Text: SSB03192                          Text: SSB03194
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 3193

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2          DEPARTMENT OF INSPECTIONS AND APPEALS DUTIES
  1  3    Section 1.  Section 10A.101, subsection 1, Code 2001, is
  1  4 amended to read as follows:
  1  5    1.  "Administrator" means the chief administrative law
  1  6 judge, chief inspector, chief investigator, chief auditor, or
  1  7 the a person administering coordinating the administration of
  1  8 a division of the department.
  1  9    Sec. 2.  Section 10A.104, Code 2001, is amended by adding
  1 10 the following new subsection:
  1 11    NEW SUBSECTION.  11.  Administer inspection and licensing
  1 12 of social and charitable gambling pursuant to chapter 99B.
  1 13    Sec. 3.  Section 10A.104, subsection 8, Code 2001, is
  1 14 amended to read as follows:
  1 15    8.  Establish by rule standards and procedures for
  1 16 certifying that targeted small businesses are eligible to
  1 17 participate in the procurement program established in sections
  1 18 73.15 through 73.21.  The procedure for determination of
  1 19 eligibility shall not include self-certification by a
  1 20 business.  Rules and guidelines adopted pursuant to this
  1 21 subsection are subject to review and approval by the director
  1 22 of the department of management.  The director shall maintain
  1 23 a current directory of targeted small businesses which that
  1 24 have been certified pursuant to this subsection.
  1 25    Sec. 4.  Section 10A.106, subsection 2, Code 2001, is
  1 26 amended by striking the subsection.
  1 27    Sec. 5.  Section 10A.106, unnumbered paragraph 2, Code
  1 28 2001, is amended to read as follows:
  1 29    The allocation of departmental duties to the divisions of
  1 30 the department in sections 10A.302, 10A.402, 10A.502, 10A.702,
  1 31 and 10A.801 does not prohibit the director from reallocating
  1 32 departmental duties within the department.  The director shall
  1 33 not reallocate any of the duties of the division of
  1 34 administrative hearings, created by section 10A.801, to any
  1 35 other unit of the department.
  2  1    Sec. 6.  Section 10A.401, subsection 1, Code 2001, is
  2  2 amended to read as follows:
  2  3    1.  "Administrator" means the chief investigator who shall
  2  4 coordinate person coordinating the administration of this
  2  5 division.
  2  6    Sec. 7.  Section 10A.402, Code 2001, is amended to read as
  2  7 follows:
  2  8    10A.402  RESPONSIBILITIES.
  2  9    The administrator shall coordinate the division's conduct
  2 10 of various audits and investigations as otherwise provided for
  2 11 by law including but not limited to the following:
  2 12    1.  Investigations relative to the practice of regulated
  2 13 professions and occupations, except those within the
  2 14 jurisdiction of the board of medical examiners, the board of
  2 15 pharmacy examiners, the board of dental examiners, and the
  2 16 board of nursing.
  2 17    2.  Investigations relative to proposed sales within the
  2 18 state of subdivided land situated outside of the state.
  2 19 Audits relative to the administration of hospitals and health
  2 20 care facilities.
  2 21    3.  Investigations relative to applications for beer and
  2 22 liquor licenses.  Audits relative to administration and
  2 23 disbursement of funding under the state supplementary
  2 24 assistance program and the medical assistance program.
  2 25    4.  Investigations and collections relative to the
  2 26 liquidation of overpayment debts owed to the department of
  2 27 human services.  Collection methods include but are not
  2 28 limited to small claims filings, debt setoff, distress
  2 29 warrants, and repayment agreements, and are subject to
  2 30 approval by the department of human services.
  2 31    5.  Investigations relative to the operations of the
  2 32 department of elder affairs.
  2 33    6.  Investigations relative to the administration of the
  2 34 state supplemental supplementary assistance program, the state
  2 35 medical assistance program, the food stamp program, the family
  3  1 investment program, and any other state or federal benefit
  3  2 assistance program.
  3  3    7.  Investigations relative to the internal affairs and
  3  4 operations of agencies and departments within the executive
  3  5 branch of state government, except for institutions governed
  3  6 by the state board of regents.
  3  7    8.  Evaluation of record checks performed in accordance
  3  8 with section 135C.33.
  3  9    Sec. 8.  Section 10A.501, subsection 1, Code 2001, is
  3 10 amended to read as follows:
  3 11    1.  "Administrator" means the chief inspector, who shall
  3 12 coordinate person coordinating the administration of this
  3 13 division.
  3 14    Sec. 9.  Section 10A.502, Code 2001, is amended to read as
  3 15 follows:
  3 16    10A.502  RESPONSIBILITIES.
  3 17    The administrator shall coordinate the division's conduct
  3 18 of various inspections as otherwise provided for by law
  3 19 including but not limited to the following:
  3 20    1.  Inspections and licensing procedures related to social
  3 21 and charitable gambling pursuant to chapter 99B of hotels,
  3 22 home food establishments, and egg handlers.
  3 23    2.  Inspections of food establishments, including
  3 24 restaurants, hotels, food and beverage vending machines, state
  3 25 educational, charitable, correctional, and penal institutions,
  3 26 and sanitation inspections food processing plants, grocery
  3 27 stores, convenience stores, temporary food establishments, and
  3 28 mobile food units.
  3 29    3.  Inspections for sanitation in any locality of the state
  3 30 upon the written petition of five or more residents of a
  3 31 particular the locality.
  3 32    Sec. 10.  Section 10A.701, subsection 1, Code 2001, is
  3 33 amended to read as follows:
  3 34    1.  "Administrator" means the chief administrator who shall
  3 35 coordinate person coordinating the administration of this
  4  1 division.
  4  2    Sec. 11.  Section 10A.801, subsection 1, paragraph a, Code
  4  3 2001, is amended to read as follows:
  4  4    a.  "Administrator" means the chief administrative law
  4  5 judge who shall coordinate person coordinating the
  4  6 administration of the division.
  4  7    Sec. 12.  Section 10A.801, subsection 2, Code 2001, is
  4  8 amended to read as follows:
  4  9    2.  The administrator shall coordinate the division's
  4 10 conduct of appeals and administrative hearings as otherwise
  4 11 provided by law.
  4 12    Sec. 13.  Section 10A.801, subsection 7, paragraph c, Code
  4 13 2001, is amended to read as follows:
  4 14    c.  To establish standards and procedures for the
  4 15 evaluation, training, promotion, and discipline for the
  4 16 administrative law judges employed by the division.  Those The
  4 17 procedures shall include provisions for each agency for whom a
  4 18 particular administrative law judge presides to submit to the
  4 19 division on a periodic basis the agency's views with respect
  4 20 to the performance of that administrative law judge or the
  4 21 need for specified additional training for that administrative
  4 22 law judge.  However, the evaluation, training, promotion, and
  4 23 discipline of all administrative law judges employed by the
  4 24 division shall remain solely within the authority of the
  4 25 division.
