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Bills and Amendments: General Index     Bill History: General Index

Senate File 2325

Partial Bill History

Bill Text

PAG LIN
  1  1                                        SENATE FILE 2325 
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO CERTAIN STATE AGENCY REGULATORY FUNCTIONS BY
  1  5    REORGANIZING THE DUTIES OF THE DEPARTMENT OF INSPECTIONS AND
  1  6    APPEALS, TRANSFERRING THE COURT APPOINTED SPECIAL ADVOCATE
  1  7    PROGRAM TO THE DEPARTMENT OF INSPECTIONS AND APPEALS, RENAMING
  1  8    AND REVISING THE DUTIES OF THE STATE CITIZEN FOSTER CARE
  1  9    REVIEW BOARD, REORGANIZING THE ADMINISTRATIVE STRUCTURE OF THE
  1 10    DEPARTMENT OF NATURAL RESOURCES, PROVIDING FOR LEGISLATIVE
  1 11    REVIEW OF STATE AGENCIES, AND REVISING REQUIREMENTS FOR
  1 12    LICENSED BIRTH CENTERS.
  1 13 
  1 14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 15 
  1 16                           DIVISION I
  1 17          DEPARTMENT OF INSPECTIONS AND APPEALS DUTIES
  1 18    Section 1.  Section 10A.101, subsection 1, Code 2001, is
  1 19 amended to read as follows:
  1 20    1.  "Administrator" means the chief administrative law
  1 21 judge, chief inspector, chief investigator, chief auditor, or
  1 22 the a person administering coordinating the administration of
  1 23 a division of the department.
  1 24    Sec. 2.  Section 10A.104, Code 2001, is amended by adding
  1 25 the following new subsection:
  1 26    NEW SUBSECTION.  11.  Administer inspection and licensing
  1 27 of social and charitable gambling pursuant to chapter 99B.
  1 28    Sec. 3.  Section 10A.104, subsection 8, Code 2001, is
  1 29 amended to read as follows:
  1 30    8.  Establish by rule standards and procedures for
  1 31 certifying that targeted small businesses are eligible to
  1 32 participate in the procurement program established in sections
  1 33 73.15 through 73.21.  The procedure for determination of
  1 34 eligibility shall not include self-certification by a
  1 35 business.  Rules and guidelines adopted pursuant to this
  2  1 subsection are subject to review and approval by the director
  2  2 of the department of management.  The director shall maintain
  2  3 a current directory of targeted small businesses which that
  2  4 have been certified pursuant to this subsection.
  2  5    Sec. 4.  Section 10A.106, subsection 2, Code 2001, is
  2  6 amended by striking the subsection.
  2  7    Sec. 5.  Section 10A.106, unnumbered paragraph 2, Code
  2  8 2001, is amended to read as follows:
  2  9    The allocation of departmental duties to the divisions of
  2 10 the department in sections 10A.302, 10A.402, 10A.502, 10A.702,
  2 11 and 10A.801 does not prohibit the director from reallocating
  2 12 departmental duties within the department.  The director shall
  2 13 not reallocate any of the duties of the division of
  2 14 administrative hearings, created by section 10A.801, to any
  2 15 other unit of the department.
  2 16    Sec. 6.  Section 10A.401, subsection 1, Code 2001, is
  2 17 amended to read as follows:
  2 18    1.  "Administrator" means the chief investigator who shall
  2 19 coordinate person coordinating the administration of this
  2 20 division.
  2 21    Sec. 7.  Section 10A.402, Code 2001, is amended to read as
  2 22 follows:
  2 23    10A.402  RESPONSIBILITIES.
  2 24    The administrator shall coordinate the division's conduct
  2 25 of various audits and investigations as otherwise provided for
  2 26 by law including but not limited to the following:
  2 27    1.  Investigations relative to the practice of regulated
  2 28 professions and occupations, except those within the
  2 29 jurisdiction of the board of medical examiners, the board of
  2 30 pharmacy examiners, the board of dental examiners, and the
  2 31 board of nursing.
  2 32    2.  Investigations relative to proposed sales within the
  2 33 state of subdivided land situated outside of the state.
  2 34 Audits relative to the administration of hospitals and health
  2 35 care facilities.
  3  1    3.  Investigations relative to applications for beer and
  3  2 liquor licenses.  Audits relative to administration and
  3  3 disbursement of funding under the state supplementary
  3  4 assistance program and the medical assistance program.
  3  5    4.  Investigations and collections relative to the
  3  6 liquidation of overpayment debts owed to the department of
  3  7 human services.  Collection methods include but are not
  3  8 limited to small claims filings, debt setoff, distress
  3  9 warrants, and repayment agreements, and are subject to
  3 10 approval by the department of human services.
  3 11    5.  Investigations relative to the operations of the
  3 12 department of elder affairs.
  3 13    6.  Investigations relative to the administration of the
  3 14 state supplemental supplementary assistance program, the state
  3 15 medical assistance program, the food stamp program, the family
  3 16 investment program, and any other state or federal benefit
  3 17 assistance program.
  3 18    7.  Investigations relative to the internal affairs and
  3 19 operations of agencies and departments within the executive
  3 20 branch of state government, except for institutions governed
  3 21 by the state board of regents.
  3 22    Sec. 8.  Section 10A.501, subsection 1, Code 2001, is
  3 23 amended to read as follows:
  3 24    1.  "Administrator" means the chief inspector, who shall
  3 25 coordinate person coordinating the administration of this
  3 26 division.
  3 27    Sec. 9.  Section 10A.502, Code 2001, is amended to read as
  3 28 follows:
  3 29    10A.502  RESPONSIBILITIES.
  3 30    The administrator shall coordinate the division's conduct
  3 31 of various inspections as otherwise provided for by law
  3 32 including but not limited to the following:
  3 33    1.  Inspections and licensing procedures related to social
  3 34 and charitable gambling pursuant to chapter 99B of hotels,
  3 35 home food establishments, and egg handlers.
  4  1    2.  Inspections of food establishments, including
  4  2 restaurants, hotels, food and beverage vending machines, state
  4  3 educational, charitable, correctional, and penal institutions,
  4  4 and sanitation inspections food processing plants, grocery
  4  5 stores, convenience stores, temporary food establishments, and
  4  6 mobile food units.
  4  7    3.  Inspections for sanitation in any locality of the state
  4  8 upon the written petition of five or more residents of a
  4  9 particular the locality.
  4 10    Sec. 10.  Section 10A.701, subsection 1, Code 2001, is
  4 11 amended to read as follows:
  4 12    1.  "Administrator" means the chief administrator who shall
  4 13 coordinate person coordinating the administration of this
  4 14 division.
  4 15    Sec. 11.  Section 10A.801, subsection 1, paragraph a, Code
  4 16 2001, is amended to read as follows:
  4 17    a.  "Administrator" means the chief administrative law
  4 18 judge who shall coordinate person coordinating the
  4 19 administration of the division.
  4 20    Sec. 12.  Section 10A.801, subsection 2, Code 2001, is
  4 21 amended to read as follows:
  4 22    2.  The administrator shall coordinate the division's
  4 23 conduct of appeals and administrative hearings as otherwise
  4 24 provided by law.
