House Study Bill 708
HOUSE FILE
BY (PROPOSED COMMITTEE ON
APPROPRIATIONS BILL BY HOUSE
APPROPRIATIONS SUBCOMMITTEE
ON ADMINISTRATION AND REGULATION)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to and making appropriations to certain state
2 departments, agencies, funds, and certain other entities,
3 providing for regulatory authority, and other properly related
4 matters.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 5189HB 81
7 ec/je/5
PAG LIN
1 1 DIVISION I
1 2 ADMINISTRATION AND REGULATION APPROPRIATIONS
1 3 Section 1. DEPARTMENT OF ADMINISTRATIVE SERVICES. There
1 4 is appropriated from the general fund of the state to the
1 5 department of administrative services for the fiscal year
1 6 beginning July 1, 2006, and ending June 30, 2007, the
1 7 following amounts, or so much thereof as is necessary, to be
1 8 used for the purposes designated:
1 9 1. For salaries, support, maintenance, and miscellaneous
1 10 purposes, and for not more than the following full=time
1 11 equivalent positions:
1 12 .................................................. $ 5,048,824
1 13 ............................................... FTEs 443.68
1 14 UTILITY COSTS
1 15 2. For the payment of utility costs:
1 16 .................................................. $ 3,080,865
1 17 Notwithstanding section 8.33, any excess funds appropriated
1 18 for utility costs in this subsection shall not revert to the
1 19 general fund of the state at the end of the fiscal year but
1 20 shall remain available for expenditure for the purposes of
1 21 this subsection during the fiscal year beginning July 1, 2007.
1 22 3. For financial administration duties:
1 23 .................................................. $ 200,000
1 24 4. Members of the general assembly serving as members of
1 25 the deferred compensation advisory board shall be entitled to
1 26 receive per diem and necessary travel and actual expenses
1 27 pursuant to section 2.10, subsection 5, while carrying out
1 28 their official duties as members of the board.
1 29 5. Any funds and premiums collected by the department for
1 30 workers' compensation shall be segregated into a separate
1 31 workers' compensation fund in the state treasury to be used
1 32 for payment of state employees' workers' compensation claims
1 33 and administrative costs. Notwithstanding section 8.33,
1 34 unencumbered or unobligated moneys remaining in this workers'
1 35 compensation fund at the end of the fiscal year shall not
2 1 revert but shall be available for expenditure for purposes of
2 2 the fund for subsequent fiscal years.
2 3 Sec. 2. REVOLVING FUNDS. There is appropriated to the
2 4 department of administrative services for the fiscal year
2 5 beginning July 1, 2006, and ending June 30, 2007, from the
2 6 revolving funds designated in chapter 8A and from internal
2 7 service funds created by the department, such amounts as the
2 8 department deems necessary for the operation of the department
2 9 consistent with the requirements of chapter 8A.
2 10 Sec. 3. FUNDING FOR IOWACCESS.
2 11 1. Notwithstanding section 321A.3, subsection 1, for the
2 12 fiscal year beginning July 1, 2006, and ending June 30, 2007,
2 13 the first $1,000,000 collected and transferred by the
2 14 department of transportation to the treasurer of state with
2 15 respect to the fees for transactions involving the furnishing
2 16 of a certified abstract of a vehicle operating record under
2 17 section 321A.3, subsection 1, shall be transferred to the
2 18 IowAccess revolving fund established by section 8A.224 and
2 19 administered by the department of administrative services for
2 20 the purposes of developing, implementing, maintaining, and
2 21 expanding electronic access to government records as provided
2 22 by law.
2 23 2. All fees collected with respect to transactions
2 24 involving IowAccess shall be deposited in the IowAccess
2 25 revolving fund and shall be used only for the support of
2 26 IowAccess projects.
2 27 Sec. 4. STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION
2 28 CHARGE. For the fiscal year beginning July 1, 2006, and
2 29 ending June 30, 2007, the monthly per contract administrative
2 30 charge which may be assessed by the department of
2 31 administrative services shall be $2.00 per contract on all
2 32 health insurance plans administered by the department.
2 33 Sec. 5. AUDITOR OF STATE. There is appropriated from the
2 34 general fund of the state to the office of the auditor of
2 35 state for the fiscal year beginning July 1, 2006, and ending
3 1 June 30, 2007, the following amount, or so much thereof as is
3 2 necessary, to be used for the purposes designated:
3 3 For salaries, support, maintenance, and miscellaneous
3 4 purposes, and for not more than the following full=time
3 5 equivalent positions:
3 6 .................................................. $ 1,207,341
3 7 ............................................... FTEs 102.50
3 8 The auditor of state may retain additional full=time
3 9 equivalent positions as is reasonable and necessary to perform
3 10 governmental subdivision audits which are reimbursable
3 11 pursuant to section 11.20 or 11.21, to perform audits which
3 12 are requested by and reimbursable from the federal government,
3 13 and to perform work requested by and reimbursable from
3 14 departments or agencies pursuant to section 11.5A or 11.5B.
3 15 The auditor of state shall notify the department of
3 16 management, the legislative fiscal committee, and the
3 17 legislative services agency of the additional full=time
3 18 equivalent positions retained.
3 19 Sec. 6. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There
3 20 is appropriated from the general fund of the state to the Iowa
3 21 ethics and campaign disclosure board for the fiscal year
3 22 beginning July 1, 2006, and ending June 30, 2007, the
3 23 following amount, or so much thereof as is necessary, for the
3 24 purposes designated:
3 25 For salaries, support, maintenance, and miscellaneous
3 26 purposes, and for not more than the following full=time
3 27 equivalent positions:
3 28 .................................................. $ 497,056
3 29 ............................................... FTEs 6.00
3 30 Sec. 7. DEPARTMENT OF COMMERCE. There is appropriated
3 31 from the general fund of the state to the department of
3 32 commerce for the fiscal year beginning July 1, 2006, and
3 33 ending June 30, 2007, the following amounts, or so much
3 34 thereof as is necessary, for the purposes designated:
3 35 1. ALCOHOLIC BEVERAGES DIVISION
4 1 For salaries, support, maintenance, and miscellaneous
4 2 purposes, and for not more than the following full=time
4 3 equivalent positions:
4 4 .................................................. $ 1,930,962
4 5 ............................................... FTEs 36.00
4 6 2. BANKING DIVISION
4 7 For salaries, support, maintenance, and miscellaneous
4 8 purposes, and for not more than the following full=time
4 9 equivalent positions:
4 10 .................................................. $ 7,222,008
4 11 ............................................... FTEs 71.00
4 12 3. CREDIT UNION DIVISION
4 13 For salaries, support, maintenance, and miscellaneous
4 14 purposes, and for not more than the following full=time
4 15 equivalent positions:
4 16 .................................................. $ 1,455,874
4 17 ............................................... FTEs 18.00
4 18 4. INSURANCE DIVISION
4 19 a. For salaries, support, maintenance, and miscellaneous
4 20 purposes, and for not more than the following full=time
4 21 equivalent positions:
4 22 .................................................. $ 4,517,481
4 23 ............................................... FTEs 101.00
4 24 b. The insurance division may reallocate authorized full=
4 25 time equivalent positions as necessary to respond to
4 26 accreditation recommendations or requirements. The insurance
4 27 division expenditures for examination purposes may exceed the
4 28 projected receipts, refunds, and reimbursements, estimated
4 29 pursuant to section 505.7, subsection 7, including the
4 30 expenditures for retention of additional personnel, if the
4 31 expenditures are fully reimbursable and the division first
4 32 does both of the following:
4 33 (1) Notifies the department of management, the legislative
4 34 services agency, and the legislative fiscal committee of the
4 35 need for the expenditures.