  4 26    Sec. 14.  Sections 10A.301 and 10A.302, Code 2001, are
  4 27 repealed.  
  4 28                           DIVISION II
  4 29                      CHILD ADVOCACY BOARD
  4 30    Sec. 15.  Section 10A.104, subsection 2, Code 2001, is
  4 31 amended to read as follows:
  4 32    2.  Appoint the administrators of the divisions within the
  4 33 department and all other personnel deemed necessary for the
  4 34 administration of this chapter, except the state public
  4 35 defender, assistant state public defenders, administrator of
  5  1 the racing and gaming commission, members of the employment
  5  2 appeal board, and administrator and staff of the state citizen
  5  3 foster care review child advocacy board created in section
  5  4 237.16.  All persons appointed and employed in the department
  5  5 are covered by the provisions of chapter 19A, but persons not
  5  6 appointed by the director are exempt from the merit system
  5  7 provisions of chapter 19A.
  5  8    Sec. 16.  Section 232.2, subsection 9, Code Supplement
  5  9 2001, is amended to read as follows:
  5 10    9.  "Court appointed special advocate" means a person duly
  5 11 certified by the judicial branch child advocacy board created
  5 12 in section 237.16 for participation in the court appointed
  5 13 special advocate program and appointed by the court to
  5 14 represent the interests of a child in any judicial proceeding
  5 15 to which the child is a party or is called as a witness or
  5 16 relating to any dispositional order involving the child
  5 17 resulting from such proceeding.
  5 18    Sec. 17.  Section 232.89, subsection 5, Code 2001, is
  5 19 amended to read as follows:
  5 20    5.  The court may appoint a court appointed special
  5 21 advocate, as defined in section 232.2, subsection 9, to act as
  5 22 guardian ad litem.  The court appointed special advocate shall
  5 23 receive notice of and may attend all depositions, hearings,
  5 24 and trial proceedings to support the child and advocate for
  5 25 the protection of the child.  The court appointed special
  5 26 advocate shall not be allowed to separately introduce evidence
  5 27 or to directly examine or cross-examine witnesses.  The court
  5 28 appointed special advocate shall submit a written report to
  5 29 the court and to each of the parties to the proceedings
  5 30 containing results of the court appointed special advocate's
  5 31 initial investigation of the child's case, including but not
  5 32 limited to recommendations regarding placement of the child
  5 33 and other recommendations based on the best interest of the
  5 34 child.  The court appointed special advocate shall submit
  5 35 subsequent reports to the court and parties, as needed,
  6  1 detailing the continuing situation of the child's case as long
  6  2 as the child remains under the jurisdiction of the court.
  6  3 However In addition, the court appointed special advocate
  6  4 shall file other reports to the court as required by the
  6  5 court.
  6  6    Sec. 18.  Section 232.126, unnumbered paragraph 2, Code
  6  7 2001, is amended to read as follows:
  6  8    The court may appoint a court appointed special advocate,
  6  9 as defined in section 232.2, subsection 9, to act as guardian
  6 10 ad litem.  The court appointed special advocate shall receive
  6 11 notice of and may attend all depositions, hearings, and trial
  6 12 proceedings to support the child and advocate for the
  6 13 protection of the child.  The court appointed special advocate
  6 14 shall not be allowed to separately introduce evidence or to
  6 15 directly examine or cross-examine witnesses.  The court
  6 16 appointed special advocate shall submit reports to the court
  6 17 and the parties to the proceedings containing the information
  6 18 required in reports submitted by a court appointed special
  6 19 advocate under section 232.89, subsection 5.  However In
  6 20 addition, the court appointed special advocate shall file
  6 21 other reports to the court as required by the court.
  6 22    Sec. 19.  Section 235A.15, subsection 2, paragraph e,
  6 23 subparagraph (7), Code Supplement 2001, is amended to read as
  6 24 follows:
  6 25    (7)  To the state child advocacy and local citizen foster
  6 26 care review boards created pursuant to sections 237.16 and
  6 27 237.19.
  6 28    Sec. 20.  Section 237.15, Code 2001, is amended by adding
  6 29 the following new subsection:
  6 30    NEW SUBSECTION.  2A.  "Court appointed special advocate"
  6 31 means the same as defined in section 232.2.
  6 32    Sec. 21.  Section 237.15, subsection 6, Code 2001, is
  6 33 amended to read as follows:
  6 34    6.  "State board" means the state citizen foster care
  6 35 review child advocacy board created pursuant to section
  7  1 237.16.
  7  2    Sec. 22.  Section 237.16, subsection 1, Code 2001, is
  7  3 amended to read as follows:
  7  4    1.  The state citizen foster care review child advocacy
  7  5 board is created within the department of inspections and
  7  6 appeals.  The state board consists of seven nine members
  7  7 appointed by the governor, subject to confirmation by the
  7  8 senate and directly responsible to the governor.  The
  7  9 appointment is for a term of four years which that begins and
  7 10 ends as provided in section 69.19.  Vacancies on the state
  7 11 board shall be filled in the same manner as original
  7 12 appointments are made.
  7 13    Sec. 23.  Section 237.18, subsection 2, Code 2001, is
  7 14 amended by adding the following new paragraph:
  7 15    NEW PARAGRAPH.   g.  Establish procedures and protocols for
  7 16 administering the court appointed special advocate program in
  7 17 accordance with subsection 7.
  7 18    Sec. 24.  Section 237.18, Code 2001, is amended by adding
  7 19 the following new subsections:
  7 20    NEW SUBSECTION.  7.  Administer the court appointed special
  7 21 advocate program, including but not limited to performance of
  7 22 all of the following:
  7 23    a.  Establish standards for the program, including but not
  7 24 limited to standards for selection and screening of
  7 25 volunteers, preservice training, ongoing education, and
  7 26 assignment and supervision of volunteers.  Identifying
  7 27 information concerning a court appointed special advocate,
  7 28 other than the advocate's name, shall not be considered to be
  7 29 a public record under chapter 22.
  7 30    b.  Implement the court appointed special advocate program
  7 31 in additional areas of the state.
  7 32    c.  Promote adherence to the national guidelines for state
  7 33 and local court appointed special advocate programs.
  7 34    d.  Issue an annual report of the court appointed special
  7 35 advocate program for submission to the general assembly, the
  8  1 governor, and the supreme court.
  8  2    e.  Employ appropriate court appointed special advocate
  8  3 program staff in accordance with available funding.  The state
  8  4 board shall coordinate with the department of inspections and
  8  5 appeals the performance of the administrative functions of the
  8  6 state board.
