11—100.4(8A) Use and scheduling of capitol complex facilities.
	100.4(1) Scheduling conference rooms. Conference rooms, auditoriums and common areas within the capitol complex are for use by state agencies, boards and commissions for authorized purposes only. Arrangements may be made by contacting the agency responsible for scheduling the facility. The department of administrative services is responsible for scheduling all common areas not under control of other agencies. Questions about usage shall be resolved by the director of the responsible agency.
	100.4(2) Legislative and judicial building contacts. The secretary of the senate, the clerk of the house and the court administrator are responsible for areas under their control. Common areas in and around the Capitol Building are under the control of the department of administrative services.
	100.4(3) Iowa Historical Building events. Scheduling of events by the public as well as by state agencies, boards and commissions to be held in the Iowa Historical Building will be coordinated by the department of cultural affairs. Groups or individuals wishing to use the Iowa Historical Building for an event should contact the Facilities Coordinator, State Historical Society of Iowa, Iowa Historical Building, 600 East Locust Street, Des Moines, Iowa 50319.
	100.4(4) Event request. State agencies or the general public may request use of capitol complex facilities, grounds or parking lots for public events by completing an application on the department website (das.iowa.gov). This shall not be interpreted as an infringement on the right of assembly and petition guaranteed by Section 20, Article I, Constitution of Iowa.
	a. 	The director shall notify the applicant of approval or denial to use the requested areas. Notification of approval may take the form of a letter to the event sponsor(s) or a memorandum of understanding (MOU) signed by the director and the event sponsor(s). The MOU specifies the conditions under which the event will take place.
	b. 	The director may allow events if appropriate security and supervision are provided and the director determines that granting the approval is consistent with the underlying purpose of these rules and that the public interest so demands.
	c. 	Approval for the event may contain such terms and conditions as are consistent with the protection, health and safety of occupants of the buildings and visitors to the capitol complex as well as preservation of the buildings, facilities, and grounds. The approval may also contain limitations on equipment used and its location, and the time and area within which the event is allowed.
	100.4(5) Refusal of usage. The director may refuse to allow use of the facilities that, in the director’s judgment, would be disruptive of official state business or of the public health, safety and welfare, or is inconsistent with subrule 100.4(4). The director may consider such factors as recommendations of the department of public safety, previous experience with the requesting group or other events similar to that requested.
	100.4(6) Liability. Any state agency or public group granted permission to use the capitol complex facilities shall be responsible for any damage occurring during the event.
	a. 	Prior to granting approval, the director may require the requesting group to acquire liability insurance in which the “State of Iowa” is named as an additional insured to protect the state.
	b. 	As a condition of granting approval of a request for an event at the capitol complex, the director may also require that a damage deposit or bond be posted by the group making the request. The director may require the filing of a bond payable to the director in an amount adequate to cover costs such as restoration, rehabilitation and cleanup of the area used, damages and other costs resulting from this event. In lieu of a bond, an event requester may elect to deposit cash equal to the amount of the required bond.
	100.4(7) Event cleanup. Any state agency or public group granted permission to use the capitol complex facilities shall be responsible for a thorough cleanup after the event is concluded. All debris and animal waste shall be removed.
	1100.4(8) Alcoholic beverages at events. Consumption of alcoholic beverages, as defined in Iowa Code chapter 123, is not permitted on the capitol complex except for special events in the Iowa Historical Building, 600 East Locust Street, with the prior written approval of the director and the director of the department of cultural affairs.
	100.4(9) Distribution of literature. Permission to distribute literature on the capitol complex grounds or in state-owned or occupied areas of leased buildings in metropolitan Des Moines must be obtained from the director. The director may designate specific locations from which literature may be distributed in order to ensure control of litter, unobstructed access to public buildings and the conduct of public business.
	100.4(10) Private parties. No state-owned facilities, equipment or state personnel shall be used for such events as private parties, weddings, demonstrations, and rallies without the prior written consent of the director.
	100.4(11) Access hours. Public use of state buildings is restricted to normal office hours. Hours during which public access is allowed shall be posted at each entrance to a building through which public access is allowed.
	100.4(12) After-hours use. After-hours use of capitol complex buildings is restricted to use by state agencies and must directly relate to the mission of the state agency sponsoring the event.
	a. 	For all buildings except the Capitol Building and the Iowa Historical Building, normal office hours are 7 a.m.	to 5 p.m., Monday through Friday. Buildings are closed to the public on weekends and state-designated holidays.
	b. 	For the Capitol Building, normal office hours are 7 a.m.	to 5 p.m., Monday through Friday, and 9 a.m.	to 4 p.m.	on Saturday. If the legislature is in session after normal office hours, the ground floor south door closing hour is extended until the session’s end. Inquiries regarding the hours the building is open may be directed to the information desk.
	c. 	For the Iowa Historical Building, normal office hours are 8 a.m.	to 4:30 p.m.	every day, excluding weekends and holidays. The Iowa Historical Museum and the State Historical Library, located within the Iowa Historical Building, have different hours. Hours of public access shall be posted at public entrances. Inquiries regarding the hours the building is open may be directed to the information desk.
	d. 	Hours listed above are subject to change. Changes in hours shall be posted on the main entrance doors to each affected building.
	100.4(13) Capitol grounds hours. Public use of the capitol complex grounds is restricted to the hours of 6 a.m.	to 11 p.m.	daily. Public access hours are subject to change. Changes in hours shall be posted prominently on the capitol complex.
This rule is intended to implement Iowa Code section 8A.322.
[ARC 4053C, IAB 10/10/18, effective 11/14/18; ARC 4181C, IAB 12/19/18, effective 1/23/19]
1	See 2004 Iowa Acts, HJR 2005 and SJR 2007.