any other law enforcement agency. 66 23 e. Upon request, provide assistance to retailers in 66 24 meeting their licensing contract requirements and in detecting 66 25 retailer employee theft. 66 26 f. Monitor authority operations for compliance with 66 27 internal security requirements. 66 28 g. Provide physical security at the authority's central 66 29 operations facilities. 66 30 h. Conduct on-press product production surveillance, 66 31 testing, and quality approval for printed scratch and pull-tab 66 32 tickets. 66 33 i. Coordinate employee and retailer background 66 34 investigations conducted by the department of public safety, 66 35 division of criminal investigation. 67 1 2. The authority may enter into intelligence-sharing, 67 2 reciprocal use, or restricted use agreements with the federal 67 3 government, law enforcement agencies, lottery regulation 67 4 agencies, and gaming enforcement agencies of other 67 5 jurisdictions which provide for and regulate the use of 67 6 information provided and received pursuant to the agreement. 67 7 3. Records, documents, and information in the possession 67 8 of the authority received pursuant to an intelligence-sharing, 67 9 reciprocal use, or restricted use agreement entered into by 67 10 the authority with a federal department or agency, any law 67 11 enforcement agency, or the lottery regulation or gaming 67 12 enforcement agency of any jurisdiction shall be considered 67 13 investigative records of a law enforcement agency and are not 67 14 subject to chapter 22 and shall not be released under any 67 15 condition without the permission of the person or agency 67 16 providing the record or information. 67 17 Sec. 89. NEW SECTION. 99G.36 FORGERY – FRAUD – 67 18 PENALTIES. 67 19 1. A person who, with intent to defraud, falsely makes, 67 20 alters, forges, utters, passes, redeems, or counterfeits a 67 21 lottery ticket or share or attempts to falsely make, alter, 67 22 forge, utter, pass, redeem, or counterfeit a lottery ticket or 67 23 share, or commits theft or attempts to commit theft of a 67 24 lottery ticket or share, is guilty of a class "D" felony. 67 25 2. Any person who influences or attempts to influence the 67 26 winning of a prize through the use of coercion, fraud, 67 27 deception, or tampering with lottery equipment or materials 67 28 shall be guilty of a class "D" felony. 67 29 3. No person shall knowingly or intentionally make a 67 30 material false statement in any application for a license or 67 31 proposal to conduct lottery activities or make a material 67 32 false entry in any book or record which is compiled or 67 33 maintained or submitted to the board pursuant to the 67 34 provisions of this chapter. Any person who violates the 67 35 provisions of this section shall be guilty of a class "D" 68 1 felony. 68 2 Sec. 90. NEW SECTION. 99G.37 COMPETITIVE BIDDING. 68 3 1. The authority shall enter into a major procurement 68 4 contract pursuant to competitive bidding. The requirement for 68 5 competitive bidding does not apply in the case of a single 68 6 vendor having exclusive rights to offer a particular service 68 7 or product. The board shall adopt procedures for competitive 68 8 bidding. Procedures adopted by the board shall be designed to 68 9 allow the selection of proposals that provide the greatest 68 10 long-term benefit to the state, the greatest integrity for the 68 11 authority, and the best service and products for the public. 68 12 2. In any bidding process, the authority may administer 68 13 its own bidding and procurement or may utilize the services of 68 14 the department of general services, or its successor, or other 68 15 state agency. 68 16 Sec. 91. NEW SECTION. 99G.38 AUTHORITY FINANCE – SELF- 68 17 SUSTAINING. 68 18 1. The authority may borrow, or accept and expend, in 68 19 accordance with the provisions of this chapter, such moneys as 68 20 may be received from any source, including income from the 68 21 authority's operations, for effectuating its business 68 22 purposes, including the payment of the initial expenses of 68 23 initiation, administration, and operation of the authority and 68 24 the lottery. 68 25 2. The authority shall be self-sustaining and self-funded. 68 26 Moneys in the general fund of the state shall not be used or 68 27 obligated to pay the expenses of the authority or prizes of 68 28 the lottery, and no claim for the payment of an expense of the 68 29 lottery or prizes of the lottery may be made against any 68 30 moneys other than moneys credited to the authority operating 68 31 account. 68 32 3. The state of Iowa offset program, as provided in 68 33 section 421.17, shall be available to the authority to 68 34 facilitate receipt of funds owed to the authority. 68 35 Sec. 92. NEW SECTION. 99G.39 ALLOCATION, APPROPRIATION, 69 1 TRANSFER, AND REPORTING OF FUNDS. 