House File 2521 - Enrolled

PAG LIN



  1  1                                          HOUSE FILE 2521
  1  2
  1  3                             AN ACT
  1  4 RELATING TO AND MAKING APPROPRIATIONS TO CERTAIN STATE
  1  5    DEPARTMENTS, AGENCIES, FUNDS, AND CERTAIN OTHER ENTITIES,
  1  6    PROVIDING FOR REGULATORY AUTHORITY, AND OTHER PROPERLY
  1  7    RELATED MATTERS AND PROVIDING AN EFFECTIVE DATE.
  1  8
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10
  1 11                           DIVISION I
  1 12          ADMINISTRATION AND REGULATION APPROPRIATIONS
  1 13    Section 1.  DEPARTMENT OF ADMINISTRATIVE SERVICES.  There
  1 14 is appropriated from the general fund of the state to the
  1 15 department of administrative services for the fiscal year
  1 16 beginning July 1, 2006, and ending June 30, 2007, the
  1 17 following amounts, or so much thereof as is necessary, to be
  1 18 used for the purposes designated:
  1 19    1.  For salaries, support, maintenance, and miscellaneous
  1 20 purposes, and for not more than the following full=time
  1 21 equivalent positions:
  1 22 .................................................. $  5,836,824
  1 23 ............................................... FTEs     451.68
  1 24    UTILITY COSTS
  1 25    2.  For the payment of utility costs:
  1 26 .................................................. $  3,080,865
  1 27    Notwithstanding section 8.33, any excess funds appropriated
  1 28 for utility costs in this subsection shall not revert to the
  1 29 general fund of the state at the end of the fiscal year but
  1 30 shall remain available for expenditure for the purposes of
  1 31 this subsection during the fiscal year beginning July 1, 2007.
  1 32    It is the intent of the general assembly that the
  1 33 department shall reduce utility costs through energy
  1 34 conservation practices.  The goal of the general assembly is
  1 35 to reduce energy use by ten percent to save money, conserve
  2  1 energy resources, and reduce pollution.
  2  2    3.  For financial administration duties:
  2  3 .................................................. $    200,000
  2  4    4.  Members of the general assembly serving as members of
  2  5 the deferred compensation advisory board shall be entitled to
  2  6 receive per diem and necessary travel and actual expenses
  2  7 pursuant to section 2.10, subsection 5, while carrying out
  2  8 their official duties as members of the board.
  2  9    5.  Any funds and premiums collected by the department for
  2 10 workers' compensation shall be segregated into a separate
  2 11 workers' compensation fund in the state treasury to be used
  2 12 for payment of state employees' workers' compensation claims
  2 13 and administrative costs.  Notwithstanding section 8.33,
  2 14 unencumbered or unobligated moneys remaining in this workers'
  2 15 compensation fund at the end of the fiscal year shall not
  2 16 revert but shall be available for expenditure for purposes of
  2 17 the fund for subsequent fiscal years.
  2 18    Sec. 2.  DEPARTMENTAL START=UP FUNDING == REVOLVING FUNDS.
  2 19    1.  In addition to the amount appropriated to the
  2 20 department of administrative services in section 1, subsection
  2 21 1 of this Act, the department is authorized to expend an
  2 22 additional amount not to exceed $359,560 per fiscal year for
  2 23 the purposes of the department for the fiscal period
  2 24 commencing July 1, 2006, and ending June 30, 2010, and an
  2 25 additional amount not to exceed $91,810 for the fiscal year
  2 26 commencing July 1, 2010.  Such amounts shall be expended from
  2 27 general fund moneys deposited in revolving funds under the
  2 28 control of the department that were appropriated to the
  2 29 department pursuant to 2004 Iowa Acts, chapter 1175, section
  2 30 2.
  2 31    2.  Amounts expended pursuant to this section shall be
  2 32 considered repayment amounts to the general fund and shall
  2 33 reduce the total amount to be repaid to the general fund until
  2 34 such time as the total amount of the general fund moneys
  2 35 deposited in revolving funds under the control of the
  3  1 department that were appropriated to the department pursuant
  3  2 to 2004 Iowa Acts, chapter 1175, section 2, are repaid.
  3  3    Sec. 3.  REVOLVING FUNDS.  There is appropriated to the
  3  4 department of administrative services for the fiscal year
  3  5 beginning July 1, 2006, and ending June 30, 2007, from the
  3  6 revolving funds designated in chapter 8A and from internal
  3  7 service funds created by the department, such amounts as the
  3  8 department deems necessary for the operation of the department
  3  9 consistent with the requirements of chapter 8A.
  3 10    Sec. 4.  FUNDING FOR IOWACCESS.
  3 11    1.  Notwithstanding section 321A.3, subsection 1, for the
  3 12 fiscal year beginning July 1, 2006, and ending June 30, 2007,
  3 13 the first $1,000,000 collected and transferred by the
  3 14 department of transportation to the treasurer of state with
  3 15 respect to the fees for transactions involving the furnishing
  3 16 of a certified abstract of a vehicle operating record under
  3 17 section 321A.3, subsection 1, shall be transferred to the
  3 18 IowAccess revolving fund established by section 8A.224 and
  3 19 administered by the department of administrative services for
  3 20 the purposes of developing, implementing, maintaining, and
  3 21 expanding electronic access to government records as provided
  3 22 by law.
  3 23    2.  All fees collected with respect to transactions
  3 24 involving IowAccess shall be deposited in the IowAccess
  3 25 revolving fund and shall be used only for the support of
  3 26 IowAccess projects.
  3 27    Sec. 5.  STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION
  3 28 CHARGE.  For the fiscal year beginning July 1, 2006, and
  3 29 ending June 30, 2007, the monthly per contract administrative
  3 30 charge which may be assessed by the department of
  3 31 administrative services shall be $2.00 per contract on all
  3 32 health insurance plans administered by the department.
  3 33    Sec. 6.  AUDITOR OF STATE.  There is appropriated from the
  3 34 general fund of the state to the office of the auditor of
  3 35 state for the fiscal year beginning July 1, 2006, and ending
  4  1 June 30, 2007, the following amount, or so much thereof as is
  4  2 necessary, to be used for the purposes designated:
  4  3    For salaries, support, maintenance, and miscellaneous
  4  4 purposes, and for not more than the following full=time
  4  5 equivalent positions:
  4  6 .................................................. $  1,207,341
  4  7 ............................................... FTEs     102.50
  4  8    The auditor of state may retain additional full=time
  4  9 equivalent positions as is reasonable and necessary to perform
  4 10 governmental subdivision audits which are reimbursable
  4 11 pursuant to section 11.20 or 11.21, to perform audits which
  4 12 are requested by and reimbursable from the federal government,
  4 13 and to perform work requested by and reimbursable from
  4 14 departments or agencies pursuant to section 11.5A or 11.5B.
  4 15 The auditor of state shall notify the department of
  4 16 management, the legislative fiscal committee, and the
  4 17 legislative services agency of the additional full=time
  4 18 equivalent positions retained.
  4 19    Sec. 7.  IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD.  There
  4 20 is appropriated from the general fund of the state to the Iowa
  4 21 ethics and campaign disclosure board for the fiscal year
  4 22 beginning July 1, 2006, and ending June 30, 2007, the
  4 23 following amount, or so much thereof as is necessary, for the
  4 24 purposes designated:
  4 25    For salaries, support, maintenance, and miscellaneous
  4 26 purposes, and for not more than the following full=time
  4 27 equivalent positions:
  4 28 .................................................. $    497,056
  4 29 ............................................... FTEs       6.00
  4 30    Sec. 8.  DEPARTMENT OF COMMERCE.  There is appropriated
  4 31 from the general fund of the state to the department of
  4 32 commerce for the fiscal year beginning July 1, 2006, and
  4 33 ending June 30, 2007, the following amounts, or so much
  4 34 thereof as is necessary, for the purposes designated:
  4 35    1.  ALCOHOLIC BEVERAGES DIVISION
  5  1    For salaries, support, maintenance, and miscellaneous
  5  2 purposes, and for not more than the following full=time
  5  3 equivalent positions:
  5  4 .................................................. $  1,930,962
  5  5 ............................................... FTEs      36.00
  5  6    2.  BANKING DIVISION
  5  7    For salaries, support, maintenance, and miscellaneous
  5  8 purposes, and for not more than the following full=time
  5  9 equivalent positions:
  5 10 .................................................. $  7,222,008
  5 11 ............................................... FTEs      71.00
  5 12    3.  CREDIT UNION DIVISION
  5 13    For salaries, support, maintenance, and miscellaneous
  5 14 purposes, and for not more than the following full=time
  5 15 equivalent positions:
  5 16 .................................................. $  1,455,874
  5 17 ............................................... FTEs      18.00
  5 18    4.  INSURANCE DIVISION
  5 19    a.  For salaries, support, maintenance, and miscellaneous
  5 20 purposes, and for not more than the following full=time
  5 21 equivalent positions:
  5 22 .................................................. $  4,517,481
  5 23 ............................................... FTEs     101.00
  5 24    b.  The insurance division may reallocate authorized full=
  5 25 time equivalent positions as necessary to respond to
  5 26 accreditation recommendations or requirements.  The insurance
  5 27 division expenditures for examination purposes may exceed the
  5 28 projected receipts, refunds, and reimbursements, estimated
  5 29 pursuant to section 505.7, subsection 7, including the
  5 30 expenditures for retention of additional personnel, if the
  5 31 expenditures are fully reimbursable and the division first
  5 32 does both of the following:
  5 33    (1)  Notifies the department of management, the legislative
  5 34 services agency, and the legislative fiscal committee of the
  5 35 need for the expenditures.