  8  7    NEW SUBSECTION.  8.  Receive gifts, grants, or donations
  8  8 made for any of the purposes of the state board's programs and
  8  9 disburse and administer the funds received in accordance with
  8 10 the terms of the donor and under the direction of program
  8 11 staff.  The funds received shall be used according to any
  8 12 restrictions attached to the funds and any unrestricted funds
  8 13 shall be retained and applied to the applicable program budget
  8 14 for the next succeeding fiscal year.
  8 15    Sec. 25.  CHILD ADVOCACY BOARD.  The child advocacy board
  8 16 shall work with the court appointed special advocate program
  8 17 to develop a plan for merging that program with the citizen
  8 18 foster care review process.  In addition, the board shall also
  8 19 review other programs or processes in state government that
  8 20 are intended to address the best interests of a child who is
  8 21 the subject of an order for out-of-home placement or other
  8 22 juvenile court oversight.  The board shall develop a report
  8 23 with findings and recommendations as to how the programs and
  8 24 processes may be consolidated with the efforts of the board.
  8 25 The plan and report shall be submitted to the general
  8 26 assembly, the governor, and the supreme court on or before
  8 27 December 16, 2002.  
  8 28                          DIVISION III
  8 29                 DEPARTMENT OF NATURAL RESOURCES
  8 30    Sec. 26.  Section 15.221, subsection 2, paragraph c, Code
  8 31 2001, is amended by striking the paragraph and inserting in
  8 32 lieu thereof the following:
  8 33    c.  The director of the department of natural resources or
  8 34 the director's designee.
  8 35    Sec. 27.  Section 15A.1, subsection 3, paragraph b, Code
  9  1 Supplement 2001, is amended to read as follows:
  9  2    b.  If the business generates solid or hazardous waste,
  9  3 that the business conducts in-house audits and management
  9  4 plans to reduce the amount of the waste and to safely dispose
  9  5 of the waste.  For purposes of this paragraph, a business may,
  9  6 in lieu of conducting in-house audits, authorize the land
  9  7 quality and waste management assistance division of the
  9  8 department of natural resources or the Iowa waste reduction
  9  9 center established under section 268.4 to provide the audits.
  9 10    Sec. 28.  Section 15E.111, subsection 1, paragraph b,
  9 11 unnumbered paragraph 2, Code 2001, is amended to read as
  9 12 follows:
  9 13    Financial assistance awarded under this section may be in
  9 14 the form of a loan, loan guarantee, grant, production
  9 15 incentive payment, or a combination of financial assistance.
  9 16 The department shall not award more than twenty-five percent
  9 17 of the amount allocated to the value-added agricultural
  9 18 products and processes financial assistance fund during any
  9 19 fiscal year to support a single person.  The department may
  9 20 finance any size of facility.  However, the department shall
  9 21 reserve up to fifty percent of the total amount allocated to
  9 22 the fund, for purposes of assisting persons requiring one
  9 23 hundred thousand dollars or less in financial assistance.  The
  9 24 amount shall be reserved until the end of the third quarter of
  9 25 the fiscal year.  The department shall not provide financial
  9 26 assistance to support a value-added production facility, if
  9 27 the facility or a person owning a controlling interest in the
  9 28 facility has demonstrated a continuous and flagrant disregard
  9 29 for the health and safety of its employees, or the quality of
  9 30 the environment.  Evidence of such disregard shall include a
  9 31 history of serious or uncorrected violations of state or
  9 32 federal law protecting occupational health and safety or the
  9 33 environment, including but not limited to serious or
  9 34 uncorrected violations of occupational safety and health
  9 35 standards enforced by the division of labor services of the
 10  1 department of workforce development pursuant to chapter 84A,
 10  2 or rules enforced by the environmental protection division of
 10  3 the department of natural resources pursuant to chapter 455B.
 10  4    Sec. 29.  Section 15E.208, subsection 4, paragraph b, Code
 10  5 Supplement 2001, is amended to read as follows:
 10  6    b.  An agricultural products processor, if the processor or
 10  7 a person owning a controlling interest in the processor has
 10  8 demonstrated, within the most recent consecutive three-year
 10  9 period prior to the application for financing, a continuous
 10 10 and flagrant disregard for the health and safety of its
 10 11 employees or the quality of the environment.  Violations of
 10 12 environmental protection statutes, rules, or regulations shall
 10 13 be reported for the most recent five-year period prior to
 10 14 application.  Evidence of such disregard shall include a
 10 15 history of serious or uncorrected violations of state or
 10 16 federal law protecting occupational health and safety or the
 10 17 environment, including but not limited to serious or
 10 18 uncorrected violations of occupational safety and health
 10 19 standards enforced by the division of labor services of the
 10 20 department of workforce development pursuant to chapter 84A,
 10 21 or rules enforced by the environmental protection division of
 10 22 the department of natural resources pursuant to chapter 455B.
 10 23    Sec. 30.  Section 28D.3, subsection 4, Code 2001, is
 10 24 amended to read as follows:
 10 25    4.  Persons employed by the energy and geological resources
 10 26 division of the department of natural resources under this
 10 27 chapter are not subject to the twenty-four-month time
 10 28 limitation specified in subsection 2.
 10 29    Sec. 31.  Section 89B.17, unnumbered paragraph 1, Code
 10 30 2001, is amended to read as follows:
 10 31    The director of public health, the labor commissioner, and
 10 32 the administrator of the environmental protection division
 10 33 director of the department of natural resources or the
 10 34 director's designee under written signatures of all these
 10 35 parties may recommend any of the following actions:
 11  1    Sec. 32.  Section 97B.49G, subsection 6, paragraph c, Code
 11  2 2001, is amended to read as follows:
 11  3    c.  There is appropriated from the state fish and game
 11  4 protection fund to the department of personnel an actuarially
 11  5 determined amount calculated by the Iowa public employees'
 11  6 retirement system sufficient to pay for the additional
 11  7 benefits to conservation peace officers provided by this
 11  8 subsection, as a percentage, in paragraph "a" and for the
 11  9 employer portion of the benefits provided in paragraph "b".
 11 10 The amount is in addition to the contribution paid by the
 11 11 employer under section 97B.11.  The cost of the benefits
 11 12 relating to fish and wildlife conservation peace officers
 11 13 within the fish and game division of the department of natural
 11 14 resources shall be paid from the state fish and game
 11 15 protection fund and the cost of the benefits relating to the
 11 16 other conservation peace officers of the department shall be
 11 17 paid from the general fund.