69 2 1. Upon receipt of any revenue, the chief executive 69 3 officer shall deposit the moneys in the lottery fund created 69 4 pursuant to section 99G.40. At least fifty percent of the 69 5 projected annual revenue accruing from the sale of tickets or 69 6 shares shall be allocated for payment of prizes to the holders 69 7 of winning tickets. After the payment of prizes, the 69 8 following shall be deducted from the authority's revenue prior 69 9 to disbursement: 69 10 a. An amount equal to three-tenths of one percent of the 69 11 gross lottery revenue for the year shall be deposited in a 69 12 gambling treatment fund in the office of the treasurer of 69 13 state. 69 14 b. The expenses of conducting the lottery. Expenses for 69 15 advertising production and media purchases shall not exceed 69 16 four percent of the authority's gross revenue for the year. 69 17 2. The director of management shall not include lottery 69 18 revenues in the director's fiscal year revenue estimates. 69 19 3. a. Notwithstanding subsection 1, if gaming revenues 69 20 under sections 99D.17 and 99F.11 are insufficient in a fiscal 69 21 year to meet the total amount of such revenues directed to be 69 22 deposited in the vision Iowa fund and the school 69 23 infrastructure fund during the fiscal year pursuant to section 69 24 8.57, subsection 5, paragraph "e", the difference shall be 69 25 paid from lottery revenues prior to deposit of the lottery 69 26 revenues in the general fund. If lottery revenues are 69 27 insufficient during the fiscal year to pay the difference, the 69 28 remaining difference shall be paid from lottery revenues in 69 29 subsequent fiscal years as such revenues become available. 69 30 b. The treasurer of state shall, each quarter, prepare an 69 31 estimate of the gaming revenues and lottery revenues that will 69 32 become available during the remainder of the appropriate 69 33 fiscal year for the purposes described in paragraph "a". The 69 34 department of management and the department of revenue and 69 35 finance shall take appropriate actions to provide that the 70 1 amount of gaming revenues and lottery revenues that will be 70 2 available during the remainder of the appropriate fiscal year 70 3 is sufficient to cover any anticipated deficiencies. 70 4 Sec. 93. NEW SECTION. 99G.40 AUDITS AND REPORTS – 70 5 LOTTERY FUND. 70 6 1. To ensure the financial integrity of the lottery, the 70 7 authority shall do all of the following: 70 8 a. Submit quarterly and annual reports to the governor, 70 9 state auditor, and the general assembly disclosing the total 70 10 lottery revenues, prize disbursements, and other expenses of 70 11 the authority during the reporting period. The fourth quarter 70 12 report shall be included in the annual report made pursuant to 70 13 this section. The annual report shall include a complete 70 14 statement of lottery revenues, prize disbursements, and other 70 15 expenses, and recommendations for changes in the law that the 70 16 chief executive officer deems necessary or desirable. The 70 17 annual report shall be submitted within one hundred twenty 70 18 days after the close of the fiscal year. The chief executive 70 19 officer shall report immediately to the governor, the 70 20 treasurer of state, and the general assembly any matters that 70 21 require immediate changes in the law in order to prevent 70 22 abuses or evasions of this chapter or rules adopted or to 70 23 rectify undesirable conditions in connection with the 70 24 administration or operation of the lottery. 70 25 b. Maintain weekly or more frequent records of lottery 70 26 transactions, including the distribution of tickets or shares 70 27 to retailers, revenues received, claims for prizes, prizes 70 28 paid, prizes forfeited, and other financial transactions of 70 29 the authority. 70 30 c. The authority shall deposit in the lottery fund created 70 31 in subsection 2 any moneys received by retailers from the sale 70 32 of tickets or shares less the amount of any compensation due 70 33 the retailers. The chief executive officer may require 70 34 licensees to file with the authority reports of receipts and 70 35 transactions in the sale of tickets or shares. The reports 71 1 shall be in the form and contain the information the chief 71 2 executive officer requires. 71 3 2. A lottery fund is created in the office of the 71 4 treasurer of state and shall exist as the recipient fund for 71 5 authority receipts. The fund consists of all revenues 71 6 received from the sale of lottery tickets or shares and all 71 7 other moneys lawfully credited or transferred to the fund. 71 8 The chief executive officer shall certify quarterly that 71 9 portion of the fund that has been transferred to the general 71 10 fund of the state under this chapter and shall cause that 71 11 portion to be transferred to the general fund of the state. 