House File 2521 - Reprinted



                                   HOUSE FILE       
                                   BY  COMMITTEE ON APPROPRIATIONS

                                   (SUCCESSOR TO HSB 708)


    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 and providing an effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5189HV 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    It is the intent of the general assembly that the
  1 18 department shall reduce utility costs through energy
  1 19 conservation practices.  The goal of the general assembly is
  1 20 to reduce energy use by ten percent to save money, conserve
  1 21 energy resources, and reduce pollution.
  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.  DEPARTMENTAL START=UP FUNDING == REVOLVING FUNDS.
  2  4    1.  In addition to the amount appropriated to the
  2  5 department of administrative services in section 1, subsection
  2  6 1 of this Act, the department is authorized to expend an
  2  7 additional amount not to exceed $359,560 per fiscal year for
  2  8 the purposes of the department for the fiscal period
  2  9 commencing July 1, 2006, and ending June 30, 2010, and an
  2 10 additional amount not to exceed $91,810 for the fiscal year
  2 11 commencing July 1, 2010.  Such amounts shall be expended from
  2 12 general fund moneys deposited in revolving funds under the
  2 13 control of the department that were appropriated to the
  2 14 department pursuant to 2004 Iowa Acts, chapter 1175, section
  2 15 2.
  2 16    2.  Amounts expended pursuant to this section shall be
  2 17 considered repayment amounts to the general fund and shall
  2 18 reduce the total amount to be repaid to the general fund until
  2 19 such time as the total amount of the general fund moneys
  2 20 deposited in revolving funds under the control of the
  2 21 department that were appropriated to the department pursuant
  2 22 to 2004 Iowa Acts, chapter 1175, section 2, are repaid.
  2 23    Sec. 3.  REVOLVING FUNDS.  There is appropriated to the
  2 24 department of administrative services for the fiscal year
  2 25 beginning July 1, 2006, and ending June 30, 2007, from the
  2 26 revolving funds designated in chapter 8A and from internal
  2 27 service funds created by the department, such amounts as the
  2 28 department deems necessary for the operation of the department
  2 29 consistent with the requirements of chapter 8A.
  2 30    Sec. 4.  FUNDING FOR IOWACCESS.
  2 31    1.  Notwithstanding section 321A.3, subsection 1, for the
  2 32 fiscal year beginning July 1, 2006, and ending June 30, 2007,
  2 33 the first $1,000,000 collected and transferred by the
  2 34 department of transportation to the treasurer of state with
  2 35 respect to the fees for transactions involving the furnishing
  3  1 of a certified abstract of a vehicle operating record under
  3  2 section 321A.3, subsection 1, shall be transferred to the
  3  3 IowAccess revolving fund established by section 8A.224 and
  3  4 administered by the department of administrative services for
  3  5 the purposes of developing, implementing, maintaining, and
  3  6 expanding electronic access to government records as provided
  3  7 by law.
  3  8    2.  All fees collected with respect to transactions
  3  9 involving IowAccess shall be deposited in the IowAccess
  3 10 revolving fund and shall be used only for the support of
  3 11 IowAccess projects.
  3 12    Sec. 5.  STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION
  3 13 CHARGE.  For the fiscal year beginning July 1, 2006, and
  3 14 ending June 30, 2007, the monthly per contract administrative
  3 15 charge which may be assessed by the department of
  3 16 administrative services shall be $2.00 per contract on all
  3 17 health insurance plans administered by the department.
  3 18    Sec. 6.  AUDITOR OF STATE.  There is appropriated from the
  3 19 general fund of the state to the office of the auditor of
  3 20 state for the fiscal year beginning July 1, 2006, and ending
  3 21 June 30, 2007, the following amount, or so much thereof as is
  3 22 necessary, to be used for the purposes designated:
  3 23    For salaries, support, maintenance, and miscellaneous
  3 24 purposes, and for not more than the following full=time
  3 25 equivalent positions:
  3 26 .................................................. $  1,207,341
  3 27 ............................................... FTEs     102.50
  3 28    The auditor of state may retain additional full=time
  3 29 equivalent positions as is reasonable and necessary to perform
  3 30 governmental subdivision audits which are reimbursable
  3 31 pursuant to section 11.20 or 11.21, to perform audits which
  3 32 are requested by and reimbursable from the federal government,
  3 33 and to perform work requested by and reimbursable from
  3 34 departments or agencies pursuant to section 11.5A or 11.5B.
  3 35 The auditor of state shall notify the department of
  4  1 management, the legislative fiscal committee, and the
  4  2 legislative services agency of the additional full=time
  4  3 equivalent positions retained.
  4  4    Sec. 7.  IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD.  There
  4  5 is appropriated from the general fund of the state to the Iowa
  4  6 ethics and campaign disclosure board for the fiscal year
  4  7 beginning July 1, 2006, and ending June 30, 2007, the
  4  8 following amount, or so much thereof as is necessary, for the
  4  9 purposes designated:
  4 10    For salaries, support, maintenance, and miscellaneous
  4 11 purposes, and for not more than the following full=time
  4 12 equivalent positions:
  4 13 .................................................. $    497,056
  4 14 ............................................... FTEs       6.00
  4 15    Sec. 8.  DEPARTMENT OF COMMERCE.  There is appropriated
  4 16 from the general fund of the state to the department of
  4 17 commerce for the fiscal year beginning July 1, 2006, and
  4 18 ending June 30, 2007, the following amounts, or so much
  4 19 thereof as is necessary, for the purposes designated:
  4 20    1.  ALCOHOLIC BEVERAGES DIVISION
  4 21    For salaries, support, maintenance, and miscellaneous
  4 22 purposes, and for not more than the following full=time
  4 23 equivalent positions:
  4 24 .................................................. $  1,930,962
  4 25 ............................................... FTEs      36.00
  4 26    2.  BANKING DIVISION
  4 27    For salaries, support, maintenance, and miscellaneous
  4 28 purposes, and for not more than the following full=time
  4 29 equivalent positions:
  4 30 .................................................. $  7,222,008
  4 31 ............................................... FTEs      71.00
  4 32    3.  CREDIT UNION DIVISION
  4 33    For salaries, support, maintenance, and miscellaneous
  4 34 purposes, and for not more than the following full=time
  4 35 equivalent positions:
  5  1 .................................................. $  1,455,874
  5  2 ............................................... FTEs      18.00
  5  3    4.  INSURANCE DIVISION
  5  4    a.  For salaries, support, maintenance, and miscellaneous
  5  5 purposes, and for not more than the following full=time
  5  6 equivalent positions:
  5  7 .................................................. $  4,517,481
  5  8 ............................................... FTEs     101.00
  5  9    b.  The insurance division may reallocate authorized full=
  5 10 time equivalent positions as necessary to respond to
  5 11 accreditation recommendations or requirements.  The insurance
  5 12 division expenditures for examination purposes may exceed the
  5 13 projected receipts, refunds, and reimbursements, estimated
  5 14 pursuant to section 505.7, subsection 7, including the
  5 15 expenditures for retention of additional personnel, if the
  5 16 expenditures are fully reimbursable and the division first
  5 17 does both of the following:
  5 18    (1)  Notifies the department of management, the legislative
  5 19 services agency, and the legislative fiscal committee of the
  5 20 need for the expenditures.
  5 21    (2)  Files with each of the entities named in subparagraph
  5 22 (1) the legislative and regulatory justification for the
  5 23 expenditures, along with an estimate of the expenditures.
  5 24    c.  The insurance division shall allocate $10,000 from the
  5 25 examination receipts for the payment of its fees to the
  5 26 national council of insurance legislators.