 11 18    Sec. 33.  Section 103A.8, subsection 7, Code 2001, is
 11 19 amended to read as follows:
 11 20    7.  Limit the application of thermal efficiency standards
 11 21 for energy conservation to new construction which will
 11 22 incorporate a heating or cooling system.  Air exchange fans
 11 23 designed to provide ventilation shall not be considered a
 11 24 cooling system.  The commissioner shall exempt any new
 11 25 construction from thermal efficiency standards for energy
 11 26 conservation if the commissioner determines that the standards
 11 27 are unreasonable as they apply to a particular building or
 11 28 class of buildings including farm buildings for livestock use.
 11 29 Lighting efficiency standards shall recognize variations in
 11 30 lighting intensities required for the various tasks performed
 11 31 within the building.  The commissioner shall consult with the
 11 32 energy and geological resources division of the department of
 11 33 natural resources regarding standards for energy conservation
 11 34 prior to the adoption of the standards.  However, the
 11 35 standards shall be consistent with section 103A.8A.
 12  1    Sec. 34.  Section 103A.8A, Code 2001, is amended to read as
 12  2 follows:
 12  3    103A.8A  MINIMUM ENERGY EFFICIENCY STANDARD.
 12  4    The state building code commissioner shall adopt as a part
 12  5 of the state building code a requirement that new single-
 12  6 family or two-family residential construction shall meet an
 12  7 established minimum energy efficiency standard.  The standard
 12  8 shall be stated in terms of the home heating index developed
 12  9 by the physics department at Iowa state university of science
 12 10 and technology.  The minimum standard shall be the average
 12 11 energy consumption of new single-family or two-family
 12 12 residential construction as determined by a survey conducted
 12 13 by the energy and geological resources division of the
 12 14 department of natural resources of the average actual energy
 12 15 consumption, as expressed in terms of the home heating index.
 12 16 The minimum standard shall only apply to single-family or two-
 12 17 family residential construction commenced after the adoption
 12 18 of the standard.
 12 19    Sec. 35.  Section 161B.1, subsection 2, paragraphs a and b,
 12 20 Code 2001, are amended by striking the paragraphs and
 12 21 inserting in lieu thereof the following:
 12 22    a.  An administrator assigned to energy and geological
 12 23 resource management designated by the director of the
 12 24 department of natural resources.
 12 25    b.  An administrator assigned to environmental protection
 12 26 designated by the director of the department of natural
 12 27 resources.
 12 28    Sec. 36.  Section 173.16, unnumbered paragraph 2, Code
 12 29 Supplement 2001, is amended to read as follows:
 12 30    In order to efficiently administer facilities and events on
 12 31 the state fairgrounds, and to promote Iowa's conservation
 12 32 ethic, the Iowa state fair board shall handle or dispose of
 12 33 waste generated on the state fairgrounds under supervision of
 12 34 the land quality and waste management assistance division
 12 35 established under section 455B.483 department of natural
 13  1 resources.
 13  2    Sec. 37.  Section 206.25, Code 2001, is amended to read as
 13  3 follows:
 13  4    206.25  PESTICIDE CONTAINERS DISPOSAL.
 13  5    The department of agriculture and land stewardship, in
 13  6 cooperation with the environmental protection division of the
 13  7 department of natural resources, shall develop a program for
 13  8 handling used pesticide containers which reflects the state
 13  9 solid waste management policy hierarchy, and shall present the
 13 10 program developed to the general assembly by February 1, 1988.
 13 11    Sec. 38.  Section 266.39C, subsection 2, paragraph f, Code
 13 12 2001, is amended to read as follows:
 13 13    f.  One representative of the energy and geological
 13 14 resources division of the department of natural resources,
 13 15 appointed by the director.
 13 16    Sec. 39.  Section 427.1, subsection 19, unnumbered
 13 17 paragraphs 5 and 6, Code Supplement 2001, are amended to read
 13 18 as follows:
 13 19    The application for a specific pollution-control or
 13 20 recycling property shall be accompanied by a certificate of
 13 21 the administrator of the environmental protection division of
 13 22 the department of natural resources certifying that the
 13 23 primary use of the pollution-control property is to control or
 13 24 abate pollution of any air or water of this state or to
 13 25 enhance the quality of any air or water of this state or, if
 13 26 the property is recycling property, that the primary use of
 13 27 the property is for recycling.
 13 28    A taxpayer may seek judicial review of a determination of
 13 29 the administrator of the environmental protection division
 13 30 department or, on appeal, of the environmental protection
 13 31 commission in accordance with the provisions of chapter 17A.
 13 32    Sec. 40.  Section 427.1, subsection 20, unnumbered
 13 33 paragraph 1, Code Supplement 2001, is amended to read as
 13 34 follows:
 13 35    The impoundment structure and any land underlying an
 14  1 impoundment located outside an incorporated city, which are
 14  2 not developed or used directly or indirectly for
 14  3 nonagricultural income-producing purposes and which are
 14  4 maintained in a condition satisfactory to the soil and water
 14  5 conservation district commissioners of the county in which the
 14  6 impoundment structure and the impoundment are located.  A
 14  7 person owning land which qualifies for a property tax
 14  8 exemption under this subsection shall apply to the county
 14  9 assessor each year not later than February 1 for the
 14 10 exemption.  The application shall be made on forms prescribed
 14 11 by the department of revenue and finance.  The first
 14 12 application shall be accompanied by a copy of the water
 14 13 storage permit approved by the administrator of the
 14 14 environmental protection division director of the department
 14 15 of natural resources or the director's designee, and a copy of
 14 16 the plan for the construction of the impoundment structure and
 14 17 the impoundment.  The construction plan shall be used to
 14 18 determine the total acre-feet of the impoundment and the
 14 19 amount of land which is eligible for the property tax
 14 20 exemption.  The county assessor shall annually review each
 14 21 application for the property tax exemption under this
 14 22 subsection and submit it, with the recommendation of the soil
 14 23 and water conservation district commissioners, to the board of
 14 24 supervisors for approval or denial.  An applicant for a
 14 25 property tax exemption under this subsection may appeal the
 14 26 decision of the board of supervisors to the district court.
 14 27    Sec. 41.  Section 455A.6, subsection 6, paragraph d, Code
 14 28 2001, is amended to read as follows:
 14 29    d.  Approve the budget request prepared by the director for
 14 30 the programs authorized by chapters 455B, 455C, 455E, and
 14 31 455F, and 455H.  The commission shall approve the budget
 14 32 request prepared by the director for programs administered by
 14 33 the energy and geological resources division, the
 14 34 administrative services division, and the office of the
 14 35 director, as provided in section 455A.7 subject to the
 15  1 rulemaking authority of the commission.  The commission may
 15  2 increase, decrease, or strike any item within the department
 15  3 budget request for the specified programs before granting
 15  4 approval.