71 12 However, upon the request of the chief executive officer and 71 13 subject to the approval by the treasurer of state, an amount 71 14 sufficient to cover the foreseeable administrative expenses of 71 15 the lottery for a period of twenty-one days may be retained 71 16 from the lottery fund. Prior to the quarterly transfer to the 71 17 general fund of the state, the chief executive officer may 71 18 direct that lottery revenue shall be deposited in the lottery 71 19 fund and in interest-bearing accounts designated by the 71 20 treasurer of state. Interest or earnings paid on the deposits 71 21 or investments is considered lottery revenue and shall be 71 22 transferred to the general fund of the state in the same 71 23 manner as other lottery revenue. 71 24 3. The chief executive officer shall certify before the 71 25 last day of the month following each quarter that portion of 71 26 the lottery fund resulting from the previous quarter's sales 71 27 to be transferred to the general fund of the state. 71 28 4. For informational purposes only, the chief executive 71 29 officer shall submit to the department of management by 71 30 October 1 of each year a proposed operating budget for the 71 31 authority for the succeeding fiscal year. This budget 71 32 proposal shall also be accompanied by an estimate of the net 71 33 proceeds to be deposited into the general fund during the 71 34 succeeding fiscal year. This budget shall be on forms 71 35 prescribed by the department of management. 72 1 5. The authority shall adopt the same fiscal year as that 72 2 used by state government and shall be audited annually. 72 3 Sec. 94. NEW SECTION. 99G.41 PRIZE OFFSETS – 72 4 GARNISHMENTS. 72 5 1. Any claimant agency may submit to the authority a list 72 6 of the names of all persons indebted to such claimant agency 72 7 or to persons on whose behalf the claimant agency is acting. 72 8 The full amount of the debt shall be collectable from any 72 9 lottery winnings due the debtor without regard to limitations 72 10 on the amounts that may be collectable in increments through 72 11 garnishment or other proceedings. Such list shall constitute 72 12 a valid lien upon and claim of lien against the lottery 72 13 winnings of any debtor named in such list. The list shall 72 14 contain the names of the debtors, their social security 72 15 numbers if available, and any other information that assists 72 16 the authority in identifying the debtors named in the list. 72 17 2. The authority is authorized and directed to withhold 72 18 any winnings paid out directly by the authority subject to the 72 19 lien created by this section and send notice to the winner. 72 20 However, if the winner appears and claims winnings in person, 72 21 the authority shall notify the winner at that time by hand 72 22 delivery of such action. The authority shall pay the funds 72 23 over to the agency administering the offset program. 72 24 3. Notwithstanding the provisions of section 99G.34 which 72 25 prohibit disclosure by the authority of certain portions of 72 26 the contents of prize winner records or information, and 72 27 notwithstanding any other confidentiality statute, the 72 28 authority may provide to a claimant agency all information 72 29 necessary to accomplish and effectuate the intent of this 72 30 section. 72 31 4. The information obtained by a claimant agency from the 72 32 authority in accordance with this section shall retain its 72 33 confidentiality and shall only be used by a claimant agency in 72 34 the pursuit of its debt collection duties and practices. Any 72 35 employee or prior employee of any claimant agency who 73 1 unlawfully discloses any such information for any other 73 2 purpose, except as otherwise specifically authorized by law, 73 3 shall be subject to the same penalties specified by law for 73 4 unauthorized disclosure of confidential information by an 73 5 agent or employee of the authority. 73 6 5. Except as otherwise provided in this chapter, 73 7 attachments, garnishments, or executions authorized and issued 73 8 pursuant to law shall be withheld if timely served upon the 73 9 authority. 73 10 6. The provisions of this section shall only apply to 73 11 prizes paid directly by the authority and shall not apply to 73 12 any retailers authorized by the board to pay prizes of up to 73 13 six hundred dollars after deducting the price of the ticket or 73 14 share. 73 15 Sec. 95. NEW SECTION. 99G.42 COMPULSIVE GAMBLERS – 73 16 PRINTING ON TICKETS – INFORMATION AT RETAIL OUTLETS. 73 17 The authority shall cooperate with the gambling treatment 73 18 program administered by the Iowa department of public health 73 19 to incorporate information regarding the gambling treatment 73 20 program and its toll-free telephone number in printed 73 21 materials distributed by the authority. 