House Amendment 8045
PAG LIN
1 1 Amend Senate File 2088, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 1, after line 31 by inserting:
1 4 <Oe. Network services, including equipment and
1 5 software which support local area networks, campus
1 6 area networks, wide area networks and metro area
1 7 networks. Network services also include data network
1 8 services such as routers, switches, firewalls, virtual
1 9 private networks, intrusion detection systems, access
1 10 control, internet protocol load balancers, event
1 11 logging and correlation, and content caching. Network
1 12 services do not include services provided by the Iowa
1 13 communications network pursuant to chapter 8D or by
1 14 the public broadcasting division of the department of
1 15 education.>
1 16 #2. Page 2, by striking lines 22 through 25 and
1 17 inserting <director.>
1 18 #3. Page 3, line 1, after <8A.416> by inserting <and
1 19 shall not serve as an employee in any other executive
1 20 branch agency>
1 21 #4. Page 3, line 19, after <acquisition> by
1 22 inserting <, utilization, or provision>
1 23 #5. Page 3, line 27, after <Whether the> by
1 24 inserting <failure to grant a>
1 25 #6. Page 4, after line 12 by inserting:
1 26 <(7) Whether the failure to grant a waiver would
1 27 jeopardize federal funding.>
1 28 #7. Page 4, after line 30 by inserting:
1 29 <d. A participating agency may appeal the decision
1 30 of the chief information officer to the director within
1 31 seven calendar days following the decision of the chief
1 32 information officer. The director, after consultation
1 33 with the technology advisory council, shall respond
1 34 within fourteen days following the receipt of the
1 35 appeal.>
1 36 #8. Page 4, after line 30 by inserting:
1 37 <e. The department of public defense, including
1 38 both the military division and the homeland security
1 39 and emergency management division, shall not be
1 40 required to obtain any information technology services
1 41 pursuant to this subchapter for the department of
1 42 public defense or its divisions that is provided by the
1 43 department pursuant to this chapter without the consent
1 44 of the adjutant general.>
1 45 #9. Page 7, line 10, by striking <or other agencies>
1 46 #10. Page 7, after line 25 by inserting:
1 47 <g. Encourage participating agencies to utilize
1 48 a print on demand strategy to reduce publication
1 49 overruns, excessive inventory, and obsolete printed
1 50 materials.>
2 1 #11. Page 35, by striking lines 29 through 32.
2 2 #12. Page 35, line 33, by striking <(d)> and
2 3 inserting <(c) (i)>
2 4 #13. Page 36, after line 3 by inserting:
2 5 <(ii) The policy shall allow a director of
2 6 an executive branch agency who believes that the
2 7 agency will not be able to reach the applicable
2 8 target aggregate ratio to apply for a waiver of that
2 9 requirement through a five=person review board. The
2 10 review board shall consist of the director of the
2 11 department of management or a designee of the director,
2 12 three agency directors or the designees of those
2 13 directors as designated by the governor, and one
2 14 public member selected by the employee organization
2 15 representing the greatest number of executive branch
2 16 employees.>
2 17 #14. Page 36, line 4, by striking <(e)> and
2 18 inserting <(d)>
2 19 #15. Page 36, line 8, by striking <(f)> and
2 20 inserting <(e)>
2 21 #16. Page 36, line 11, by striking <(g)> and
2 22 inserting <(f)>
2 23 #17. Page 36, line 17, by striking <(h)> and
2 24 inserting <(g)>
2 25 #18. By striking page 46, line 22, through page 52,
2 26 line 22, and inserting:
2 27 <DIVISION ___
2 28 ALCOHOLIC BEVERAGES
2 29 DIVISION == MICRO=DISTILLERIES
2 30 Sec. ___. Section 123.32, subsection 1, Code
2 31 Supplement 2009, is amended to read as follows:
2 32 1. Filing of application. An application for a
2 33 class "A", class "B", class "C", or class "E" liquor
2 34 control license, for a class "A" micro=distilled
2 35 spirits permit, for a retail beer permit as provided
2 36 in sections 123.128 and 123.129, or for a class "B",
2 37 class "B" native, or class "C" native retail wine
2 38 permit as provided in section 123.178, 123.178A, or
2 39 123.178B, accompanied by the necessary fee and bond,
2 40 if required, shall be filed with the appropriate city
2 41 council if the premises for which the license or permit
2 42 is sought are located within the corporate limits of a
2 43 city, or with the board of supervisors if the premises
2 44 for which the license or permit is sought are located
2 45 outside the corporate limits of a city. An application
2 46 for a class "D" liquor control license and for a class
2 47 "A" beer or class "A" wine permit, accompanied by the
2 48 necessary fee and bond, if required, shall be filed
2 49 with the division, which shall proceed in the same
2 50 manner as in the case of an application approved by
3 1 local authorities.
3 2 Sec. ___. NEW SECTION. 123.43A Micro=distilled
3 3 spirits == permit.
3 4 1. For the purposes of this section, unless the
3 5 context other requires:
3 6 a. "Micro=distillery" means a business with an
3 7 operational still which, combining all production
3 8 facilities of the business, produces and manufactures
3 9 less than fifty thousand proof gallons of distilled
3 10 spirits on an annual basis.
3 11 b. "Micro=distilled spirits" means distilled spirits
3 12 fermented, distilled, or, for a period of two years,
3 13 barrel matured at a micro=distillery. "Micro=distilled
3 14 spirits" also includes blended or mixed spirits
3 15 comprised solely of spirits fermented, distilled,
3 16 or, for a period of two years, barrel matured at a
3 17 micro=distillery.
3 18 2. Subject to rules of the division, a
3 19 micro=distillery holding a class "A" micro=distilled
3 20 spirits permit pursuant to this section may sell or
3 21 offer for sale micro=distilled spirits. As provided
3 22 in this section, sales may be made at retail for
3 23 off=premises consumption when sold on the premises of
3 24 the micro=distillery that manufactures micro=distilled
3 25 spirits. All sales shall be made through the state's
3 26 wholesale distribution system.
3 27 3. A micro=distillery shall not sell more than
3 28 one and one=half liters per person per day, of
3 29 micro=distilled spirits on the premises of the
3 30 micro=distillery. In addition, a micro=distillery
3 31 shall not directly ship micro=distilled spirits for
3 32 sale at retail. The micro=distillery shall maintain
3 33 records of individual purchases of micro=distilled
3 34 spirits at the micro=distillery for three years.
3 35 4. A micro=distillery shall not sell
3 36 micro=distilled spirits other than as permitted
3 37 in this chapter and shall not allow micro=distilled
3 38 spirits sold to be consumed upon the premises of
3 39 the micro=distillery. However, prior to sale,
3 40 micro=distilled spirits of no more than two ounces per
3 41 person per day may be sampled on the premises where
3 42 made, when no charge is made for the sampling.
3 43 5. A class "A" micro=distilled spirits permit for a
3 44 micro=distillery shall be issued and renewed annually
3 45 upon payment of a fee of five hundred dollars.
3 46 6. The sale of micro=distilled spirits to the
3 47 division for wholesale disposition and sale by the
3 48 division shall be subject to the requirements of this
3 49 chapter regarding such disposition and sale.
3 50 7. The division shall issue no more than three
4 1 permits under this section to a person. In addition,
4 2 a micro=distillery issued a permit under this section
4 3 shall file with the division all documents filed by
4 4 the micro=distillery with the alcohol and tobacco tax
4 5 and trade bureau of the United States department of
4 6 the treasury, including all production, storage, and
4 7 processing reports.>
4 8 #19. Page 52, before line 23 by inserting:
4 9 <DIVISION ___
4 10 ALCOHOLIC BEVERAGES DIVISION == CHARITY BEER AND WINE
4 11 AUCTION PERMIT
4 12 Sec. ___. NEW SECTION. 123.173A Charity beer and
4 13 wine auction permit.
4 14 1. For purposes of this section, "authorized
4 15 nonprofit entity" includes a nonprofit entity which
4 16 has a principal office in the state, a nonprofit
4 17 corporation organized under chapter 504, or a foreign
4 18 corporation as defined in section 504.141, whose income
4 19 is exempt from federal taxation under section 501(c) of
4 20 the Internal Revenue Code.
4 21 2. An authorized nonprofit entity may, upon
4 22 application to the division and receipt of a charity
4 23 beer and wine auction permit from the division, conduct
4 24 a charity auction which includes beer and wine. The
4 25 application shall specify the date and time when the
4 26 charity beer and wine auction is to be conducted and
4 27 the premises in this state where the charity beer
4 28 and wine auction is to be physically conducted. The
4 29 applicant shall certify that the objective of the
4 30 charity beer and wine auction is to raise funds solely
4 31 to be used for educational, religious, or charitable
4 32 purposes and that the entire proceeds from the charity
4 33 beer and wine auction are to be expended for any of the
4 34 purposes described in section 423.3, subsection 78.
4 35 3. An authorized nonprofit entity shall be eligible
4 36 to receive only two charity beer and wine auction
4 37 permits during a calendar year and each charity beer
4 38 and wine auction permit shall be valid for a period not
4 39 to exceed thirty=six consecutive hours.
4 40 4. The authorized nonprofit entity conducting the
4 41 charity beer and wine auction shall obtain the beer
4 42 and wine to be auctioned at the charity beer and wine
4 43 auction from an Iowa retail beer permittee or an Iowa
4 44 retail wine permittee, or may receive donations of
4 45 beer or wine to be auctioned at the charity beer and
4 46 wine auction from persons who purchased the donated
4 47 beer or wine from an Iowa retail beer permittee or an
4 48 Iowa retail wine permittee and who present a receipt
4 49 documenting the purchase at the time the beer or wine
4 50 is donated. The authorized nonprofit entity conducting
5 1 the charity beer and wine auction shall retain a copy
5 2 of the receipt for a period of one year from the date
5 3 of the charity beer and wine auction.
