House File 776 - Introduced



                                  HOUSE FILE       
                                  BY  COMMITTEE ON STATE GOVERNMENT

                                  (SUCCESSOR TO HSB 165)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to governmental financial and information
  2    technology activities, including membership in state insurance
  3    plans by former members of the general assembly, designation
  4    of a chief information officer for the state, cooperative
  5    procurement agreements, distribution of state employee salary
  6    information, setoff authority for capitol complex and state
  7    laboratory parking fines collection, sales of disposed
  8    personal property of the state by not=for=profit
  9    organizations, a local government setoff authority pilot
 10    project, and charges for credit card payments accepted by
 11    government.
 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
 13 TLSB 1288HV 81
 14 ec/sh/8

PAG LIN



  1  1                           DIVISION I
  1  2    Section 1.  Section 2.40, subsection 1, unnumbered
  1  3 paragraph 2, Code 2005, is amended to read as follows:
  1  4    A member of the general assembly may elect to become a
  1  5 member of a state group insurance plan.  A member of the
  1  6 general assembly may continue membership in a state group
  1  7 insurance plan without reapplication during the member's
  1  8 tenure as a member of consecutive general assemblies.  For the
  1  9 purpose of electing to become a member of the state health or
  1 10 medical service group insurance plan, a member of the general
  1 11 assembly has the status of a "new hire", full=time state
  1 12 employee following each election of that member in a general
  1 13 or special election, or during the first subsequent annual
  1 14 open enrollment.  In lieu of membership in a state health or
  1 15 medical group insurance plan, a member of the general assembly
  1 16 may elect to receive reimbursement for the costs paid by the
  1 17 member for a continuation of a group coverage (COBRA) health
  1 18 or medical insurance plan.  The member shall apply for
  1 19 reimbursement by submitting evidence of payment for a COBRA
  1 20 health or medical insurance plan.  The maximum reimbursement
  1 21 shall be no greater than the state's contribution for health
  1 22 or medical insurance family plan II.  A member of the general
  1 23 assembly who elects to become a member of a state health or
  1 24 medical group insurance plan shall be exempted from
  1 25 preexisting medical condition waiting periods.  A member of
  1 26 the general assembly may change programs or coverage under the
  1 27 state health or medical service group insurance plan during
  1 28 the month of January of odd=numbered years, but program and
  1 29 coverage change selections shall be subject to the enrollment
  1 30 rules established for full=time state employees excluded from
  1 31 collective bargaining as provided in chapter 20.  A person who
  1 32 has been a member of the general assembly for two years and
  1 33 who has elected to be a member of a state health or medical
  1 34 group insurance plan may continue to be a member of such state
  1 35 health or medical group insurance plan by requesting
  2  1 continuation in writing to the finance officer within thirty=
  2  2 one days after leaving office.  The continuing former member
  2  3 of the general assembly shall pay the total premium for the
  2  4 state plan and shall have the same rights to change programs
  2  5 or coverage as state employees.  In the event of the death of
  2  6 a former member of the general assembly who has elected to
  2  7 continue to be a member of a state health or medical group
  2  8 insurance plan, the surviving spouse of the former member
  2  9 whose insurance would otherwise terminate because of the death
  2 10 of the former member may elect to continue to be a member of
  2 11 such state health or medical group insurance plan by
  2 12 requesting continuation in writing to the finance officer
  2 13 within thirty=one days after the death of the former member.
  2 14 The surviving spouse of the former member shall pay the total
  2 15 premium for the state plan and shall have the same rights to
  2 16 change programs or coverage as state employees.  For purposes
  2 17 of this paragraph, health or medical programs or coverage and
  2 18 dental programs or coverage are to be treated separately and
  2 19 the rights to change programs or coverage apply only to the
  2 20 type of programs or coverage that the continuing former member
  2 21 has elected to continue.  This paragraph shall not be
  2 22 construed to permit a former member to become a member of a
  2 23 state health or medical group insurance plan providing
  2 24 programs or coverage of a type that the former member did not
  2 25 elect to continue pursuant to this paragraph.
