Senate Amendment 5072
PAG LIN
1 1 Amend Senate File 2088, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. By striking page 1, line 3, through page 9, line
1 4 34, and inserting:
1 5 Sec. ___. Section 8.6, Code Supplement 2009, is
1 6 amended by adding the following new subsection:
1 7 NEW SUBSECTION. 17. Provide such assistance and
1 8 administrative support services to the information
1 9 technology division, created in section 8B.2, as the
1 10 department and the division determine maximizes the
1 11 efficiency and effectiveness of both the department and
1 12 division.
1 13 Sec. ___. Section 8A.101, unnumbered paragraph 1,
1 14 Code 2009, is amended to read as follows:
1 15 As used in this chapter and chapter 8B, unless the
1 16 context otherwise requires:
1 17 Sec. ___. Section 8A.104, subsection 12, Code 2009,
1 18 is amended by striking the subsection.
1 19 Sec. ___. Section 8A.111, subsections 3, 4, and 5,
1 20 Code 2009, are amended by striking the subsections.
1 21 SUBCHAPTER I
1 22 ADMINISTRATION == GENERAL PROVISIONS
1 23 Sec. ___. NEW SECTION. 8B.1 Definitions.
1 24 As used in this chapter, unless the context
1 25 otherwise requires:
1 26 1. "Council" means the technology advisory council
1 27 created in section 8B.8.
1 28 2. "Division" means the information technology
1 29 division of the department of management.
1 30 3. "Information technology" means computing and
1 31 electronics applications used to process and distribute
1 32 information in digital and other forms and includes
1 33 information technology devices, information technology
1 34 services, infrastructure services, and value added
1 35 services.
1 36 4. "Information technology device" means equipment
1 37 or associated software, including programs, languages,
1 38 procedures, or associated documentation, used
1 39 in operating the equipment which is designed for
1 40 utilizing information stored in an electronic format.
1 41 "Information technology device" includes but is not
1 42 limited to computer systems, computer networks, and
1 43 equipment used for input, output, processing, storage,
1 44 display, scanning, and printing.
1 45 5. "Information technology services" means services
1 46 designed to do any of the following:
1 47 a. Provide functions, maintenance, and support of
1 48 information technology devices.
1 49 b. Provide services including but not limited to
1 50 any of the following:
2 1 (1) Computer systems application development and
2 2 maintenance.
2 3 (2) Systems integration and interoperability.
2 4 (3) Operating systems maintenance and design.
2 5 (4) Computer systems programming.
2 6 (5) Computer systems software support.
2 7 (6) Planning and security relating to information
2 8 technology devices.
2 9 (7) Data management consultation.
2 10 (8) Information technology education and
2 11 consulting.
2 12 (9) Information technology planning and standards.
2 13 (10) Establishment of workstation management
2 14 standards.
2 15 6. "Infrastructure services" includes all of the
2 16 following:
2 17 a. Data centers used to support mainframe and other
2 18 computers and their associated components including
2 19 servers, information networks, storage systems,
2 20 redundant or backup power systems, redundant data
2 21 communications connections, environmental controls, and
2 22 security devices.
2 23 b. Servers, mainframes, or other centralized
2 24 processing systems.
2 25 c. Storage systems, including but not limited to
2 26 disk, tape, optical, and other structured repositories
2 27 for storing digital information.
2 28 d. Computer networks commonly referred to as local
2 29 area networks.
2 30 e. Network services, including equipment and
2 31 software which support local area networks, campus
2 32 area networks, wide area networks and metro area
2 33 networks. Network services also include data network
2 34 services such as routers, switches, firewalls, virtual
2 35 private networks, intrusion detection systems, access
2 36 control, internet protocol load balancers, event
2 37 logging and correlation, and content caching. Network
2 38 services do not include services provided by the Iowa
2 39 communications network pursuant to chapter 8D or by
2 40 the public broadcasting division of the department of
2 41 education.
2 42 f. Groupware applications used to facilitate
2 43 collaboration, communication, and workflow, including
2 44 electronic mail, directory services, calendaring and
2 45 scheduling, and imaging systems.
2 46 g. Information technology help desk services.
2 47 h. Cyber security functions and equipment.
2 48 i. Digital printing and printing procurement
2 49 services.
2 50 j. Data warehouses, including services that assist
3 1 in managing and locating digital information.
3 2 k. Disaster recovery technology and services.
3 3 l. Other similar or related services as determined
3 4 by the chief information officer.
3 5 7. "Participating agency" means any state agency,
3 6 except the state board of regents and institutions
3 7 operated under the authority of the state board of
3 8 regents.
3 9 8. "Value=added services" means services that
3 10 offer or provide unique, special, or enhanced value,
3 11 benefits, or features to the customer or user including
3 12 but not limited to services in which information
3 13 technology is specially designed, modified, or adapted
3 14 to meet the special or requested needs of the user or
3 15 customer; services involving the delivery, provision,
3 16 or transmission of information or data that require or
3 17 involve additional processing, formatting, enhancement,
3 18 compilation, or security; services that provide the
3 19 customer or user with enhanced accessibility, security,
3 20 or convenience; research and development services; and
3 21 services that are provided to support technological
3 22 or statutory requirements imposed on participating
3 23 agencies and other governmental entities, businesses,
3 24 and the public.
3 25 Sec. ___. NEW SECTION. 8B.2 Division created ==
3 26 chief information officer appointed.
3 27 1. The information technology division is created
3 28 as an independent office within the department
3 29 of management. The division is to be headed and
3 30 administered by the chief information officer for
3 31 the state. The chief information officer shall be
3 32 appointed by the governor to serve at the pleasure of
3 33 the governor and is subject to confirmation by the
3 34 senate. If the office becomes vacant, the vacancy
3 35 shall be filled in the same manner as provided for the
3 36 original appointment.
3 37 2. The person appointed as the chief information
3 38 officer for the state shall be professionally qualified
3 39 by education and have no less than five years'
3 40 experience in the field of information technology, and
3 41 a working knowledge of financial management. The chief
3 42 information officer shall not be a member of any local,
3 43 state, or national committee of a political party,
3 44 an officer or member of a committee in any partisan
3 45 political club or organization, or hold or be a
3 46 candidate for a paid elective public office. The chief
3 47 information officer is subject to the restrictions on
3 48 political activity provided in section 8A.416 and shall
3 49 not serve as an employee in any other executive branch
3 50 agency.
4 1 Sec. ___. NEW SECTION. 8B.3 Division == purpose ==
4 2 mission.
4 3 1. The division is created for the purpose of
4 4 managing and coordinating the major information
4 5 technology resources of state government.
4 6 2. The mission of the division is to provide high
4 7 quality, customer focused information technology
4 8 services and business solutions to government and to
4 9 citizens.
4 10 Sec. ___. NEW SECTION. 8B.4 Powers and duties of
4 11 the chief information officer.
4 12 The chief information officer shall do all of the
4 13 following:
4 14 1. Coordinate the internal operations of
4 15 the division and develop and implement policies
4 16 and procedures designed to ensure the efficient
4 17 administration of the division.
4 18 2. Appoint all personnel deemed necessary for the
4 19 administration of the division's functions as provided
4 20 in this chapter.
4 21 3. Prepare an annual budget for the division.
4 22 4. Develop and recommend legislative proposals
4 23 deemed necessary for the continued efficiency of the
4 24 division's functions, and review legislative proposals
4 25 generated outside the division which are related to
4 26 matters within the division's purview.
4 27 5. Adopt rules deemed necessary for the
4 28 administration of this chapter in accordance with
4 29 chapter 17A.
4 30 6. Prescribe and adopt information technology
4 31 standards and rules.
4 32 7. Develop and recommend legislative proposals
4 33 deemed necessary for the continued efficiency of
4 34 the division in performing information technology
4 35 functions, and review legislative proposals generated
4 36 outside of the division which are related to matters
4 37 within the division's purview.
4 38 8. Provide advice to the governor on issues related
4 39 to information technology.
4 40 9. Consult with agencies and other governmental
4 41 entities on issues relating to information technology.
4 42 10. Work with all governmental entities in an
4 43 effort to achieve the information technology goals
4 44 established by the division.
4 45 11. Utilize, in a manner determined by the chief
4 46 information officer, such assistance and administrative
4 47 support services as provided by the department of
4 48 management as the division determines maximizes the
4 49 efficiency and effectiveness of the division.
4 50 12. Enter into contracts for the receipt and
5 1 provision of services as deemed necessary. The chief
5 2 information officer and the governor may obtain and
5 3 accept grants and receipts to or for the state to be
5 4 used for the administration of the division's functions
5 5 as provided in this chapter.
5 6 13. Exercise and perform such other powers and
5 7 duties as may be prescribed by law.
5 8 Sec. ___. NEW SECTION. 8B.5 Prohibited interests ==
5 9 penalty.
5 10 The chief information officer shall not have any
5 11 pecuniary interest, directly or indirectly, in any
5 12 contract for supplies furnished to the state, or in any
5 13 business enterprise involving any expenditure by the
5 14 state. A violation of the provisions of this section
5 15 is a serious misdemeanor, and upon conviction, the
5 16 chief information officer shall be removed from office
5 17 in addition to any other penalty.
5 18 Sec. ___. NEW SECTION. 8B.6 Acceptance of funds.
5 19 The division may receive and accept donations,
5 20 grants, gifts, and contributions in the form of moneys,
5 21 services, materials, or otherwise, from the United
5 22 States or any of its agencies, from this state or any
5 23 of its agencies, or from any other person, and may use
5 24 or expend such moneys, services, materials, or other
5 25 contributions, or issue grants, in carrying out the
5 26 operations of the division. All federal grants to and
5 27 the federal receipts of the division are appropriated
5 28 for the purpose set forth in such federal grants
5 29 or receipts. The division shall report annually to
5 30 the general assembly on or before September 1 the
5 31 donations, grants, gifts, and contributions with a
5 32 monetary value of one thousand dollars or more that
5 33 were received during the most recently concluded fiscal
5 34 year.
5 35 Sec. ___. NEW SECTION. 8B.7 Federal funds.
5 36 1. Neither the provisions of this chapter nor
5 37 rules adopted pursuant to this chapter shall apply
5 38 in any situation where such provision or rule is in
5 39 conflict with a governing federal regulation or where
5 40 the provision or rule would jeopardize the receipt of
5 41 federal funds.
5 42 2. If it is determined by the attorney general that
5 43 any provision of this chapter would cause denial of
5 44 funds or services from the United States government
5 45 which would otherwise be available to an agency of this
5 46 state, such provision shall be suspended as to such
5 47 agency, but only to the extent necessary to prevent
5 48 denial of such funds or services.
5 49 Sec. ___. NEW SECTION. 8B.8 Technology advisory
5 50 council.
6 1 1. Definitions. For purposes of this section,
6 2 unless the context otherwise requires:
6 3 a. "Large agency" means a participating agency
6 4 with more than seven hundred full=time, year=round
6 5 employees.
6 6 b. "Medium=sized agency" means a participating
6 7 agency with at least seventy or more full=time,
6 8 year=round employees, but not more than seven hundred
6 9 permanent employees.
6 10 c. "Small agency" means a participating agency with
6 11 less than seventy full=time, year=round employees.
6 12 2. Membership.
6 13 a. The technology advisory council is composed of
6 14 ten members as follows:
6 15 (1) The chief information officer.
6 16 (2) The director of the department of management,
6 17 or the director's designee.
6 18 (3) Eight members appointed by the governor as
6 19 follows:
6 20 (a) Three representatives from large agencies.
6 21 (b) Two representatives from medium=sized agencies.
6 22 (c) One representative from a small agency.
6 23 (d) Two public members who are knowledgeable and
6 24 have experience in information technology matters.
6 25 b. (1) Members appointed pursuant to paragraph
6 26 "a", subparagraph (3), shall serve two=year staggered
6 27 terms. The division shall provide, by rule, for
6 28 the commencement of the term of membership for the
6 29 nonpublic members. The terms of the public members
6 30 shall be staggered at the discretion of the governor.
6 31 (2) Sections 69.16, 69.16A, and 69.19 shall apply
6 32 to the public members of the council.
6 33 (3) Public members appointed by the governor are
6 34 subject to senate confirmation.
6 35 (4) Public members appointed by the governor may be
6 36 eligible to receive compensation as provided in section
6 37 7E.6.
6 38 (5) Members shall be reimbursed for actual and
6 39 necessary expenses incurred in performance of the
6 40 members' duties.
6 41 (6) A director, deputy director, or employee
6 42 with information technology expertise of an agency
6 43 is preferred as an appointed representative for each
6 44 of the agency categories of membership pursuant to
6 45 paragraph "a", subparagraph (3).
6 46 c. The technology advisory council annually shall
6 47 elect a chair and a vice chair from among the members
6 48 of the council, by majority vote, to serve one=year
6 49 terms.
6 50 d. A majority of the members of the council shall
7 1 constitute a quorum.
7 2 e. Meetings of the council shall be held at the
7 3 call of the chairperson or at the request of three
7 4 members.
7 5 3. Powers and duties of the council. The powers
7 6 and duties of the technology advisory council as they
7 7 relate to information technology services shall include
7 8 but are not limited to all of the following:
7 9 a. Advise the chief information officer in
7 10 developing and adopting information technology
7 11 standards pursuant to sections 8B.4 and 8B.23
7 12 applicable to all agencies.
7 13 b. Make recommendations to the chief information
7 14 officer regarding all of the following:
7 15 (1) Technology utility services to be implemented
7 16 by the division.
7 17 (2) Improvements to information technology service
7 18 levels and modifications to the business continuity
7 19 plan for information technology operations developed by
7 20 the division for agencies, and to maximize the value of
7 21 information technology investments by the state.
7 22 (3) Technology initiatives for the executive
7 23 branch.
7 24 c. Advise the division regarding rates to be
7 25 charged for access to and for value=added services
7 26 performed through IowAccess.
7 27 Sec. ___. NEW SECTION. 8B.9 Reports required.
7 28 The division shall provide all of the following
7 29 reports:
7 30 1. An annual report of the division.
7 31 2. Internal service fund service business plans
7 32 and financial reports as required under section 8B.13,
7 33 subsection 5, paragraph "a", and an annual internal
7 34 service fund expenditure report as required under
7 35 section 8B.13, subsection 5, paragraph "b".
7 36 3. An annual report regarding total spending on
7 37 technology as required under section 8B.21, subsection
7 38 6.
7 39 4. A technology audit of the electronic
7 40 transmission system as required under section 8B.33.
7 41 5. An annual report of expenditures from the
7 42 IowAccess revolving fund as provided in section 8B.34.
7 43 SUBCHAPTER II
7 44 SERVICES == PROVISION AND FUNDING
7 45 Sec. ___. NEW SECTION. 8B.11 Financing division
7 46 services.
7 47 1. The division shall establish a process by which
7 48 the division shall determine which services provided
7 49 by the division shall be funded by an appropriation to
7 50 the division and which services shall be funded by the
8 1 governmental entity receiving the service.
8 2 2. a. For services which the division determines
8 3 shall be funded by the governmental entity receiving
8 4 the service, the division shall establish a process
8 5 for determining whether the division shall be the sole
8 6 provider of the service.
8 7 b. If the division determines that it shall be
8 8 the sole provider of a service, the division shall
8 9 establish a procedure for resolving complaints
8 10 concerning the service provided and shall set rates for
8 11 the service as provided in section 8B.21.
8 12 3. The division shall annually prepare a listing
8 13 separately identifying services to be provided by the
8 14 division and funded by an appropriation, services
8 15 to be provided by the division and funded by the
8 16 governmental entity receiving the service, and services
8 17 which the division is authorized to provide but which
8 18 governmental entities may provide on their own or
8 19 obtain from another provider of the service.
8 20 Sec. ___. NEW SECTION. 8B.12 Services to
8 21 governmental entities and nonprofit organizations.
8 22 1. The chief information officer shall enter
8 23 into agreements with state agencies, and may enter
8 24 into agreements with any other governmental entity
8 25 or a nonprofit organization, to furnish services
8 26 and facilities of the division to the applicable
8 27 governmental entity or nonprofit organization. The
8 28 agreement shall provide for the reimbursement to the
8 29 division of the reasonable cost of the services and
8 30 facilities furnished. All governmental entities
8 31 of this state may enter into such agreements. For
8 32 purposes of this subsection, "nonprofit organization"
8 33 means a nonprofit entity which is exempt from federal
8 34 income taxation pursuant to section 501(c)(3) of the
8 35 Internal Revenue Code and which is funded in whole or
8 36 in part by public funds.
8 37 2. This chapter does not affect any city civil
8 38 service programs established under chapter 400.
8 39 3. The state board of regents shall not be required
8 40 to obtain any service for the state board of regents or
8 41 any institution under the control of the state board
8 42 of regents that is provided by the division pursuant
8 43 to this chapter without the consent of the state board
8 44 of regents.
8 45 Sec. ___. NEW SECTION. 8B.13 Division internal
8 46 service funds.
8 47 1. Activities of the division shall be accounted
8 48 for within the general fund of the state, except
8 49 that the chief information officer may establish and
8 50 maintain internal service funds in accordance with
9 1 generally accepted accounting principles, as defined
9 2 in section 8.57, subsection 5, for activities of the
9 3 division which are primarily funded from billings to
9 4 governmental entities for services rendered by the
9 5 division. The establishment of an internal service
9 6 fund is subject to the approval of the director of the
9 7 department of management and the concurrence of the
9 8 auditor of state. At least ninety days prior to the
9 9 establishment of an internal service fund pursuant
9 10 to this section, the chief information officer shall
9 11 notify in writing the general assembly, including the
9 12 legislative council, legislative fiscal committee, and
9 13 the legislative services agency.
9 14 2. Internal service funds shall be administered by
9 15 the division and shall consist of moneys collected by
9 16 the division from billings issued in accordance with
9 17 section 8B.15 and any other moneys obtained or accepted
9 18 by the division, including but not limited to gifts,
9 19 loans, donations, grants, and contributions, which are
9 20 designated to support the activities of the individual
9 21 internal service funds. The chief information officer
9 22 may obtain loans from the innovations fund created in
9 23 section 8.63 for deposit in an internal service fund
9 24 established pursuant to this section to provide seed
9 25 and investment capital to enhance the delivery of
9 26 services provided by the division.
9 27 3. The proceeds of an internal service fund
9 28 established pursuant to this section shall be used
9 29 by the division for the operations of the division
9 30 consistent with this chapter. The chief information
9 31 officer may appoint the personnel necessary to ensure
9 32 the efficient provision of services funded pursuant
9 33 to an internal service fund established under this
9 34 section. However, this usage requirement shall not
9 35 limit or restrict the division from using proceeds from
9 36 gifts, loans, donations, grants, and contributions
9 37 in conformance with any conditions, directions,
9 38 limitations, or instructions attached or related
9 39 thereto.
9 40 4. Section 8.33 does not apply to any moneys in
9 41 internal service funds established pursuant to this
9 42 section. Notwithstanding section 12C.7, subsection 2,
9 43 interest or earnings on moneys deposited in these funds
9 44 shall be credited to these funds.
9 45 5. a. The chief information officer shall annually
9 46 provide internal service fund service business plans
9 47 and financial reports to the department of management
9 48 and the general assembly. The business plans may
9 49 include the recommendation that a portion of unexpended
9 50 net income be periodically returned to the appropriate
10 1 funding source.
10 2 b. The division shall submit an annual report not
10 3 later than October 1 to the members of the general
10 4 assembly and the legislative services agency of the
10 5 activities funded by and expenditures made from an
10 6 internal service fund established pursuant to this
10 7 section during the preceding fiscal year.
10 8 Sec. ___. NEW SECTION. 8B.14 Additional personnel.
10 9 The division may employ, upon the approval of the
10 10 department of management, additional personnel in
10 11 excess of the number of full time equivalent positions
10 12 authorized by the general assembly if such additional
10 13 personnel are reasonable and necessary to perform such
10 14 duties as required to meet the needs of the division
10 15 to provide services to other governmental entities and
10 16 as authorized by this chapter. The chief information
10 17 officer shall notify in writing the department of
10 18 management, the legislative fiscal committee, and the
10 19 legislative services agency of any additional personnel
10 20 employed pursuant to this section.
10 21 Sec. ___. NEW SECTION. 8B.15 Billing == credit
10 22 card payments.
10 23 1. The chief information officer may bill a
10 24 governmental entity for services rendered by the
10 25 division in accordance with the duties of the division
10 26 as provided in this chapter. Bills may include
10 27 direct, indirect, and developmental costs which have
10 28 not been funded by an appropriation to the division.
10 29 The division shall periodically render a billing
10 30 statement to a governmental entity outlining the cost
10 31 of services provided to the governmental entity. The
10 32 amount indicated on the statement shall be paid by
10 33 the governmental entity and amounts received by the
10 34 division shall be considered repayment receipts as
10 35 defined in section 8.2, and deposited into the accounts
10 36 of the division.
10 37 2. In addition to other forms of payment, a person
10 38 may pay by credit card for services provided by the
10 39 division, according to rules adopted by the treasurer
10 40 of state. The credit card fees to be charged shall
10 41 not exceed those permitted by statute. A governmental
10 42 entity may adjust its payment to reflect the costs of
10 43 processing as determined by the treasurer of state.
10 44 The discount charged by the credit card issuer may
10 45 be included in determining the fees to be paid for
10 46 completing a financial transaction under this section
10 47 by using a credit card. All credit card payments
10 48 shall be credited to the fund used to account for the
10 49 services provided.
10 50 Sec. ___. NEW SECTION. 8B.16 Division debts and
11 1 liabilities == appropriation request.
11 2 If a service provided by the division and funded
11 3 from an internal service fund established under
11 4 section 8B.13 ceases to be provided and insufficient
11 5 funds remain in the internal service fund to pay any
11 6 outstanding debts and liabilities relating to that
11 7 service, the chief information officer shall notify
11 8 the general assembly and request that moneys be
11 9 appropriated from the general fund of the state to pay
11 10 such debts and liabilities.
11 11 SUBCHAPTER III
11 12 INFORMATION TECHNOLOGY
11 13 Sec. ___. NEW SECTION. 8B.21 Information
11 14 technology services == division powers and duties ==
11 15 responsibilities.
11 16 1. Powers and duties of division. The powers and
11 17 duties of the division as it relates to information
11 18 technology services shall include but are not limited
11 19 to all of the following:
11 20 a. Providing information technology to agencies and
11 21 other governmental entities.
11 22 b. Implementing the strategic information
11 23 technology plan.
11 24 c. Developing and implementing a business
11 25 continuity plan, as the chief information officer
11 26 determines is appropriate, to be used if a disruption
11 27 occurs in the provision of information technology to
11 28 participating agencies and other governmental entities.
11 29 d. Prescribing standards and adopting rules
11 30 relating to information technology and procurement,
11 31 including but not limited to system design and systems
11 32 integration and interoperability, which shall apply
11 33 to all participating agencies except as otherwise
11 34 provided in this chapter. The division shall implement
11 35 information technology standards as established
11 36 pursuant to this chapter which are applicable to
11 37 information technology procurements for participating
11 38 agencies.
11 39 e. Developing and maintaining security policies
11 40 and systems to ensure the integrity of the state's
11 41 information resources and to prevent the disclosure of
11 42 confidential records.
11 43 f. Developing and implementing effective and
11 44 efficient strategies for the use and provision of
11 45 information technology for participating agencies and
11 46 other governmental entities.