  4 25    Sec. 13.  Section 10A.801, subsection 7, paragraph c, Code
  4 26 2001, is amended to read as follows:
  4 27    c.  To establish standards and procedures for the
  4 28 evaluation, training, promotion, and discipline for the
  4 29 administrative law judges employed by the division.  Those The
  4 30 procedures shall include provisions for each agency for whom a
  4 31 particular administrative law judge presides to submit to the
  4 32 division on a periodic basis the agency's views with respect
  4 33 to the performance of that administrative law judge or the
  4 34 need for specified additional training for that administrative
  4 35 law judge.  However, the evaluation, training, promotion, and
  5  1 discipline of all administrative law judges employed by the
  5  2 division shall remain solely within the authority of the
  5  3 division department.
  5  4    Sec. 14.  Sections 10A.301 and 10A.302, Code 2001, are
  5  5 repealed.  
  5  6                           DIVISION II
  5  7                      CHILD ADVOCACY BOARD
  5  8    Sec. 15.  Section 10A.104, subsection 2, Code 2001, is
  5  9 amended to read as follows:
  5 10    2.  Appoint the administrators of the divisions within the
  5 11 department and all other personnel deemed necessary for the
  5 12 administration of this chapter, except the state public
  5 13 defender, assistant state public defenders, administrator of
  5 14 the racing and gaming commission, members of the employment
  5 15 appeal board, and administrator of the state citizen foster
  5 16 care review child advocacy board created in section 237.16.
  5 17 All persons appointed and employed in the department are
  5 18 covered by the provisions of chapter 19A, but persons not
  5 19 appointed by the director are exempt from the merit system
  5 20 provisions of chapter 19A.
  5 21    Sec. 16.  Section 232.2, subsection 9, Code Supplement
  5 22 2001, is amended to read as follows:
  5 23    9.  "Court appointed special advocate" means a person duly
  5 24 certified by the judicial branch child advocacy board created
  5 25 in section 237.16 for participation in the court appointed
  5 26 special advocate program and appointed by the court to
  5 27 represent the interests of a child in any judicial proceeding
  5 28 to which the child is a party or is called as a witness or
  5 29 relating to any dispositional order involving the child
  5 30 resulting from such proceeding.
  5 31    Sec. 17.  Section 232.89, subsection 5, Code 2001, is
  5 32 amended to read as follows:
  5 33    5.  The court may appoint a court appointed special
  5 34 advocate, as defined in section 232.2, subsection 9, to act as
  5 35 guardian ad litem.  The court appointed special advocate shall
  6  1 receive notice of and may attend all depositions, hearings,
  6  2 and trial proceedings to support the child and advocate for
  6  3 the protection of the child.  The court appointed special
  6  4 advocate shall not be allowed to separately introduce evidence
  6  5 or to directly examine or cross-examine witnesses.  The court
  6  6 appointed special advocate shall submit a written report to
  6  7 the court and to each of the parties to the proceedings
  6  8 containing results of the court appointed special advocate's
  6  9 initial investigation of the child's case, including but not
  6 10 limited to recommendations regarding placement of the child
  6 11 and other recommendations based on the best interest of the
  6 12 child.  The court appointed special advocate shall submit
  6 13 subsequent reports to the court and parties, as needed,
  6 14 detailing the continuing situation of the child's case as long
  6 15 as the child remains under the jurisdiction of the court.
  6 16 However In addition, the court appointed special advocate
  6 17 shall file other reports to the court as required by the
  6 18 court.
  6 19    Sec. 18.  Section 232.126, unnumbered paragraph 2, Code
  6 20 2001, is amended to read as follows:
  6 21    The court may appoint a court appointed special advocate,
  6 22 as defined in section 232.2, subsection 9, to act as guardian
  6 23 ad litem.  The court appointed special advocate shall receive
  6 24 notice of and may attend all depositions, hearings, and trial
  6 25 proceedings to support the child and advocate for the
  6 26 protection of the child.  The court appointed special advocate
  6 27 shall not be allowed to separately introduce evidence or to
  6 28 directly examine or cross-examine witnesses.  The court
  6 29 appointed special advocate shall submit reports to the court
  6 30 and the parties to the proceedings containing the information
  6 31 required in reports submitted by a court appointed special
  6 32 advocate under section 232.89, subsection 5.  However In
  6 33 addition, the court appointed special advocate shall file
  6 34 other reports to the court as required by the court.
  6 35    Sec. 19.  Section 235A.15, subsection 2, paragraph e,
  7  1 subparagraph (7), Code Supplement 2001, is amended to read as
  7  2 follows:
  7  3    (7)  To the state child advocacy and local citizen foster
  7  4 care review boards created pursuant to sections 237.16 and
  7  5 237.19.
  7  6    Sec. 20.  Section 237.15, Code 2001, is amended by adding
  7  7 the following new subsection:
  7  8    NEW SUBSECTION.  2A.  "Court appointed special advocate"
  7  9 means the same as defined in section 232.2.
  7 10    Sec. 21.  Section 237.15, subsection 6, Code 2001, is
  7 11 amended to read as follows:
  7 12    6.  "State board" means the state citizen foster care
  7 13 review child advocacy board created pursuant to section
  7 14 237.16.
  7 15    Sec. 22.  Section 237.16, subsection 1, Code 2001, is
  7 16 amended to read as follows:
  7 17    1.  The state citizen foster care review child advocacy
  7 18 board is created within the department of inspections and
  7 19 appeals.  The state board consists of seven nine members
  7 20 appointed by the governor, subject to confirmation by the
  7 21 senate and directly responsible to the governor.  One member
  7 22 shall be an active court appointed special advocate volunteer
  7 23 and one member shall be a judicial branch employee or judicial
  7 24 officer appointed from nominees submitted by the judicial
  7 25 branch.  The appointment is for a term of four years which
  7 26 that begins and ends as provided in section 69.19.  Vacancies
  7 27 on the state board shall be filled in the same manner as
  7 28 original appointments are made.
  7 29    Sec. 23.  Section 237.18, subsection 2, Code 2001, is
  7 30 amended by adding the following new paragraph:
  7 31    NEW PARAGRAPH.  g.  Establish procedures and protocols for
  7 32 administering the court appointed special advocate program in
  7 33 accordance with subsection 7.
  7 34    Sec. 24.  Section 237.18, Code 2001, is amended by adding
  7 35 the following new subsections:
  8  1    NEW SUBSECTION.  7.  Administer the court appointed special
  8  2 advocate program, including but not limited to performance of
  8  3 all of the following:
  8  4    a.  Establish standards for the program, including but not
  8  5 limited to standards for selection and screening of
  8  6 volunteers, preservice training, ongoing education, and
  8  7 assignment and supervision of volunteers.  Identifying
  8  8 information concerning a court appointed special advocate,
  8  9 other than the advocate's name, shall not be considered to be
  8 10 a public record under chapter 22.
  8 11    b.  Implement the court appointed special advocate program
  8 12 in additional areas of the state.
  8 13    c.  Promote adherence to the national guidelines for state
  8 14 and local court appointed special advocate programs.
  8 15    d.  Issue an annual report of the court appointed special
  8 16 advocate program for submission to the general assembly, the
  8 17 governor, and the supreme court.