  5 27    5.  PROFESSIONAL LICENSING AND REGULATION BUREAU
  5 28    For salaries, support, maintenance, and miscellaneous
  5 29 purposes, and for not more than the following full=time
  5 30 equivalent positions:
  5 31 .................................................. $    793,462
  5 32 ............................................... FTEs      13.50
  5 33    6.  UTILITIES DIVISION
  5 34    a.  For salaries, support, maintenance, and miscellaneous
  5 35 purposes, and for not more than the following full=time
  6  1 equivalent positions:
  6  2 .................................................. $  7,230,820
  6  3 ............................................... FTEs      79.00
  6  4    b.  The utilities division may expend additional funds,
  6  5 including funds for additional personnel, if those additional
  6  6 expenditures are actual expenses which exceed the funds
  6  7 budgeted for utility regulation and the expenditures are fully
  6  8 reimbursable.  Before the division expends or encumbers an
  6  9 amount in excess of the funds budgeted for regulation, the
  6 10 division shall first do both of the following:
  6 11    (1)  Notify the department of management, the legislative
  6 12 services agency, and the legislative fiscal committee of the
  6 13 need for the expenditures.
  6 14    (2)  File with each of the entities named in subparagraph
  6 15 (1) the legislative and regulatory justification for the
  6 16 expenditures, along with an estimate of the expenditures.
  6 17    7.  CHARGES == TRAVEL.  Each division and the office of
  6 18 consumer advocate shall include in its charges assessed or
  6 19 revenues generated, an amount sufficient to cover the amount
  6 20 stated in its appropriation, and any state=assessed indirect
  6 21 costs determined by the department of administrative services.
  6 22 The director of the department of commerce shall review on a
  6 23 quarterly basis all out=of=state travel for the previous
  6 24 quarter for officers and employees of each division of the
  6 25 department if the travel is not already authorized by the
  6 26 executive council.
  6 27    Sec. 9.  DEPARTMENT OF COMMERCE == PROFESSIONAL LICENSING
  6 28 AND REGULATION.  There is appropriated from the housing
  6 29 improvement fund of the Iowa department of economic
  6 30 development to the bureau of professional licensing and
  6 31 regulation of the banking division of the department of
  6 32 commerce for the fiscal year beginning July 1, 2006, and
  6 33 ending June 30, 2007, the following amount, or so much thereof
  6 34 as is necessary, to be used for the purposes designated:
  6 35    For salaries, support, maintenance, and miscellaneous
  7  1 purposes:
  7  2 .................................................. $     62,317
  7  3    Sec. 10.  GOVERNOR AND LIEUTENANT GOVERNOR.  There is
  7  4 appropriated from the general fund of the state to the offices
  7  5 of the governor and the lieutenant governor for the fiscal
  7  6 year beginning July 1, 2006, and ending June 30, 2007, the
  7  7 following amounts, or so much thereof as is necessary, to be
  7  8 used for the purposes designated:
  7  9    1.  GENERAL OFFICE
  7 10    For salaries, support, maintenance, and miscellaneous
  7 11 purposes for the general office of the governor and the
  7 12 general office of the lieutenant governor, and for not more
  7 13 than the following full=time equivalent positions:
  7 14 .................................................. $  1,823,111
  7 15 ............................................... FTEs      19.25
  7 16    2.  TERRACE HILL QUARTERS
  7 17    For salaries, support, maintenance, and miscellaneous
  7 18 purposes for the governor's quarters at Terrace Hill, and for
  7 19 not more than the following full=time equivalent positions:
  7 20 .................................................. $    378,633
  7 21 ............................................... FTEs       8.00
  7 22    3.  ADMINISTRATIVE RULES COORDINATOR
  7 23    For salaries, support, maintenance, and miscellaneous
  7 24 purposes for the office of administrative rules coordinator,
  7 25 and for not more than the following full=time equivalent
  7 26 positions:
  7 27 .................................................. $    150,013
  7 28 ............................................... FTEs       3.00
  7 29    4.  NATIONAL GOVERNORS ASSOCIATION
  7 30    For payment of Iowa's membership in the national governors
  7 31 association:
  7 32 .................................................. $     64,393
  7 33    5.  STATE=FEDERAL RELATIONS
  7 34    For salaries, support, maintenance, and miscellaneous
  7 35 purposes, and for not more than the following full=time
  8  1 equivalent positions:
  8  2 .................................................. $    115,748
  8  3 ............................................... FTEs       2.00
  8  4    Sec. 11.  GOVERNOR'S OFFICE OF DRUG CONTROL POLICY.
  8  5    1.  There is appropriated from the general fund of the
  8  6 state to the governor's office of drug control policy for the
  8  7 fiscal year beginning July 1, 2006, and ending June 30, 2007,
  8  8 the following amount, or so much thereof as is necessary, to
  8  9 be used for the purposes designated:
  8 10    For salaries, support, maintenance, and miscellaneous
  8 11 purposes, including statewide coordination of the drug abuse
  8 12 resistance education (D.A.R.E.) programs or similar programs,
  8 13 and for not more than the following full=time equivalent
  8 14 positions:
  8 15 .................................................. $    307,730
  8 16 ............................................... FTEs       8.00
  8 17    2.  The governor's office of drug control policy, in
  8 18 consultation with the Iowa department of public health, and
  8 19 after discussion and collaboration with all interested
  8 20 agencies, shall coordinate substance abuse treatment and
  8 21 prevention efforts in order to avoid duplication of services.
  8 22    Sec. 12.  DEPARTMENT OF HUMAN RIGHTS.  There is
  8 23 appropriated from the general fund of the state to the
  8 24 department of human rights for the fiscal year beginning July
  8 25 1, 2006, and ending June 30, 2007, the following amounts, or
  8 26 so much thereof as is necessary, to be used for the purposes
  8 27 designated:
  8 28    1.  CENTRAL ADMINISTRATION DIVISION
  8 29    For salaries, support, maintenance, and miscellaneous
  8 30 purposes, and for not more than the following full=time
  8 31 equivalent positions:
  8 32 .................................................. $    317,028
  8 33 ............................................... FTEs       7.00
  8 34    2.  DEAF SERVICES DIVISION
  8 35    For salaries, support, maintenance, and miscellaneous
  9  1 purposes, and for not more than the following full=time
  9  2 equivalent positions:
  9  3 .................................................. $    374,367
  9  4 ............................................... FTEs       6.00
  9  5    The fees collected by the division for provision of
  9  6 interpretation services by the division to obligated agencies
  9  7 shall be disbursed pursuant to the provisions of section 8.32,
  9  8 and shall be dedicated and used by the division for continued
  9  9 and expanded interpretation services.
  9 10    3.  STATUS OF IOWANS OF ASIAN AND PACIFIC ISLANDER HERITAGE
  9 11 DIVISION
  9 12    For support, maintenance, and miscellaneous purposes:
  9 13 .................................................. $      6,000
  9 14    4.  PERSONS WITH DISABILITIES DIVISION
  9 15    For salaries, support, maintenance, and miscellaneous
  9 16 purposes, and for not more than the following full=time
  9 17 equivalent positions:
  9 18 .................................................. $    193,531
  9 19 ............................................... FTEs       3.20
  9 20    5.  LATINO AFFAIRS DIVISION
  9 21    For salaries, support, maintenance, and miscellaneous
  9 22 purposes, and for not more than the following full=time
  9 23 equivalent positions:
  9 24 .................................................. $    170,749
  9 25 ............................................... FTEs       3.00
  9 26    6.  STATUS OF WOMEN DIVISION
  9 27    For salaries, support, maintenance, and miscellaneous
  9 28 purposes, including the Iowans in transition program, and the
  9 29 domestic violence and sexual assault=related grants, and for
  9 30 not more than the following full=time equivalent positions:
  9 31 .................................................. $    335,501
  9 32 ............................................... FTEs       3.00
  9 33    7.  STATUS OF AFRICAN=AMERICANS DIVISION
  9 34    For salaries, support, maintenance, and miscellaneous
  9 35 purposes, and for not more than the following full=time
 10  1 equivalent positions:
 10  2 .................................................. $    121,655
 10  3 ............................................... FTEs       2.00
 10  4    8.  CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION
 10  5    For salaries, support, maintenance, and miscellaneous
 10  6 purposes, and for not more than the following full=time
 10  7 equivalent positions:
 10  8 .................................................. $  1,098,026
 10  9 ............................................... FTEs      12.18
 10 10    The criminal and juvenile justice planning advisory council
 10 11 and the juvenile justice advisory council shall coordinate
 10 12 their efforts in carrying out their respective duties relative
 10 13 to juvenile justice.