11 47 g. Coordinating and managing the acquisition of
11 48 information technology services by participating
11 49 agencies in furtherance of the purposes of this
11 50 chapter. The division shall institute procedures to
12 1 ensure effective and efficient compliance with the
12 2 applicable standards established pursuant to this
12 3 chapter.
12 4 h. Entering into contracts, leases, licensing
12 5 agreements, royalty agreements, marketing agreements,
12 6 memorandums of understanding, or other agreements as
12 7 necessary and appropriate to administer this chapter.
12 8 i. Requesting that a participating agency provide
12 9 such information as is necessary to establish and
12 10 maintain an inventory of information technology used by
12 11 participating agencies, and such participating agency
12 12 shall provide such information to the division in a
12 13 timely manner. The form and content of the information
12 14 to be provided shall be determined by the division.
12 15 j. Charging reasonable fees, costs, expenses,
12 16 charges, or other amounts to an agency, governmental
12 17 entity, public official, or person or entity related to
12 18 the provision, sale, use, or utilization of, or cost
12 19 sharing with respect to, information technology and
12 20 any intellectual property interests related thereto;
12 21 research and development; proprietary hardware,
12 22 software, and applications; and information technology
12 23 architecture and design. The division may enter into
12 24 nondisclosure agreements and take any other legal
12 25 action reasonably necessary to secure a right to an
12 26 interest in information technology development by
12 27 or on behalf of the state of Iowa and to protect the
12 28 state of Iowa's proprietary information technology
12 29 and intellectual property interests. The provisions
12 30 of chapter 23A relating to noncompetition by state
12 31 agencies and political subdivisions with private
12 32 enterprise shall not apply to division activities
12 33 authorized under this paragraph.
12 34 k. Charging reasonable fees, costs, expenses,
12 35 charges, or other amounts to an agency, governmental
12 36 entity, public official, or other person or entity to
12 37 or for whom information technology or other services
12 38 have been provided by or on behalf of, or otherwise
12 39 made available through, the division.
12 40 l. Providing, selling, leasing, licensing,
12 41 transferring, or otherwise conveying or disposing of
12 42 information technology, or any intellectual property
12 43 or other rights with respect thereto, to agencies,
12 44 governmental entities, public officials, or other
12 45 persons or entities.
12 46 m. Entering into partnerships, contracts, leases,
12 47 or other agreements with public and private entities
12 48 for the evaluation and development of information
12 49 technology pilot projects.
12 50 n. Initiating and supporting the development
13 1 of electronic commerce, electronic government, and
13 2 internet applications across participating agencies and
13 3 in cooperation with other governmental entities. The
13 4 division shall foster joint development of electronic
13 5 commerce and electronic government involving the
13 6 public and private sectors, develop customer surveys
13 7 and citizen outreach and education programs and
13 8 material, and provide for citizen input regarding the
13 9 state's electronic commerce and electronic government
13 10 applications.
13 11 2. Responsibilities. The responsibilities of
13 12 the division as it relates to information technology
13 13 services include the following:
13 14 a. Coordinate the activities of the division in
13 15 promoting, integrating, and supporting information
13 16 technology in all business aspects of state government.
13 17 b. Provide for server systems, including mainframe
13 18 and other server operations, desktop support, and
13 19 applications integration.
13 20 c. Provide applications development, support, and
13 21 training, and advice and assistance in developing and
13 22 supporting business applications throughout state
13 23 government.
13 24 3. Information technology charges. The division
13 25 shall render a statement to an agency, governmental
13 26 entity, public official, or other person or entity
13 27 to or for whom information technology, value added
13 28 services, or other items or services have been provided
13 29 by or on behalf of, or otherwise made available
13 30 through, the division. Such an agency, governmental
13 31 entity, public official, or other person or entity
13 32 shall pay an amount indicated on such statement in a
13 33 manner determined by the division.
13 34 4. Dispute resolution. If a dispute arises between
13 35 the division and an agency for which the division
13 36 provides or refuses to provide information technology,
13 37 the dispute shall be resolved as provided in section
13 38 679A.19.
13 39 5. Waivers. a. The division shall adopt rules
13 40 allowing for participating agencies to seek a temporary
13 41 or permanent waiver from any of the requirements
13 42 of this subchapter concerning the acquisition,
13 43 utilization, or provision of information technology.
13 44 The rules shall provide that a waiver may be granted
13 45 upon a written request by a participating agency and
13 46 approval of the chief information officer. A waiver
13 47 shall only be approved if the participating agency
13 48 shows that a waiver would be in the best interests of
13 49 the state.
13 50 b. Prior to approving or denying a request for a
14 1 waiver, the chief information officer shall consider
14 2 all of the following:
14 3 (1) Whether the failure to grant a waiver would
14 4 violate any state or federal law; or any published
14 5 policy, standard, or requirement established by a
14 6 governing body other than the department.
14 7 (2) Whether the failure to start a waiver would
14 8 result in the duplication of existing services,
14 9 resources, or support.
14 10 (3) Whether the waiver would obstruct the state's
14 11 information technology strategic plan, enterprise
14 12 architecture, security plans, or any other information
14 13 technology policy, standard, or requirement.
14 14 (4) Whether the waiver would result in excessive
14 15 expenditures or expenditures above market rates.
14 16 (5) The life cycle of the system or application for
14 17 which the waiver is requested.
14 18 (6) Whether the participating agency can show that
14 19 it can obtain or provide the information technology
14 20 more economically than the information technology
14 21 can be provided by the department. For purposes of
14 22 determining if the participating agency can obtain or
14 23 provide the information technology more economically,
14 24 the chief information officer shall consider the
14 25 impact on other participating agencies if the waiver is
14 26 approved or denied.
14 27 (7) Whether the failure to grant a waiver would
14 28 jeopardize federal funding.
14 29 c. Rules adopted pursuant to this subsection
14 30 relating to a request for a waiver, at a minimum, shall
14 31 provide for all of the following:
14 32 (1) The request shall be in writing and signed
14 33 by the head of the participating agency seeking the
14 34 waiver.
14 35 (2) The request shall include a reference to the
14 36 specific policy, standard, or requirement for which the
14 37 waiver is submitted.
14 38 (3) The request shall include a statement of
14 39 facts including a description of the problem or issue
14 40 prompting the request; the participating agency's
14 41 preferred solution; an alternative approach to be
14 42 implemented by the participating agency intended to
14 43 satisfy the waived policy, standard, or requirement;
14 44 the business case for the alternative approach; the
14 45 economic justification for the waiver or a statement
14 46 as to why the waiver is in the best interests of
14 47 the state; the time period for which the waiver
14 48 is requested; and any other information deemed
14 49 appropriate.
14 50 d. A participating agency may appeal the decision
15 1 of the chief information officer to the director of
15 2 the department of management within seven calendar
15 3 days following the decision of the chief information
15 4 officer. The director of the department of management,
15 5 after consultation with the technology advisory
15 6 council, shall respond within fourteen days following
15 7 the receipt of the appeal.
15 8 e. The department of public defense, including both
15 9 the military division and the homeland security and
15 10 emergency management division, shall not be required to
15 11 obtain any information technology services pursuant to
15 12 this subchapter for the department of public defense
15 13 or its divisions that is provided by the department of
15 14 management pursuant to this chapter without the consent
15 15 of the adjutant general.
15 16 6. Annual report. On an annual basis, prepare a
15 17 report to the governor, the department of management,
15 18 and the general assembly regarding the total spending
15 19 on technology for the previous fiscal year, the total
15 20 amount appropriated for the current fiscal year, and
15 21 an estimate of the amount to be requested for the
15 22 succeeding fiscal year for all agencies. The report
15 23 shall include a five year projection of technology cost
15 24 savings, an accounting of the level of technology cost
15 25 savings for the current fiscal year, and a comparison
15 26 of the level of technology cost savings for the current
15 27 fiscal year with that of the previous fiscal year.
15 28 This report shall be filed as soon as possible after
15 29 the close of a fiscal year, and by no later than the
15 30 second Monday of January of each year.
15 31 Sec. ___. NEW SECTION. 8B.22 Digital government.
15 32 1. The division is responsible for initiating and
15 33 supporting the development of electronic commerce,
15 34 electronic government, and internet applications across
15 35 participating agencies and in cooperation with other
15 36 governmental entities.
15 37 2. In developing the concept of digital
15 38 government, the division shall do all of the following:
15 39 a. Establish standards, consistent with other state
15 40 law, for the implementation of electronic commerce,
15 41 including standards for electronic signatures,
15 42 electronic currency, and other items associated with
15 43 electronic commerce.
15 44 b. Establish guidelines for the appearance and
15 45 functioning of applications.
15 46 c. Establish standards for the integration of
15 47 electronic data across state agencies.
15 48 d. Foster joint development of electronic commerce
15 49 and electronic government involving the public and
15 50 private sectors.
16 1 e. Develop customer surveys and citizen outreach
16 2 and education programs and material, and provide for
16 3 citizen input regarding the state's electronic commerce
16 4 and electronic government applications.
16 5 f. Assist participating agencies in converting
16 6 printed government materials to electronic materials
16 7 which can be accessed through an internet searchable
16 8 database.
16 9 g. Encourage participating agencies to utilize
16 10 a print on demand strategy to reduce publication
16 11 overruns, excessive inventory, and obsolete printed
16 12 materials.
16 13 Sec. ___. NEW SECTION. 8B.23 Information
16 14 technology standards.
16 15 1. The division, after consultation with the
16 16 council, shall develop and adopt information technology
16 17 standards applicable to the procurement of information
16 18 technology by all participating agencies. Such
16 19 standards, unless waived by the division, shall
16 20 apply to all information technology procurements for
16 21 participating agencies.
16 22 2. The office of the governor or the office of
16 23 an elective constitutional or statutory officer
16 24 shall consult with the division prior to procuring
16 25 information technology and consider the information
16 26 technology standards adopted by the division, and
16 27 provide a written report to the division relating to
16 28 the office's decision regarding such acquisitions.
16 29 Sec. ___. NEW SECTION. 8B.24 Procurement of
16 30 information technology.
16 31 1. Standards established by the division, unless
16 32 waived by the division, shall apply to all information
16 33 technology procurements for participating agencies.
16 34 2. The division shall institute procedures to
16 35 ensure effective and efficient compliance with
16 36 standards established by the division.
16 37 3. The division shall develop policies and
16 38 procedures that apply to all information technology
16 39 goods and services acquisitions, and shall ensure the
16 40 compliance of all participating agencies. The division
16 41 shall also be the sole provider of infrastructure
16 42 services for participating agencies.
16 43 4. The division, by rule, may implement a
16 44 prequalification procedure for contractors with which
16 45 the division has entered or intends to enter into
16 46 agreements regarding the procurement of information
16 47 technology.
16 48 5. Notwithstanding the provisions governing
16 49 purchasing as provided in chapter 8A, subchapter III,
16 50 the division may procure information technology as
17 1 provided in this section. The division may cooperate
17 2 with other governmental entities in the procurement
17 3 of information technology in an effort to make such
17 4 procurements in a cost=effective, efficient manner as
17 5 provided in this section. The division, as deemed
17 6 appropriate and cost=effective, may procure information
17 7 technology using any of the following methods:
17 8 a. Cooperative procurement agreement. The division
17 9 may enter into a cooperative procurement agreement with
17 10 another governmental entity relating to the procurement
17 11 of information technology, whether such information
17 12 technology is for the use of the division or other
17 13 governmental entities. The cooperative procurement
17 14 agreement shall clearly specify the purpose of the
17 15 agreement and the method by which such purpose will be
17 16 accomplished. Any power exercised under such agreement
17 17 shall not exceed the power granted to any party to the
17 18 agreement.
17 19 b. Negotiated contract. The division may enter into
17 20 an agreement for the purchase of information technology
17 21 if any of the following applies:
17 22 (1) The contract price, terms, and conditions are
17 23 pursuant to the current federal supply contract, and
17 24 the purchase order adequately identifies the federal
17 25 supply contract under which the procurement is to be
17 26 made.
17 27 (2) The contract price, terms, and conditions
17 28 are no less favorable than the contractor's current
17 29 federal supply contract price, terms, and conditions;
17 30 the contractor has indicated in writing a willingness
17 31 to extend such price, terms, and conditions to the
17 32 division; and the purchase order adequately identifies
17 33 the contract relied upon.
17 34 (3) The contract is with a vendor which has a
17 35 current exclusive or nonexclusive price agreement
17 36 with the state for the information technology to be
17 37 procured, and such information technology meets the
17 38 same standards and specifications as the items to be
17 39 procured and both of the following apply:
17 40 (a) The quantity purchased does not exceed the
17 41 quantity which may be purchased under the applicable
17 42 price agreement.
17 43 (b) The purchase order adequately identifies the
17 44 price agreement relied upon.
17 45 c. Contracts let by another governmental
17 46 entity. The division, on its own behalf or on the
17 47 behalf of another participating agency or governmental
17 48 entity, may procure information technology under a
17 49 contract let by another agency or other governmental
17 50 entity, or approve such procurement in the same manner
18 1 by a participating agency or governmental entity.
18 2 d. Reverse auction.
18 3 (1) The division may enter into an agreement for
18 4 the purchase of information technology utilizing a
18 5 reverse auction process. Such process shall result in
18 6 the purchase of information technology from the vendor
18 7 submitting the lowest responsible bid amount for the
18 8 information technology to be acquired. The division,
18 9 in establishing a reverse auction process, shall do all
18 10 of the following:
18 11 (a) Determine the specifications and requirements
18 12 of the information technology to be acquired.
18 13 (b) Identify and provide notice to potential
18 14 vendors concerning the proposed acquisition.
18 15 (c) Establish prequalification requirements to be
18 16 met by a vendor to be eligible to participate in the
18 17 reverse auction.
18 18 (d) Conduct the reverse auction in a manner as
18 19 deemed appropriate by the division and consistent with
18 20 rules adopted by the division.
18 21 (2) Prior to conducting a reverse auction, the
18 22 division shall establish a threshold amount which shall
18 23 be the maximum amount which the division is willing to
18 24 pay for the information technology to be acquired.
18 25 (3) The division shall enter into an agreement
18 26 with a vendor who is the lowest responsible bidder
18 27 which meets the specifications or description of the
18 28 information technology to be procured, or the division
18 29 may reject all bids and begin the process again. In
18 30 determining the lowest responsible bidder, the division
18 31 may consider various factors including but not limited
18 32 to the past performance of the vendor relative to
18 33 quality of product or service, the past experience of
18 34 the division in relation to the product or service, the
18 35 relative quality of products or services, the proposed
18 36 terms of delivery, and the best interest of the state.
18 37 e. Competitive bidding. The division may enter
18 38 into an agreement for the procurement or acquisition of
18 39 information technology in the same manner as provided
18 40 under chapter 8A, subchapter III, for the purchasing
18 41 of service.
18 42 f. Other agreement. In addition to the competitive
18 43 bidding procedure provided for under paragraph "e",
18 44 the division may enter into an agreement for the
18 45 purchase, disposal, or other disposition of information
18 46 technology in the same manner and subject to the same
18 47 limitations as otherwise provided in this chapter. The
18 48 division, by rule, shall provide for such procedures.
18 49 6. The division shall adopt rules pursuant to
18 50 chapter 17A to implement the procurement methods and
19 1 procedures provided for in subsections 2 through 5.
19 2 SUBCHAPTER IV
19 3 IOWACCESS
19 4 Sec. ___. NEW SECTION. 8B.31 IowAccess == division
19 5 duties and responsibilities.
19 6 1. IowAccess. The division shall establish
19 7 IowAccess as a service to the citizens of this state
19 8 that is the gateway for one=stop electronic access
19 9 to government information and transactions, whether
19 10 federal, state, or local. Except as provided in
19 11 this section, IowAccess shall be a state=funded
19 12 service providing access to government information and
19 13 transactions. The division, in establishing the fees
19 14 for value=added services, shall consider the reasonable
19 15 cost of creating and organizing such government
19 16 information through IowAccess.
19 17 2. Duties. The division shall do all of the
19 18 following:
19 19 a. Establish rates to be charged for access to and
19 20 for value=added services performed through IowAccess.
19 21 b. Approve and establish the priority of projects
19 22 associated with IowAccess. The determination may also
19 23 include requirements concerning funding for a project
19 24 proposed by a political subdivision of the state or
19 25 an association, the membership of which is comprised
19 26 solely of political subdivisions of the state. Prior
19 27 to approving a project proposed by a political
19 28 subdivision, the division shall verify that all of the
19 29 following conditions are met:
19 30 (1) The proposed project provides a benefit to the
19 31 state.
19 32 (2) The proposed project, once completed, can be
19 33 shared with and used by other political subdivisions of
19 34 the state, as appropriate.
19 35 (3) The state retains ownership of any final
19 36 product or is granted a permanent license to the use
19 37 of the product.
19 38 c. Establish expected outcomes and effects of the
19 39 use of IowAccess and determine the manner in which such
19 40 outcomes are to be measured and evaluated.
19 41 d. Establish the IowAccess total budget request and
19 42 ensure that such request reflects the priorities and
19 43 goals of IowAccess as established by the division.
19 44 e. Advocate for access to government information
19 45 and services through IowAccess and for data privacy
19 46 protection, information ethics, accuracy, and security
19 47 in IowAccess programs and services.
19 48 f. Receive status and operations reports associated
19 49 with IowAccess.
19 50 3. Data purchasing. This section shall not be
20 1 construed to impair the right of a person to contract
20 2 to purchase information or data from the Iowa court
20 3 information system or any other governmental entity.
20 4 This section shall not be construed to affect a data
20 5 purchase agreement or contract in existence on April
20 6 25, 2000.
20 7 Sec. ___. NEW SECTION. 8B.32 Financial
20 8 transactions.
20 9 1. Moneys paid to a participating agency from
20 10 persons who complete an electronic financial
20 11 transaction with the agency by accessing IowAccess
20 12 shall be transferred to the treasurer of state for
20 13 deposit in the general fund of the state, unless the
20 14 disposition of the moneys is specifically provided for
20 15 under other law. The moneys may include all of the
20 16 following:
20 17 a. Fees required to obtain an electronic public
20 18 record as provided in section 22.3A.
20 19 b. Fees required to process an application or file
20 20 a document, including but not limited to fees required
20 21 to obtain a license issued by a licensing authority.
20 22 c. Moneys owed to a governmental entity by a
20 23 person accessing IowAccess in order to satisfy a
20 24 liability arising from the operation of law, including
20 25 the payment of assessments, taxes, fines, and civil
20 26 penalties.
20 27 2. Moneys transferred using IowAccess may include
20 28 amounts owed by a governmental entity to a person
20 29 accessing IowAccess in order to satisfy a liability of
20 30 the governmental entity. The moneys may include the
20 31 payment of tax refunds, and the disbursement of support
20 32 payments as defined in section 252D.16 or 598.1 as
20 33 required for orders issued pursuant to section 252B.14.
20 34 3. In addition to other forms of payment, credit
20 35 cards shall be accepted in payment for moneys owed to
20 36 or fees imposed by a governmental entity in the same
20 37 manner as provided in section 8B.15.
20 38 Sec. ___. NEW SECTION. 8B.33 Audits required.
20 39 A technology audit of the electronic transmission
20 40 system by which government records are transmitted
20 41 electronically to the public shall be conducted not
20 42 less than once annually for the purpose of determining
20 43 that government records and other electronic data are
20 44 not misappropriated or misused by the division or a
20 45 contractor of the division.
20 46 Sec. ___. NEW SECTION. 8B.34 IowAccess revolving
20 47 fund.
20 48 1. An IowAccess revolving fund is created in
20 49 the state treasury. The revolving fund shall be
20 50 administered by the division and shall consist of
21 1 moneys collected by the division as fees, moneys
21 2 appropriated by the general assembly, and any other
21 3 moneys obtained or accepted by the division for
21 4 deposit in the revolving fund. The proceeds of the
21 5 revolving fund are appropriated to and shall be used
21 6 by the division to maintain, develop, operate, and
21 7 expand IowAccess consistent with this chapter, and for
21 8 the support of activities of the technology advisory
21 9 council pursuant to section 8B.8.
21 10 2. The division shall submit an annual report
21 11 not later than January 31 to the members of the
21 12 general assembly and the legislative services agency
21 13 of the activities funded by and expenditures made
21 14 from the revolving fund during the preceding fiscal
21 15 year. Section 8.33 does not apply to any moneys in
21 16 the revolving fund, and, notwithstanding section
21 17 12C.7, subsection 2, earnings or interest on moneys
21 18 deposited in the revolving fund shall be credited to
21 19 the revolving fund.
21 20 Sec. ___. Section 12C.1, subsection 2, paragraph
21 21 e, subparagraph (6), Code 2009, is amended to read as
21 22 follows:
21 23 (6) Moneys placed in a depository for the purpose
21 24 of completing an electronic financial transaction
21 25 pursuant to section 8A.222 8B.32 or 331.427.
21 26 Sec. ___. Section 12C.4, Code 2009, is amended to
21 27 read as follows:
21 28 12C.4 Location of depositories.
21 29 Deposits by the treasurer of state shall be in
21 30 depositories located in this state; by a county
21 31 officer or county public hospital officer or merged
21 32 area hospital officer, in depositories located in the
21 33 county or in an adjoining county within this state;
21 34 by a memorial hospital treasurer, in a depository
21 35 located within this state which shall be selected by
21 36 the memorial hospital treasurer and approved by the
21 37 memorial hospital commission; by a city treasurer or
21 38 other city financial officer, in depositories located
21 39 in the county in which the city is located or in an
21 40 adjoining county, but if there is no depository in the
21 41 county in which the city is located or in an adjoining
21 42 county then in any other depository located in this
21 43 state which shall be selected as a depository by the
21 44 city council; by a school treasurer or by a school
21 45 secretary in a depository within this state which
21 46 shall be selected by the board of directors or the
21 47 trustees of the school district; by a township clerk
21 48 in a depository located within this state which shall
21 49 be selected by the township clerk and approved by the
21 50 trustees of the township. However, deposits may be
22 1 made in depositories outside of Iowa for the purpose of
22 2 paying principal and interest on bonded indebtedness
22 3 of any municipality when the deposit is made not
22 4 more than ten days before the date the principal
22 5 or interest becomes due. Further, the treasurer of
22 6 state may maintain an account or accounts outside the
22 7 state of Iowa for the purpose of providing custodial
22 8 services for the state and state retirement fund
22 9 accounts. Deposits made for the purpose of completing
22 10 an electronic financial transaction pursuant to section
22 11 8A.222 8B.32 or 331.427 may be made in any depository
22 12 located in this state.
22 13 Sec. ___. Section 23A.2, subsection 10, paragraph
22 14 o, Code Supplement 2009, is amended to read as follows:
22 15 o. The performance of an activity authorized
22 16 pursuant to section 8A.202 8B.21, subsection 2 1,
22 17 paragraph "j".
22 18 Sec. ___. REPEAL. Sections 8A.201, 8A.202, 8A.203,
22 19 8A.204, 8A.205, 8A.206, 8A.207, 8A.221, 8A.222, and
22 20 8A.223, Code 2009, are repealed.
22 21 Sec. ___. REPEAL. Section 8A.224, Code Supplement
22 22 2009, is repealed.