5 1 (2) Files with each of the entities named in subparagraph
5 2 (1) the legislative and regulatory justification for the
5 3 expenditures, along with an estimate of the expenditures.
5 4 c. The insurance division shall allocate $10,000 from the
5 5 examination receipts for the payment of its fees to the
5 6 national council of insurance legislators.
5 7 5. PROFESSIONAL LICENSING AND REGULATION BUREAU
5 8 For salaries, support, maintenance, and miscellaneous
5 9 purposes, and for not more than the following full=time
5 10 equivalent positions:
5 11 .................................................. $ 793,462
5 12 ............................................... FTEs 13.50
5 13 6. UTILITIES DIVISION
5 14 a. For salaries, support, maintenance, and miscellaneous
5 15 purposes, and for not more than the following full=time
5 16 equivalent positions:
5 17 .................................................. $ 7,230,820
5 18 ............................................... FTEs 79.00
5 19 b. The utilities division may expend additional funds,
5 20 including funds for additional personnel, if those additional
5 21 expenditures are actual expenses which exceed the funds
5 22 budgeted for utility regulation and the expenditures are fully
5 23 reimbursable. Before the division expends or encumbers an
5 24 amount in excess of the funds budgeted for regulation, the
5 25 division shall first do both of the following:
5 26 (1) Notify the department of management, the legislative
5 27 services agency, and the legislative fiscal committee of the
5 28 need for the expenditures.
5 29 (2) File with each of the entities named in subparagraph
5 30 (1) the legislative and regulatory justification for the
5 31 expenditures, along with an estimate of the expenditures.
5 32 7. CHARGES == TRAVEL. Each division and the office of
5 33 consumer advocate shall include in its charges assessed or
5 34 revenues generated, an amount sufficient to cover the amount
5 35 stated in its appropriation, and any state=assessed indirect
6 1 costs determined by the department of administrative services.
6 2 The director of the department of commerce shall review on a
6 3 quarterly basis all out=of=state travel for the previous
6 4 quarter for officers and employees of each division of the
6 5 department if the travel is not already authorized by the
6 6 executive council.
6 7 Sec. 8. DEPARTMENT OF COMMERCE == PROFESSIONAL LICENSING
6 8 AND REGULATION. There is appropriated from the housing
6 9 improvement fund of the Iowa department of economic
6 10 development to the bureau of professional licensing and
6 11 regulation of the banking division of the department of
6 12 commerce for the fiscal year beginning July 1, 2006, and
6 13 ending June 30, 2007, the following amount, or so much thereof
6 14 as is necessary, to be used for the purposes designated:
6 15 For salaries, support, maintenance, and miscellaneous
6 16 purposes:
6 17 .................................................. $ 62,317
6 18 Sec. 9. GOVERNOR AND LIEUTENANT GOVERNOR. There is
6 19 appropriated from the general fund of the state to the offices
6 20 of the governor and the lieutenant governor for the fiscal
6 21 year beginning July 1, 2006, and ending June 30, 2007, the
6 22 following amounts, or so much thereof as is necessary, to be
6 23 used for the purposes designated:
6 24 1. GENERAL OFFICE
6 25 For salaries, support, maintenance, and miscellaneous
6 26 purposes for the general office of the governor and the
6 27 general office of the lieutenant governor, and for not more
6 28 than the following full=time equivalent positions:
6 29 .................................................. $ 1,823,111
6 30 ............................................... FTEs 19.25
6 31 2. TERRACE HILL QUARTERS
6 32 For salaries, support, maintenance, and miscellaneous
6 33 purposes for the governor's quarters at Terrace Hill, and for
6 34 not more than the following full=time equivalent positions:
6 35 .................................................. $ 378,633
7 1 ............................................... FTEs 8.00
7 2 3. ADMINISTRATIVE RULES COORDINATOR
7 3 For salaries, support, maintenance, and miscellaneous
7 4 purposes for the office of administrative rules coordinator,
7 5 and for not more than the following full=time equivalent
7 6 positions:
7 7 .................................................. $ 150,013
7 8 ............................................... FTEs 3.00
7 9 4. NATIONAL GOVERNORS ASSOCIATION
7 10 For payment of Iowa's membership in the national governors
7 11 association:
7 12 .................................................. $ 64,393
7 13 5. STATE=FEDERAL RELATIONS
7 14 For salaries, support, maintenance, and miscellaneous
7 15 purposes, and for not more than the following full=time
7 16 equivalent positions:
7 17 .................................................. $ 115,748
7 18 ............................................... FTEs 2.00
7 19 Sec. 10. GOVERNOR'S OFFICE OF DRUG CONTROL POLICY.
7 20 1. There is appropriated from the general fund of the
7 21 state to the governor's office of drug control policy for the
7 22 fiscal year beginning July 1, 2006, and ending June 30, 2007,
7 23 the following amount, or so much thereof as is necessary, to
7 24 be used for the purposes designated:
7 25 For salaries, support, maintenance, and miscellaneous
7 26 purposes, including statewide coordination of the drug abuse
7 27 resistance education (D.A.R.E.) programs or similar programs,
7 28 and for not more than the following full=time equivalent
7 29 positions:
7 30 .................................................. $ 307,730
7 31 ............................................... FTEs 8.00
7 32 2. The governor's office of drug control policy, in
7 33 consultation with the Iowa department of public health, and
7 34 after discussion and collaboration with all interested
7 35 agencies, shall coordinate substance abuse treatment and
8 1 prevention efforts in order to avoid duplication of services.
8 2 Sec. 11. DEPARTMENT OF HUMAN RIGHTS. There is
8 3 appropriated from the general fund of the state to the
8 4 department of human rights for the fiscal year beginning July
8 5 1, 2006, and ending June 30, 2007, the following amounts, or
8 6 so much thereof as is necessary, to be used for the purposes
8 7 designated:
8 8 1. CENTRAL ADMINISTRATION DIVISION
8 9 For salaries, support, maintenance, and miscellaneous
8 10 purposes, and for not more than the following full=time
8 11 equivalent positions:
8 12 .................................................. $ 317,028
8 13 ............................................... FTEs 7.00
8 14 2. DEAF SERVICES DIVISION
8 15 For salaries, support, maintenance, and miscellaneous
8 16 purposes, and for not more than the following full=time
8 17 equivalent positions:
8 18 .................................................. $ 374,367
8 19 ............................................... FTEs 6.00
8 20 The fees collected by the division for provision of
8 21 interpretation services by the division to obligated agencies
8 22 shall be disbursed pursuant to the provisions of section 8.32,
8 23 and shall be dedicated and used by the division for continued
8 24 and expanded interpretation services.