  2 26    Sec. 2.  Section 8A.104, subsection 12, Code 2005, is
  2 27 amended to read as follows:
  2 28    12.  Serve as the chief information officer for the state.
  2 29 However, the director may designate a person in the department
  2 30 to serve in this capacity at the discretion of the director.
  2 31 If the director designates a person to serve as chief
  2 32 information officer, the person designated shall be
  2 33 professionally qualified by education and have no less than
  2 34 five years' experience in the fields of information technology
  2 35 and financial management.
  3  1    Sec. 3.  Section 8A.311, Code 2005, is amended by adding
  3  2 the following new subsection:
  3  3    NEW SUBSECTION.  3A.  The director may enter into a
  3  4 cooperative procurement agreement with another governmental
  3  5 entity relating to the procurement of goods or services,
  3  6 whether the goods or services are for the use of the
  3  7 department or other governmental entities.  The cooperative
  3  8 procurement agreement shall clearly specify the purpose of the
  3  9 agreement and the method by which that purpose will be
  3 10 accomplished.  Any power exercised under the agreement shall
  3 11 not exceed the power granted to any party to the agreement.
  3 12    Sec. 4.  Section 8A.323, subsection 4, Code 2005, is
  3 13 amended to read as follows:
  3 14    4.  All Except as provided in subsection 5, all fines
  3 15 collected by the department shall be forwarded to the
  3 16 treasurer of state and deposited in the general fund of the
  3 17 state.
  3 18    Sec. 5.  Section 8A.323, Code 2005, is amended by adding
  3 19 the following new subsection:
  3 20    NEW SUBSECTION.  5.  Any fine that remains unpaid upon
  3 21 becoming delinquent may be collected by the department
  3 22 pursuant to the setoff procedures provided for in section
  3 23 8A.504.  For purposes of this subsection, a fine becomes
  3 24 delinquent if it has not been paid within thirty days of the
  3 25 date of the issuance of the parking citation, unless a written
  3 26 request for a hearing is filed as provided pursuant to the
  3 27 rules of the department.  If an appeal is filed and the
  3 28 citation is upheld, the fine becomes delinquent ten days after
  3 29 the issuance of the final decision on the appeal or thirty=one
  3 30 days after the date of the issuance of the parking citation,
  3 31 whichever is later.
  3 32    Sec. 6.  Section 8A.324, subsection 2, Code 2005, is
  3 33 amended by adding the following new unnumbered paragraph:
  3 34    NEW UNNUMBERED PARAGRAPH.  A not=for=profit organization or
  3 35 governmental agency that enters into an agreement with the
  4  1 director pursuant to this subsection may sell or otherwise
  4  2 transfer the personal property received from the department to
  4  3 any person that the department would be able to sell or
  4  4 otherwise transfer such property to under this chapter,
  4  5 including, but not limited to, the general public.  The
  4  6 authority granted to sell or otherwise transfer personal
  4  7 property pursuant to this paragraph supersedes any other
  4  8 restrictions applicable to the not=for=profit organization or
  4  9 governmental entity, but only for purposes of the personal
  4 10 property received from the department.
  4 11    Sec. 7.  Section 8A.341, subsection 2, Code 2005, is
  4 12 amended to read as follows:
  4 13    2.  If money is appropriated for this purpose, by November
  4 14 1 of each year supply a report which contains the name,
  4 15 gender, county, or city of residence when possible, official
  4 16 title, salary received during the previous fiscal year, base
  4 17 salary as computed on July 1 of the current fiscal year, and
  4 18 traveling and subsistence expense of the personnel of each of
  4 19 the departments, boards, and commissions of the state
  4 20 government except personnel who receive an annual salary of
  4 21 less than one thousand dollars.  The number of the personnel
  4 22 and the total amount received by them shall be shown for each
  4 23 department in the report.  All employees who have drawn
  4 24 salaries, fees, or expense allowances from more than one
  4 25 department or subdivision shall be listed separately under the
  4 26 proper departmental heading.  On the request of the director,
  4 27 the head of each department, board, or commission shall
  4 28 furnish the data covering that agency.  The report shall be
  4 29 distributed upon request without charge in an electronic
  4 30 medium to each caucus of the general assembly, the legislative
  4 31 services agency, the chief clerk of the house of
  4 32 representatives, and the secretary of the senate.  Copies of
  4 33 the report shall be made available to other persons in both
  4 34 print or an electronic medium upon payment of a fee, which
  4 35 shall not exceed the cost of providing the copy of the report.