  6  1    (2)  Files with each of the entities named in subparagraph
  6  2 (1) the legislative and regulatory justification for the
  6  3 expenditures, along with an estimate of the expenditures.
  6  4    c.  The insurance division shall allocate $10,000 from the
  6  5 examination receipts for the payment of its fees to the
  6  6 national council of insurance legislators.
  6  7    5.  PROFESSIONAL LICENSING AND REGULATION BUREAU
  6  8    For salaries, support, maintenance, and miscellaneous
  6  9 purposes, and for not more than the following full=time
  6 10 equivalent positions:
  6 11 .................................................. $    793,462
  6 12 ............................................... FTEs      13.50
  6 13    6.  UTILITIES DIVISION
  6 14    a.  For salaries, support, maintenance, and miscellaneous
  6 15 purposes, and for not more than the following full=time
  6 16 equivalent positions:
  6 17 .................................................. $  7,230,820
  6 18 ............................................... FTEs      79.00
  6 19    b.  The utilities division may expend additional funds,
  6 20 including funds for additional personnel, if those additional
  6 21 expenditures are actual expenses which exceed the funds
  6 22 budgeted for utility regulation and the expenditures are fully
  6 23 reimbursable.  Before the division expends or encumbers an
  6 24 amount in excess of the funds budgeted for regulation, the
  6 25 division shall first do both of the following:
  6 26    (1)  Notify the department of management, the legislative
  6 27 services agency, and the legislative fiscal committee of the
  6 28 need for the expenditures.
  6 29    (2)  File with each of the entities named in subparagraph
  6 30 (1) the legislative and regulatory justification for the
  6 31 expenditures, along with an estimate of the expenditures.
  6 32    7.  CHARGES == TRAVEL.  Each division and the office of
  6 33 consumer advocate shall include in its charges assessed or
  6 34 revenues generated, an amount sufficient to cover the amount
  6 35 stated in its appropriation, and any state=assessed indirect
  7  1 costs determined by the department of administrative services.
  7  2 The director of the department of commerce shall review on a
  7  3 quarterly basis all out=of=state travel for the previous
  7  4 quarter for officers and employees of each division of the
  7  5 department if the travel is not already authorized by the
  7  6 executive council.
  7  7    Sec. 9.  DEPARTMENT OF COMMERCE == PROFESSIONAL LICENSING
  7  8 AND REGULATION.  There is appropriated from the housing
  7  9 improvement fund of the Iowa department of economic
  7 10 development to the bureau of professional licensing and
  7 11 regulation of the banking division of the department of
  7 12 commerce for the fiscal year beginning July 1, 2006, and
  7 13 ending June 30, 2007, the following amount, or so much thereof
  7 14 as is necessary, to be used for the purposes designated:
  7 15    For salaries, support, maintenance, and miscellaneous
  7 16 purposes:
  7 17 .................................................. $     62,317
  7 18    Sec. 10.  GOVERNOR AND LIEUTENANT GOVERNOR.  There is
  7 19 appropriated from the general fund of the state to the offices
  7 20 of the governor and the lieutenant governor for the fiscal
  7 21 year beginning July 1, 2006, and ending June 30, 2007, the
  7 22 following amounts, or so much thereof as is necessary, to be
  7 23 used for the purposes designated:
  7 24    1.  GENERAL OFFICE
  7 25    For salaries, support, maintenance, and miscellaneous
  7 26 purposes for the general office of the governor and the
  7 27 general office of the lieutenant governor, and for not more
  7 28 than the following full=time equivalent positions:
  7 29 .................................................. $  1,823,111
  7 30 ............................................... FTEs      19.25
  7 31    2.  TERRACE HILL QUARTERS
  7 32    For salaries, support, maintenance, and miscellaneous
  7 33 purposes for the governor's quarters at Terrace Hill, and for
  7 34 not more than the following full=time equivalent positions:
  7 35 .................................................. $    378,633
  8  1 ............................................... FTEs       8.00
  8  2    3.  ADMINISTRATIVE RULES COORDINATOR
  8  3    For salaries, support, maintenance, and miscellaneous
  8  4 purposes for the office of administrative rules coordinator,
  8  5 and for not more than the following full=time equivalent
  8  6 positions:
  8  7 .................................................. $    150,013
  8  8 ............................................... FTEs       3.00
  8  9    4.  NATIONAL GOVERNORS ASSOCIATION
  8 10    For payment of Iowa's membership in the national governors
  8 11 association:
  8 12 .................................................. $     64,393
  8 13    5.  STATE=FEDERAL RELATIONS
  8 14    For salaries, support, maintenance, and miscellaneous
  8 15 purposes, and for not more than the following full=time
  8 16 equivalent positions:
  8 17 .................................................. $    115,748
  8 18 ............................................... FTEs       2.00
  8 19    6.  TRANSITION COSTS
  8 20    a.  For payment of vacation allowances:
  8 21 .................................................. $     77,057
  8 22    b.  For payment to the governor=elect expense fund in lieu
  8 23 of the appropriation from the general fund of the state under
  8 24 section 7.13 to the governor=elect expense fund:
  8 25 .................................................. $    100,000
  8 26    Sec. 11.  GOVERNOR'S OFFICE OF DRUG CONTROL POLICY.
  8 27    1.  There is appropriated from the general fund of the
  8 28 state to the governor's office of drug control policy for the
  8 29 fiscal year beginning July 1, 2006, and ending June 30, 2007,
  8 30 the following amount, or so much thereof as is necessary, to
  8 31 be used for the purposes designated:
  8 32    For salaries, support, maintenance, and miscellaneous
  8 33 purposes, including statewide coordination of the drug abuse
  8 34 resistance education (D.A.R.E.) programs or similar programs,
  8 35 and for not more than the following full=time equivalent
  9  1 positions:
  9  2 .................................................. $    307,730
  9  3 ............................................... FTEs       8.00
  9  4    2.  The governor's office of drug control policy, in
  9  5 consultation with the Iowa department of public health, and
  9  6 after discussion and collaboration with all interested
  9  7 agencies, shall coordinate substance abuse treatment and
  9  8 prevention efforts in order to avoid duplication of services.
  9  9    Sec. 12.  DEPARTMENT OF HUMAN RIGHTS.  There is
  9 10 appropriated from the general fund of the state to the
  9 11 department of human rights for the fiscal year beginning July
  9 12 1, 2006, and ending June 30, 2007, the following amounts, or
  9 13 so much thereof as is necessary, to be used for the purposes
  9 14 designated:
  9 15    1.  CENTRAL ADMINISTRATION DIVISION
  9 16    For salaries, support, maintenance, and miscellaneous
  9 17 purposes, and for not more than the following full=time
  9 18 equivalent positions:
  9 19 .................................................. $    317,028
  9 20 ............................................... FTEs       7.00
  9 21    2.  DEAF SERVICES DIVISION
  9 22    For salaries, support, maintenance, and miscellaneous
  9 23 purposes, and for not more than the following full=time
  9 24 equivalent positions:
  9 25 .................................................. $    374,367
  9 26 ............................................... FTEs       6.00
  9 27    The fees collected by the division for provision of
  9 28 interpretation services by the division to obligated agencies
  9 29 shall be disbursed pursuant to the provisions of section 8.32,
  9 30 and shall be dedicated and used by the division for continued
  9 31 and expanded interpretation services.