8 25 3. STATUS OF IOWANS OF ASIAN AND PACIFIC ISLANDER HERITAGE
8 26 DIVISION
8 27 For support, maintenance, and miscellaneous purposes:
8 28 .................................................. $ 6,000
8 29 4. PERSONS WITH DISABILITIES DIVISION
8 30 For salaries, support, maintenance, and miscellaneous
8 31 purposes, and for not more than the following full=time
8 32 equivalent positions:
8 33 .................................................. $ 193,531
8 34 ............................................... FTEs 3.20
8 35 5. LATINO AFFAIRS DIVISION
9 1 For salaries, support, maintenance, and miscellaneous
9 2 purposes, and for not more than the following full=time
9 3 equivalent positions:
9 4 .................................................. $ 170,749
9 5 ............................................... FTEs 3.00
9 6 6. STATUS OF WOMEN DIVISION
9 7 For salaries, support, maintenance, and miscellaneous
9 8 purposes, including the Iowans in transition program, and the
9 9 domestic violence and sexual assault=related grants, and for
9 10 not more than the following full=time equivalent positions:
9 11 .................................................. $ 335,501
9 12 ............................................... FTEs 3.00
9 13 7. STATUS OF AFRICAN=AMERICANS DIVISION
9 14 For salaries, support, maintenance, and miscellaneous
9 15 purposes, and for not more than the following full=time
9 16 equivalent positions:
9 17 .................................................. $ 121,655
9 18 ............................................... FTEs 2.00
9 19 8. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION
9 20 For salaries, support, maintenance, and miscellaneous
9 21 purposes, and for not more than the following full=time
9 22 equivalent positions:
9 23 .................................................. $ 1,098,026
9 24 ............................................... FTEs 12.18
9 25 The criminal and juvenile justice planning advisory council
9 26 and the juvenile justice advisory council shall coordinate
9 27 their efforts in carrying out their respective duties relative
9 28 to juvenile justice.
9 29 9. SHARED STAFF. The divisions of the department of human
9 30 rights shall retain their individual administrators, but shall
9 31 share staff to the greatest extent possible.
9 32 Sec. 12. DEPARTMENT OF INSPECTIONS AND APPEALS. There is
9 33 appropriated from the general fund of the state to the
9 34 department of inspections and appeals for the fiscal year
9 35 beginning July 1, 2006, and ending June 30, 2007, the
10 1 following amounts, or so much thereof as is necessary, for the
10 2 purposes designated:
10 3 1. ADMINISTRATION DIVISION
10 4 For salaries, support, maintenance, and miscellaneous
10 5 purposes, and for not more than the following full=time
10 6 equivalent positions:
10 7 .................................................. $ 1,657,318
10 8 ............................................... FTEs 33.25
10 9 2. ADMINISTRATIVE HEARINGS DIVISION
10 10 For salaries, support, maintenance, and miscellaneous
10 11 purposes, and for not more than the following full=time
10 12 equivalent positions:
10 13 .................................................. $ 634,647
10 14 ............................................... FTEs 23.00
10 15 3. INVESTIGATIONS DIVISION
10 16 For salaries, support, maintenance, and miscellaneous
10 17 purposes, and for not more than the following full=time
10 18 equivalent positions:
10 19 .................................................. $ 1,484,421
10 20 ............................................... FTEs 45.00
10 21 4. HEALTH FACILITIES DIVISION
10 22 For salaries, support, maintenance, and miscellaneous
10 23 purposes, and for not more than the following full=time
10 24 equivalent positions:
10 25 .................................................. $ 2,339,742
10 26 ............................................... FTEs 118.25
10 27 5. EMPLOYMENT APPEAL BOARD
10 28 For salaries, support, maintenance, and miscellaneous
10 29 purposes, and for not more than the following full=time
10 30 equivalent positions:
10 31 .................................................. $ 54,600
10 32 ............................................... FTEs 15.00
10 33 The employment appeal board shall be reimbursed by the
10 34 labor services division of the department of workforce
10 35 development for all costs associated with hearings conducted
11 1 under chapter 91C, related to contractor registration. The
11 2 board may expend, in addition to the amount appropriated under
11 3 this subsection, additional amounts as are directly billable
11 4 to the labor services division under this subsection and to
11 5 retain the additional full=time equivalent positions as needed
11 6 to conduct hearings required pursuant to chapter 91C.
11 7 6. CHILD ADVOCACY BOARD
11 8 For foster care review and the court appointed special
11 9 advocate program, including salaries, support, maintenance,
11 10 and miscellaneous purposes, and for not more than the
11 11 following full=time equivalent positions:
11 12 .................................................. $ 2,068,667
11 13 ............................................... FTEs 38.99
11 14 a. The department of human services, in coordination with
11 15 the child advocacy board, and the department of inspections
11 16 and appeals, shall submit an application for funding available
11 17 pursuant to Title IV=E of the federal Social Security Act for
11 18 claims for child advocacy board, administrative review costs.
11 19 b. The court appointed special advocate program shall
11 20 investigate and develop opportunities for expanding fund=
11 21 raising for the program.
11 22 c. Administrative costs charged by the department of
11 23 inspections and appeals for items funded under this subsection
11 24 shall not exceed 4 percent of the amount appropriated in this
11 25 subsection.
11 26 Sec. 13. RACING AND GAMING COMMISSION.
11 27 1. RACETRACK REGULATION
11 28 There is appropriated from the general fund of the state to
11 29 the racing and gaming commission of the department of
11 30 inspections and appeals for the fiscal year beginning July 1,
11 31 2006, and ending June 30, 2007, the following amount, or so
11 32 much thereof as is necessary, to be used for the purposes
11 33 designated:
11 34 For salaries, support, maintenance, and miscellaneous
11 35 purposes for the regulation of pari=mutuel racetracks, and for
12 1 not more than the following full=time equivalent positions:
12 2 .................................................. $ 2,657,394
12 3 ............................................... FTEs 27.53
12 4 2. EXCURSION BOAT REGULATION
12 5 There is appropriated from the general fund of the state to
12 6 the racing and gaming commission of the department of
12 7 inspections and appeals for the fiscal year beginning July 1,
12 8 2006, and ending June 30, 2007, the following amount, or so
12 9 much thereof as is necessary, to be used for the purposes
12 10 designated:
12 11 For salaries, support, maintenance, and miscellaneous
12 12 purposes for administration and enforcement of the excursion
12 13 boat gambling laws, and for not more than the following full=
12 14 time equivalent positions:
12 15 .................................................. $ 3,199,440
12 16 ............................................... FTEs 43.22
12 17 Sec. 14. USE TAX APPROPRIATION. There is appropriated
12 18 from the use tax receipts collected pursuant to sections
12 19 423.26 and 423.27 prior to their deposit in the road use tax
12 20 fund pursuant to section 423.43 to the administrative hearings
12 21 division of the department of inspections and appeals for the
12 22 fiscal year beginning July 1, 2006, and ending June 30, 2007,
12 23 the following amount, or so much thereof as is necessary, for
12 24 the purposes designated:
12 25 For salaries, support, maintenance, and miscellaneous
12 26 purposes:
12 27 .................................................. $ 1,482,436
12 28 Sec. 15. DEPARTMENT OF MANAGEMENT. There is appropriated
12 29 from the general fund of the state to the department of
12 30 management for the fiscal year beginning July 1, 2006, and
12 31 ending June 30, 2007, the following amounts, or so much
12 32 thereof as is necessary, to be used for the purposes
12 33 designated:
12 34 1. GENERAL OFFICE
12 35 For salaries, support, maintenance, and miscellaneous
13 1 purposes, and for not more than the following full=time
13 2 equivalent positions:
13 3 .................................................. $ 2,244,335
13 4 ............................................... FTEs 32.00
13 5 2. ENTERPRISE RESOURCE PLANNING
13 6 If funding is provided for the redesign of the enterprise
13 7 resource planning budget system for the fiscal year beginning
13 8 July 1, 2006, then there is appropriated from the general fund
13 9 of the state to the department of management for the fiscal
13 10 year beginning July 1, 2006, and ending June 30, 2007, the
13 11 following amount, or so much thereof as is necessary, to be
13 12 used for the purposes designated:
13 13 For salaries, support, maintenance, and miscellaneous
13 14 purposes for administration of the enterprise resource
13 15 planning system, and for not more than the following full=time
13 16 equivalent position:
13 17 .................................................. $ 57,435
13 18 ............................................... FTEs 1.00
13 19 3. SALARY MODEL ADMINISTRATOR
13 20 For salaries, support, and miscellaneous purposes of
13 21 the salary model administrator, and for not more than
13 22 the following full=time equivalent position:
13 23 .................................................. $ 127,936
13 24 ............................................... FTEs 1.00
13 25 The salary model administrator shall work in conjunction
13 26 with the legislative services agency to maintain the state's
13 27 salary model used for analyzing, comparing, and projecting
13 28 state employee salary and benefit information, including
13 29 information relating to employees of the state board of
13 30 regents. The department of revenue, the department of
13 31 administrative services, the five institutions under the
13 32 jurisdiction of the state board of regents, the judicial
13 33 district departments of correctional services, and the state
13 34 department of transportation shall provide salary data to the
13 35 department of management and the legislative services agency
14 1 to operate the state's salary model. The format and frequency
14 2 of provision of the salary data shall be determined by the
14 3 department of management and the legislative services agency.