  5  1 Sections 22.2 through 22.6 apply to the report.  All funds
  5  2 from the sale of the report shall be deposited in the printing
  5  3 revolving fund established in section 8A.345.  Requests for
  5  4 print publications shall be handled only upon receipt of
  5  5 postage by the director.
  5  6    Sec. 8.  LOCAL GOVERNMENT SETOFF PILOT PROJECT.
  5  7 Notwithstanding any provision of section 8A.504 to the
  5  8 contrary, the department of administrative services may enter
  5  9 into agreements with no more than five political subdivisions
  5 10 of the state to allow the political subdivisions to be
  5 11 eligible to participate in the setoff procedures provided in
  5 12 section 8A.504.
  5 13                           DIVISION II
  5 14    Sec. 9.  Section 8A.125, subsection 2, Code 2005, is
  5 15 amended to read as follows:
  5 16    2.  In addition to other forms of payment, a person may pay
  5 17 by credit card for services provided by the department,
  5 18 according to rules adopted by the treasurer of state.  The
  5 19 credit card fees to be charged shall not exceed those
  5 20 permitted by statute.  A governmental entity may adjust its
  5 21 payment to reflect the costs of processing as determined by
  5 22 the treasurer of state.  The discount charged by the credit
  5 23 card issuer may be included in determining the fees to be paid
  5 24 for completing a financial transaction under this section by
  5 25 using a credit card.  All credit card payments shall be
  5 26 credited to the fund used to account for the services
  5 27 provided.
  5 28    Sec. 10.  Section 12.21, Code 2005, is amended to read as
  5 29 follows:
  5 30    12.21  ACCEPTING CREDIT CARD PAYMENTS.
  5 31    The treasurer of state may enter into an agreement with a
  5 32 financial institution to provide credit card receipt
  5 33 processing for state departments which are authorized by the
  5 34 treasurer of state to accept payment by credit card.  A
  5 35 department which accepts credit card payments may adjust its
  6  1 fees to reflect the cost of processing as determined by the
  6  2 treasurer of state.  A separate fee may shall not be charged
  6  3 by a department for using the credit card payment method
  6  4 notwithstanding any other provision of the Code setting
  6  5 specific fees.  The treasurer of state shall adopt rules to
  6  6 implement this section.
  6  7    Sec. 11.  Section 15.108, subsection 9, paragraph e, Code
  6  8 2005, is amended to read as follows:
  6  9    e.  At the director's discretion, accept payment by credit
  6 10 card of any fees, interest, penalties, subscriptions,
  6 11 registrations, purchases, or other payments, or any portion of
  6 12 such payments, which are due or collected by the department.
  6 13 The department may adjust the amount of the payment to reflect
  6 14 the costs of processing the payment as determined by the
  6 15 treasurer of state and the payment by credit card shall
  6 16 include, in addition to all other charges, any discount
  6 17 charged by the credit card issuer.
  6 18    Sec. 12.  Section 421.17, subsection 27, paragraph f, Code
  6 19 2005, is amended to read as follows:
  6 20    f.  At the director's discretion, the department may accept
  6 21 payment of debts, interest, and fees, or any portion by credit
  6 22 card.  The director may adjust the payable amount to reflect
  6 23 the costs of processing the payment as determined by the
  6 24 treasurer of state and the payment by credit card shall
  6 25 include, in addition to all other charges, any discount charge
  6 26 by the credit card issuer.
