House File 809 - Reprinted
HOUSE FILE
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO HSB 285)
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 effective and retroactive applicability
5 dates.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 1000HV 83
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PAG LIN
1 1 DIVISION I
1 2 ADMINISTRATION AND REGULATION APPROPRIATIONS
1 3 Section 1. DEPARTMENT OF ADMINISTRATIVE SERVICES.
1 4 1. There is appropriated from the general fund of the
1 5 state to the department of administrative services for the
1 6 fiscal year beginning July 1, 2009, and ending June 30, 2010,
1 7 the following amounts, or so much thereof as is necessary, to
1 8 be used for the purposes designated:
1 9 a. For salaries, support, maintenance, and miscellaneous
1 10 purposes, and for not more than the following full=time
1 11 equivalent positions:
1 12 .................................................. $ 5,349,232
1 13 ............................................... FTEs 112.28
1 14 b. For the payment of utility costs and for not more than
1 15 the following full=time equivalent positions:
1 16 .................................................. $ 3,517,432
1 17 ............................................... FTEs 1.00
1 18 Notwithstanding section 8.33, any excess funds appropriated
1 19 for utility costs in this lettered paragraph shall not revert
1 20 to the general fund of the state at the end of the fiscal year
1 21 but shall remain available for expenditure for the purposes of
1 22 this lettered paragraph during the succeeding fiscal year.
1 23 It is the intent of the general assembly that the
1 24 department shall reduce utility costs through energy
1 25 conservation practices. The goal of the general assembly is
1 26 to reduce energy use by 10 percent to save money, conserve
1 27 energy resources, and reduce pollution.
1 28 c. It is the intent of the general assembly that the state
1 29 maintain a cost effective, reliable motor vehicle fleet for
1 30 state operations. It is the goal of the general assembly that
1 31 the department shall take all available steps to reduce motor
1 32 vehicle fleet operation and purchasing costs by 7.5 percent.
1 33 It is also the intent of the general assembly that replacement
1 34 motor vehicles purchased by the department shall include only
1 35 those options necessary for the intended purpose of the
2 1 vehicles purchased unless inclusion of the options are part of
2 2 the lowest responsible cost package available for the vehicles
2 3 purchased. In addition, to maximize the cost effectiveness of
2 4 the motor vehicle fleet given the current fiscal environment,
2 5 it is also the intent of the general assembly that the
2 6 department implement a policy, effective July 1, 2009, to
2 7 extend the time that vehicles in the department's motor
2 8 vehicle fleet are retained and used by the state with the
2 9 purpose of reducing the cost of fleet operations for state
2 10 agencies. The policy change shall incorporate an increase in
2 11 the overall length of time that a vehicle is retained in
2 12 addition to an increase in the number of miles that a vehicle
2 13 is driven prior to being replaced. The department shall
2 14 submit a report to the general assembly by January 1, 2010,
2 15 concerning the department's efforts to reduce state motor
2 16 vehicle fleet costs, including data on the extent of savings
2 17 realized.
2 18 2. Members of the general assembly serving as members of
2 19 the deferred compensation advisory board shall be entitled to
2 20 receive per diem and necessary travel and actual expenses
2 21 pursuant to section 2.10, subsection 5, while carrying out
2 22 their official duties as members of the board.
2 23 3. Any funds and premiums collected by the department for
2 24 workers' compensation shall be segregated into a separate
2 25 workers' compensation fund in the state treasury to be used
2 26 for payment of state employees' workers' compensation claims
2 27 and administrative costs. Notwithstanding section 8.33,
2 28 unencumbered or unobligated moneys remaining in this workers'
2 29 compensation fund at the end of the fiscal year shall not
2 30 revert but shall be available for expenditure for purposes of
2 31 the fund for subsequent fiscal years.
2 32 4. For the fiscal year beginning July 1, 2009, and ending
2 33 June 30, 2010, the rate set for a service provided solely by
2 34 the department of administrative services as determined
2 35 pursuant to section 8.6, subsection 16, paragraph "c", shall
3 1 not exceed the rate set for that service as of January 1,
3 2 2009.
3 3 Sec. 2. REVOLVING FUNDS. There is appropriated to the
3 4 department of administrative services for the fiscal year
3 5 beginning July 1, 2009, and ending June 30, 2010, from the
3 6 revolving funds designated in chapter 8A and from internal
3 7 service funds created by the department such amounts as the
3 8 department deems necessary for the operation of the department
3 9 consistent with the requirements of chapter 8A.
3 10 Sec. 3. FUNDING FOR IOWACCESS.
3 11 1. Notwithstanding section 321A.3, subsection 1, for the
3 12 fiscal year beginning July 1, 2009, and ending June 30, 2010,
3 13 the first $1,000,000 collected and transferred by the
3 14 department of transportation to the treasurer of state with
3 15 respect to the fees for transactions involving the furnishing
3 16 of a certified abstract of a vehicle operating record under
3 17 section 321A.3, subsection 1, shall be transferred to the
3 18 IowAccess revolving fund established by section 8A.224 and
3 19 administered by the department of administrative services for
3 20 the purposes of developing, implementing, maintaining, and
3 21 expanding electronic access to government records as provided
3 22 by law.
3 23 2. All fees collected with respect to transactions
3 24 involving IowAccess shall be deposited in the IowAccess
3 25 revolving fund and shall be used only for the support of
3 26 IowAccess projects.
3 27 Sec. 4. STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION
3 28 CHARGE. For the fiscal year beginning July 1, 2009, and
3 29 ending June 30, 2010, the monthly per contract administrative
3 30 charge which may be assessed by the department of
3 31 administrative services shall be $2 per contract on all health
3 32 insurance plans administered by the department.
3 33 Sec. 5. AUDITOR OF STATE.
3 34 1. There is appropriated from the general fund of the
3 35 state to the office of the auditor of state for the fiscal
4 1 year beginning July 1, 2009, and ending June 30, 2010, the
4 2 following amount, or so much thereof as is necessary, to be
4 3 used for the purposes designated:
4 4 For salaries, support, maintenance, and miscellaneous
4 5 purposes, and for not more than the following full=time
4 6 equivalent positions:
4 7 .................................................. $ 905,468
4 8 ............................................... FTEs 103.00
4 9 The auditor of state may retain additional full=time
4 10 equivalent positions as is reasonable and necessary to perform
4 11 governmental subdivision audits which are reimbursable
4 12 pursuant to section 11.20 or 11.21, to perform audits which
4 13 are requested by and reimbursable from the federal government,
4 14 and to perform work requested by and reimbursable from
4 15 departments or agencies pursuant to section 11.5A or 11.5B.
4 16 The auditor of state shall notify the department of
4 17 management, the legislative fiscal committee, and the
4 18 legislative services agency of the additional full=time
4 19 equivalent positions retained.
4 20 2. As a condition of receiving funding appropriated in
4 21 this section, for the fiscal year beginning July 1, 2009, and
4 22 ending June 30, 2010, the auditor shall comply with all of the
4 23 following requirements:
4 24 a. The rates and fees set by the auditor to conduct audits
4 25 for the fiscal year shall not exceed the rates and fees set
4 26 for conducting audits as of January 1, 2009.
4 27 b. The auditor shall not seek reimbursement from
4 28 departments and agencies specified in section 11.5B in an
4 29 amount that exceeds the total amount reimbursed to the auditor
4 30 by those departments and agencies for the fiscal year
4 31 beginning July 1, 2008.