5 4 5. Persons shall be physically present at the
5 5 charity beer and wine auction to be eligible to bid on
5 6 beer and wine sold at the charity auction.
5 7 6. The beer and wine sold at the charity beer
5 8 and wine auction shall be in original containers for
5 9 consumption off of the premises where the charity beer
5 10 and wine auction is conducted. No other alcoholic
5 11 beverage may be sold at the charity beer and wine
5 12 auction. A purchaser of beer or wine at a charity
5 13 beer and wine auction shall not take possession of the
5 14 beer or wine until the person is leaving the event. A
5 15 purchaser of beer or wine at a charity beer and wine
5 16 auction shall not open the container or consume or
5 17 permit the consumption of the beer or wine purchased on
5 18 the premises where the charity beer and wine auction is
5 19 conducted. A purchaser of beer or wine at a charity
5 20 beer and wine auction shall not resell the beer or
5 21 wine.
5 22 7. A liquor control licensee, beer permittee, or
5 23 wine permittee shall not purchase beer or wine at a
5 24 charity beer and wine auction. The charity beer and
5 25 wine auction may be conducted on a premises for which a
5 26 class "B" liquor control license or class "C" liquor
5 27 control license has been issued, provided that the
5 28 liquor control licensee does not participate in the
5 29 charity beer and wine auction, supply beer or wine to
5 30 be auctioned at the charity beer and wine auction, or
5 31 receive any of the proceeds of the charity beer and
5 32 wine auction.
5 33 Sec. ___. Section 123.179, Code 2009, is amended by
5 34 adding the following new subsection:
5 35 NEW SUBSECTION. 5. The fee for a charity beer and
5 36 wine auction permit is one hundred dollars.>
5 37 #20. Page 52, before line 23 by inserting:
5 38 <DIVISION ___
5 39 ALCOHOLIC BEVERAGES DIVISION == HIGH
5 40 ALCOHOL BEER
5 41 Sec. ___. Section 123.3, subsection 5, Code 2009,
5 42 is amended to read as follows:
5 43 5. "Alcoholic liquor" or "intoxicating liquor" means
5 44 the varieties of liquor defined in subsections 3 and
5 45 33 which contain more than five percent of alcohol
5 46 by weight, beverages made as described in subsection
5 47 7 which beverages contain more than five percent of
5 48 alcohol by weight but which are not wine as defined in
5 49 subsection 37 or high alcoholic content beer as defined
5 50 in subsection 14A, and every other liquid or solid,
6 1 patented or not, containing spirits and every beverage
6 2 obtained by the process described in subsection 37
6 3 containing more than seventeen percent alcohol by
6 4 weight or twenty=one and twenty=five hundredths percent
6 5 of alcohol by volume, and susceptible of being consumed
6 6 by a human being, for beverage purposes. Alcohol
6 7 manufactured in this state for use as fuel pursuant to
6 8 an experimental distilled spirits plant permit or its
6 9 equivalent issued by the federal bureau of alcohol,
6 10 tobacco and firearms is not an "alcoholic liquor".
6 11 Sec. ___. Section 123.3, Code 2009, is amended by
6 12 adding the following new subsection:
6 13 NEW SUBSECTION. 14A. "High alcoholic content beer"
6 14 means beer which contains more than five percent of
6 15 alcohol by weight, but not more than ten percent of
6 16 alcohol by weight, that is made by the fermentation of
6 17 an infusion in potable water of barley, malt, and hops,
6 18 with or without unmalted grains or decorticated and
6 19 degerminated grains.
6 20 Sec. ___. Section 123.124, Code 2009, is amended to
6 21 read as follows:
6 22 123.124 Permits == classes.
6 23 Permits for the manufacture and sale, or sale of
6 24 beer shall be divided into four six classes, known
6 25 as class "A", special class "A", class "AA", special
6 26 class "AA", class "B", or class "C" permits. A class
6 27 "A" permit allows the holder to manufacture and sell
6 28 beer at wholesale. A holder of a special class "A"
6 29 permit may only manufacture beer to be consumed on
6 30 the licensed premises for which the person also holds
6 31 a class "C" liquor control license or class "B" beer
6 32 permit and to be sold to a class "A" permittee for
6 33 resale purposes. A class "AA" permit allows the holder
6 34 to manufacture and sell high alcoholic content beer at
6 35 wholesale. A holder of a special class "AA" permit
6 36 may only manufacture high alcoholic content beer to
6 37 be consumed on the licensed premises for which the
6 38 person also holds a class "C" liquor control license
6 39 or class "B" beer permit and to be sold to a class "AA"
6 40 permittee for resale purposes. A class "B" permit
6 41 allows the holder to sell beer to consumers at retail
6 42 for consumption on or off the premises. A class "C"
6 43 permit allows the holder to sell beer to consumers at
6 44 retail for consumption off the premises.
6 45 Sec. ___. Section 123.130, unnumbered paragraph 1,
6 46 Code 2009, is amended to read as follows:
6 47 Any person holding a class "A" permit issued by
6 48 the division shall be authorized to manufacture and
6 49 sell, or sell at wholesale, beer for consumption off
6 50 the premises, such sales within the state to be made
7 1 only to persons holding subsisting class "A", "B", or
7 2 "C" permits, or liquor control licenses issued in
7 3 accordance with the provisions of this chapter. The
7 4 holder of a class "A" permit may manufacture beer of
7 5 more than five percent alcohol by weight for shipment
7 6 outside this state only. However, a A class "A", class
7 7 "AA", or special class "AA" permit does not grant
7 8 authority to manufacture wine as defined in section
7 9 123.3, subsection 37.
7 10 Sec. ___. Section 123.134, Code 2009, is amended by
7 11 adding the following new subsection:
7 12 NEW SUBSECTION. 1A. The annual permit fee for a
7 13 class "AA" or special class "AA" permit is five hundred
7 14 dollars.
7 15 Sec. ___. Section 123.135, subsection 1, Code 2009,
7 16 is amended to read as follows:
7 17 1. A manufacturer, brewer, bottler, importer, or
7 18 vendor of beer or any agent thereof desiring to ship
7 19 or sell beer, or have beer brought into this state
7 20 for resale by a class "A" permittee shall first make
7 21 application for and be issued a brewer's certificate
7 22 of compliance by the administrator for that purpose.
7 23 The certificate of compliance expires at the end
7 24 of one year from the date of issuance and shall be
7 25 renewed for a like period upon application to the
7 26 administrator unless otherwise revoked for cause. Each
7 27 application for a certificate of compliance or renewal
7 28 of a certificate shall be accompanied by a fee of
7 29 one five hundred dollars payable to the division. Each
7 30 holder of a certificate of compliance shall furnish the
7 31 information in the form the administrator requires. A
7 32 brewer whose plant is located in Iowa and who otherwise
7 33 holds a class "A" beer permit to sell beer at wholesale
7 34 is exempt from the fee, but not from the terms and
7 35 conditions of the permit. The holder of a special
7 36 class "A" permit is exempt from the requirements of
7 37 this section.>
7 38 #21. Page 53, by striking lines 1 through 3 and
7 39 inserting <year. This section does not repeal any
7 40 authority previously granted to the division in chapter
7 41 123.>
7 42 #22. Page 53, before line 16 by inserting:
7 43 <DIVISION ___
7 44 ALCOHOLIC LIQUOR SALES
7 45 Sec. ___. NEW SECTION. 123.24A Retail sales at
7 46 less than cost == penalty.
7 47 1. A retailer shall not offer to sell, or sell,
7 48 at retail, alcoholic liquor at less than the cost to
7 49 the retailer. A retailer who violates this section is
7 50 guilty of a simple misdemeanor. For purposes of this
8 1 section, "cost to the retailer" means the true invoice
8 2 cost of the alcoholic liquor to the retailer plus
8 3 the cost of doing business by the retailer which is
8 4 presumed to be eight percent of the true invoice cost
8 5 in the absence of proof of a lesser or higher cost.
8 6 2. Evidence of advertisement, offering to sell,
8 7 or sale of alcoholic liquor by any retailer at less
8 8 than the cost to the retailer shall be evidence of a
8 9 violation of this section.>
8 10 #23. By striking page 53, line 16, through page 56,
8 11 line 1, and inserting:
8 12 <DIVISION ___
8 13 ALCOHOLIC BEVERAGES DIVISION == DIRECT
8 14 SHIPMENT OF WINE
8 15 Sec. ___. Section 123.173, subsection 1, Code 2009,
8 16 is amended to read as follows:
8 17 1. Permits Except as provided in section 123.187,
8 18 permits exclusively for the sale or manufacture and
8 19 sale of wine shall be divided into four classes, and
8 20 shall be known as class "A", "B", "B" native, or "C"
8 21 native wine permits.
8 22 Sec. ___. Section 123.183, Code 2009, is amended to
8 23 read as follows:
8 24 123.183 Wine gallonage tax and related funds.
8 25 1. In addition to the annual permit fee to be paid
8 26 by each class "A" wine permittee, a wine gallonage tax
8 27 shall be levied and collected from each class "A" wine
8 28 permittee on all wine manufactured for sale and sold
8 29 in this state at wholesale and on all wine imported
8 30 into this state for sale at wholesale and sold in this
8 31 state at wholesale. A wine gallonage tax shall also
8 32 be levied and collected on native wine manufactured as
8 33 provided in section 123.56, and on the direct shipment
8 34 of wine pursuant to section 123.187. The rate of
8 35 the wine gallonage tax is one dollar and seventy=five
8 36 cents for each wine gallon. The same rate shall apply
8 37 for the fractional parts of a wine gallon. The wine
8 38 gallonage tax shall not be levied or collected on wine
8 39 sold by one class "A" wine permittee to another class
8 40 "A" wine permittee.
