Text: SSB03192 Text: SSB03194 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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" meansthe chief administrative law1 6judge, chief inspector, chief investigator, chief auditor, or1 7thea personadministeringcoordinating 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 this1 21subsection are subject to review and approval by the director1 22of the department of management.The director shall maintain 1 23 a current directory of targeted small businesseswhichthat 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 sections10A.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 shall1 33not reallocate any of the duties of the division of1 34administrative hearings, created by section 10A.801, to any1 35other 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 thechief investigator who shall2 4coordinateperson 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 asotherwiseprovidedfor2 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 the2 18state 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 and2 22liquor 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 statesupplementalsupplementary 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 thechief inspector, who shall3 12coordinateperson 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 asotherwiseprovidedforby law 3 19 including but not limited to the following: 3 20 1. Inspectionsand licensing procedures related to social3 21and charitable gambling pursuant to chapter 99Bof hotels, 3 22 home food establishments, and egg handlers. 3 23 2. Inspections of food establishments, including 3 24 restaurants,hotels, food and beveragevending machines,state3 25educational, charitable, correctional, and penal institutions,3 26and sanitation inspectionsfood 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 ofa3 31particularthe 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 thechief administrator who shall3 35coordinateperson 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 thechief administrative law4 5judge who shall coordinateperson 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 asotherwise4 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.ThoseThe 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, and4 23discipline of all administrative law judges employed by the4 24division shall remain solely within the authority of the4 25division.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 thestate citizen5 3foster care reviewchild 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 thejudicial branchchild 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 3HoweverIn 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 9as 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.HoweverIn 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 thestatechild 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 thestate citizen foster care6 35reviewchild 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. Thestate citizen foster care reviewchild advocacy 7 5 board is created within the department of inspections and 7 6 appeals. The state board consists ofsevennine 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 yearswhichthat 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 theland9 7quality and waste management assistance division of the9 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 theenvironmental protection division of10 3thedepartment 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 theenvironmental protection division of10 22thedepartment 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 theenergy and geological resources10 26division of thedepartment 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 theadministrator of the environmental protection division10 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 thefish and game division of thedepartment 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 32energy and geological resources division of thedepartment 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 theenergy and geological resources division of the12 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 theland quality and waste management assistance division12 35established under section 455B.483department 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 theenvironmental protection division of the13 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 policyhierarchy, and shall present the13 10program 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 theenergy and geological13 14resources division of thedepartment 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 theadministrator of the environmental protection division of13 22thedepartment 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 theadministrator of the environmental protection division13 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 theadministrator of the14 14environmental protection divisiondirector 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,and14 31 455F, and 455H. The commission shall approve the budget 14 32 request prepared by the director for programsadministered by14 33the energy and geological resources division, the14 34administrative services division, and the office of the14 35director, as provided in section 455A.7subject 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 withinthe parks and preserves division ofthe 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 wildlifedivisionarising 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 andWaste 16 25 Management AssistanceDivisionAct". 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 theland16 30quality and waste management assistance divisiondepartment 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.483LAND QUALITY ANDWASTE 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 Thedivisiondepartment 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 theland quality andwaste 17 24 managementassistance divisiontrust fund to be used for 17 25 programs relating to the duties of thedivisiondepartment 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 30divisiondepartment 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, theland quality and waste management18 4assistance divisiondepartment 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 requestfor the land quality and18 11waste management assistance divisionfor 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 theland quality and waste management18 15assistance divisionbudget 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 theland quality and18 21 department relating to waste management assistancedivision. 18 22 5. Approve all contracts and agreements, in excess of 18 23 twenty-five thousand dollars, under this part between theland18 24quality and waste management assistance divisiondepartment 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. Thedivisiondepartment 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. Thedivisiondepartment 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 1divisiondepartment. If the commission rejects the 19 2 recommendation of thedivisiondepartment, 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 Thedivisiondepartment 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 thedivisiondepartment. If the commission 19 12 rejects the recommendation of thedivisiondepartment, 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 Theland quality and waste management assistance division19 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. Thedivisiondepartment 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 Thedivisiondepartment 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 theland20 7quality and waste management assistance division of the20 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) Theland quality andwaste management assistance 20 15divisionprogram 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 thefish and wildlife division of21 5thedepartment 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 wildlifedivisionprograms. 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 activitiesembraced in the fish and wildlife division. 21 21 Expenditures incurred by thedivisiondepartment 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 activitiesembraced in the fish and wildlife21 29division. 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 underthe control ofthe department's 22 1forests and prairies division created in section 455A.722 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 geological22 15resources divisiona 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 theenergy22 29and geological resources division of thedepartment 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 theenergy and geological resources division22 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 theenergy and geological23 7resources divisiondepartment 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. Theadministrator of the energy and geological23 14resources divisiondirector 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 theenergy bureau of the division of energy and24 3geological resources of thedepartment 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 theenvironmental24 14protection division of thedepartment 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. Theenvironmental24 18protection division of thedepartment 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 25fish and wildlife division of thedepartment of natural 24 26 resources. The unit shall be comprised of two wild animal 24 27 depredation biologists.The biologists shall serve under the24 28director 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
Text: SSB03192 Text: SSB03194 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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