 10 14    9.  SHARED STAFF.  The divisions of the department of human
 10 15 rights shall retain their individual administrators, but shall
 10 16 share staff to the greatest extent possible.
 10 17    Sec. 13.  DEPARTMENT OF INSPECTIONS AND APPEALS.  There is
 10 18 appropriated from the general fund of the state to the
 10 19 department of inspections and appeals for the fiscal year
 10 20 beginning July 1, 2006, and ending June 30, 2007, the
 10 21 following amounts, or so much thereof as is necessary, for the
 10 22 purposes designated:
 10 23    1.  ADMINISTRATION DIVISION
 10 24    For salaries, support, maintenance, and miscellaneous
 10 25 purposes, and for not more than the following full=time
 10 26 equivalent positions:
 10 27 .................................................. $  1,657,318
 10 28 ............................................... FTEs      33.25
 10 29    2.  ADMINISTRATIVE HEARINGS DIVISION
 10 30    For salaries, support, maintenance, and miscellaneous
 10 31 purposes, and for not more than the following full=time
 10 32 equivalent positions:
 10 33 .................................................. $    634,647
 10 34 ............................................... FTEs      23.00
 10 35    3.  INVESTIGATIONS DIVISION
 11  1    For salaries, support, maintenance, and miscellaneous
 11  2 purposes, and for not more than the following full=time
 11  3 equivalent positions:
 11  4 .................................................. $  1,484,421
 11  5 ............................................... FTEs      45.00
 11  6    4.  HEALTH FACILITIES DIVISION
 11  7    For salaries, support, maintenance, and miscellaneous
 11  8 purposes, and for not more than the following full=time
 11  9 equivalent positions:
 11 10 .................................................. $  2,339,742
 11 11 ............................................... FTEs     118.25
 11 12    5.  EMPLOYMENT APPEAL BOARD
 11 13    For salaries, support, maintenance, and miscellaneous
 11 14 purposes, and for not more than the following full=time
 11 15 equivalent positions:
 11 16 .................................................. $     54,600
 11 17 ............................................... FTEs      15.00
 11 18    The employment appeal board shall be reimbursed by the
 11 19 labor services division of the department of workforce
 11 20 development for all costs associated with hearings conducted
 11 21 under chapter 91C, related to contractor registration.  The
 11 22 board may expend, in addition to the amount appropriated under
 11 23 this subsection, additional amounts as are directly billable
 11 24 to the labor services division under this subsection and to
 11 25 retain the additional full=time equivalent positions as needed
 11 26 to conduct hearings required pursuant to chapter 91C.
 11 27    6.  CHILD ADVOCACY BOARD
 11 28    For foster care review and the court appointed special
 11 29 advocate program, including salaries, support, maintenance,
 11 30 and miscellaneous purposes, and for not more than the
 11 31 following full=time equivalent positions:
 11 32 .................................................. $  2,068,667
 11 33 ............................................... FTEs      38.99
 11 34    a.  The department of human services, in coordination with
 11 35 the child advocacy board, and the department of inspections
 12  1 and appeals, shall submit an application for funding available
 12  2 pursuant to Title IV=E of the federal Social Security Act for
 12  3 claims for child advocacy board, administrative review costs.
 12  4    b.  The court appointed special advocate program shall
 12  5 investigate and develop opportunities for expanding fund=
 12  6 raising for the program.
 12  7    c.  Administrative costs charged by the department of
 12  8 inspections and appeals for items funded under this subsection
 12  9 shall not exceed 4 percent of the amount appropriated in this
 12 10 subsection.
 12 11    Sec. 14.  RACING AND GAMING COMMISSION.
 12 12    1.  RACETRACK REGULATION
 12 13    There is appropriated from the general fund of the state to
 12 14 the racing and gaming commission of the department of
 12 15 inspections and appeals for the fiscal year beginning July 1,
 12 16 2006, and ending June 30, 2007, the following amount, or so
 12 17 much thereof as is necessary, to be used for the purposes
 12 18 designated:
 12 19    For salaries, support, maintenance, and miscellaneous
 12 20 purposes for the regulation of pari=mutuel racetracks, and for
 12 21 not more than the following full=time equivalent positions:
 12 22 .................................................. $  2,657,394
 12 23 ............................................... FTEs      27.53
 12 24    2.  EXCURSION BOAT REGULATION
 12 25    There is appropriated from the general fund of the state to
 12 26 the racing and gaming commission of the department of
 12 27 inspections and appeals for the fiscal year beginning July 1,
 12 28 2006, and ending June 30, 2007, the following amount, or so
 12 29 much thereof as is necessary, to be used for the purposes
 12 30 designated:
 12 31    For salaries, support, maintenance, and miscellaneous
 12 32 purposes for administration and enforcement of the excursion
 12 33 boat gambling laws, and for not more than the following full=
 12 34 time equivalent positions:
 12 35 .................................................. $  3,199,440
 13  1 ............................................... FTEs      43.22
 13  2    Sec. 15.  USE TAX APPROPRIATION.  There is appropriated
 13  3 from the use tax receipts collected pursuant to sections
 13  4 423.26 and 423.27 prior to their deposit in the road use tax
 13  5 fund pursuant to section 423.43 to the administrative hearings
 13  6 division of the department of inspections and appeals for the
 13  7 fiscal year beginning July 1, 2006, and ending June 30, 2007,
 13  8 the following amount, or so much thereof as is necessary, for
 13  9 the purposes designated:
 13 10    For salaries, support, maintenance, and miscellaneous
 13 11 purposes:
 13 12 .................................................. $  1,482,436
 13 13    Sec. 16.  DEPARTMENT OF MANAGEMENT.  There is appropriated
 13 14 from the general fund of the state to the department of
 13 15 management for the fiscal year beginning July 1, 2006, and
 13 16 ending June 30, 2007, the following amounts, or so much
 13 17 thereof as is necessary, to be used for the purposes
 13 18 designated:
 13 19    1.  GENERAL OFFICE
 13 20    For salaries, support, maintenance, and miscellaneous
 13 21 purposes, and for not more than the following full=time
 13 22 equivalent positions:
 13 23 .................................................. $  2,244,335
 13 24 ............................................... FTEs      32.00
 13 25    2.  ENTERPRISE RESOURCE PLANNING
 13 26    If funding is provided for the redesign of the enterprise
 13 27 resource planning budget system for the fiscal year beginning
 13 28 July 1, 2006, then there is appropriated from the general fund
 13 29 of the state to the department of management for the fiscal
 13 30 year beginning July 1, 2006, and ending June 30, 2007, the
 13 31 following amount, or so much thereof as is necessary, to be
 13 32 used for the purposes designated:
 13 33    For salaries, support, maintenance, and miscellaneous
 13 34 purposes for administration of the enterprise resource
 13 35 planning system, and for not more than the following full=time
 14  1 equivalent position:
 14  2 .................................................. $     57,435
 14  3 ............................................... FTEs       1.00
 14  4    3.  SALARY MODEL ADMINISTRATOR
 14  5    For salaries, support, and miscellaneous purposes of
 14  6 the salary model administrator, and for not more than
 14  7 the following full=time equivalent position:
 14  8 .................................................. $    127,936
 14  9 ............................................... FTEs       1.00
 14 10    The salary model administrator shall work in conjunction
 14 11 with the legislative services agency to maintain the state's
 14 12 salary model used for analyzing, comparing, and projecting
 14 13 state employee salary and benefit information, including
 14 14 information relating to employees of the state board of
 14 15 regents.  The department of revenue, the department of
 14 16 administrative services, the five institutions under the
 14 17 jurisdiction of the state board of regents, the judicial
 14 18 district departments of correctional services, and the state
 14 19 department of transportation shall provide salary data to the
 14 20 department of management and the legislative services agency
 14 21 to operate the state's salary model.  The format and frequency
 14 22 of provision of the salary data shall be determined by the
 14 23 department of management and the legislative services agency.