73 22 Sec. 96. Section 7E.5, subsection 1, paragraph d, Code 73 23 2003, is amended to read as follows: 73 24 d. The department of revenue and finance, created in 73 25 section 421.2, which has primary responsibility for revenue 73 26 collection and revenue law compliance, and financial 73 27 management and assistance, and the Iowa lottery. 73 28 Sec. 97. Section 7E.6, subsection 3, Code 2003, is amended 73 29 to read as follows: 73 30 3. Any position of membership on thelotteryboard of the 73 31 Iowa lottery authority shall receive compensation of fifty 73 32 dollars per day and expenses. 73 33 Sec. 98. Section 8.22A, subsection 5, paragraph a, Code 73 34 2003, is amended to read as follows: 73 35 a. The amount of lottery revenues for the following fiscal 74 1 year to be available for disbursement following the deductions 74 2 made pursuant to section99E.1099G.39, subsection 1. 74 3 Sec. 99. Section 8.57, subsection 5, paragraph e, 74 4 unnumbered paragraph 2, Code 2003, is amended to read as 74 5 follows: 74 6 If the total amount of moneys directed to be deposited in 74 7 the general fund of the state under sections 99D.17 and 99F.11 74 8 in a fiscal year is less than the total amount of moneys 74 9 directed to be deposited in the vision Iowa fund and the 74 10 school infrastructure fund in the fiscal year pursuant to this 74 11 paragraph "e", the difference shall be paid from lottery 74 12 revenues in the manner provided in section99E.1099G.39, 74 13 subsection 3. 74 14 Sec. 100. Section 68B.35, subsection 2, paragraph e, Code 74 15 2003, is amended to read as follows: 74 16 e. Members of the banking board, the ethics and campaign 74 17 disclosure board, the credit union review board, the economic 74 18 development board, the employment appeal board, the 74 19 environmental protection commission, the health facilities 74 20 council, the Iowa finance authority, the Iowa public 74 21 employees' retirement system investment board, thelottery74 22 board of the Iowa lottery authority, the natural resource 74 23 commission, the board of parole, the petroleum underground 74 24 storage tank fund board, the public employment relations 74 25 board, the state racing and gaming commission, the state board 74 26 of regents, the tax review board, the transportation 74 27 commission, the office of consumer advocate, the utilities 74 28 board, the Iowa telecommunications and technology commission, 74 29 and any full-time members of other boards and commissions as 74 30 defined under section 7E.4 who receive an annual salary for 74 31 their service on the board or commission. 74 32 Sec. 101. Section 99A.10, Code 2003, is amended to read as 74 33 follows: 74 34 99A.10 MANUFACTURE AND DISTRIBUTION OF GAMBLING DEVICES 74 35 PERMITTED. 75 1 A person may manufacture or act as a distributor for 75 2 gambling devices for sale out of the state in another 75 3 jurisdiction where possession of the device is legal or for 75 4 sale in the state or use in the state if the use is permitted 75 5 pursuant to either chapter 99B or chapter99E99G. 75 6 Sec. 102. Section 99B.1, subsection 17, Code 2003, is 75 7 amended to read as follows: 75 8 17. "Merchandise" includes lottery tickets or shares sold 75 9 or authorized under chapter99E99G. The value of the ticket 75 10 or share is the price of the ticket or share as established by 75 11 the lottery division of the department of revenue and finance 75 12 pursuant to chapter99E99G. 75 13 Sec. 103. Section 99B.6, subsection 5, Code 2003, is 75 14 amended to read as follows: 75 15 5. Lottery tickets or shares authorized pursuant to 75 16 chapter99E99G may be sold on the premises of an 75 17 establishment that serves or sells alcoholic beverages, wine, 75 18 or beer as defined in section 123.3. 75 19 Sec. 104. Section 99B.7, subsection 1, paragraph l, 75 20 subparagraph (1), Code 2003, is amended to read as follows: 75 21 (1) No other gambling is engaged in at the same location, 75 22 except that lottery tickets or shares issued by the lottery 75 23 division of the department of revenue and finance may be sold 75 24 pursuant to chapter99E99G. 75 25 Sec. 105. Section 99B.15, Code 2003, is amended to read as 75 26 follows: 75 27 99B.15 APPLICABILITY OF CHAPTER – PENALTY. 75 28 It is the intent and purpose of this chapter to authorize 75 29 gambling in this state only to the extent specifically 75 30 permitted by a section of this chapter or chapter 99D,99E, or75 31 99F, or 99G. Except as otherwise provided in this chapter, 75 32 the knowing failure of any person to comply with the 75 33 limitations imposed by this chapter constitutes unlawful 75 34 gambling, a serious misdemeanor. 75 35 Sec. 106. Section 99F.2, Code 2003, is amended to read as 76 1 follows: 76 2 99F.2 SCOPE OF PROVISIONS. 