  8 18    e.  Employ appropriate court appointed special advocate
  8 19 program staff in accordance with available funding.  The state
  8 20 board shall coordinate with the department of inspections and
  8 21 appeals the performance of the administrative functions of the
  8 22 state board.
  8 23    NEW SUBSECTION.  8.  Receive gifts, grants, or donations
  8 24 made for any of the purposes of the state board's programs and
  8 25 disburse and administer the funds received in accordance with
  8 26 the terms of the donor and under the direction of program
  8 27 staff.  The funds received shall be used according to any
  8 28 restrictions attached to the funds and any unrestricted funds
  8 29 shall be retained and applied to the applicable program budget
  8 30 for the next succeeding fiscal year.
  8 31    Sec. 25.  CHILD ADVOCACY BOARD.  The child advocacy board
  8 32 shall work with the court appointed special advocate program
  8 33 to develop a plan for merging that program with the citizen
  8 34 foster care review process.  In addition, the board shall also
  8 35 review other programs or processes in state government that
  9  1 are intended to address the best interests of a child who is
  9  2 the subject of an order for out-of-home placement or other
  9  3 juvenile court oversight.  The board shall develop a report
  9  4 with findings and recommendations as to how the programs and
  9  5 processes may be consolidated with the efforts of the board.
  9  6 The plan and report shall be submitted to the general
  9  7 assembly, the governor, and the supreme court on or before
  9  8 December 16, 2002.  
  9  9                          DIVISION III
  9 10                 DEPARTMENT OF NATURAL RESOURCES
  9 11    Sec. 26.  Section 15.221, subsection 2, paragraph c, Code
  9 12 2001, is amended by striking the paragraph and inserting in
  9 13 lieu thereof the following:
  9 14    c.  The director of the department of natural resources or
  9 15 the director's designee.
  9 16    Sec. 27.  Section 15A.1, subsection 3, paragraph b, Code
  9 17 Supplement 2001, is amended to read as follows:
  9 18    b.  If the business generates solid or hazardous waste,
  9 19 that the business conducts in-house audits and management
  9 20 plans to reduce the amount of the waste and to safely dispose
  9 21 of the waste.  For purposes of this paragraph, a business may,
  9 22 in lieu of conducting in-house audits, authorize the land
  9 23 quality and waste management assistance division of the
  9 24 department of natural resources or the Iowa waste reduction
  9 25 center established under section 268.4 to provide the audits.
  9 26    Sec. 28.  Section 15E.111, subsection 1, paragraph b,
  9 27 unnumbered paragraph 2, Code 2001, is amended to read as
  9 28 follows:
  9 29    Financial assistance awarded under this section may be in
  9 30 the form of a loan, loan guarantee, grant, production
  9 31 incentive payment, or a combination of financial assistance.
  9 32 The department shall not award more than twenty-five percent
  9 33 of the amount allocated to the value-added agricultural
  9 34 products and processes financial assistance fund during any
  9 35 fiscal year to support a single person.  The department may
 10  1 finance any size of facility.  However, the department shall
 10  2 reserve up to fifty percent of the total amount allocated to
 10  3 the fund, for purposes of assisting persons requiring one
 10  4 hundred thousand dollars or less in financial assistance.  The
 10  5 amount shall be reserved until the end of the third quarter of
 10  6 the fiscal year.  The department shall not provide financial
 10  7 assistance to support a value-added production facility, if
 10  8 the facility or a person owning a controlling interest in the
 10  9 facility has demonstrated a continuous and flagrant disregard
 10 10 for the health and safety of its employees, or the quality of
 10 11 the environment.  Evidence of such disregard shall include a
 10 12 history of serious or uncorrected violations of state or
 10 13 federal law protecting occupational health and safety or the
 10 14 environment, including but not limited to serious or
 10 15 uncorrected violations of occupational safety and health
 10 16 standards enforced by the division of labor services of the
 10 17 department of workforce development pursuant to chapter 84A,
 10 18 or rules enforced by the environmental protection division of
 10 19 the department of natural resources pursuant to chapter 455B.
 10 20    Sec. 29.  Section 15E.208, subsection 4, paragraph b, Code
 10 21 Supplement 2001, is amended to read as follows:
 10 22    b.  An agricultural products processor, if the processor or
 10 23 a person owning a controlling interest in the processor has
 10 24 demonstrated, within the most recent consecutive three-year
 10 25 period prior to the application for financing, a continuous
 10 26 and flagrant disregard for the health and safety of its
 10 27 employees or the quality of the environment.  Violations of
 10 28 environmental protection statutes, rules, or regulations shall
 10 29 be reported for the most recent five-year period prior to
 10 30 application.  Evidence of such disregard shall include a
 10 31 history of serious or uncorrected violations of state or
 10 32 federal law protecting occupational health and safety or the
 10 33 environment, including but not limited to serious or
 10 34 uncorrected violations of occupational safety and health
 10 35 standards enforced by the division of labor services of the
 11  1 department of workforce development pursuant to chapter 84A,
 11  2 or rules enforced by the environmental protection division of
 11  3 the department of natural resources pursuant to chapter 455B.
 11  4    Sec. 30.  Section 28D.3, subsection 4, Code 2001, is
 11  5 amended to read as follows:
 11  6    4.  Persons employed by the energy and geological resources
 11  7 division of the department of natural resources under this
 11  8 chapter are not subject to the twenty-four-month time
 11  9 limitation specified in subsection 2.
 11 10    Sec. 31.  Section 89B.17, unnumbered paragraph 1, Code
 11 11 2001, is amended to read as follows:
 11 12    The director of public health, the labor commissioner, and
 11 13 the administrator of the environmental protection division
 11 14 director of the department of natural resources or the
 11 15 director's designee under written signatures of all these
 11 16 parties may recommend any of the following actions:
 11 17    Sec. 32.  Section 97B.49G, subsection 6, paragraph c, Code
 11 18 2001, is amended to read as follows:
 11 19    c.  There is appropriated from the state fish and game
 11 20 protection fund to the department of personnel an actuarially
 11 21 determined amount calculated by the Iowa public employees'
 11 22 retirement system sufficient to pay for the additional
 11 23 benefits to conservation peace officers provided by this
 11 24 subsection, as a percentage, in paragraph "a" and for the
 11 25 employer portion of the benefits provided in paragraph "b".
 11 26 The amount is in addition to the contribution paid by the
 11 27 employer under section 97B.11.  The cost of the benefits
 11 28 relating to fish and wildlife conservation peace officers
 11 29 within the fish and game division of the department of natural
 11 30 resources shall be paid from the state fish and game
 11 31 protection fund and the cost of the benefits relating to the
 11 32 other conservation peace officers of the department shall be
 11 33 paid from the general fund.
 11 34    Sec. 33.  Section 103A.8, subsection 7, Code 2001, is
 11 35 amended to read as follows:
 12  1    7.  Limit the application of thermal efficiency standards
 12  2 for energy conservation to new construction which will
 12  3 incorporate a heating or cooling system.  Air exchange fans
 12  4 designed to provide ventilation shall not be considered a
 12  5 cooling system.  The commissioner shall exempt any new
 12  6 construction from thermal efficiency standards for energy
 12  7 conservation if the commissioner determines that the standards
 12  8 are unreasonable as they apply to a particular building or
 12  9 class of buildings including farm buildings for livestock use.