8 41 2. a. Revenue collected from the wine gallonage
8 42 tax on wine manufactured for sale and sold in this
8 43 state shall be deposited in the wine gallonage tax fund
8 44 as created in this section.
8 45 b. A wine gallonage tax fund is created in the
8 46 office of the treasurer of state. Moneys deposited in
8 47 the fund are appropriated to the department of economic
8 48 development as provided in section 15E.117. Moneys in
8 49 the fund are not subject to section 8.33.
8 50 3. The revenue collected from the wine gallonage
9 1 tax on wine imported into this state for sale at
9 2 wholesale and sold in this state at wholesale, native
9 3 wine manufactured as provided in section 123.56, and
9 4 wine subject to direct shipment as provided in section
9 5 123.187, shall be deposited in the beer and liquor
9 6 control fund created in section 123.53.
9 7 Sec. ___. Section 123.187, Code 2009, is amended by
9 8 striking the section and inserting in lieu thereof the
9 9 following:
9 10 123.187 Direct shipment of wine == licenses and
9 11 requirements.
9 12 1. A wine manufacturer licensed or permitted
9 13 pursuant to laws regulating alcoholic beverages in this
9 14 state or another state may apply for a wine direct
9 15 shipper license, as provided in this section. For the
9 16 purposes of this section, a "wine manufacturer" means a
9 17 person who processes the fruit, vegetables, dandelions,
9 18 clover, honey, or any combination of these ingredients,
9 19 by fermentation into wines.
9 20 2. a. The administrator shall issue a wine
9 21 direct shipper license to a wine manufacturer who
9 22 submits a written application for the license on a
9 23 form to be established by the administrator by rule,
9 24 accompanied by a true copy of the manufacturer's
9 25 current alcoholic beverage license or permit and a copy
9 26 of the manufacturer's winery license issued by the
9 27 federal alcohol and tobacco tax and trade bureau.
9 28 b. An application submitted pursuant to paragraph
9 29 "a" shall be accompanied by a license fee in the amount
9 30 of twenty=five dollars.
9 31 c. An application submitted pursuant to paragraph
9 32 "a" shall also be accompanied by a bond in the amount
9 33 of five thousand dollars in the form prescribed and
9 34 furnished by the division with good and sufficient
9 35 sureties to be approved by the division conditioned
9 36 upon compliance with this chapter.
9 37 d. A license issued pursuant to this section may
9 38 be renewed annually by resubmitting the information
9 39 required in paragraph "a", accompanied by the
9 40 twenty=five dollar license fee.
9 41 3. The direct shipment of wine pursuant to this
9 42 section shall be subject to the following requirements
9 43 and restrictions:
9 44 a. Wine may only be shipped by a wine direct
9 45 shipper licensee to a resident of this state who is
9 46 at least twenty=one years of age, for the resident's
9 47 personal use and consumption and not for resale.
9 48 b. Wine subject to direct shipping shall be
9 49 properly registered with the federal alcohol and
9 50 tobacco tax and trade bureau, and fermented on the
10 1 winery premises of the wine direct shipper licensee.
10 2 c. All containers of wine shipped directly to
10 3 a resident of this state shall be conspicuously
10 4 labeled with the words CONTAINS ALCOHOL: SIGNATURE OF
10 5 PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY or shall
10 6 be conspicuously labeled with alternative wording
10 7 preapproved by the administrator.
10 8 d. All containers of wine shipped directly to a
10 9 resident of this state shall be shipped by an alcohol
10 10 carrier licensed as provided in subsection 6.
10 11 4. a. In addition to the annual license fee,
10 12 a wine direct shipper licensee shall remit to the
10 13 division an amount equivalent to the wine gallonage tax
10 14 at the rate specified in section 123.183 for deposit
10 15 in the beer and liquor control fund created in section
10 16 123.53. The amount shall be remitted at the same time
10 17 and in the same manner as provided in section 123.184,
10 18 and the ten percent penalty specified therein shall be
10 19 applicable.
10 20 b. Shipment of wine pursuant to this subsection
10 21 does not require a refund value for beverage container
10 22 control purposes under chapter 455C.
10 23 5. A wine direct shipper licensee shall be deemed
10 24 to have consented to the jurisdiction of the division
10 25 or any other agency or court in this state concerning
10 26 enforcement of this section and any related laws,
10 27 rules, or regulations. A licensee shall permit the
10 28 division to perform an audit of shipping records upon
10 29 request.
10 30 6. a. Wine subject to direct shipment within this
10 31 state pursuant to this section shall be delivered only
10 32 by a carrier having obtained from the division an
10 33 alcohol carrier license. An alcohol carrier license
10 34 shall be issued upon payment of a one hundred dollar
10 35 license fee, and shall be subject to requirements, and
10 36 issued pursuant to application forms, to be determined
10 37 by the administrator by rule.
10 38 b. An alcohol carrier licensee shall not deliver
10 39 wine to any person under twenty=one years of age, or
10 40 to any person who either is or appears to be in an
10 41 intoxicated state or condition. A licensee shall
10 42 obtain valid proof of identity and age prior to
10 43 delivery, and shall obtain the signature of an adult
10 44 as a condition of delivery.
10 45 c. An alcohol carrier licensee shall maintain
10 46 records of wine shipped which include the license
10 47 number and name of the wine manufacturer, quantity
10 48 of wine shipped, recipient's name and address, and
10 49 an electronic or paper form of signature from the
10 50 recipient of the wine. Records shall be submitted to
11 1 the division on a monthly basis in a form and manner to
11 2 be determined by the division by rule.
11 3 7. A violation of this section shall subject a
11 4 licensee to the penalty provisions of section 123.39.>
11 5 #24. Page 58, line 26, after <affairs.> by inserting
11 6 <The term of office for voting members is four years.>
11 7 #25. Page 83, line 2, by striking < one thousand
11 8 two hundred> and inserting <three thousand>
11 9 #26. Page 83, lines 6 and 7, by striking
11 10 <one thousand two hundred> and inserting
11 11 <three thousand>
11 12 #27. Page 83, after line 10 by inserting:
11 13 <Sec. ___. Section 99D.28, subsection 7, Code 2009,
11 14 is amended to read as follows:
11 15 7. A claimant agency or licensee, acting in good
11 16 faith, shall not be liable to any person for actions
11 17 taken to comply with pursuant to this section.>
11 18 #28. Page 83, line 23, by striking <one thousand two
11 19 hundred> and inserting <three thousand>
11 20 #29. Page 83, lines 27 and 28, by striking
11 21 <one thousand two hundred> and inserting
11 22 <three thousand>
11 23 #30. Page 83, after line 31 by inserting:
11 24 <Sec. ___. Section 99F.19, subsection 7, Code 2009,
11 25 is amended to read as follows:
11 26 7. A claimant agency or licensee, acting in good
11 27 faith, shall not be liable to any person for actions
11 28 taken to comply with pursuant to this section.>
11 29 #31. By striking page 114, line 31, through page
11 30 115, line 12.
11 31 #32. Page 116, by striking lines 25 and 26 and
11 32 inserting:
11 33 <Sec. ___. REPEAL. Section 159A.5, Code 2009, is
11 34 repealed.>
11 35 #33. Page 116, after line 27 by inserting:
11 36 <Sec. ___. ORGANIC ADVISORY COUNCIL ==
11 37 FEES. Notwithstanding section 190C.5, for the fiscal
11 38 year beginning July 1, 2010, and ending June 30, 2011,
11 39 the department of agriculture and land stewardship
11 40 shall increase all fees that it establishes, imposes,
11 41 and collects pursuant to 21 IAC ch. 47 by ten percent.>
11 42 #34. By striking page 118, line 9, through page 158,
11 43 line 15, and inserting:
11 44 <DIVISION ___
11 45 UNDERGROUND STORAGE TANKS
11 46 Sec. ___. Section 455B.474, subsection 1, paragraph
11 47 d, subparagraph (2), subparagraph division (e), Code
11 48 Supplement 2009, is amended to read as follows:
11 49 (e) (i) A site cleanup report which classifies
11 50 a site as either high risk, low risk, or no action
12 1 required shall be submitted by a groundwater
12 2 professional to the department with a certification
12 3 that the report complies with the provisions of this
12 4 chapter and rules adopted by the department. The
12 5 report shall be determinative of the appropriate
12 6 classification of the site. However, if
12 7 (ii) The department shall accept or reject
12 8 the report of the risk classification of the site
12 9 and notify the owner or operator regarding the
12 10 determination within one hundred twenty days of
12 11 receiving the site cleanup report, unless the
12 12 department requests and the owner or operator grants an
12 13 extension of not more than sixty days for purposes of
12 14 receiving additional information from the groundwater
12 15 professional. If the department does not meet the time
12 16 requirements provided in this subparagraph subdivision,
12 17 the report and the recommendations shall be deemed
12 18 accepted as submitted.
12 19 (iii) If the report is found to be inaccurate
12 20 or incomplete, and if based upon information in the
12 21 report the risk classification of the site cannot
12 22 be reasonably determined by the department based
12 23 upon industry standards, the department shall work
12 24 with the groundwater professional to obtain the
12 25 additional information necessary to appropriately
12 26 classify the site. A groundwater professional who
12 27 knowingly or intentionally makes a false statement
12 28 or misrepresentation which results in a mistaken
12 29 classification of a site shall be guilty of a
12 30 serious misdemeanor and shall have the groundwater
12 31 professional's certification revoked under this
12 32 section.