76 3 This chapter does not apply to the pari-mutuel system of 76 4 wagering used or intended to be used in connection with the 76 5 horse-race or dog-race meetings as authorized under chapter 76 6 99D, lottery or lotto games authorized under chapter99E99G, 76 7 or bingo or games of skill or chance authorized under chapter 76 8 99B. 76 9 Sec. 107. Section 99F.11, subsection 3, Code 2003, is 76 10 amended to read as follows: 76 11 3. Three-tenths of one percent of the adjusted gross 76 12 receipts shall be deposited in the gambling treatment fund 76 13 specified in section99E.1099G.39, subsection 1, paragraph 76 14 "a". 76 15 Sec. 108. Section 123.49, subsection 2, paragraph a, Code 76 16 2003, is amended to read as follows: 76 17 a. Knowingly permit any gambling, except in accordance 76 18 with chapter 99B, 99D,99E, or99F, or 99G, or knowingly 76 19 permit solicitation for immoral purposes, or immoral or 76 20 disorderly conduct on the premises covered by the license or 76 21 permit. 76 22 Sec. 109. Section 321.19, subsection 1, unnumbered 76 23 paragraph 2, Code 2003, is amended to read as follows: 76 24 The department shall furnish, on application, free of 76 25 charge, distinguishing plates for vehicles thus exempted, 76 26 which plates except plates on Iowa state patrol vehicles shall 76 27 bear the word "official" and the department shall keep a 76 28 separate record. Registration plates issued for Iowa state 76 29 patrol vehicles, except unmarked patrol vehicles, shall bear 76 30 two red stars on a yellow background, one before and one 76 31 following the registration number on the plate, which 76 32 registration number shall be the officer's badge number. 76 33 Registration plates issued for county sheriff's patrol 76 34 vehicles shall display one seven-pointed gold star followed by 76 35 the letter "S" and the call number of the vehicle. However, 77 1 the director of general services or the director of 77 2 transportation may order the issuance of regular registration 77 3 plates for any exempted vehicle used by peace officers in the 77 4 enforcement of the law, persons enforcing chapter 124 and 77 5 other laws relating to controlled substances, persons in the 77 6 department of justice, the alcoholic beverages division of the 77 7 department of commerce, disease investigators of the Iowa 77 8 department of public health, the department of inspections and 77 9 appeals, and the department of revenue and finance, who are 77 10 regularly assigned to conduct investigations which cannot 77 11 reasonably be conducted with a vehicle displaying "official" 77 12 state registration plates, persons in the Iowa lottery 77 13division of the department of revenue and financeauthority 77 14 whose regularly assigned duties relating to security or the 77 15 carrying of lottery tickets cannot reasonably be conducted 77 16 with a vehicle displaying "official" registration plates, and 77 17 persons in the department of economic development who are 77 18 regularly assigned duties relating to existing industry 77 19 expansion or business attraction. For purposes of sale of 77 20 exempted vehicles, the exempted governmental body, upon the 77 21 sale of the exempted vehicle, may issue for in-transit 77 22 purposes a pasteboard card bearing the words "Vehicle in 77 23 Transit", the name of the official body from which the vehicle 77 24 was purchased, together with the date of the purchase plainly 77 25 marked in at least one-inch letters, and other information 77 26 required by the department. The in-transit card is valid for 77 27 use only within forty-eight hours after the purchase date as 77 28 indicated on the bill of sale which shall be carried by the 77 29 driver. 77 30 Sec. 110. Section 421.17, subsection 27, Code 2003, is 77 31 amended by striking the subsection. 77 32 Sec. 111. Section 422.16, subsection 1, unnumbered 77 33 paragraph 4, Code 2003, is amended to read as follows: 77 34 For the purposes of this subsection, state income tax shall 77 35 be withheld on winnings in excess of six hundred dollars 78 1 derived from gambling activities authorized under chapter 99B 78 2 or99E99G. State income tax shall be withheld on winnings in 78 3 excess of one thousand dollars from gambling activities 78 4 authorized under chapter 99D. State income tax shall be 78 5 withheld on winnings in excess of twelve hundred dollars 78 6 derived from slot machines authorized under chapter 99F. 78 7 Sec. 112. Section 422.43, subsection 2, Code 2003, is 78 8 amended to read as follows: 78 9 2. There is imposed a tax of five percent upon the gross 78 10 receipts derived from the operation of all forms of amusement 78 11 devices and games of skill, games of chance, raffles, and 78 12 bingo games as defined in chapter 99B, operated or conducted 78 13 within the state, the tax to be collected from the operator in 78 14 the same manner as for the collection of taxes upon the gross 78 15 receipts of tickets or admission as provided in this section. 