 14 24 The information shall be used in collective bargaining
 14 25 processes under chapter 20 and in calculating the funding
 14 26 needs contained within the annual salary adjustment
 14 27 legislation.  A state employee organization as defined in
 14 28 section 20.3, subsection 4, may request information produced
 14 29 by the model, but the information provided shall not contain
 14 30 information attributable to individual employees.
 14 31    4.  For conducting performance audits and developing
 14 32 performance measures, including salaries, support,
 14 33 maintenance, miscellaneous purposes, and for not more than the
 14 34 following full=time equivalent positions:
 14 35 .................................................. $    108,000
 15  1 ............................................... FTEs       2.50
 15  2    5.  For the department's LEAN process, including salaries,
 15  3 support, maintenance, miscellaneous purposes, and for not more
 15  4 than the following full=time equivalent position:
 15  5 .................................................. $    108,000
 15  6 ............................................... FTEs       1.00
 15  7    Sec. 17.  ROAD USE TAX APPROPRIATION.  There is
 15  8 appropriated from the road use tax fund to the department of
 15  9 management for the fiscal year beginning July 1, 2006, and
 15 10 ending June 30, 2007, the following amount, or so much thereof
 15 11 as is necessary, to be used for the purposes designated:
 15 12    For salaries, support, maintenance, and miscellaneous
 15 13 purposes:
 15 14 .................................................. $     56,000
 15 15    Sec. 18.  DEPARTMENT OF REVENUE.  There is appropriated
 15 16 from the general fund of the state to the department of
 15 17 revenue for the fiscal year beginning July 1, 2006, and ending
 15 18 June 30, 2007, the following amounts, or so much thereof as is
 15 19 necessary, to be used for the purposes designated:
 15 20    For salaries, support, maintenance, and miscellaneous
 15 21 purposes, and for not more than the following full=time
 15 22 equivalent positions:
 15 23 ................................................. $ 23,138,575
 15 24 .............................................. FTEs     392.64
 15 25    Of the funds appropriated pursuant to this section,
 15 26 $400,000 shall be used to pay the direct costs of compliance
 15 27 related to the collection and distribution of local sales and
 15 28 services taxes imposed pursuant to chapters 423B and 423E.
 15 29    The director of revenue shall prepare and issue a state
 15 30 appraisal manual and the revisions to the state appraisal
 15 31 manual as provided in section 421.17, subsection 17, without
 15 32 cost to a city or county.
 15 33    The department of revenue shall submit a written report to
 15 34 the general assembly by January 1, 2007, concerning the
 15 35 department's progress in developing a system to track tax
 16  1 credits.
 16  2    Sec. 19.  MOTOR VEHICLE FUEL TAX APPROPRIATION.  There is
 16  3 appropriated from the motor fuel tax fund created by section
 16  4 452A.77 to the department of revenue for the fiscal year
 16  5 beginning July 1, 2006, and ending June 30, 2007, the
 16  6 following amount, or so much thereof as is necessary, to be
 16  7 used for the purposes designated:
 16  8    For salaries, support, maintenance, and miscellaneous
 16  9 purposes for administration and enforcement of the provisions
 16 10 of chapter 452A and the motor vehicle use tax program:
 16 11 .................................................. $  1,258,042
 16 12    Sec. 20.  SECRETARY OF STATE.  There is appropriated from
 16 13 the general fund of the state to the office of the secretary
 16 14 of state for the fiscal year beginning July 1, 2006, and
 16 15 ending June 30, 2007, the following amounts, or so much
 16 16 thereof as is necessary, to be used for the purposes
 16 17 designated:
 16 18    1.  ADMINISTRATION AND ELECTIONS
 16 19    For salaries, support, maintenance, and miscellaneous
 16 20 purposes, and for not more than the following full=time
 16 21 equivalent positions:
 16 22 .................................................. $    707,942
 16 23 ............................................... FTEs      10.00
 16 24    The state department or state agency which provides data
 16 25 processing services to support voter registration file
 16 26 maintenance and storage shall provide those services without
 16 27 charge.
 16 28    2.  BUSINESS SERVICES
 16 29    For salaries, support, maintenance, and miscellaneous
 16 30 purposes, and for not more than the following full=time
 16 31 equivalent positions:
 16 32 .................................................. $  2,003,091
 16 33 ............................................... FTEs      32.00
 16 34    Sec. 21.  SECRETARY OF STATE FILING FEES REFUND.
 16 35 Notwithstanding the obligation to collect fees pursuant to the
 17  1 provisions of section 490.122, subsection 1, paragraphs "a"
 17  2 and "s", and section 504.113, subsection 1, paragraphs "a",
 17  3 "c", "d", "j", "k", "l", and "m", for the fiscal year
 17  4 beginning July 1, 2006, and ending June 30, 2007, the
 17  5 secretary of state may refund these fees to the filer pursuant
 17  6 to rules established by the secretary of state.  The decision
 17  7 of the secretary of state not to issue a refund under rules
 17  8 established by the secretary of state is final and not subject
 17  9 to review pursuant to the provisions of the Iowa
 17 10 administrative procedure Act, chapter 17A.
 17 11    Sec. 22.  TREASURER.  There is appropriated from the
 17 12 general fund of the state to the office of treasurer of state
 17 13 for the fiscal year beginning July 1, 2006, and ending June
 17 14 30, 2007, the following amount, or so much thereof as is
 17 15 necessary, to be used for the purposes designated:
 17 16    For salaries, support, maintenance, and miscellaneous
 17 17 purposes, and for not more than the following full=time
 17 18 equivalent positions:
 17 19 .................................................. $    922,899
 17 20 ............................................... FTEs      28.80
 17 21    The office of treasurer of state shall supply clerical and
 17 22 secretarial support for the executive council.
 17 23    Sec. 23.  IPERS == GENERAL OFFICE.  There is appropriated
 17 24 from the Iowa public employees' retirement system fund to the
 17 25 Iowa public employees' retirement system for the fiscal year
 17 26 beginning July 1, 2006, and ending June 30, 2007, the
 17 27 following amount, or so much thereof as is necessary, to be
 17 28 used for the purposes designated:
 17 29    For salaries, support, maintenance, and other operational
 17 30 purposes to pay the costs of the Iowa public employees'
 17 31 retirement system, and for not more than the following full=
 17 32 time equivalent positions:
 17 33 .................................................. $ 16,756,131
 17 34 ............................................... FTEs      95.13
 17 35    Sec. 24.  TRAVEL POLICY.
 18  1    1.  For the fiscal year beginning July 1, 2006, each
 18  2 department or independent agency receiving an appropriation in
 18  3 this Act shall review the employee policy for daily or short=
 18  4 term travel including but not limited to the usage of motor
 18  5 pool vehicles under the department of administrative services,
 18  6 employee mileage reimbursement for the use of a personal
 18  7 vehicle, and the usage of private automobile rental companies.