  9 32    3.  STATUS OF IOWANS OF ASIAN AND PACIFIC ISLANDER HERITAGE
  9 33 DIVISION
  9 34    For support, maintenance, and miscellaneous purposes:
  9 35 .................................................. $      6,000
 10  1    4.  PERSONS WITH DISABILITIES DIVISION
 10  2    For salaries, support, maintenance, and miscellaneous
 10  3 purposes, and for not more than the following full=time
 10  4 equivalent positions:
 10  5 .................................................. $    193,531
 10  6 ............................................... FTEs       3.20
 10  7    5.  LATINO AFFAIRS DIVISION
 10  8    For salaries, support, maintenance, and miscellaneous
 10  9 purposes, and for not more than the following full=time
 10 10 equivalent positions:
 10 11 .................................................. $    170,749
 10 12 ............................................... FTEs       3.00
 10 13    6.  STATUS OF WOMEN DIVISION
 10 14    For salaries, support, maintenance, and miscellaneous
 10 15 purposes, including the Iowans in transition program, and the
 10 16 domestic violence and sexual assault=related grants, and for
 10 17 not more than the following full=time equivalent positions:
 10 18 .................................................. $    335,501
 10 19 ............................................... FTEs       3.00
 10 20    7.  STATUS OF AFRICAN=AMERICANS DIVISION
 10 21    For salaries, support, maintenance, and miscellaneous
 10 22 purposes, and for not more than the following full=time
 10 23 equivalent positions:
 10 24 .................................................. $    121,655
 10 25 ............................................... FTEs       2.00
 10 26    8.  CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION
 10 27    For salaries, support, maintenance, and miscellaneous
 10 28 purposes, and for not more than the following full=time
 10 29 equivalent positions:
 10 30 .................................................. $  1,098,026
 10 31 ............................................... FTEs      12.18
 10 32    The criminal and juvenile justice planning advisory council
 10 33 and the juvenile justice advisory council shall coordinate
 10 34 their efforts in carrying out their respective duties relative
 10 35 to juvenile justice.
 11  1    9.  SHARED STAFF.  The divisions of the department of human
 11  2 rights shall retain their individual administrators, but shall
 11  3 share staff to the greatest extent possible.
 11  4    Sec. 13.  DEPARTMENT OF INSPECTIONS AND APPEALS.  There is
 11  5 appropriated from the general fund of the state to the
 11  6 department of inspections and appeals for the fiscal year
 11  7 beginning July 1, 2006, and ending June 30, 2007, the
 11  8 following amounts, or so much thereof as is necessary, for the
 11  9 purposes designated:
 11 10    1.  ADMINISTRATION DIVISION
 11 11    For salaries, support, maintenance, and miscellaneous
 11 12 purposes, and for not more than the following full=time
 11 13 equivalent positions:
 11 14 .................................................. $  1,657,318
 11 15 ............................................... FTEs      33.25
 11 16    2.  ADMINISTRATIVE HEARINGS DIVISION
 11 17    For salaries, support, maintenance, and miscellaneous
 11 18 purposes, and for not more than the following full=time
 11 19 equivalent positions:
 11 20 .................................................. $    634,647
 11 21 ............................................... FTEs      23.00
 11 22    3.  INVESTIGATIONS DIVISION
 11 23    For salaries, support, maintenance, and miscellaneous
 11 24 purposes, and for not more than the following full=time
 11 25 equivalent positions:
 11 26 .................................................. $  1,484,421
 11 27 ............................................... FTEs      45.00
 11 28    4.  HEALTH FACILITIES DIVISION
 11 29    For salaries, support, maintenance, and miscellaneous
 11 30 purposes, and for not more than the following full=time
 11 31 equivalent positions:
 11 32 .................................................. $  2,339,742
 11 33 ............................................... FTEs     118.25
 11 34    5.  EMPLOYMENT APPEAL BOARD
 11 35    For salaries, support, maintenance, and miscellaneous
 12  1 purposes, and for not more than the following full=time
 12  2 equivalent positions:
 12  3 .................................................. $     54,600
 12  4 ............................................... FTEs      15.00
 12  5    The employment appeal board shall be reimbursed by the
 12  6 labor services division of the department of workforce
 12  7 development for all costs associated with hearings conducted
 12  8 under chapter 91C, related to contractor registration.  The
 12  9 board may expend, in addition to the amount appropriated under
 12 10 this subsection, additional amounts as are directly billable
 12 11 to the labor services division under this subsection and to
 12 12 retain the additional full=time equivalent positions as needed
 12 13 to conduct hearings required pursuant to chapter 91C.
 12 14    6.  CHILD ADVOCACY BOARD
 12 15    For foster care review and the court appointed special
 12 16 advocate program, including salaries, support, maintenance,
 12 17 and miscellaneous purposes, and for not more than the
 12 18 following full=time equivalent positions:
 12 19 .................................................. $  2,068,667
 12 20 ............................................... FTEs      38.99
 12 21    a.  The department of human services, in coordination with
 12 22 the child advocacy board, and the department of inspections
 12 23 and appeals, shall submit an application for funding available
 12 24 pursuant to Title IV=E of the federal Social Security Act for
 12 25 claims for child advocacy board, administrative review costs.
 12 26    b.  The court appointed special advocate program shall
 12 27 investigate and develop opportunities for expanding fund=
 12 28 raising for the program.
 12 29    c.  Administrative costs charged by the department of
 12 30 inspections and appeals for items funded under this subsection
 12 31 shall not exceed 4 percent of the amount appropriated in this
 12 32 subsection.
 12 33    Sec. 14.  RACING AND GAMING COMMISSION.
 12 34    1.  RACETRACK REGULATION
 12 35    There is appropriated from the general fund of the state to
 13  1 the racing and gaming commission of the department of
 13  2 inspections and appeals for the fiscal year beginning July 1,
 13  3 2006, and ending June 30, 2007, the following amount, or so
 13  4 much thereof as is necessary, to be used for the purposes
 13  5 designated:
 13  6    For salaries, support, maintenance, and miscellaneous
 13  7 purposes for the regulation of pari=mutuel racetracks, and for
 13  8 not more than the following full=time equivalent positions:
 13  9 .................................................. $  2,657,394
 13 10 ............................................... FTEs      27.53
 13 11    2.  EXCURSION BOAT REGULATION
 13 12    There is appropriated from the general fund of the state to
 13 13 the racing and gaming commission of the department of
 13 14 inspections and appeals for the fiscal year beginning July 1,
 13 15 2006, and ending June 30, 2007, the following amount, or so
 13 16 much thereof as is necessary, to be used for the purposes
 13 17 designated:
 13 18    For salaries, support, maintenance, and miscellaneous
 13 19 purposes for administration and enforcement of the excursion
 13 20 boat gambling laws, and for not more than the following full=
 13 21 time equivalent positions:
 13 22 .................................................. $  3,199,440
 13 23 ............................................... FTEs      43.22
 13 24    Sec. 15.  USE TAX APPROPRIATION.  There is appropriated
 13 25 from the use tax receipts collected pursuant to sections
 13 26 423.26 and 423.27 prior to their deposit in the road use tax
 13 27 fund pursuant to section 423.43 to the administrative hearings
 13 28 division of the department of inspections and appeals for the
 13 29 fiscal year beginning July 1, 2006, and ending June 30, 2007,
 13 30 the following amount, or so much thereof as is necessary, for
 13 31 the purposes designated:
 13 32    For salaries, support, maintenance, and miscellaneous
 13 33 purposes:
 13 34 .................................................. $  1,482,436
 13 35    Sec. 16.  DEPARTMENT OF MANAGEMENT.  There is appropriated
 14  1 from the general fund of the state to the department of
 14  2 management for the fiscal year beginning July 1, 2006, and
 14  3 ending June 30, 2007, the following amounts, or so much
 14  4 thereof as is necessary, to be used for the purposes
 14  5 designated:
 14  6    1.  GENERAL OFFICE
 14  7    For salaries, support, maintenance, and miscellaneous
 14  8 purposes, and for not more than the following full=time
 14  9 equivalent positions:
 14 10 .................................................. $  2,244,335
 14 11 ............................................... FTEs      32.00
 14 12    2.  ENTERPRISE RESOURCE PLANNING
 14 13    If funding is provided for the redesign of the enterprise
 14 14 resource planning budget system for the fiscal year beginning
 14 15 July 1, 2006, then there is appropriated from the general fund
 14 16 of the state to the department of management for the fiscal
 14 17 year beginning July 1, 2006, and ending June 30, 2007, the
 14 18 following amount, or so much thereof as is necessary, to be
 14 19 used for the purposes designated:
 14 20    For salaries, support, maintenance, and miscellaneous
 14 21 purposes for administration of the enterprise resource
 14 22 planning system, and for not more than the following full=time
 14 23 equivalent position:
 14 24 .................................................. $    119,435
 14 25 ............................................... FTEs       1.00
 14 26    3.  SALARY MODEL ADMINISTRATOR
 14 27    For salaries, support, and miscellaneous purposes of the
 14 28 salary model administrator, and for not more than the
 14 29 following full=time equivalent position:
 14 30 .................................................. $    127,936
 14 31 ............................................... FTEs       1.00
 14 32    The salary model administrator shall work in conjunction
 14 33 with the legislative services agency to maintain the state's
 14 34 salary model used for analyzing, comparing, and projecting
 14 35 state employee salary and benefit information, including
 15  1 information relating to employees of the state board of
 15  2 regents.  The department of revenue, the department of
 15  3 administrative services, the five institutions under the
 15  4 jurisdiction of the state board of regents, the judicial
 15  5 district departments of correctional services, and the state
 15  6 department of transportation shall provide salary data to the
 15  7 department of management and the legislative services agency
 15  8 to operate the state's salary model.  The format and frequency
 15  9 of provision of the salary data shall be determined by the
 15 10 department of management and the legislative services agency.
