Text: SSB01162 Text: SSB01164 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 12C.1, subsection 2, paragraph e, Code 1 2 2003, is amended to read as follows: 1 3 e. "Public funds" and "public deposits" meantheany of 1 4 the following: 1 5 (1) The moneys of the state or a political subdivision or 1 6 instrumentality of the state including a county, school 1 7 corporation, special district, drainage district, 1 8 unincorporated town or township, municipality, or municipal 1 9 corporation or any agency, board, or commission of the state 1 10 or a political subdivision;. Moneys of the state include 1 11 moneys which are transmitted to a depositary for purposes of 1 12 completing an electronic financial transaction pursuant to 1 13 section 159.43. 1 14 (2) The moneys of any court or public body noted in 1 15 subsection 1;. 1 16 (3) The moneys of a legal or administrative entity created 1 17 pursuant to chapter 28E;. 1 18 (4) The moneys of an electric power agency as defined in 1 19 section 28F.2 or 476A.20; and federal. 1 20 (5) Federal and state grant moneys of a quasi-public state 1 21 entity that are placed in a depository pursuant to this 1 22 chapter. 1 23 SUBCHAPTER III 1 24 ASSISTANCE SERVICES 1 25 Sec. 2. NEW SECTION. 159.40 DEFINITIONS. 1 26 As used in this subchapter, unless the context otherwise 1 27 requires: 1 28 1. "Depositary" means a qualified person who executes a 1 29 contract with the department pursuant to section 159.41 to 1 30 provide assistance services as provided in this subchapter. 1 31 2. "Electronic funds transfer" means a remote electronic 1 32 transmission used for ordering, instructing, or authorizing a 1 33 financial institution to apply money to or credit the account 1 34 of the payee and debit the account of the payer. The remote 1 35 electronic transmission may be initiated by telephone, 2 1 computer, or similar device. 2 2 3. "Filing document" means any of the following: 2 3 a. An application for a license, permit, or certification, 2 4 required to be submitted to the department as provided in this 2 5 title. 2 6 b. A registration required to be submitted to the 2 7 department as provided in this title. 2 8 4. "Filing document fee" means a fee or other charge 2 9 established by statute or rule which is required to accompany 2 10 a filing document submitted to the department as provided in 2 11 this title. 2 12 Sec. 3. NEW SECTION. 159.41 ASSISTANCE SERVICES – 2 13 AUTHORITY TO CONTRACT WITH DEPOSITARY. 2 14 Whenever practical, the department may execute a contract 2 15 with a person qualified to provide assistance services under 2 16 this subchapter, if the contract for the assistance services 2 17 is cost-effective and the quality of the services ensures 2 18 compliance with state and any applicable federal law. A 2 19 person executing a contract with the department for the 2 20 purpose of providing the assistance services shall be deemed 2 21 to be a depositary of the state and an agent of the department 2 22 only for purposes expressly provided in this subchapter. The 2 23 department shall periodically review assistance services 2 24 performed by a person under the contract to ensure that 2 25 quality, cost-effective service is being provided. 2 26 Sec. 4. NEW SECTION. 159.42 ASSISTANCE SERVICES – 2 27 FILING DOCUMENTS. 2 28 1. A contract executed under this subchapter may require 2 29 that a depositary provide for the receipt, acceptance, and 2 30 storage of filing documents that are sent in an electronic 2 31 format to the depositary by persons who would otherwise be 2 32 required to submit filing documents to the department under 2 33 other provisions of this title. The contract shall be 2 34 governed under the same provisions as provided in section 2 35 14B.202. 3 1 2. a. A depositary must send filing documents that it 3 2 receives to the department for processing, including for the 3 3 approval or disapproval of an application or the 3 4 acknowledgement of a registration. The receipt of the filing 3 5 document by the depositary shall be deemed receipt of the 3 6 filing document but not an approval of an application or 3 7 acknowledgement of a registration by the department. 3 8 b. A depositary may send a person notice of the 3 9 department's approval or disapproval of an application or 3 10 acknowledgement of a registration. The department and not a 3 11 depositary shall be considered the lawful custodian of the 3 12 department's filing documents which shall be public records as 3 13 provided in chapter 22. 3 14 3. A filing document that is transmitted electronically to 3 15 a depositary or from a depositary to another person is an 3 16 electronic record for purposes of chapter 554D. An 3 17 application or registration required to be signed must be 3 18 authenticated by an electronic signature as provided by the 3 19 department in conformance with chapter 554D. 3 20 Sec. 5. NEW SECTION. 159.43 ASSISTANCE SERVICES – 3 21 COLLECTION OF MONEYS. 3 22 1. A contract executed under this subchapter may require 3 23 that a depositary provide for the receipt, acceptance, and 3 24 transmission of moneys owed to the department by a person in 3 25 order to satisfy a liability arising from the operation of law 3 26 which is limited to filing document fees and civil penalties. 