 18  8 Following the review, the department or agency shall implement
 18  9 revisions in the employee policy for daily or short=term
 18 10 travel as necessary to maximize cost savings.
 18 11    2.  Each department or independent agency subject to
 18 12 subsection 1 shall report to the general assembly's standing
 18 13 committees on government oversight regarding the policy
 18 14 revisions implemented and the savings realized from the
 18 15 changes.  An initial report shall be submitted on or before
 18 16 December 1, 2006, and a follow=up report shall be submitted on
 18 17 or before December 1, 2007.
 18 18    Sec. 25.  2005 Iowa Acts, chapter 179, section 32, is
 18 19 amended by adding the following new unnumbered paragraph:
 18 20    NEW UNNUMBERED PARAGRAPH.  Notwithstanding section 8.33,
 18 21 moneys appropriated in this section that remain unencumbered
 18 22 or unobligated at the close of the fiscal year shall not
 18 23 revert but shall remain available for expenditure for the
 18 24 purposes designated during the succeeding fiscal year.
 18 25    Sec. 26.  EFFECTIVE DATE.  The section of this division of
 18 26 this Act amending 2005 Iowa Acts, chapter 179, being deemed of
 18 27 immediate importance, takes effect upon enactment.
 18 28                           DIVISION II
 18 29                    MISCELLANEOUS PROVISIONS
 18 30    Sec. 27.  Section 421.17, subsection 27, paragraphs a, c,
 18 31 d, e, g, and h, Code Supplement 2005, are amended to read as
 18 32 follows:
 18 33    a.  To establish, administer, and make available a
 18 34 centralized debt collection capability and procedure for the
 18 35 use by any state agency as defined in section 8A.504 or local
 19  1 government entity including, but not limited to, the
 19  2 department of revenue, along with other boards, commissions,
 19  3 departments, and any other entity reported in the Iowa
 19  4 comprehensive annual financial report, to collect delinquent
 19  5 accounts, charges, fees, loans, taxes, or other indebtedness
 19  6 owed to or being collected by the state.  The department's
 19  7 collection facilities shall only be available for use by other
 19  8 state agencies or local government entities for their
 19  9 discretionary use when resources are available to the director
 19 10 and subject to the director's determination that use of the
 19 11 procedure is feasible.  The director shall prescribe the
 19 12 appropriate form and manner in which this information is to be
 19 13 submitted to the office of the department.  The obligations or
 19 14 indebtedness must be delinquent and not subject to litigation,
 19 15 claim, appeal, or review pursuant to the appropriate remedies
 19 16 of each state agency or local government entity.
 19 17    c.  The director shall establish a formal debt collection
 19 18 policy for use by state agencies and local government entities
 19 19 which have not established their own policy.  Other state
 19 20 agencies and local government entities may use the collection
 19 21 facilities of the department pursuant to formal agreement with
 19 22 the department.  The agreement shall provide that the
 19 23 information provided to the department shall be sufficient to
 19 24 establish the obligation in a court of law and to render it as
 19 25 a legal judgment on behalf of the state or the local
 19 26 government agency.  After transferring the file to the
 19 27 department for collection, an individual state agency or the
 19 28 local government agency shall terminate all collection
 19 29 procedures and be available to provide assistance to the
 19 30 department.  Upon receipt of the file, the department shall
 19 31 assume all liability for its actions without recourse to the
 19 32 agency or the local government agency, and shall comply with
 19 33 all applicable state and federal laws governing collection of
 19 34 the debt.  The department may use a participating agency's or
 19 35 local government agency's statutory collection authority to
 20  1 collect the participating agency's delinquent accounts,
 20  2 charges, fees, loans, taxes, or other indebtedness owed to or
 20  3 being collected by the state.  The department has the powers
 20  4 granted in this section regarding setoff from income tax
 20  5 refunds or other accounts payable by the state for any of the
 20  6 obligations transferred by state agencies or local government
 20  7 agencies.
 20  8    d.  The department's existing right to credit against tax
 20  9 due shall not be impaired by any right granted to, or duty
 20 10 imposed upon, the department or other state agency or local
 20 11 government agency by this section.
 20 12    e.  All state agencies and local government agencies shall
 20 13 be given access, at the discretion of the director, to the
 20 14 centralized computer data bank and, notwithstanding any other
 20 15 provision of law to the contrary, may deny, revoke, or suspend
 20 16 any license or deny any renewal authorized by the laws of this
 20 17 state to any person who has defaulted on an obligation owed to
 20 18 or collected by the state.  The confidentiality provisions of
 20 19 sections 422.20 and 422.72 do not apply to tax information
 20 20 contained in the centralized computer data bank.  State
 20 21 agencies and local government agencies shall endeavor to
 20 22 obtain the applicant's social security or federal tax
 20 23 identification number, or state driver's license number from
 20 24 all applicants.
 20 25    g.  The director shall adopt administrative rules to
 20 26 implement this section subsection, including, but not limited
 20 27 to, rules necessary to prevent conflict with federal laws and
 20 28 regulations or the loss of federal funds, to establish
 20 29 procedures necessary to guarantee due process of law, and to
 20 30 provide for reimbursement of the department by other state
 20 31 agencies and local government entities for the department's
 20 32 costs related to debt collection for state agencies and local
 20 33 government entities.
 20 34    h.  The director shall report quarterly to the legislative
 20 35 fiscal committee, the legislative services agency, and the
 21  1 chairpersons and ranking members of the joint administration
 21  2 appropriations subcommittee on administration and regulation
 21  3 concerning the implementation of the centralized debt
 21  4 collection program, the number of departmental collection
 21  5 programs initiated, the amount of debts collected, and an
 21  6 estimate of future costs and benefits which may be associated
 21  7 with the collection program.  It is the intent of the general
 21  8 assembly that the centralized debt collection program will
 21  9 result in the collection of at least two dollars of
 21 10 indebtedness for every dollar expended in administering the
 21 11 collection program during a fiscal year.  It is also the
 21 12 intent of the general assembly that the centralized debt
 21 13 collection program be administered without the anticipation of
 21 14 future additional commitments of computer equipment and
 21 15 personnel.
 21 16    Sec. 28.  Section 421.17, subsection 27, Code Supplement
 21 17 2005, is amended by adding the following new paragraph:
 21 18    NEW PARAGRAPH.  j.  There is appropriated from the amount
 21 19 of any debt actually collected pursuant to this subsection an
 21 20 amount, not to exceed the amount collected, which is
 21 21 sufficient to pay for salaries, support, maintenance,
 21 22 services, and other costs incurred by the department related
 21 23 to the administration of this subsection.  The director shall
 21 24 report annually to the legislative fiscal committee and the
 21 25 legislative services agency on any additional positions added
 21 26 and the costs incurred during the previous fiscal year
 21 27 pursuant to this subsection.
 21 28    Sec. 29.  Section 422.26, unnumbered paragraph 6, Code
 21 29 2005, is amended to read as follows:
 21 30    The department shall pay, from moneys appropriated to the
 21 31 department for this purpose, a recording fee as provided in
 21 32 section 331.604, for the recording of the lien, or for its
 21 33 satisfaction.
 21 34                          DIVISION III
 21 35 REASSIGNMENT OF PROFESSIONAL LICENSING AND REGULATION DIVISION
 22  1    Sec. 30.  Section 8A.412, subsection 19, Code Supplement
 22  2 2005, is amended to read as follows:
 22  3    19.  The superintendent of the banking division of the
 22  4 department of commerce, all members of the state banking
 22  5 council, and all employees of the banking division except for
 22  6 employees of the professional licensing and regulation bureau
 22  7 of the division.