22 23 #2. Page 9, line 35, by striking DEPARTMENT OF
22 24 ADMINISTRATIVE SERVICES
22 25 #3. Page 10, line 1, after TECHNOLOGY by inserting
22 26 DIVISION
22 27 #4. Page 10, line 2, by striking department of
22 28 administrative services and inserting information
22 29 technology division of the department of management
22 30 #5. Page 10, line 13, by striking department and
22 31 inserting information technology division
22 32 #6. Page 30, line 4, after 2B.5A. by inserting The
22 33 agency shall also submit a copy of the notice to the
22 34 chairpersons and ranking members of the appropriate
22 35 standing committees of the general assembly for
22 36 additional study.
22 37 #7. Page 31, after line 21 by inserting:
22 38 <Sec. ___. APPLICABILITY. The amendment to section
22 39 17A.4 in this division of this Act, establishing
22 40 requirements for an agency to submit copies of rule
22 41 notices to the chairpersons and ranking members of
22 42 the appropriate standing committees, is applicable
22 43 beginning January 11, 2011.>
22 44 #8. Page 35, line 4, by striking 2011 2016 and
22 45 inserting 2011
22 46 #9. Page 35, by striking lines 11 through 20.
22 47 #10. Page 36, after line 3 by inserting:
22 48 <(e) (1) Beginning July 1, 2011, the policy shall
22 49 allow a director of an executive branch agency who
22 50 believes that the agency will not be able to reach
23 1 the applicable target aggregate ratio to apply for a
23 2 waiver of that requirement through a five=person review
23 3 board. In applying for a waiver, the director shall
23 4 provide detailed documentation to the board describing
23 5 the efforts that the executive branch agency has made
23 6 in attempting to meet the applicable target aggregate
23 7 ratio provided in this paragraph "g". The review
23 8 board shall consist of the director of the department
23 9 of management or a designee of the director, three
23 10 agency directors or the designees of those directors
23 11 as designated by the governor, and one public member
23 12 selected by the employee organization representing
23 13 the greatest number of executive branch employees.
23 14 However, if a department represented on the review
23 15 board seeks a waiver, the member representing the
23 16 department shall not participate in the decision on
23 17 whether to grant a waiver for that department.>
23 18 (2) Prior to determining whether to grant a waiver,
23 19 the review board shall make an initial determination
23 20 of whether the executive branch agency has provided
23 21 sufficient information to conduct a review. If not,
23 22 the review board shall deny the request and notify
23 23 the executive branch agency of the information needed
23 24 to consider the request for waiver. If a waiver is
23 25 granted, the review board shall limit the waiver to
23 26 only those operations within an executive branch agency
23 27 in which adequate justification for granting a waiver
23 28 has been established.
23 29 #11. Page 36, line 4, by striking <(e)> and
23 30 inserting <(f)>
23 31 #12. Page 36, line 8, by striking <(f)> and
23 32 inserting <(g)>
23 33 #13. Page 36, after line 10 by inserting:
23 34 (h) The policy shall provide that in calculating
23 35 the span of control ratio for an executive branch
23 36 agency, unfunded full=time equivalent positions shall
23 37 not be utilized.
23 38 #14. Page 36, line 11, by striking <(g)> and
23 39 inserting <(i)>
23 40 #15. Page 36, line 14, by striking 2017 and
23 41 inserting 2012
23 42 #16. Page 36, line 17, by striking <(h)> and
23 43 inserting <(j)>
23 44 #17. Page 36, line 33, by striking <noncontract>
23 45 #18. Page 38, line 18, after <services> by inserting
23 46 <, the chief information officer of the state,>
23 47 #19. Page 38, line 19, after <agencies> by inserting
23 48 <authorized to purchase goods and services>
23 49 #20. Page 38, line 29, after <agencies> by inserting
23 50 <authorized to purchase goods and services>
24 1 #21. Page 39, line 10, after <agency> by inserting
24 2 <authorized to purchase goods and services>
24 3 #22. Page 39, line 22, after <improvements> by
24 4 inserting <, and shall seek input from the department
24 5 of administrative services and the chief information
24 6 officer of the state regarding specific areas of
24 7 potential cooperation between the institutions
24 8 under the control of the board and the department of
24 9 administrative services>
24 10 #23. Page 39, line 26, after <agency> by inserting
24 11 <authorized to purchase goods and services>
24 12 #24. Page 39, line 29, by striking <July 1,> and
24 13 inserting <July 1>
24 14 #25. By striking page 46, line 22, through page 52,
24 15 line 22, and inserting:
24 16 <DIVISION ___
24 17 ALCOHOLIC BEVERAGES
24 18 DIVISION == MICRO=DISTILLERIES
24 19 Sec. ___. Section 123.32, subsection 1, Code
24 20 Supplement 2009, is amended to read as follows:
24 21 1. Filing of application. An application for a
24 22 class "A", class "B", class "C", or class "E" liquor
24 23 control license, for a class "A" micro=distilled
24 24 spirits permit, for a retail beer permit as provided
24 25 in sections 123.128 and 123.129, or for a class "B",
24 26 class "B" native, or class "C" native retail wine
24 27 permit as provided in section 123.178, 123.178A, or
24 28 123.178B, accompanied by the necessary fee and bond,
24 29 if required, shall be filed with the appropriate city
24 30 council if the premises for which the license or permit
24 31 is sought are located within the corporate limits of a
24 32 city, or with the board of supervisors if the premises
24 33 for which the license or permit is sought are located
24 34 outside the corporate limits of a city. An application
24 35 for a class "D" liquor control license and for a class
24 36 "A" beer or class "A" wine permit, accompanied by the
24 37 necessary fee and bond, if required, shall be filed
24 38 with the division, which shall proceed in the same
24 39 manner as in the case of an application approved by
24 40 local authorities.
24 41 Sec. ___. NEW SECTION. 123.43A Micro=distilled
24 42 spirits == permit.
24 43 1. For the purposes of this section, unless the
24 44 context other requires:
24 45 a. "Micro=distillery" means a business with an
24 46 operational still which, combining all production
24 47 facilities of the business, produces and manufactures
24 48 less than fifty thousand proof gallons of distilled
24 49 spirits on an annual basis.
24 50 b. "Micro=distilled spirits" means distilled
25 1 spirits fermented, distilled, or, for a period of
25 2 two years, barrel matured on the licensed premises
25 3 of the micro=distillery where fermented, distilled,
25 4 or matured. "Micro=distilled spirits" also includes
25 5 blended or mixed spirits comprised solely of spirits
25 6 fermented, distilled, or, for a period of two years,
25 7 barrel matured at a micro=distillery.
25 8 2. Subject to rules of the division, a
25 9 micro=distillery holding a class "A" micro=distilled
25 10 spirits permit pursuant to this section may sell or
25 11 offer for sale micro=distilled spirits. As provided
25 12 in this section, sales may be made at retail for
25 13 off=premises consumption when sold on the premises of
25 14 the micro=distillery that manufactures micro=distilled
25 15 spirits. All sales shall be made through the state's
25 16 wholesale distribution system.
25 17 3. A micro=distillery shall not sell more than
25 18 one and one=half liters per person per day, of
25 19 micro=distilled spirits on the premises of the
25 20 micro=distillery. In addition, a micro=distillery
25 21 shall not directly ship micro=distilled spirits for
25 22 sale at retail. The micro=distillery shall maintain
25 23 records of individual purchases of micro=distilled
25 24 spirits at the micro=distillery for three years.
25 25 4. A micro=distillery shall not sell
25 26 micro=distilled spirits other than as permitted
25 27 in this chapter and shall not allow micro=distilled
25 28 spirits sold to be consumed upon the premises of
25 29 the micro=distillery. However, as a part of a
25 30 micro=distillery tour, micro=distilled spirits of no
25 31 more than two ounces per person per day may be sampled
25 32 on the premises where fermented, distilled, or matured,
25 33 when no charge is made for the sampling.
25 34 5. A class "A" micro=distilled spirits permit for a
25 35 micro=distillery shall be issued and renewed annually
25 36 upon payment of a fee of five hundred dollars.
25 37 6. The sale of micro=distilled spirits to the
25 38 division for wholesale disposition and sale by the
25 39 division shall be subject to the requirements of this
25 40 chapter regarding such disposition and sale.
25 41 7. The division shall issue no more than three
25 42 permits under this section to a person. In addition,
25 43 a micro=distillery issued a permit under this section
25 44 shall file with the division all documents filed by
25 45 the micro=distillery with the alcohol and tobacco tax
25 46 and trade bureau of the United States department of
25 47 the treasury, including all production, storage, and
25 48 processing reports.>
25 49 8. Micro=distilled spirits purchased at a
25 50 micro=distillery shall not be consumed within three
26 1 hundred feet of a micro=distillery or on any property
26 2 owned, operated, or controlled by a micro=distillery.
26 3 #26. Page 52, before line 23 by inserting:
26 4 <DIVISION ___
26 5 ALCOHOLIC BEVERAGES DIVISION == CHARITY BEER AND WINE
26 6 AUCTION PERMIT
26 7 Sec. ___. NEW SECTION. 123.173A Charity beer and
26 8 wine auction permit.
26 9 1. For purposes of this section, "authorized
26 10 nonprofit entity" includes a nonprofit entity which
26 11 has a principal office in the state, a nonprofit
26 12 corporation organized under chapter 504, or a foreign
26 13 corporation as defined in section 504.141, whose income
26 14 is exempt from federal taxation under section 501(c) of
26 15 the Internal Revenue Code.
26 16 2. An authorized nonprofit entity may, upon
26 17 application to the division and receipt of a charity
26 18 beer and wine auction permit from the division, conduct
26 19 a charity auction which includes beer and wine. The
26 20 application shall specify the date and time when the
26 21 charity beer and wine auction is to be conducted and
26 22 the premises in this state where the charity beer
26 23 and wine auction is to be physically conducted. The
26 24 applicant shall certify that the objective of the
26 25 charity beer and wine auction is to raise funds solely
26 26 to be used for educational, religious, or charitable
26 27 purposes and that the entire proceeds from the charity
26 28 beer and wine auction are to be expended for any of the
26 29 purposes described in section 423.3, subsection 78.
26 30 3. An authorized nonprofit entity shall be eligible
26 31 to receive only two charity beer and wine auction
26 32 permits during a calendar year and each charity beer
26 33 and wine auction permit shall be valid for a period not
26 34 to exceed thirty=six consecutive hours.
26 35 4. The authorized nonprofit entity conducting the
26 36 charity beer and wine auction shall obtain the beer
26 37 and wine to be auctioned at the charity beer and wine
26 38 auction from an Iowa retail beer permittee or an Iowa
26 39 retail wine permittee, or may receive donations of
26 40 beer or wine to be auctioned at the charity beer and
26 41 wine auction from persons who purchased the donated
26 42 beer or wine from an Iowa retail beer permittee or an
26 43 Iowa retail wine permittee and who present a receipt
26 44 documenting the purchase at the time the beer or wine
26 45 is donated. The authorized nonprofit entity conducting
26 46 the charity beer and wine auction shall retain a copy
26 47 of the receipt for a period of one year from the date
26 48 of the charity beer and wine auction.
26 49 5. Persons shall be physically present at the
26 50 charity beer and wine auction to be eligible to bid on
27 1 beer and wine sold at the charity auction.
27 2 6. The beer and wine sold at the charity beer
27 3 and wine auction shall be in original containers for
27 4 consumption off of the premises where the charity beer
27 5 and wine auction is conducted. No other alcoholic
27 6 beverage may be sold by the charity beer and wine
27 7 auction permittee at the charity beer and wine auction.
27 8 A purchaser of beer or wine at a charity beer and wine
27 9 auction shall not take possession of the beer or wine
27 10 until the person is leaving the event. A purchaser
27 11 of beer or wine at a charity beer and wine auction
27 12 shall not open the container or consume or permit
27 13 the consumption of the beer or wine purchased on the
27 14 premises where the charity beer and wine auction is
27 15 conducted. A purchaser of beer or wine at a charity
27 16 beer and wine auction shall not resell the beer or
27 17 wine.
27 18 7. A liquor control licensee, beer permittee, or
27 19 wine permittee shall not purchase beer or wine at a
27 20 charity beer and wine auction. The charity beer and
27 21 wine auction may be conducted on a premises for which a
27 22 class "B" liquor control license or class "C" liquor
27 23 control license has been issued, provided that the
27 24 liquor control licensee does not participate in the
27 25 charity beer and wine auction, supply beer or wine to
27 26 be auctioned at the charity beer and wine auction, or
27 27 receive any of the proceeds of the charity beer and
27 28 wine auction.
27 29 Sec. ___. Section 123.179, Code 2009, is amended by
27 30 adding the following new subsection:
27 31 NEW SUBSECTION. 5. The fee for a charity beer and
27 32 wine auction permit is one hundred dollars.>
27 33 #27. Page 52, before line 23 by inserting:
27 34 <DIVISION ___
27 35 ALCOHOLIC BEVERAGES DIVISION == HIGH
27 36 ALCOHOL BEER
27 37 Sec. ___. Section 123.3, subsection 5, Code 2009,
27 38 is amended to read as follows:
27 39 5. "Alcoholic liquor" or "intoxicating liquor" means
27 40 the varieties of liquor defined in subsections 3 and
27 41 33 which contain more than five percent of alcohol
27 42 by weight, beverages made as described in subsection
27 43 7 which beverages contain more than five percent of
27 44 alcohol by weight but which are not wine as defined in
27 45 subsection 37 or high alcoholic content beer as defined
27 46 in subsection 14A, and every other liquid or solid,
27 47 patented or not, containing spirits and every beverage
27 48 obtained by the process described in subsection 37
27 49 containing more than seventeen percent alcohol by
27 50 weight or twenty=one and twenty=five hundredths percent
28 1 of alcohol by volume, and susceptible of being consumed
28 2 by a human being, for beverage purposes. Alcohol
28 3 manufactured in this state for use as fuel pursuant to
28 4 an experimental distilled spirits plant permit or its
28 5 equivalent issued by the federal bureau of alcohol,
28 6 tobacco and firearms is not an "alcoholic liquor".
28 7 Sec. ___. Section 123.3, Code 2009, is amended by
28 8 adding the following new subsection:
28 9 NEW SUBSECTION. 14A. "High alcoholic content beer"
28 10 means beer which contains more than five percent of
28 11 alcohol by weight, but not more than twelve percent of
28 12 alcohol by weight, that is made by the fermentation of
28 13 an infusion in potable water of barley, malt, and hops,
28 14 with or without unmalted grains or decorticated and
28 15 degerminated grains.
28 16 Sec. ___. Section 123.124, Code 2009, is amended to
28 17 read as follows:
28 18 123.124 Permits == classes.
28 19 Permits for the manufacture and sale, or sale of
28 20 beer shall be divided into four six classes, known
28 21 as class "A", special class "A", class "AA", special
28 22 class "AA", class "B", or class "C" permits. A class
28 23 "A" permit allows the holder to manufacture and sell
28 24 beer at wholesale. A holder of a special class "A"
28 25 permit may only manufacture beer to be consumed on
28 26 the licensed premises for which the person also holds
28 27 a class "C" liquor control license or class "B" beer
28 28 permit and to be sold to a class "A" permittee for
28 29 resale purposes. A class "AA" permit allows the holder
28 30 to manufacture and sell high alcoholic content beer at
28 31 wholesale. A holder of a special class "AA" permit
28 32 may only manufacture high alcoholic content beer to
28 33 be consumed on the licensed premises for which the
28 34 person also holds a class "C" liquor control license
28 35 or class "B" beer permit and to be sold to a class "AA"
28 36 permittee for resale purposes. A class "B" permit
28 37 allows the holder to sell beer to consumers at retail
28 38 for consumption on or off the premises. A class "C"
28 39 permit allows the holder to sell beer to consumers at
28 40 retail for consumption off the premises.
28 41 Sec. ___. Section 123.125, Code 2009, is amended to
28 42 read as follows:
28 43 123.125 Issuance of permits.
28 44 The administrator shall issue class "A", special
28 45 class "A", class "AA", special class "AA", class "B",
28 46 and class "C" beer permits and may suspend or revoke
28 47 permits for cause as provided in this chapter.
28 48 Sec. ___. Section 123.127, subsection 1, unnumbered
28 49 paragraph 1, Code Supplement 2009, is amended to read
28 50 as follows:
29 1 A class "A" or class "AA" permit shall be issued by
29 2 the administrator to any person who:
29 3 Sec. ___. Section 123.127, subsection 2, Code
29 4 Supplement 2009, is amended to read as follows:
29 5 2. An applicant for a special class "A" or
29 6 special class "AA" permit shall comply with the
29 7 requirements for a class "A" or class "AA" permit, as
29 8 applicable, and shall also state on the application
29 9 that the applicant holds or has applied for a class "C"
29 10 liquor control license or class "B" beer permit.
29 11 Sec. ___. Section 123.130, unnumbered paragraph 1,
29 12 Code 2009, is amended to read as follows:
29 13 Any person holding a class "A" permit issued by
29 14 the division shall be authorized to manufacture and
29 15 sell, or sell at wholesale, beer for consumption off
29 16 the premises, such sales within the state to be made
29 17 only to persons holding subsisting class "A", "B", or
29 18 "C" permits, or liquor control licenses issued in
29 19 accordance with the provisions of this chapter. The
29 20 holder of a class "A" permit may manufacture beer of
29 21 more than five percent alcohol by weight for shipment
29 22 outside this state only. However, a A class "A", class
29 23 "AA", or special class "AA" permit does not grant
29 24 authority to manufacture wine as defined in section
29 25 123.3, subsection 37.
29 26 Sec. ___. Section 123.134, Code 2009, is amended by
29 27 adding the following new subsection:
29 28 NEW SUBSECTION. 1A. The annual permit fee for a
29 29 class "AA" or special class "AA" permit is five hundred
29 30 dollars.
29 31 Sec. ___. Section 123.135, subsection 1, Code 2009,
29 32 is amended to read as follows:
29 33 1. A manufacturer, brewer, bottler, importer, or
29 34 vendor of beer or any agent thereof desiring to ship
29 35 or sell beer, or have beer brought into this state
29 36 for resale by a class "A" permittee shall first make
29 37 application for and be issued a brewer's certificate
29 38 of compliance by the administrator for that purpose.
29 39 The certificate of compliance expires at the end
29 40 of one year from the date of issuance and shall be
29 41 renewed for a like period upon application to the
29 42 administrator unless otherwise revoked for cause. Each
29 43 application for a certificate of compliance or renewal
29 44 of a certificate shall be accompanied by a fee of
29 45 one five hundred dollars payable to the division. Each
29 46 holder of a certificate of compliance shall furnish the
29 47 information in the form the administrator requires. A
29 48 brewer whose plant is located in Iowa and who otherwise
29 49 holds a class "A" beer permit to sell beer at wholesale
29 50 is exempt from the fee, but not from the terms and
30 1 conditions of the permit. The holder of a special
30 2 class "A" permit is exempt from the requirements of
30 3 this section.>
30 4 #28. Page 53, by striking lines 1 through 3 and
30 5 inserting <year. This section does not repeal any
30 6 authority previously granted to the division in chapter
30 7 123.>
30 8 #29. By striking page 53, line 16, through page 56,
30 9 line 1, and inserting:
30 10 <DIVISION ___
30 11 ALCOHOLIC BEVERAGES DIVISION == DIRECT
30 12 SHIPMENT OF WINE
30 13 Sec. ___. Section 123.173, subsection 1, Code 2009,
30 14 is amended to read as follows:
30 15 1. Permits Except as provided in section 123.187,
30 16 permits exclusively for the sale or manufacture and
30 17 sale of wine shall be divided into four classes, and
30 18 shall be known as class "A", "B", "B" native, or "C"
30 19 native wine permits.
30 20 Sec. ___. Section 123.187, Code 2009, is amended by
30 21 striking the section and inserting in lieu thereof the
30 22 following:
30 23 123.187 Direct shipment of wine == licenses and
30 24 requirements.
30 25 1. A wine manufacturer licensed or permitted
30 26 pursuant to laws regulating alcoholic beverages in this
30 27 state or another state may apply for a wine direct
30 28 shipper license, as provided in this section. For the
30 29 purposes of this section, a "wine manufacturer" means a
30 30 person who processes the fruit, vegetables, dandelions,
30 31 clover, honey, or any combination of these ingredients,
30 32 by fermentation into wines.
30 33 2. a. The administrator shall issue a wine
30 34 direct shipper license to a wine manufacturer who
30 35 submits a written application for the license on a
30 36 form to be established by the administrator by rule,
30 37 accompanied by a true copy of the manufacturer's
30 38 current alcoholic beverage license or permit and a copy
30 39 of the manufacturer's winery license issued by the
30 40 federal alcohol and tobacco tax and trade bureau.
30 41 b. An application submitted pursuant to paragraph
30 42 "a" shall be accompanied by a license fee in the amount
30 43 of twenty=five dollars.
30 44 c. An application submitted pursuant to paragraph
30 45 "a" shall also be accompanied by a bond in the amount
30 46 of five thousand dollars in the form prescribed and
30 47 furnished by the division with good and sufficient
30 48 sureties to be approved by the division conditioned
30 49 upon compliance with this chapter.
30 50 d. A license issued pursuant to this section may
31 1 be renewed annually by resubmitting the information
31 2 required in paragraph "a", accompanied by the
31 3 twenty=five dollar license fee.
31 4 3. The direct shipment of wine pursuant to this
31 5 section shall be subject to the following requirements
31 6 and restrictions:
31 7 a. Wine may only be shipped by a wine direct
31 8 shipper licensee to a resident of this state who is
31 9 at least twenty=one years of age, for the resident's
31 10 personal use and consumption and not for resale.
31 11 b. Wine subject to direct shipping shall be
31 12 properly registered with the federal alcohol and
31 13 tobacco tax and trade bureau, and fermented on the
31 14 winery premises of the wine direct shipper licensee.
31 15 c. All containers of wine shipped directly to
31 16 a resident of this state shall be conspicuously
31 17 labeled with the words CONTAINS ALCOHOL: SIGNATURE OF
31 18 PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY or shall
31 19 be conspicuously labeled with alternative wording
31 20 preapproved by the administrator.
31 21 d. All containers of wine shipped directly to a
31 22 resident of this state shall be shipped by an alcohol
31 23 carrier licensed as provided in subsection 6.
31 24 4. Shipment of wine pursuant to this subsection
31 25 does not require a refund value for beverage
31 26 container control purposes under chapter 455C.
31 27 5. A wine direct shipper licensee shall be deemed
31 28 to have consented to the jurisdiction of the division
31 29 or any other agency or court in this state concerning
31 30 enforcement of this section and any related laws,
31 31 rules, or regulations. A licensee shall permit the
31 32 division to perform an audit of shipping records upon
31 33 request.
31 34 6. a. Wine subject to direct shipment within this
31 35 state pursuant to this section shall be delivered only
31 36 by a carrier having obtained from the division an
31 37 alcohol carrier license. An alcohol carrier license
31 38 shall be issued upon payment of a one hundred dollar
31 39 license fee, and shall be subject to requirements, and
31 40 issued pursuant to application forms, to be determined
31 41 by the administrator by rule.
31 42 b. An alcohol carrier licensee shall not deliver
31 43 wine to any person under twenty=one years of age, or
31 44 to any person who either is or appears to be in an
31 45 intoxicated state or condition. A licensee shall
31 46 obtain valid proof of identity and age prior to
31 47 delivery, and shall obtain the signature of an adult
31 48 as a condition of delivery.