12 33 Sec. ___. Section 455B.474, subsection 1, paragraph
12 34 f, subparagraphs (5), (6), and (7), Code Supplement
12 35 2009, are amended to read as follows:
12 36 (5) (a) A corrective action design report
12 37 submitted by a groundwater professional shall be
12 38 accepted by the department and shall be primarily
12 39 relied upon by the department to determine the
12 40 corrective action response requirements of the site.
12 41 However, if
12 42 (b) The department shall accept or reject the
12 43 corrective action response requirements for the
12 44 site and notify the owner or operator regarding
12 45 the response requirements within one hundred twenty
12 46 days of receiving the design report, unless the
12 47 department requests and the owner or operator grants an
12 48 extension of not more than sixty days for purposes of
12 49 receiving additional information from the groundwater
12 50 professional. If the department does not meet the time
13 1 requirements provided in this subparagraph division,
13 2 the owner or operator shall proceed with corrective
13 3 action on the site and such action shall be considered
13 4 corrective action for purposes of section 455G.9.
13 5 (c) If the corrective action design report is found
13 6 to be inaccurate or incomplete, and if based upon
13 7 information in the report the appropriate corrective
13 8 action response cannot be reasonably determined by
13 9 the department based upon industry standards, the
13 10 department shall work with the groundwater professional
13 11 to obtain the additional information necessary
13 12 to appropriately determine the corrective action
13 13 response requirements. A groundwater professional who
13 14 knowingly or intentionally makes a false statement
13 15 or misrepresentation which results in an improper or
13 16 incorrect corrective action response shall be guilty of
13 17 a serious misdemeanor and shall have the groundwater
13 18 professional's certification revoked under this
13 19 section.
13 20 (6) Low risk sites shall be monitored as deemed
13 21 necessary by the department consistent with industry
13 22 standards. Monitoring shall not be required on a site
13 23 which has received a no further action certificate.
13 24 A site that has maintained a less than site specific
13 25 target level for four consecutive sampling events shall
13 26 be reclassified as a no further action site regardless
13 27 of exit monitoring criteria and guidance.
13 28 (7) An owner or operator may elect to proceed with
13 29 additional corrective action on the site. However,
13 30 any action taken in addition to that required pursuant
13 31 to this paragraph "f" shall be solely at the expense
13 32 of the owner or operator and shall not be considered
13 33 corrective action for purposes of section 455G.9,
13 34 unless otherwise previously agreed to by the board and
13 35 the owner or operator. Corrective action taken by an
13 36 owner or operator due to the department's failure to
13 37 meet the time requirements provided in subparagraph
13 38 (5), subparagraph division (b), shall be considered
13 39 corrective action for purposes of section 455G.9.
13 40 Sec. ___. Section 455B.479, Code 2009, is amended
13 41 to read as follows:
13 42 455B.479 Storage tank management fee.
13 43 An owner or operator of an underground storage
13 44 tank shall pay an annual storage tank management fee
13 45 of sixty=five dollars per tank of over one thousand
13 46 one hundred gallons capacity. Twenty=three percent
13 47 of the The fees collected shall be deposited in the
13 48 storage tank management account of the groundwater
13 49 protection fund. Seventy=seven percent of the fees
13 50 collected shall be deposited in the Iowa comprehensive
14 1 petroleum underground storage tank fund created in
14 2 chapter 455G.
14 3 Sec. ___. Section 455E.11, subsection 2, paragraph
14 4 d, Code Supplement 2009, is amended to read as follows:
14 5 d. A storage tank management account. All fees
14 6 collected pursuant to section 455B.473, subsection 5,
14 7 and section 455B.479, shall be deposited in the storage
14 8 tank management account, except those moneys deposited
14 9 into the Iowa comprehensive petroleum underground
14 10 storage tank fund pursuant to section 455B.479.
14 11 Funds Moneys deposited in the account shall be expended
14 12 for the following purposes:
14 13 (1) One thousand dollars is appropriated annually
14 14 to the Iowa department of public health to carry out
14 15 departmental duties under section 135.11, subsections
14 16 19 and 20, and section 139A.21.
14 17 (2) Twenty=three percent of the proceeds of the
14 18 fees imposed pursuant to section 455B.473, subsection
14 19 5, and section 455B.479 shall be deposited in the
14 20 account annually, up to a maximum of three hundred
14 21 fifty thousand dollars. If twenty=three percent of the
14 22 proceeds exceeds three hundred fifty thousand dollars,
14 23 the excess shall be deposited into the fund created in
14 24 section 455G.3. Three hundred fifty thousand dollars
14 25 is The moneys remaining in the account after the
14 26 appropriation in subparagraph (1) are appropriated from
14 27 the storage tank management account to the department
14 28 of natural resources for the administration of a state
14 29 storage tank program pursuant to chapter 455B, division
14 30 IV, part 8, and for programs which reduce the potential
14 31 for harm to the environment and the public health from
14 32 storage tanks.
14 33 (3) The remaining funds in the account are
14 34 appropriated annually to the Iowa comprehensive
14 35 petroleum underground storage tank fund.
14 36 Sec. ___. Section 455G.3, subsection 3, Code 2009,
14 37 is amended by adding the following new paragraph:
14 38 NEW PARAGRAPH. d. To establish a no further action
14 39 account. On July 1, 2010, the balance of the account
14 40 shall be five million dollars. On or after that
14 41 date, the board shall not transfer any moneys from the
14 42 account to any other account or fund and moneys in the
14 43 account shall only be used for purposes provided in
14 44 this paragraph. Moneys in the account may be used to
14 45 reimburse costs associated with a corrective action in
14 46 response to high risk conditions caused by a release
14 47 at a site for which a no further action certificate
14 48 has been issued when the high risk conditions are not
14 49 caused by a release which occurred after the issuance
14 50 of the no further action certificate.
15 1 Sec. ___. Section 455G.3, Code 2009, is amended by
15 2 adding the following new subsections:
15 3 NEW SUBSECTION. 6. Each fiscal year, there is
15 4 appropriated from the Iowa comprehensive petroleum
15 5 underground storage tank fund to the department of
15 6 natural resources five hundred thousand dollars for
15 7 purposes of technical review support for underground
15 8 storage tank inspections conducted by nongovernmental
15 9 entities. During the fiscal year beginning July 1,
15 10 2010, from the moneys appropriated in this subsection,
15 11 the department shall use up to one hundred thousand
15 12 dollars for purposes of database modifications
15 13 necessary to accept external data regarding underground
15 14 storage tank inspections conducted by nongovernmental
15 15 entities.
15 16 NEW SUBSECTION. 7. Each fiscal year, there is
15 17 appropriated from the Iowa comprehensive petroleum
15 18 underground storage tank fund to the department
15 19 of agriculture and land stewardship five hundred
15 20 thousand dollars for purposes of inspecting motor
15 21 fuel, including salaries, support, maintenance, and
15 22 miscellaneous purposes.
15 23 NEW SUBSECTION. 8. Each fiscal year, there is
15 24 appropriated from the Iowa comprehensive petroleum
15 25 underground storage tank fund to the department
15 26 of natural resources two hundred fifty thousand
15 27 dollars for purposes of providing a grant to a
15 28 nonprofit corporation offering underground storage
15 29 tank operations training and leak prevention courses
15 30 necessary to meet minimum requirements of the United
15 31 States environmental protection agency.
15 32 Sec. ___. Section 455G.4, subsection 1, paragraph
15 33 a, subparagraphs (3) and (5), Code Supplement 2009, are
15 34 amended to read as follows:
15 35 (3) The commissioner of insurance, or the
15 36 commissioner's designee. An employee of the department
15 37 of management who has been designated as a risk manager
15 38 by the director of the department of management.
15 39 (5) Two owners or operators appointed by the
15 40 governor. One of the owners or operators appointed
15 41 pursuant to this subparagraph shall have The governor
15 42 shall appoint only one of the following:
15 43 (a) An owner or operator who has been a petroleum
15 44 systems insured through the underground storage tank
15 45 insurance fund as it existed on June 30, 2004, or a
15 46 successor to the underground storage tank insurance
15 47 fund and shall have been an insured through the
15 48 insurance account of the comprehensive petroleum
15 49 underground storage tank fund on or before October
15 50 26, 1990. One of the owners or operators appointed
16 1 pursuant to this subparagraph
16 2 (b) A member of the petroleum marketers and
16 3 convenience stores of Iowa.
16 4 (06) One member appointed by the governor shall be
16 5 an owner or operator that is self=insured.
16 6 Sec. ___. Section 455G.8, subsection 3, Code 2009,
16 7 is amended by striking the subsection.
16 8 Sec. ___. Section 455G.9, subsection 1, paragraphs
16 9 d and k, Code 2009, are amended to read as follows:
16 10 d. One hundred percent of the costs of corrective
16 11 action and third=party liability for a release
16 12 situated on property acquired by a county for
16 13 delinquent taxes pursuant to chapters 445 through
16 14 448, for which a responsible owner or operator able
16 15 to pay, other than the county, cannot be found. A
16 16 county is not a "responsible party" for a release
16 17 in connection with property which it acquires in
16 18 connection with delinquent taxes, and does not become
16 19 a responsible party by sale or transfer of property
16 20 so acquired; rather, the county is an agent. Actual
16 21 corrective action on the site shall be overseen by the
16 22 department, the board, and a certified groundwater
16 23 professional. Third=party liability specifically
16 24 excludes any claim, cause of action, or suit, for
16 25 personal injury including, but not limited to, loss
16 26 of use or of private enjoyment, mental anguish, false
16 27 imprisonment, wrongful entry or eviction, humiliation,
16 28 discrimination, or malicious prosecution. Reasonable
16 29 acquisition costs may be reimbursed; however, such
16 30 costs do not include any taxes or costs related to the
16 31 collection of taxes.