 22  8    Sec. 31.  Section 524.208, Code 2005, is amended to read as
 22  9 follows:
 22 10    524.208  EXAMINERS AND OTHER EMPLOYEES.
 22 11    The superintendent may appoint examiners and other
 22 12 employees as the superintendent deems necessary to the proper
 22 13 discharge of the duties imposed upon the superintendent by the
 22 14 laws of this state.  Pay plans shall be established for
 22 15 employees, other than clerical employees or employees of the
 22 16 professional licensing and regulation bureau of the banking
 22 17 division, who examine the accounts and affairs of state banks
 22 18 and who examine the accounts and affairs of other persons,
 22 19 subject to supervision and regulation by the superintendent,
 22 20 which are substantially equivalent to those paid by the
 22 21 federal deposit insurance corporation and other federal
 22 22 supervisory agencies in this area of the United States.
 22 23    Sec. 32.  Section 524.211, subsection 5, Code 2005, is
 22 24 amended to read as follows:
 22 25    5.  An employee of the banking division, other than the
 22 26 superintendent or a member of the state banking council or one
 22 27 of the boards in the professional licensing and regulation
 22 28 bureau of the division, shall not perform any services for,
 22 29 and shall not be a shareholder, member, partner, owner,
 22 30 director, officer, or employee of, any enterprise, person, or
 22 31 affiliate subject to the regulatory purview of the banking
 22 32 division.
 22 33    Sec. 33.  Section 534.401, subsection 1, Code 2005, is
 22 34 amended to read as follows:
 22 35    1.  SUPERINTENDENT OF SAVINGS AND LOAN ASSOCIATIONS.  The
 23  1 superintendent of savings and loan associations is the
 23  2 administrator of professional licensing and regulation
 23  3 appointed pursuant to section 546.10, subsection 2, or an
 23  4 individual appointed by the administrator as provided in
 23  5 section 546.10, subsection 6 superintendent of banking.
 23  6    Sec. 34.  Section 542.4, subsections 1 and 6, Code 2005,
 23  7 are amended to read as follows:
 23  8    1.  An Iowa accountancy examining board is created within
 23  9 the professional licensing and regulation bureau of the
 23 10 banking division of the department of commerce to administer
 23 11 and enforce this chapter.  The board shall consist of eight
 23 12 members, appointed by the governor and subject to senate
 23 13 confirmation, all of whom shall be residents of this state.
 23 14 Five of the eight members shall be holders of certificates
 23 15 issued under section 542.6, one member shall be the holder of
 23 16 a license issued under section 542.8, and two shall not be
 23 17 certified public accountants or licensed public accountants
 23 18 and shall represent the general public.  At least three of the
 23 19 holders of certificates issued under section 542.6 shall also
 23 20 be qualified to supervise attest services as provided in
 23 21 section 542.7.  A certified or licensed member of the board
 23 22 shall be actively engaged in practice as a certified public
 23 23 accountant or as a licensed public accountant and shall have
 23 24 been so engaged for five years preceding appointment, the last
 23 25 two of which shall have been in this state.  Professional
 23 26 associations or societies composed of certified public
 23 27 accountants or licensed public accountants may recommend the
 23 28 names of potential board members to the governor.  However,
 23 29 the governor is not bound by the recommendations.  A board
 23 30 member is not required to be a member of any professional
 23 31 association or society composed of certified public
 23 32 accountants or licensed public accountants.  The term of each
 23 33 member of the board shall be three years, as designated by the
 23 34 governor, and appointments to the board are subject to the
 23 35 requirements of sections 69.16, 69.16A, and 69.19.  Members of
 24  1 the board appointed and serving pursuant to chapter 542C, Code
 24  2 2001, on July 1, 2002, shall serve out the terms for which
 24  3 they were appointed.  Vacancies occurring during a term shall
 24  4 be filled by appointment by the governor for the unexpired
 24  5 term.  Upon the expiration of the member's term of office, a
 24  6 member shall continue to serve until a successor shall have
 24  7 been appointed and taken office.  The public members of the
 24  8 board shall be allowed to participate in administrative,
 24  9 clerical, or ministerial functions incident to giving the
 24 10 examinations, but shall not determine the content or determine
 24 11 the correctness of the answers.  The licensed public
 24 12 accountant member shall not determine the content of the
 24 13 certified public accountant examination or determine the
 24 14 correctness of the answers.  Any member of the board whose
 24 15 certificate under section 542.6 or license under section 542.8
 24 16 is revoked or suspended shall automatically cease to be a
 24 17 member of the board, and the governor may, after a hearing,
 24 18 remove any member of the board for neglect of duty or other
 24 19 just cause.  A person who has served three successive complete
 24 20 terms shall not be eligible for reappointment, but appointment
 24 21 to fill an unexpired term shall not be considered a complete
 24 22 term for this purpose.
 24 23    6.  The administrator of the professional licensing and
 24 24 regulation bureau of the banking division of the department of
 24 25 commerce shall provide staffing assistance to the board for
 24 26 implementing this chapter.
 24 27    Sec. 35.  Section 542B.3, Code 2005, is amended to read as
 24 28 follows:
 24 29    542B.3  ENGINEERING AND LAND SURVEYING EXAMINING BOARD
 24 30 CREATED.
 24 31    An engineering and land surveying examining board is
 24 32 created within the professional licensing and regulation
 24 33 bureau of the banking division of the department of commerce.
 24 34 The board consists of four members who are licensed
 24 35 professional engineers, one member who is a licensed land
 25  1 surveyor or a professional engineer who is also a licensed
 25  2 land surveyor, and two members who are not licensed
 25  3 professional engineers or land surveyors and who shall
 25  4 represent the general public.  Members shall be appointed by
 25  5 the governor subject to confirmation by the senate.  A
 25  6 licensed member shall be actively engaged in the practice of
 25  7 engineering or land surveying and shall have been so engaged
 25  8 for five years preceding the appointment, the last two of
 25  9 which shall have been in Iowa.  Insofar as practicable,
 25 10 licensed engineer members of the board shall be from different
 25 11 branches of the profession of engineering.  Professional
 25 12 associations or societies composed of licensed engineers or
 25 13 licensed land surveyors may recommend the names of potential
 25 14 board members whose profession is representative of that
 25 15 association or society to the governor.  However, the governor
 25 16 is not bound by the recommendations.  A board member shall not
 25 17 be required to be a member of any professional association or
 25 18 society composed of professional engineers or land surveyors.
 25 19    Sec. 36.  Section 542B.9, Code 2005, is amended to read as
 25 20 follows:
 25 21    542B.9  ORGANIZATION OF THE BOARD == STAFF.
 25 22    The board shall elect annually from its members a
 25 23 chairperson and a vice chairperson.  The administrator of the
 25 24 professional licensing and regulation bureau of the banking
 25 25 division of the department of commerce shall hire and provide
 25 26 staff to assist the board in implementing this chapter.  The
 25 27 board shall hold at least one meeting at the location of the
 25 28 board's principal office, and meetings shall be called at
 25 29 other times by the administrator at the request of the
 25 30 chairperson or four members of the board.  At any meeting of
 25 31 the board, a majority of members constitutes a quorum.
 25 32    Sec. 37.  Section 543B.8, Code Supplement 2005, is amended
 25 33 to read as follows:
 25 34    543B.8  REAL ESTATE COMMISSION CREATED == STAFF.