4 32 c. The auditor shall not seek reimbursement from
4 33 governmental subdivisions for audits which are reimbursable
4 34 pursuant to section 11.20 or 11.21 in an amount that exceeds
4 35 the total amount reimbursed to the auditor by governmental
5 1 subdivisions for the fiscal year beginning July 1, 2008.
5 2 Sec. 6. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There
5 3 is appropriated from the general fund of the state to the Iowa
5 4 ethics and campaign disclosure board for the fiscal year
5 5 beginning July 1, 2009, and ending June 30, 2010, the
5 6 following amount, or so much thereof as is necessary, for the
5 7 purposes designated:
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 .................................................. $ 523,000
5 12 ............................................... FTEs 6.00
5 13 Sec. 7. DEPARTMENT OF COMMERCE. There is appropriated
5 14 from the general fund of the state to the department of
5 15 commerce for the fiscal year beginning July 1, 2009, and
5 16 ending June 30, 2010, the following amounts, or so much
5 17 thereof as is necessary, for the purposes designated:
5 18 1. ALCOHOLIC BEVERAGES DIVISION
5 19 For salaries, support, maintenance, and miscellaneous
5 20 purposes, and for not more than the following full=time
5 21 equivalent positions:
5 22 .................................................. $ 2,007,160
5 23 ............................................... FTEs 37.00
5 24 2. BANKING DIVISION
5 25 a. Banking. For salaries, support, maintenance, and
5 26 miscellaneous purposes, and for not more than the following
5 27 full=time equivalent positions:
5 28 .................................................. $ 8,063,060
5 29 ............................................... FTEs 73.00
5 30 b. Professional licensing and regulation. For salaries,
5 31 support, maintenance, and miscellaneous purposes, and for not
5 32 more than the following full=time equivalent positions:
5 33 .................................................. $ 900,553
5 34 ............................................... FTEs 16.00
5 35 3. CREDIT UNION DIVISION
6 1 For salaries, support, maintenance, and miscellaneous
6 2 purposes, and for not more than the following full=time
6 3 equivalent positions:
6 4 .................................................. $ 1,608,388
6 5 ............................................... FTEs 19.00
6 6 4. INSURANCE DIVISION
6 7 a. For salaries, support, maintenance, and miscellaneous
6 8 purposes, and for not more than the following full=time
6 9 equivalent positions:
6 10 .................................................. $ 4,711,954
6 11 ............................................... FTEs 101.00
6 12 b. For the use of the senior health insurance information
6 13 program:
6 14 .................................................. $ 52,253
6 15 c. The insurance division may reallocate authorized full=
6 16 time equivalent positions as necessary to respond to
6 17 accreditation recommendations or requirements. The insurance
6 18 division expenditures for examination purposes may exceed the
6 19 projected receipts, refunds, and reimbursements, estimated
6 20 pursuant to section 505.7, subsection 7, including the
6 21 expenditures for retention of additional personnel, if the
6 22 expenditures are fully reimbursable and the division first
6 23 does both of the following:
6 24 (1) Notifies the department of management, the legislative
6 25 services agency, and the legislative fiscal committee of the
6 26 need for the expenditures.
6 27 (2) Files with each of the entities named in subparagraph
6 28 (1) the legislative and regulatory justification for the
6 29 expenditures, along with an estimate of the expenditures.
6 30 d. The insurance division shall allocate $10,000 from the
6 31 examination receipts for the payment of its fees to the
6 32 national conference of insurance legislators.
6 33 5. UTILITIES DIVISION
6 34 a. For salaries, support, maintenance, and miscellaneous
6 35 purposes, and for not more than the following full=time
7 1 equivalent positions:
7 2 .................................................. $ 7,255,940
7 3 ............................................... FTEs 79.00
7 4 b. The utilities division may expend additional funds,
7 5 including funds for additional personnel, if those additional
7 6 expenditures are actual expenses which exceed the funds
7 7 budgeted for utility regulation and the expenditures are fully
7 8 reimbursable. Before the division expends or encumbers an
7 9 amount in excess of the funds budgeted for regulation, the
7 10 division shall first do both of the following:
7 11 (1) Notify the department of management, the legislative
7 12 services agency, and the legislative fiscal committee of the
7 13 need for the expenditures.
7 14 (2) File with each of the entities named in subparagraph
7 15 (1) the legislative and regulatory justification for the
7 16 expenditures, along with an estimate of the expenditures.
7 17 c. Notwithstanding sections 8.33 and 476.10 or any other
7 18 provision to the contrary, any balance of the appropriation
7 19 made in this subsection for the utilities division or any
7 20 other operational appropriation made for the fiscal year
7 21 beginning July 1, 2009, and ending June 30, 2010, that remains
7 22 unused, unencumbered, or unobligated at the close of the
7 23 fiscal year shall not revert but shall remain available to be
7 24 used for purposes of the energy=efficient building project
7 25 authorized under section 476.10B, or for relocation costs in
7 26 succeeding fiscal years.
7 27 6. CHARGES == TRAVEL
7 28 Each division and the office of consumer advocate shall
7 29 include in its charges assessed or revenues generated an
7 30 amount sufficient to cover the amount stated in its
7 31 appropriation and any state=assessed indirect costs determined
7 32 by the department of administrative services. The director of
7 33 the department of commerce shall review on a quarterly basis
7 34 all out=of=state travel for the previous quarter for officers
7 35 and employees of each division of the department if the travel
8 1 is not already authorized by the executive council.