 12 10 Lighting efficiency standards shall recognize variations in
 12 11 lighting intensities required for the various tasks performed
 12 12 within the building.  The commissioner shall consult with the
 12 13 energy and geological resources division of the department of
 12 14 natural resources regarding standards for energy conservation
 12 15 prior to the adoption of the standards.  However, the
 12 16 standards shall be consistent with section 103A.8A.
 12 17    Sec. 34.  Section 103A.8A, Code 2001, is amended to read as
 12 18 follows:
 12 19    103A.8A  MINIMUM ENERGY EFFICIENCY STANDARD.
 12 20    The state building code commissioner shall adopt as a part
 12 21 of the state building code a requirement that new single-
 12 22 family or two-family residential construction shall meet an
 12 23 established minimum energy efficiency standard.  The standard
 12 24 shall be stated in terms of the home heating index developed
 12 25 by the physics department at Iowa state university of science
 12 26 and technology.  The minimum standard shall be the average
 12 27 energy consumption of new single-family or two-family
 12 28 residential construction as determined by a survey conducted
 12 29 by the energy and geological resources division of the
 12 30 department of natural resources of the average actual energy
 12 31 consumption, as expressed in terms of the home heating index.
 12 32 The minimum standard shall only apply to single-family or two-
 12 33 family residential construction commenced after the adoption
 12 34 of the standard.
 12 35    Sec. 35.  Section 161B.1, subsection 2, paragraphs a and b,
 13  1 Code 2001, are amended by striking the paragraphs and
 13  2 inserting in lieu thereof the following:
 13  3    a.  An administrator assigned to energy and geological
 13  4 resource management designated by the director of the
 13  5 department of natural resources.
 13  6    b.  An administrator assigned to environmental protection
 13  7 designated by the director of the department of natural
 13  8 resources.
 13  9    Sec. 36.  Section 173.16, unnumbered paragraph 2, Code
 13 10 Supplement 2001, is amended to read as follows:
 13 11    In order to efficiently administer facilities and events on
 13 12 the state fairgrounds, and to promote Iowa's conservation
 13 13 ethic, the Iowa state fair board shall handle or dispose of
 13 14 waste generated on the state fairgrounds under supervision of
 13 15 the land quality and waste management assistance division
 13 16 established under section 455B.483 department of natural
 13 17 resources.
 13 18    Sec. 37.  Section 206.25, Code 2001, is amended to read as
 13 19 follows:
 13 20    206.25  PESTICIDE CONTAINERS DISPOSAL.
 13 21    The department of agriculture and land stewardship, in
 13 22 cooperation with the environmental protection division of the
 13 23 department of natural resources, shall develop a program for
 13 24 handling used pesticide containers which reflects the state
 13 25 solid waste management policy hierarchy, and shall present the
 13 26 program developed to the general assembly by February 1, 1988.
 13 27    Sec. 38.  Section 266.39C, subsection 2, paragraph f, Code
 13 28 2001, is amended to read as follows:
 13 29    f.  One representative of the energy and geological
 13 30 resources division of the department of natural resources,
 13 31 appointed by the director.
 13 32    Sec. 39.  Section 427.1, subsection 19, unnumbered
 13 33 paragraphs 5 and 6, Code Supplement 2001, are amended to read
 13 34 as follows:
 13 35    The application for a specific pollution-control or
 14  1 recycling property shall be accompanied by a certificate of
 14  2 the administrator of the environmental protection division of
 14  3 the department of natural resources certifying that the
 14  4 primary use of the pollution-control property is to control or
 14  5 abate pollution of any air or water of this state or to
 14  6 enhance the quality of any air or water of this state or, if
 14  7 the property is recycling property, that the primary use of
 14  8 the property is for recycling.
 14  9    A taxpayer may seek judicial review of a determination of
 14 10 the administrator of the environmental protection division
 14 11 department or, on appeal, of the environmental protection
 14 12 commission in accordance with the provisions of chapter 17A.
 14 13    Sec. 40.  Section 427.1, subsection 20, unnumbered
 14 14 paragraph 1, Code Supplement 2001, is amended to read as
 14 15 follows:
 14 16    The impoundment structure and any land underlying an
 14 17 impoundment located outside an incorporated city, which are
 14 18 not developed or used directly or indirectly for
 14 19 nonagricultural income-producing purposes and which are
 14 20 maintained in a condition satisfactory to the soil and water
 14 21 conservation district commissioners of the county in which the
 14 22 impoundment structure and the impoundment are located.  A
 14 23 person owning land which qualifies for a property tax
 14 24 exemption under this subsection shall apply to the county
 14 25 assessor each year not later than February 1 for the
 14 26 exemption.  The application shall be made on forms prescribed
 14 27 by the department of revenue and finance.  The first
 14 28 application shall be accompanied by a copy of the water
 14 29 storage permit approved by the administrator of the
 14 30 environmental protection division director of the department
 14 31 of natural resources or the director's designee, and a copy of
 14 32 the plan for the construction of the impoundment structure and
 14 33 the impoundment.  The construction plan shall be used to
 14 34 determine the total acre-feet of the impoundment and the
 14 35 amount of land which is eligible for the property tax
 15  1 exemption.  The county assessor shall annually review each
 15  2 application for the property tax exemption under this
 15  3 subsection and submit it, with the recommendation of the soil
 15  4 and water conservation district commissioners, to the board of
 15  5 supervisors for approval or denial.  An applicant for a
 15  6 property tax exemption under this subsection may appeal the
 15  7 decision of the board of supervisors to the district court.
 15  8    Sec. 41.  Section 455A.6, subsection 6, paragraph d, Code
 15  9 2001, is amended to read as follows:
 15 10    d.  Approve the budget request prepared by the director for
 15 11 the programs authorized by chapters 455B, 455C, 455E, and
 15 12 455F, and 455H.  The commission shall approve the budget
 15 13 request prepared by the director for programs administered by
 15 14 the energy and geological resources division, the
 15 15 administrative services division, and the office of the
 15 16 director, as provided in section 455A.7 subject to the
 15 17 rulemaking authority of the commission.  The commission may
 15 18 increase, decrease, or strike any item within the department
 15 19 budget request for the specified programs before granting
 15 20 approval.
 15 21    Sec. 42.  Section 455A.7, subsection 1, Code Supplement
 15 22 2001, is amended by striking the subsection and inserting in
 15 23 lieu thereof the following:
 15 24    1.  The director may establish administrative divisions,
 15 25 bureaus, or other administrative entities within the
 15 26 department in order to most efficiently and effectively carry
 15 27 out the department's responsibilities.  The creation or
 15 28 modification of departmental divisions, bureaus, or other
 15 29 administrative entities shall be implemented only after
 15 30 consultation with the natural resource commission or the
 15 31 environmental protection commission as applicable.
 15 32    Sec. 43.  Section 455A.8, subsection 1, Code 2001, is
 15 33 amended to read as follows:
 15 34    1.  The Brushy Creek recreation trails advisory board shall
 15 35 be organized within the parks and preserves division of the
 16  1 department and shall be composed of ten members including the
 16  2 following:  the director of the department or the director's
 16  3 designee who shall serve as a nonvoting ex officio member, the
 16  4 park ranger responsible for the Brushy Creek recreation area,
 16  5 a member of the state advisory board for preserves established
 16  6 under chapter 465C, a person appointed by the governor, and
 16  7 six persons appointed by the legislative council.  Each person
 16  8 appointed by the governor or legislative council must actively
 16  9 participate in recreational trail activities such as hiking,
 16 10 an equestrian sport, or a winter sport at the Brushy Creek
 16 11 recreation area.  The voting members shall elect a chairperson
 16 12 at the board's first meeting each year.