 15  5    Sec. 42.  Section 455A.7, subsection 1, Code Supplement
 15  6 2001, is amended by striking the subsection and inserting in
 15  7 lieu thereof the following:
 15  8    1.  The director may establish administrative divisions,
 15  9 bureaus, or other administrative entities within the
 15 10 department in order to most efficiently and effectively carry
 15 11 out the department's responsibilities.  The creation or
 15 12 modification of departmental divisions, bureaus, or other
 15 13 administrative entities shall be implemented only after
 15 14 consultation with the natural resource commission or the
 15 15 environmental protection commission as applicable.
 15 16    Sec. 43.  Section 455A.8, subsection 1, Code 2001, is
 15 17 amended to read as follows:
 15 18    1.  The Brushy Creek recreation trails advisory board shall
 15 19 be organized within the parks and preserves division of the
 15 20 department and shall be composed of ten members including the
 15 21 following:  the director of the department or the director's
 15 22 designee who shall serve as a nonvoting ex officio member, the
 15 23 park ranger responsible for the Brushy Creek recreation area,
 15 24 a member of the state advisory board for preserves established
 15 25 under chapter 465C, a person appointed by the governor, and
 15 26 six persons appointed by the legislative council.  Each person
 15 27 appointed by the governor or legislative council must actively
 15 28 participate in recreational trail activities such as hiking,
 15 29 an equestrian sport, or a winter sport at the Brushy Creek
 15 30 recreation area.  The voting members shall elect a chairperson
 15 31 at the board's first meeting each year.
 15 32    Sec. 44.  Section 455A.10, Code 2001, is amended to read as
 15 33 follows:
 15 34    455A.10  STATE FISH AND GAME PROTECTION FUND – CAPITAL
 15 35 PROJECTS AND CONTINGENCIES.
 16  1    Funds remaining in the state fish and game protection fund
 16  2 during a fiscal year which are not specifically appropriated
 16  3 by the general assembly are appropriated and may be used for
 16  4 capital projects and contingencies under the jurisdiction of
 16  5 the department relating to fish and wildlife division arising
 16  6 during the fiscal year.  A contingency shall not include any
 16  7 purpose or project which was presented to the general assembly
 16  8 by way of a bill or a proposed bill and which failed to be
 16  9 enacted into law.  For the purpose of this section, a
 16 10 necessity of additional operating funds may be construed as a
 16 11 contingency.  Before any of the funds authorized to be
 16 12 expended by this section are allocated for contingencies, it
 16 13 shall be determined by the executive council that a
 16 14 contingency exists and that the contingency was not existent
 16 15 while the general assembly was in session and that the
 16 16 proposed allocation shall be for the best interests of the
 16 17 state.  If a contingency arises or could reasonably be
 16 18 foreseen during the time the general assembly is in session,
 16 19 expenditures for the contingency must be authorized by the
 16 20 general assembly.
 16 21    Sec. 45.  Section 455B.480, Code Supplement 2001, is
 16 22 amended to read as follows:
 16 23    455B.480  SHORT TITLE.
 16 24    This part may be cited as the "Land Quality and Waste
 16 25 Management Assistance Division Act".
 16 26    Sec. 46.  Section 455B.481, subsection 2, Code Supplement
 16 27 2001, is amended to read as follows:
 16 28    2.  It is also the intent of the general assembly that a
 16 29 comprehensive waste management plan be established by the land
 16 30 quality and waste management assistance division department
 16 31 which includes:  the determination of need and adequate
 16 32 regulatory controls prior to the initiation of site selection;
 16 33 the process for selecting a superior site determined to be
 16 34 necessary; the establishment of a process for a site community
 16 35 to submit or present data, views, or arguments regarding the
 17  1 selection of the operator and the technology that best ensures
 17  2 proper facility operation; the prohibition of shallow land
 17  3 burial of hazardous and low-level radioactive wastes; the
 17  4 establishment of a regulatory framework for a facility; and
 17  5 the establishment of provisions for the safe and orderly
 17  6 development, operation, closure, postclosure, and long-term
 17  7 monitoring and maintenance of the facility.
 17  8    Sec. 47.  Section 455B.482, subsection 4, Code Supplement
 17  9 2001, is amended by striking the subsection.
 17 10    Sec. 48.  Section 455B.483, Code Supplement 2001, is
 17 11 amended by striking the section and inserting in lieu thereof
 17 12 the following:
 17 13    455B.483  LAND QUALITY AND WASTE MANAGEMENT ASSISTANCE.
 17 14    The director of the department of natural resources shall
 17 15 provide for administration of the provisions of this part.
 17 16    Sec. 49.  Section 455B.484, unnumbered paragraph 1, Code
 17 17 Supplement 2001, is amended to read as follows:
 17 18    The division department shall:
 17 19    Sec. 50.  Section 455B.484, subsections 2 and 9, Code
 17 20 Supplement 2001, are amended to read as follows:
 17 21    2.  Seek, receive, and accept funds in the form of
 17 22 appropriations, grants, awards, wills, bequests, endowments,
 17 23 and gifts for deposit into the land quality and waste
 17 24 management assistance division trust fund to be used for
 17 25 programs relating to the duties of the division department
 17 26 under this part.
 17 27    9.  Include in the annual report to the governor and the
 17 28 general assembly required by section 455A.4, subsection 1,
 17 29 paragraph "d", information outlining the activities of the
 17 30 division department in carrying out programs and
 17 31 responsibilities under this part, and identifying trends and
 17 32 developments in the management of waste.  The report shall
 17 33 also include specific recommendations for attaining the goals
 17 34 for waste minimization and capacity assurance requirements.
 17 35    Sec. 51.  Section 455B.484, subsection 13, paragraph c,
 18  1 Code Supplement 2001, is amended to read as follows:
 18  2    c.  In solicitation of proposals for the implementation of
 18  3 the comprehensive plan, the land quality and waste management
 18  4 assistance division department shall give preference to
 18  5 cooperative proposals which incorporate and utilize the
 18  6 participation of the universities under the control of the
 18  7 state board of regents.
 18  8    Sec. 52.  Section 455B.485, subsections 3, 4, and 5, Code
 18  9 Supplement 2001, are amended to read as follows:
 18 10    3.  Approve the budget request for the land quality and
 18 11 waste management assistance division for administration of
 18 12 this part prior to submission to the department of management.
 18 13 The commission may increase, decrease, or strike any proposed
 18 14 expenditure within the land quality and waste management
 18 15 assistance division budget request before granting approval.