 15 11 The information shall be used in collective bargaining
 15 12 processes under chapter 20 and in calculating the funding
 15 13 needs contained within the annual salary adjustment
 15 14 legislation.  A state employee organization as defined in
 15 15 section 20.3, subsection 4, may request information produced
 15 16 by the model, but the information provided shall not contain
 15 17 information attributable to individual employees.
 15 18    4.  For conducting performance audits and developing
 15 19 performance measures, including salaries, support,
 15 20 maintenance, miscellaneous purposes, and for not more than the
 15 21 following full=time equivalent positions:
 15 22 .................................................. $    108,000
 15 23 ............................................... FTEs       2.50
 15 24    5.  For the department's LEAN process, including salaries,
 15 25 support, maintenance, miscellaneous purposes, and for not more
 15 26 than the following full=time equivalent position:
 15 27 .................................................. $    108,000
 15 28 ............................................... FTEs       1.00
 15 29    6.  For deposit in the local government innovation fund
 15 30 established in section 8.64:
 15 31 .................................................. $    300,000
 15 32    Sec. 17.  ROAD USE TAX APPROPRIATION.  There is
 15 33 appropriated from the road use tax fund to the department of
 15 34 management for the fiscal year beginning July 1, 2006, and
 15 35 ending June 30, 2007, the following amount, or so much thereof
 16  1 as is necessary, to be used for the purposes designated:
 16  2    For salaries, support, maintenance, and miscellaneous
 16  3 purposes:
 16  4 .................................................. $     56,000
 16  5    Sec. 18.  DEPARTMENT OF REVENUE.  There is appropriated
 16  6 from the general fund of the state to the department of
 16  7 revenue for the fiscal year beginning July 1, 2006, and ending
 16  8 June 30, 2007, the following amounts, or so much thereof as is
 16  9 necessary, to be used for the purposes designated:
 16 10    For salaries, support, maintenance, and miscellaneous
 16 11 purposes, and for not more than the following full=time
 16 12 equivalent positions:
 16 13 ................................................. $ 23,138,575
 16 14 .............................................. FTEs     392.64
 16 15    Of the funds appropriated pursuant to this section,
 16 16 $400,000 shall be used to pay the direct costs of compliance
 16 17 related to the collection and distribution of local sales and
 16 18 services taxes imposed pursuant to chapters 423B and 423E.
 16 19    The director of revenue shall prepare and issue a state
 16 20 appraisal manual and the revisions to the state appraisal
 16 21 manual as provided in section 421.17, subsection 17, without
 16 22 cost to a city or county.
 16 23    The department of revenue shall submit a written report to
 16 24 the general assembly by January 1, 2007, concerning the
 16 25 department's progress in developing a system to track tax
 16 26 credits.
 16 27    If the director of revenue determines that contracting for
 16 28 an upgrade of the department's computer assisted collections
 16 29 system would result in generating significantly increased net
 16 30 collection revenues for the fiscal year beginning July 1,
 16 31 2006, and ending June 30, 2007, in excess of $2,000,000, the
 16 32 director is authorized to procure such upgrade from the
 16 33 current vendor.
 16 34    Sec. 19.  MOTOR VEHICLE FUEL TAX APPROPRIATION.  There is
 16 35 appropriated from the motor fuel tax fund created by section
 17  1 452A.77 to the department of revenue for the fiscal year
 17  2 beginning July 1, 2006, and ending June 30, 2007, the
 17  3 following amount, or so much thereof as is necessary, to be
 17  4 used for the purposes designated:
 17  5    For salaries, support, maintenance, and miscellaneous
 17  6 purposes for administration and enforcement of the provisions
 17  7 of chapter 452A and the motor vehicle use tax program:
 17  8 .................................................. $  1,258,042
 17  9    Sec. 20.  SECRETARY OF STATE.  There is appropriated from
 17 10 the general fund of the state to the office of the secretary
 17 11 of state for the fiscal year beginning July 1, 2006, and
 17 12 ending June 30, 2007, the following amounts, or so much
 17 13 thereof as is necessary, to be used for the purposes
 17 14 designated:
 17 15    1.  ADMINISTRATION AND ELECTIONS
 17 16    For salaries, support, maintenance, and miscellaneous
 17 17 purposes, and for not more than the following full=time
 17 18 equivalent positions:
 17 19 .................................................. $    707,942
 17 20 ............................................... FTEs      10.00
 17 21    The state department or state agency which provides data
 17 22 processing services to support voter registration file
 17 23 maintenance and storage shall provide those services without
 17 24 charge.
 17 25    2.  BUSINESS SERVICES
 17 26    For salaries, support, maintenance, and miscellaneous
 17 27 purposes, and for not more than the following full=time
 17 28 equivalent positions:
 17 29 .................................................. $  2,003,091
 17 30 ............................................... FTEs      32.00
 17 31    Sec. 21.  SECRETARY OF STATE FILING FEES REFUND.
 17 32 Notwithstanding the obligation to collect fees pursuant to the
 17 33 provisions of section 490.122, subsection 1, paragraphs "a"
 17 34 and "s", and section 504.113, subsection 1, paragraphs "a",
 17 35 "c", "d", "j", "k", "l", and "m", for the fiscal year
 18  1 beginning July 1, 2006, and ending June 30, 2007, the
 18  2 secretary of state may refund these fees to the filer pursuant
 18  3 to rules established by the secretary of state.  The decision
 18  4 of the secretary of state not to issue a refund under rules
 18  5 established by the secretary of state is final and not subject
 18  6 to review pursuant to the provisions of the Iowa
 18  7 administrative procedure Act, chapter 17A.
 18  8    Sec. 22.  TREASURER.  There is appropriated from the
 18  9 general fund of the state to the office of treasurer of state
 18 10 for the fiscal year beginning July 1, 2006, and ending June
 18 11 30, 2007, the following amount, or so much thereof as is
 18 12 necessary, to be used for the purposes designated:
 18 13    For salaries, support, maintenance, and miscellaneous
 18 14 purposes, and for not more than the following full=time
 18 15 equivalent positions:
 18 16 .................................................. $    922,899
 18 17 ............................................... FTEs      28.80
 18 18    The office of treasurer of state shall supply clerical and
 18 19 secretarial support for the executive council.
 18 20    Sec. 23.  IPERS == GENERAL OFFICE.  There is appropriated
 18 21 from the Iowa public employees' retirement system fund to the
 18 22 Iowa public employees' retirement system for the fiscal year
 18 23 beginning July 1, 2006, and ending June 30, 2007, the
 18 24 following amount, or so much thereof as is necessary, to be
 18 25 used for the purposes designated:
 18 26    For salaries, support, maintenance, and other operational
 18 27 purposes to pay the costs of the Iowa public employees'
 18 28 retirement system, and for not more than the following full=
 18 29 time equivalent positions:
 18 30 .................................................. $ 16,756,131
 18 31 ............................................... FTEs      95.13
 18 32    Sec. 24.  TRAVEL POLICY.
 18 33    1.  For the fiscal year beginning July 1, 2006, each
 18 34 department or independent agency receiving an appropriation in
 18 35 this Act shall review the employee policy for daily or short=
 19  1 term travel including but not limited to the usage of motor
 19  2 pool vehicles under the department of administrative services,
 19  3 employee mileage reimbursement for the use of a personal
 19  4 vehicle, and the usage of private automobile rental companies.
 19  5 Following the review, the department or agency shall implement
 19  6 revisions in the employee policy for daily or short=term
 19  7 travel as necessary to maximize cost savings.
 19  8    2.  Each department or independent agency subject to
 19  9 subsection 1 shall report to the general assembly's standing
 19 10 committees on government oversight regarding the policy
 19 11 revisions implemented and the savings realized from the
 19 12 changes.  An initial report shall be submitted on or before
 19 13 December 1, 2006, and a follow=up report shall be submitted on
 19 14 or before December 1, 2007.
