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:
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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.
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