8 2 Sec. 8. DEPARTMENT OF COMMERCE == PROFESSIONAL LICENSING
8 3 AND REGULATION BUREAU. There is appropriated from the housing
8 4 trust fund of the Iowa finance authority created in section
8 5 16.181, to the bureau of professional licensing and regulation
8 6 of the banking division of the department of commerce for the
8 7 fiscal year beginning July 1, 2009, and ending June 30, 2010,
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:
8 12 .................................................. $ 62,317
8 13 Sec. 9. GOVERNOR AND LIEUTENANT GOVERNOR. There is
8 14 appropriated from the general fund of the state to the offices
8 15 of the governor and the lieutenant governor for the fiscal
8 16 year beginning July 1, 2009, and ending June 30, 2010, the
8 17 following amounts, or so much thereof as is necessary, to be
8 18 used for the purposes designated:
8 19 1. GENERAL OFFICE
8 20 For salaries, support, maintenance, and miscellaneous
8 21 purposes for the general office of the governor and the
8 22 general office of the lieutenant governor, and for not more
8 23 than the following full=time equivalent positions:
8 24 .................................................. $ 1,893,857
8 25 ............................................... FTEs 25.25
8 26 2. TERRACE HILL QUARTERS
8 27 For salaries, support, maintenance, and miscellaneous
8 28 purposes for the governor's quarters at Terrace Hill, and for
8 29 not more than the following full=time equivalent positions:
8 30 .................................................. $ 438,101
8 31 ............................................... FTEs 10.00
8 32 3. ADMINISTRATIVE RULES COORDINATOR
8 33 For salaries, support, maintenance, and miscellaneous
8 34 purposes for the office of administrative rules coordinator,
8 35 and for not more than the following full=time equivalent
9 1 positions:
9 2 .................................................. $ 141,297
9 3 ............................................... FTEs 3.00
9 4 4. NATIONAL GOVERNORS ASSOCIATION
9 5 For payment of Iowa's membership in the national governors
9 6 association:
9 7 .................................................. $ 70,783
9 8 5. STATE=FEDERAL RELATIONS
9 9 For salaries, support, maintenance, and miscellaneous
9 10 purposes for the office for state=federal relations, and for
9 11 not more than the following full=time equivalent positions:
9 12 .................................................. $ 46,620
9 13 ............................................... FTEs 1.00
9 14 Sec. 10. GOVERNOR'S OFFICE OF DRUG CONTROL POLICY. There
9 15 is appropriated from the general fund of the state to the
9 16 governor's office of drug control policy for the fiscal year
9 17 beginning July 1, 2009, and ending June 30, 2010, the
9 18 following amount, or so much thereof as is necessary, to be
9 19 used for the purposes designated:
9 20 For salaries, support, maintenance, and miscellaneous
9 21 purposes, including statewide coordination of the drug abuse
9 22 resistance education (D.A.R.E.) programs or similar programs,
9 23 and for not more than the following full=time equivalent
9 24 positions:
9 25 .................................................. $ 348,368
9 26 ............................................... FTEs 8.00
9 27 Sec. 11. DEPARTMENT OF HUMAN RIGHTS. There is
9 28 appropriated from the general fund of the state to the
9 29 department of human rights for the fiscal year beginning July
9 30 1, 2009, and ending June 30, 2010, the following amounts, or
9 31 so much thereof as is necessary, to be used for the purposes
9 32 designated:
9 33 1. CENTRAL ADMINISTRATION 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 .................................................. $ 306,777
10 3 ............................................... FTEs 7.00
10 4 2. DEAF SERVICES 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 .................................................. $ 378,792
10 9 ............................................... FTEs 6.00
10 10 3. STATUS OF IOWANS OF ASIAN AND PACIFIC ISLANDER HERITAGE
10 11 DIVISION
10 12 For salaries, support, maintenance, and miscellaneous
10 13 purposes, and for not more than the following full=time
10 14 equivalent positions:
10 15 .................................................. $ 133,430
10 16 ............................................... FTEs 1.00
10 17 4. PERSONS WITH DISABILITIES DIVISION
10 18 For salaries, support, maintenance, and miscellaneous
10 19 purposes, and for not more than the following full=time
10 20 equivalent positions:
10 21 .................................................. $ 208,231
10 22 ............................................... FTEs 3.20
10 23 5. LATINO AFFAIRS 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 .................................................. $ 178,100
10 28 ............................................... FTEs 3.00
10 29 6. STATUS OF WOMEN DIVISION
10 30 For salaries, support, maintenance, and miscellaneous
10 31 purposes, including the domestic violence and sexual
10 32 assault=related grants, and for not more than the following
10 33 full=time equivalent positions:
10 34 .................................................. $ 315,883
10 35 ............................................... FTEs 4.00
11 1 7. STATUS OF AFRICAN=AMERICANS DIVISION
11 2 For salaries, support, maintenance, and miscellaneous
11 3 purposes, and for not more than the following full=time
11 4 equivalent positions:
11 5 .................................................. $ 166,796
11 6 ............................................... FTEs 2.00
11 7 8. NATIVE AMERICAN AFFAIRS DIVISION
11 8 For operation costs and travel reimbursement for members of
11 9 the commission on Native American affairs:
11 10 .................................................. $ 5,352
11 11 9. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION
11 12 For salaries, support, maintenance, and miscellaneous
11 13 purposes, and for not more than the following full=time
11 14 equivalent positions:
11 15 .................................................. $ 1,427,472
11 16 ............................................... FTEs 11.18
11 17 The criminal and juvenile justice planning advisory council
11 18 and the juvenile justice advisory council shall coordinate
11 19 their efforts in carrying out their respective duties relative
11 20 to juvenile justice.
11 21 10. SHARED STAFF
11 22 The divisions of the department of human rights shall
11 23 retain their individual administrators, but shall share staff
11 24 to the greatest extent possible.
11 25 11. DEPARTMENT STUDY == REPORT
11 26 The department of human rights shall conduct a study to
11 27 examine the organization and duties of the department and
11 28 whether reorganizing the structure of the department could
11 29 provide enhanced services to Iowans in a more efficient
11 30 manner. The department shall submit a written report to the
11 31 general assembly by January 1, 2010, concerning the results of
11 32 the study, including its findings and recommendations.
11 33 Sec. 12. DEPARTMENT OF INSPECTIONS AND APPEALS. There is
11 34 appropriated from the general fund of the state to the
11 35 department of inspections and appeals for the fiscal year
12 1 beginning July 1, 2009, and ending June 30, 2010, the
12 2 following amounts, or so much thereof as is necessary, for the
12 3 purposes designated:
12 4 1. ADMINISTRATION DIVISION
12 5 For salaries, support, maintenance, and miscellaneous
12 6 purposes, and for not more than the following full=time
12 7 equivalent positions:
12 8 .................................................. $ 2,005,011
12 9 ............................................... FTEs 39.25
12 10 As a condition of receiving funding appropriated in this
12 11 subsection, the department shall maintain the targeted small
12 12 business certification employee position within the division.
12 13 2. ADMINISTRATIVE HEARINGS DIVISION
12 14 For salaries, support, maintenance, and miscellaneous
12 15 purposes, and for not more than the following full=time
12 16 equivalent positions:
12 17 .................................................. $ 677,317
12 18 ............................................... FTEs 24.00
12 19 3. INVESTIGATIONS DIVISION
12 20 For salaries, support, maintenance, and miscellaneous
12 21 purposes, and for not more than the following full=time
12 22 equivalent positions:
12 23 .................................................. $ 1,452,962
12 24 ............................................... FTEs 50.00
12 25 4. HEALTH FACILITIES DIVISION
12 26 For salaries, support, maintenance, and miscellaneous
12 27 purposes, and for not more than the following full=time
12 28 equivalent positions:
12 29 .................................................. $ 2,235,383
12 30 ............................................... FTEs 140.75
12 31 5. EMPLOYMENT APPEAL BOARD
12 32 For salaries, support, maintenance, and miscellaneous
12 33 purposes, and for not more than the following full=time
12 34 equivalent positions:
12 35 .................................................. $ 51,465
13 1 ............................................... FTEs 15.00
13 2 The employment appeal board shall be reimbursed by the
13 3 labor services division of the department of workforce
13 4 development for all costs associated with hearings conducted
13 5 under chapter 91C, related to contractor registration. The
13 6 board may expend, in addition to the amount appropriated under
13 7 this subsection, additional amounts as are directly billable
13 8 to the labor services division under this subsection and to
13 9 retain the additional full=time equivalent positions as needed
13 10 to conduct hearings required pursuant to chapter 91C.
13 11 6. CHILD ADVOCACY BOARD
13 12 For foster care review and the court appointed special
13 13 advocate program, including salaries, support, maintenance,
13 14 and miscellaneous purposes, and for not more than the
13 15 following full=time equivalent positions:
13 16 .................................................. $ 2,920,367
13 17 ............................................... FTEs 45.12
13 18 a. The department of human services, in coordination with
13 19 the child advocacy board and the department of inspections and
13 20 appeals, shall submit an application for funding available
13 21 pursuant to Title IV=E of the federal Social Security Act for
13 22 claims for child advocacy board administrative review costs.
13 23 b. The court appointed special advocate program shall
13 24 investigate and develop opportunities for expanding fund=
13 25 raising for the program.