14 4 The information shall be used in collective bargaining
14 5 processes under chapter 20 and in calculating the funding
14 6 needs contained within the annual salary adjustment
14 7 legislation. A state employee organization as defined in
14 8 section 20.3, subsection 4, may request information produced
14 9 by the model, but the information provided shall not contain
14 10 information attributable to individual employees.
14 11 4. For conducting performance audits and developing
14 12 performance measures, including salaries, support,
14 13 maintenance, miscellaneous purposes, and for not more than the
14 14 following full=time equivalent positions:
14 15 .................................................. $ 108,000
14 16 ............................................... FTEs 2.50
14 17 5. For the department's LEAN process, including salaries,
14 18 support, maintenance, miscellaneous purposes, and for not more
14 19 than the following full=time equivalent position:
14 20 .................................................. $ 108,000
14 21 ............................................... FTEs 1.00
14 22 Sec. 16. ROAD USE TAX APPROPRIATION. There is
14 23 appropriated from the road use tax fund to the department of
14 24 management for the fiscal year beginning July 1, 2006, and
14 25 ending June 30, 2007, the following amount, or so much thereof
14 26 as is necessary, to be used for the purposes designated:
14 27 For salaries, support, maintenance, and miscellaneous
14 28 purposes:
14 29 .................................................. $ 56,000
14 30 Sec. 17. DEPARTMENT OF REVENUE. There is appropriated
14 31 from the general fund of the state to the department of
14 32 revenue for the fiscal year beginning July 1, 2006, and ending
14 33 June 30, 2007, the following amounts, or so much thereof as is
14 34 necessary, to be used for the purposes designated:
14 35 For salaries, support, maintenance, and miscellaneous
15 1 purposes, and for not more than the following full=time
15 2 equivalent positions:
15 3 ................................................. $ 23,138,575
15 4 .............................................. FTEs 392.64
15 5 Of the funds appropriated pursuant to this section,
15 6 $400,000 shall be used to pay the direct costs of compliance
15 7 related to the collection and distribution of local sales and
15 8 services taxes imposed pursuant to chapters 423B and 423E.
15 9 The director of revenue shall prepare and issue a state
15 10 appraisal manual and the revisions to the state appraisal
15 11 manual as provided in section 421.17, subsection 17, without
15 12 cost to a city or county.
15 13 The department of revenue shall submit a written report to
15 14 the general assembly by January 1, 2007, concerning the
15 15 department's progress in developing a system to track tax
15 16 credits.
15 17 Sec. 18. MOTOR VEHICLE FUEL TAX APPROPRIATION. There is
15 18 appropriated from the motor fuel tax fund created by section
15 19 452A.77 to the department of revenue for the fiscal year
15 20 beginning July 1, 2006, and ending June 30, 2007, the
15 21 following amount, or so much thereof as is necessary, to be
15 22 used for the purposes designated:
15 23 For salaries, support, maintenance, and miscellaneous
15 24 purposes for administration and enforcement of the provisions
15 25 of chapter 452A and the motor vehicle use tax program:
15 26 .................................................. $ 1,258,042
15 27 Sec. 19. SECRETARY OF STATE. There is appropriated from
15 28 the general fund of the state to the office of the secretary
15 29 of state for the fiscal year beginning July 1, 2006, and
15 30 ending June 30, 2007, the following amounts, or so much
15 31 thereof as is necessary, to be used for the purposes
15 32 designated:
15 33 1. ADMINISTRATION AND ELECTIONS
15 34 For salaries, support, maintenance, and miscellaneous
15 35 purposes, and for not more than the following full=time
16 1 equivalent positions:
16 2 .................................................. $ 707,942
16 3 ............................................... FTEs 10.00
16 4 The state department or state agency which provides data
16 5 processing services to support voter registration file
16 6 maintenance and storage shall provide those services without
16 7 charge.
16 8 2. BUSINESS SERVICES
16 9 For salaries, support, maintenance, and miscellaneous
16 10 purposes, and for not more than the following full=time
16 11 equivalent positions:
16 12 .................................................. $ 2,003,091
16 13 ............................................... FTEs 32.00
16 14 Sec. 20. SECRETARY OF STATE FILING FEES REFUND.
16 15 Notwithstanding the obligation to collect fees pursuant to the
16 16 provisions of section 490.122, subsection 1, paragraphs "a"
16 17 and "s", and section 504.113, subsection 1, paragraphs "a",
16 18 "c", "d", "j", "k", "l", and "m", for the fiscal year
16 19 beginning July 1, 2006, and ending June 30, 2007, the
16 20 secretary of state may refund these fees to the filer pursuant
16 21 to rules established by the secretary of state. The decision
16 22 of the secretary of state not to issue a refund under rules
16 23 established by the secretary of state is final and not subject
16 24 to review pursuant to the provisions of the Iowa
16 25 administrative procedure Act, chapter 17A.
16 26 Sec. 21. TREASURER. There is appropriated from the
16 27 general fund of the state to the office of treasurer of state
16 28 for the fiscal year beginning July 1, 2006, and ending June
16 29 30, 2007, the following amount, or so much thereof as is
16 30 necessary, to be used for the purposes designated:
16 31 For salaries, support, maintenance, and miscellaneous
16 32 purposes, and for not more than the following full=time
16 33 equivalent positions:
16 34 .................................................. $ 922,899
16 35 ............................................... FTEs 28.80
17 1 The office of treasurer of state shall supply clerical and
17 2 secretarial support for the executive council.
17 3 Sec. 22. IPERS == GENERAL OFFICE. There is appropriated
17 4 from the Iowa public employees' retirement system fund to the
17 5 Iowa public employees' retirement system for the fiscal year
17 6 beginning July 1, 2006, and ending June 30, 2007, the
17 7 following amount, or so much thereof as is necessary, to be
17 8 used for the purposes designated:
17 9 For salaries, support, maintenance, and other operational
17 10 purposes to pay the costs of the Iowa public employees'
17 11 retirement system, and for not more than the following full=
17 12 time equivalent positions:
17 13 .................................................. $ 16,756,131
17 14 ............................................... FTEs 95.13
17 15 Sec. 23. TRAVEL POLICY.
17 16 1. For the fiscal year beginning July 1, 2006, each
17 17 department or independent agency receiving an appropriation in
17 18 this Act shall review the employee policy for daily or short=
17 19 term travel including but not limited to the usage of motor
17 20 pool vehicles under the department of administrative services,
17 21 employee mileage reimbursement for the use of a personal
17 22 vehicle, and the usage of private automobile rental companies.
17 23 Following the review, the department or agency shall implement
17 24 revisions in the employee policy for daily or short=term
17 25 travel as necessary to maximize cost savings.