16 32 k. Pursuant to an agreement between the board and
16 33 the department of natural resources, assessment and
16 34 corrective action arising out of releases at sites for
16 35 which a no further action certificate has been issued
16 36 pursuant to section 455B.474, when the department
16 37 determines that an unreasonable risk to public health
16 38 and safety may still exist or that previously reported
16 39 upon site specific target levels have been exceeded.
16 40 At a minimum, the agreement shall address eligible
16 41 costs, contracting for services, and conditions under
16 42 which sites may be reevaluated.
16 43 Sec. ___. Section 455G.9, subsection 4, Code 2009,
16 44 is amended to read as follows:
16 45 4. Minimum copayment schedule.
16 46 a. An owner or operator shall be required to pay
16 47 the greater of five thousand dollars or eighteen
16 48 percent of the first eighty thousand dollars of the
16 49 total costs of corrective action for that release,
16 50 except when it is an innocent landowner claim in which
17 1 case a copayment is not required.
17 2 b. If a site's actual expenses exceed eighty
17 3 thousand dollars, the remedial account shall pay the
17 4 remainder, as required by federal regulations, of
17 5 the total costs of the corrective action for that
17 6 release, not to exceed one million dollars, except that
17 7 a county shall not be required to pay a copayment in
17 8 connection with a release situated on property acquired
17 9 in connection with delinquent taxes, as provided in
17 10 subsection 1, paragraph "d", unless subsequent to
17 11 acquisition the county actively operates a tank on the
17 12 property for purposes other than risk assessment, risk
17 13 management, or tank closure.
17 14 Sec. ___. EFFECTIVE UPON ENACTMENT AND RETROACTIVE
17 15 APPLICABILITY. The section of this division of this
17 16 Act amending section 455G.9, subsection 4, being deemed
17 17 of immediate importance, takes effect upon enactment
17 18 and applies retroactively to January 1, 2010.>
17 19 #35. By striking page 162, line 5, through page 164,
17 20 line 34.
17 21 #36. Page 165, after line 22 by inserting:
17 22 <Sec. ___. NEW SECTION. 273.15 Advisory group.
17 23 1. The board of directors of each area education
17 24 agency shall appoint an advisory group to make
17 25 recommendations on policy, programs, and services to
17 26 the board. The advisory group shall provide input,
17 27 feedback, and recommendations to the board regarding
17 28 projected future needs, and shall provide a review
17 29 and response to any state=directed study or task
17 30 force report on area education agency efficiencies or
17 31 reorganization.
17 32 2. The advisory group shall consist of the
17 33 following:
17 34 a. A minimum of three superintendents employed by
17 35 school districts served by the area education agency;
17 36 at least one of whom shall represent a small school
17 37 district, at least one of whom shall represent a
17 38 medium=sized school district, and at least one of whom
17 39 shall represent a large school district.
17 40 b. A minimum of three principals employed by school
17 41 districts served by the area education agency; at least
17 42 one of whom shall represent an elementary school, at
17 43 least one of whom shall represent a middle school, and
17 44 at least one of whom shall represent a high school.
17 45 c. A minimum of four teachers employed by school
17 46 districts served by the area education agency; at least
17 47 one of whom shall represent early childhood teachers,
17 48 at least one of whom shall represent elementary
17 49 school teachers, at least one of whom shall represent
17 50 middle school teachers, and at least one of whom
18 1 shall represent high school teachers. At least one of
18 2 the teachers appointed shall also represent special
18 3 education and at least one of the teachers appointed
18 4 shall represent general education. At least one of the
18 5 teachers appointed shall represent related personnel,
18 6 including but not limited to media and technology
18 7 specialists and counselors.
18 8 d. A minimum of three parents or guardians of
18 9 school age children receiving services from the
18 10 area education agency, at least one of whom shall be
18 11 the parent or guardian of a child requiring special
18 12 education.
18 13 e. One member who represents accredited nonpublic
18 14 schools located within the boundaries of the area
18 15 education agency.
18 16 3. In appointing members of the advisory group
18 17 pursuant to subsection 2, the area education agency
18 18 shall collaborate with the superintendents and school
18 19 boards of the school districts served by the area
18 20 education agency.
18 21 4. All member appointments made pursuant to
18 22 subsection 2 shall comply with sections 69.16, 69.16A,
18 23 and 69.16C. In addition, every reasonable effort
18 24 shall be made to appoint members to provide balanced
18 25 representation based on age, experience, ethnicity,
18 26 district size, and geography.
18 27 5. The advisory group shall meet at least twice
18 28 annually and shall submit its recommendations in a
18 29 report to the board of directors of the area education
18 30 agency at least once annually. The report shall be
18 31 timely submitted to allow for consideration of the
18 32 recommendations prior to program planning and budgeting
18 33 for the following fiscal year.>
18 34 #37. By striking page 165, line 23, through page
18 35 166, line 1.
18 36 #38. Page 166, by striking lines 4 and 5 and
18 37 inserting:
18 38 <Sec. ___. REPEAL. Sections 261D.1, 261D.2,
18 39 280A.1, 280A.3, 280A.4, and 280A.5, Code 2009, are
18 40 repealed.
18 41 Sec. ___. REPEAL. Sections 261D.3 and 280A.2, Code
18 42 Supplement 2009, are repealed.>
18 43 #39. Page 166, by striking lines 7 through 24.
18 44 #40. Page 168, line 24, by striking <nine> and
18 45 inserting <thirteen>
18 46 #41. Page 168, line 25, by striking <three> and
18 47 inserting <seven>
18 48 #42. Page 174, line 34, by striking <center> and
18 49 inserting <bureau>
18 50 #43. Page 176, line 32, after <3> by inserting <,
19 1 including but not limited to any timeframe established
19 2 for transition to a newly configured early childhood
19 3 Iowa area>
19 4 #44. Page 177, line 32, after <22.> by inserting <An
19 5 area board member shall not vote on any measure that
19 6 has the potential to benefit the member's employer.>
19 7 #45. Page 178, line 4, after <board.> by inserting
19 8 <The department may allow an area board to designate
19 9 another entity as fiscal agent if the area board
19 10 provides acceptable documentation and assurances that
19 11 meet appropriate state requirements for fiscal agents.>
19 12 #46. Page 179, line 29, by striking <each school
19 13 district> and inserting <a school district or an area
19 14 board>
19 15 #47. Page 179, line 33, after <district> by
19 16 inserting <or early childhood Iowa area>
19 17 #48. Page 180, line 5, by striking <board> and
19 18 inserting <school board or area board>
19 19 #49. Page 180, line 6, by striking <another school
19 20 district or> and inserting <a>
19 21 #50. Page 180, line 14, after <district> by
19 22 inserting <or early childhood Iowa area>
19 23 #51. Page 180, lines 17 and 18, by striking <school
19 24 improvement> and inserting <early care needs>
19 25 #52. Page 180, line 22, by striking <education> and
19 26 inserting <educational, health, social, and emotional
19 27 needs>
19 28 #53. Page 181, line 29, after <services> by
19 29 inserting <or social work>
19 30 #54. Page 182, line 7, after <district> by inserting
19 31 <or early childhood Iowa area>
19 32 #55. Page 182, line 12, after <district> by
19 33 inserting <or early childhood Iowa area>
19 34 #56. Page 182, by striking lines 13 and 14 and
19 35 inserting <any related services or programs provided
19 36 by other>
19 37 #57. Page 197, by striking lines 25 through 31
19 38 and inserting <unexpended shall be remitted to the
19 39 successor early childhood Iowa board designated to
19 40 serve that area. The department shall implement
19 41 measures to ensure there is continuity of services
19 42 in the transition from the community empowerment
19 43 initiative to the early childhood Iowa initiative.
19 44 Each early childhood Iowa area board shall ensure
19 45 that any existing contracts between the predecessor
19 46 community empowerment area board and service providers
19 47 are provided to the fiscal agent for the early
19 48 childhood area board so that continuity of service is
19 49 maintained.>
19 50 #58. By striking page 199, line 15, through page
20 1 200, line 9.
20 2 #59. By striking page 200, line 26, through page
20 3 211, line 6, and inserting:
20 4 <Sec. ___. NEW SECTION. 685.1 Definitions.
20 5 1. "Claim" means any request or demand, whether
20 6 pursuant to a contract or otherwise, for money or
20 7 property and whether the state has title to the money
20 8 or property, which is made to an officer, employee,
20 9 agent, or other representative of the state or to a
20 10 contractor, grantee, or other person if the money or
20 11 property is to be spent or used on the state's behalf
20 12 or to advance a state program or interest, and if the
20 13 state provides any portion of the money or property
20 14 which is requested or demanded, or if the state will
20 15 reimburse directly or indirectly such contractor,
20 16 grantee, or other person for any portion of the money
20 17 or property which is requested or demanded. "Claim"
20 18 does not include any requests or demands for money
20 19 or property that the state has paid to an individual
20 20 as compensation for state employment or as an income
20 21 subsidy with no restrictions on that individual's use
20 22 of the money or property.
20 23 2. a. "Knowing" or "knowingly" means that a person
20 24 with respect to information, does any of the following:
20 25 (1) Has actual knowledge of the information.
20 26 (2) Acts in deliberate ignorance of the truth or
20 27 falsity of the information.