 16 13    Sec. 44.  Section 455A.10, Code 2001, is amended to read as
 16 14 follows:
 16 15    455A.10  STATE FISH AND GAME PROTECTION FUND – CAPITAL
 16 16 PROJECTS AND CONTINGENCIES.
 16 17    Funds remaining in the state fish and game protection fund
 16 18 during a fiscal year which are not specifically appropriated
 16 19 by the general assembly are appropriated and may be used for
 16 20 capital projects and contingencies under the jurisdiction of
 16 21 the department relating to fish and wildlife division arising
 16 22 during the fiscal year.  A contingency shall not include any
 16 23 purpose or project which was presented to the general assembly
 16 24 by way of a bill or a proposed bill and which failed to be
 16 25 enacted into law.  For the purpose of this section, a
 16 26 necessity of additional operating funds may be construed as a
 16 27 contingency.  Before any of the funds authorized to be
 16 28 expended by this section are allocated for contingencies, it
 16 29 shall be determined by the executive council that a
 16 30 contingency exists and that the contingency was not existent
 16 31 while the general assembly was in session and that the
 16 32 proposed allocation shall be for the best interests of the
 16 33 state.  If a contingency arises or could reasonably be
 16 34 foreseen during the time the general assembly is in session,
 16 35 expenditures for the contingency must be authorized by the
 17  1 general assembly.
 17  2    Sec. 45.  Section 455B.133, Code 2001, is amended by adding
 17  3 the following new subsection:
 17  4    NEW SUBSECTION.  10.  Adopt rules allowing a city to
 17  5 conduct a controlled burn of a demolished building subject to
 17  6 the same restrictions as are in effect for fire fighting
 17  7 training fires.  The rules shall include a provision that a
 17  8 city may undertake no more than three controlled burns in
 17  9 every overlapping six-tenths-of-a-mile-radius circle every
 17 10 three years.  The rules shall prohibit a controlled burn of a
 17 11 demolished building in Cedar Rapids, Marion, Hiawatha, Council
 17 12 Bluffs, Carter Lake, Des Moines, West Des Moines, Clive,
 17 13 Windsor Heights, Urbandale, Pleasant Hill, Buffalo, Davenport,
 17 14 Mason City or any other area where area-specific state
 17 15 implementation plans require the control of particulate.
 17 16    Sec. 46.  Section 455B.480, Code Supplement 2001, is
 17 17 amended to read as follows:
 17 18    455B.480  SHORT TITLE.
 17 19    This part may be cited as the "Land Quality and Waste
 17 20 Management Assistance Division Act".
 17 21    Sec. 47.  Section 455B.481, subsection 2, Code Supplement
 17 22 2001, is amended to read as follows:
 17 23    2.  It is also the intent of the general assembly that a
 17 24 comprehensive waste management plan be established by the land
 17 25 quality and waste management assistance division department
 17 26 which includes:  the determination of need and adequate
 17 27 regulatory controls prior to the initiation of site selection;
 17 28 the process for selecting a superior site determined to be
 17 29 necessary; the establishment of a process for a site community
 17 30 to submit or present data, views, or arguments regarding the
 17 31 selection of the operator and the technology that best ensures
 17 32 proper facility operation; the prohibition of shallow land
 17 33 burial of hazardous and low-level radioactive wastes; the
 17 34 establishment of a regulatory framework for a facility; and
 17 35 the establishment of provisions for the safe and orderly
 18  1 development, operation, closure, postclosure, and long-term
 18  2 monitoring and maintenance of the facility.
 18  3    Sec. 48.  Section 455B.482, subsection 4, Code Supplement
 18  4 2001, is amended by striking the subsection.
 18  5    Sec. 49.  Section 455B.483, Code Supplement 2001, is
 18  6 amended by striking the section and inserting in lieu thereof
 18  7 the following:
 18  8    455B.483  WASTE MANAGEMENT ASSISTANCE.
 18  9    The director of the department of natural resources shall
 18 10 provide for administration of the provisions of this part.
 18 11    Sec. 50.  Section 455B.484, unnumbered paragraph 1, Code
 18 12 Supplement 2001, is amended to read as follows:
 18 13    The division department shall:
 18 14    Sec. 51.  Section 455B.484, subsections 2 and 9, Code
 18 15 Supplement 2001, are amended to read as follows:
 18 16    2.  Seek, receive, and accept funds in the form of
 18 17 appropriations, grants, awards, wills, bequests, endowments,
 18 18 and gifts for deposit into the land quality and waste
 18 19 management assistance division trust fund to be used for
 18 20 programs relating to the duties of the division department
 18 21 under this part.
 18 22    9.  Include in the annual report to the governor and the
 18 23 general assembly required by section 455A.4, subsection 1,
 18 24 paragraph "d", information outlining the activities of the
 18 25 division department in carrying out programs and
 18 26 responsibilities under this part, and identifying trends and
 18 27 developments in the management of waste.  The report shall
 18 28 also include specific recommendations for attaining the goals
 18 29 for waste minimization and capacity assurance requirements.
 18 30    Sec. 52.  Section 455B.484, subsection 13, paragraph c,
 18 31 Code Supplement 2001, is amended to read as follows:
 18 32    c.  In solicitation of proposals for the implementation of
 18 33 the comprehensive plan, the land quality and waste management
 18 34 assistance division department shall give preference to
 18 35 cooperative proposals which incorporate and utilize the
 19  1 participation of the universities under the control of the
 19  2 state board of regents.
 19  3    Sec. 53.  Section 455B.485, subsections 3, 4, and 5, Code
 19  4 Supplement 2001, are amended to read as follows:
 19  5    3.  Approve the budget request for the land quality and
 19  6 waste management assistance division for administration of
 19  7 this part prior to submission to the department of management.
 19  8 The commission may increase, decrease, or strike any proposed
 19  9 expenditure within the land quality and waste management
 19 10 assistance division budget request before granting approval.
 19 11    4.  Recommend legislative action which may be required for
 19 12 the safe and proper management of waste, for the acquisition
 19 13 or operation of a facility, for the funding of a facility, to
 19 14 enter into interstate agreements for the management of a
 19 15 facility, and to improve the operation of the land quality and
 19 16 department relating to waste management assistance division.
 19 17    5.  Approve all contracts and agreements, in excess of
 19 18 twenty-five thousand dollars, under this part between the land
 19 19 quality and waste management assistance division department
 19 20 and other public or private persons or agencies.
 19 21    Sec. 54.  Section 455B.486, Code 2001, is amended to read
 19 22 as follows:
 19 23    455B.486  FACILITY SITING.
 19 24    1.  The division department shall identify and recommend to
 19 25 the commission suitable sites for locating facilities for the
 19 26 treatment, storage, or disposal of hazardous waste within this
 19 27 state.  The division department shall use site selection
 19 28 criteria adopted by the environmental protection commission
 19 29 pursuant to section 455B.487 in identifying these sites.  The
 19 30 commission shall accept or reject the recommendation of the
 19 31 division department.  If the commission rejects the
 19 32 recommendation of the division department, the commission
 19 33 shall state its reasons for rejecting the recommendation.