31 49 c. An alcohol carrier licensee shall maintain
31 50 records of wine shipped which include the license
32 1 number and name of the wine manufacturer, quantity
32 2 of wine shipped, recipient's name and address, and
32 3 an electronic or paper form of signature from the
32 4 recipient of the wine. Records shall be submitted to
32 5 the division on a monthly basis in a form and manner to
32 6 be determined by the division by rule.
32 7 7. A violation of this section shall subject a
32 8 licensee to the penalty provisions of section 123.39.>
32 9 #30. Page 58, line 26, after <affairs.> by inserting
32 10 <The term of office for voting members is four years.>
32 11 #31. Page 83, after line 10 by inserting:
32 12 <Sec. ___. Section 99D.28, subsection 7, Code 2009,
32 13 is amended to read as follows:
32 14 7. A claimant agency or licensee, acting in good
32 15 faith, shall not be liable to any person for actions
32 16 taken to comply with pursuant tothis section.>
32 17 #32. Page 83, after line 31 by inserting:
32 18 <Sec. ___. Section 99F.19, subsection 7, Code 2009,
32 19 is amended to read as follows:
32 20 7. A claimant agency or licensee, acting in good
32 21 faith, shall not be liable to any person for actions
32 22 taken to comply with pursuant tothis section.>
32 23 #33. By striking page 114, line 31, through page
32 24 115, line 12.
32 25 #34. Page 116, by striking lines 25 and 26 and
32 26 inserting:
32 27 <Sec. ___. REPEAL. Section 159A.5, Code 2009, is
32 28 repealed.>
32 29 #35. Page 116, after line 27 by inserting:
32 30 <Sec. ___. ORGANIC ADVISORY COUNCIL ==
32 31 FEES. Notwithstanding section 190C.5, for the fiscal
32 32 year beginning July 1, 2010, and ending June 30, 2011,
32 33 the department of agriculture and land stewardship
32 34 shall increase all fees that it establishes, imposes,
32 35 and collects pursuant to 21 IAC ch. 47 by ten percent.
32 36 Of the fees collected by the department, the amount
32 37 collected representing the ten percent increase in fees
32 38 authorized by this section shall not be deposited in
32 39 the general fund of the state but shall be retained by
32 40 the department for the purposes of the department.>
32 41 #36. By striking page 118, line 9, through page 158,
32 42 line 15.
32 43 #37. By striking page 162, line 5, through page 164,
32 44 line 34.
32 45 #38. Page 165, after line 22 by inserting:
32 46 <Sec. ___. NEW SECTION. 273.15 Advisory group.
32 47 1. The board of directors of each area education
32 48 agency shall appoint an advisory group to make
32 49 recommendations on policy, programs, and services to
32 50 the board. The advisory group shall provide input,
33 1 feedback, and recommendations to the board regarding
33 2 projected future needs, and shall provide a review
33 3 and response to any state=directed study or task
33 4 force report on area education agency efficiencies or
33 5 reorganization.
33 6 2. The advisory group shall consist of the
33 7 following:
33 8 a. A minimum of three superintendents employed by
33 9 school districts served by the area education agency;
33 10 at least one of whom shall represent a small school
33 11 district, at least one of whom shall represent a
33 12 medium=sized school district, and at least one of whom
33 13 shall represent a large school district.
33 14 b. A minimum of three principals employed by school
33 15 districts served by the area education agency; at least
33 16 one of whom shall represent an elementary school, at
33 17 least one of whom shall represent a middle school, and
33 18 at least one of whom shall represent a high school.
33 19 c. A minimum of four teachers employed by school
33 20 districts served by the area education agency; at least
33 21 one of whom shall represent early childhood teachers,
33 22 at least one of whom shall represent elementary
33 23 school teachers, at least one of whom shall represent
33 24 middle school teachers, and at least one of whom
33 25 shall represent high school teachers. At least one of
33 26 the teachers appointed shall also represent special
33 27 education and at least one of the teachers appointed
33 28 shall represent general education. At least one of the
33 29 teachers appointed shall represent related personnel,
33 30 including but not limited to media and technology
33 31 specialists and counselors.
33 32 d. A minimum of three parents or guardians of
33 33 school age children receiving services from the
33 34 area education agency, at least one of whom shall be
33 35 the parent or guardian of a child requiring special
33 36 education.
33 37 e. One member who represents accredited nonpublic
33 38 schools located within the boundaries of the area
33 39 education agency.
33 40 3. In appointing members of the advisory group
33 41 pursuant to subsection 2, the area education agency
33 42 shall collaborate with the superintendents and school
33 43 boards of the school districts served by the area
33 44 education agency.
33 45 4. All member appointments made pursuant to
33 46 subsection 2 shall comply with sections 69.16, 69.16A,
33 47 and 69.16C. In addition, every reasonable effort
33 48 shall be made to appoint members to provide balanced
33 49 representation based on age, experience, ethnicity,
33 50 district size, and geography.
34 1 5. The advisory group shall meet at least twice
34 2 annually and shall submit its recommendations in a
34 3 report to the board of directors of the area education
34 4 agency at least once annually. The report shall be
34 5 timely submitted to allow for consideration of the
34 6 recommendations prior to program planning and budgeting
34 7 for the following fiscal year.>
34 8 #39. By striking page 165, line 23, through page
34 9 166, line 1.
34 10 #40. Page 166, by striking lines 4 and 5 and
34 11 inserting:
34 12 <Sec. ___. REPEAL. Sections 280A.1, 280A.3,
34 13 280A.4, and 280A.5, Code 2009, are repealed.
34 14 Sec. ___. REPEAL. Section 280A.2, Code Supplement
34 15 2009, is repealed.>
34 16 #41. Page 166, by striking lines 7 through 24.
34 17 #42. By striking page 166, line 25, through page
34 18 198, line 6, and inserting:
34 19 DIVISION ____
34 20 EARLY CHILDHOOD IOWA INITIATIVE
34 21 Sec. ___. NEW SECTION. 256I.1 Definitions.
34 22 For the purposes of this chapter, unless the context
34 23 otherwise requires:
34 24 1. "Department" means the department of management.
34 25 2. "Desired results" means the set of desired
34 26 results for improving the quality of life in this state
34 27 for young children and their families identified in
34 28 section 256I.2.
34 29 3. "Early care", "early care services", or "early
34 30 care system" means the programs, services, support, or
34 31 other assistance made available to a parent or other
34 32 person who is involved with addressing the health
34 33 and education needs of a child from zero through age
34 34 five. "Early care", "early care services", or "early
34 35 care system" includes but is not limited to public and
34 36 private efforts and formal and informal settings.
34 37 4. "Early childhood Iowa area" means a geographic
34 38 area designated in accordance with this chapter.
34 39 5. "Early childhood Iowa area board" or "area board"
34 40 means the board for an early childhood Iowa area
34 41 created in accordance with this chapter.
34 42 6. "Early childhood Iowa state board" or "state
34 43 board" means the early childhood Iowa state board
34 44 created in section 256I.3.
34 45 Sec. ___. NEW SECTION. 256I.2 Desired results ==
34 46 purpose and scope.
34 47 1. It is intended that through the early childhood
34 48 Iowa initiative every community in Iowa will develop
34 49 the capacity and commitment for using local, informed
34 50 decision making to achieve the following set of desired
35 1 results for improving the quality of life in this state
35 2 for young children and their families:
35 3 a. Healthy children.
35 4 b. Children ready to succeed in school.
35 5 c. Safe and supportive communities.
35 6 d. Secure and nurturing families.
35 7 e. Secure and nurturing early learning
35 8 environments.
35 9 2. The purpose of creating the early childhood Iowa
35 10 initiative is to empower individuals, communities, and
35 11 state level partners to achieve the desired results.
35 12 The desired results will be achieved as private and
35 13 public entities work collaboratively. This initiative
35 14 creates a partnership between communities and state
35 15 level partners to support children zero through
35 16 age five and their families. The role of the early
35 17 childhood Iowa state board, area boards, and other
35 18 state and local government agencies is to provide
35 19 support, leadership, and facilitation of the growth
35 20 of individual, community, and state responsibility in
35 21 addressing the desired results.
35 22 3. To achieve the desired results, the initiative's
35 23 primary focus shall be on the efforts of the state and
35 24 communities to work together to improve the efficiency
35 25 and effectiveness of early care, education, health, and
35 26 human services provided to families with children from
35 27 zero through age five.
35 28 Sec. ___. NEW SECTION. 256I.3 Early childhood Iowa
35 29 state board created.
35 30 1. The early childhood Iowa state board is
35 31 created to promote a vision for a comprehensive early
35 32 care, education, health, and human services system
35 33 in this state. The board shall oversee state and
35 34 local efforts. The vision shall be achieved through
35 35 strategic planning, funding identification, guidance,
35 36 and decision=making authority to assure collaboration
35 37 among state and local early care, education, health,
35 38 and human services systems.
35 39 2. a. The board shall consist of twenty=one voting
35 40 members with fifteen citizen members and six state
35 41 agency members. The six state agency members shall
35 42 be the directors or their designees of the following
35 43 departments: economic development, education, human
35 44 rights, human services, public health, and workforce
35 45 development. The designees of state agency directors
35 46 shall be selected on an annual basis. The citizen
35 47 members shall be appointed by the governor, subject
35 48 to confirmation by the senate. The governor's
35 49 appointments of citizen members shall be made in
35 50 a manner so that each of the state's congressional
36 1 districts is represented by at least two citizen
36 2 members and so that all the appointments as a whole
36 3 reflect the ethnic, cultural, social, and economic
36 4 diversity of the state.
36 5 b. The governor's appointees shall be selected from
36 6 individuals nominated by area boards. The nominations
36 7 shall reflect the range of interests represented on the
36 8 area boards so that the governor is able to appoint one
36 9 or more members each for early care, education, health,
36 10 human services, business, faith, and public interests.
36 11 At least one of the citizen members shall be a service
36 12 consumer or the parent of a service consumer. The term
36 13 of office of the citizen members is three years. A
36 14 citizen member vacancy on the board shall be filled in
36 15 the same manner as the original appointment for the
36 16 balance of the unexpired term.
36 17 3. Citizen members shall be reimbursed for actual
36 18 and necessary expenses incurred in performance of their
36 19 duties. Citizen members shall be paid a per diem as
36 20 specified in section 7E.6.
36 21 4. In addition to the voting members, the state
36 22 board shall include four members of the general
36 23 assembly with not more than one member from each
36 24 chamber being from the same political party. The two
36 25 senators shall be appointed one each by the majority
36 26 leader of the senate and by the minority leader of the
36 27 senate. The two representatives shall be appointed one
36 28 each by the speaker of the house of representatives and
36 29 by the minority leader of the house of representatives.
36 30 Legislative members shall serve in an ex officio,
36 31 nonvoting capacity. A legislative member is eligible
36 32 for per diem and expenses as provided in section 2.10.
36 33 5. The state board shall elect a chairperson from
36 34 among the citizen members and may select other officers
36 35 from the voting members as determined to be necessary
36 36 by the board. The board shall meet regularly as
36 37 determined by the board, upon the call of the board's
36 38 chairperson, or upon the call of a majority of voting
36 39 members. The board shall meet at least quarterly.
36 40 Sec. ___. NEW SECTION. 256I.4 Early childhood Iowa
36 41 state board duties.
36 42 The state board shall perform the following duties:
36 43 1. Provide oversight of early childhood Iowa areas.
36 44 2. Manage and coordinate the provision of grant
36 45 funding and other moneys made available to early
36 46 childhood Iowa areas by combining all or portions of
36 47 appropriations or other revenues as authorized by law.
36 48 3. Approve the geographic boundaries for the early
36 49 childhood Iowa areas throughout the state and approve
36 50 any proposed changes in the boundaries.
37 1 4. Create a strategic plan that supports a
37 2 comprehensive system of early care, education, health,
37 3 and human services. The strategic plan shall be
37 4 developed with extensive community involvement.
37 5 The strategic plan shall be annually updated and
37 6 disseminated to the public. Specific items to be
37 7 addressed in the strategic plan shall include but are
37 8 not limited to all of the following:
37 9 a. Provisions to strengthen the state structure
37 10 including interagency levels of collaboration,
37 11 coordination, and integration.
37 12 b. Provisions for building public=private
37 13 partnerships.
37 14 c. Provisions to support consolidating, blending,
37 15 and redistributing state=administered funding streams
37 16 and the coordination of federal funding streams. The
37 17 strategic plan shall also address integration of
37 18 services provided through area boards, other state and
37 19 local commissions, committees, and other bodies with
37 20 overlapping and similar purposes which contribute to
37 21 redundancy and fragmentation in early care, education,
37 22 health, and human services programs provided to the
37 23 public.
37 24 d. Provisions for improving the efficiency of
37 25 working with federally mandated bodies.
37 26 e. Identification of indicators that measure
37 27 the success of the various strategies that impact
37 28 communities, families, and children. The indicators
37 29 shall be developed with input from area boards.
37 30 5. Adopt common performance measures and data for
37 31 services, programs, and activities provided by area
37 32 boards. Data from common performance measures shall be
37 33 included in the state board's annual report.
37 34 6. Assist with the linkage of child welfare and
37 35 juvenile justice decategorization projects with early
37 36 childhood Iowa areas.
37 37 7. Coordinate and respond to requests from an area
37 38 board relating to any of the following:
37 39 a. Waiver of existing rules, federal regulation, or
37 40 amendment of state law, or removal of other barriers.
37 41 b. Pooling and redirecting of existing federal,
37 42 state, or other public or private funds.
37 43 c. Seeking of federal waivers.
37 44 d. Consolidating community=level committees,
37 45 planning groups, and other bodies with common
37 46 memberships formed in response to state requirements.
37 47 8. Develop and implement a levels of excellence
37 48 rating system for use with the state board's
37 49 designation process for area boards. Allow for
37 50 flexibility and creativity of area boards in
38 1 implementing area board responsibilities and
38 2 provide authority for the area boards to support
38 3 the communities in the areas served. The levels
38 4 of excellence rating system shall utilize a tiered
38 5 approach for recognizing the performance of an area
38 6 board. The system shall provide for action to address
38 7 poor performing areas as well as higher performing
38 8 areas. If an area board achieves the highest rating
38 9 level, the state board shall allow special flexibility
38 10 provisions in regard to the funding appropriated or
38 11 allocated for that area board. The state board may
38 12 determine how often area boards are reviewed under the
38 13 system.
38 14 9. Adopt rules pursuant to chapter 17A as necessary
38 15 for the designation, governance, and oversight of area
38 16 boards and the administration of this chapter. The
38 17 state board shall provide for area board input in the
38 18 rules adoption process.
38 19 10. Develop guidelines for recommended insurance
38 20 or other liability coverage and take other actions to
38 21 assist area boards in acquiring such coverage at a
38 22 reasonable cost. Moneys expended by an area board to
38 23 acquire necessary insurance or other liability coverage
38 24 shall be considered an administrative cost.
38 25 11. In January each year, submit an annual report
38 26 to the governor and general assembly that includes but
38 27 is not limited to all of the following:
38 28 a. Any updates to the strategic plan.
38 29 b. The status and results of the early childhood
38 30 Iowa initiative efforts to engage the public regarding
38 31 the early care, education, health, human services, and
38 32 other needs of children zero through age five.
38 33 c. The status and results of the efforts to develop
38 34 and promote private sector involvement with the early
38 35 care system.
38 36 d. The status of the early childhood Iowa
38 37 initiative and the overall early care system in
38 38 achieving the set of desired results.
38 39 e. The data and common performance measures
38 40 addressed by the strategic plan, which shall include
38 41 but is not limited to funding amounts.
38 42 f. The indicators addressed by the strategic plan
38 43 along with associated data trends and their source.
38 44 12. Integrate statewide quality standards and
38 45 results indicators adopted by other boards and
38 46 commissions into the state board's funding requirements
38 47 for investments in early care, health, education, and
38 48 human services.
38 49 13. Ensure alignment of other state departments'
38 50 activities with the strategic plan.
39 1 14. Develop and keep current memoranda of
39 2 agreements between the state agencies represented
39 3 on the state board to promote system development
39 4 and integration and to clarify the roles and
39 5 responsibilities of partner agencies.
39 6 15. Work with the early childhood coordination
39 7 center in building public=private partnerships for
39 8 promoting the collaborative early care, education,
39 9 health, and human services system.
39 10 16. Support and align the early childhood Iowa
39 11 internet site with other agencies and improve internet
39 12 communication.
39 13 17. Adopt rules to implement this chapter. The
39 14 rules shall include but are not limited to the
39 15 following:
39 16 a. Indicators of the effectiveness of early
39 17 childhood Iowa areas, area boards, and the services
39 18 provided under the auspices of the area boards. The
39 19 indicators shall be developed with input from area
39 20 boards and shall build upon the core indicators of
39 21 effectiveness for the school ready children grant
39 22 program.
39 23 b. Minimum standards to further the provision of
39 24 equal access to services subject to the authority of
39 25 area boards.
39 26 c. Core functions for family support services,
39 27 parent education programs, preschool services provided
39 28 under a school ready children grant, and other programs
39 29 and services provided under this chapter. The state
39 30 board shall also develop guidelines and standards for
39 31 state=supported family support programs, based upon
39 32 existing guidelines and standards for the services.
39 33 18. Address other measurer to advance the
39 34 initiative. The measures may include any of the
39 35 following:
39 36 a. Advance the development of integrated data
39 37 systems.
39 38 b. Expand efforts to improve quality and utilize
39 39 evidence=based practices.
39 40 c. Further develop kindergarten assessment
39 41 approaches that are tied to state early learning
39 42 standards.
39 43 Sec. ___. NEW SECTION. 256I.5 Early childhood
39 44 coordination center.
39 45 1. The department shall provide administrative
39 46 support for implementation of the early childhood Iowa
39 47 initiative and for the state board.
39 48 2. a. The early childhood coordination center
39 49 is established as a work unit of the department to
39 50 provide a center for facilitation, communication, and
40 1 coordination for early childhood Iowa activities and
40 2 funding and for improvement of the individual early
40 3 care, education, health, and human services systems and
40 4 the comprehensive system.
40 5 b. Staffing for the center shall be provided
40 6 by a project director, a deputy, a family support
40 7 coordinator, and a first years first coordinator.
40 8 Dedicated fiscal staff and support staff may be
40 9 designated, subject to an appropriation made for this
40 10 purpose. The project director shall be appointed by
40 11 the governor, subject to confirmation by the senate,
40 12 and shall serve at the pleasure of the governor.
40 13 The center shall submit reports to the governor,
40 14 state board, and the general assembly. The project
40 15 director shall provide primary staffing to the board,
40 16 coordinate state technical assistance activities and
40 17 implementation of the technical assistance system, and
40 18 oversee other communication and coordination functions.
40 19 3. The state agencies represented on the state
40 20 board may designate additional staff, as part of
40 21 the early childhood Iowa initiative, to work as
40 22 a technical assistance team with the center in
40 23 providing coordination and other support to the state's
40 24 comprehensive early care, education, health, and human
40 25 services system.
40 26 4. The center shall work with the state and area
40 27 boards to provide leadership for comprehensive system
40 28 development. The center shall also do all of the
40 29 following:
40 30 a. Enter into memoranda of agreement with the
40 31 departments of economic development, education, human
40 32 rights, human services, public health, and workforce
40 33 development to formalize the respective departments'
40 34 commitments to collaborating with and integrating a
40 35 comprehensive early care, education, health, and human
40 36 services system. Items addressed in the memoranda
40 37 shall include but are not limited to data sharing and
40 38 providing staffing to the technical assistance team.
40 39 b. Work with private businesses, foundations, and
40 40 nonprofit organizations to develop sustained funding.
40 41 c. Maintain the internet site in accordance with
40 42 section 256I.10.
40 43 d. Propose any needed revisions to administrative
40 44 rules based on stakeholder input.
40 45 e. Provide technical support to the state and area
40 46 boards and to the early childhood Iowa areas through
40 47 staffing services made available through the state
40 48 agencies that serve on the state board.
40 49 f. Develop, collect, disseminate, and provide
40 50 guidance for common performance measures for the
41 1 programs receiving funding under the auspices of the
41 2 area boards.
41 3 g. If a disagreement arises within an early
41 4 childhood Iowa area regarding the interests represented
41 5 on the area's board, board decisions, or other disputes
41 6 that cannot be locally resolved, upon request, provide
41 7 state or regional technical assistance as deemed
41 8 appropriate by the center to assist the area in
41 9 resolving the disagreement.
41 10 Sec. ___. NEW SECTION. 256I.6 Early childhood Iowa
41 11 areas.
41 12 1. The purpose of an early childhood Iowa area is
41 13 to enable local citizens to lead collaborative efforts
41 14 involving early care, education, health, and human
41 15 services on behalf of the children, families, and other
41 16 citizens residing in the area. Leadership functions
41 17 may include but are not limited to strategic planning
41 18 for and oversight and managing of such programs and
41 19 the funding made available to the early childhood Iowa
41 20 area for such programs from federal, state, local,
41 21 and private sources. The focus of the area shall be
41 22 to achieve the desired results and to improve other
41 23 results for families with young children.
41 24 2. An early childhood Iowa area shall be designated
41 25 by using existing county boundaries to the extent
41 26 possible.
41 27 3. The designation of an early childhood Iowa
41 28 area boundaries and the creation of an area board
41 29 are both subject to the approval of the state board.
41 30 The state board shall determine if a proposed area
41 31 board can efficiently and effectively administer
41 32 the responsibilities and authority of the area to be
41 33 served. The state board may apply additional criteria
41 34 for designating areas and approving area boards, but
41 35 shall apply all of the following minimum criteria:
41 36 a. An area cannot encompass more than four
41 37 counties.
41 38 b. The counties encompassing a multicounty area
41 39 must have contiguous borders.
41 40 c. A single county area shall have a minimum
41 41 population of children zero through age five in excess
41 42 of five thousand, based on the most recent population
41 43 estimates issued by the United States bureau of the
41 44 census.
41 45 4. If the state board determines exceptional
41 46 circumstances exist, the state board may waive any of
41 47 the criteria otherwise specified in subsection 3.
41 48 Sec. ___. NEW SECTION. 256I.7 Early childhood Iowa
41 49 area boards created.
41 50 1. a. The early childhood Iowa functions for
42 1 an area shall be performed under the authority of an
42 2 early childhood Iowa area board. A majority of the
42 3 members of an area board shall be elected officials
42 4 or members of the public who are not employed by a
42 5 provider of services to or for the area board. In
42 6 addition, the membership of an area board shall include
42 7 representation from early care, education, health,
42 8 human services, business, and faith interests, and at
42 9 least one parent, grandparent, or guardian of a child
42 10 from zero through age five. The education, health, and
42 11 human services agencies represented on an area board
42 12 may receive funding from the area board.
42 13 b. Terms of office of area board members shall
42 14 be not more than three years and the terms shall be
42 15 staggered.
42 16 2. An area board may designate an advisory council
42 17 consisting of persons employed by or otherwise paid to
42 18 represent an entity listed in subsection 1 or other
42 19 provider of service. However, the deliberations of and
42 20 documents considered by such an advisory council shall
42 21 be public.
42 22 3. An area board shall elect a chairperson
42 23 from among the members who are citizens or elected
42 24 officials.