 19 15    Sec. 25.  2005 Iowa Acts, chapter 179, section 32, is
 19 16 amended by adding the following new unnumbered paragraph:
 19 17    NEW UNNUMBERED PARAGRAPH.  Notwithstanding section 8.33,
 19 18 moneys appropriated in this section that remain unencumbered
 19 19 or unobligated at the close of the fiscal year shall not
 19 20 revert but shall remain available for expenditure for the
 19 21 purposes designated during the succeeding fiscal year.
 19 22    Sec. 26.  EFFECTIVE DATE.  The section of this division of
 19 23 this Act amending 2005 Iowa Acts, chapter 179, being deemed of
 19 24 immediate importance, takes effect upon enactment.
 19 25                           DIVISION II
 19 26                    MISCELLANEOUS PROVISIONS
 19 27    Sec. 27.  Section 70A.20, Code 2005, is amended to read as
 19 28 follows:
 19 29    70A.20  EMPLOYEES DISABILITY PROGRAM.
 19 30    A state employees disability insurance program is created,
 19 31 which shall be administered by the director of the department
 19 32 of administrative services and which shall provide disability
 19 33 benefits in an amount and for the employees as provided in
 19 34 this section.  The monthly disability benefits shall, at a
 19 35 minimum, provide twenty percent of monthly earnings if
 20  1 employed less than one year, forty percent of monthly earnings
 20  2 if employed one year or more but less than two years, and
 20  3 sixty percent of monthly earnings thereafter, reduced by
 20  4 primary and family social security determined at the time
 20  5 social security disability payments commence, railroad
 20  6 retirement disability income, workers' compensation if
 20  7 applicable, and any other state=sponsored sickness or
 20  8 disability benefits payable.  However, the amount of benefits
 20  9 payable under the Iowa public employees' retirement system
 20 10 pursuant to chapter 97B shall not reduce the benefits payable
 20 11 pursuant to this section.  Subsequent social security or
 20 12 railroad retirement increases shall not be used to further
 20 13 reduce the insurance benefits payable.  As used in this
 20 14 section, "primary and family social security" shall not
 20 15 include social security benefits awarded to an adult child
 20 16 with a disability of the state employee with a disability who
 20 17 does not reside with the state employee with a disability if
 20 18 the social security benefits were awarded to the adult child
 20 19 with a disability prior to the approval of the state
 20 20 employee's benefits under this section, regardless of whether
 20 21 the United States social security administration records the
 20 22 benefits to the social security number of the adult child with
 20 23 a disability, the state employee with a disability, or any
 20 24 other family member, and such social security benefits shall
 20 25 not reduce the benefits payable pursuant to this section.  As
 20 26 used in this section, unless the context otherwise requires,
 20 27 "adult" means a person who is eighteen years of age or older.
 20 28 State employees shall receive credit for the time they were
 20 29 continuously employed prior to and on July 1, 1974.  The
 20 30 following provisions apply to the employees disability
 20 31 insurance program:
 20 32    1.  Waiting period, of no more than ninety working days of
 20 33 continuous sickness or accident disability or the expiration
 20 34 of accrued sick leave, whichever is greater.
 20 35    2.  Maximum period benefits paid for both accident or
 21  1 sickness disability:
 21  2    a.  If the disability occurs prior to the time the employee
 21  3 attains the age of sixty=one years, the maximum benefit period
 21  4 shall end sixty months after continuous benefit payments begin
 21  5 or on the date on which the employee attains the age of
 21  6 sixty=five years, whichever is later.
 21  7    b.  If the disability occurs on or after the time the
 21  8 employee attains the age of sixty=one years but prior to the
 21  9 age of sixty=nine years, the maximum benefit period shall end
 21 10 sixty months after continuous benefit payments begin or on the
 21 11 date on which the employee attains the age of seventy years,
 21 12 whichever is earlier.
 21 13    c.  If the disability occurs on or after the time the
 21 14 employee attains the age of sixty=nine years, the maximum
 21 15 benefit period shall end twelve months after continuous
 21 16 benefit payments begin.
 21 17    3.  a.  Minimum and maximum benefits, of not less than
 21 18 fifty dollars per month and not exceeding two three thousand
 21 19 dollars per month.
 21 20    b.  In no event shall benefits exceed one hundred percent
 21 21 of the claimant's predisability covered monthly compensation.
 21 22    4.  All probationary and permanent full=time state
 21 23 employees shall be covered under the employees disability
 21 24 insurance program, except board members and members of
 21 25 commissions who are not full=time state employees, and state
 21 26 employees who on July 1, 1974, are under another disability
 21 27 program financed in whole or in part by the state, and state
 21 28 employees who have agreed to participation in another
 21 29 disability program through a collective bargaining agreement.
 21 30 For purposes of this section, members of the general assembly
 21 31 serving on or after January 1, 1989, are eligible for the plan
 21 32 during their tenure in office, on the basis of enrollment
 21 33 rules established for full= time state employees excluded from
 21 34 collective bargaining as provided in chapter 20.
 21 35    Sec. 28.  Section 421.17, subsection 27, paragraphs a, c,
 22  1 d, e, g, and h, Code Supplement 2005, are amended to read as
 22  2 follows:
 22  3    a.  To establish, administer, and make available a
 22  4 centralized debt collection capability and procedure for the
 22  5 use by any state agency as defined in section 8A.504 or local
 22  6 government entity including, but not limited to, the
 22  7 department of revenue, along with other boards, commissions,
 22  8 departments, and any other entity reported in the Iowa
 22  9 comprehensive annual financial report, to collect delinquent
 22 10 accounts, charges, fees, loans, taxes, or other indebtedness
 22 11 owed to or being collected by the state.  The department's
 22 12 collection facilities shall only be available for use by other
 22 13 state agencies or local government entities for their
 22 14 discretionary use when resources are available to the director
 22 15 and subject to the director's determination that use of the
 22 16 procedure is feasible.  The director shall prescribe the
 22 17 appropriate form and manner in which this information is to be
 22 18 submitted to the office of the department.  The obligations or
 22 19 indebtedness must be delinquent and not subject to litigation,
 22 20 claim, appeal, or review pursuant to the appropriate remedies
 22 21 of each state agency or local government entity.
 22 22    c.  The director shall establish a formal debt collection
 22 23 policy for use by state agencies and local government entities
 22 24 which have not established their own policy.  Other state
 22 25 agencies and local government entities may use the collection
 22 26 facilities of the department pursuant to formal agreement with
 22 27 the department.  The agreement shall provide that the
 22 28 information provided to the department shall be sufficient to
 22 29 establish the obligation in a court of law and to render it as
 22 30 a legal judgment on behalf of the state or the local
 22 31 government agency.  After transferring the file to the
 22 32 department for collection, an individual state agency or the
 22 33 local government agency shall terminate all collection
 22 34 procedures and be available to provide assistance to the
 22 35 department.  Upon receipt of the file, the department shall
 23  1 assume all liability for its actions without recourse to the
 23  2 agency or the local government agency, and shall comply with
 23  3 all applicable state and federal laws governing collection of
 23  4 the debt.  The department may use a participating agency's or
 23  5 local government agency's statutory collection authority to
 23  6 collect the participating agency's delinquent accounts,
 23  7 charges, fees, loans, taxes, or other indebtedness owed to or
 23  8 being collected by the state.  The department has the powers
 23  9 granted in this section regarding setoff from income tax
 23 10 refunds or other accounts payable by the state for any of the
 23 11 obligations transferred by state agencies or local government
 23 12 agencies.
 23 13    d.  The department's existing right to credit against tax
 23 14 due shall not be impaired by any right granted to, or duty
 23 15 imposed upon, the department or other state agency or local
 23 16 government agency by this section.
 23 17    e.  All state agencies and local government agencies shall
 23 18 be given access, at the discretion of the director, to the
 23 19 centralized computer data bank and, notwithstanding any other
 23 20 provision of law to the contrary, may deny, revoke, or suspend
 23 21 any license or deny any renewal authorized by the laws of this
 23 22 state to any person who has defaulted on an obligation owed to
 23 23 or collected by the state.  The confidentiality provisions of
 23 24 sections 422.20 and 422.72 do not apply to tax information
 23 25 contained in the centralized computer data bank.  State
 23 26 agencies and local government agencies shall endeavor to
 23 27 obtain the applicant's social security or federal tax
 23 28 identification number, or state driver's license number from
 23 29 all applicants.
 23 30    g.  The director shall adopt administrative rules to
 23 31 implement this section subsection, including, but not limited
 23 32 to, rules necessary to prevent conflict with federal laws and
 23 33 regulations or the loss of federal funds, to establish
 23 34 procedures necessary to guarantee due process of law, and to
 23 35 provide for reimbursement of the department by other state
 24  1 agencies and local government entities for the department's
 24  2 costs related to debt collection for state agencies and local
 24  3 government entities.
