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...................................... $  3,600,000
  3 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 .................................................. $  1,000,000
  4 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