 18 16    4.  Recommend legislative action which may be required for
 18 17 the safe and proper management of waste, for the acquisition
 18 18 or operation of a facility, for the funding of a facility, to
 18 19 enter into interstate agreements for the management of a
 18 20 facility, and to improve the operation of the land quality and
 18 21 department relating to waste management assistance division.
 18 22    5.  Approve all contracts and agreements, in excess of
 18 23 twenty-five thousand dollars, under this part between the land
 18 24 quality and waste management assistance division department
 18 25 and other public or private persons or agencies.
 18 26    Sec. 53.  Section 455B.486, Code 2001, is amended to read
 18 27 as follows:
 18 28    455B.486  FACILITY SITING.
 18 29    1.  The division department shall identify and recommend to
 18 30 the commission suitable sites for locating facilities for the
 18 31 treatment, storage, or disposal of hazardous waste within this
 18 32 state.  The division department shall use site selection
 18 33 criteria adopted by the environmental protection commission
 18 34 pursuant to section 455B.487 in identifying these sites.  The
 18 35 commission shall accept or reject the recommendation of the
 19  1 division department.  If the commission rejects the
 19  2 recommendation of the division department, the commission
 19  3 shall state its reasons for rejecting the recommendation.
 19  4    2.  The commission shall adopt rules establishing criteria
 19  5 for the identification of sites which are suitable for the
 19  6 operation of low-level radioactive waste disposal facilities.
 19  7 The division department shall apply these criteria, once
 19  8 adopted, to identify and recommend to the commission sites
 19  9 suitable for locating facilities for the disposal of low-level
 19 10 radioactive waste.  The commission shall accept or reject the
 19 11 recommendation of the division department.  If the commission
 19 12 rejects the recommendation of the division department, the
 19 13 commission shall state its reasons for rejecting the
 19 14 recommendation.
 19 15    Sec. 54.  Section 455B.516, subsection 3, Code Supplement
 19 16 2001, is amended by striking the subsection.
 19 17    Sec. 55.  Section 455B.517, unnumbered paragraph 1, Code
 19 18 Supplement 2001, is amended to read as follows:
 19 19    The land quality and waste management assistance division
 19 20 department shall do all of the following:
 19 21    Sec. 56.  Section 455B.517, subsection 4, Code Supplement
 19 22 2001, is amended to read as follows:
 19 23    4.  Seek, receive, and accept funds in the form of
 19 24 appropriations, grants, awards, wills, bequests, endowments,
 19 25 and gifts for the uses designated pursuant to section
 19 26 455B.133B.  The division department shall also coordinate
 19 27 existing resources and oversee the disbursement of federal
 19 28 grant moneys to provide consistency in achieving the toxics
 19 29 pollution prevention goal of the state.
 19 30    Sec. 57.  Section 455B.518, subsection 2, unnumbered
 19 31 paragraph 1, Code 2001, is amended to read as follows:
 19 32    The division department shall adopt criteria for the
 19 33 information required in a multimedia toxics pollution
 19 34 prevention plan.  To the extent possible, the plans shall
 19 35 coordinate reporting requirements in order to minimize
 20  1 unnecessary duplication.  The plans shall include, but are not
 20  2 limited to, all of the following:
 20  3    Sec. 58.  Section 455E.11, subsection 2, paragraph a,
 20  4 subparagraph (1), subparagraph subdivision (b), Code
 20  5 Supplement 2001, is amended to read as follows:
 20  6    (b)  One hundred sixty-five thousand dollars to the land
 20  7 quality and waste management assistance division of the
 20  8 department to be used for the by-products and waste search
 20  9 service at the university of northern Iowa.
 20 10    Sec. 59.  Section 455E.11, subsection 2, paragraph a,
 20 11 subparagraph (2), subparagraph subdivision (a), subparagraph
 20 12 subdivision part (iv), Code Supplement 2001, is amended to
 20 13 read as follows:
 20 14    (iv)  The land quality and waste management assistance
 20 15 division program of the department.
 20 16    Sec. 60.  Section 455E.11, subsection 2, paragraph b,
 20 17 subparagraph (3), subparagraph subdivision (b), unnumbered
 20 18 paragraph 1, Code Supplement 2001, is amended to read as
 20 19 follows:
 20 20    Two percent is appropriated annually to the department and,
 20 21 except for administrative expenses, is transferred to the Iowa
 20 22 department of public health for the purpose of administering
 20 23 grants to counties and conducting oversight of county-based
 20 24 programs for the testing of private rural water supply wells,
 20 25 private rural water supply well sealing, and the proper
 20 26 closure of private rural abandoned wells and cisterns.  Not
 20 27 more than thirty-five percent of the moneys is appropriated
 20 28 annually for grants to counties for the purpose of conducting
 20 29 programs of private rural water supply testing, private rural
 20 30 water supply well sealing, the proper closure of private rural
 20 31 abandoned wells and cisterns, or any combination thereof.  An
 20 32 amount agreed to by the department of natural resources and
 20 33 the Iowa department of public health shall be retained by the
 20 34 department of natural resources for administrative expenses.
 20 35    Sec. 61.  Section 456A.16, unnumbered paragraph 5, Code
 21  1 2001, is amended to read as follows:
 21  2    The general assembly shall appropriate annually from the
 21  3 state fish and game protection fund the amount credited to the
 21  4 fund from the checkoff to the fish and wildlife division of
 21  5 the department for the purposes specified in this section.
 21  6    Sec. 62.  Section 456A.17, unnumbered paragraph 2, Code
 21  7 2001, is amended to read as follows:
 21  8    The state fish and game protection fund, except as
 21  9 otherwise provided, consists of all moneys accruing from
 21 10 license fees and all other sources of revenue arising under
 21 11 the fish and wildlife division programs.  Notwithstanding
 21 12 section 12C.7, subsection 2, interest or earnings on
 21 13 investments or time deposits of the moneys in the state fish
 21 14 and game protection fund shall be credited to that fund.
 21 15    Sec. 63.  Section 456A.19, unnumbered paragraphs 1 and 2,
 21 16 Code 2001, are amended to read as follows:
 21 17    All funds accruing to the fish and game protection fund,
 21 18 except an equitable portion of the administration fund, shall
 21 19 be expended solely in carrying on the fish and wildlife
 21 20 activities embraced in the fish and wildlife division.
 21 21 Expenditures incurred by the division department in carrying
 21 22 on the activities shall be only on authorization by the
 21 23 general assembly.
 21 24    The department shall by October 1 of each year submit to
 21 25 the department of management for transmission to the general
 21 26 assembly a detailed estimate of the amount required by the
 21 27 department during the succeeding year for carrying on the fish
 21 28 and wildlife activities embraced in the fish and wildlife
 21 29 division.  The estimate shall be in the same general form and
 21 30 detail as required by law in estimates submitted by other
 21 31 state departments.