78 16The tax shall also be imposed upon the gross receipts derived78 17from the sale of lottery tickets or shares pursuant to chapter78 1899E. The tax on the lottery tickets or shares shall be78 19included in the sales price and distributed to the general78 20fund as provided in section 99E.10.78 21 Sec. 113. Section 422B.8, unnumbered paragraph 1, Code 78 22 2003, is amended to read as follows: 78 23 A local sales and services tax at the rate of not more than 78 24 one percent may be imposed by a county on the gross receipts 78 25 taxed by the state under chapter 422, division IV. A local 78 26 sales and services tax shall be imposed on the same basis as 78 27 the state sales and services tax or in the case of the use of 78 28 natural gas, natural gas service, electricity, or electric 78 29 service on the same basis as the state use tax and shall not 78 30 be imposed on the sale of any property or on any service not 78 31 taxed by the state, except the tax shall not be imposed on the 78 32 gross receipts from the sale of motor fuel or special fuel as 78 33 defined in chapter 452A which is consumed for highway use or 78 34 in watercraft or aircraft if the fuel tax is paid on the 78 35 transaction and a refund has not or will not be allowed, on 79 1 the gross receipts from the rental of rooms, apartments, or 79 2 sleeping quarters which are taxed under chapter 422A during 79 3 the period the hotel and motel tax is imposed, on the gross 79 4 receipts from the sale of equipment by the state department of 79 5 transportation, on the gross receipts from the sale of self- 79 6 propelled building equipment, pile drivers, motorized 79 7 scaffolding, or attachments customarily drawn or attached to 79 8 self-propelled building equipment, pile drivers, and motorized 79 9 scaffolding, including auxiliary attachments which improve the 79 10 performance, safety, operation, or efficiency of the equipment 79 11 and replacement parts and are directly and primarily used by 79 12 contractors, subcontractors, and builders for new 79 13 construction, reconstruction, alterations, expansion, or 79 14 remodeling of real property or structures, and on the gross 79 15 receipts from the sale of a lottery ticket or share in a 79 16 lottery game conducted pursuant to chapter99E99G and except 79 17 the tax shall not be imposed on the gross receipts from the 79 18 sale or use of natural gas, natural gas service, electricity, 79 19 or electric service in a city or county where the gross 79 20 receipts from the sale of natural gas or electric energy are 79 21 subject to a franchise fee or user fee during the period the 79 22 franchise or user fee is imposed. A local sales and services 79 23 tax is applicable to transactions within those incorporated 79 24 and unincorporated areas of the county where it is imposed and 79 25 shall be collected by all persons required to collect state 79 26 gross receipts taxes. However, a person required to collect 79 27 state retail sales tax under chapter 422, division IV, is not 79 28 required to collect local sales and services tax on 79 29 transactions delivered within the area where the local sales 79 30 and services tax is imposed unless the person has physical 79 31 presence in that taxing area. All cities contiguous to each 79 32 other shall be treated as part of one incorporated area and 79 33 the tax would be imposed in each of those contiguous cities 79 34 only if the majority of those voting in the total area covered 79 35 by the contiguous cities favor its imposition. 80 1 Sec. 114. Section 422E.3, subsection 2, Code 2003, is 80 2 amended to read as follows: 80 3 2. The tax shall be imposed on the same basis as the state 80 4 sales and services tax or in the case of the use of natural 80 5 gas, natural gas service, electricity, or electric service on 80 6 the same basis as the state use tax and shall not be imposed 80 7 on the sale of any property or on any service not taxed by the 80 8 state, except the tax shall not be imposed on the gross 80 9 receipts from the sale of motor fuel or special fuel as 80 10 defined in chapter 452A which is consumed for highway use or 80 11 in watercraft or aircraft if the fuel tax is paid on the 80 12 transaction and a refund has not or will not be allowed, on 80 13 the gross receipts from the rental of rooms, apartments, or 80 14 sleeping quarters which are taxed under chapter 422A during 80 15 the period the hotel and motel tax is imposed, on the gross 80 16 receipts from the sale of equipment by the state department of 80 17 transportation, on the gross receipts from the sale of self- 80 18 propelled building equipment, pile drivers, motorized 80 19 scaffolding, or attachments customarily drawn or attached to 80 20 self-propelled building equipment, pile drivers, and motorized 80 21 scaffolding, including auxiliary attachments which improve the 80 22 performance, safety, operation, or efficiency of the 80 23 equipment, and replacement parts and are directly and 80 24 primarily used by contractors, subcontractors, and builders 80 25 for new construction, reconstruction, alterations, expansion, 80 26 or remodeling of real property or structures, and on the gross 80 27 receipts from the sale of a lottery ticket or share in a 80 28 lottery game conducted pursuant to chapter99E99G and except 80 29 the tax shall not be imposed on the gross receipts from the 80 30 sale or use of natural gas, natural gas service, electricity, 80 31 or electric service in a city or county where the gross 80 32 receipts from the sale of natural gas or electric energy are 80 33 subject to a franchise fee or user fee during the period the 80 34 franchise or user fee is imposed. 