Senate File 2347 - Enrolled PAG LIN 1 1 SENATE FILE 2347 1 2 1 3 AN ACT 1 4 RELATING TO THE USE OF OPTICAL SCAN VOTING SYSTEMS IN EVERY 1 5 COUNTY, MAKING AN APPROPRIATION FOR THE COST OF PURCHASING 1 6 AND DISTRIBUTING OPTICAL SCAN VOTING SYSTEMS, REDUCING 1 7 CERTAIN APPROPRIATIONS, PROVIDING FOR CONTINUING EDUCATION 1 8 FOR CERTAIN ELECTION PERSONNEL, AND PROVIDING AN EFFECTIVE 1 9 DATE. 1 10 1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 12 1 13 Section 1. NEW SECTION. 47.10 OPTICAL SCAN VOTING SYSTEM 1 14 FUND. 1 15 An optical scan voting system fund is established in the 1 16 office of the treasurer of state under the control of the 1 17 secretary of state. Moneys in the fund are appropriated to 1 18 the office of the secretary of state for purchase and 1 19 distribution of optical scan voting system equipment to 1 20 counties to assist county compliance with section 52.2, 1 21 subsection 2. The secretary of state, in consultation with 1 22 the department of administrative services, shall establish a 1 23 procedure for purchasing and distributing the equipment. 1 24 Sec. 2. Section 49.124, Code 2007, is amended to read as 1 25 follows: 1 26 49.124 TRAINING COURSE BY COMMISSIONER == CONTINUING 1 27 EDUCATION PROGRAM. 1 28 1. The commissioner shall conduct, not later than the day 1 29 before each primary and general election, a training course 1 30 for all election personnel, and the commissioner may do so 1 31 before any other election the commissioner administers. The 1 32 personnel shall include all precinct election officials and 1 33 any other persons who will be employed in or around the 1 34 polling places on election day. At least two precinct 1 35 election officials who will serve on each precinct election 2 1 board at the forthcoming election shall attend the training 2 2 course. If the entire board does not attend, those members 2 3 who do attend shall so far as possible be persons who have not 2 4 previously attended a similar training course. 2 5 2. A continuing education program shall be provided to 2 6 election personnel who are full=time or part=time permanent 2 7 employees of the commissioner's office. The state 2 8 commissioner of elections shall adopt rules pursuant to 2 9 chapter 17A to implement and administer the continuing 2 10 education program. 2 11 Sec. 3. Section 52.2, subsection 2, Code Supplement 2007, 2 12 is amended by striking the subsection and inserting in lieu 2 13 thereof the following: 2 14 2. Notwithstanding any provision to the contrary, for 2 15 elections held on or after November 4, 2008, a county shall 2 16 use an optical scan voting system only. The requirements of 2 17 the federal Help America Vote Act relating to disabled voters 2 18 shall be met by a county through the use of electronic ballot 2 19 marking devices that are compatible with an optical scan 2 20 voting system. 2 21 Sec. 4. Section 52.7, subsection 1, paragraph l, Code 2 22 Supplement 2007, is amended by striking the paragraph. 2 23 Sec. 5. OPTICAL SCAN VOTING SYSTEM FUND == APPROPRIATION. 2 24 There is appropriated from the rebuild Iowa infrastructure 2 25 fund to the office of the secretary of state for the fiscal 2 26 year beginning July 1, 2007, and ending June 30, 2008, the 2 27 following amount, or so much thereof as is necessary, to be 2 28 used for the purpose designated: 2 29 For deposit into the optical scan voting system fund, as 2 30 established in section 47.10, notwithstanding section 8.57, 2 31 subsection 6, paragraph "c": 2 32 .................................................. $ 4,900,880 2 33 1. If any federal funding is received for the same or 2 34 similar purposes authorized in section 47.10, as enacted by 2 35 this Act, of the amount appropriated in this section, $61,000 3 1 is allocated for matching such federal funding, and an amount 3 2 equal to the federal funding received shall revert from the 3 3 amount appropriated to the rebuild Iowa infrastructure fund at 3 4 the end of the fiscal year. 3 5 2. Notwithstanding section 47.9, as of the effective date 3 6 of this Act, all remaining moneys in the voting machine 3 7 reimbursement fund established in section 47.9 shall be 3 8 transferred to the optical scan voting system fund established 3 9 in section 47.10. Notwithstanding section 8.33, except as 3 10 otherwise provided in subsection 1, the moneys appropriated 3 11 and transferred in accordance with this section shall not 3 12 revert to the fund from which appropriated or transferred. 