13 26 c. Administrative costs charged by the department of
13 27 inspections and appeals for items funded under this subsection
13 28 shall not exceed 4 percent of the amount appropriated in this
13 29 subsection.
13 30 d. Notwithstanding any provision of sections 237.18 and
13 31 237.20 to the contrary, the child advocacy board may establish
13 32 up to six pilot projects using alternative policies to guide
13 33 the selection of cases and the procedures used by local
13 34 citizen foster care review boards as they review cases of
13 35 children who received or are receiving foster care or other
14 1 out=of=home placement services while under the supervision of
14 2 the department of human services. Policies to guide the pilot
14 3 project case selection, review time frames and reporting
14 4 formats shall be approved by the department of human services,
14 5 state court administrator, and the chief judge of any judicial
14 6 district in which a pilot project is to be implemented. The
14 7 child advocacy board shall report to the governor and general
14 8 assembly by January 1, 2010, on the progress of any new
14 9 approaches and their impact on efficiencies and case outcomes.
14 10 Sec. 13. RACING AND GAMING COMMISSION.
14 11 1. RACETRACK REGULATION
14 12 There is appropriated from the general fund of the state to
14 13 the racing and gaming commission of the department of
14 14 inspections and appeals for the fiscal year beginning July 1,
14 15 2009, and ending June 30, 2010, the following amount, or so
14 16 much thereof as is necessary, to be used for the purposes
14 17 designated:
14 18 For salaries, support, maintenance, and miscellaneous
14 19 purposes for the regulation of pari=mutuel racetracks, and for
14 20 not more than the following full=time equivalent positions:
14 21 .................................................. $ 2,653,308
14 22 ............................................... FTEs 28.53
14 23 2. EXCURSION BOAT AND GAMBLING STRUCTURE REGULATION
14 24 There is appropriated from the general fund of the state to
14 25 the racing and gaming commission of the department of
14 26 inspections and appeals for the fiscal year beginning July 1,
14 27 2009, and ending June 30, 2010, the following amount, or so
14 28 much thereof as is necessary, to be used for the purposes
14 29 designated:
14 30 For salaries, support, maintenance, and miscellaneous
14 31 purposes for administration and enforcement of the excursion
14 32 boat gambling and gambling structure laws, and for not more
14 33 than the following full=time equivalent positions:
14 34 .................................................. $ 3,050,753
14 35 ............................................... FTEs 42.22
15 1 Sec. 14. ROAD USE TAX FUND APPROPRIATION == DEPARTMENT OF
15 2 INSPECTIONS AND APPEALS. There is appropriated from the road
15 3 use tax fund to the administrative hearings division of the
15 4 department of inspections and appeals for the fiscal year
15 5 beginning July 1, 2009, and ending June 30, 2010, the
15 6 following amount, or so much thereof as is necessary, for the
15 7 purposes designated:
15 8 For salaries, support, maintenance, and miscellaneous
15 9 purposes:
15 10 .................................................. $ 1,623,897
15 11 Sec. 15. DEPARTMENT OF MANAGEMENT. There is appropriated
15 12 from the general fund of the state to the department of
15 13 management for the fiscal year beginning July 1, 2009, and
15 14 ending June 30, 2010, the following amounts, or so much
15 15 thereof as is necessary, to be used for the purposes
15 16 designated:
15 17 1. For salaries, support, maintenance, and miscellaneous
15 18 purposes, and for not more than the following full=time
15 19 equivalent positions:
15 20 .................................................. $ 2,811,511
15 21 ............................................... FTEs 36.50
15 22 Of the moneys appropriated in this subsection, the
15 23 department shall use a portion for enterprise resource
15 24 planning, providing for a salary model administrator,
15 25 conducting performance audits, and for the department's LEAN
15 26 process.
15 27 2. For establishing a searchable budget and tax rate
15 28 database and website:
15 29 .................................................. $ 5,000
15 30 3. For transfer to the open meetings, public records, and
15 31 privacy advisory committee, if enacted by the 2009 Session of
15 32 the Eighty=third General Assembly, for expenses for meetings
15 33 of the advisory committee:
15 34 .................................................. $ 5,500
15 35 Sec. 16. ROAD USE TAX APPROPRIATION. There is
16 1 appropriated from the road use tax fund to the department of
16 2 management for the fiscal year beginning July 1, 2009, and
16 3 ending June 30, 2010, the following amount, or so much thereof
16 4 as is necessary, to be used for the purposes designated:
16 5 For salaries, support, maintenance, and miscellaneous
16 6 purposes:
16 7 .................................................. $ 56,000
16 8 Sec. 17. DEPARTMENT OF REVENUE. There is appropriated
16 9 from the general fund of the state to the department of
16 10 revenue for the fiscal year beginning July 1, 2009, and ending
16 11 June 30, 2010, the following amounts, or so much thereof as is
16 12 necessary, to be used for the purposes designated:
16 13 For salaries, support, maintenance, and miscellaneous
16 14 purposes, and for not more than the following full=time
16 15 equivalent positions:
16 16 ................................................. $ 22,754,688
16 17 ............................................... FTEs 400.00
16 18 Of the funds appropriated pursuant to this section,
16 19 $400,000 shall be used to pay the direct costs of compliance
16 20 related to the collection and distribution of local sales and
16 21 services taxes imposed pursuant to chapters 423B and 423E.
16 22 The director of revenue shall prepare and issue a state
16 23 appraisal manual and the revisions to the state appraisal
16 24 manual as provided in section 421.17, subsection 17, without
16 25 cost to a city or county.
16 26 Sec. 18. MOTOR VEHICLE FUEL TAX APPROPRIATION. There is
16 27 appropriated from the motor fuel tax fund created by section
16 28 452A.77 to the department of revenue for the fiscal year
16 29 beginning July 1, 2009, and ending June 30, 2010, the
16 30 following amount, or so much thereof as is necessary, to be
16 31 used for the purposes designated:
16 32 For salaries, support, maintenance, and miscellaneous
16 33 purposes for administration and enforcement of the provisions
16 34 of chapter 452A and the motor vehicle use tax program:
16 35 .................................................. $ 1,305,775
17 1 Sec. 19. SECRETARY OF STATE. There is appropriated from
17 2 the general fund of the state to the office of the secretary
17 3 of state for the fiscal year beginning July 1, 2009, and
17 4 ending June 30, 2010, the following amounts, or so much
17 5 thereof as is necessary, to be used for the purposes
17 6 designated:
17 7 For salaries, support, maintenance, and miscellaneous
17 8 purposes, and for not more than the following full=time
17 9 equivalent positions:
17 10 .................................................. $ 3,217,317
17 11 ............................................... FTEs 44.00
17 12 The state department or state agency which provides data
17 13 processing services to support voter registration file
17 14 maintenance and storage shall provide those services without
17 15 charge.
17 16 Sec. 20. SECRETARY OF STATE FILING FEES REFUND.
17 17 Notwithstanding the obligation to collect fees pursuant to the
17 18 provisions of section 490.122, subsection 1, paragraphs "a"
17 19 and "s", and section 504.113, subsection 1, paragraphs "a",
17 20 "c", "d", "j", "k", "l", and "m", for the fiscal year
17 21 beginning July 1, 2009, and ending June 30, 2010, the
17 22 secretary of state may refund these fees to the filer pursuant
17 23 to rules established by the secretary of state. The decision
17 24 of the secretary of state not to issue a refund under rules
17 25 established by the secretary of state is final and not subject
17 26 to review pursuant to the provisions of the Iowa
17 27 administrative procedure Act, chapter 17A.