20 28 (3) Acts in reckless disregard of the truth or
20 29 falsity of the information.
20 30 b. "Knowing" or "knowingly" does not require proof
20 31 of specific intent to defraud.
20 32 3. "Original source" means an individual who has
20 33 direct and independent knowledge of the information on
20 34 which the allegations are based and has voluntarily
20 35 provided the information to the state before filing
20 36 an action under this chapter which is based on the
20 37 information.
20 38 4. "Qui tam plaintiff" means a private plaintiff who
20 39 brings an action under this chapter on behalf of the
20 40 state.
20 41 Sec. ___. NEW SECTION. 685.2 Acts subjecting
20 42 person to treble damages, costs, and civil penalties ==
20 43 exceptions.
20 44 1. A person who commits any of the following acts
20 45 is liable to the state for a civil penalty of not
20 46 less than five thousand dollars and not more than ten
20 47 thousand dollars plus three times the amount of damages
20 48 which the state sustains because of the act of that
20 49 person:
20 50 a. Knowingly presents, or causes to be presented, a
21 1 false or fraudulent claim for payment or approval.
21 2 b. Knowingly makes, uses, or causes to be made or
21 3 used, a false record or statement material to a false
21 4 or fraudulent claim.
21 5 c. Conspires to commit a violation of paragraph
21 6 "a", "b", "d", "e", "f", or "g".
21 7 d. Has possession, custody, or control of property
21 8 or money used, or to be used, by the state and
21 9 knowingly delivers, or causes to be delivered, less
21 10 than all of that money or property.
21 11 e. Is authorized to make or deliver a document
21 12 certifying receipt of property used, or to be used, by
21 13 the state and, intending to defraud the state, makes or
21 14 delivers the receipt without completely knowing that
21 15 the information on the receipt is true.
21 16 f. Knowingly buys, or receives as a pledge of an
21 17 obligation or debt, public property from an officer
21 18 or employee of the state, or a member of the Iowa
21 19 national guard, who lawfully may not sell or pledge the
21 20 property.
21 21 g. Knowingly makes, uses, or causes to be made
21 22 or used, a false record or statement material to an
21 23 obligation to pay or transmit money or property to
21 24 the state, or knowingly conceals or knowingly and
21 25 improperly avoids or decreases an obligation to pay or
21 26 transmit money or property to the state.
21 27 2. Notwithstanding subsection 1, the court may
21 28 assess not less than two times the amount of damages
21 29 which the state sustains because of the act of the
21 30 person described in subsection 1, if the court finds
21 31 all of the following:
21 32 a. The person committing the violation furnished
21 33 officials of the state responsible for investigating
21 34 false claims violations with all information known to
21 35 such person about the violation within thirty days
21 36 after the date on which the person first obtained the
21 37 information.
21 38 b. The person fully cooperated with the state
21 39 investigation of such violation.
21 40 c. At the time the person furnished the state
21 41 with the information about the violation, a criminal
21 42 prosecution, civil action, or administrative action
21 43 had not commenced under this chapter with respect to
21 44 such violation, and the person did not have actual
21 45 knowledge of the existence of an investigation into
21 46 such violation.
21 47 3. A person violating this section shall also be
21 48 liable to the state for the costs of a civil action
21 49 brought to recover any such penalty or damages.
21 50 4. Any information furnished pursuant to subsection
22 1 2 is deemed confidential information exempt from
22 2 disclosure pursuant to chapter 22.
22 3 5. This section shall not apply to claims, records,
22 4 or statements made under Tit. X relating to state
22 5 revenue and taxation.
22 6 Sec. ___. NEW SECTION. 685.3 Investigations and
22 7 prosecutions == powers of prosecuting authority == civil
22 8 actions by individuals as qui tam plaintiffs and as
22 9 private citizens == jurisdiction of courts.
22 10 1. The attorney general shall diligently
22 11 investigate a violation under section 685.2. If the
22 12 attorney general finds that a person has violated or is
22 13 violating section 685.2, the attorney general may bring
22 14 a civil action under this section against that person.
22 15 2. a. A person may bring a civil action for a
22 16 violation of this chapter for the person and for the
22 17 state in the name of the state. The person bringing
22 18 the action shall be referred to as the qui tam
22 19 plaintiff. Once filed, the action may be dismissed
22 20 only if the court and the attorney general provide
22 21 written consent to the dismissal and the reasons for
22 22 such consent.
22 23 b. A copy of the complaint and written disclosure
22 24 of substantially all material evidence and information
22 25 the person possesses shall be served on the attorney
22 26 general pursuant to the Iowa rules of civil procedure.
22 27 The complaint shall also be filed in camera, shall
22 28 remain under seal for at least sixty days, and shall
22 29 not be served on the defendant until the court so
22 30 orders. The state may elect to intervene and proceed
22 31 with the action within sixty days after the state
22 32 receives both the complaint and the material evidence
22 33 and the information.
22 34 c. The state may, for good cause shown, move the
22 35 court for extensions of the time during which the
22 36 complaint remains under seal under paragraph "b".
22 37 Any such motions may be supported by affidavits or
22 38 other submissions in camera. The defendant shall not
22 39 be required to respond to any complaint filed under
22 40 this section until thirty days after the complaint is
22 41 unsealed and served upon the defendant pursuant to rule
22 42 1.302 of the Iowa rules of civil procedure.
22 43 d. Before the expiration of the sixty=day period or
22 44 any extensions obtained under paragraph "c", the state
22 45 shall do one of the following:
22 46 (1) Proceed with the action, in which case the
22 47 action shall be conducted by the state.
22 48 (2) Notify the court that the state declines to
22 49 take over the action, in which case the person bringing
22 50 the action shall have the right to conduct the action.
23 1 e. When a person brings an action under this
23 2 section, no person other than the state may intervene
23 3 or bring a related action based on the facts underlying
23 4 the pending action.
23 5 3. a. If the state proceeds with the action,
23 6 the state shall have the primary responsibility for
23 7 prosecuting the action, and shall not be bound by an
23 8 act of the person bringing the action. Such person
23 9 shall have the right to continue as a party to the
23 10 action, subject to the limitations specified in
23 11 paragraph "b".
23 12 b. (1) The state may move to dismiss the action
23 13 for good cause notwithstanding the objections of the
23 14 qui tam plaintiff if the qui tam plaintiff has been
23 15 notified by the state of the filing of the motion and
23 16 the court has provided the qui tam plaintiff with an
23 17 opportunity for a hearing on the motion.
23 18 (2) The state may settle the action with the
23 19 defendant notwithstanding the objections of the qui tam
23 20 plaintiff if the court determines, after a hearing,
23 21 that the proposed settlement is fair, adequate, and
23 22 reasonable under all of the circumstances. Upon a
23 23 showing of good cause, such hearing may be held in
23 24 camera.
23 25 (3) Upon a showing by the state that unrestricted
23 26 participation during the course of the litigation by
23 27 the person initiating the action would interfere with
23 28 or unduly delay the state's prosecution of the case, or
23 29 would be repetitious, irrelevant, or for purposes of
23 30 harassment, the court may, in its discretion, impose
23 31 limitations on the person's participation, including
23 32 but not limited to any of the following:
23 33 (a) Limiting the number of witnesses the person may
23 34 call.
23 35 (b) Limiting the length of the testimony of such
23 36 witnesses.
23 37 (c) Limiting the person's cross=examination of
23 38 witnesses.
23 39 (d) Otherwise limiting the participation by the
23 40 person in the litigation.
23 41 (4) Upon a showing by the defendant that
23 42 unrestricted participation during the course of the
23 43 litigation by the person initiating the action would
23 44 be for purposes of harassment or would cause the
23 45 defendant undue burden or unnecessary expense, the
23 46 court may limit the participation by the person in the
23 47 litigation.
23 48 c. If the state elects not to proceed with the
23 49 action, the person who initiated the action shall
23 50 have the right to conduct the action. If the state
24 1 requests, the state shall be served with copies of all
24 2 pleadings filed in the action and shall be supplied
24 3 with copies of all deposition transcripts at the
24 4 state's expense. When a person proceeds with the
24 5 action, the court, without limiting the status and
24 6 rights of the person initiating the action, may permit
24 7 the state to intervene at a later date upon a showing
24 8 of good cause.
24 9 d. Whether or not the state proceeds with the
24 10 action, upon a showing by the state that certain
24 11 actions of discovery by the person initiating the
24 12 action would interfere with the state's investigation
24 13 or prosecution of a criminal or civil matter arising
24 14 out of the same facts, the court may stay such
24 15 discovery for a period of not more than sixty days.
24 16 Such a showing shall be conducted in camera. The court
24 17 may extend the sixty=day period upon a further showing
24 18 in camera that the state has pursued the criminal or
24 19 civil investigation or proceedings with reasonable
24 20 diligence and any proposed discovery in the civil
24 21 action will interfere with the ongoing criminal or
24 22 civil investigation or proceedings.
24 23 e. Notwithstanding subsection 2, the state
24 24 may elect to pursue the state's claim through any
24 25 alternate remedy available to the state, including
24 26 any administrative proceeding to determine a civil
24 27 penalty. If any such alternate remedy is pursued in
24 28 another proceeding, the person initiating the action
24 29 shall have the same rights in such proceeding as such
24 30 person would have had if the action had continued under
24 31 this section. Any finding of fact or conclusion of law
24 32 made in such other proceeding that has become final,
24 33 shall be conclusive as to all such parties to an action
24 34 under this section. For purposes of this paragraph, a
24 35 finding or conclusion is final if it has been finally
24 36 determined on appeal to the appropriate court of the
24 37 state, if all time for filing such an appeal with
24 38 respect to the finding or conclusion has expired, or if
24 39 the finding or conclusion is not subject to judicial
24 40 review.