80 35 Sec. 115. Section 537A.4, unnumbered paragraph 2, Code 81 1 2003, is amended to read as follows: 81 2 This section does not apply to a contract for the operation 81 3 of or for the sale or rental of equipment for games of skill 81 4 or games of chance, if both the contract and the games are in 81 5 compliance with chapter 99B. This section does not apply to 81 6 wagering under the pari-mutuel method of wagering authorized 81 7 by chapter 99D. This section does not apply to the sale, 81 8 purchase or redemption of a ticket or share in the state 81 9 lottery in compliance with chapter99E99G. This section does 81 10 not apply to wagering under the excursion boat gambling method 81 11 of wagering authorized by chapter 99F. This section does not 81 12 apply to the sale, purchase, or redemption of any ticket or 81 13 similar gambling device legally purchased in Indian lands 81 14 within this state. 81 15 Sec. 116. Section 714B.10, subsection 1, Code 2003, is 81 16 amended to read as follows: 81 17 1. Advertising by sponsors registered pursuant to chapter 81 18 557B, licensed pursuant to chapter 99B, or regulated pursuant 81 19 to chapter 99D,99E, or99F, or 99G. 81 20 Sec. 117. Section 725.9, subsection 5, Code 2003, is 81 21 amended to read as follows: 81 22 5. This chapter does not prohibit the possession of 81 23 gambling devices by a manufacturer or distributor if the 81 24 possession is solely for sale out of the state in another 81 25 jurisdiction where possession of the device is legal or for 81 26 sale in the state or use in the state if the use is licensed 81 27 pursuant to either chapter 99B or chapter99E99G. 81 28 Sec. 118. Section 725.15, Code 2003, is amended to read as 81 29 follows: 81 30 725.15 EXCEPTIONS FOR LEGAL GAMBLING. 81 31 Sections 725.5 to 725.10 and 725.12 do not apply to a game, 81 32 activity, ticket, or device when lawfully possessed, used, 81 33 conducted, or participated in pursuant to chapter 99B,99E, or81 34 99F, or 99G. 81 35 Sec. 119. Chapter 99E, Code 2003, is repealed. 82 1 Sec. 120. IOWA LOTTERY AUTHORITY – TRANSITION PROVISIONS. 82 2 1. For purposes of this section, unless the context 82 3 otherwise requires: 82 4 a. "Iowa lottery authority" means the Iowa lottery 82 5 authority as created in this Act pursuant to chapter 99G. 82 6 b. "Iowa lottery board" means the five-member board 82 7 established pursuant to 1985 Iowa Acts, chapter 33, section 82 8 105. 82 9 c. "Lottery division" means the lottery division of the 82 10 department of revenue and finance established pursuant to 1985 82 11 Iowa Acts, chapter 33, section 103. 82 12 2. The Iowa lottery authority shall be the legal successor 82 13 to the lottery division and, as such, shall assume all rights, 82 14 privileges, obligations, and responsibilities of the lottery 82 15 division. The promulgated rules of the lottery division shall 82 16 remain in full force and effect as the rules of the authority 82 17 until amended or repealed by the authority. In addition, the 82 18 Iowa lottery authority may continue the security practices and 82 19 procedures utilized by the lottery division until amended or 82 20 repealed by the authority. 82 21 3. The Iowa lottery authority is created effective at 82 22 12:01 a.m. on September 1, 2003, upon which date and time the 82 23 authority shall become the legal successor to the lottery 82 24 division. Until the aforesaid date and time, no business 82 25 shall be conducted by the authority on behalf of the lottery, 82 26 provided, however, that the Iowa lottery commissioner and Iowa 82 27 lottery board shall implement such measures as are appropriate 82 28 to ensure a smooth transition from the agency to the Iowa 82 29 lottery authority as of the effective date of succession. 82 30 4. Notwithstanding any provision of chapter 99G, as 82 31 created by this Act, to the contrary, the commissioner of the 82 32 Iowa lottery established pursuant to 1985 Iowa Acts, chapter 82 33 33, section 103, as amended by 1986 Iowa Acts, chapter 1245, 82 34 section 404, shall serve as the initial chief executive 82 35 officer of the Iowa lottery authority. In addition, 83 1 notwithstanding any provision of section 99G.9, as created by 83 2 this Act, to the contrary, the term of office for the chief 83 3 executive officer of the Iowa lottery authority as of 83 4 September 1, 2003, shall end April 30, 2008. 