17 28 Sec. 21. TREASURER. There is appropriated from the
17 29 general fund of the state to the office of treasurer of state
17 30 for the fiscal year beginning July 1, 2009, and ending June
17 31 30, 2010, the following amount, or so much thereof as is
17 32 necessary, to be used for the purposes designated:
17 33 For salaries, support, maintenance, and miscellaneous
17 34 purposes, and for not more than the following full=time
17 35 equivalent positions:
18 1 .................................................. $ 949,210
18 2 ............................................... FTEs 28.80
18 3 The office of treasurer of state shall supply clerical and
18 4 secretarial support for the executive council.
18 5 Sec. 22. ROAD USE TAX APPROPRIATION. There is
18 6 appropriated from the road use tax fund to the office of
18 7 treasurer of state for the fiscal year beginning July 1, 2009,
18 8 and ending June 30, 2010, the following amount, or so much
18 9 thereof as necessary, to be used for the purposes designated:
18 10 For enterprise resource management costs related to the
18 11 distribution of road use tax funds:
18 12 .................................................. $ 93,148
18 13 Sec. 23. IPERS == GENERAL OFFICE. There is appropriated
18 14 from the Iowa public employees' retirement system fund to the
18 15 Iowa public employees' retirement system for the fiscal year
18 16 beginning July 1, 2009, and ending June 30, 2010, the
18 17 following amount, or so much thereof as is necessary, to be
18 18 used for the purposes designated:
18 19 For salaries, support, maintenance, and other operational
18 20 purposes to pay the costs of the Iowa public employees'
18 21 retirement system, and for not more than the following full=
18 22 time equivalent positions:
18 23 .................................................. $ 18,001,480
18 24 ............................................... FTEs 95.13
18 25 Sec. 24. REBUILD IOWA OFFICE. There is appropriated from
18 26 the general fund of the state to the rebuild Iowa office for
18 27 the fiscal year beginning July 1, 2009, and ending June 30,
18 28 2010, the following amount, or so much thereof as is
18 29 necessary, to be used for the purposes designated:
18 30 For salaries, support, maintenance, miscellaneous purposes,
18 31 and for not more than the following full=time equivalent
18 32 positions:
18 33 .................................................. $ 198,277
18 34 ............................................... FTEs 12.00
18 35 It is the intent of the general assembly that,
19 1 pursuant to 2009 Iowa Acts, House File 64, the rebuild
19 2 Iowa office shall be repealed effective June 30, 2011,
19 3 and shall not receive an appropriation from the
19 4 general fund of the state after that date.
19 5 Sec. 25. STATE EMPLOYEE POSITIONS. The director of a
19 6 department or state agency to which appropriations are made
19 7 pursuant to the provisions of this Act shall implement
19 8 cost=saving strategies designed to prevent, to the extent
19 9 possible, permanent layoffs of state employees within that
19 10 department or state agency.
19 11 Sec. 26. OUT=OF=STATE TRAVEL == RESTRICTIONS.
19 12 Notwithstanding any provision to the contrary, for the fiscal
19 13 year beginning July 1, 2009, and ending June 30, 2010,
19 14 out=of=state travel by an employee of a department or state
19 15 agency to which appropriations are made pursuant to the
19 16 provisions of this Act shall not be authorized unless the
19 17 executive council authorizes the travel as necessary for the
19 18 performance of official state business.
19 19 Sec. 27. EXPENSE REIMBURSEMENT == REQUIREMENTS.
19 20 Notwithstanding any provision to the contrary, for the fiscal
19 21 year beginning July 1, 2009, and ending June 30, 2010, the
19 22 director of a department or state agency to which
19 23 appropriations are made pursuant to the provisions of this Act
19 24 shall require employees, in order to receive reimbursement for
19 25 expense, to submit actual receipts for meals and other costs
19 26 and reimbursement up to the maximum amount shall only be
19 27 allowed in an amount equal to the sum of the actual receipts
19 28 submitted.
19 29 Sec. 28. LEGISLATIVE EX OFFICIO BOARD MEMBERS ==
19 30 COMPENSATION RESTRICTIONS. Notwithstanding any provision to
19 31 the contrary, for the fiscal year beginning July 1, 2009, and
19 32 ending June 30, 2010, members of the general assembly who are
19 33 ex officio members of boards, committees, commissions, or
19 34 councils shall not be authorized to receive per diem and
19 35 expenses for service on the applicable board, committee,
20 1 commission, or council.
20 2 Sec. 29. VEHICLE PURCHASES == LIMITATIONS. Except for
20 3 vehicles utilized for law enforcement purposes, motor vehicles
20 4 purchased by the department of administrative services shall
20 5 not, unless inclusion of the item is part of the lowest cost
20 6 package available for the vehicle purchased, include any of
20 7 the following items:
20 8 1. Tube steps.
20 9 2. Upgraded floor mats.
20 10 3. Winches, unless otherwise necessary for use in an
20 11 off=road vehicle.
20 12 4. Upgraded paint in order to match the topper to the
20 13 vehicle.
20 14 5. Global positioning systems.
20 15 6. Satellite radio, compact disc players, bluetooth
20 16 capability, or upgraded stereo systems.
20 17 7. Leather seats.
20 18 Sec. 30. EFFECTIVE DATE. The section of this division of
20 19 the Act limiting vehicle purchases by the department of
20 20 administrative services, being deemed of immediate importance,
20 21 takes effect upon enactment.
20 22 DIVISION II
20 23 MISCELLANEOUS PROVISIONS
20 24 Sec. 31. Section 8A.454, subsection 4, Code 2009, is
20 25 amended to read as follows:
20 26 4. This section is repealed July 1, 2009 2010.
20 27 Sec. 32. 2008 Iowa Acts, chapter 1176, section 5,
20 28 subsection 1, is amended to read as follows:
20 29 1. If any federal funding is received for the same or
20 30 similar purposes authorized in section 47.10, as enacted by
20 31 this Act, of the amount appropriated in this section, $61,000
20 32 is allocated for matching such federal funding, and an amount
20 33 equal to the federal funding received shall revert from the
20 34 amount appropriated to the rebuild Iowa infrastructure fund at
20 35 the end of the fiscal year.
21 1 Sec. 33. EFFECTIVE DATES == RETROACTIVE APPLICABILITY.
21 2 1. The section of this division of this Act amending
21 3 section 8A.454, being deemed of immediate importance, takes
21 4 effect upon enactment.
21 5 2. The section of this division of this Act amending 2008
21 6 Iowa Acts, chapter 1176, section 5, subsection 1, being deemed
21 7 of immediate importance, takes effect upon enactment and is
21 8 retroactively applicable to federal funding received on and
21 9 after April 1, 2008.
21 10 DIVISION III
21 11 GRANTS MANAGEMENT
21 12 Sec. 34. Section 8.7, Code 2009, is amended to read as
21 13 follows:
21 14 8.7 REPORTING OF GIFTS, AND BEQUESTS, AND GRANTS RECEIVED.