24 41 4. a. (1) If the state proceeds with an action
24 42 brought by a person under subsection 2, the person
24 43 shall, subject to subparagraph (2), receive at least
24 44 fifteen percent but not more than twenty=five percent
24 45 of the proceeds of the action or settlement of the
24 46 claim, depending upon the extent to which the person
24 47 substantially contributed to the prosecution of the
24 48 action.
24 49 (2) If the action is one which the court finds
24 50 to be based primarily on disclosures of specific
25 1 information, other than information provided by the
25 2 person bringing the action, relating to allegations or
25 3 transactions in a criminal, civil, or administrative
25 4 hearing, or in a legislative, administrative or state
25 5 auditor report, hearing, audit, or investigation, or
25 6 from the news media, the court may award an amount the
25 7 court considers appropriate, but in no case more than
25 8 ten percent of the proceeds, taking into account the
25 9 significance of the information and the role of the
25 10 person bringing the action in advancing the case to
25 11 litigation.
25 12 (3) Any payment to a person under subparagraph
25 13 (1) or (2) shall be made from the proceeds. Any such
25 14 person shall also receive an amount for reasonable
25 15 expenses which the appropriate court finds to have been
25 16 necessarily incurred, plus reasonable attorney fees and
25 17 costs. All such expenses, fees, and costs shall be
25 18 awarded against the defendant.
25 19 b. If the state does not proceed with an action
25 20 under this section, the person bringing the action or
25 21 settling the claim shall receive an amount which the
25 22 court decides is reasonable for collecting the civil
25 23 penalty and damages. The amount shall be not less than
25 24 twenty=five percent and not more than thirty percent
25 25 of the proceeds of the action or settlement and shall
25 26 be paid out of such proceeds. Such person shall also
25 27 receive an amount for reasonable expenses which the
25 28 court finds to have been necessarily incurred, plus
25 29 reasonable attorney fees and costs. All such expenses,
25 30 fees, and costs shall be awarded against the defendant.
25 31 c. Whether or not the state proceeds with the
25 32 action, if the court finds that the action was brought
25 33 by a person who planned and initiated the violation
25 34 of section 685.2 upon which the action was brought,
25 35 the court may, to the extent the court considers
25 36 appropriate, reduce the share of the proceeds of the
25 37 action which the person would otherwise receive under
25 38 paragraph "a" or "b", taking into account the role of
25 39 that person in advancing the case to litigation and any
25 40 relevant circumstances pertaining to the violation. If
25 41 the person bringing the action is convicted of criminal
25 42 conduct arising from the person's role in the violation
25 43 of section 685.2, the person shall be dismissed from
25 44 the civil action and shall not receive any share of
25 45 the proceeds of the action. Such dismissal shall not
25 46 prejudice the right of the state to continue the action
25 47 represented by the attorney general.
25 48 d. If the state does not proceed with the action
25 49 and the person bringing the action conducts the
25 50 action, the court may award to the defendant reasonable
26 1 attorney fees and expenses if the defendant prevails
26 2 in the action and the court finds that the claim of
26 3 the person bringing the action was clearly frivolous,
26 4 clearly vexatious, or brought primarily for purposes of
26 5 harassment.
26 6 5. a. A court shall not have jurisdiction over an
26 7 action brought by a former or present member of the
26 8 Iowa national guard under this chapter against a member
26 9 of the Iowa national guard arising out of such person's
26 10 services in the Iowa national guard.
26 11 b. An action shall not be filed under this chapter
26 12 against the federal government, the state or a local
26 13 government, or any officer, elected official, or
26 14 employee of any of these entities acting in the
26 15 person's official capacity.
26 16 c. A person shall not bring an action under
26 17 subsection 2 which is based upon allegations or
26 18 transactions which are the subject of a civil suit or
26 19 an administrative civil penalty proceeding in which the
26 20 state is already a party.
26 21 d. A court shall not have jurisdiction over an
26 22 action under this section based upon the public
26 23 disclosure of allegations or transactions in a
26 24 criminal, civil, or administrative hearing, or in a
26 25 legislative, administrative, or state auditor report,
26 26 hearing, audit, or investigation, or from the news
26 27 media, unless the action is brought by the attorney
26 28 general or the person bringing the action is an
26 29 original source of the information.
26 30 e. The state is not liable for expenses which a
26 31 person incurs in bringing an action under this section.
26 32 f. In a civil action brought under this section, a
26 33 prevailing defendant shall be entitled to reasonable
26 34 attorney fees and costs of defending the civil action.
26 35 6. Any employee, contractor, or agent who is
26 36 discharged, demoted, suspended, threatened, harassed,
26 37 or in any other manner discriminated against in the
26 38 terms and conditions of employment because of lawful
26 39 acts performed by the employee, contractor, or agent or
26 40 others in furtherance of an action under this section,
26 41 shall be entitled to all relief necessary to make the
26 42 employee, contractor, or agent whole. Such relief
26 43 shall include reinstatement with the same seniority
26 44 status such employee, contractor, or agent would have
26 45 had but for the discrimination, two times the amount of
26 46 back pay, interest on the back pay, and compensation
26 47 for any special damages sustained as a result of
26 48 the discrimination, including litigation costs and
26 49 reasonable attorney fees. An employee, contractor, or
26 50 agent may bring an action in the appropriate district
27 1 court of the state for the relief provided in this
27 2 subsection.
27 3 Sec. ___. NEW SECTION. 685.4 Procedure == statute
27 4 of limitations.
27 5 1. A subpoena requiring the attendance of a witness
27 6 at a trial or hearing conducted under this chapter may
27 7 be served at any place in the state, or through any
27 8 means authorized in the Iowa rules of civil procedure.
27 9 2. A civil action under this chapter may not be
27 10 brought more than six years after the date on which
27 11 the violation of section 684.2 is committed, or more
27 12 than three years after the date when facts material
27 13 to the right of action are known or reasonably should
27 14 have been known by the official of state charged with
27 15 responsibility to act in the circumstances, but in no
27 16 event more than ten years after the date on which the
27 17 violation is committed, whichever occurs last.
27 18 3. A civil action under this chapter may be brought
27 19 based on conduct occurring prior to the effective date
27 20 of this division of this Act, if the limitations period
27 21 pursuant to subsection 2 has not lapsed.
27 22 4. If the state elects to intervene and proceed
27 23 with an action brought under this chapter, the state
27 24 may file its own complaint or amend the complaint of a
27 25 person who has brought an action under section 685.3 to
27 26 clarify or add detail to the claims in which the state
27 27 is intervening and to add any additional claims with
27 28 respect to which the state contends it is entitled to
27 29 relief. For statute of limitations purposes, any such
27 30 state pleading shall relate back to the filing date
27 31 of the complaint of the person who originally brought
27 32 the action, to the extent that the claim of the state
27 33 arises out of the conduct, transactions, or occurrences
27 34 set forth, or attempted to be set forth, in the prior
27 35 complaint of that person.
27 36 5. In any action brought under section 685.3, the
27 37 state shall prove all essential elements of the cause
27 38 of action, including damages, by a preponderance of the
27 39 evidence.
27 40 6. Notwithstanding any other provision of law, the
27 41 Iowa rules of criminal procedure, or the Iowa rules of
27 42 evidence, a final judgment rendered in favor of the
27 43 state in any criminal proceeding charging fraud or
27 44 false statements, whether upon a verdict after trial
27 45 or upon a plea of guilty or nolo contendere, shall
27 46 estop the defendant from denying the essential elements
27 47 of the offense in any action which involves the same
27 48 transaction as in the criminal proceeding and which is
27 49 brought under section 685.3.
27 50 Sec. ___. NEW SECTION. 685.5 Jurisdiction.
28 1 1. Any action under section 685.3 may be brought
28 2 in any judicial district in which the defendant or, in
28 3 the case of multiple defendants, any one defendant can
28 4 be found, resides, transacts business, or in which any
28 5 act proscribed by section 685.2 occurred. A summons as
28 6 required by the Iowa rules of civil procedure shall be
28 7 issued by the appropriate district court and served in
28 8 accordance with the Iowa rules of civil procedure.
28 9 2. A seal on the action ordered by the court
28 10 under section 685.3 shall not preclude the state,
28 11 local government, or the person bringing the action
28 12 from serving the complaint, any other pleadings, or
28 13 the written disclosure of substantially all material
28 14 evidence and information possessed by the person
28 15 bringing the action on the law enforcement authorities
28 16 that are authorized under the law of the state or local
28 17 government to investigate and prosecute such actions
28 18 on behalf of such governments, except that such seal
28 19 applies to the law enforcement authorities so served to
28 20 the same extent as the seal applies to other parties in
28 21 the action.
28 22 Sec. ___. NEW SECTION. 685.6 Rulemaking authority.
28 23 The attorney general may adopt such rules and
28 24 regulations as are necessary to effectuate the purposes
28 25 of this chapter.
28 26 Sec. ___. ANNUAL REPORTING REQUIREMENT. On the
28 27 thirtieth day after the effective date of this division
28 28 of this Act, and on the anniversary of the effective
28 29 date of this division of this Act each year thereafter,
28 30 the attorney general shall submit to the chairpersons
28 31 and ranking members of the house and senate committees
28 32 on judiciary, the legislative caucus staffs, and the
28 33 legislative services agency, in electronic format, a
28 34 report containing all of the following information:
28 35 1. The number of cases the attorney general filed
28 36 during the previous calendar year under this chapter.