 19 34    2.  The commission shall adopt rules establishing criteria
 19 35 for the identification of sites which are suitable for the
 20  1 operation of low-level radioactive waste disposal facilities.
 20  2 The division department shall apply these criteria, once
 20  3 adopted, to identify and recommend to the commission sites
 20  4 suitable for locating facilities for the disposal of low-level
 20  5 radioactive waste.  The commission shall accept or reject the
 20  6 recommendation of the division department.  If the commission
 20  7 rejects the recommendation of the division department, the
 20  8 commission shall state its reasons for rejecting the
 20  9 recommendation.
 20 10    Sec. 55.  Section 455B.516, subsection 3, Code Supplement
 20 11 2001, is amended by striking the subsection.
 20 12    Sec. 56.  Section 455B.517, unnumbered paragraph 1, Code
 20 13 Supplement 2001, is amended to read as follows:
 20 14    The land quality and waste management assistance division
 20 15 department shall do all of the following:
 20 16    Sec. 57.  Section 455B.517, subsection 4, Code Supplement
 20 17 2001, is amended to read as follows:
 20 18    4.  Seek, receive, and accept funds in the form of
 20 19 appropriations, grants, awards, wills, bequests, endowments,
 20 20 and gifts for the uses designated pursuant to section
 20 21 455B.133B.  The division department shall also coordinate
 20 22 existing resources and oversee the disbursement of federal
 20 23 grant moneys to provide consistency in achieving the toxics
 20 24 pollution prevention goal of the state.
 20 25    Sec. 58.  Section 455B.518, subsection 2, unnumbered
 20 26 paragraph 1, Code 2001, is amended to read as follows:
 20 27    The division department shall adopt criteria for the
 20 28 information required in a multimedia toxics pollution
 20 29 prevention plan.  To the extent possible, the plans shall
 20 30 coordinate reporting requirements in order to minimize
 20 31 unnecessary duplication.  The plans shall include, but are not
 20 32 limited to, all of the following:
 20 33    Sec. 59.  Section 455D.6, Code 2001, is amended by adding
 20 34 the following new subsection:
 20 35    NEW SUBSECTION.  6A.  Develop a strategy and recommend to
 21  1 the commission the adoption of rules necessary to implement by
 21  2 January 1, 2004, a strategy for the recycling of electronic
 21  3 goods and the disassembling and removing of toxic parts from
 21  4 electronic goods.
 21  5    Sec. 60.  Section 455E.11, subsection 2, paragraph a,
 21  6 subparagraph (1), subparagraph subdivision (b), Code
 21  7 Supplement 2001, is amended to read as follows:
 21  8    (b)  One hundred sixty-five thousand dollars to the land
 21  9 quality and waste management assistance division of the
 21 10 department to be used for the by-products and waste search
 21 11 service at the university of northern Iowa.
 21 12    Sec. 61.  Section 455E.11, subsection 2, paragraph a,
 21 13 subparagraph (2), subparagraph subdivision (a), subparagraph
 21 14 subdivision part (iv), Code Supplement 2001, is amended to
 21 15 read as follows:
 21 16    (iv)  The land quality and waste management assistance
 21 17 division program of the department.
 21 18    Sec. 62.  Section 455E.11, subsection 2, paragraph b,
 21 19 subparagraph (3), subparagraph subdivision (b), unnumbered
 21 20 paragraph 1, Code Supplement 2001, is amended to read as
 21 21 follows:
 21 22    Two percent is appropriated annually to the department and,
 21 23 except for administrative expenses, is transferred to the Iowa
 21 24 department of public health for the purpose of administering
 21 25 grants to counties and conducting oversight of county-based
 21 26 programs for the testing of private rural water supply wells,
 21 27 private rural water supply well sealing, and the proper
 21 28 closure of private rural abandoned wells and cisterns.  Not
 21 29 more than thirty-five percent of the moneys is appropriated
 21 30 annually for grants to counties for the purpose of conducting
 21 31 programs of private rural water supply testing, private rural
 21 32 water supply well sealing, the proper closure of private rural
 21 33 abandoned wells and cisterns, or any combination thereof.  An
 21 34 amount agreed to by the department of natural resources and
 21 35 the Iowa department of public health shall be retained by the
 22  1 department of natural resources for administrative expenses.
 22  2    Sec. 63.  Section 456A.16, unnumbered paragraph 5, Code
 22  3 2001, is amended to read as follows:
 22  4    The general assembly shall appropriate annually from the
 22  5 state fish and game protection fund the amount credited to the
 22  6 fund from the checkoff to the fish and wildlife division of
 22  7 the department for the purposes specified in this section.
 22  8    Sec. 64.  Section 456A.17, unnumbered paragraph 2, Code
 22  9 2001, is amended to read as follows:
 22 10    The state fish and game protection fund, except as
 22 11 otherwise provided, consists of all moneys accruing from
 22 12 license fees and all other sources of revenue arising under
 22 13 the fish and wildlife division programs.  Notwithstanding
 22 14 section 12C.7, subsection 2, interest or earnings on
 22 15 investments or time deposits of the moneys in the state fish
 22 16 and game protection fund shall be credited to that fund.
 22 17    Sec. 65.  Section 456A.19, unnumbered paragraphs 1 and 2,
 22 18 Code 2001, are amended to read as follows:
 22 19    All funds accruing to the fish and game protection fund,
 22 20 except an equitable portion of the administration fund, shall
 22 21 be expended solely in carrying on the fish and wildlife
 22 22 activities embraced in the fish and wildlife division.
 22 23 Expenditures incurred by the division department in carrying
 22 24 on the activities shall be only on authorization by the
 22 25 general assembly.
 22 26    The department shall by October 1 of each year submit to
 22 27 the department of management for transmission to the general
 22 28 assembly a detailed estimate of the amount required by the
 22 29 department during the succeeding year for carrying on the fish
 22 30 and wildlife activities embraced in the fish and wildlife
 22 31 division.  The estimate shall be in the same general form and
 22 32 detail as required by law in estimates submitted by other
 22 33 state departments.
 22 34    Sec. 66.  Section 456A.21, subsection 1, Code 2001, is
 22 35 amended to read as follows:
 23  1    1.  A forestry management and enhancement fund is created
 23  2 in the state treasury under the control of the department's
 23  3 forests and prairies division created in section 455A.7
 23  4 control.  The fund is composed of moneys deposited into the
 23  5 fund pursuant to section 456A.20, moneys appropriated by the
 23  6 general assembly, and moneys available to and obtained or
 23  7 accepted by the division or the department from the United
 23  8 States or private sources for placement in the fund.