  6 27    Sec. 13.  Section 455A.4, subsection 5, Code 2005, is
  6 28 amended to read as follows:
  6 29    5.  The department may accept payment of any fees,
  6 30 interest, penalties, subscriptions, or other payments due or
  6 31 collected by the department, or any portion of such payments,
  6 32 by debit or credit card.  The department may adjust the amount
  6 33 of the payment to reflect the costs of processing the payment
  6 34 as determined by the treasurer of state and the payment by
  6 35 credit card shall include, in addition to all other charges,
  7  1 any discount charged by the credit card issuer.
  7  2                           EXPLANATION
  7  3    Division I of the bill relates to continuing health
  7  4 insurance for former members of the general assembly and to
  7  5 the rights and duties of the department of administrative
  7  6 services.
  7  7    Code section 2.40 is amended to provide that a former
  7  8 member of the general assembly who continues coverage in a
  7  9 particular state health, medical, or dental insurance program
  7 10 can only make changes for the particular program the former
  7 11 member chose to continue coverage.
  7 12    Code section 8A.104, concerning the duties of the director
  7 13 of the department of administrative services, is amended to
  7 14 provide that the director may designate another person in the
  7 15 department to act as the chief information officer of the
  7 16 state.  The bill further provides that if the director so
  7 17 designates, the person designated shall be professionally
  7 18 qualified by education and have at least five years'
  7 19 experience in the fields of information technology and
  7 20 financial management.
  7 21    Code section 8A.311 is amended by adding a new subsection
  7 22 providing that the director of the department of
  7 23 administrative services may enter into a cooperative
  7 24 procurement agreement with another governmental entity for the
  7 25 procurement of goods or services, whether the goods or
  7 26 services are for the use of the department or other
  7 27 governmental entities.
  7 28    Code section 8A.323, concerning parking violations at the
  7 29 capitol complex and at the state laboratory in Ankeny, is
  7 30 amended to authorize the department to collect delinquent
  7 31 fines through the setoff procedures in Code section 8A.504.
  7 32    Code section 8A.324, concerning the disposal of personal
  7 33 property by the department, is amended to permit not=for=
  7 34 profit organizations and governmental agencies that enter into
  7 35 an agreement with the department to dispose of personal
  8  1 property of the state to sell or otherwise transfer the
  8  2 disposed property to any person that the department would have
  8  3 been able to sell to, including the general public.  The bill
  8  4 provides that this authority to sell or transfer applies
  8  5 regardless of any other restrictions that may limit the
  8  6 organization's or agency's authority to sell or otherwise
  8  7 transfer the property.
  8  8    Code section 8A.341 is amended to strike the requirement
  8  9 that the department of administrative services make available
  8 10 print copies of the report containing salary and expense
  8 11 information related to state employees.  The bill retains the
  8 12 requirement that the report be made available in an electronic
  8 13 medium.
  8 14    The bill also grants the department of administrative
  8 15 services the authority to enter into agreements with up to
  8 16 five political subdivisions of the state to permit the
  8 17 political subdivisions to utilize the setoff procedures for
  8 18 collecting qualifying debts under Code section 8A.504.  Code
  8 19 section 8A.504 currently limits setoff authority to state
  8 20 agencies and does not permit any political subdivision to
  8 21 utilize this procedure.
  8 22    Division II of the bill concerns credit card transactions
  8 23 conducted by certain state agencies.  The bill amends Code
  8 24 sections applicable to the department of administrative
  8 25 services (8A.124), the treasurer of state (12.21), the
  8 26 department of economic development (15.108), the department of
  8 27 revenue (421.17), and the department of natural resources
  8 28 (455A.4) to provide that none of these agencies may charge any
  8 29 additional fees to persons utilizing a credit card to make
  8 30 payments to that agency.  Code section 455A.4 is also amended
  8 31 to provide that the department of natural resources can accept
  8 32 payments by debit card.
  8 33 LSB 1288HV 81
  8 34 ec:nh/sh/8