 21 32    Sec. 64.  Section 456A.21, subsection 1, Code 2001, is
 21 33 amended to read as follows:
 21 34    1.  A forestry management and enhancement fund is created
 21 35 in the state treasury under the control of the department's
 22  1 forests and prairies division created in section 455A.7
 22  2 control.  The fund is composed of moneys deposited into the
 22  3 fund pursuant to section 456A.20, moneys appropriated by the
 22  4 general assembly, and moneys available to and obtained or
 22  5 accepted by the division or the department from the United
 22  6 States or private sources for placement in the fund.
 22  7    Sec. 65.  Section 473.11, subsection 3, unnumbered
 22  8 paragraph 1, Code 2001, is amended to read as follows:
 22  9    An energy fund disbursement council is established.  The
 22 10 council shall be composed of the governor or the governor's
 22 11 designee, the director of the department of management, who
 22 12 shall serve as the council's chairperson, the administrator of
 22 13 the division of community action agencies of the department of
 22 14 human rights, the administrator of the energy and geological
 22 15 resources division a designee of the director of the
 22 16 department of natural resources who is knowledgeable in the
 22 17 field of energy conservation, and a designee of the director
 22 18 of transportation, who is knowledgeable in the field of energy
 22 19 conservation.  The council shall include as nonvoting members
 22 20 two members of the senate appointed by the president of the
 22 21 senate, after consultation with the majority leader and the
 22 22 minority leader of the senate, and two members of the house of
 22 23 representatives appointed by the speaker of the house, after
 22 24 consultation with the majority leader and the minority leader
 22 25 of the house.  The legislative members shall be appointed upon
 22 26 the convening and for the period of each general assembly.
 22 27 Not more than one member from each house shall be of the same
 22 28 political party.  The council shall be staffed by the energy
 22 29 and geological resources division of the department of natural
 22 30 resources.  The attorney general shall provide legal
 22 31 assistance to the council.
 22 32    Sec. 66.  Section 473.11, subsection 3, paragraphs c and f,
 22 33 Code 2001, are amended to read as follows:
 22 34    c.  Work with the energy and geological resources division
 22 35 department of natural resources in adopting administrative
 23  1 rules necessary to administer expenditures from the trust,
 23  2 encourage applications for grants and loans, review and select
 23  3 proposals for the funding of competitive grants and loans from
 23  4 the energy conservation trust, and evaluate their comparative
 23  5 effectiveness.
 23  6    f.  Prepare, in conjunction with the energy and geological
 23  7 resources division department of natural resources, an annual
 23  8 report to the governor and the general assembly regarding
 23  9 earnings of and expenditures from the energy conservation
 23 10 trust.
 23 11    Sec. 67.  Section 473.11, subsection 4, Code 2001, is
 23 12 amended to read as follows:
 23 13    4.  The administrator of the energy and geological
 23 14 resources division director of the department of natural
 23 15 resources or the director's designee shall be the
 23 16 administrator of the energy conservation trust.  The
 23 17 administrator shall disburse moneys appropriated by the
 23 18 general assembly from the funds in the trust in accordance
 23 19 with the federal court orders, law and regulation, or
 23 20 settlement conditions applying to the moneys in that fund, and
 23 21 subject to the approval of the energy fund disbursement
 23 22 council if such approval is required.  The council, after
 23 23 consultation with the attorney general, shall immediately
 23 24 approve the disbursement of moneys from the funds in the trust
 23 25 for projects which meet the federal court orders, law and
 23 26 regulations, or settlement conditions which apply to that
 23 27 fund.
 23 28    Sec. 68.  Section 476.6, subsection 19, paragraph b, Code
 23 29 Supplement 2001, is amended to read as follows:
 23 30    b.  A gas and electric utility required to be rate-
 23 31 regulated under this chapter shall assess potential energy and
 23 32 capacity savings available from actual and projected customer
 23 33 usage by applying commercially available technology and
 23 34 improved operating practices to energy-using equipment and
 23 35 buildings.  The utility shall submit the assessment to the
 24  1 board.  Upon receipt of the assessment, the board shall
 24  2 consult with the energy bureau of the division of energy and
 24  3 geological resources of the department of natural resources to
 24  4 develop specific capacity and energy savings performance
 24  5 standards for each utility.  The utility shall submit an
 24  6 energy efficiency plan which shall include economically
 24  7 achievable programs designed to attain these energy and
 24  8 capacity performance standards.
 24  9    Sec. 69.  Section 476.6, subsection 25, paragraph a,
 24 10 subparagraphs (2) and (3), Code Supplement 2001, are amended
 24 11 to read as follows:
 24 12    (2)  Copies of the initial plan and budget, as well as any
 24 13 subsequent updates, shall be served on the environmental
 24 14 protection division of the department of natural resources.
 24 15    (3)  The initial multiyear plan and budget and any
 24 16 subsequent updates shall be considered in a contested case
 24 17 proceeding pursuant to chapter 17A.  The environmental
 24 18 protection division of the department of natural resources and
 24 19 the consumer advocate shall participate as parties to the
 24 20 proceeding.
 24 21    Sec. 70.  Section 481C.1, Code 2001, is amended to read as
 24 22 follows:
 24 23    481C.1  WILD ANIMAL DEPREDATION UNIT.
 24 24    A wild animal depredation unit is established within the
 24 25 fish and wildlife division of the department of natural
 24 26 resources.  The unit shall be comprised of two wild animal
 24 27 depredation biologists.  The biologists shall serve under the
 24 28 director of the department of natural resources.  
 24 29                           DIVISION IV
 24 30                       OVERSIGHT COMMITTEE
 24 31    Sec. 71.  Section 2.45, Code 2001, is amended by adding the
 24 32 following new subsection:
 24 33    NEW SUBSECTION.  5.  a.  The legislative oversight
 24 34 committee composed of members designated by the legislative
 24 35 council.  In addition to the duties assigned by the
 25  1 legislative council, the committee shall systematically review
 25  2 the programs, agencies, and functions of the executive and
 25  3 judicial branches of government to ensure that public
 25  4 resources are used in the most efficient manner to benefit the
 25  5 people of Iowa.
 25  6    b.  The committee shall implement a systematic process of
 25  7 assessing the programs, agencies, and functions.  Annually, by
 25  8 October 1, the committee shall identify the programs,
 25  9 agencies, and functions that will be subject to review and
 25 10 evaluation in the succeeding calendar year.  An agency of
 25 11 state government selected by the committee for review and
 25 12 evaluation shall provide information as required by the
 25 13 committee, which may include but is not limited to the
 25 14 following:
 25 15    (1)  Identifying the activities, services, products, and
 25 16 functions of the agency, including identifying those that are
 25 17 required and the source of the requirement.  At minimum, the
 25 18 sources identified shall include state law, state
 25 19 administrative rule, federal law, and federal regulation.