42 25 4. An area board is a unit of local government for
42 26 purposes of chapter 670, relating to tort liability
42 27 of governmental subdivisions. For purposes of
42 28 implementing a formal organizational structure, an area
42 29 board may utilize recommended guidelines and bylaws
42 30 established for this purpose by the state board.
42 31 5. All meetings of an area board or any committee
42 32 or other body established by an area board at which
42 33 public business is discussed or formal action taken
42 34 shall comply with the requirements of chapter 21. An
42 35 area board shall maintain its records in accordance
42 36 with chapter 22.
42 37 Sec. ___. NEW SECTION. 256I.8 Early childhood Iowa
42 38 area board duties.
42 39 1. An early childhood Iowa area board shall do all
42 40 of the following:
42 41 a. Designate a fiscal agent for grant moneys or
42 42 for other moneys administered by the area board. The
42 43 fiscal agent shall meet the qualifications developed
42 44 by the state board.
42 45 b. Administer early childhood Iowa grant moneys
42 46 available from the state to the area board as provided
42 47 by law and other federal, state, local, and private
42 48 moneys made available to the area board. Eligibility
42 49 for receipt of early childhood Iowa grant moneys shall
42 50 be limited to those early childhood area boards that
43 1 have developed an approved community plan in accordance
43 2 with this chapter. An early childhood area board
43 3 may apply to the state board for any private moneys
43 4 received by the early childhood Iowa initiative outside
43 5 of a state appropriation.
43 6 c. Develop a comprehensive community plan for
43 7 providing services for children from zero through
43 8 age five. At a minimum, the plan shall do all of the
43 9 following:
43 10 (1) Describe community and area needs for children
43 11 from zero through age five as identified through
43 12 ongoing assessments.
43 13 (2) Describe the current and desired levels of
43 14 community and area coordination of services for
43 15 children from zero through age five, including the
43 16 involvement and specific responsibilities of all
43 17 related organizations and entities.
43 18 (3) Identify all federal, state, local, and private
43 19 funding sources including funding estimates available
43 20 in the early childhood Iowa area that will be used
43 21 to provide services to children from zero through age
43 22 five.
43 23 (4) Describe how funding sources will be used
43 24 collaboratively and the degree to which the sources
43 25 can be combined to provide necessary services to young
43 26 children and their families.
43 27 (5) Identify the desired results and the
43 28 community=wide indicators the area board
43 29 expects to address through implementation of the
43 30 comprehensive community plan. The plan shall identify
43 31 community=specific, quantifiable performance measures
43 32 to be reported in the area board's annual report and
43 33 integration with the strategic plan adopted by the
43 34 state board.
43 35 (6) Describe the current status of support services
43 36 to prevent the spread of infectious diseases, prevent
43 37 child injuries, develop health emergency protocols,
43 38 help with medication, and care for children with
43 39 special health needs that are being provided to child
43 40 care facilities registered or licensed under chapter
43 41 237A within the early childhood Iowa area.
43 42 d. Submit an annual report on the effectiveness of
43 43 the community plan in addressing school readiness and
43 44 children's health and safety needs to the state board
43 45 and to the local government bodies in the area. The
43 46 annual report shall indicate the effectiveness of the
43 47 area board in addressing state and locally determined
43 48 goals.
43 49 e. Function as a coordinating body for services
43 50 offered by different entities directed to similar
44 1 purposes within the area.
44 2 f. Assume other responsibilities established by law
44 3 or administrative rule.
44 4 g. Cooperate with the state board, department
44 5 of education, and school districts and other local
44 6 education agencies in securing unique student
44 7 identifiers, in compliance with all applicable federal
44 8 and state confidentiality provisions.
44 9 2. An area board may do any of the following:
44 10 a. Designate one or more committees to assist with
44 11 area board functions.
44 12 b. Utilize community bodies for input to the area
44 13 board and implementation of services.
44 14 Sec. ___. NEW SECTION. 256I.9 School ready
44 15 children grant program.
44 16 1. The state board shall develop and promote a
44 17 school ready children grant program which shall provide
44 18 for all of the following components:
44 19 a. Identify the performance measures that will
44 20 be used to assess the effectiveness of the school
44 21 ready children grants, including the amount of early
44 22 intellectual stimulation of very young children, the
44 23 basic skill levels of students entering school, the
44 24 health status of children, the incidence of child
44 25 abuse and neglect, the level of involvement by parents
44 26 with their children, and the degree of quality of an
44 27 accessibility to child care.
44 28 b. Identify guidelines and a process to be used for
44 29 determining the readiness of an early childhood Iowa
44 30 area board for administering a school ready children
44 31 grant.
44 32 c. Provide for technical assistance concerning
44 33 funding sources, program design, and other pertinent
44 34 areas.
44 35 2. The state board shall provide maximum
44 36 flexibility to grantees for the use of the grant moneys
44 37 included in a school ready children grant.
44 38 3. A school ready children grant shall, to the
44 39 extent possible, be used to support programs that meet
44 40 quality standards identified by the state board. At a
44 41 minimum, a grant shall be used to provide all of the
44 42 following:
44 43 a. Preschool services provided on a voluntary basis
44 44 to children deemed at risk.
44 45 b. Family support services and parent education
44 46 programs promoted to parents of children from zero
44 47 through age five. Family support services shall
44 48 include but are not limited to home visitation.
44 49 c. Other services to support the strategic plan
44 50 developed by the state board.
45 1 d. Services to improve the quality and availability
45 2 of all types of child care. The services may include
45 3 but are not limited to making nurse consultants
45 4 available to support quality improvement.
45 5 4. a. A school ready children grant shall be
45 6 awarded to an area board annually, as funding is
45 7 available. Receipt of continued funding is subject
45 8 to submission of the required annual report and the
45 9 state board's determination that the area board is
45 10 measuring, through the use of performance measures
45 11 and community=wide indicators developed by the state
45 12 board with input from area boards, progress toward and
45 13 is achieving the desired results and other results
45 14 identified in the community plan. Each area board
45 15 shall participate in the levels of excellence rating
45 16 system to measure the area's success. If the use of
45 17 performance measures and community=wide indicators does
45 18 not show that an area board has made progress toward
45 19 achieving the results identified in the community
45 20 plan, the state board may request a plan of corrective
45 21 action, withhold any increase in funding, or withdraw
45 22 grant funding.
45 23 b. The state board shall distribute school
45 24 ready children grant moneys to area boards with
45 25 approved comprehensive community plans based upon
45 26 a determination of an early childhood Iowa area's
45 27 readiness to effectively utilize the grant moneys.
45 28 The grant moneys shall be adjusted for other federal
45 29 and state grant moneys to be received by the area for
45 30 services to children from zero through age five.
45 31 c. An area board's readiness shall be determined
45 32 by evidence of successful collaboration among public
45 33 and private early care, education, health, and
45 34 human services interests in the area or a documented
45 35 program design that supports a strong likelihood of
45 36 a successful collaboration between these interests.
45 37 Other criteria which may be used by the state board
45 38 to determine readiness and evaluate the funding
45 39 flexibility for an area include one or more of the
45 40 following:
45 41 (1) The levels of excellence rating received by the
45 42 area.
45 43 (2) Experience or other evidence of the area's
45 44 capacity to successfully implement the services in the
45 45 area's community plan.
45 46 (3) Local public and private funding and other
45 47 resources committed to implementation of the community
45 48 plan.
45 49 (4) The adequacy of plans for commitment of local
45 50 funding and other resources for implementation of the
46 1 community plan.
46 2 d. The provisions for distribution of school ready
46 3 children grant moneys shall be determined by the state
46 4 board.
46 5 e. The amount of school ready children grant
46 6 funding an area board may carry forward from one fiscal
46 7 year to the succeeding fiscal year shall not exceed
46 8 twenty percent of the grant amount for the fiscal year.
46 9 All of the school ready children grant funds received
46 10 by an area board for a fiscal year which remain
46 11 unencumbered or unobligated at the close of a fiscal
46 12 year shall be carried forward to the succeeding fiscal
46 13 year. However, the grant amount for the succeeding
46 14 fiscal year shall be reduced by the amount in excess
46 15 of twenty percent of the grant amount received for the
46 16 fiscal year.
46 17 Sec. ___. NEW SECTION. 256I.10 Early childhood
46 18 Iowa internet site.
46 19 1. The department shall provide for the operation
46 20 of an internet site for purposes of widely distributing
46 21 information regarding early care, education, health,
46 22 and human services and other information provided
46 23 by the departments represented on the state board
46 24 and the public and private agencies addressing the
46 25 comprehensive system for such services.
46 26 2. Information provided on the internet site shall
46 27 include but is not limited to all of the following:
46 28 a. Information about the early childhood Iowa
46 29 initiative for state and local use.
46 30 b. A link to a special internet site directed to
46 31 parents, including parent=specific information on early
46 32 care, education, health, and human services and links
46 33 to other resources available on the internet and from
46 34 other sources.
46 35 c. Program standards for early care, education,
46 36 health, and human services that have been approved by
46 37 state agencies.
46 38 3. The department shall provide to the state board
46 39 information regarding the extent and frequency of usage
46 40 of the internet site or sites and this information
46 41 shall be included in the board's annual report to the
46 42 governor and general assembly.
46 43 Sec. ___. NEW SECTION. 256I.11 Early childhood
46 44 Iowa fund.
46 45 1. An early childhood Iowa fund is created in
46 46 the state treasury. The moneys credited to the
46 47 fund are not subject to section 8.33 and moneys in
46 48 the fund shall not be transferred, used, obligated,
46 49 appropriated, or otherwise encumbered except as
46 50 provided by law. Notwithstanding section 12C.7,
47 1 subsection 2, interest or earnings on moneys deposited
47 2 in the fund shall be credited to the fund.
47 3 2. A school ready children grants account is
47 4 created in the fund under the authority of the director
47 5 of the department of education. Moneys credited to
47 6 the account shall be distributed by the department
47 7 in the form of grants to early childhood Iowa areas
47 8 pursuant to criteria established by the state board in
47 9 accordance with law.
47 10 3. Unless a different amount is authorized by law,
47 11 up to five percent of the school ready children grant
47 12 moneys distributed to an area board may be used by the
47 13 area board for administrative costs.
47 14 4. a. An early childhood programs grants account
47 15 is created in the fund under the authority of the
47 16 director of the department of management. Moneys
47 17 credited to the account under the auspices of the
47 18 department of human services are appropriated to and
47 19 shall be distributed by the department of management
47 20 in the form of grants to early childhood Iowa areas
47 21 pursuant to criteria established by the state board
47 22 in accordance with law. The criteria shall include
47 23 but are not limited to a requirement that an early
47 24 childhood Iowa area must be designated by the state
47 25 board in order to be eligible to receive an early
47 26 childhood programs grant.
47 27 b. The maximum funding amount an early childhood
47 28 Iowa area is eligible to receive from the early
47 29 childhood programs grant account for a fiscal year
47 30 shall be determined by applying the area's percentage
47 31 of the state's average monthly family investment
47 32 program population in the preceding fiscal year to the
47 33 total amount credited to the account for the fiscal
47 34 year.
47 35 c. An early childhood Iowa area receiving funding
47 36 from the early childhood programs grant account
47 37 shall comply with any federal reporting requirements
47 38 associated with the use of that funding and other
47 39 results and reporting requirements established by the
47 40 state board. The early childhood coordination center
47 41 shall provide technical assistance in identifying and
47 42 meeting the federal requirements. The availability of
47 43 funding provided from the account is subject to changes
47 44 in federal requirements and amendments to Iowa law.
47 45 d. The moneys distributed from the early childhood
47 46 programs grant account shall be used by early childhood
47 47 Iowa areas for the purposes of enhancing quality child
47 48 care capacity in support of parent capability to obtain
47 49 or retain employment. The moneys shall be used with a
47 50 primary emphasis on low=income families and children
48 1 from zero to age five. Moneys shall be provided
48 2 in a flexible manner and shall be used to implement
48 3 strategies identified by the early childhood Iowa area
48 4 to achieve such purposes. The department of management
48 5 may use a portion of the funding appropriated to the
48 6 department under this subsection for provision of
48 7 technical assistance and other support to the early
48 8 childhood Iowa areas developing and implementing
48 9 strategies with grant moneys distributed from the
48 10 account.
48 11 e. Moneys from a federal block grant that are
48 12 credited to the early childhood programs grant account
48 13 but are not distributed to an early childhood Iowa area
48 14 or otherwise remain unobligated or unexpended at the
48 15 end of the fiscal year shall revert to the fund created
48 16 in section 8.41 to be available for appropriation by
48 17 the general assembly in a subsequent fiscal year.
48 18 5. A first years first account is created in
48 19 the fund under the authority of the department of
48 20 management. The account shall consist of gift or grant
48 21 moneys obtained from any source, including but not
48 22 limited to the federal government. Moneys credited to
48 23 the account are appropriated to the department to be
48 24 used for the early childhood=related purposes for which
48 25 the moneys were received.
48 26 Sec. ___. Section 135.106, subsection 3, Code 2009,
48 27 is amended to read as follows:
48 28 3. It is the intent of the general assembly to
48 29 provide communities with the discretion and authority
48 30 to redesign existing local programs and services
48 31 targeted at and assisting families expecting babies
48 32 and families with children who are newborn through
48 33 five years of age. The Iowa department of public
48 34 health, department of human services, department of
48 35 education, and other state agencies and programs, as
48 36 appropriate, shall provide technical assistance and
48 37 support to communities desiring to redesign their
48 38 local programs and shall facilitate the consolidation
48 39 of existing state funding appropriated and made
48 40 available to the community for family support services.
48 41 Funds which are consolidated in accordance with this
48 42 subsection shall be used to support the redesigned
48 43 service delivery system. In redesigning services,
48 44 communities are encouraged to implement a single
48 45 uniform family risk assessment mechanism and shall
48 46 demonstrate the potential for improved outcomes for
48 47 children and families. Requests by local communities
48 48 for the redesigning of services shall be submitted to
48 49 the Iowa department of public health, department of
48 50 human services, and department of education, and are
49 1 subject to the approval of the early childhood Iowa
49 2 empowerment state board in consultation with the
49 3 departments, based on the practices utilized with
49 4 community empowerment early childhood Iowa areas under
49 5 chapter 28 256I.
49 6 Sec. ___. Section 135.119, subsection 2, paragraph
49 7 d, Code Supplement 2009, is amended to read as follows:
49 8 d. The program plan shall incorporate a multiyear,
49 9 collaborative approach for implementation of the
49 10 plan. The plan shall address how to involve those who
49 11 regularly work with parents and persons responsible for
49 12 the care of a child, including but not limited to child
49 13 abuse prevention programs, child care resource and
49 14 referral programs, child care providers, family support
49 15 programs, programs receiving funding through the
49 16 community empowerment early childhood Iowa initiative,
49 17 public and private schools, health care providers,
49 18 local health departments, birth centers, and birthing
49 19 hospitals.
49 20 Sec. ___. Section 135.159, subsection 3, paragraph
49 21 i, Code Supplement 2009, is amended to read as follows:
49 22 i. For children, coordinate with and integrate
49 23 guidelines, data, and information from existing newborn
49 24 and child health programs and entities, including but
49 25 not limited to the healthy opportunities for parents
49 26 to experience success = healthy families Iowa program,
49 27 the community empowerment program early childhood Iowa
49 28 initiative, the center for congenital and inherited
49 29 disorders screening and health care programs, standards
49 30 of care for pediatric health guidelines, the office of
49 31 multicultural health established in section 135.12, the
49 32 oral health bureau established in section 135.15, and
49 33 other similar programs and services.
49 34 Sec. ___. Section 135.173, Code 2009, is amended to
49 35 read as follows:
49 36 135.173 Early childhood Iowa council stakeholders
49 37 alliance.
49 38 1. Council Alliance created. An early childhood
49 39 Iowa council stakeholders alliance is created as an
49 40 alliance of stakeholders in to address the early care,
49 41 health, and education systems that affect children ages
49 42 zero through five in Iowa.
49 43 2. Purpose. The purpose of the early childhood
49 44 Iowa council stakeholders alliance is to oversee and
49 45 provide broad input into the development of an a high
49 46 quality Iowa early childhood system by integrating
49 47 the early care, health, and education systems
49 48 addressing that meets the needs of children ages
49 49 zero through five and their families and integrates
49 50 the early care, health, and education systems. The
50 1 council alliance shall advise the governor, general
50 2 assembly, and public and private policy bodies and
50 3 service providers in coordinating activities throughout
50 4 the state to fulfill its purpose.
50 5 3. Vision statement. All system development
50 6 activities addressed by the early childhood Iowa
50 7 council stakeholders alliance shall be aligned around
50 8 the following vision statement for the children of
50 9 Iowa: "Every child, beginning at birth, will be
50 10 healthy and successful."
50 11 4. Membership. The early childhood Iowa
50 12 council stakeholders alliance membership shall
50 13 include a representative of any organization that
50 14 touches the lives of young children in the state
50 15 ages zero through five, has endorsed the purpose
50 16 and vision statement for the council alliance,
50 17 has endorsed the guiding principles adopted by the
50 18 council alliance for the early childhood system,
50 19 and has formally asked to be a member and remains
50 20 actively engaged in council alliance activities.
50 21 The council alliance shall work to ensure there is
50 22 geographic, cultural, and ethnic diversity among the
50 23 membership.
50 24 5. Procedure. Except as otherwise provided by
50 25 law, the early childhood Iowa council stakeholders
50 26 alliance shall determine its own rules of procedure and
50 27 operating provisions.
50 28 6. Steering committee. The early childhood
50 29 Iowa council stakeholders alliance shall operate
50 30 with a steering committee to organize, manage, and
50 31 coordinate the activities of the council alliance and
50 32 its component groups. The steering committee may act
50 33 on behalf of the council alliance as necessary. The
50 34 steering committee membership shall consist of the
50 35 co=chairpersons of the council's alliance's component
50 36 groups, the chairperson of the state agency liaison
50 37 team, the community empowerment facilitator or the
50 38 facilitator's designee, the primary staff person
50 39 for the early childhood Iowa state board created
50 40 in chapter 256I, a staff member of the early
50 41 childhood coordination center of the department
50 42 of management, and other leaders designated by the
50 43 council alliance.
50 44 7. Component groups. The early childhood Iowa
50 45 council stakeholders alliance shall maintain component
50 46 groups to address the key components of the Iowa early
50 47 childhood system. Each component group shall have one
50 48 private and one public agency co=chairperson. The
50 49 council alliance may change the component groups as
50 50 deemed necessary by the advisory council alliance.
51 1 Initially, there shall be a component group for each
51 2 of the following:
51 3 a. Governance planning and administration.
51 4 b. Professional development.
51 5 c. Public engagement.
51 6 d. Quality services and programs.
51 7 e. Resources and funding.
51 8 f. Results accountability.
51 9 8. State agency liaison team. A state agency
51 10 liaison team shall provide input into the efforts of
51 11 the early childhood Iowa council stakeholders alliance.
51 12 In addition to designees of the governor, the team
51 13 shall consist of the directors or chief administrators,
51 14 or their designees, from the following state agencies
51 15 and programs:
51 16 a. Child health specialty clinics.
51 17 b. Office of community empowerment in the
51 18 department of management Early childhood Iowa state
51 19 board staff.
51 20 c. Department of education.
51 21 d. Department of education, office of head start
51 22 collaboration.
51 23 e. Division of libraries and information services
51 24 of the department of education.
51 25 e. f. Office of the governor.
51 26 f. g. Department of human rights.
51 27 g. h. Department of human services.
51 28 h. i. Postsecondary education institutions,
51 29 including but not limited to institutions of higher
51 30 learning under the control of the state board of
51 31 regents and Iowa community colleges.
51 32 j. Department of management.
51 33 i. k. Department of public health.
51 34 l. Department of workforce development.
51 35 9. Duties. In addition to the advisory function
51 36 specified in subsection 2, the The early childhood Iowa
51 37 council's stakeholders alliance duties shall include
51 38 but are not limited to all of the following regarding
51 39 the Iowa early childhood system:
51 40 a. Coordinate with the early childhood Iowa state
51 41 board concerning the development and implementation of
51 42 a the strategic plan required under chapter 256I. The
51 43 coordination and development activities shall emphasize
51 44 strengthening the early childhood system components
51 45 enumerated in this section.
51 46 b. Serve as the state advisory council required
51 47 under the federal Improving Head Start for School
51 48 Readiness Act of 2007, Pub. L. No. 110=134, if
51 49 designated by the governor.
51 50 c. Work to secure necessary funding support for
52 1 strengthening the design and implementation of a
52 2 high quality early childhood system. The support may
52 3 include but is not limited to federal funding available
52 4 for planning under early childhood comprehensive
52 5 service system grants by the federal maternal and child
52 6 health bureau and federal early learning challenge
52 7 grants.
52 8 d. Assist in the development of responsibilities
52 9 across agencies and other entities to achieve strategic
52 10 goals between the state board and area boards for the
52 11 early childhood Iowa initiative under chapter 256I to
52 12 develop and maintain a high quality early childhood
52 13 system in the state.
52 14 c. e. Work with the early childhood Iowa
52 15 empowerment board state board in developing
52 16 public=private partnerships to support the early
52 17 childhood system through the first years first account
52 18 in the early childhood Iowa empowerment fund and other
52 19 efforts for expanding investment of private funding
52 20 in the early childhood system. As this and similar
52 21 efforts to expand and coordinate investments from all
52 22 public and private sources evolve and mature, make
52 23 recommendations for designation of or contracting
52 24 with a private nonprofit organization to serve as a
52 25 fiscal agent for the early childhood system or another
52 26 approach for increasing public and private investment
52 27 in the system.
52 28 d. f. Report annually by December 31 to the
52 29 governor and general assembly. The report content
52 30 shall include but is not limited to all of the
52 31 following:
52 32 (1) The status and results of the
52 33 council's alliance's efforts to engage the public
52 34 regarding the early care, health, and education needs
52 35 of children ages zero through five and the efforts to
52 36 develop and promote private sector involvement with the
52 37 early childhood system.
52 38 (2) The status of the community empowerment early
52 39 childhood Iowa initiative and the overall early
52 40 childhood system in achieving the following initial set
52 41 of desired results identified in section 28.2 chapter
52 42 256I:
52 43 (a) Healthy children.
52 44 (b) Children ready to succeed in school.
52 45 (c) Safe and supportive communities.
52 46 (d) Secure and nurturing families.
52 47 (e) Secure and nurturing early care and education
52 48 environments.
52 49 10. Staff support for the early childhood
52 50 stakeholders alliance shall be provided by the
53 1 department of public health.
53 2 Sec. ___. Section 135.174, subsection 1, Code 2009,
53 3 is amended to read as follows:
53 4 1. The lead agency for support of the early
53 5 childhood Iowa council stakeholders alliance for state
53 6 agency efforts to develop an early childhood system for
53 7 Iowa shall be the department of public health.
53 8 Sec. ___. Section 135.174, subsection 2, unnumbered
53 9 paragraph 1, Code 2009, is amended to read as follows:
53 10 The department shall work with the early childhood
53 11 Iowa council stakeholders alliance in integrating early
53 12 care, health, and education systems to develop an early
53 13 childhood system for Iowa. The department shall do all
53 14 of the following in developing the system:
53 15 Sec. ___. Section 142A.4, subsection 8, Code
53 16 Supplement 2009, is amended to read as follows:
53 17 8. Assist with the linkage of the initiative with
53 18 child welfare and juvenile justice decategorization
53 19 projects, education programming, community
53 20 empowerment early childhood Iowa areas, and other
53 21 programs and services directed to youth at the state
53 22 and community level.