 25 35    A real estate commission is created within the professional
 26  1 licensing and regulation bureau of the banking division of the
 26  2 department of commerce.  The commission consists of five
 26  3 members licensed under this chapter and two members not
 26  4 licensed under this chapter and who shall represent the
 26  5 general public.  At least one of the licensed members shall be
 26  6 a licensed real estate salesperson, except that if the
 26  7 licensed real estate salesperson becomes a licensed real
 26  8 estate broker during a term of office, that person may
 26  9 complete the term, but is not eligible for reappointment on
 26 10 the commission as a licensed real estate salesperson.  A
 26 11 licensed member shall be actively engaged in the real estate
 26 12 business and shall have been so engaged for five years
 26 13 preceding the appointment, the last two of which shall have
 26 14 been in Iowa.  Professional associations or societies of real
 26 15 estate brokers or real estate salespersons may recommend the
 26 16 names of potential commission members to the governor.
 26 17 However, the governor is not bound by their recommendations.
 26 18 A commission member shall not be required to be a member of
 26 19 any professional association or society composed of real
 26 20 estate brokers or salespersons.  Commission members shall be
 26 21 appointed by the governor subject to confirmation by the
 26 22 senate.  Appointments shall be for three=year terms and shall
 26 23 commence and end as provided in section 69.19.  A member shall
 26 24 serve no more than three terms or nine years, whichever is
 26 25 less.  No more than one member shall be appointed from a
 26 26 county.  A commission member shall not hold any other elective
 26 27 or appointive state or federal office.  Vacancies shall be
 26 28 filled for the unexpired term by appointment of the governor
 26 29 and are subject to senate confirmation.  A majority of the
 26 30 commission members constitutes a quorum.  The administrator of
 26 31 the professional licensing and regulation bureau of the
 26 32 banking division shall hire and provide staff to assist the
 26 33 commission with implementing this chapter.
 26 34    The administrator of the professional licensing and
 26 35 regulation bureau of the banking division of the department of
 27  1 commerce shall hire a real estate education director to assist
 27  2 the commission in administering education programs for the
 27  3 commission.
 27  4    Sec. 38.  Section 543B.54, Code 2005, is amended to read as
 27  5 follows:
 27  6    543B.54  REAL ESTATE EDUCATION FUND.
 27  7    The Iowa real estate education fund is created as a
 27  8 financial assurance mechanism to assist in the establishment
 27  9 and maintenance of a real estate education program at the
 27 10 university of northern Iowa and to assist the real estate
 27 11 commission in providing an education director.  The fund is
 27 12 created as a separate fund in the state treasury, and any
 27 13 funds remaining in the fund at the end of each fiscal year
 27 14 shall not revert to the general fund, but shall remain in the
 27 15 Iowa real estate education fund.  Twenty=five dollars per
 27 16 license from fees deposited for each real estate salesperson's
 27 17 license and each broker's license shall be distributed and are
 27 18 appropriated to the board of regents for the purpose of
 27 19 establishing and maintaining a real estate education program
 27 20 at the university of northern Iowa.  The remaining moneys in
 27 21 the fund shall be distributed and are appropriated to the
 27 22 professional licensing and regulation bureau of the banking
 27 23 division of the department of commerce for the purpose of
 27 24 hiring and compensating a real estate education director and
 27 25 regulatory compliance personnel.
 27 26    Sec. 39.  Section 543D.4, unnumbered paragraph 1, Code
 27 27 2005, is amended to read as follows:
 27 28    A real estate appraiser examining board is established
 27 29 within the professional licensing and regulation bureau of the
 27 30 banking division of the department of commerce.  The board
 27 31 consists of seven members, two of whom shall be public members
 27 32 and five of whom shall be real estate appraisers.
 27 33    Sec. 40.  Section 544A.1, unnumbered paragraph 2, Code
 27 34 2005, is amended to read as follows:
 27 35    The architectural examining board is created within the
 28  1 professional licensing and regulation bureau of the banking
 28  2 division of the department of commerce.  The board consists of
 28  3 five members who possess a certificate of registration issued
 28  4 under section 544A.9 and who have been in active practice of
 28  5 architecture for not less than five years, the last two of
 28  6 which shall have been in Iowa, and two members who do not
 28  7 possess a certificate of registration issued under section
 28  8 544A.9 and who shall represent the general public.  Members
 28  9 shall be appointed by the governor subject to confirmation by
 28 10 the senate.
 28 11    Sec. 41.  Section 544A.5, Code 2005, is amended to read as
 28 12 follows:
 28 13    544A.5  DUTIES.
 28 14    The architectural examining board shall enforce this
 28 15 chapter, shall make rules for the examination of applicants
 28 16 for the certificate of registration provided by this chapter,
 28 17 and shall, after due public notice, hold meetings each year
 28 18 for the purpose of examining applicants for registration and
 28 19 the transaction of business pertaining to the affairs of the
 28 20 board.  Examinations shall be given as often as deemed
 28 21 necessary, but not less than annually.  Action at a meeting
 28 22 shall not be taken without the affirmative votes of a majority
 28 23 of the members of the board.  The administrator of the
 28 24 professional licensing and regulation bureau of the banking
 28 25 division of the department of commerce shall hire and provide
 28 26 staff to assist the board with implementing this chapter.
 28 27    Sec. 42.  Section 544B.3, unnumbered paragraph 1, Code
 28 28 2005, is amended to read as follows:
 28 29    A landscape architectural examining board is created within
 28 30 the professional licensing and regulation bureau of the
 28 31 banking division of the department of commerce.  The board
 28 32 consists of five members who are professional landscape
 28 33 architects and two members who are not professional landscape
 28 34 architects and who shall represent the general public.
 28 35 Members shall be appointed by the governor, subject to
 29  1 confirmation by the senate.  A professional member shall be
 29  2 actively engaged in the practice of landscape architecture or
 29  3 the teaching of landscape architecture in an accredited
 29  4 college or university, and shall have been so engaged for five
 29  5 years preceding appointment, the last two of which shall have
 29  6 been in Iowa.  Associations or societies composed of
 29  7 professional landscape architects may recommend the names of
 29  8 potential board members to the governor.  However, the
 29  9 governor is not bound by the recommendations.  A board member
 29 10 shall not be required to be a member of any professional
 29 11 association or society composed of professional landscape
 29 12 architects.
 29 13    Sec. 43.  Section 544B.5, Code 2005, is amended to read as
 29 14 follows:
 29 15    544B.5  DUTIES.
 29 16    The board shall enforce this chapter, shall make rules for
 29 17 the examination of applicants for licensure, and, after public
 29 18 notice, shall conduct examinations of applicants for
 29 19 licensure.  The board shall keep a record of its proceedings.
 29 20 The board shall adopt an official seal which shall be affixed
 29 21 to all certificates of licensure granted.  The board may make
 29 22 other rules, not inconsistent with law, as necessary for the
 29 23 proper performance of its duties.  The board shall maintain a
 29 24 roster showing the name, place of business, and residence, and
 29 25 the date and number of the certificate of licensure of every
 29 26 professional landscape architect in this state.  The
 29 27 administrator of the professional licensing and regulation
 29 28 bureau of the banking division of the department of commerce
 29 29 shall hire and provide staff to assist the board in
 29 30 implementing this chapter.
 29 31    Sec. 44.  Section 544C.1, subsection 2, Code Supplement
 29 32 2005, is amended to read as follows:
 29 33    2.  "Division" "Bureau" means the professional licensing
 29 34 and regulation bureau of the banking division of the
 29 35 department of commerce.
 30  1    Sec. 45.  Section 544C.2, subsection 1, Code Supplement
 30  2 2005, is amended to read as follows:
 30  3    1.  An interior design examining board is established
 30  4 within the division bureau.  The board consists of seven
 30  5 members:  five members who are interior designers who are
 30  6 registered under this chapter and who have been in the active
 30  7 practice of interior design for not less than five years, the
 30  8 last two of which shall have been in Iowa; and two members who
 30  9 are not registered under this chapter and who shall represent
 30 10 the general public.  Members shall be appointed by the
 30 11 governor subject to confirmation by the senate.