21 15 All gifts, and bequests, and grants received by a
21 16 department or accepted by the governor on behalf of the state
21 17 shall be reported to the Iowa ethics and campaign disclosure
21 18 board and the government oversight committees. The ethics and
21 19 campaign disclosure board shall, by January 31 of each year,
21 20 submit to the fiscal services division of the legislative
21 21 services agency a written report listing all gifts, and
21 22 bequests, and grants received during the previous calendar
21 23 year with a value over one thousand dollars and the purpose
21 24 for each such gift, or bequest, or grant. The submission
21 25 shall also include a listing of all gifts, and bequests, and
21 26 grants received by a department from a person if the
21 27 cumulative value of all gifts, and bequests, and grants
21 28 received by the department from the person during the previous
21 29 calendar year exceeds one thousand dollars, and the ethics and
21 30 campaign disclosure board shall include, if available, the
21 31 purpose for each such gift, or bequest, or grant. However,
21 32 the reports on gifts, or bequests, or grants filed by the
21 33 state board of regents pursuant to section 8.44 shall be
21 34 deemed sufficient to comply with the requirements of this
21 35 section.
22 1 Sec. 35. Section 8.11, subsection 3, Code 2009, is amended
22 2 by striking the subsection.
22 3 Sec. 36. Section 8A.505, subsection 2, Code 2009, is
22 4 amended by striking the subsection.
22 5 Sec. 37. Section 68B.32, subsection 1, Code 2009, is
22 6 amended to read as follows:
22 7 1. An Iowa ethics and campaign disclosure board is
22 8 established as an independent agency. The board shall
22 9 administer this chapter and set standards for, investigate
22 10 complaints relating to, and monitor the ethics of officials,
22 11 employees, lobbyists, and candidates for office in the
22 12 executive branch of state government. The board shall
22 13 administer and set standards for, investigate complaints
22 14 relating to, and monitor the campaign finance practices of
22 15 candidates for public office. The board shall administer and
22 16 establish standards for, investigate complaints relating to,
22 17 and monitor the reporting of gifts, and bequests, and grants
22 18 under section 8.7. The board shall consist of six members and
22 19 shall be balanced as to political affiliation as provided in
22 20 section 69.16. The members shall be appointed by the
22 21 governor, subject to confirmation by the senate.
22 22 Sec. 38. Section 68B.32A, subsection 5, Code 2009, is
22 23 amended to read as follows:
22 24 5. Receive and file registration and reports from
22 25 lobbyists of the executive branch of state government, client
22 26 disclosure from clients of lobbyists of the executive branch
22 27 of state government, personal financial disclosure information
22 28 from officials and employees in the executive branch of state
22 29 government who are required to file personal financial
22 30 disclosure information under this chapter, and gift, and
22 31 bequest, and grant disclosure information pursuant to section
22 32 8.7. The board, upon its own motion, may initiate action and
22 33 conduct a hearing relating to reporting requirements under
22 34 this chapter or section 8.7.
22 35 Sec. 39. Sections 8.9 and 8.10, Code 2009, are repealed.
23 1 DIVISION IV
23 2 TREASURER OF STATE PROVISIONS
23 3 Sec. 40. NEW SECTION. 12.9 EMPLOYEE CLASSIFICATIONS.
23 4 In addition to public employees listed in section 20.4,
23 5 public employees of the treasurer of state who hold positions
23 6 that are classified in the administrative assistant series and
23 7 executive officer series are excluded from chapter 20.
23 8 Sec. 41. Section 556.17, subsections 1 and 2, Code 2009,
23 9 are amended to read as follows:
23 10 1. All abandoned property other than money delivered to
23 11 the treasurer of state under this chapter which remains
23 12 unclaimed one year after the delivery to the treasurer may be
23 13 sold to the highest bidder at public sale in any city in the
23 14 state in a manner that affords in the treasurer's judgment the
23 15 most favorable market for the property involved. The
23 16 treasurer of state may decline the highest bid and reoffer the
23 17 property for sale if the treasurer considers the price bid
23 18 insufficient. The treasurer need not offer any property for
23 19 sale if, in the treasurer's opinion, the probable cost of sale
23 20 exceeds the value of the property. The treasurer may order
23 21 destruction of the property when the treasurer has determined
23 22 that the probable cost of offering the property for sale
23 23 exceeds the value of the property. If the treasurer
23 24 determines that the property delivered does not have any
23 25 substantial commercial value, the treasurer may destroy or
23 26 otherwise dispose of the property at any time. An action or
23 27 proceeding may not be maintained against the treasurer or any
23 28 officer or against the holder for or on account of an act the
23 29 treasurer made under this section, except for intentional
23 30 misconduct or malfeasance.
23 31 2. a. Any sale held or destruction ordered under this
23 32 section shall be preceded by a single publication of notice of
23 33 the sale or destruction order at least three weeks in advance
23 34 of sale or destruction in an English language newspaper of
23 35 general circulation in the county where the property is to be
24 1 sold or, for the destruction, in the county from which the
24 2 property was received, or in an English language newspaper of
24 3 general circulation in the state.
24 4 b. If the treasurer holds an internet auction or a sale on
24 5 the internet, the treasurer may elect to provide notice of the
24 6 sale or auction on the treasurer's website at least seven days
24 7 in advance of the sale or auction in lieu of providing notice
24 8 as otherwise provided in accordance with paragraph "a".
24 9 DIVISION V
24 10 SEARCHABLE BUDGET AND TAX RATE DATABASES
24 11 Sec. 42. Section 8A.104, Code 2009, is amended by adding
24 12 the following new subsection:
24 13 NEW SUBSECTION. 12A. BUDGET AND TAX RATE DATABASES.
24 14 Develop and make available to the public a searchable budget
24 15 database as required under chapter 8G, division I, and to
24 16 develop and make available to the public a searchable tax rate
24 17 database as required under chapter 8G, division II and to make
24 18 both databases available on the same website.
24 19 DIVISION VI
24 20 SEARCHABLE BUDGET DATABASE FOR STATE SPENDING
24 21 Sec. 43. NEW SECTION. 8G.1 INTENT == FINDINGS.
24 22 The general assembly finds that taxpayers should be able to
24 23 easily access the details on how the state is spending their
24 24 tax dollars and the performance results achieved for those
24 25 expenditures. Therefore, it is the intent of the general
24 26 assembly to direct the department of administrative services
24 27 to create and maintain a searchable budget database website
24 28 detailing where tax dollars are expended, the purposes for
24 29 which tax dollars are expended, the special interest tax
24 30 credits allowed, and the results achieved for all taxpayer
24 31 investments in state government.
24 32 Sec. 44. NEW SECTION. 8G.2 SHORT TITLE.
24 33 This division shall be known as and may be cited as the
24 34 "Openness Promotes Efficiency Now Act".
24 35 Sec. 45. NEW SECTION. 8G.3 DEFINITIONS.
25 1 As used in this division, unless the context otherwise
25 2 requires:
25 3 1. "Agency" means a state department, office, board,
25 4 commission, bureau, division, institution, or public
25 5 institution of higher education. "Agency" includes individual
25 6 state agencies and programs, as well as those programs and
25 7 activities that are administered by or involve more than one
25 8 agency. "Agency" includes the judicial branch of government.
25 9 "Agency" includes all elective offices in the executive branch
25 10 of government and the general assembly.
25 11 2. "Director" means the director of the department of
25 12 administrative services.
25 13 3. "Entity" or "recipients" means any of the following:
25 14 a. A corporation.
25 15 b. An association.
25 16 c. An employee union.
25 17 d. A limited liability company.