17 26 2. Each department or independent agency subject to
17 27 subsection 1 shall report to the general assembly's standing
17 28 committees on government oversight regarding the policy
17 29 revisions implemented and the savings realized from the
17 30 changes. An initial report shall be submitted on or before
17 31 December 1, 2006, and a follow=up report shall be submitted on
17 32 or before December 1, 2007.
17 33 DIVISION II
17 34 MISCELLANEOUS PROVISIONS
17 35 Sec. 24. Section 421.17, subsection 27, paragraphs a, c,
18 1 d, e, g, and h, Code Supplement 2005, are amended to read as
18 2 follows:
18 3 a. To establish, administer, and make available a
18 4 centralized debt collection capability and procedure for the
18 5 use by any state agency as defined in section 8A.504 or local
18 6 government entity including, but not limited to, the
18 7 department of revenue, along with other boards, commissions,
18 8 departments, and any other entity reported in the Iowa
18 9 comprehensive annual financial report, to collect delinquent
18 10 accounts, charges, fees, loans, taxes, or other indebtedness
18 11 owed to or being collected by the state. The department's
18 12 collection facilities shall only be available for use by other
18 13 state agencies or local government entities for their
18 14 discretionary use when resources are available to the director
18 15 and subject to the director's determination that use of the
18 16 procedure is feasible. The director shall prescribe the
18 17 appropriate form and manner in which this information is to be
18 18 submitted to the office of the department. The obligations or
18 19 indebtedness must be delinquent and not subject to litigation,
18 20 claim, appeal, or review pursuant to the appropriate remedies
18 21 of each state agency or local government entity.
18 22 c. The director shall establish a formal debt collection
18 23 policy for use by state agencies and local government entities
18 24 which have not established their own policy. Other state
18 25 agencies and local government entities may use the collection
18 26 facilities of the department pursuant to formal agreement with
18 27 the department. The agreement shall provide that the
18 28 information provided to the department shall be sufficient to
18 29 establish the obligation in a court of law and to render it as
18 30 a legal judgment on behalf of the state or the local
18 31 government agency. After transferring the file to the
18 32 department for collection, an individual state agency or the
18 33 local government agency shall terminate all collection
18 34 procedures and be available to provide assistance to the
18 35 department. Upon receipt of the file, the department shall
19 1 assume all liability for its actions without recourse to the
19 2 agency or the local government agency, and shall comply with
19 3 all applicable state and federal laws governing collection of
19 4 the debt. The department may use a participating agency's or
19 5 local government agency's statutory collection authority to
19 6 collect the participating agency's delinquent accounts,
19 7 charges, fees, loans, taxes, or other indebtedness owed to or
19 8 being collected by the state. The department has the powers
19 9 granted in this section regarding setoff from income tax
19 10 refunds or other accounts payable by the state for any of the
19 11 obligations transferred by state agencies or local government
19 12 agencies.
19 13 d. The department's existing right to credit against tax
19 14 due shall not be impaired by any right granted to, or duty
19 15 imposed upon, the department or other state agency or local
19 16 government agency by this section.
19 17 e. All state agencies and local government agencies shall
19 18 be given access, at the discretion of the director, to the
19 19 centralized computer data bank and, notwithstanding any other
19 20 provision of law to the contrary, may deny, revoke, or suspend
19 21 any license or deny any renewal authorized by the laws of this
19 22 state to any person who has defaulted on an obligation owed to
19 23 or collected by the state. The confidentiality provisions of
19 24 sections 422.20 and 422.72 do not apply to tax information
19 25 contained in the centralized computer data bank. State
19 26 agencies and local government agencies shall endeavor to
19 27 obtain the applicant's social security or federal tax
19 28 identification number, or state driver's license number from
19 29 all applicants.
19 30 g. The director shall adopt administrative rules to
19 31 implement this section subsection, including, but not limited
19 32 to, rules necessary to prevent conflict with federal laws and
19 33 regulations or the loss of federal funds, to establish
19 34 procedures necessary to guarantee due process of law, and to
19 35 provide for reimbursement of the department by other state
20 1 agencies and local government entities for the department's
20 2 costs related to debt collection for state agencies and local
20 3 government entities.
20 4 h. The director shall report quarterly to the legislative
20 5 fiscal committee, the legislative services agency, and the
20 6 chairpersons and ranking members of the joint administration
20 7 appropriations subcommittee on administration and regulation
20 8 concerning the implementation of the centralized debt
20 9 collection program, the number of departmental collection
20 10 programs initiated, the amount of debts collected, and an
20 11 estimate of future costs and benefits which may be associated
20 12 with the collection program. It is the intent of the general
20 13 assembly that the centralized debt collection program will
20 14 result in the collection of at least two dollars of
20 15 indebtedness for every dollar expended in administering the
20 16 collection program during a fiscal year. It is also the
20 17 intent of the general assembly that the centralized debt
20 18 collection program be administered without the anticipation of
20 19 future additional commitments of computer equipment and
20 20 personnel.
20 21 Sec. 25. Section 421.17, subsection 27, Code Supplement
20 22 2005, is amended by adding the following new paragraph:
20 23 NEW PARAGRAPH. j. There is appropriated from the amount
20 24 of any debt actually collected pursuant to this subsection an
20 25 amount, not to exceed the amount collected, which is
20 26 sufficient to pay for salaries, support, maintenance,
20 27 services, and other costs incurred by the department related
20 28 to the administration of this subsection. The director shall
20 29 report annually to the legislative fiscal committee and the
20 30 legislative services agency on any additional positions added
20 31 and the costs incurred during the previous fiscal year
20 32 pursuant to this subsection.
20 33 Sec. 26. Section 422.26, unnumbered paragraph 6, Code
20 34 2005, is amended to read as follows:
20 35 The department shall pay, from moneys appropriated to the
21 1 department for this purpose, a recording fee as provided in
21 2 section 331.604, for the recording of the lien, or for its
21 3 satisfaction.
21 4 DIVISION III
21 5 REASSIGNMENT OF PROFESSIONAL LICENSING AND REGULATION DIVISION
21 6 Sec. 27. Section 8A.412, subsection 19, Code Supplement
21 7 2005, is amended to read as follows:
21 8 19. The superintendent of the banking division of the
21 9 department of commerce, all members of the state banking
21 10 council, and all employees of the banking division except for
21 11 employees of the professional licensing and regulation bureau
21 12 of the division.
21 13 Sec. 28. Section 524.208, Code 2005, is amended to read as
21 14 follows:
21 15 524.208 EXAMINERS AND OTHER EMPLOYEES.
21 16 The superintendent may appoint examiners and other
21 17 employees as the superintendent deems necessary to the proper
21 18 discharge of the duties imposed upon the superintendent by the
21 19 laws of this state. Pay plans shall be established for
21 20 employees, other than clerical employees or employees of the
21 21 professional licensing and regulation bureau of the banking
21 22 division, who examine the accounts and affairs of state banks
21 23 and who examine the accounts and affairs of other persons,
21 24 subject to supervision and regulation by the superintendent,
21 25 which are substantially equivalent to those paid by the
21 26 federal deposit insurance corporation and other federal
21 27 supervisory agencies in this area of the United States.
21 28 Sec. 29. Section 524.211, subsection 5, Code 2005, is
21 29 amended to read as follows:
21 30 5. An employee of the banking division, other than the
21 31 superintendent or a member of the state banking council or one
21 32 of the boards in the professional licensing and regulation
21 33 bureau of the division, shall not perform any services for,
21 34 and shall not be a shareholder, member, partner, owner,
21 35 director, officer, or employee of, any enterprise, person, or
22 1 affiliate subject to the regulatory purview of the banking
22 2 division.