53 23 Sec. ___. Section 142A.8, subsection 2, Code 2009,
53 24 is amended to read as follows:
53 25 2. A community partnership area shall encompass
53 26 a county or multicounty area, school district or
53 27 multischool district area, economic development
53 28 enterprise zone that meets the requirements of an urban
53 29 or rural enterprise community under Title Tit. XIII of
53 30 the federal Omnibus Budget Reconciliation Act of 1993,
53 31 or community empowerment early childhood Iowa area, in
53 32 accordance with criteria adopted by the commission for
53 33 appropriate population levels and size of geographic
53 34 areas.
53 35 Sec. ___. Section 216A.140, subsection 5, paragraph
53 36 j, Code Supplement 2009, is amended to read as follows:
53 37 j. Office of community empowerment Early childhood
53 38 coordination center in the department of management.
53 39 Sec. ___. Section 217.42, subsection 1, Code 2009,
53 40 is amended to read as follows:
53 41 1. The organizational structure to deliver the
53 42 department's field services shall be based upon service
53 43 areas. The service areas shall serve as a basis for
53 44 providing field services to persons residing in the
53 45 counties comprising the service area. The service
53 46 areas shall be those designated by the department
53 47 effective January 1, 2002. In determining the
53 48 service areas, the department shall consider other
53 49 geographic service areas including but not limited to
53 50 judicial districts and community empowerment early
54 1 childhood Iowa areas. The department shall consult
54 2 with the county boards of supervisors in a service
54 3 area with respect to the selection of the service
54 4 area manager responsible for the service area who is
54 5 initially selected for the service area designated
54 6 effective January 1, 2002, and any service area manager
54 7 selected for the service area thereafter. Following
54 8 establishment of the service areas effective January
54 9 1, 2002, if a county seeks to change the boundaries
54 10 of a service area, the change shall only take place
54 11 if the change is mutually agreeable to the department
54 12 and all affected counties. If it is necessary for the
54 13 department to significantly modify its field operations
54 14 or the composition of a designated service area, or
54 15 if it is necessary for the department to change the
54 16 number of offices operating less than full=time, the
54 17 department shall consult with the affected counties
54 18 prior to implementing such action.
54 19 Sec. ___. Section 232.188, subsection 4, paragraph
54 20 c, Code 2009, is amended to read as follows:
54 21 c. A decategorization governance board shall
54 22 coordinate the project's planning and budgeting
54 23 activities with the departmental service area manager
54 24 for the county or counties comprising the project area
54 25 and the community empowerment early childhood Iowa area
54 26 board or boards for the community empowerment early
54 27 childhood Iowa area or areas within which the
54 28 decategorization project is located.
54 29 Sec. ___. Section 237A.21, subsection 3, paragraph
54 30 n, Code Supplement 2009, is amended to read as follows:
54 31 n. One designee of the community empowerment
54 32 office early childhood coordination center of the
54 33 department of management.
54 34 Sec. ___. Section 237A.21, subsection 3, paragraph
54 35 q, Code Supplement 2009, is amended to read as follows:
54 36 q. One person who represents the early childhood
54 37 Iowa council state board created in section
54 38 135.173 256I.3.
54 39 Sec. ___. Section 237A.22, subsection 1, paragraph
54 40 j, Code Supplement 2009, is amended to read as follows:
54 41 j. Advise and assist the early childhood Iowa
54 42 council state board in developing the strategic plan
54 43 required pursuant to section 135.173 256I.4.
54 44 Sec. ___. Section 237A.26, subsection 8, Code 2009,
54 45 is amended to read as follows:
54 46 8. For purposes of improving the quality and
54 47 consistency of data collection, consultation, and other
54 48 support to child care home and child development home
54 49 providers, a resource and referral services agency
54 50 grantee shall coordinate and assist with publicly
55 1 and privately funded efforts administered at the
55 2 community level to provide the support. The support
55 3 and efforts addressed by a grantee may include but are
55 4 not limited to community=funded child care home and
55 5 child development home consultants. Community members
55 6 involved with the assistance may include but are not
55 7 limited to the efforts of a community empowerment an
55 8 early childhood Iowa area board under chapter 28 256I,
55 9 and of community representatives of education, health,
55 10 human services, business, faith, and public interests.
55 11 Sec. ___. Section 237A.30, subsection 1, Code 2009,
55 12 is amended to read as follows:
55 13 1. The department shall work with the community
55 14 empowerment office of early childhood coordination
55 15 center in the department of management established in
55 16 section 28.3 256I.5 and the state child care advisory
55 17 council in designing and implementing a voluntary
55 18 quality rating system for each provider type of child
55 19 care facility.
55 20 Sec. ___. Section 256C.3, subsection 3, paragraph
55 21 e, Code 2009, is amended to read as follows:
55 22 e. Collaboration with participating families, early
55 23 care providers, and community partners including but
55 24 not limited to community empowerment early childhood
55 25 Iowa area boards, head start programs, shared visions
55 26 and other programs provided under the auspices of the
55 27 child development coordinating council, licensed child
55 28 care centers, registered child development homes,
55 29 area education agencies, child care resource and
55 30 referral services provided under section 237A.26, early
55 31 childhood special education programs, services funded
55 32 by Title Tit. I of the federal Elementary and Secondary
55 33 Education Act of 1965, and family support programs.
55 34 Sec. ___. Section 256C.3, subsection 4, paragraph
55 35 a, Code 2009, is amended to read as follows:
55 36 a. Methods of demonstrating community readiness
55 37 to implement high=quality instruction in a local
55 38 program shall be identified. The potential provider
55 39 shall submit a collaborative program proposal that
55 40 demonstrates the involvement of multiple community
55 41 stakeholders including but not limited to, and only as
55 42 applicable, parents, the school district, accredited
55 43 nonpublic schools and faith=based representatives, the
55 44 area education agency, the community empowerment early
55 45 childhood Iowa area board, representatives of business,
55 46 head start programs, shared visions and other programs
55 47 provided under the auspices of the child development
55 48 coordinating council, center=based and home=based
55 49 providers of child care services, human services,
55 50 public health, and economic development programs. The
56 1 methods may include but are not limited to a school
56 2 district providing evidence of a public hearing on
56 3 the proposed programming and written documentation of
56 4 collaboration agreements between the school district,
56 5 existing community providers, and other community
56 6 stakeholders addressing operational procedures and
56 7 other critical measures.
56 8 Sec. ___. Section 256C.4, subsection 2, paragraph
56 9 b, Code 2009, is amended to read as follows:
56 10 b. The enrollment count of eligible students shall
56 11 not include a child who is included in the enrollment
56 12 count determined under section 257.6 or a child who is
56 13 served by a program already receiving state or federal
56 14 funds for the purpose of the provision of four=year=old
56 15 preschool programming while the child is being served
56 16 by the program. Such preschool programming includes
56 17 but is not limited to child development assistance
56 18 programs provided under chapter 256A, special education
56 19 programs provided under section 256B.9, school ready
56 20 children grant programs and other programs provided
56 21 under chapter 28 256I, and federal head start programs
56 22 and the services funded by Title Tit. I of the federal
56 23 Elementary and Secondary Education Act of 1965.
56 24 Sec. ___. Section 279.60, Code 2009, is amended to
56 25 read as follows:
56 26 279.60 Kindergarten assessment == access to data ==
56 27 reports.
56 28 Each school district shall administer the dynamic
56 29 indicators of basic early literacy skills kindergarten
56 30 benchmark assessment or other kindergarten benchmark
56 31 assessment adopted by the department of education
56 32 in consultation with the early childhood Iowa
56 33 empowerment state board to every kindergarten student
56 34 enrolled in the district not later than the date
56 35 specified in section 257.6, subsection 1. The school
56 36 district shall also collect information from each
56 37 parent, guardian, or legal custodian of a kindergarten
56 38 student enrolled in the district, including but not
56 39 limited to whether the student attended preschool,
56 40 factors identified by the early care staff childhood
56 41 coordination center pursuant to section 28.3 256I.5,
56 42 and other demographic factors. Each school district
56 43 shall report the results of the assessment and the
56 44 preschool information collected to the department of
56 45 education in the manner prescribed by the department
56 46 not later than January 1 of that school year. The
56 47 early care staff designated pursuant to section
56 48 28.3 early childhood coordination center in the
56 49 department of management shall have access to the raw
56 50 data. The department shall review the information
57 1 submitted pursuant to this section and shall submit
57 2 its findings and recommendations annually in a report
57 3 to the governor, the general assembly, the early
57 4 childhood Iowa empowerment state board, and the
57 5 community empowerment early childhood Iowa area boards.
57 6 Sec. ___. Section 915.35, subsection 4, paragraph
57 7 b, Code Supplement 2009, is amended to read as follows:
57 8 b. A child protection assistance team may also
57 9 consult with or include juvenile court officers,
57 10 medical and mental health professionals, physicians
57 11 or other hospital=based health professionals,
57 12 court=appointed special advocates, guardians ad litem,
57 13 and members of a multidisciplinary team created by
57 14 the department of human services for child abuse
57 15 investigations. A child protection assistance team
57 16 may work cooperatively with the local community
57 17 empowerment early childhood Iowa area board established
57 18 under section 28.6 chapter 256I. The child protection
57 19 assistance team shall work with the department of human
57 20 services in accordance with section 232.71B, subsection
57 21 3, in developing the protocols for prioritizing the
57 22 actions taken in response to child abuse reports and
57 23 for law enforcement agencies working jointly with the
57 24 department at the local level in processes for child
57 25 abuse reports. The department of justice may provide
57 26 training and other assistance to support the activities
57 27 of a child protection assistance team.
57 28 Sec. ___. REPEALS. Chapter 28, Code and Code
57 29 Supplement 2009, is repealed.
57 30 Sec. ___. IMPLEMENTATION OF ACT. Section 25B.2,
57 31 subsection 3, shall not apply to this division of this
57 32 Act.
57 33 Sec. ___. TRANSITION.
57 34 1. The initial membership of the early childhood
57 35 Iowa state board shall be composed of the membership of
57 36 the Iowa empowerment board.
57 37 2. Effective on or after July 1, 2011, as
57 38 determined by the early childhood Iowa state board
57 39 created pursuant to this division of this Act, the
57 40 designations granted by the Iowa empowerment board to
57 41 community empowerment areas and community empowerment
57 42 area boards under chapter 28, Code 2009, are withdrawn.
57 43 However, subject to the approval of the early childhood
57 44 Iowa state board in accordance with the area board
57 45 designation criteria established by this division
57 46 of this Act, all or a portion of the membership of a
57 47 community empowerment area board may be redesignated to
57 48 serve as the membership of the initial early childhood
57 49 Iowa area board for the relevant early childhood Iowa
57 50 area to be served. Subject to rules to be adopted by
58 1 the state board addressing redesignation of community
58 2 empowerment areas as early childhood Iowa areas,
58 3 existing multicounty community empowerment area boards
58 4 may choose to be redefined as early childhood Iowa area
58 5 boards.
58 6 3. Until the early childhood Iowa state board
58 7 has adopted administrative rules to implement the
58 8 provisions of chapter 256I, as enacted by this division
58 9 of this Act, the department of management shall apply
58 10 the relevant rules adopted to implement the community
58 11 empowerment initiative under chapter 28, Code 2009.
58 12 The state board shall also adopt rules addressing
58 13 transition of contracts entered into by community
58 14 empowerment area boards that include provisions in
58 15 effect on or after July 1, 2012.
58 16 #43. Page 198, after line 6 by inserting:
58 17 <DIVISION ___
58 18 COMMUNITY COLLEGE ACCREDITATION
58 19 Sec. ___. Section 260C.47, subsection 1, unnumbered
58 20 paragraph 1, Code 2009, is amended to read as follows:
58 21 The state board of education shall establish by
58 22 rule an accreditation process for community college
58 23 programs by July 1, 1997. The process shall be
58 24 jointly developed and agreed upon by the department
58 25 of education and the community colleges. The state
58 26 accreditation process shall be integrated with the
58 27 accreditation process of the north central association
58 28 of colleges and schools, including the evaluation
58 29 cycle, the self=study process, and the criteria for
58 30 evaluation, which shall incorporate the standards for
58 31 community colleges developed under section 260C.48;
58 32 and shall identify and make provision for the needs
58 33 of the state that are not met by the association's
58 34 accreditation process. For the academic year
58 35 commencing July 1, 1998, and in succeeding school
58 36 years, the department of education shall use a
58 37 two=component process for the continued accreditation
58 38 of community college programs. Beginning July 1,
58 39 2006, the The state accreditation process shall
58 40 incorporate the standards developed pursuant to section
58 41 260C.48, subsection 4 and shall include but not be
58 42 limited to procedures for correcting deficiencies,
58 43 appropriate due process procedures including a
58 44 hearing, consequences for failure to meet accreditation
58 45 standards, notification procedures, and a timeline for
58 46 the process. Action taken by the state board pursuant
58 47 to this section for failure to meet accreditation
58 48 standards is final agency action for purposes of
58 49 chapter 17A.
58 50 Sec. ___. Section 260C.47, subsection 1, paragraphs
59 1 a, b, and c, Code 2009, are amended by striking the
59 2 paragraphs.
59 3 Sec. ___. Section 260C.47, subsections 2 through 7,
59 4 Code 2009, are amended by striking the subsections.
59 5 Sec. ___. Section 260C.48, subsection 1, unnumbered
59 6 paragraph 1, Code 2009, is amended to read as follows:
59 7 The state board shall develop standards and
59 8 adopt rules for the accreditation of community college
59 9 instructors and programs. Except as provided in
59 10 subsection 4, the standards and rules developed and
59 11 adopted shall not duplicate rules adopted for the
59 12 accreditation process established pursuant to section
59 13 260C.47. The department shall monitor and evaluate
59 14 the standards through a process jointly developed
59 15 and agreed upon by the department and the community
59 16 colleges. Except as provided in this subsection
59 17 and subsection 4, standards developed shall be
59 18 general in nature so as to apply to more than one
59 19 specific program of instruction. With regard to
59 20 community college=employed instructors, the standards
59 21 adopted shall at a minimum require that community
59 22 college instructors who are under contract for at
59 23 least half=time or more, and by July 1, 2011, all
59 24 instructors, meet the following requirements:>
59 25 #44. Page 198, before line 7 by inserting:
59 26 <Sec. ___. Section 260C.48, subsection 2, Code
59 27 2009, is amended to read as follows:
59 28 2. Standards developed shall include a provision
59 29 that the standard academic workload for an instructor
59 30 in arts and science courses shall be fifteen credit
59 31 hours per school term, and the maximum academic
59 32 workload for any instructor shall be sixteen credit
59 33 hours per school term, for classes taught during
59 34 the normal school day. In addition thereto, If
59 35 requested by the community college, any faculty
59 36 member instructor may teach a course or courses at
59 37 times other than the regular school week, involving
59 38 total class instruction time equivalent to not more
59 39 than a three=credit=hour course. The total workload
59 40 for such instructors shall not exceed the equivalent
59 41 of eighteen credit hours per school term beyond the
59 42 standard workload at the discretion of the instructor.>
59 43 #45. Page 198, after line 24 by inserting:
59 44 <DIVISION ___
59 45 DIVISION OF LIBRARIES AND INFORMATION SERVICES
59 46 Sec. ___. Section 256.51, subsection 1, paragraph
59 47 a, Code 2009, is amended to read as follows:
59 48 a. Determine policy for providing information
59 49 service to the three branches of state government and
59 50 to the legal and medical communities community in this
60 1 state.
60 2 Sec. ___. Section 256.52, subsection 1, Code 2009,
60 3 is amended to read as follows:
60 4 1. The state commission of libraries consists of
60 5 one member appointed by the supreme court, the director
60 6 of the department of education, or the director's
60 7 designee, and six members appointed by the governor to
60 8 serve four=year terms beginning and ending as provided
60 9 in section 69.19. Of the The governor's appointees,
60 10 one member shall be from the medical profession and
60 11 five members selected at large. Not more than three of
60 12 the members appointed by the governor shall be of the
60 13 same gender. The members shall be reimbursed for their
60 14 actual expenditures necessitated by their official
60 15 duties. Members may also be eligible for compensation
60 16 as provided in section 7E.6.
60 17 Sec. ___. Section 256.52, subsection 3, paragraph
60 18 d, Code 2009, is amended to read as follows:
60 19 d. Appoint and approve the technical, professional,
60 20 excepting the medical librarian and the law librarian,
60 21 secretarial, and clerical staff necessary to accomplish
60 22 the purposes of the division subject to chapter 8A,
60 23 subchapter IV.
60 24 Sec. ___. Section 256.54, unnumbered paragraph 1,
60 25 Code 2009, is amended to read as follows:
60 26 The state library includes, but is not limited to,
60 27 a medical library, a law library, and the state data
60 28 center.
60 29 Sec. ___. Section 256.54, subsection 1, Code 2009,
60 30 is amended by striking the subsection.
60 31 Sec. ___. EFFECTIVE UPON ENACTMENT. This division
60 32 of this Act, being deemed of immediate importance,
60 33 takes effect upon enactment.
60 34 DIVISION ___
60 35 LIBRARY DISTRICTS
60 36 Sec. ___. Section 336.2, unnumbered paragraphs 2
60 37 and 6, Code 2009, are amended to read as follows:
60 38 Eligible electors residing within the proposed
60 39 district in a number not less than five percent of
60 40 those voting for president of the United States or
60 41 governor, as the case may be, within the district at
60 42 the last general election may petition the board of
60 43 supervisors of the county, or the city council, for the
60 44 establishment of the library district. The petition
60 45 shall clearly designate the area to be included in the
60 46 district, the total number of board members, and how
60 47 representation on the board shall be divided among the
60 48 jurisdictions.
60 49 After the establishment of a library district other
60 50 areas may be included by mutual agreement subject to
61 1 the approval of the board of trustees of the library
61 2 district and the governing body passage of a referendum
61 3 by the electors of the area sought to be included.
61 4 Sec. ___. Section 336.4, Code 2009, is amended to
61 5 read as follows:
61 6 336.4 Library trustees.
61 7 In any area in which a library district has been
61 8 established in accordance with this chapter, a board
61 9 of library trustees, consisting of five, seven, or
61 10 nine electors of members who resident within the
61 11 library district, shall be appointed by the board of
61 12 supervisors of any county or city governing bodies of
61 13 the jurisdictions comprising the library district.
61 14 Membership on the library board shall be apportioned
61 15 between the rural and city areas of the district in
61 16 proportion to the population in each of such areas. In
61 17 the event the library district is composed of two or
61 18 more counties, two or more cities, or any combination
61 19 of counties and cities, representation on the library
61 20 board shall be equitably divided between or among the
61 21 counties and cities in proportion to the population in
61 22 each of the counties and cities.
61 23 Sec. ___. Section 336.5, Code 2009, is amended to
61 24 read as follows:
61 25 336.5 Terms == vacancies.
61 26 1. Of said the trustees so appointed in accordance
61 27 with section 336.4 on boards to consist consisting of
61 28 nine members, three shall hold office for two years,
61 29 three for four years, and three for six years;
61 30 on boards to consist consisting of seven members,
61 31 two shall hold office for two years, two for four
61 32 years, and three for six years; and on boards to
61 33 consist consisting of five members, one shall hold
61 34 office for two years, two for four years, and two
61 35 for six years, from the first day of July following
61 36 their appointment in each case. At their the first
61 37 meeting they of the board, members shall cast lots for
61 38 their respective terms, reporting the result of such
61 39 lot to the board of supervisors the governing body of
61 40 each jursidiction forming the library district. All
61 41 subsequent appointments, whatever the size of the
61 42 board, shall be for terms of six years each.
61 43 2. A vacancy exists when a member ceases to be a
61 44 resident of the jurisdiction the member represents or
61 45 is absent for six consecutive regular meetings of the
61 46 board.
61 47 3. Vacancies shall be filled for unexpired terms
61 48 by the governing body of the taxing unit of the
61 49 district jurisdiction represented by the retiring
61 50 member vacancy.
62 1 Sec. ___. Section 336.8, Code 2009, is amended to
62 2 read as follows:
62 3 336.8 Powers.
62 4 Said The board of library trustees shall have and
62 5 exercise the following powers:
62 6 1. To meet and organize by the election of one
62 7 of their number as elect from among its members
62 8 a president of the board, and by the election of a
62 9 secretary and such other officers as the board may deem
62 10 necessary.
62 11 2. To direct and control all affairs of the library
62 12 district, as well as to have charge, and supervision of
62 13 the public library, and its rooms, appurtenances, and
62 14 fixtures, and rooms containing the same, directing and
62 15 controlling all the affairs of such library.
62 16 3. To employ a librarian, and authorize the
62 17 librarian to employ such assistants and employees
62 18 as may be necessary for the proper management of
62 19 said the library, and district. The board shall fix
62 20 their the compensation; but, prior of such employees.
62 21 Prior to such employment, the compensation of
62 22 such the librarian, assistants, and employees shall be
62 23 fixed for the term of employment by a majority of the
62 24 members of said the board voting in favor thereof.
62 25 4. To remove such, by a two=thirds vote of the
62 26 board, the librarian, and provide procedures for
62 27 the removal of assistants, or employees by a vote of
62 28 two=thirds of such board for misdemeanor, incompetency,
62 29 or inattention to the duties of such employment duty.
62 30 5. To authorize the librarian to select and
62 31 make purchases of books, pamphlets, magazines,
62 32 periodicals, papers, maps, journals, furniture,
62 33 fixtures, stationery technology, and supplies for
62 34 such the library district.
62 35 6. To authorize the use of such libraries by school
62 36 corporations or the public library by nonresidents of
62 37 the area which is taxed to support such libraries the
62 38 public library and to fix charges therefor for library
62 39 services.
62 40 7. To make and adopt, amend, modify, or repeal
62 41 bylaws, rules, and regulations, not inconsistent with
62 42 law, for the care, use, government, and management
62 43 of such the public library and the business of
62 44 said the board, fixing and enforcing penalties for the
62 45 violation thereof violations. The board shall keep a
62 46 record of its proceedings.
62 47 8. To have exclusive control of the
62 48 expenditures all funds allocated for public library
62 49 purposes,as provided by law, and of the expenditures
62 50 of all moneys available by gift or otherwise for the
63 1 erection of public library buildings, and all other
63 2 moneys belonging to the public library, including
63 3 fines and rental fees collected, under the rules
63 4 of the board. The board shall keep a record of its
63 5 proceedings.
63 6 9. To accept gifts of any real property,
63 7 personal property, or mixed property, and devises
63 8 and bequests, including trust funds; to take the
63 9 title to said the property in the name of said the
63 10 public library; to execute deeds and bills of sale for
63 11 the conveyance of said the property; and to expend the
63 12 funds received by them generated from such the gifts,
63 13 for the improvement of said the public library.
63 14 10. To make agreements with local county historical
63 15 associations to set apart the necessary room and to
63 16 care for articles that come into the possession of
63 17 the association. The board may purchase necessary
63 18 receptacles and materials for the preservation and
63 19 protection of articles which are of an historical and
63 20 educational nature.
63 21 Sec. ___. Section 336.10, Code 2009, is amended to
63 22 read as follows:
63 23 336.10 Library fund.