28 37 2. The number of cases private individuals filed
28 38 under this chapter during the previous calendar year,
28 39 including those cases that remain under seal, and
28 40 specifying all of the following for the cases:
28 41 a. The state or federal court in which each case
28 42 was filed and the total number filed in each court.
28 43 b. The state program or agency involved in each
28 44 case.
28 45 c. The number of cases filed by private individuals
28 46 who previously filed an action based on the same or
28 47 similar transaction or allegation under the federal
28 48 False Claims Act or the false claims act of another
28 49 state.
28 50 3. The amount recovered by the state in the form of
29 1 settlement, damages, penalties, and litigation costs,
29 2 if known, and specifying the following for each case:
29 3 a. The case number and parties for each case in
29 4 which there was a recovery.
29 5 b. The amount of funds recovered respectively for
29 6 damages, penalties, and litigation costs.
29 7 c. The percentage of the recovery and the amount
29 8 that the state paid to any private person who brought
29 9 the action.
29 10 Sec. ___. DEPARTMENT OF JUSTICE == FALSE CLAIMS ACT
29 11 ENFORCEMENT. There is appropriated from the general
29 12 fund of the state to the department of justice for the
29 13 fiscal year beginning July 1, 2010, and ending June 30,
29 14 2011, the following amount, or so much thereof as is
29 15 necessary, to be used for the purposes designated:
29 16 For the general office of the attorney general,
29 17 including salaries, support, maintenance, miscellaneous
29 18 purposes, and for not more than the following full=time
29 19 equivalent positions:
29 20 .................................................. $ 60,000
29 21 ............................................... FTEs 1.00>
29 22 #60. By striking page 220, line 17, through page
29 23 221, line 32, and inserting:
29 24 <DIVISION ___
29 25 DEPARTMENT OF HUMAN SERVICES INSTITUTIONS
29 26 Sec. ___. CONTINUUM OF MENTAL HEALTH SERVICES.
29 27 1. The department of human services shall develop
29 28 a state-of-the-art continuum of mental health
29 29 services and shall implement the continuum, subject
29 30 to the limitations of available funding. As part
29 31 of developing the continuum, the department shall
29 32 determine the most cost=effective means of delivering
29 33 mental health services through the institutions
29 34 administered by the department. In addition to other
29 35 needs, the continuum shall provide for the co=occurring
29 36 treatment needs of persons with mental illness who also
29 37 have intellectual disabilities or a substance abuse
29 38 disorder.
29 39 2. It is anticipated that implementation of the
29 40 continuum will produce savings that will result in the
29 41 reversion of at least $1,000,000 in appropriations made
29 42 for such services for the fiscal year beginning July 1,
29 43 2010, and that any additional savings will be invested
29 44 in community=based services.
29 45 3. The council on human services shall review and
29 46 approve the continuum developed by the department prior
29 47 to its implementation. After approval is granted, the
29 48 department shall commence implementation and notify
29 49 the chairpersons and ranking members of the standing
29 50 committees on human resources of the senate and house
30 1 of representatives and of the joint appropriations
30 2 subcommittee on health and human services.
30 3 4. The department of human services may adopt
30 4 administrative rules under section 17A.4, subsection
30 5 3, and section 17A.5, subsection 2, paragraph "b", to
30 6 implement the provisions of this section and the rules
30 7 shall become effective immediately upon filing or on a
30 8 later effective date specified in the rules, unless the
30 9 effective date is delayed by the administrative rules
30 10 review committee. Any rules adopted in accordance with
30 11 this section shall not take effect before the rules are
30 12 reviewed by the administrative rules review committee.
30 13 The delay authority provided to the administrative
30 14 rules review committee under section 17A.4, subsection
30 15 7, and section 17A.8, subsection 9, shall be applicable
30 16 to a delay imposed under this section, notwithstanding
30 17 a provision in those sections making them inapplicable
30 18 to section 17A.5, subsection 2, paragraph "b". Any
30 19 rules adopted in accordance with the provisions of this
30 20 section shall also be published as a notice of intended
30 21 action as provided in section 17A.4.>
30 22 #61. Page 222, by striking lines 5 through 32.
30 23 #62. By striking page 223, line 34, through page
30 24 224, line 12.
30 25 #63. Page 246, line 30, by striking <REPEAL OF>
30 26 #64. Page 247, after line 9 by inserting:
30 27 <Sec. ___. Section 135.107, subsection 5, paragraph
30 28 a, Code Supplement 2009, is amended to read as follows:
30 29 a. There is established an advisory committee to
30 30 the center for rural health and primary care consisting
30 31 of one representative, approved by the respective
30 32 agency, of each of the following agencies: the
30 33 department of agriculture and land stewardship, the
30 34 Iowa department of public health, the department of
30 35 inspections and appeals, the national institute for
30 36 rural health policy, the rural health resource center,
30 37 the institute of agricultural medicine and occupational
30 38 health, and the Iowa state association of counties.
30 39 The governor shall appoint two representatives of
30 40 consumer groups active in rural health issues and a
30 41 representative of each of two farm organizations active
30 42 within the state, a representative of an agricultural
30 43 business in the state, a representative of a critical
30 44 needs hospital, a practicing rural family physician,
30 45 a practicing rural physician assistant, a practicing
30 46 rural advanced registered nurse practitioner, and
30 47 a rural health practitioner who is not a physician,
30 48 physician assistant, or advanced registered nurse
30 49 practitioner, as members of the advisory committee.
30 50 The advisory committee shall also include as members
31 1 two state representatives, one appointed by the speaker
31 2 of the house of representatives and one by the minority
31 3 leader of the house, and two state senators, one
31 4 appointed by the majority leader of the senate and one
31 5 by the minority leader of the senate.>
31 6 #65. Page 247, by striking line 17 and inserting:
31 7 <Sec. ___. REPEAL. Sections 135.28, 135N.1,
31 8 135N.2, 135N.3, 135N.4, 135N.5, 135N.6, and 142C.16,
31 9 Code 2009, are repealed.>
31 10 #66. Page 248, after line 29 by inserting:
31 11 <DIVISION ___
31 12 DEPARTMENT OF HUMAN
31 13 SERVICES == LEVEL OF CARE
31 14 Sec. ___. LEVEL OF CARE EVALUATION. The department
31 15 of human services shall amend the medical assistance
31 16 program home and community=based services waiver for
31 17 persons with intellectual disabilities so that required
31 18 evaluations performed subsequent to the initial
31 19 diagnosis of mental retardation are for the purpose of
31 20 determining the appropriate level of care rather than
31 21 confirming the original diagnosis.>
31 22 #67. Page 248, after line 29 by inserting:
31 23 <DIVISION ___
31 24 DEPARTMENT OF HUMAN
31 25 SERVICES == TRANSPORTATION SERVICES
31 26 Sec. ___. INCLUSION OF TRANSPORTATION
31 27 SERVICES. The department of human services shall amend
31 28 the medical assistance program home and community=based
31 29 services waiver for persons with intellectual
31 30 disabilities as necessary for employment=related
31 31 transportation to be covered by the supported community
31 32 living services provider.>
31 33 #68. By striking page 249, line 12, through page
31 34 250, line 7.
31 35 #69. Page 252, line 32, after <subdivision> by
31 36 inserting <and hired by the political subdivision>
31 37 #70. Page 253, after line 3 by inserting:
31 38 <Sec. ___. Section 80B.11E, subsection 1, Code
31 39 2009, is amended to read as follows:
31 40 1. Notwithstanding any other provision of law to
31 41 the contrary, an individual who is not a certified law
31 42 enforcement officer may apply for attendance at the
31 43 law enforcement academy at their own expense if such
31 44 individual is sponsored by a law enforcement agency
31 45 that either intends to hire or has hired the individual
31 46 as a law enforcement officer on the condition that the
31 47 individual meets the minimum eligibility standards
31 48 described in subsection 2. The costs for attendance by
31 49 such an individual at the law enforcement academy shall
31 50 be paid as provided in section 80B.11B.>
32 1 #71. Page 255, after line 14 by inserting:
32 2 <DIVISION ___
32 3 ONGOING PROGRAM REVIEW
32 4 Sec. ___. NEW SECTION. 8.71 Ongoing program review ==
32 5 repeal dates.
32 6 1. The general assembly finds that a regular review
32 7 of the programs and projects administered by state
32 8 government is necessary to determine whether each
32 9 program and project is effectively and efficiently
32 10 meeting the needs for which created and whether the
32 11 needs remain in place. The general assembly further
32 12 finds that a regular, systematic review process can
32 13 identify the programs and projects that are no longer
32 14 relevant or functioning at a desirable level and can
32 15 eliminate or reorganize those programs and projects so
32 16 that state resources can be used most effectively or
32 17 diverted to other priorities.
32 18 2. The committees on state government of the
32 19 senate and house of representatives shall propose
32 20 legislation for consideration by the Eighty=fourth
32 21 General Assembly, 2011 Session, providing a staggered
32 22 schedule for establishing an automatic repeal date for
32 23 each program or project administered by a department of
32 24 state government over the succeeding five=year period.
32 25 The committees on state government shall consult with
32 26 the office of the governor and the department of
32 27 management in formulating the staggered schedule and
32 28 the office and department shall cooperate in providing
32 29 necessary information requested by either committee.
32 30 The repeal date provisions shall be implemented
32 31 in a manner so that any program or project that is
32 32 reauthorized by law is again subject to automatic
32 33 repeal five years after reauthorization.>
32 34 #72. By renumbering as necessary.
COMMITTEE ON STATE GOVERNMENT MASCHER of Johnson, Chairperson
SF2088.669 (6) 83
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