22 3 Sec. 30. Section 534.401, subsection 1, Code 2005, is
22 4 amended to read as follows:
22 5 1. SUPERINTENDENT OF SAVINGS AND LOAN ASSOCIATIONS. The
22 6 superintendent of savings and loan associations is the
22 7 administrator of professional licensing and regulation
22 8 appointed pursuant to section 546.10, subsection 2, or an
22 9 individual appointed by the administrator as provided in
22 10 section 546.10, subsection 6 superintendent of banking.
22 11 Sec. 31. Section 542.4, subsections 1 and 6, Code 2005,
22 12 are amended to read as follows:
22 13 1. An Iowa accountancy examining board is created within
22 14 the professional licensing and regulation bureau of the
22 15 banking division of the department of commerce to administer
22 16 and enforce this chapter. The board shall consist of eight
22 17 members, appointed by the governor and subject to senate
22 18 confirmation, all of whom shall be residents of this state.
22 19 Five of the eight members shall be holders of certificates
22 20 issued under section 542.6, one member shall be the holder of
22 21 a license issued under section 542.8, and two shall not be
22 22 certified public accountants or licensed public accountants
22 23 and shall represent the general public. At least three of the
22 24 holders of certificates issued under section 542.6 shall also
22 25 be qualified to supervise attest services as provided in
22 26 section 542.7. A certified or licensed member of the board
22 27 shall be actively engaged in practice as a certified public
22 28 accountant or as a licensed public accountant and shall have
22 29 been so engaged for five years preceding appointment, the last
22 30 two of which shall have been in this state. Professional
22 31 associations or societies composed of certified public
22 32 accountants or licensed public accountants may recommend the
22 33 names of potential board members to the governor. However,
22 34 the governor is not bound by the recommendations. A board
22 35 member is not required to be a member of any professional
23 1 association or society composed of certified public
23 2 accountants or licensed public accountants. The term of each
23 3 member of the board shall be three years, as designated by the
23 4 governor, and appointments to the board are subject to the
23 5 requirements of sections 69.16, 69.16A, and 69.19. Members of
23 6 the board appointed and serving pursuant to chapter 542C, Code
23 7 2001, on July 1, 2002, shall serve out the terms for which
23 8 they were appointed. Vacancies occurring during a term shall
23 9 be filled by appointment by the governor for the unexpired
23 10 term. Upon the expiration of the member's term of office, a
23 11 member shall continue to serve until a successor shall have
23 12 been appointed and taken office. The public members of the
23 13 board shall be allowed to participate in administrative,
23 14 clerical, or ministerial functions incident to giving the
23 15 examinations, but shall not determine the content or determine
23 16 the correctness of the answers. The licensed public
23 17 accountant member shall not determine the content of the
23 18 certified public accountant examination or determine the
23 19 correctness of the answers. Any member of the board whose
23 20 certificate under section 542.6 or license under section 542.8
23 21 is revoked or suspended shall automatically cease to be a
23 22 member of the board, and the governor may, after a hearing,
23 23 remove any member of the board for neglect of duty or other
23 24 just cause. A person who has served three successive complete
23 25 terms shall not be eligible for reappointment, but appointment
23 26 to fill an unexpired term shall not be considered a complete
23 27 term for this purpose.
23 28 6. The administrator of the professional licensing and
23 29 regulation bureau of the banking division of the department of
23 30 commerce shall provide staffing assistance to the board for
23 31 implementing this chapter.
23 32 Sec. 32. Section 542B.3, Code 2005, is amended to read as
23 33 follows:
23 34 542B.3 ENGINEERING AND LAND SURVEYING EXAMINING BOARD
23 35 CREATED.
24 1 An engineering and land surveying examining board is
24 2 created within the professional licensing and regulation
24 3 bureau of the banking division of the department of commerce.
24 4 The board consists of four members who are licensed
24 5 professional engineers, one member who is a licensed land
24 6 surveyor or a professional engineer who is also a licensed
24 7 land surveyor, and two members who are not licensed
24 8 professional engineers or land surveyors and who shall
24 9 represent the general public. Members shall be appointed by
24 10 the governor subject to confirmation by the senate. A
24 11 licensed member shall be actively engaged in the practice of
24 12 engineering or land surveying and shall have been so engaged
24 13 for five years preceding the appointment, the last two of
24 14 which shall have been in Iowa. Insofar as practicable,
24 15 licensed engineer members of the board shall be from different
24 16 branches of the profession of engineering. Professional
24 17 associations or societies composed of licensed engineers or
24 18 licensed land surveyors may recommend the names of potential
24 19 board members whose profession is representative of that
24 20 association or society to the governor. However, the governor
24 21 is not bound by the recommendations. A board member shall not
24 22 be required to be a member of any professional association or
24 23 society composed of professional engineers or land surveyors.
24 24 Sec. 33. Section 542B.9, Code 2005, is amended to read as
24 25 follows:
24 26 542B.9 ORGANIZATION OF THE BOARD == STAFF.
24 27 The board shall elect annually from its members a
24 28 chairperson and a vice chairperson. The administrator of the
24 29 professional licensing and regulation bureau of the banking
24 30 division of the department of commerce shall hire and provide
24 31 staff to assist the board in implementing this chapter. The
24 32 board shall hold at least one meeting at the location of the
24 33 board's principal office, and meetings shall be called at
24 34 other times by the administrator at the request of the
24 35 chairperson or four members of the board. At any meeting of
25 1 the board, a majority of members constitutes a quorum.
25 2 Sec. 34. Section 543B.8, Code Supplement 2005, is amended
25 3 to read as follows:
25 4 543B.8 REAL ESTATE COMMISSION CREATED == STAFF.
25 5 A real estate commission is created within the professional
25 6 licensing and regulation bureau of the banking division of the
25 7 department of commerce. The commission consists of five
25 8 members licensed under this chapter and two members not
25 9 licensed under this chapter and who shall represent the
25 10 general public. At least one of the licensed members shall be
25 11 a licensed real estate salesperson, except that if the
25 12 licensed real estate salesperson becomes a licensed real
25 13 estate broker during a term of office, that person may
25 14 complete the term, but is not eligible for reappointment on
25 15 the commission as a licensed real estate salesperson. A
25 16 licensed member shall be actively engaged in the real estate
25 17 business and shall have been so engaged for five years
25 18 preceding the appointment, the last two of which shall have
25 19 been in Iowa. Professional associations or societies of real
25 20 estate brokers or real estate salespersons may recommend the
25 21 names of potential commission members to the governor.
25 22 However, the governor is not bound by their recommendations.
25 23 A commission member shall not be required to be a member of
25 24 any professional association or society composed of real
25 25 estate brokers or salespersons. Commission members shall be
25 26 appointed by the governor subject to confirmation by the
25 27 senate. Appointments shall be for three=year terms and shall
25 28 commence and end as provided in section 69.19. A member shall
25 29 serve no more than three terms or nine years, whichever is
25 30 less. No more than one member shall be appointed from a
25 31 county. A commission member shall not hold any other elective
25 32 or appointive state or federal office. Vacancies shall be
25 33 filled for the unexpired term by appointment of the governor
25 34 and are subject to senate confirmation. A majority of the
25 35 commission members constitutes a quorum. The administrator of
26 1 the professional licensing and regulation bureau of the
26 2 banking division shall hire and provide staff to assist the
26 3 commission with implementing this chapter.
26 4 The administrator of the professional licensing and
26 5 regulation bureau of the banking division of the department of
26 6 commerce shall hire a real estate education director to assist
26 7 the commission in administering education programs for the
26 8 commission.