 24  4    h.  The director shall report quarterly to the legislative
 24  5 fiscal committee, the legislative services agency, and the
 24  6 chairpersons and ranking members of the joint administration
 24  7 appropriations subcommittee on administration and regulation
 24  8 concerning the implementation of the centralized debt
 24  9 collection program, the number of departmental collection
 24 10 programs initiated, the amount of debts collected, and an
 24 11 estimate of future costs and benefits which may be associated
 24 12 with the collection program.  It is the intent of the general
 24 13 assembly that the centralized debt collection program will
 24 14 result in the collection of at least two dollars of
 24 15 indebtedness for every dollar expended in administering the
 24 16 collection program during a fiscal year.  It is also the
 24 17 intent of the general assembly that the centralized debt
 24 18 collection program be administered without the anticipation of
 24 19 future additional commitments of computer equipment and
 24 20 personnel.
 24 21    Sec. 29.  Section 421.17, subsection 27, Code Supplement
 24 22 2005, is amended by adding the following new paragraph:
 24 23    NEW PARAGRAPH.  j.  There is appropriated from the amount
 24 24 of any debt actually collected pursuant to this subsection an
 24 25 amount, not to exceed the amount collected, which is
 24 26 sufficient to pay for salaries, support, maintenance,
 24 27 services, and other costs incurred by the department related
 24 28 to the administration of this subsection.  The director shall
 24 29 report annually to the legislative fiscal committee and the
 24 30 legislative services agency on any additional positions added
 24 31 and the costs incurred during the previous fiscal year
 24 32 pursuant to this subsection.
 24 33    Sec. 30.  Section 422.26, unnumbered paragraph 6, Code
 24 34 2005, is amended to read as follows:
 24 35    The department shall pay, from moneys appropriated to the
 25  1 department for this purpose, a recording fee as provided in
 25  2 section 331.604, for the recording of the lien, or for its
 25  3 satisfaction.
 25  4                          DIVISION III
 25  5 REASSIGNMENT OF PROFESSIONAL LICENSING AND REGULATION DIVISION
 25  6    Sec. 31.  Section 8A.412, subsection 19, Code Supplement
 25  7 2005, is amended to read as follows:
 25  8    19.  The superintendent of the banking division of the
 25  9 department of commerce, all members of the state banking
 25 10 council, and all employees of the banking division except for
 25 11 employees of the professional licensing and regulation bureau
 25 12 of the division.
 25 13    Sec. 32.  Section 524.208, Code 2005, is amended to read as
 25 14 follows:
 25 15    524.208  EXAMINERS AND OTHER EMPLOYEES.
 25 16    The superintendent may appoint examiners and other
 25 17 employees as the superintendent deems necessary to the proper
 25 18 discharge of the duties imposed upon the superintendent by the
 25 19 laws of this state.  Pay plans shall be established for
 25 20 employees, other than clerical employees or employees of the
 25 21 professional licensing and regulation bureau of the banking
 25 22 division, who examine the accounts and affairs of state banks
 25 23 and who examine the accounts and affairs of other persons,
 25 24 subject to supervision and regulation by the superintendent,
 25 25 which are substantially equivalent to those paid by the
 25 26 federal deposit insurance corporation and other federal
 25 27 supervisory agencies in this area of the United States.
 25 28    Sec. 33.  Section 524.211, subsection 5, Code 2005, is
 25 29 amended to read as follows:
 25 30    5.  An employee of the banking division, other than the
 25 31 superintendent or a member of the state banking council or one
 25 32 of the boards in the professional licensing and regulation
 25 33 bureau of the division, shall not perform any services for,
 25 34 and shall not be a shareholder, member, partner, owner,
 25 35 director, officer, or employee of, any enterprise, person, or
 26  1 affiliate subject to the regulatory purview of the banking
 26  2 division.
 26  3    Sec. 34.  Section 534.401, subsection 1, Code 2005, is
 26  4 amended to read as follows:
 26  5    1.  SUPERINTENDENT OF SAVINGS AND LOAN ASSOCIATIONS.  The
 26  6 superintendent of savings and loan associations is the
 26  7 administrator of professional licensing and regulation
 26  8 appointed pursuant to section 546.10, subsection 2, or an
 26  9 individual appointed by the administrator as provided in
 26 10 section 546.10, subsection 6 superintendent of banking.
 26 11    Sec. 35.  Section 542.4, subsections 1 and 6, Code 2005,
 26 12 are amended to read as follows:
 26 13    1.  An Iowa accountancy examining board is created within
 26 14 the professional licensing and regulation bureau of the
 26 15 banking division of the department of commerce to administer
 26 16 and enforce this chapter.  The board shall consist of eight
 26 17 members, appointed by the governor and subject to senate
 26 18 confirmation, all of whom shall be residents of this state.
 26 19 Five of the eight members shall be holders of certificates
 26 20 issued under section 542.6, one member shall be the holder of
 26 21 a license issued under section 542.8, and two shall not be
 26 22 certified public accountants or licensed public accountants
 26 23 and shall represent the general public.  At least three of the
 26 24 holders of certificates issued under section 542.6 shall also
 26 25 be qualified to supervise attest services as provided in
 26 26 section 542.7.  A certified or licensed member of the board
 26 27 shall be actively engaged in practice as a certified public
 26 28 accountant or as a licensed public accountant and shall have
 26 29 been so engaged for five years preceding appointment, the last
 26 30 two of which shall have been in this state.  Professional
 26 31 associations or societies composed of certified public
 26 32 accountants or licensed public accountants may recommend the
 26 33 names of potential board members to the governor.  However,
 26 34 the governor is not bound by the recommendations.  A board
 26 35 member is not required to be a member of any professional
 27  1 association or society composed of certified public
 27  2 accountants or licensed public accountants.  The term of each
 27  3 member of the board shall be three years, as designated by the
 27  4 governor, and appointments to the board are subject to the
 27  5 requirements of sections 69.16, 69.16A, and 69.19.  Members of
 27  6 the board appointed and serving pursuant to chapter 542C, Code
 27  7 2001, on July 1, 2002, shall serve out the terms for which
 27  8 they were appointed.  Vacancies occurring during a term shall
 27  9 be filled by appointment by the governor for the unexpired
 27 10 term.  Upon the expiration of the member's term of office, a
 27 11 member shall continue to serve until a successor shall have
 27 12 been appointed and taken office.  The public members of the
 27 13 board shall be allowed to participate in administrative,
 27 14 clerical, or ministerial functions incident to giving the
 27 15 examinations, but shall not determine the content or determine
 27 16 the correctness of the answers.  The licensed public
 27 17 accountant member shall not determine the content of the
 27 18 certified public accountant examination or determine the
 27 19 correctness of the answers.  Any member of the board whose
 27 20 certificate under section 542.6 or license under section 542.8
 27 21 is revoked or suspended shall automatically cease to be a
 27 22 member of the board, and the governor may, after a hearing,
 27 23 remove any member of the board for neglect of duty or other
 27 24 just cause.  A person who has served three successive complete
 27 25 terms shall not be eligible for reappointment, but appointment
 27 26 to fill an unexpired term shall not be considered a complete
 27 27 term for this purpose.
 27 28    6.  The administrator of the professional licensing and
 27 29 regulation bureau of the banking division of the department of
 27 30 commerce shall provide staffing assistance to the board for
 27 31 implementing this chapter.
 27 32    Sec. 36.  Section 542B.3, Code 2005, is amended to read as
 27 33 follows:
 27 34    542B.3  ENGINEERING AND LAND SURVEYING EXAMINING BOARD
 27 35 CREATED.
 28  1    An engineering and land surveying examining board is
 28  2 created within the professional licensing and regulation
 28  3 bureau of the banking division of the department of commerce.
 28  4 The board consists of four members who are licensed
 28  5 professional engineers, one member who is a licensed land
 28  6 surveyor or a professional engineer who is also a licensed
 28  7 land surveyor, and two members who are not licensed
 28  8 professional engineers or land surveyors and who shall
 28  9 represent the general public.  Members shall be appointed by
 28 10 the governor subject to confirmation by the senate.  A
 28 11 licensed member shall be actively engaged in the practice of
 28 12 engineering or land surveying and shall have been so engaged
 28 13 for five years preceding the appointment, the last two of
 28 14 which shall have been in Iowa.  Insofar as practicable,
 28 15 licensed engineer members of the board shall be from different
 28 16 branches of the profession of engineering.  Professional
 28 17 associations or societies composed of licensed engineers or
 28 18 licensed land surveyors may recommend the names of potential
 28 19 board members whose profession is representative of that
 28 20 association or society to the governor.  However, the governor
 28 21 is not bound by the recommendations.  A board member shall not
 28 22 be required to be a member of any professional association or
 28 23 society composed of professional engineers or land surveyors.