25 18 e. A limited liability partnership.
25 19 f. Any other legal business entity, including nonprofit
25 20 entities.
25 21 g. A grant recipient.
25 22 h. Contractors.
25 23 i. A county, city, school district, or other local
25 24 government entity.
25 25 "Entity" or "recipients" does not include an individual
25 26 recipient of state assistance.
25 27 4. "Funding action or expenditure" includes details on the
25 28 type of spending that is provided including but not limited to
25 29 grants, contracts, and appropriations. "Funding action or
25 30 expenditure" includes tax exemptions or credits. Where
25 31 possible, an electronic link to the actual grants or contracts
25 32 shall be provided. An electronic link shall be in a format
25 33 that is a searchable document.
25 34 5. "Searchable website" means a website described in
25 35 section 8G.4 that allows the public at no cost to search and
26 1 compile information identified in sections 8G.4 and 8G.12 and
26 2 that is in a format capable of being downloaded.
26 3 5A. "Schedule 6 document" means the document referred to
26 4 as schedule 6 used for the fiscal year beginning July 1, 2009,
26 5 and previous fiscal years that listed for each agency the
26 6 resources available or estimated to be available to it as well
26 7 as a listing of the disposition or proposed disposition of
26 8 those resources and includes the governor's recommendation, if
26 9 any, for that fiscal year. "Schedule 6 document" includes any
26 10 successor schedule that provides similar information. An
26 11 electronic link to the schedule 6 document shall be provided
26 12 in a format that is a searchable document.
26 13 6. "State audit or report" shall include any audit or
26 14 report issued by the auditor of state.
26 15 Sec. 46. NEW SECTION. 8G.4 SEARCHABLE BUDGET DATABASE
26 16 WEBSITE CREATED.
26 17 1. By January 1, 2011, the director shall develop and make
26 18 publicly available a database website for searching,
26 19 accessing, and processing data, including the data required in
26 20 this section, for the most recent state budget. The state
26 21 budget for the fiscal year beginning July 1, 2009, shall
26 22 include the expenditure of funds received through the federal
26 23 American Recovery and Reinvestment Act of 2009. The website
26 24 shall be developed in such a way that the information can be
26 25 provided to other software applications, including internet
26 26 software applications, in a manner and format that allows such
26 27 software applications to access and interpret the data using
26 28 the internal programming of the software applications.
26 29 2. The searchable website developed pursuant to this
26 30 section shall allow the public at no cost to search, compile,
26 31 and download information for all of the following:
26 32 a. To the extent practicable and within the bounds of the
26 33 confidentiality provisions, the identity of the entity or
26 34 recipient of state expenditures.
26 35 b. Amount of annual revenues and expenditures for each
27 1 agency's appropriations and funds. To the extent available, a
27 2 schedule 6 document shall be provided or be available by means
27 3 of an electronic link.
27 4 c. Descriptive purpose for the funding or expenditure.
27 5 d. Performance results associated with the agency's
27 6 activities.
27 7 e. Past performance results associated with the agency's
27 8 activities.
27 9 f. State audits or reports relating to the entity or
27 10 recipient of state funds, the budget program or activity, or
27 11 agency.
27 12 g. Any other relevant information specified by the
27 13 director.
27 14 3. In addition to the information to be provided pursuant
27 15 to subsection 2, there shall be provided on the searchable
27 16 website all of the following:
27 17 a. A listing and description of special interest tax
27 18 credits claimed for the individual income tax, corporate
27 19 income tax, franchise tax, and insurance premiums tax. A
27 20 special interest tax credit is a tax credit for which fewer
27 21 than twenty percent of the tax filers in the applicable tax
27 22 category claim the tax credit. For each category of tax the
27 23 website shall list each of the special interest tax credits
27 24 applicable to it, the total amount of that tax credit claimed,
27 25 and the number of taxpayers claiming the tax credit.
27 26 b. The estimated cost to the state of each of the twenty
27 27 sales tax exemptions that account for the largest dollar
27 28 amount share of sales tax exemptions under section 423.3. The
27 29 cost of each exemption shall be listed by county and, in
27 30 addition, stated as a per capita amount for each county. This
27 31 paragraph does not apply to the tax exemptions pursuant to
27 32 section 423.3, subsections 2, 31, 39, 58, 73, and 85.
27 33 4. If the funding source of the revenue expended is the
27 34 grow Iowa values fund created pursuant to section 15G.108, or
27 35 the Iowa power fund created in section 469.9, then in addition
28 1 to any information provided pursuant to subsections 2 and 3,
28 2 there shall be provided on the searchable website all of the
28 3 following:
28 4 a. For financial assistance provided during the fiscal
28 5 year, a listing, per recipient, of the number of jobs pledged
28 6 and the number of jobs actually created. The actual jobs
28 7 created shall be adjusted throughout the year as new figures
28 8 become available.
28 9 b. The total estimated cost to the state in addition to
28 10 the amount of financial assistance awarded, including any
28 11 administrative expenses of the agency or department
28 12 administering the fund.
28 13 c. An allocation by state legislative district and county
28 14 of the total amount of financial assistance awards and the
28 15 number of job creations associated with such awards during the
28 16 fiscal year.
28 17 4A. The director shall provide information on the
28 18 searchable website database that lists interdepartmental
28 19 transfers of appropriations. This information shall be
28 20 provided in a manner that will be easily understood by the
28 21 public.
28 22 4B. The director shall provide information on the
28 23 searchable website database that lists the transfers of
28 24 appropriations made from one agency to another or within an
28 25 agency pursuant to section 8.39. This information shall be
28 26 provided in a manner that will be easily understood by the
28 27 public.
28 28 5. In providing data on tax exemptions or credits,
28 29 confidentiality statutes of Iowa and federal law shall be
28 30 adhered to.
28 31 6. The director shall provide a progress and
28 32 implementation report to members of the senate and house
28 33 committees on government oversight every ninety days with the
28 34 first report due October 1, 2009.
28 35 Sec. 47. NEW SECTION. 8G.5 WEBSITE UPDATES.
29 1 1. Effective July 1, 2011, the searchable website shall be
29 2 updated for each fiscal year not later than thirty days
29 3 following the close of the fiscal year. During the fiscal
29 4 year beginning July 1, 2011, and each subsequent fiscal year,
29 5 the director shall make a preliminary report for the fiscal
29 6 year on the searchable website within thirty days following
29 7 each quarter. In addition, the director may update the
29 8 searchable website as new data becomes available. All
29 9 agencies shall provide to the director data that is required
29 10 to be included in the searchable website not later than thirty
29 11 days after the data becomes available to the agency. The
29 12 director shall provide guidance to agency heads or the
29 13 governing body of an agency to ensure compliance with this
29 14 section.
29 15 2. By January 1, 2012, the director shall add data for the
29 16 previous budgets to the searchable website. Data for previous
29 17 fiscal years may be added as it becomes available and as time
29 18 permits. The director shall ensure that all data added to the
29 19 searchable website remain accessible to the public for a
29 20 minimum of ten years.
29 21 Sec. 48. NEW SECTION. 8G.6 NONCOMPLIANCE.
29 22 The director shall not be considered in compliance with
29 23 this division if the data required for the searchable website
29 24 is not available in a searchable manner and capable of being
29 25 compiled and downloaded or if the public is redirected to
29 26 other government websites unless each of those sites has
29 27 information from all agencies and each category of information
29 28 required can be searched electronically by field in a single
29 29 search.