83 5 5. Notwithstanding any provision of chapter 99G, as 83 6 created by this Act, to the contrary, the initial board of 83 7 directors of the Iowa lottery authority shall consist of the 83 8 duly appointed and confirmed members of the Iowa lottery board 83 9 serving at the date of succession. Said board members shall 83 10 serve as members of the Iowa lottery authority's board of 83 11 directors throughout the remainder of their respective Iowa 83 12 lottery board terms, subject to earlier resignation or removal 83 13 from office for cause as provided by this Act. 83 14 6. Personnel of the lottery division employed on September 83 15 1, 2003, shall transition to the Iowa lottery authority as the 83 16 initial authority employees. 83 17 7. Whereas the lottery division was authorized only as a 83 18 self-funded enterprise and except for an initial appropriation 83 19 for start-up expenses, funds of the state have not been 83 20 authorized for use or obligation to pay the expenses or prizes 83 21 of the lottery division. The Iowa lottery authority shall 83 22 function as the legal successor to the lottery division and 83 23 shall assume all of the assets and obligations of the lottery 83 24 division, and funds of the state shall not be used or 83 25 obligated to pay the expenses or prizes of the authority or 83 26 its predecessor, the lottery division. 83 27 8. In order to effect an immediate and efficient 83 28 transition of the lottery from the lottery division to the 83 29 Iowa lottery authority, as soon as practicable, the Iowa 83 30 lottery authority shall do all of the following: 83 31 a. Take such steps and enter into such agreements as the 83 32 board of the Iowa lottery authority may determine are 83 33 necessary and proper in order to effect the transfer, 83 34 assignment, and delivery to the authority from the state of 83 35 all the tangible and intangible assets constituting the 84 1 lottery, including the exclusive right to operate the lottery 84 2 and the assignment to and assumption by the authority of all 84 3 agreements, covenants, and obligations of the lottery division 84 4 and other agencies of the state, relating to the operation and 84 5 management of the lottery. 84 6 b. Receive as transferee from the state of Iowa all of the 84 7 tangible and intangible assets constituting the lottery 84 8 including, without limitation, the exclusive authorization to 84 9 operate a lottery in the state of Iowa and ownership of 84 10 annuities and bonds purchased prior to the date of transfer 84 11 and held in the name of the Iowa lottery for payment of 84 12 lottery prizes, and shall assume and discharge all of the 84 13 agreements, covenants, and obligations of the lottery division 84 14 entered into and constituting part of the operation and 84 15 management of the lottery. In consideration for such transfer 84 16 and assumption, the Iowa lottery authority shall transfer to 84 17 the state all net profits of the authority, at such times and 84 18 subject to such financial transfer requirements as are 84 19 provided in this Act. 84 20 c. Have perpetual succession as an instrumentality of the 84 21 state and a public authority. 84 22 9. Notwithstanding any provision of chapter 99G, as 84 23 created by this Act, to the contrary, the following provisions 84 24 shall apply to the Iowa lottery authority: 84 25 a. Moneys appropriated from the lottery fund to the 84 26 department of revenue and finance, for administration of the 84 27 lottery for the fiscal year beginning July 1, 2003, and 84 28 unexpended prior to September 1, 2003, shall be appropriated 84 29 to the Iowa lottery authority for operation of the lottery. 84 30 b. Of the moneys collected by the lottery division and 84 31 Iowa lottery authority for the fiscal year beginning July 1, 84 32 2003, fifty-four million eight hundred thousand dollars shall 84 33 be transferred to the general fund of the state. 84 34 c. Any authority for establishing the budget of the Iowa 84 35 lottery authority pursuant to chapter 99G, as created by this 85 1 Act, shall only apply for the fiscal year beginning July 1, 85 2 2004, and each succeeding fiscal year. 85 3 Sec. 121. EFFECTIVE DATE. This division of this Act, 85 4 creating the Iowa lottery authority, takes effect September 1, 85 5 2003. 85 6 85 7 85 8 85 9 MARY E. KRAMER 85 10 President of the Senate 85 11 85 12 85 13 85 14 CHRISTOPHER C. RANTS 85 15 Speaker of the House 85 16 85 17 I hereby certify that this bill originated in the Senate and 85 18 is known as Senate File 453, Eightieth General Assembly. 85 19 85 20 85 21 85 22 MICHAEL E. MARSHALL 85 23 Secretary of the Senate 85 24 Approved , 2003 85 25 85 26 85 27 85 28 THOMAS J. VILSACK 85 29 Governor
Text: SF00452 Text: SF00454 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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