 28 24    Sec. 37.  Section 542B.9, Code 2005, is amended to read as
 28 25 follows:
 28 26    542B.9  ORGANIZATION OF THE BOARD == STAFF.
 28 27    The board shall elect annually from its members a
 28 28 chairperson and a vice chairperson.  The administrator of the
 28 29 professional licensing and regulation bureau of the banking
 28 30 division of the department of commerce shall hire and provide
 28 31 staff to assist the board in implementing this chapter.  The
 28 32 board shall hold at least one meeting at the location of the
 28 33 board's principal office, and meetings shall be called at
 28 34 other times by the administrator at the request of the
 28 35 chairperson or four members of the board.  At any meeting of
 29  1 the board, a majority of members constitutes a quorum.
 29  2    Sec. 38.  Section 543B.8, Code Supplement 2005, is amended
 29  3 to read as follows:
 29  4    543B.8  REAL ESTATE COMMISSION CREATED == STAFF.
 29  5    A real estate commission is created within the professional
 29  6 licensing and regulation bureau of the banking division of the
 29  7 department of commerce.  The commission consists of five
 29  8 members licensed under this chapter and two members not
 29  9 licensed under this chapter and who shall represent the
 29 10 general public.  At least one of the licensed members shall be
 29 11 a licensed real estate salesperson, except that if the
 29 12 licensed real estate salesperson becomes a licensed real
 29 13 estate broker during a term of office, that person may
 29 14 complete the term, but is not eligible for reappointment on
 29 15 the commission as a licensed real estate salesperson.  A
 29 16 licensed member shall be actively engaged in the real estate
 29 17 business and shall have been so engaged for five years
 29 18 preceding the appointment, the last two of which shall have
 29 19 been in Iowa.  Professional associations or societies of real
 29 20 estate brokers or real estate salespersons may recommend the
 29 21 names of potential commission members to the governor.
 29 22 However, the governor is not bound by their recommendations.
 29 23 A commission member shall not be required to be a member of
 29 24 any professional association or society composed of real
 29 25 estate brokers or salespersons.  Commission members shall be
 29 26 appointed by the governor subject to confirmation by the
 29 27 senate.  Appointments shall be for three=year terms and shall
 29 28 commence and end as provided in section 69.19.  A member shall
 29 29 serve no more than three terms or nine years, whichever is
 29 30 less.  No more than one member shall be appointed from a
 29 31 county.  A commission member shall not hold any other elective
 29 32 or appointive state or federal office.  Vacancies shall be
 29 33 filled for the unexpired term by appointment of the governor
 29 34 and are subject to senate confirmation.  A majority of the
 29 35 commission members constitutes a quorum.  The administrator of
 30  1 the professional licensing and regulation bureau of the
 30  2 banking division shall hire and provide staff to assist the
 30  3 commission with implementing this chapter.
 30  4    The administrator of the professional licensing and
 30  5 regulation bureau of the banking division of the department of
 30  6 commerce shall hire a real estate education director to assist
 30  7 the commission in administering education programs for the
 30  8 commission.
 30  9    Sec. 39.  Section 543B.54, Code 2005, is amended to read as
 30 10 follows:
 30 11    543B.54  REAL ESTATE EDUCATION FUND.
 30 12    The Iowa real estate education fund is created as a
 30 13 financial assurance mechanism to assist in the establishment
 30 14 and maintenance of a real estate education program at the
 30 15 university of northern Iowa and to assist the real estate
 30 16 commission in providing an education director.  The fund is
 30 17 created as a separate fund in the state treasury, and any
 30 18 funds remaining in the fund at the end of each fiscal year
 30 19 shall not revert to the general fund, but shall remain in the
 30 20 Iowa real estate education fund.  Twenty=five dollars per
 30 21 license from fees deposited for each real estate salesperson's
 30 22 license and each broker's license shall be distributed and are
 30 23 appropriated to the board of regents for the purpose of
 30 24 establishing and maintaining a real estate education program
 30 25 at the university of northern Iowa.  The remaining moneys in
 30 26 the fund shall be distributed and are appropriated to the
 30 27 professional licensing and regulation bureau of the banking
 30 28 division of the department of commerce for the purpose of
 30 29 hiring and compensating a real estate education director and
 30 30 regulatory compliance personnel.
 30 31    Sec. 40.  Section 543D.4, unnumbered paragraph 1, Code
 30 32 2005, is amended to read as follows:
 30 33    A real estate appraiser examining board is established
 30 34 within the professional licensing and regulation bureau of the
 30 35 banking division of the department of commerce.  The board
 31  1 consists of seven members, two of whom shall be public members
 31  2 and five of whom shall be real estate appraisers.
 31  3    Sec. 41.  Section 544A.1, unnumbered paragraph 2, Code
 31  4 2005, is amended to read as follows:
 31  5    The architectural examining board is created within the
 31  6 professional licensing and regulation bureau of the banking
 31  7 division of the department of commerce.  The board consists of
 31  8 five members who possess a certificate of registration issued
 31  9 under section 544A.9 and who have been in active practice of
 31 10 architecture for not less than five years, the last two of
 31 11 which shall have been in Iowa, and two members who do not
 31 12 possess a certificate of registration issued under section
 31 13 544A.9 and who shall represent the general public.  Members
 31 14 shall be appointed by the governor subject to confirmation by
 31 15 the senate.
 31 16    Sec. 42.  Section 544A.5, Code 2005, is amended to read as
 31 17 follows:
 31 18    544A.5  DUTIES.
 31 19    The architectural examining board shall enforce this
 31 20 chapter, shall make rules for the examination of applicants
 31 21 for the certificate of registration provided by this chapter,
 31 22 and shall, after due public notice, hold meetings each year
 31 23 for the purpose of examining applicants for registration and
 31 24 the transaction of business pertaining to the affairs of the
 31 25 board.  Examinations shall be given as often as deemed
 31 26 necessary, but not less than annually.  Action at a meeting
 31 27 shall not be taken without the affirmative votes of a majority
 31 28 of the members of the board.  The administrator of the
 31 29 professional licensing and regulation bureau of the banking
 31 30 division of the department of commerce shall hire and provide
 31 31 staff to assist the board with implementing this chapter.
 31 32    Sec. 43.  Section 544B.3, unnumbered paragraph 1, Code
 31 33 2005, is amended to read as follows:
 31 34    A landscape architectural examining board is created within
 31 35 the professional licensing and regulation bureau of the
 32  1 banking division of the department of commerce.  The board
 32  2 consists of five members who are professional landscape
 32  3 architects and two members who are not professional landscape
 32  4 architects and who shall represent the general public.
 32  5 Members shall be appointed by the governor, subject to
 32  6 confirmation by the senate.  A professional member shall be
 32  7 actively engaged in the practice of landscape architecture or
 32  8 the teaching of landscape architecture in an accredited
 32  9 college or university, and shall have been so engaged for five
 32 10 years preceding appointment, the last two of which shall have
 32 11 been in Iowa.  Associations or societies composed of
 32 12 professional landscape architects may recommend the names of
 32 13 potential board members to the governor.  However, the
 32 14 governor is not bound by the recommendations.  A board member
 32 15 shall not be required to be a member of any professional
 32 16 association or society composed of professional landscape
 32 17 architects.
 32 18    Sec. 44.  Section 544B.5, Code 2005, is amended to read as
 32 19 follows:
 32 20    544B.5  DUTIES.
 32 21    The board shall enforce this chapter, shall make rules for
 32 22 the examination of applicants for licensure, and, after public
 32 23 notice, shall conduct examinations of applicants for
 32 24 licensure.  The board shall keep a record of its proceedings.
 32 25 The board shall adopt an official seal which shall be affixed
 32 26 to all certificates of licensure granted.  The board may make
 32 27 other rules, not inconsistent with law, as necessary for the
 32 28 proper performance of its duties.  The board shall maintain a
 32 29 roster showing the name, place of business, and residence, and
 32 30 the date and number of the certificate of licensure of every
 32 31 professional landscape architect in this state.  The
 32 32 administrator of the professional licensing and regulation
 32 33 bureau of the banking division of the department of commerce
 32 34 shall hire and provide staff to assist the board in
 32 35 implementing this chapter.
 33  1    Sec. 45.  Section 544C.1, subsection 2, Code Supplement
 33  2 2005, is amended to read as follows:
 33  3    2.  "Division" "Bureau" means the professional licensing
 33  4 and regulation bureau of the banking division of the
 33  5 department of commerce.