29 30 Sec. 49. NEW SECTION. 8G.7 EXECUTIVE ORDER TO IMPLEMENT.
29 31 Nothing in this division shall be construed as preventing
29 32 the governor from acting by executive order to implement any
29 33 action authorized or required under this division.
29 34 DIVISION VII
29 35 SEARCHABLE TAX RATE DATABASE
30 1 Sec. 50. NEW SECTION. 8G.10 INTENT == FINDINGS.
30 2 The general assembly finds that increasing the ease of
30 3 public access to state and local tax rates, particularly when
30 4 the rates are currently available from disparate government
30 5 sources but are difficult for the public to collect and
30 6 efficiently aggregate, significantly contributes to
30 7 governmental accountability, public participation, and the
30 8 understanding of the cost of government services. Therefore,
30 9 it is the intent of the general assembly to direct the
30 10 department of administrative services, in consultation with
30 11 the department of revenue, to create and maintain a searchable
30 12 database detailing each tax rate for all taxing districts in
30 13 the state to make citizen access to information on state and
30 14 local tax rates as open, transparent, and publicly accessible
30 15 as is feasible.
30 16 Sec. 51. NEW SECTION. 8G.11 SHORT TITLE.
30 17 This division shall be known and cited as the "Government
30 18 Accountability and Disclosure Act".
30 19 Sec. 52. NEW SECTION. 8G.12 TAX RATE DATABASE.
30 20 1. SEARCHABLE TAX RATE DATABASE. By January 1, 2010, the
30 21 department of administrative services, in consultation with
30 22 the department of revenue, shall make publicly available on
30 23 the website created pursuant to section 8G.4 a searchable
30 24 database of all tax rates in the state for each taxing
30 25 jurisdiction. The information shall be aggregated by type of
30 26 tax and accessible by entering a zip code or physical address
30 27 for each residence or business. Individual tax levies shall
30 28 be further specified within each tax rate.
30 29 2. GEOGRAPHICAL TAX RATE MAP. In addition to searching
30 30 for tax rates by zip code or physical address for each
30 31 residence or business, searches shall be accommodated by a
30 32 geographical tax rate map of the state that is capable of
30 33 being displayed with a level of specificity corresponding to
30 34 each taxing district.
30 35 3. INDIVIDUAL TAX RATE CALCULATOR. Tax rate calculators
31 1 shall be provided on the searchable database to allow citizens
31 2 and businesses to calculate taxes based on the location of the
31 3 citizen or business. Calculation capability shall be provided
31 4 at a minimum for property, sales, use, income, vehicle, and
31 5 business taxes and shall be specific to the rate for the
31 6 taxing district identified by the citizen or business.
31 7 Sec. 53. NEW SECTION. 8G.13 UPDATING DATABASE.
31 8 To facilitate the department of administrative services'
31 9 efforts in creating and maintaining a searchable database of
31 10 the taxes identified in section 8G.12, subsection 3, for all
31 11 taxing districts in the state, every taxing district shall
31 12 annually report its tax rates, and any change to the rates, to
31 13 the department of revenue. Within thirty days of receiving
31 14 such information, the department shall report the tax rates,
31 15 and any changes to the rates, to the department of
31 16 administrative services.
31 17 Sec. 54. CODE EDITOR DIRECTIVE. Unless otherwise
31 18 determined by the Iowa Code editor, sections 8G.1 through
31 19 8G.7, as enacted in this division of this Act, shall be
31 20 designated as division I of chapter 8G, and sections 8G.10
31 21 through 8G.13, as enacted in this division of this Act, shall
31 22 be designated as division II of chapter 8G.
31 23 DIVISION VIII
31 24 DEPARTMENT OF INSPECTIONS AND APPEALS PROVISIONS
31 25 Sec. 55. Section 99B.2, subsection 1, paragraph a,
31 26 unnumbered paragraph 1, Code 2009, is amended to read as
31 27 follows:
31 28 The department of inspections and appeals shall issue the
31 29 licenses required by this chapter. A license shall not be
31 30 issued, except upon submission to the department of an
31 31 application on forms furnished determined by the department,
31 32 and the required license fee. A license may be issued to an
31 33 eligible applicant. An authorization number to operate may be
31 34 issued to an applicant until a license is issued. However, a
31 35 license or authorization number shall not be issued to an
32 1 applicant who has been convicted of or pled guilty to a
32 2 violation of this chapter, or who has been convicted of or
32 3 pled guilty to a violation of chapter 123 that resulted, at
32 4 any time, in revocation of a license issued to the applicant
32 5 under chapter 123 or that resulted, within the twelve months
32 6 preceding the date of application for a license required by
32 7 this chapter, in suspension of a license issued under chapter
32 8 123. To be eligible for a two=year license under section
32 9 99B.7, an organization shall have been in existence at least
32 10 five years prior to the date of issuance of the license.
32 11 However, an organization which has been in existence for less
32 12 than five years prior to the date of issuance of the license
32 13 may obtain a two=year license if either of the following
32 14 conditions apply:
32 15 Sec. 56. Section 99B.2, subsection 1, paragraph b, Code
32 16 2009, is amended to read as follows:
32 17 b. A license shall not be issued to an individual whose
32 18 previous license issued under this chapter or chapter 123 has
32 19 been revoked until the period of revocation or revocations has
32 20 elapsed. This prohibition applies even though the individual
32 21 has created a different legal entity than the one to which the
32 22 previous license that had been revoked was issued. Except as
32 23 otherwise provided in this chapter, a license is valid for a
32 24 period of two years from the date of issue. The license fee
32 25 is not refundable, but shall be returned to the applicant if
32 26 an application is not approved. If a bingo license is issued
32 27 by the department of inspections and appeals, the licensee
32 28 shall be notified by the department of inspections and appeals
32 29 of the renewal date for the license ten days prior to that
32 30 date.
32 31 Sec. 57. Section 99B.2, subsection 4, Code 2009, is
32 32 amended to read as follows:
32 33 4. A licensee required by subsection 2 to maintain records
32 34 shall submit quarterly reports an annual report to the
32 35 department on forms furnished by the department. These
33 1 reports The annual report shall be due thirty days following
33 2 the end of each calendar quarter fiscal year. The reports
33 3 annual report shall contain a compilation of the information
33 4 required to be recorded by subsection 2, and shall include all
33 5 of the transactions occurring during the three=month period
33 6 previous fiscal year for which the report is submitted.
33 7 Failure to submit the quarterly reports annual report is
33 8 grounds for revocation of the license. Willful failure to
33 9 submit quarterly reports the annual report is a serious
33 10 misdemeanor. However, the time for filing of reports may be
33 11 extended for thirty days if the licensee makes written request
33 12 to the department for an extension which request shows good
33 13 cause for granting the extension. A person who intentionally
33 14 files a false or fraudulent report or application with the
33 15 department commits a fraudulent practice.
33 16 Sec. 58. STATE=LICENSED HEALTH CARE FACILITY INSPECTIONS.
33 17 Notwithstanding any provision of section 135C.16 to the
33 18 contrary, inspections in health care facilities that are only
33 19 state=licensed and not certified under the federal Medicare or
33 20 Medicaid programs, shall not be inspected every thirty months,
33 21 but shall only be inspected pursuant to sections 135C.9 and
33 22 135C.38.
33 23 HF 809
33 24 ec/cm/25