3 27 These moneys are public funds or public deposits as provided 3 28 in chapter 12. The depositary shall transfer the moneys to 3 29 the department for deposit into the general fund of the state 3 30 unless the disposition of the moneys is specifically provided 3 31 for under other law. 3 32 2. A depositary may commit its assets to lines of credit 3 33 pursuant to credit arrangements, including but not limited to 3 34 agreements with credit and debit cardholders and with other 3 35 credit or debit card issuers. The depositary may accept forms 4 1 of payment including credit cards, debit cards, or electronic 4 2 funds transfer. 4 3 3. The moneys owed to the department shall not exceed the 4 4 amount required to satisfy the liability arising from the 4 5 operation of law. However, the contract executed under this 4 6 subchapter may provide for assistance service charges, 4 7 including service delivery fees, credit card fees, debit card 4 8 fees, and electronic funds transfer charges payable to the 4 9 depositary or another party and not to the state. An 4 10 assistance service charge shall not exceed that permitted by 4 11 statute. The contract may also provide for the retention of 4 12 interest earned on moneys under the control of the depositary. 4 13 These moneys are not considered public funds or public 4 14 deposits as provided in chapter 12. 4 15 4. The depositary, as required by the department for 4 16 purposes of determining compliance, shall send information to 4 17 the department including payment information for an identified 4 18 filing document fee or the payment of a specific civil 4 19 penalty. 4 20 5. Each calendar year, the auditor of state shall conduct 4 21 an annual audit of the activities of the depositary. 4 22 Sec. 6. NEW SECTION. 159.44 FILING DOCUMENTS AND PAYMENT 4 23 OF MONEYS TO DEPARTMENT. 4 24 Nothing in this subchapter shall prevent a person from 4 25 submitting a filing document or making a payment to the 4 26 department as otherwise provided in this title. 4 27 Sec. 7. DIRECTIONS TO CODE EDITOR. 4 28 1. The Code editor shall transfer section 159.31 to new 4 29 section 159.26. 4 30 2. The Code editor shall divide chapter 159 into 4 31 subchapters and eliminate captions which do not include 4 32 sections containing law text. The Code editor shall 4 33 consolidate or eliminate the repeal, reserve, and transfer 4 34 entries in chapter 159 of the 2003 Iowa Code in order to 4 35 enhance the readability of the chapter. As part of 5 1 consolidating or eliminating the entries, the Code editor 5 2 shall provide directions to the reader that explain where 5 3 historical information pertaining to the repeal, transfer, or 5 4 reserving of those entries may be obtained. 5 5 EXPLANATION 5 6 This bill amends Code chapter 159, which includes general 5 7 administrative and regulatory authority of the department of 5 8 agriculture and land stewardship. Generally, provisions 5 9 relating to the powers and duties of the department are 5 10 contained in Title V of the Code. Many Code chapters in this 5 11 title provide for regulation, including the application for 5 12 and the approval of licenses, permits, and certifications. 5 13 Some Code chapters contain registration requirements. Code 5 14 chapters of note include those regulating the care of animals 5 15 in commercial establishments; infectious and contagious 5 16 diseases among animals; the disposal of dead animals; 5 17 veterinary practice; the marking and branding of livestock; 5 18 slaughterhouse operations; meat and poultry inspection; 5 19 organic food production; dairy food production; the labeling 5 20 and sale of regulation of commercial feed, agricultural seeds, 5 21 fertilizers and soil conditioners, and agricultural lime; the 5 22 regulation of grain dealers and grain warehouse operators; the 5 23 regulation of pesticides and their use; and the inspection of 5 24 weights and measures including gas pumps. 5 25 The bill provides that the department may execute a 5 26 contract with a person qualified to provide assistance 5 27 services. The person is referred to as a depositary. The 5 28 services are limited to the receipt, acceptance, and storage 5 29 of applications for licenses, permits, and certifications and 5 30 for registrations (referred to as filing documents). 5 31 According to the bill, the depositary must send filing 5 32 documents that it receives to the department for processing, 5 33 including for the approval or disapproval of an application or 5 34 the acknowledgement of a registration. 5 35 The bill also provides that the department may execute a 6 1 contract with a depositary to collect moneys owed to the 6 2 department by a person in order to satisfy a liability arising 6 3 from the operation of law which is limited to filing document 6 4 fees and civil penalties. The bill authorizes the depositary 6 5 to commit its assets to lines of credit and may accept forms 6 6 of payment, including credit cards, debit cards, or electronic 6 7 funds transfer. Moneys collected by the depositary must be 6 8 transmitted to the department for deposit into the general 6 9 fund of the state. The bill provides for audits of the system 6 10 by the auditor of state. 6 11 The bill provides directions to the Code editor necessary 6 12 to enhance the readability of the Code. 6 13 LSB 3064SC 80 6 14 da/cf/24
Text: SSB01162 Text: SSB01164 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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