 23  9    Sec. 67.  Section 473.11, subsection 3, unnumbered
 23 10 paragraph 1, Code 2001, is amended to read as follows:
 23 11    An energy fund disbursement council is established.  The
 23 12 council shall be composed of the governor or the governor's
 23 13 designee, the director of the department of management, who
 23 14 shall serve as the council's chairperson, the administrator of
 23 15 the division of community action agencies of the department of
 23 16 human rights, the administrator of the energy and geological
 23 17 resources division a designee of the director of the
 23 18 department of natural resources who is knowledgeable in the
 23 19 field of energy conservation, and a designee of the director
 23 20 of transportation, who is knowledgeable in the field of energy
 23 21 conservation.  The council shall include as nonvoting members
 23 22 two members of the senate appointed by the president of the
 23 23 senate, after consultation with the majority leader and the
 23 24 minority leader of the senate, and two members of the house of
 23 25 representatives appointed by the speaker of the house, after
 23 26 consultation with the majority leader and the minority leader
 23 27 of the house.  The legislative members shall be appointed upon
 23 28 the convening and for the period of each general assembly.
 23 29 Not more than one member from each house shall be of the same
 23 30 political party.  The council shall be staffed by the energy
 23 31 and geological resources division of the department of natural
 23 32 resources.  The attorney general shall provide legal
 23 33 assistance to the council.
 23 34    Sec. 68.  Section 473.11, subsection 3, paragraphs c and f,
 23 35 Code 2001, are amended to read as follows:
 24  1    c.  Work with the energy and geological resources division
 24  2 department of natural resources in adopting administrative
 24  3 rules necessary to administer expenditures from the trust,
 24  4 encourage applications for grants and loans, review and select
 24  5 proposals for the funding of competitive grants and loans from
 24  6 the energy conservation trust, and evaluate their comparative
 24  7 effectiveness.
 24  8    f.  Prepare, in conjunction with the energy and geological
 24  9 resources division department of natural resources, an annual
 24 10 report to the governor and the general assembly regarding
 24 11 earnings of and expenditures from the energy conservation
 24 12 trust.
 24 13    Sec. 69.  Section 473.11, subsection 4, Code 2001, is
 24 14 amended to read as follows:
 24 15    4.  The administrator of the energy and geological
 24 16 resources division director of the department of natural
 24 17 resources or the director's designee shall be the
 24 18 administrator of the energy conservation trust.  The
 24 19 administrator shall disburse moneys appropriated by the
 24 20 general assembly from the funds in the trust in accordance
 24 21 with the federal court orders, law and regulation, or
 24 22 settlement conditions applying to the moneys in that fund, and
 24 23 subject to the approval of the energy fund disbursement
 24 24 council if such approval is required.  The council, after
 24 25 consultation with the attorney general, shall immediately
 24 26 approve the disbursement of moneys from the funds in the trust
 24 27 for projects which meet the federal court orders, law and
 24 28 regulations, or settlement conditions which apply to that
 24 29 fund.
 24 30    Sec. 70.  Section 476.6, subsection 19, paragraph b, Code
 24 31 Supplement 2001, is amended to read as follows:
 24 32    b.  A gas and electric utility required to be rate-
 24 33 regulated under this chapter shall assess potential energy and
 24 34 capacity savings available from actual and projected customer
 24 35 usage by applying commercially available technology and
 25  1 improved operating practices to energy-using equipment and
 25  2 buildings.  The utility shall submit the assessment to the
 25  3 board.  Upon receipt of the assessment, the board shall
 25  4 consult with the energy bureau of the division of energy and
 25  5 geological resources of the department of natural resources to
 25  6 develop specific capacity and energy savings performance
 25  7 standards for each utility.  The utility shall submit an
 25  8 energy efficiency plan which shall include economically
 25  9 achievable programs designed to attain these energy and
 25 10 capacity performance standards.
 25 11    Sec. 71.  Section 476.6, subsection 25, paragraph a,
 25 12 subparagraphs (2) and (3), Code Supplement 2001, are amended
 25 13 to read as follows:
 25 14    (2)  Copies of the initial plan and budget, as well as any
 25 15 subsequent updates, shall be served on the environmental
 25 16 protection division of the department of natural resources.
 25 17    (3)  The initial multiyear plan and budget and any
 25 18 subsequent updates shall be considered in a contested case
 25 19 proceeding pursuant to chapter 17A.  The environmental
 25 20 protection division of the department of natural resources and
 25 21 the consumer advocate shall participate as parties to the
 25 22 proceeding.
 25 23    Sec. 72.  Section 481C.1, Code 2001, is amended to read as
 25 24 follows:
 25 25    481C.1  WILD ANIMAL DEPREDATION UNIT.
 25 26    A wild animal depredation unit is established within the
 25 27 fish and wildlife division of the department of natural
 25 28 resources.  The unit shall be comprised of two wild animal
 25 29 depredation biologists.  The biologists shall serve under the
 25 30 director of the department of natural resources.
 25 31    Sec. 73.  DEMOLITION SITE WASTE MATERIAL TASK FORCE.
 25 32    1.  The department of natural resources, in cooperation
 25 33 with the department of economic development, shall establish a
 25 34 task force to study issues related to the proper disposal of
 25 35 waste material from buildings demolished in cities and
 26  1 counties.  The task force shall study issues including, but
 26  2 not limited to, all of the following:
 26  3    a.  The proper removal and disposal of waste material
 26  4 containing lead-based paints and asbestos.
 26  5    b.  The proper removal and disposal of any other hazardous
 26  6 waste material or waste material commonly found in old
 26  7 buildings that may be considered a health hazard if removed
 26  8 improperly.
 26  9    c.  Any alternatives to the disposal of waste material from
 26 10 demolition sites such as salvage operations.
 26 11    d.  The training of fire department personnel in relation
 26 12 to the disposal of waste material from demolition sites.
 26 13    e.  Asbestos inspection training for volunteers at the
 26 14 local level.
 26 15    f.  An appropriate local limit for the controlled burning
 26 16 of demolished buildings from which hazardous materials have
 26 17 been removed prior to burning.
 26 18    g.  The proper method for encouraging cooperation between
 26 19 cities and counties on issues related to the disposal of
 26 20 demolition site waste material.
 26 21    2.  The task force membership shall include, but not be
 26 22 limited to, all of the following:
 26 23    a.  Representatives from the department of natural
 26 24 resources knowledgeable in air toxics and toxic materials.
 26 25    b.  Representatives from the department of economic
 26 26 development knowledgeable in community development.
 26 27    c.  A representative of the Iowa league of cities.
 26 28    d.  A representative of the Iowa society of solid waste
 26 29 operators.
 26 30    e.  Four members of the general assembly with not more than
 26 31 one member from each chamber being from the same political
 26 32 party.  The two senators shall be designated by the president
 26 33 of the senate after consultation with the majority and
 26 34 minority leaders of the senate.  The two representatives shall
 26 35 be designated by the speaker of the house of representatives
 27  1 after consultation with the majority and minority leaders of
 27  2 the house of representatives.
 27  3    3.  By January 1, 2003, the task force shall submit a
 27  4 report to the general assembly, including recommendations,
 27  5 regarding issues relating to the disposal of debris from
 27  6 demolition sites in Iowa.  
 27  7                           DIVISION IV
 27  8                       OVERSIGHT COMMITTEE
 27  9    Sec. 74.  Section 2.45, Code 2001, is amended by adding the
 27 10 following new subsection:
 27 11    NEW SUBSECTION.  5.  a.  The legislative oversight
 27 12 committee composed of members designated by the legislative
 27 13 council.  In addition to the duties assigned by the
 27 14 legislative council, the committee shall systematically review
 27 15 the programs, agencies, and functions of the executive and
 27 16 judicial branches of government to ensure that public
 27 17 resources are used in the most efficient manner to benefit the
 27 18 people of Iowa.