 30 12    Sec. 46.  Section 544C.3, unnumbered paragraph 2, Code
 30 13 Supplement 2005, is amended to read as follows:
 30 14    The administrator of the division bureau shall provide
 30 15 staff to assist the board in the implementation of this
 30 16 chapter.
 30 17    Sec. 47.  Section 544C.5, unnumbered paragraph 1, Code
 30 18 Supplement 2005, is amended to read as follows:
 30 19    Each applicant for registration must meet the interior
 30 20 design education and practical training requirements adopted
 30 21 by rule by the board, and have passed an examination
 30 22 prescribed by the board that is task=oriented, focused on
 30 23 public safety, and validated by a recognized testing agency.
 30 24 The division bureau shall register an individual who submits
 30 25 an application to the board on the form and in the manner
 30 26 prescribed by the board as a registered interior designer if
 30 27 the individual satisfies the following requirements:
 30 28    Sec. 48.  Section 546.2, subsection 3, paragraph g, Code
 30 29 2005, is amended by striking the paragraph.
 30 30    Sec. 49.  Section 546.3, Code 2005, is amended to read as
 30 31 follows:
 30 32    546.3  BANKING DIVISION.
 30 33    1.  The banking division shall regulate and supervise banks
 30 34 under chapter 524, debt management licensees under chapter
 30 35 533A, money services under chapter 533C, delayed deposit
 31  1 services under chapter 533D, mortgage bankers and brokers
 31  2 under chapter 535B, regulated loan companies under chapter
 31  3 536, and industrial loan companies under chapter 536A, and
 31  4 shall perform other duties assigned to the division by law.
 31  5 The division is headed by the superintendent of banking who is
 31  6 appointed pursuant to section 524.201.  The state banking
 31  7 council shall render advice within the division when requested
 31  8 by the superintendent.
 31  9    2.  The banking division shall administer and manage the
 31 10 professional licensing and regulation bureau within the
 31 11 division.  The division shall separately account for funds of
 31 12 the bureau.  However, the division may allocate costs for
 31 13 administrative, technical, support, and other shared services
 31 14 across the entire division.
 31 15    Sec. 50.  Section 546.5, Code 2005, is amended to read as
 31 16 follows:
 31 17    546.5  SAVINGS AND LOAN DIVISION.
 31 18    The savings and loan division shall regulate and supervise
 31 19 savings and loan associations and savings banks under chapter
 31 20 534.  The division is headed by the superintendent of savings
 31 21 and loan associations who shall be appointed pursuant to
 31 22 section 534.401 the superintendent of banking.
 31 23    Sec. 51.  Section 546.10, Code Supplement 2005, is amended
 31 24 to read as follows:
 31 25    546.10  PROFESSIONAL LICENSING AND REGULATION DIVISION
 31 26 BUREAU == SUPERINTENDENT OF SAVINGS AND LOAN ASSOCIATIONS.
 31 27    1.  The professional licensing and regulation bureau of the
 31 28 banking division shall administer and coordinate the licensing
 31 29 and regulation of several professions by bringing together the
 31 30 following licensing boards:
 31 31    a.  The engineering and land surveying examining board
 31 32 created pursuant to chapter 542B.
 31 33    b.  The Iowa accountancy examining board created pursuant
 31 34 to chapter 542.
 31 35    c.  The real estate commission created pursuant to chapter
 32  1 543B.
 32  2    d.  The architectural examining board created pursuant to
 32  3 chapter 544A.
 32  4    e.  The landscape architectural examining board created
 32  5 pursuant to chapter 544B.
 32  6    f.  The real estate appraiser examining board created
 32  7 pursuant to section 543D.4.
 32  8    g.  The interior design examining board created pursuant to
 32  9 chapter 544C.
 32 10    2.  The division bureau is headed by the administrator of
 32 11 professional licensing and regulation who shall be appointed
 32 12 by the governor subject to confirmation by the senate and
 32 13 shall serve a four=year term that begins and ends as provided
 32 14 in section 69.19 the superintendent of banking.  A vacancy
 32 15 shall be filled for the unexpired portion of the term in the
 32 16 same manner as a full=term appointment is made.  The
 32 17 administrator shall appoint and supervise staff and shall
 32 18 coordinate activities for the licensing boards within the
 32 19 division bureau.  The administrator shall act as a staff
 32 20 person to one or more of the licensing boards.
 32 21    3.  The licensing and regulation examining boards included
 32 22 in the division bureau pursuant to subsection 1 retain the
 32 23 powers granted them pursuant to the chapters in which they are
 32 24 created, except for budgetary and personnel matters which
 32 25 shall be handled by the administrator.  Each licensing board
 32 26 shall adopt rules pursuant to chapter 17A.  Decisions by a
 32 27 licensing board are final agency actions for purposes of
 32 28 chapter 17A.
 32 29    Notwithstanding subsection 5, eighty=five percent of the
 32 30 funds received annually resulting from an increase in
 32 31 licensing fees implemented on or after April 1, 2002, by a
 32 32 licensing board or commission listed in subsection 1, is
 32 33 appropriated to the professional licensing and regulation
 32 34 division bureau to be allocated to the board or commission for
 32 35 the fiscal year beginning July 1, 2002, and succeeding fiscal
 33  1 years, for purposes related to the duties of the board or
 33  2 commission, including but not limited to additional full=time
 33  3 equivalent positions.  The director of the department of
 33  4 administrative services shall draw warrants upon the treasurer
 33  5 of state from the funds appropriated as provided in this
 33  6 section and shall make the funds available to the professional
 33  7 licensing division and regulation bureau on a monthly basis
 33  8 during each fiscal year.
 33  9    4.  The professional licensing and regulation bureau of the
 33 10 banking division of the department of commerce may expend
 33 11 additional funds, including funds for additional personnel, if
 33 12 those additional expenditures are directly the cause of actual
 33 13 examination expenses exceeding funds budgeted for
 33 14 examinations.  Before the division bureau expends or encumbers
 33 15 an amount in excess of the funds budgeted for examinations,
 33 16 the director of the department of management shall approve the
 33 17 expenditure or encumbrance.  Before approval is given, the
 33 18 director of the department of management shall determine that
 33 19 the examination expenses exceed the funds budgeted by the
 33 20 general assembly to the division bureau and the division
 33 21 bureau does not have other funds from which the expenses can
 33 22 be paid.  Upon approval of the director of the department of
 33 23 management, the division bureau may expend and encumber funds
 33 24 for excess examination expenses.  The amounts necessary to
 33 25 fund the examination expenses shall be collected as fees from
 33 26 additional examination applicants and shall be treated as
 33 27 repayment receipts as defined in section 8.2, subsection 8.
 33 28    5.  Fees collected under chapters 542, 542B, 543B, 543D,
 33 29 544A, and 544B, and 544C shall be paid to the treasurer of
 33 30 state and credited to the general fund of the state.  All
 33 31 expenses required in the discharge of the duties and
 33 32 responsibilities imposed upon the professional licensing and
 33 33 regulation bureau of the banking division of the department of
 33 34 commerce, the administrator, and the licensing boards by the
 33 35 laws of this state shall be paid from moneys appropriated by
 34  1 the general assembly for those purposes.  All fees deposited
 34  2 into the general fund of the state, as provided in this
 34  3 subsection, shall be subject to the requirements of section
 34  4 8.60.
 34  5    6.  The administrator of professional licensing and
 34  6 regulation is the superintendent of savings and loan
 34  7 associations.  The administrator may appoint an individual to
 34  8 act as the superintendent who shall serve as the
 34  9 superintendent at the pleasure of the administrator.
 34 10 HF 2521
 34 11 ec:mg/es/25