 25 20    (2)  Specifying for all activities, services, products, and
 25 21 functions, the users or clientele, and the current level of
 25 22 need for and the level of satisfaction with the activity,
 25 23 service, product, or function.
 25 24    (3)  Listing each discretionary activity, service, product,
 25 25 or function of the agency that is not required by state law,
 25 26 state administrative rule, federal law, or federal regulation.
 25 27    (4)  Identifying the degree of alignment between the agency
 25 28 strategic plan adopted pursuant to section 8E.206 and the
 25 29 requirements of the agency in state law and administrative
 25 30 rule.
 25 31    (5)  Identifying alternative methods of providing the
 25 32 agency's existing activities, services, products, and
 25 33 functions, and quantifying the impact to Iowans if such
 25 34 activities, services, products, or functions are no longer
 25 35 provided by the agency.  
 26  1                           EXPLANATION
 26  2    This bill relates to certain regulatory functions.  The
 26  3 bill reorganizes duties of the department of inspections and
 26  4 appeals, transfers the court appointed special advocate
 26  5 program to the department of inspections and appeals,
 26  6 reorganizes the structure of the department of natural
 26  7 resources, and provides for legislative review of agencies.
 26  8    In division I of the bill, the definition of the term
 26  9 "administrator" is amended throughout Code chapter 10A,
 26 10 relating to the department of inspections and appeals, by
 26 11 providing a general description of each division
 26 12 administrator.
 26 13    The duties of the director of the department of inspections
 26 14 and appeals in Code section 10A.104 are amended to include
 26 15 administration of inspection and licensing of social and
 26 16 charitable gambling in place of the inspections division.  The
 26 17 bill eliminates a provision making the director of the
 26 18 department of inspections and appeals' rulemaking authority in
 26 19 regard to targeted small business subject to the review and
 26 20 approval of the director of the department of management.
 26 21    Code section 10A.106, providing a list of the divisions of
 26 22 the department, is amended to eliminate the audits division.
 26 23    The duties of the investigations division in Code section
 26 24 10A.402 are amended to eliminate investigation of proposed
 26 25 sales in this state of subdivided land situated outside the
 26 26 state and investigation of applications for beer and liquor
 26 27 licenses and to add audits of various public assistance
 26 28 programs that are subject to investigation by this division
 26 29 and the duty to evaluate the results of record checks
 26 30 conducted under Code chapter 135C, relating to health
 26 31 facilities.
 26 32    The duties of the inspections division in Code section
 26 33 10A.502 are amended to eliminate responsibility for regulation
 26 34 of social and charitable gambling and inspections of
 26 35 educational, charitable, correctional, and penal institutions
 27  1 and to add responsibility for home food establishments, egg
 27  2 handlers, food processing plants, grocery stores, convenience
 27  3 stores, temporary food establishments, and mobile food units.
 27  4    The bill eliminates the sole authority of the division of
 27  5 administrative hearings in Code section 10A.801 for various
 27  6 personnel matters concerning administrative law judges.
 27  7    In division II, the child advocacy state board is directed
 27  8 to work with the court appointed special advocate program to
 27  9 develop a plan for merging that program with the citizen
 27 10 foster care review process.  In addition, the board is also
 27 11 directed to review other programs or processes in state
 27 12 government that are intended to address the best interests of
 27 13 a child who is the subject of an order for out-of-home
 27 14 placement or other juvenile court oversight.  The board is to
 27 15 report to the governor and general assembly on the two items
 27 16 on or before December 16, 2002.
 27 17    In division II of the bill, the "state citizen foster care
 27 18 review board" created in Code section 237.16 is renamed to be
 27 19 the "child advocacy board".  That board, which is
 27 20 administratively attached to the department of inspections and
 27 21 appeals, assumes responsibility for the functions of the court
 27 22 appointed special advocate (CASA) program in place of the
 27 23 judicial branch.  In December 2001, the legislative council
 27 24 adopted a resolution providing for the CASA program to be
 27 25 administered by the office of the citizens' aide on a
 27 26 temporary basis.  The bill amends the definition of the term
 27 27 "court appointed special advocate" in Code section 232.2 to
 27 28 provide that the child advocacy board certifies persons for
 27 29 participation and appointment by the court.  The bill amends
 27 30 the duties of a CASA appointed under Code section 232.89 for
 27 31 child in need of assistance proceedings and Code section
 27 32 232.126 for family in need of assistance proceedings to
 27 33 require the CASA to submit various reports to the court and
 27 34 the parties to the proceedings.  Identifying information
 27 35 concerning a CASA, other than the CASA's name, is not to be
 28  1 considered to be a public record under Code chapter 22, Iowa's
 28  2 open records law.
 28  3    The newly named child advocacy board membership under Code
 28  4 section 232.16 is increased from seven to nine members, a
 28  5 definition of CASA is added to Code chapter 237, and
 28  6 implementation of the CASA program is added to the board's
 28  7 duties.  In addition, the board may receive and use
 28  8 contributed funds for the board's programs and adopt rules for
 28  9 the CASA program.
 28 10    In division III, the bill provides for the reorganization
 28 11 of the administrative structure of the department of natural
 28 12 resources.  The current seven divisions of the department that
 28 13 are created and named in Code section 455A.7 are stricken.  In
 28 14 total, the current departmental organization includes seven
 28 15 divisions and 21 bureaus.
 28 16    Division III authorizes the director of the department to
 28 17 establish administrative divisions, bureaus, or other
 28 18 administrative entities within the department to most
 28 19 efficiently and effectively carry out the department's
 28 20 responsibilities.  The director shall consult with the natural
 28 21 resource commission and the environmental protection
 28 22 commission, as applicable, during the reorganization process.
 28 23    Division III also provides for the transfer of funds and
 28 24 responsibilities relating to oversight and testing of private
 28 25 rural water supply wells, private rural water supply well
 28 26 sealing, and the proper closure of private rural abandoned
 28 27 wells and cisterns to the Iowa department of public health.
 28 28    The remainder of division III includes corresponding
 28 29 amendments to remove the names of divisions that are stricken
 28 30 in the amendment to Code section 455A.7.
 28 31    In division IV of the bill, the existence of the oversight
 28 32 committee of the legislative council is codified in Code
 28 33 section 2.45, relating to the committees of the legislative
 28 34 council.  The committee is directed to perform an annual
 28 35 review process for executive and judicial branch agencies and
 29  1 information that may be required of the agencies is listed.  
 29  2 LSB 7093XA 79
 29  3 jp/cf/24.3
     

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