 27 19    b.  The committee shall implement a systematic process of
 27 20 assessing the programs, agencies, and functions.  Annually, by
 27 21 October 1, the committee shall identify the programs,
 27 22 agencies, and functions that will be subject to review and
 27 23 evaluation in the succeeding calendar year.  An agency of
 27 24 state government selected by the committee for review and
 27 25 evaluation shall provide information as required by the
 27 26 committee, which may include but is not limited to the
 27 27 following:
 27 28    (1)  Identifying the activities, services, products, and
 27 29 functions of the agency, including identifying those that are
 27 30 required and the source of the requirement.  At minimum, the
 27 31 sources identified shall include state law, state
 27 32 administrative rule, federal law, and federal regulation.
 27 33    (2)  Specifying for all activities, services, products, and
 27 34 functions, the users or clientele, and the current level of
 27 35 need for and the level of satisfaction with the activity,
 28  1 service, product, or function.
 28  2    (3)  Listing each discretionary activity, service, product,
 28  3 or function of the agency that is not required by state law,
 28  4 state administrative rule, federal law, or federal regulation.
 28  5    (4)  Identifying the degree of alignment between the agency
 28  6 strategic plan adopted pursuant to section 8E.206 and the
 28  7 requirements of the agency in state law and administrative
 28  8 rule.
 28  9    (5)  Identifying alternative methods of providing the
 28 10 agency's existing activities, services, products, and
 28 11 functions, and quantifying the impact to Iowans if such
 28 12 activities, services, products, or functions are no longer
 28 13 provided by the agency.  
 28 14                           DIVISION V
 28 15              DEPARTMENT OF INSPECTIONS AND APPEALS
 28 16                          BIRTH CENTERS
 28 17    Sec. 75.  Section 10A.104, subsection 9, Code 2001, is
 28 18 amended to read as follows:
 28 19    9.  Administer and enforce this chapter, and chapters 99B,
 28 20 135B, 135C, 135G, 135H, 135J, 137C, 137D, and 137F.
 28 21    Sec. 76.  Section 10A.702, subsections 1 and 2, Code 2001,
 28 22 are amended to read as follows:
 28 23    1.  Investigations relative to the standards and practices
 28 24 of hospitals, hospices, birth centers, and health care
 28 25 facilities.
 28 26    2.  Inspections and other licensing procedures relative to
 28 27 the hospice program, hospitals, birth centers, and health care
 28 28 facilities.  The division is designated as the sole licensing
 28 29 authority for these programs and facilities.
 28 30    Sec. 77.  Section 135.61, subsection 2, Code 2001, is
 28 31 amended by striking the subsection and inserting in lieu
 28 32 thereof the following:
 28 33    2.  "Birth center" means a facility or institution, which
 28 34 is not an ambulatory surgical center or a hospital or in a
 28 35 hospital, in which births are planned to occur following a
 29  1 normal, uncomplicated, low-risk pregnancy.
 29  2    Sec. 78.  Section 252A.2, Code 2001, is amended to read as
 29  3 follows:
 29  4    252A.2  DEFINITIONS.
 29  5    As used in this chapter, unless the context shall require
 29  6 otherwise, the following terms shall have the meanings
 29  7 ascribed to them by this section:
 29  8    1.  "Birth center" means birth center as defined in section
 29  9 135G.2.
 29 10    2. 1.  "Birthing hospital" means a private or public
 29 11 hospital licensed pursuant to chapter 135B that has a licensed
 29 12 obstetric unit or is licensed to provide obstetric services,
 29 13 or a licensed birthing center associated with a hospital.
 29 14    3. 2.  "Child" includes but shall not be limited to a
 29 15 stepchild, foster child or legally adopted child and means a
 29 16 child actually or apparently under eighteen years of age, and
 29 17 a dependent person eighteen years of age or over who is unable
 29 18 to maintain the person's self and is likely to become a public
 29 19 charge.
 29 20    4. 3.  "Court" shall mean and include any court upon which
 29 21 jurisdiction has been conferred to determine the liability of
 29 22 persons for the support of dependents.
 29 23    5. 4.  "Dependent" shall mean and include a spouse, child,
 29 24 mother, father, grandparent or grandchild who is in need of
 29 25 and entitled to support from a person who is declared to be
 29 26 legally liable for such support.
 29 27    6. 5.  "Institution" means a birthing hospital or birth
 29 28 center.
 29 29    7.  "Petitioner" includes each dependent person for whom
 29 30 support is sought in a proceeding instituted pursuant to this
 29 31 chapter or a mother or putative father of a dependent.
 29 32 However, in an action brought by the child support recovery
 29 33 unit, the state is the petitioner.
 29 34    8. 6.  "Party" means a petitioner, a respondent, or a
 29 35 person who intervenes in a proceeding instituted under this
 30  1 chapter.
 30  2    7.  "Petitioner" includes each dependent person for whom
 30  3 support is sought in a proceeding instituted pursuant to this
 30  4 chapter or a mother or putative father of a dependent.
 30  5 However, in an action brought by the child support recovery
 30  6 unit, the state is the petitioner.
 30  7    9. 8.  "Petitioner's representative" includes counsel of a
 30  8 dependent person for whom support is sought and counsel for a
 30  9 mother or putative father of a dependent.  In an action
 30 10 brought by the child support recovery unit, "petitioner's
 30 11 representative" includes a county attorney, state's attorney
 30 12 and any other public officer, by whatever title the officer's
 30 13 public office may be known, charged by law with the duty of
 30 14 instituting, maintaining, or prosecuting a proceeding under
 30 15 this chapter or under the laws of the state.
 30 16    10. 9.  "Putative father" means a man who is alleged to be
 30 17 or who claims to be the biological father of a child born to a
 30 18 woman to whom the man is not married at the time of the birth
 30 19 of the child.
 30 20    11. 10.  "Register" means to file a foreign support order
 30 21 in the registry of foreign support orders maintained as a
 30 22 filing in equity by the clerk of court.
 30 23    12. 11.  "Respondent" includes each person against whom a
 30 24 proceeding is instituted pursuant to this chapter.
 30 25 "Respondent" may include the mother or the putative father of
 30 26 a dependent.
 30 27    13. 12.  "State registrar" means state registrar as defined
 30 28 in section 144.1.
 30 29    Sec. 79.  Chapter 135G, Code 2001, is repealed.  
 30 30 
 30 31 
 30 32                                                             
 30 33                               MARY E. KRAMER
 30 34                               President of the Senate
 30 35 
 31  1 
 31  2                                                             
 31  3                               BRENT SIEGRIST
 31  4                               Speaker of the House
 31  5 
 31  6    I hereby certify that this bill originated in the Senate and
 31  7 is known as Senate File 2325, Seventy-ninth General Assembly.
 31  8 
 31  9 
 31 10                                                             
 31 11                               MICHAEL E. MARSHALL
 31 12                               Secretary of the Senate
 31 13 Approved                , 2002
 31 14 
 31 15 
 31 16                                
 31 17 THOMAS J. VILSACK
 31 18 Governor
     
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