26 9 Sec. 35. Section 543B.54, Code 2005, is amended to read as
26 10 follows:
26 11 543B.54 REAL ESTATE EDUCATION FUND.
26 12 The Iowa real estate education fund is created as a
26 13 financial assurance mechanism to assist in the establishment
26 14 and maintenance of a real estate education program at the
26 15 university of northern Iowa and to assist the real estate
26 16 commission in providing an education director. The fund is
26 17 created as a separate fund in the state treasury, and any
26 18 funds remaining in the fund at the end of each fiscal year
26 19 shall not revert to the general fund, but shall remain in the
26 20 Iowa real estate education fund. Twenty=five dollars per
26 21 license from fees deposited for each real estate salesperson's
26 22 license and each broker's license shall be distributed and are
26 23 appropriated to the board of regents for the purpose of
26 24 establishing and maintaining a real estate education program
26 25 at the university of northern Iowa. The remaining moneys in
26 26 the fund shall be distributed and are appropriated to the
26 27 professional licensing and regulation bureau of the banking
26 28 division of the department of commerce for the purpose of
26 29 hiring and compensating a real estate education director and
26 30 regulatory compliance personnel.
26 31 Sec. 36. Section 543D.4, unnumbered paragraph 1, Code
26 32 2005, is amended to read as follows:
26 33 A real estate appraiser examining board is established
26 34 within the professional licensing and regulation bureau of the
26 35 banking division of the department of commerce. The board
27 1 consists of seven members, two of whom shall be public members
27 2 and five of whom shall be real estate appraisers.
27 3 Sec. 37. Section 544A.1, unnumbered paragraph 2, Code
27 4 2005, is amended to read as follows:
27 5 The architectural examining board is created within the
27 6 professional licensing and regulation bureau of the banking
27 7 division of the department of commerce. The board consists of
27 8 five members who possess a certificate of registration issued
27 9 under section 544A.9 and who have been in active practice of
27 10 architecture for not less than five years, the last two of
27 11 which shall have been in Iowa, and two members who do not
27 12 possess a certificate of registration issued under section
27 13 544A.9 and who shall represent the general public. Members
27 14 shall be appointed by the governor subject to confirmation by
27 15 the senate.
27 16 Sec. 38. Section 544A.5, Code 2005, is amended to read as
27 17 follows:
27 18 544A.5 DUTIES.
27 19 The architectural examining board shall enforce this
27 20 chapter, shall make rules for the examination of applicants
27 21 for the certificate of registration provided by this chapter,
27 22 and shall, after due public notice, hold meetings each year
27 23 for the purpose of examining applicants for registration and
27 24 the transaction of business pertaining to the affairs of the
27 25 board. Examinations shall be given as often as deemed
27 26 necessary, but not less than annually. Action at a meeting
27 27 shall not be taken without the affirmative votes of a majority
27 28 of the members of the board. The administrator of the
27 29 professional licensing and regulation bureau of the banking
27 30 division of the department of commerce shall hire and provide
27 31 staff to assist the board with implementing this chapter.
27 32 Sec. 39. Section 544B.3, unnumbered paragraph 1, Code
27 33 2005, is amended to read as follows:
27 34 A landscape architectural examining board is created within
27 35 the professional licensing and regulation bureau of the
28 1 banking division of the department of commerce. The board
28 2 consists of five members who are professional landscape
28 3 architects and two members who are not professional landscape
28 4 architects and who shall represent the general public.
28 5 Members shall be appointed by the governor, subject to
28 6 confirmation by the senate. A professional member shall be
28 7 actively engaged in the practice of landscape architecture or
28 8 the teaching of landscape architecture in an accredited
28 9 college or university, and shall have been so engaged for five
28 10 years preceding appointment, the last two of which shall have
28 11 been in Iowa. Associations or societies composed of
28 12 professional landscape architects may recommend the names of
28 13 potential board members to the governor. However, the
28 14 governor is not bound by the recommendations. A board member
28 15 shall not be required to be a member of any professional
28 16 association or society composed of professional landscape
28 17 architects.
28 18 Sec. 40. Section 544B.5, Code 2005, is amended to read as
28 19 follows:
28 20 544B.5 DUTIES.
28 21 The board shall enforce this chapter, shall make rules for
28 22 the examination of applicants for licensure, and, after public
28 23 notice, shall conduct examinations of applicants for
28 24 licensure. The board shall keep a record of its proceedings.
28 25 The board shall adopt an official seal which shall be affixed
28 26 to all certificates of licensure granted. The board may make
28 27 other rules, not inconsistent with law, as necessary for the
28 28 proper performance of its duties. The board shall maintain a
28 29 roster showing the name, place of business, and residence, and
28 30 the date and number of the certificate of licensure of every
28 31 professional landscape architect in this state. The
28 32 administrator of the professional licensing and regulation
28 33 bureau of the banking division of the department of commerce
28 34 shall hire and provide staff to assist the board in
28 35 implementing this chapter.
29 1 Sec. 41. Section 544C.1, subsection 2, Code Supplement
29 2 2005, is amended to read as follows:
29 3 2. "Division" "Bureau" means the professional licensing
29 4 and regulation bureau of the banking division of the
29 5 department of commerce.
29 6 Sec. 42. Section 544C.2, subsection 1, Code Supplement
29 7 2005, is amended to read as follows:
29 8 1. An interior design examining board is established
29 9 within the division bureau. The board consists of seven
29 10 members: five members who are interior designers who are
29 11 registered under this chapter and who have been in the active
29 12 practice of interior design for not less than five years, the
29 13 last two of which shall have been in Iowa; and two members who
29 14 are not registered under this chapter and who shall represent
29 15 the general public. Members shall be appointed by the
29 16 governor subject to confirmation by the senate.
29 17 Sec. 43. Section 544C.3, unnumbered paragraph 2, Code
29 18 Supplement 2005, is amended to read as follows:
29 19 The administrator of the division bureau shall provide
29 20 staff to assist the board in the implementation of this
29 21 chapter.
29 22 Sec. 44. Section 544C.5, unnumbered paragraph 1, Code
29 23 Supplement 2005, is amended to read as follows:
29 24 Each applicant for registration must meet the interior
29 25 design education and practical training requirements adopted
29 26 by rule by the board, and have passed an examination
29 27 prescribed by the board that is task=oriented, focused on
29 28 public safety, and validated by a recognized testing agency.
29 29 The division bureau shall register an individual who submits
29 30 an application to the board on the form and in the manner
29 31 prescribed by the board as a registered interior designer if
29 32 the individual satisfies the following requirements:
29 33 Sec. 45. Section 546.2, subsection 3, paragraph g, Code
29 34 2005, is amended by striking the paragraph.
29 35 Sec. 46. Section 546.3, Code 2005, is amended to read as
30 1 follows:
30 2 546.3 BANKING DIVISION.
30 3 1. The banking division shall regulate and supervise banks
30 4 under chapter 524, debt management licensees under chapter
30 5 533A, money services under chapter 533C, delayed deposit
30 6 services under chapter 533D, mortgage bankers and brokers
30 7 under chapter 535B, regulated loan companies under chapter
30 8 536, and industrial loan companies under chapter 536A, and
30 9 shall perform other duties assigned to the division by law.
30 10 The division is headed by the superintendent of banking who is
30 11 appointed pursuant to section 524.201. The state banking
30 12 council shall render advice within the division when requested
30 13 by the superintendent.
30 14 2. The banking division shall administer and manage the
30 15 professional licensing and regulation bureau within the
30 16 division. The division shall separately account for funds of
30 17 the bureau. However, the division may allocate costs for
30 18 administrative, technical, support, and other shared services
30 19 across the entire division.