63 24 1. All moneys received and set apart appropriated
63 25 or received for the maintenance of the public library
63 26 shall be deposited in the treasury of the county or
63 27 city, as determined by the board of library trustees,
63 28 and paid out upon warrants drawn by the county or city
63 29 auditor upon requisition of expenditures shall be paid
63 30 by the treasurer of the county or city in which the
63 31 moneys are deposited on warrants ordered by the board
63 32 of trustees, signed by its the board's president and
63 33 secretary.
63 34 Provided that where a free public library is
63 35 maintained jointly by two or more counties or cities
63 36 or any combination of counties and cities, the library
63 37 trustees may elect a library treasurer, and it shall be
63 38 the duty of the city and county treasurers to pay over
63 39 to the library treasurer any and all library taxes that
63 40 may be collected by them monthly.
63 41 2. The library treasurer of the county or city in
63 42 which the public library moneys are deposited pursuant
63 43 to subsection 1 shall be required to furnish a bond
63 44 conditioned as provided by section 64.2 in an amount as
63 45 agreed upon by the participating boards of supervisors
63 46 and city councils and the cost shall be paid by the
63 47 participating counties and cities.
63 48 Sec. ___. Section 336.11, Code 2009, is amended to
63 49 read as follows:
63 50 336.11 Annual report.
64 1 The board of library trustees shall, immediately
64 2 after within ninety days after the close of each
64 3 fiscal year, submit a report to the board of
64 4 supervisors, and the city council, as appropriate, a
64 5 report containing governing bodies of the respective
64 6 jurisdictions comprising the library district. The
64 7 report shall contain a statement of the condition
64 8 of the library, the number of books and other
64 9 resources added thereto, the number of books and
64 10 other resources circulated, the number of books and
64 11 other resources not returned or lost, the amount of
64 12 fines collected, and the amount of money expended in
64 13 the maintenance thereof of the public library during
64 14 such the preceding fiscal year, together with such
64 15 further any other information as it may deem the board
64 16 deems important.
64 17 Sec. ___. Section 336.12, Code 2009, is amended to
64 18 read as follows:
64 19 336.12 Real estate acquired.
64 20 In any county or city in which a free library
64 21 has been established, the The board of library
64 22 trustees may purchase real estate in the name of the
64 23 county or city library district for the location of
64 24 public library buildings and branch libraries, and for
64 25 the purpose of enlarging the grounds.
64 26 Sec. ___. Section 336.13, Code 2009, is amended to
64 27 read as follows:
64 28 336.13 Maintenance expense on proportionate basis.
64 29 1. The maintenance of a public library established
64 30 in accordance with this chapter shall be on the basis
64 31 of each participating unit bearing its share of the
64 32 total cost in proportion to its population as compared
64 33 to the total population of the library district.
64 34 2. The board of library trustees shall make an
64 35 estimate of the amount necessary for the maintenance
64 36 of the library, the sources of direct library revenue,
64 37 and the amount to be contributed from taxes or other
64 38 revenues by the participating city or county and
64 39 hold a hearing on the estimate after notice of the
64 40 hearing is published as provided in section 331.305 or
64 41 section 362.3, as appropriate. On or before January
64 42 10 of each year, the board of library trustees shall
64 43 transmit the estimate in dollars to the board of
64 44 supervisors and to the cities governing bodies of the
64 45 jurisdictions participating in the library district.
64 46 The unincorporated area of each county in the library
64 47 district shall be considered as a separate supporting
64 48 unit. Each board of supervisors participating shall
64 49 review the estimate and appropriate for library
64 50 purposes its share in from the county rural services
65 1 fund budget. Each city council participating shall
65 2 review the estimate for the city and appropriate for
65 3 library purposes its share in from the city general
65 4 fund budget. Each participating city or county
65 5 shall contribute its share from taxation or from
65 6 other sources available for library purposes on an
65 7 equitable basis. With approval of a city council, the
65 8 county treasurer may withhold a reasonable portion
65 9 of the taxes collected for a city to meet the city's
65 10 contribution for library purposes and deliver a receipt
65 11 to the city clerk for the amount withheld.
65 12 This section shall not affect the taxing authority
65 13 provided under section 256.69.
65 14 Sec. ___. Section 336.15, Code 2009, is amended to
65 15 read as follows:
65 16 336.15 Existing contracts assumed.
65 17 Whenever a library district is established in
65 18 accordance with this chapter, its board of trustees
65 19 shall assume all the obligations of the existing
65 20 library service contracts made by cities, townships,
65 21 school corporations, or counties to receive library
65 22 service from free public libraries jurisdictions
65 23 participating in the library district.
65 24 Sec. ___. Section 336.16, Code 2009, is amended to
65 25 read as follows:
65 26 336.16 Withdrawal from district == termination.
65 27 1. A city may withdraw from the library district
65 28 upon a majority vote in favor of withdrawal by the
65 29 electorate of the city in an election held on a
65 30 motion by the city council. The election shall be
65 31 held simultaneously with a general or city election.
65 32 Notice of a favorable vote to withdraw shall be sent by
65 33 certified mail to the board of library trustees of the
65 34 library district and the county auditor or city clerk,
65 35 as appropriate, prior to January 10, and the withdrawal
65 36 shall be effective on July 1.
65 37 2. A county may withdraw from the district after a
65 38 majority of the voters of the unincorporated area of
65 39 the county voting on the issue favor the withdrawal.
65 40 The board of supervisors shall call for the election
65 41 which shall be held at the next general election.
65 42 3. A city or county election shall not be called
65 43 until a hearing has been held on the proposal to submit
65 44 a proposition of withdrawal to an election. A hearing
65 45 may be held only after public notice published as
65 46 provided in section 362.3 in the case of a city or
65 47 section 331.305 in the case of a county. A copy of the
65 48 notice submitted for publication shall be mailed to the
65 49 public library on or before the date of publication.
65 50 The proposal presented at the hearing must include a
66 1 plan for continuing adequate library service with or
66 2 without all participants and the respective allocated
66 3 costs and levels of service shall be stated. At
66 4 the hearing, any interested person shall be given a
66 5 reasonable time to be heard, either for or against the
66 6 withdrawal or the plan to accompany it.
66 7 4. A library district may be terminated if a
66 8 majority of the electors of the unincorporated area
66 9 of the county and the cities included in the library
66 10 district voting on the issue favor the termination.
66 11 The election shall be held upon motion of the board of
66 12 supervisors and simultaneously with a general or other
66 13 county election. If the vote favors termination, the
66 14 termination shall be effective on the succeeding July
66 15 1.
66 16 5. An election for withdrawal from or termination
66 17 of a library district shall not be held more than once
66 18 each four years.
66 19 Sec. ___. Section 336.18, subsection 4, paragraphs
66 20 c and d, Code 2009, are amended to read as follows:
66 21 c. If a majority of those voting upon the question
66 22 favors it, the board of supervisors shall within thirty
66 23 days appoint a board of library trustees from residents
66 24 of the petitioning area. Vacancies shall be filled by
66 25 the board.
66 26 d. The board of trustees may contract with
66 27 any a library for library use or service for the
66 28 benefit of the residents and area represented by it.
66 29 Sec. ___. NEW SECTION. 336.19 Contracts for use
66 30 of public library.
66 31 1. Contracting. The board of library trustees may
66 32 contract with any other board of trustees of a free
66 33 public library or any other city, school corporation,
66 34 institution of higher learning, township, or county, or
66 35 with the trustees of any county library district for
66 36 the use of the library by their respective residents.
66 37 2. Termination. A contract entered into pursuant
66 38 to subsection 1 may be terminated as follows:
66 39 a. By mutual consent of the contracting parties.
66 40 b. By a majority vote of the electors represented
66 41 by either of the contracting parties. Upon a written
66 42 petition of a number of eligible electors equaling five
66 43 percent or more of the number of electors voting at the
66 44 last general election within the jurisdiction of the
66 45 contracting party, a termination proposition shall be
66 46 submitted to the electors by the governing body of the
66 47 contracting party. The petition shall be presented
66 48 to the governing body not less than forty days prior
66 49 to the next general election or special election held
66 50 throughout the jurisdiction of the party seeking to
67 1 terminate the contract. The proposition shall be
67 2 submitted at the next general election or next special
67 3 election held throughout the jurisdiction of the party
67 4 seeking to terminate the contract.
67 5 Sec. ___. REPEAL. Sections 336.6, 336.9, and
67 6 336.17, Code 2009, are repealed.>
67 7 #46. By striking page 199, line 15, through page
67 8 200, line 9.
67 9 #47. By striking page 200, line 26, through page
67 10 211, line 6, and inserting:
67 11 <Sec. ___. NEW SECTION. 685.1 Definitions.
67 12 1. "Claim" means any request or demand, whether
67 13 pursuant to a contract or otherwise, for money or
67 14 property and whether the state has title to the
67 15 money or property, which is presented to an officer,
67 16 employee, agent, or other representative of the
67 17 state or to a contractor, grantee, or other person
67 18 if the money or property is to be spent or used on
67 19 the state's behalf or to advance a state program or
67 20 interest, and if the state provides any portion of
67 21 the money or property which is requested or demanded,
67 22 or if the state will reimburse directly or indirectly
67 23 such contractor, grantee, or other person for any
67 24 portion of the money or property which is requested
67 25 or demanded. "Claim" does not include any requests or
67 26 demands for money or property that the state has paid
67 27 to an individual as compensation for state employment
67 28 or as an income subsidy with no restrictions on that
67 29 individual's use of the money or property.
67 30 2. "Custodian" means the custodian, or any deputy
67 31 custodian, designated by the attorney general under
67 32 section 685.6.
67 33 3. "Documentary material" includes the original
67 34 or any copy of any book, record, report, memorandum,
67 35 paper, communication, tabulation, chart, or other
67 36 document, or data compilations stored in or accessible
67 37 through computer or other information retrieval
67 38 systems, together with instructions and all other
67 39 materials necessary to use or interpret such data
67 40 compilations, and any product of discovery.
67 41 4. "False claims law" means this chapter.
67 42 5. "False claims law investigation" means any
67 43 inquiry conducted by a false claims law investigator
67 44 for the purpose of ascertaining whether any person is
67 45 or has been engaged in any violation of a false claims
67 46 law.
67 47 6. "False claims law investigator" means any
67 48 attorney or investigator employed by the department
67 49 of justice who is charged with the duty of enforcing
67 50 or carrying into effect any false claims law, or
68 1 any officer or employee of the state acting under
68 2 the direction and supervision of such attorney or
68 3 investigator in connection with a false claims law
68 4 investigation.
68 5 7. a. "Knowing" or "knowingly" means that a person
68 6 with respect to information, does any of the following:
68 7 (1) Has actual knowledge of the information.
68 8 (2) Acts in deliberate ignorance of the truth or
68 9 falsity of the information.
68 10 (3) Acts in reckless disregard of the truth or
68 11 falsity of the information.
68 12 b. "Knowing" or "knowingly" does not require proof
68 13 of specific intent to defraud.
68 14 8. "Material" means having a natural tendency to
68 15 influence, or be capable of influencing, the payment or
68 16 receipt of money or property.
68 17 9. "Obligation" means an established duty, whether
68 18 or not fixed, arising from an express or implied
68 19 contractual, grantor=grantee, or licensor=licensee
68 20 relationship, from a fee=based or similar relationship,
68 21 from statute or regulation, or from the retention of
68 22 any overpayment.
68 23 10. "Official use" means any use that is consistent
68 24 with the law, and the regulations and policies of the
68 25 department of justice, including use, in connection
68 26 with internal department of justice memoranda and
68 27 reports; communications between the department of
68 28 justice and a federal, state, or local government
68 29 agency or a contractor of a federal, state, or local
68 30 government agency, undertaken in furtherance of a
68 31 department of justice investigation or prosecution of
68 32 a case; interviews of any qui tam plaintiff or other
68 33 witness; oral examinations; depositions; preparation
68 34 for and response to civil discovery requests;
68 35 introduction into the record of a case or proceeding;
68 36 applications, motions, memoranda and briefs submitted
68 37 to a court or other tribunal; and communications with
68 38 government investigators, auditors, consultants and
68 39 experts, the counsel of other parties, and arbitrators
68 40 and mediators, concerning an investigation, case, or
68 41 proceeding.
68 42 11. "Original source" means an individual who has
68 43 direct and independent knowledge of the information on
68 44 which the allegations are based and has voluntarily
68 45 provided the information to the state before filing
68 46 an action under section 685.3 which is based on the
68 47 information.
68 48 12. "Person" means any natural person, partnership,
68 49 corporation, association, or other legal entity,
68 50 including any state or political subdivision of the
69 1 state.
69 2 13. "Product of discovery" includes all of the
69 3 following:
69 4 a. The original or duplicate of any deposition,
69 5 interrogatory, document, thing, result of the
69 6 inspection of land or other property, examination, or
69 7 admission, which is obtained by any method of discovery
69 8 in any judicial or administrative proceeding of an
69 9 adversarial nature.
69 10 b. Any digest, analysis, selection, compilation, or
69 11 derivation of any item listed in paragraph "a".
69 12 c. Any index or other manner of access to any item
69 13 listed in paragraph "a".
69 14 14. "Qui tam plaintiff" means a private plaintiff
69 15 who brings an action under this chapter on behalf of
69 16 the state.
69 17 Sec. ___. NEW SECTION. 685.2 Acts subjecting
69 18 person to treble damages, costs, and civil penalties ==
69 19 exceptions.
69 20 1. A person who commits any of the following acts
69 21 is liable to the state for a civil penalty of not
69 22 less than five thousand dollars and not more than
69 23 ten thousand dollars, plus three times the amount of
69 24 damages which the state sustains because of the act of
69 25 that person:
69 26 a. Knowingly presents, or causes to be presented, a
69 27 false or fraudulent claim for payment or approval.
69 28 b. Knowingly makes, uses, or causes to be made or
69 29 used, a false record or statement material to a false
69 30 or fraudulent claim.
69 31 c. Conspires to commit a violation of paragraph
69 32 "a", "b", "d", "e", "f", or "g".
69 33 d. Has possession, custody, or control of property
69 34 or money used, or to be used, by the state and
69 35 knowingly delivers, or causes to be delivered, less
69 36 than all of that money or property.
69 37 e. Is authorized to make or deliver a document
69 38 certifying receipt of property used, or to be used, by
69 39 the state and, intending to defraud the state, makes or
69 40 delivers the receipt without completely knowing that
69 41 the information on the receipt is true.
69 42 f. Knowingly buys, or receives as a pledge of an
69 43 obligation or debt, public property from an officer or
69 44 employee of the state, or a member of the Iowa national
69 45 guard, who lawfully may not sell or pledge property.
69 46 g. Knowingly makes, uses, or causes to be made
69 47 or used, a false record or statement material to an
69 48 obligation to pay or transmit money or property to
69 49 the state, or knowingly conceals or knowingly and
69 50 improperly avoids or decreases an obligation to pay or
70 1 transmit money or property to the state.
70 2 2. Notwithstanding subsection 1, the court may
70 3 assess not less than two times the amount of damages
70 4 which the state sustains because of the act of the
70 5 person described in subsection 1, if the court finds
70 6 all of the following:
70 7 a. The person committing the violation furnished
70 8 officials of the state responsible for investigating
70 9 false claims violations with all information known to
70 10 such person about the violation within thirty days
70 11 after the date on which the person first obtained the
70 12 information.
70 13 b. The person fully cooperated with the state
70 14 investigation of such violation.
70 15 c. At the time the person furnished the state
70 16 with the information about the violation, a criminal
70 17 prosecution, civil action, or administrative action
70 18 had not commenced under this chapter with respect to
70 19 such violation, and the person did not have actual
70 20 knowledge of the existence of an investigation into
70 21 such violation.
70 22 3. A person violating this section shall also be
70 23 liable to the state for the costs of a civil action
70 24 brought to recover any such penalty or damages.
70 25 4. Any information furnished pursuant to subsection
70 26 2 is deemed confidential information exempt from
70 27 disclosure pursuant to chapter 22.
70 28 5. This section shall not apply to claims, records,
70 29 or statements made under Tit. X relating to state
70 30 revenue and taxation.
70 31 Sec. ___. NEW SECTION. 685.3 Investigations and
70 32 prosecutions == powers of prosecuting authority == civil
70 33 actions by individuals as qui tam plaintiffs and as
70 34 private citizens == jurisdiction of courts.
70 35 1. The attorney general shall diligently
70 36 investigate a violation under section 685.2. If the
70 37 attorney general finds that a person has violated or is
70 38 violating section 685.2, the attorney general may bring
70 39 a civil action under this section against that person.
70 40 2. a. A person may bring a civil action for a
70 41 violation of this chapter for the person and for
70 42 the state, in the name of the state. The person
70 43 bringing the action shall be referred to as the qui tam
70 44 plaintiff. Once filed, the action may be dismissed
70 45 only if the court and the attorney general provide
70 46 written consent to the dismissal and the reasons for
70 47 such consent.
70 48 b. A copy of the complaint and written disclosure
70 49 of substantially all material evidence and information
70 50 the person possesses shall be served on the attorney
71 1 general pursuant to the Iowa rules of civil procedure.
71 2 The complaint shall also be filed in camera, shall
71 3 remain under seal for at least sixty days, and shall
71 4 not be served on the defendant until the court so
71 5 orders. The state may elect to intervene and proceed
71 6 with the action within sixty days after the state
71 7 receives both the complaint and the material evidence
71 8 and the information.
71 9 c. The state may, for good cause shown, move the
71 10 court for extensions of the time during which the
71 11 complaint remains under seal under paragraph "b".
71 12 Any such motions may be supported by affidavits or
71 13 other submissions in camera. The defendant shall not
71 14 be required to respond to any complaint filed under
71 15 this section until twenty days after the complaint is
71 16 unsealed and served upon the defendant pursuant to rule
71 17 1.302 of the Iowa rules of civil procedure.
71 18 d. Before the expiration of the sixty=day period or
71 19 any extensions obtained under paragraph "c", the state
71 20 shall do one of the following:
71 21 (1) Proceed with the action, in which case the
71 22 action shall be conducted by the state.
71 23 (2) Notify the court that the state declines
71 24 to take over the action, in which case the qui tam
71 25 plaintiff shall have the right to conduct the action.
71 26 e. When a person brings an action under this
71 27 section, no person other than the state may intervene
71 28 or bring a related action based on the facts underlying
71 29 the pending action.
71 30 3. a. If the state proceeds with the action,
71 31 the state shall have the primary responsibility for
71 32 prosecuting the action, and shall not be bound by an
71 33 act of the qui tam plaintiff. Such qui tam plaintiff
71 34 shall have the right to continue as a party to the
71 35 action, subject to the limitations specified in
71 36 paragraph "b".
71 37 b. (1) The state may move to dismiss the action,
71 38 notwithstanding the objections of the qui tam plaintiff
71 39 if the qui tam plaintiff has been notified by the state
71 40 of the filing of the motion and the court has provided
71 41 the qui tam plaintiff with an opportunity for a hearing
71 42 on the motion.
71 43 (2) The state may settle the action with the
71 44 defendant notwithstanding the objections of the qui tam
71 45 plaintiff if the court determines, after a hearing,
71 46 that the proposed settlement is fair, adequate, and
71 47 reasonable under all of the circumstances. Upon a
71 48 showing of good cause, such hearing may be held in
71 49 camera.
71 50 (3) Upon a showing by the state that unrestricted
72 1 participation during the course of the litigation by
72 2 the qui tam plaintiff would interfere with or unduly
72 3 delay the state's prosecution of the case, or would be
72 4 repetitious, irrelevant, or for purposes of harassment,
72 5 the court may, in its discretion, impose limitations on
72 6 the qui tam plaintiff's participation, including but
72 7 not limited to any of the following:
72 8 (a) Limiting the number of witnesses the qui tam
72 9 plaintiff may call.
72 10 (b) Limiting the length of the testimony of such
72 11 witnesses.
72 12 (c) Limiting the qui tam plaintiff's
72 13 cross=examination of witnesses.
72 14 (d) Otherwise limiting the participation by the qui
72 15 tam plaintiff in the litigation.
72 16 (4) Upon a showing by the defendant that
72 17 unrestricted participation during the course of the
72 18 litigation by the qui tam plaintiff would be for
72 19 purposes of harassment or would cause the defendant
72 20 undue burden or unnecessary expense, the court may
72 21 limit the participation by the qui tam plaintiff in the
72 22 litigation.
72 23 c. If the state elects not to proceed with the
72 24 action, the qui tam plaintiff shall have the right to
72 25 conduct the action. If the state so requests, the
72 26 state shall be served with copies of all pleadings
72 27 filed in the action and shall be supplied with copies
72 28 of all deposition transcripts at the state's expense.
72 29 When a qui tam plaintiff proceeds with the action, the
72 30 court, without limiting the status and rights of the
72 31 qui tam plaintiff, may permit the state to intervene at
72 32 a later date upon a showing of good cause.
72 33 d. Whether or not the state proceeds with the
72 34 action, upon a showing by the state that certain
72 35 actions of discovery by the qui tam plaintiff would
72 36 interfere with the state's investigation or prosecution
72 37 of a criminal or civil matter arising out of the
72 38 same facts, the court may stay such discovery for a
72 39 period of not more than sixty days. Such a showing
72 40 shall be conducted in camera. The court may extend
72 41 the sixty=day period upon a further showing in camera
72 42 that the state has pursued the criminal or civil
72 43 investigation or proceedings with reasonable diligence
72 44 and any proposed discovery in the civil action
72 45 will interfere with the ongoing criminal or civil
72 46 investigation or proceedings.
72 47 e. Notwithstanding subsection 2, the state
72 48 may elect to pursue the state's claim through any
72 49 alternate remedy available to the state, including any
72 50 administrative proceeding to determine a civil penalty.
73 1 If any such alternate remedy is pursued in another
73 2 proceeding, the qui tam plaintiff shall have the same
73 3 rights in such proceeding as such qui tam plaintiff
73 4 would have had if the action had continued under this
73 5 section. Any finding of fact or conclusion of law
73 6 made in such other proceeding that has become final,
73 7 shall be conclusive as to all such parties to an action
73 8 under this section. For purposes of this paragraph, a
73 9 finding or conclusion is final if it has been finally
73 10 determined on appeal to the appropriate court of the
73 11 state, if all time for filing such an appeal with
73 12 respect to the finding or conclusion has expired, or if
73 13 the finding or conclusion is not subject to judicial
73 14 review.
73 15 4. a. (1) If the state proceeds with an action
73 16 brought by a qui tam plaintiff under subsection 2, the
73 17 qui tam plaintiff shall, subject to subparagraph (2),
73 18 receive at least fifteen percent but not more than
73 19 twenty=five percent of the proceeds of the action or
73 20 settlement of the claim, depending upon the extent to
73 21 which the qui tam plaintiff substantially contributed
73 22 to the prosecution of the action.
73 23 (2) If the action is one which the court finds
73 24 to be based primarily on disclosures of specific
73 25 information, other than information provided by the qui
73 26 tam plaintiff, relating to allegations or transactions
73 27 in a criminal, civil, or administrative hearing, or
73 28 in a legislative, administrative or state auditor
73 29 report, hearing, audit, or investigation, or from
73 30 the news media, the court may award an amount the
73 31 court considers appropriate, but in no case more than
73 32 ten percent of the proceeds, taking into account the
73 33 significance of the information and the role of the qui
73 34 tam plaintiff in advancing the case to litigation.