 33  6    Sec. 46.  Section 544C.2, subsection 1, Code Supplement
 33  7 2005, is amended to read as follows:
 33  8    1.  An interior design examining board is established
 33  9 within the division bureau.  The board consists of seven
 33 10 members:  five members who are interior designers who are
 33 11 registered under this chapter and who have been in the active
 33 12 practice of interior design for not less than five years, the
 33 13 last two of which shall have been in Iowa; and two members who
 33 14 are not registered under this chapter and who shall represent
 33 15 the general public.  Members shall be appointed by the
 33 16 governor subject to confirmation by the senate.
 33 17    Sec. 47.  Section 544C.3, unnumbered paragraph 2, Code
 33 18 Supplement 2005, is amended to read as follows:
 33 19    The administrator of the division bureau shall provide
 33 20 staff to assist the board in the implementation of this
 33 21 chapter.
 33 22    Sec. 48.  Section 544C.5, unnumbered paragraph 1, Code
 33 23 Supplement 2005, is amended to read as follows:
 33 24    Each applicant for registration must meet the interior
 33 25 design education and practical training requirements adopted
 33 26 by rule by the board, and have passed an examination
 33 27 prescribed by the board that is task=oriented, focused on
 33 28 public safety, and validated by a recognized testing agency.
 33 29 The division bureau shall register an individual who submits
 33 30 an application to the board on the form and in the manner
 33 31 prescribed by the board as a registered interior designer if
 33 32 the individual satisfies the following requirements:
 33 33    Sec. 49.  Section 546.2, subsection 3, paragraph g, Code
 33 34 2005, is amended by striking the paragraph.
 33 35    Sec. 50.  Section 546.3, Code 2005, is amended to read as
 34  1 follows:
 34  2    546.3  BANKING DIVISION.
 34  3    1.  The banking division shall regulate and supervise banks
 34  4 under chapter 524, debt management licensees under chapter
 34  5 533A, money services under chapter 533C, delayed deposit
 34  6 services under chapter 533D, mortgage bankers and brokers
 34  7 under chapter 535B, regulated loan companies under chapter
 34  8 536, and industrial loan companies under chapter 536A, and
 34  9 shall perform other duties assigned to the division by law.
 34 10 The division is headed by the superintendent of banking who is
 34 11 appointed pursuant to section 524.201.  The state banking
 34 12 council shall render advice within the division when requested
 34 13 by the superintendent.
 34 14    2.  The banking division shall administer and manage the
 34 15 professional licensing and regulation bureau within the
 34 16 division.  The division shall separately account for funds of
 34 17 the bureau.  However, the division may allocate costs for
 34 18 administrative, technical, support, and other shared services
 34 19 across the entire division.
 34 20    Sec. 51.  Section 546.5, Code 2005, is amended to read as
 34 21 follows:
 34 22    546.5  SAVINGS AND LOAN DIVISION.
 34 23    The savings and loan division shall regulate and supervise
 34 24 savings and loan associations and savings banks under chapter
 34 25 534.  The division is headed by the superintendent of savings
 34 26 and loan associations who shall be appointed pursuant to
 34 27 section 534.401 the superintendent of banking.
 34 28    Sec. 52.  Section 546.10, Code Supplement 2005, is amended
 34 29 to read as follows:
 34 30    546.10  PROFESSIONAL LICENSING AND REGULATION DIVISION
 34 31 BUREAU == SUPERINTENDENT OF SAVINGS AND LOAN ASSOCIATIONS.
 34 32    1.  The professional licensing and regulation bureau of the
 34 33 banking division shall administer and coordinate the licensing
 34 34 and regulation of several professions by bringing together the
 34 35 following licensing boards:
 35  1    a.  The engineering and land surveying examining board
 35  2 created pursuant to chapter 542B.
 35  3    b.  The Iowa accountancy examining board created pursuant
 35  4 to chapter 542.
 35  5    c.  The real estate commission created pursuant to chapter
 35  6 543B.
 35  7    d.  The architectural examining board created pursuant to
 35  8 chapter 544A.
 35  9    e.  The landscape architectural examining board created
 35 10 pursuant to chapter 544B.
 35 11    f.  The real estate appraiser examining board created
 35 12 pursuant to section 543D.4.
 35 13    g.  The interior design examining board created pursuant to
 35 14 chapter 544C.
 35 15    2.  The division bureau is headed by the administrator of
 35 16 professional licensing and regulation who shall be appointed
 35 17 by the governor subject to confirmation by the senate and
 35 18 shall serve a four=year term that begins and ends as provided
 35 19 in section 69.19 the superintendent of banking.  A vacancy
 35 20 shall be filled for the unexpired portion of the term in the
 35 21 same manner as a full=term appointment is made.  The
 35 22 administrator shall appoint and supervise staff and shall
 35 23 coordinate activities for the licensing boards within the
 35 24 division bureau.  The administrator shall act as a staff
 35 25 person to one or more of the licensing boards.
 35 26    3.  The licensing and regulation examining boards included
 35 27 in the division bureau pursuant to subsection 1 retain the
 35 28 powers granted them pursuant to the chapters in which they are
 35 29 created, except for budgetary and personnel matters which
 35 30 shall be handled by the administrator.  Each licensing board
 35 31 shall adopt rules pursuant to chapter 17A.  Decisions by a
 35 32 licensing board are final agency actions for purposes of
 35 33 chapter 17A.
 35 34    Notwithstanding subsection 5, eighty=five percent of the
 35 35 funds received annually resulting from an increase in
 36  1 licensing fees implemented on or after April 1, 2002, by a
 36  2 licensing board or commission listed in subsection 1, is
 36  3 appropriated to the professional licensing and regulation
 36  4 division bureau to be allocated to the board or commission for
 36  5 the fiscal year beginning July 1, 2002, and succeeding fiscal
 36  6 years, for purposes related to the duties of the board or
 36  7 commission, including but not limited to additional full=time
 36  8 equivalent positions.  The director of the department of
 36  9 administrative services shall draw warrants upon the treasurer
 36 10 of state from the funds appropriated as provided in this
 36 11 section and shall make the funds available to the professional
 36 12 licensing division and regulation bureau on a monthly basis
 36 13 during each fiscal year.
 36 14    4.  The professional licensing and regulation bureau of the
 36 15 banking division of the department of commerce may expend
 36 16 additional funds, including funds for additional personnel, if
 36 17 those additional expenditures are directly the cause of actual
 36 18 examination expenses exceeding funds budgeted for
 36 19 examinations.  Before the division bureau expends or encumbers
 36 20 an amount in excess of the funds budgeted for examinations,
 36 21 the director of the department of management shall approve the
 36 22 expenditure or encumbrance.  Before approval is given, the
 36 23 director of the department of management shall determine that
 36 24 the examination expenses exceed the funds budgeted by the
 36 25 general assembly to the division bureau and the division
 36 26 bureau does not have other funds from which the expenses can
 36 27 be paid.  Upon approval of the director of the department of
 36 28 management, the division bureau may expend and encumber funds
 36 29 for excess examination expenses.  The amounts necessary to
 36 30 fund the examination expenses shall be collected as fees from
 36 31 additional examination applicants and shall be treated as
 36 32 repayment receipts as defined in section 8.2, subsection 8.
 36 33    5.  Fees collected under chapters 542, 542B, 543B, 543D,
 36 34 544A, and 544B, and 544C shall be paid to the treasurer of
 36 35 state and credited to the general fund of the state.  All
 37  1 expenses required in the discharge of the duties and
 37  2 responsibilities imposed upon the professional licensing and
 37  3 regulation bureau of the banking division of the department of
 37  4 commerce, the administrator, and the licensing boards by the
 37  5 laws of this state shall be paid from moneys appropriated by
 37  6 the general assembly for those purposes.  All fees deposited
 37  7 into the general fund of the state, as provided in this
 37  8 subsection, shall be subject to the requirements of section
 37  9 8.60.
 37 10    6.  The administrator of professional licensing and
 37 11 regulation is the superintendent of savings and loan
 37 12 associations.  The administrator may appoint an individual to
 37 13 act as the superintendent who shall serve as the
 37 14 superintendent at the pleasure of the administrator.
 37 15
 37 16
 37 17                                                             
 37 18                               CHRISTOPHER C. RANTS
 37 19                               Speaker of the House
 37 20
 37 21
 37 22                                                             
 37 23                               JEFFREY M. LAMBERTI
 37 24                               President of the Senate
 37 25
 37 26    I hereby certify that this bill originated in the House and
 37 27 is known as House File 2521, Eighty=first General Assembly.
 37 28
 37 29
 37 30                                                             
 37 31                               MARGARET THOMSON
 37 32                               Chief Clerk of the House
 37 33 Approved                , 2006
 37 34
 37 35
 38  1                            
 38  2 THOMAS J. VILSACK
 38  3 Governor