30 20 Sec. 47. Section 546.5, Code 2005, is amended to read as
30 21 follows:
30 22 546.5 SAVINGS AND LOAN DIVISION.
30 23 The savings and loan division shall regulate and supervise
30 24 savings and loan associations and savings banks under chapter
30 25 534. The division is headed by the superintendent of savings
30 26 and loan associations who shall be appointed pursuant to
30 27 section 534.401 the superintendent of banking.
30 28 Sec. 48. Section 546.10, Code Supplement 2005, is amended
30 29 to read as follows:
30 30 546.10 PROFESSIONAL LICENSING AND REGULATION DIVISION
30 31 BUREAU == SUPERINTENDENT OF SAVINGS AND LOAN ASSOCIATIONS.
30 32 1. The professional licensing and regulation bureau of the
30 33 banking division shall administer and coordinate the licensing
30 34 and regulation of several professions by bringing together the
30 35 following licensing boards:
31 1 a. The engineering and land surveying examining board
31 2 created pursuant to chapter 542B.
31 3 b. The Iowa accountancy examining board created pursuant
31 4 to chapter 542.
31 5 c. The real estate commission created pursuant to chapter
31 6 543B.
31 7 d. The architectural examining board created pursuant to
31 8 chapter 544A.
31 9 e. The landscape architectural examining board created
31 10 pursuant to chapter 544B.
31 11 f. The real estate appraiser examining board created
31 12 pursuant to section 543D.4.
31 13 g. The interior design examining board created pursuant to
31 14 chapter 544C.
31 15 2. The division bureau is headed by the administrator of
31 16 professional licensing and regulation who shall be appointed
31 17 by the governor subject to confirmation by the senate and
31 18 shall serve a four=year term that begins and ends as provided
31 19 in section 69.19 the superintendent of banking. A vacancy
31 20 shall be filled for the unexpired portion of the term in the
31 21 same manner as a full=term appointment is made. The
31 22 administrator shall appoint and supervise staff and shall
31 23 coordinate activities for the licensing boards within the
31 24 division bureau. The administrator shall act as a staff
31 25 person to one or more of the licensing boards.
31 26 3. The licensing and regulation examining boards included
31 27 in the division bureau pursuant to subsection 1 retain the
31 28 powers granted them pursuant to the chapters in which they are
31 29 created, except for budgetary and personnel matters which
31 30 shall be handled by the administrator. Each licensing board
31 31 shall adopt rules pursuant to chapter 17A. Decisions by a
31 32 licensing board are final agency actions for purposes of
31 33 chapter 17A.
31 34 Notwithstanding subsection 5, eighty=five percent of the
31 35 funds received annually resulting from an increase in
32 1 licensing fees implemented on or after April 1, 2002, by a
32 2 licensing board or commission listed in subsection 1, is
32 3 appropriated to the professional licensing and regulation
32 4 division bureau to be allocated to the board or commission for
32 5 the fiscal year beginning July 1, 2002, and succeeding fiscal
32 6 years, for purposes related to the duties of the board or
32 7 commission, including but not limited to additional full=time
32 8 equivalent positions. The director of the department of
32 9 administrative services shall draw warrants upon the treasurer
32 10 of state from the funds appropriated as provided in this
32 11 section and shall make the funds available to the professional
32 12 licensing division and regulation bureau on a monthly basis
32 13 during each fiscal year.
32 14 4. The professional licensing and regulation bureau of the
32 15 banking division of the department of commerce may expend
32 16 additional funds, including funds for additional personnel, if
32 17 those additional expenditures are directly the cause of actual
32 18 examination expenses exceeding funds budgeted for
32 19 examinations. Before the division bureau expends or encumbers
32 20 an amount in excess of the funds budgeted for examinations,
32 21 the director of the department of management shall approve the
32 22 expenditure or encumbrance. Before approval is given, the
32 23 director of the department of management shall determine that
32 24 the examination expenses exceed the funds budgeted by the
32 25 general assembly to the division bureau and the division
32 26 bureau does not have other funds from which the expenses can
32 27 be paid. Upon approval of the director of the department of
32 28 management, the division bureau may expend and encumber funds
32 29 for excess examination expenses. The amounts necessary to
32 30 fund the examination expenses shall be collected as fees from
32 31 additional examination applicants and shall be treated as
32 32 repayment receipts as defined in section 8.2, subsection 8.
32 33 5. Fees collected under chapters 542, 542B, 543B, 543D,
32 34 544A, and 544B, and 544C shall be paid to the treasurer of
32 35 state and credited to the general fund of the state. All
33 1 expenses required in the discharge of the duties and
33 2 responsibilities imposed upon the professional licensing and
33 3 regulation bureau of the banking division of the department of
33 4 commerce, the administrator, and the licensing boards by the
33 5 laws of this state shall be paid from moneys appropriated by
33 6 the general assembly for those purposes. All fees deposited
33 7 into the general fund of the state, as provided in this
33 8 subsection, shall be subject to the requirements of section
33 9 8.60.
33 10 6. The administrator of professional licensing and
33 11 regulation is the superintendent of savings and loan
33 12 associations. The administrator may appoint an individual to
33 13 act as the superintendent who shall serve as the
33 14 superintendent at the pleasure of the administrator.
33 15 EXPLANATION
33 16 Division I of this bill relates to and appropriates moneys
33 17 to various state departments, agencies, and funds for the
33 18 fiscal year beginning July 1, 2006, and ending June 30, 2007.
33 19 The division makes appropriations to state departments and
33 20 agencies including the department of administrative services,
33 21 auditor of state, Iowa ethics and campaign disclosure board,
33 22 department of commerce, office of governor including the
33 23 lieutenant governor, Terrace Hill quarters and drug control
33 24 policy office, department of human rights, department of
33 25 inspections and appeals, department of management, Iowa public
33 26 employees' retirement system, secretary of state, treasurer of
33 27 state, and department of revenue. The division also
33 28 appropriates funding for the state's membership in the
33 29 national governors association. Finally, the division
33 30 includes a directive for the departments and independent
33 31 agencies receiving an appropriation in the bill to review
33 32 employee policy for daily or short=term travel and to
33 33 implement policy revisions to maximize cost savings. The
33 34 directive includes requirements for reporting to the
33 35 committees on government oversight.
34 1 Division II makes changes to statutory provisions related
34 2 to the appropriations made in the bill.
34 3 Code section 421.17, subsection 27, concerning debt
34 4 collection by the department of revenue for state agencies, is
34 5 amended to permit other state agencies and local governments
34 6 to utilize the centralized debt collection facility. A
34 7 standing appropriation is made from the collections generated
34 8 to allow the department of revenue to be able to recoup its
34 9 costs. The department's costs may include upgrades to
34 10 computer systems and adding additional personnel.
34 11 Code section 422.26, concerning tax liens, is amended to
34 12 provide that the department of revenue is required to pay the
34 13 recording fee for the lien whether moneys are appropriated to
34 14 the department for that purpose or not.
34 15 Division III of the bill eliminates the professional
34 16 licensing and regulation division within the department of
34 17 commerce and reassigns it as a bureau of the banking division.
34 18 The superintendent of banking is made the administrator of the
34 19 professional licensing and regulation bureau established by
34 20 the bill and is also made the superintendent of savings and
34 21 loan associations.
34 22 The bill provides that the banking division shall
34 23 administer and manage the new professional licensing and
34 24 regulation bureau but shall separately account for funds of
34 25 the bureau. The bill does allow the division to allocate the
34 26 costs of providing administrative support to the bureau across
34 27 the banking division.
34 28 LSB 5189HB 81
34 29 ec:mg/je/5