3 13 3. On or before December 31, 2008, the secretary of state 3 14 shall submit a report to the chairpersons and ranking members 3 15 of the joint appropriations subcommittee on administration and 3 16 regulation regarding the expenditures of moneys from the 3 17 optical scan voting system fund and distribution of equipment 3 18 to counties appropriated in this section. 3 19 Sec. 6. 2006 Iowa Acts, chapter 1179, section 5, as 3 20 amended by 2007 Iowa Acts, chapter 219, section 22, is amended 3 21 to read as follows: 3 22 SEC. 5. DEPARTMENT OF ADMINISTRATIVE SERVICES. There is 3 23 appropriated from the rebuild Iowa infrastructure fund to the 3 24 department of administrative services for the designated 3 25 fiscal years, the following amounts, or so much thereof as is 3 26 necessary, to be used for the purposes designated: 3 27 For planning, design, and construction costs associated 3 28 with the construction of a new approximately 3 29 350,000=gross=square=foot state office building, including 3 30 costs associated with furnishings, employee relocation, and 3 31 the demolition of the Wallace Building: 3 32 FY 2007=2008...................................... $3,600,0003 33 0 3 34 FY 2008=2009...................................... $ 23,300,000 3 35 FY 2009=2010...................................... $ 12,657,100 4 1 Notwithstanding section 8.33, moneys appropriated in this 4 2 section shall not revert at the close of the fiscal year for 4 3 which they were appropriated but shall remain available for 4 4 the purposes designated until the close of the fiscal year 4 5 that begins July 1, 2011, or until the project for which the 4 6 appropriation was made is completed, whichever is earlier. 4 7 The design specifications of the new state office building 4 8 shall include, at a minimum, energy efficiency specifications 4 9 that exceed state building code requirements and have the 4 10 potential for leadership in energy and environmental design 4 11 silver certification from the United States green building 4 12 council. 4 13 Sec. 7. 2007 Iowa Acts, chapter 219, section 1, subsection 4 14 1, paragraph n, is amended to read as follows: 4 15 n. For costs associated with a feasibility study 4 16 concerning asbestos abatement and related building renovation 4 17 work at the Iowa workforce development building located at 4 18 1000 E. Grand Avenue in Des Moines, notwithstanding section 4 19 8.57, subsection 6, paragraph "c": 4 20 .................................................. $1,000,0004 21 0 4 22 Sec. 8. Section 47.9, Code Supplement 2007, is repealed. 4 23 Sec. 9. EMERGENCY RULES. The secretary of state may adopt 4 24 emergency rules under section 17A.1, subsection 2, and section 4 25 17A.5, subsection 2, paragraph "b", to implement the 4 26 provisions of this Act relating to optical scan voting 4 27 systems, and the rules shall be effective immediately upon 4 28 filing unless a later date is specified in the rules. Any 4 29 rules adopted in accordance with this section shall also be 4 30 published as a notice of intended action as provided in 4 31 section 17A.4. 4 32 Sec. 10. EFFECTIVE DATE. This Act, being deemed of 4 33 immediate importance, takes effect upon enactment. 4 34 4 35 5 1 5 2 JOHN P. KIBBIE 5 3 President of the Senate 5 4 5 5 5 6 5 7 PATRICK J. MURPHY 5 8 Speaker of the House 5 9 5 10 I hereby certify that this bill originated in the Senate and 5 11 is known as Senate File 2347, Eighty=second General Assembly. 5 12 5 13 5 14 5 15 MICHAEL E. MARSHALL 5 16 Secretary of the Senate 5 17 Approved , 2008 5 18 5 19 5 20 5 21 CHESTER J. CULVER 5 22 Governor