73 35 (3) Any payment to a qui tam plaintiff under
73 36 subparagraph (1) or (2) shall be made from the
73 37 proceeds. Any such qui tam plaintiff shall also
73 38 receive an amount for reasonable expenses which the
73 39 appropriate court finds to have been necessarily
73 40 incurred, plus reasonable attorney fees and costs. All
73 41 such expenses, fees, and costs shall be awarded against
73 42 the defendant.
73 43 b. If the state does not proceed with an action
73 44 under this section, the qui tam plaintiff or person
73 45 settling the claim shall receive an amount which the
73 46 court decides is reasonable for collecting the civil
73 47 penalty and damages. The amount shall be not less than
73 48 twenty=five percent and not more than thirty percent
73 49 of the proceeds of the action or settlement and shall
73 50 be paid out of such proceeds. Such qui tam plaintiff
74 1 or person shall also receive an amount for reasonable
74 2 expenses which the court finds to have been necessarily
74 3 incurred, plus reasonable attorney fees and costs. All
74 4 such expenses, fees, and costs shall be awarded against
74 5 the defendant.
74 6 c. Whether or not the state proceeds with the
74 7 action, if the court finds that the action was brought
74 8 by a qui tam plaintiff who planned and initiated
74 9 the violation of section 685.2 upon which the action
74 10 was brought, the court may, to the extent the court
74 11 considers appropriate, reduce the share of the proceeds
74 12 of the action which the qui tam plaintiff would
74 13 otherwise receive under paragraph "a" or "b", taking
74 14 into account the role of that qui tam plaintiff in
74 15 advancing the case to litigation and any relevant
74 16 circumstances pertaining to the violation. If the qui
74 17 tam plaintiff is convicted of criminal conduct arising
74 18 from the qui tam plaintiff's role in the violation of
74 19 section 685.2, the qui tam plaintiff shall be dismissed
74 20 from the civil action and shall not receive any share
74 21 of the proceeds of the action. Such dismissal shall
74 22 not prejudice the right of the state to continue the
74 23 action represented by the attorney general.
74 24 d. If the state does not proceed with the action
74 25 and the qui tam plaintiff conducts the action, the
74 26 court may award to the defendant reasonable attorney
74 27 fees and expenses if the defendant prevails in the
74 28 action and the court finds that the claim of the qui
74 29 tam plaintiff was clearly frivolous, clearly vexatious,
74 30 or brought primarily for purposes of harassment.
74 31 5. a. A court shall not have jurisdiction over an
74 32 action brought by a former or present member of the
74 33 Iowa national guard under this chapter against a member
74 34 of the Iowa national guard arising out of such person's
74 35 services in the Iowa national guard.
74 36 b. A qui tam plaintiff shall not bring an action
74 37 under subsection 2 which is based upon allegations or
74 38 transactions which are the subject of a civil suit or
74 39 an administrative civil penalty proceeding in which the
74 40 state is already a party.
74 41 c. A court shall not have jurisdiction over an
74 42 action under this section based upon the public
74 43 disclosure of allegations or transactions in a
74 44 criminal, civil, or administrative hearing, or in a
74 45 legislative, administrative, or state auditor report,
74 46 hearing, audit, or investigation, or from the news
74 47 media, unless the action is brought by the attorney
74 48 general or the qui tam plaintiff is an original source
74 49 of the information.
74 50 d. The state is not liable for expenses which a
75 1 person incurs in bringing an action under this section.
75 2 6. Any employee, contractor, or agent who is
75 3 discharged, demoted, suspended, threatened, harassed,
75 4 or in any other manner discriminated against in
75 5 the terms and conditions of employment because of
75 6 lawful acts performed by the employee, contractor,
75 7 or agent on behalf of the employee, contractor, or
75 8 agent or associated others in furtherance of other
75 9 efforts to stop a violation of this chapter, shall
75 10 be entitled to all relief necessary to make the
75 11 employee, contractor, or agent whole. Such relief
75 12 shall include reinstatement with the same seniority
75 13 status such employee, contractor, or agent would have
75 14 had but for the discrimination, two times the amount of
75 15 back pay, interest on the back pay, and compensation
75 16 for any special damages sustained as a result of
75 17 the discrimination, including litigation costs and
75 18 reasonable attorney fees. An employee, contractor, or
75 19 agent may bring an action in the appropriate district
75 20 court of the state for the relief provided in this
75 21 subsection.
75 22 Sec. ___. NEW SECTION. 685.4 Procedure == statute
75 23 of limitations.
75 24 1. A subpoena requiring the attendance of a witness
75 25 at a trial or hearing conducted under this chapter may
75 26 be served at any place in the state, or through any
75 27 means authorized in the Iowa rules of civil procedure.
75 28 2. A civil action under this chapter may not be
75 29 brought more than six years after the date on which
75 30 the violation of section 685.2 is committed, or more
75 31 than three years after the date when facts material
75 32 to the right of action are known or reasonably should
75 33 have been known by the official of state charged with
75 34 responsibility to act in the circumstances, but in no
75 35 event more than ten years after the date on which the
75 36 violation is committed, whichever occurs last.
75 37 3. If the state elects to intervene and proceed
75 38 with an action brought under this chapter, the state
75 39 may file its own complaint or amend the complaint of
75 40 a qui tam plaintiff to clarify or add detail to the
75 41 claims in which the state is intervening and to add
75 42 any additional claims with respect to which the state
75 43 contends it is entitled to relief. For statute of
75 44 limitations purposes, any such state pleading shall
75 45 relate back to the filing date of the complaint of the
75 46 qui tam plaintiff who originally brought the action, to
75 47 the extent that the claim of the state arises out of
75 48 the conduct, transactions, or occurrences set forth,
75 49 or attempted to be set forth, in the prior complaint
75 50 of that person.
76 1 4. In any action brought under section 685.3, the
76 2 state shall prove all essential elements of the cause
76 3 of action, including damages, by a preponderance of the
76 4 evidence.
76 5 5. Notwithstanding any other provision of law, the
76 6 Iowa rules of criminal procedure, or the Iowa rules of
76 7 evidence, a final judgment rendered in favor of the
76 8 state in any criminal proceeding charging fraud or
76 9 false statements, whether upon a verdict after trial
76 10 or upon a plea of guilty or nolo contendere, shall
76 11 estop the defendant from denying the essential elements
76 12 of the offense in any action which involves the same
76 13 transaction as in the criminal proceeding and which is
76 14 brought under section 685.3.
76 15 Sec. ___. NEW SECTION. 685.5 Jurisdiction.
76 16 1. Any action under section 685.3 may be brought
76 17 in any county in which the defendant or, in the case
76 18 of multiple defendants, any one defendant can be
76 19 found, resides, transacts business, or in which any
76 20 act proscribed by section 685.2 occurred. An original
76 21 notice as required by the Iowa rules of civil procedure
76 22 shall be issued by the appropriate district court and
76 23 served in accordance with the Iowa rules of civil
76 24 procedure.
76 25 2. A seal on the action ordered by the court under
76 26 section 685.3 shall not preclude the state, local
76 27 government, or the qui tam plaintiff from serving
76 28 the complaint, any other pleadings, or the written
76 29 disclosure of substantially all material evidence and
76 30 information possessed by the qui tam plaintiff on the
76 31 law enforcement authorities that are authorized under
76 32 the law of the state or local government to investigate
76 33 and prosecute such actions on behalf of such
76 34 governments, except that such seal applies to the law
76 35 enforcement authorities so served to the same extent as
76 36 the seal applies to other parties in the action.
76 37 Sec. ___. NEW SECTION. 685.6 Civil investigative
76 38 demands.
76 39 1. Issuance and service.
76 40 a. If the attorney general, or a designee, for the
76 41 purposes of this section, has reason to believe that
76 42 any person may be in possession, custody, or control
76 43 of any documentary material or information relevant
76 44 to a false claims law investigation, the attorney
76 45 general, or a designee, may, before commencing a civil
76 46 proceeding under section 685.3, subsection 1, or other
76 47 false claims law, or making an election under section
76 48 685.3, subsection 2, issue in writing and cause to be
76 49 served upon such person, a civil investigative demand
76 50 requiring any of the following of such person:
77 1 (1) To produce such documentary material for
77 2 inspection and copying.
77 3 (2) To answer in writing, written interrogatories
77 4 with respect to such documentary material or
77 5 information.
77 6 (3) To give oral testimony concerning such
77 7 documentary material or information.
77 8 (4) To furnish any combination of such material,
77 9 answers, or testimony.
77 10 b. The attorney general may delegate the authority
77 11 to issue civil investigative demands under this
77 12 subsection. If a civil investigative demand is an
77 13 express demand for any product of discovery, the
77 14 attorney general, a deputy attorney general, or an
77 15 assistant attorney general shall cause to be served,
77 16 in any manner authorized by this section, a copy of
77 17 such demand upon the person from whom the discovery
77 18 was obtained and shall notify the person to whom such
77 19 demand is issued of the date on which such copy was
77 20 served. Any information obtained by the attorney
77 21 general or a designee of the attorney general under
77 22 this section may be shared with any qui tam plaintiff
77 23 if the attorney general or designee determines
77 24 it is necessary as part of any false claims law
77 25 investigation.
77 26 2. Contents and deadlines.
77 27 a. Each civil investigative demand issued under
77 28 subsection 1 shall state the nature of the conduct
77 29 constituting the alleged violation of a false claims
77 30 law which is under investigation, and the applicable
77 31 provision of law alleged to be violated.
77 32 b. If such demand is for the production of
77 33 documentary material, the demand shall provide all of
77 34 the following:
77 35 (1) Describe each class of documentary material to
77 36 be produced with such definiteness and certainty as to
77 37 permit such material to be fairly identified.
77 38 (2) Prescribe a return date for each such class
77 39 which will provide a reasonable period of time within
77 40 which the material so demanded may be assembled and
77 41 made available for inspection and copying.
77 42 (3) Identify the false claims law investigator to
77 43 whom such material shall be made available.
77 44 c. If such demand is for answers to written
77 45 interrogatories, the demand shall provide for all of
77 46 the following:
77 47 (1) Set forth with specificity the written
77 48 interrogatories to be answered.
77 49 (2) Prescribe dates at which time answers to
77 50 written interrogatories shall be submitted.
78 1 (3) Identify the false claims law investigator to
78 2 whom such answers shall be submitted.
78 3 d. If such demand is for the giving of oral
78 4 testimony, the demand shall provide for all of the
78 5 following:
78 6 (1) Prescribe a date, time, and place at which oral
78 7 testimony shall be commenced.
78 8 (2) Identify a false claims law investigator who
78 9 shall conduct the examination and the custodian to whom
78 10 the transcript of such examination shall be submitted.
78 11 (3) Specify that such attendance and testimony are
78 12 necessary to the conduct of the investigation.
78 13 (4) Notify the person receiving the demand of the
78 14 right to be accompanied by an attorney and any other
78 15 representative.
78 16 (5) Describe the general purpose for which the
78 17 demand is being issued and the general nature of the
78 18 testimony, including the primary areas of inquiry,
78 19 which will be taken pursuant to the demand.
78 20 e. Any civil investigative demand issued under this
78 21 section which is an express demand for any product of
78 22 discovery shall not be returned or returnable until
78 23 twenty days after a copy of such demand has been served
78 24 upon the person from whom the discovery was obtained.
78 25 f. The date prescribed for the commencement of oral
78 26 testimony pursuant to a civil investigative demand
78 27 issued under this section shall be a date which is not
78 28 less than seven days after the date on which demand is
78 29 received, unless the attorney general or an assistant
78 30 attorney general designated by the attorney general
78 31 determines that exceptional circumstances are present
78 32 which warrant the commencement of such testimony within
78 33 a lesser period of time.
78 34 g. The attorney general shall not authorize the
78 35 issuance under this section of more than one civil
78 36 investigative demand for oral testimony by the same
78 37 person, unless the person requests otherwise or unless
78 38 the attorney general, after investigation, notifies
78 39 that person in writing that an additional demand for
78 40 oral testimony is necessary.
78 41 3. Protected material or information.
78 42 a. A civil investigative demand issued under
78 43 subsection 1 shall not require the production of any
78 44 documentary material, the submission of any answers
78 45 to written interrogatories, or the giving of any oral
78 46 testimony if such material, answers, or testimony
78 47 would be protected from disclosure under any of the
78 48 following:
78 49 (1) The standards applicable to subpoenas or
78 50 subpoenas duces tecum issued by a court of the state to
79 1 aid in a grand jury investigation.
79 2 (2) The standards applicable to discovery requests
79 3 under the Iowa rules of civil procedure, to the
79 4 extent that the application of such standards to any
79 5 such demand is appropriate and consistent with the
79 6 provisions and purposes of this section.
79 7 b. Any such demand which is an express demand for
79 8 any product of discovery, supersedes any inconsistent
79 9 order, rule, or provision of law, other than this
79 10 section, preventing or restraining disclosure of such
79 11 product of discovery to any person. Disclosure of
79 12 any product of discovery pursuant to any such express
79 13 demand does not constitute a waiver of any right or
79 14 privilege which the person making such disclosure may
79 15 be entitled to invoke to resist discovery of trial
79 16 preparation materials.
79 17 4. Service.
79 18 a. Any civil investigative demand issued under
79 19 subsection 1 may be served by a false claims law
79 20 investigator, or by any official authorized to issue
79 21 civil investigative demands.
79 22 b. Service of any civil investigative demand
79 23 issued under subsection 1 or of any petition filed
79 24 under subsection 9 may be made upon a partnership,
79 25 corporation, association, or other legal entity by any
79 26 of the following methods:
79 27 (1) Delivering an executed copy of such demand
79 28 or petition to any partner, executive officer,
79 29 managing agent, or general agent of the partnership,
79 30 corporation, association, or entity, or to any agent
79 31 authorized by appointment or by law to receive service
79 32 of process on behalf of such partnership, corporation,
79 33 association, or entity.
79 34 (2) Delivering an executed copy of such demand or
79 35 petition to the principal office or place of business
79 36 of the partnership, corporation, association, or
79 37 entity.
79 38 (3) Depositing an executed copy of such demand
79 39 or petition in the United States mails by registered
79 40 or certified mail, with a return receipt requested,
79 41 addressed to such partnership, corporation,
79 42 association, or entity at its principal office or place
79 43 of business.
79 44 c. Service of any such demand or petition may be
79 45 made upon any natural person by any of the following
79 46 methods:
79 47 (1) Delivering an executed copy of such demand or
79 48 petition to the person.
79 49 (2) Depositing an executed copy of such demand
79 50 or petition in the United States mails by registered
80 1 or certified mail, with a return receipt requested,
80 2 addressed to the person at the person's residence or
80 3 principal office or place of business.
80 4 d. A verified return by the individual serving any
80 5 civil investigative demand issued under subsection 1 or
80 6 any petition filed under subsection 9 setting forth the
80 7 manner of such service shall be proof of such service.
80 8 In the case of service by registered or certified mail,
80 9 such return shall be accompanied by the return post
80 10 office receipt of delivery of such demand.
80 11 5. Documentary material.
80 12 a. The production of documentary material in
80 13 response to a civil investigative demand served under
80 14 this section shall be made under a sworn certificate,
80 15 in such form as the demand designates, by the following
80 16 persons, as applicable:
80 17 (1) In the case of a natural person, the person to
80 18 whom the demand is directed.
80 19 (2) In the case of a person other than a natural
80 20 person, a person having knowledge of the facts
80 21 and circumstances relating to such production and
80 22 authorized to act on behalf of such person.
80 23 b. The certificate shall state that all of the
80 24 documentary material required by the demand and in
80 25 the possession, custody, or control of the person to
80 26 whom the demand is directed has been produced and
80 27 made available to the false claims law investigator
80 28 identified in the demand.
80 29 c. Any person upon whom any civil investigative
80 30 demand for the production of documentary material has
80 31 been served under this section shall make such material
80 32 available for inspection and copying to the false
80 33 claims law investigator identified in such demand at
80 34 the principal place of business of such person, or at
80 35 such other place as the false claims law investigator
80 36 and the person agree and prescribe in writing, or as
80 37 the court may direct under subsection 9. Such material
80 38 shall be made available on the return date specified in
80 39 such demand, or on such later date as the false claims
80 40 law investigator may prescribe in writing. Such person
80 41 may, upon written agreement between the person and the
80 42 false claims law investigator, substitute copies for
80 43 originals of all or any part of such material.
80 44 6. Interrogatories.
80 45 a. Each interrogatory in a civil investigative
80 46 demand served under this section shall be answered
80 47 separately and fully in writing under oath and shall
80 48 be submitted under a sworn certificate, in such form
80 49 as the demand designates, by the following persons, as
80 50 applicable:
81 1 (1) In the case of a natural person, the person to
81 2 whom the demand is directed.
81 3 (2) In the case of a person other than a natural
81 4 person, the person or persons responsible for answering
81 5 each interrogatory.
81 6 b. If any interrogatory is objected to, the reasons
81 7 for the objection shall be stated in the certificate
81 8 instead of an answer. The certificate shall state
81 9 that all information required by the demand and in
81 10 the possession, custody, control, or knowledge of
81 11 the person to whom the demand is directed has been
81 12 submitted. To the extent that any information is not
81 13 furnished, the information shall be identified and
81 14 reasons set forth with particularity regarding the
81 15 reasons why the information was not furnished.
81 16 7. Oral examinations.
81 17 a. The examination of any person pursuant to a
81 18 civil investigative demand for oral testimony served
81 19 under this section shall be taken before an officer
81 20 authorized to administer oaths and affirmations by
81 21 the laws of this state or of the place where the
81 22 examination is held. The officer before whom the
81 23 testimony is to be taken shall put the witness on oath
81 24 or affirmation and shall, personally or by someone
81 25 acting under the direction of the officer and in
81 26 the officer's presence, record the testimony of the
81 27 witness. The testimony shall be taken stenographically
81 28 and shall be transcribed. When the testimony is fully
81 29 transcribed, the officer before whom the testimony is
81 30 taken shall promptly transmit a copy of the transcript
81 31 of the testimony to the custodian. This subsection
81 32 shall not preclude the taking of testimony by any means
81 33 authorized by, and in a manner consistent with, the
81 34 Iowa rules of civil procedure.
81 35 b. The false claims law investigator conducting
81 36 the examination shall exclude from the place where
81 37 the examination is held all persons except the person
81 38 giving the testimony, the attorney for and any other
81 39 representative of the person giving the testimony, the
81 40 attorney for the state, any person who may be agreed
81 41 upon by the attorney for the state and the person
81 42 giving the testimony, the officer before whom the
81 43 testimony is to be taken, and any stenographer taking
81 44 such testimony.
81 45 c. The oral testimony of any person taken pursuant
81 46 to a civil investigative demand served under this
81 47 section shall be taken in any state in which such
81 48 person resides, is found, or transacts business, or in
81 49 such other place as may be agreed upon by the false
81 50 claims law investigator conducting the examination and
82 1 such person.
82 2 d. When the testimony is fully transcribed, the
82 3 false claims law investigator or the officer before
82 4 whom the testimony is taken shall afford the witness,
82 5 who may be accompanied by counsel, a reasonable
82 6 opportunity to examine and read the transcript, unless
82 7 such examination and reading are waived by the witness.
82 8 Any changes in form or substance which the witness
82 9 desires to make shall be entered and identified upon
82 10 the transcript by the officer or the false claims law
82 11 investigator, with a statement of the reasons given by
82 12 the witness for making such changes. The transcript
82 13 shall then be signed by the witness, unless the witness
82 14 in writing waives the signing, is ill, cannot be found,
82 15 or refuses to sign. If the transcript is not signed by
82 16 the witness within thirty days after being afforded a
82 17 reasonable opportunity to examine the transcript, the
82 18 officer or the false claims law investigator shall sign
82 19 the transcript and state on the record the fact of the
82 20 waiver, illness, absence of the witness, or the refusal
82 21 to sign, together with the reasons, if any, for the
82 22 waiver, illness, absence, or refusal.
82 23 e. The officer before whom the testimony is taken
82 24 shall certify on the transcript that the witness was
82 25 sworn by the officer and that the transcript is a true
82 26 record of the testimony given by the witness, and the
82 27 officer or false claims law investigator shall promptly
82 28 deliver the transcript, or send the transcript by
82 29 registered or certified mail, to the custodian.
82 30 f. Upon payment of reasonable charges for a copy,
82 31 the false claims law investigator shall furnish a copy
82 32 of the transcript to the witness only, except that the
82 33 attorney general, the deputy attorney general, or an
82 34 assistant attorney general may, for good cause, limit
82 35 such witness to inspection of the official transcript
82 36 of the witness' testimony.
82 37 g. (1) Any person compelled to appear for oral
82 38 testimony under a civil investigative demand issued
82 39 under subsection 1 may be accompanied, represented, and
82 40 advised by counsel. Counsel may advise such person,
82 41 in confidence, with respect to any question asked of
82 42 such person. Such person or counsel may object on
82 43 the record to any question, in whole or in part, and
82 44 shall briefly state for the record the reason for the
82 45 objection. An objection may be made, received, and
82 46 entered upon the record when it is claimed that such
82 47 person is entitled to refuse to answer the question
82 48 on the grounds of any constitutional or other legal
82 49 right or privilege, including the privilege against
82 50 self=incrimination. Such person may not otherwise
83 1 object to or refuse to answer any question, and may not
83 2 directly or through counsel otherwise interrupt the
83 3 oral examination. If such person refuses to answer any
83 4 question, a petition may be filed in the district court
83 5 of the state under subsection 9 for an order compelling
83 6 such person to answer such question.
83 7 (2) If such person refuses to answer any
83 8 question on the grounds of the privilege against
83 9 self=incrimination, the testimony of such person may be
83 10 compelled in accordance with applicable law.
83 11 h. Any person appearing for oral testimony under a
83 12 civil investigative demand issued under subsection 1
83 13 shall be entitled to the same fees and allowances which
83 14 are paid to witnesses in the district courts of the
83 15 state.
83 16 8. Custodians of documents, answers, and
83 17 transcripts.
83 18 a. The attorney general shall designate a false
83 19 claims law investigator to serve as custodian of
83 20 documentary material, answers to interrogatories, and
83 21 transcripts of oral testimony received under this
83 22 section, and shall designate such additional false
83 23 claims law investigators as the attorney general
83 24 determines from time to time to be necessary to serve
83 25 as deputies to the custodian.
83 26 b. (1) A false claims law investigator who
83 27 receives any documentary material, answers to
83 28 interrogatories, or transcripts of oral testimony under
83 29 this section shall transmit them to the custodian.
83 30 The custodian shall take physical possession of
83 31 such material, answers, or transcripts and shall
83 32 be responsible for their use and for the return of
83 33 documentary material under paragraph "d".
83 34 (2) The custodian may cause the preparation of
83 35 such copies of such documentary material, answers to
83 36 interrogatories, or transcripts of oral testimony as
83 37 may be required for official use by any false claims
83 38 law investigator, or other officer or employee of the
83 39 department of justice. Such material, answers, and
83 40 transcripts may be used by any such authorized false
83 41 claims law investigator or other officer or employee
83 42 in connection with the taking of oral testimony under
83 43 this section.
83 44 (3) Except as otherwise provided in this
83 45 subsection, documentary material, answers to
83 46 interrogatories, or transcripts of oral testimony,
83 47 or copies of documentary materials, answers or
83 48 transcripts, while in the possession of the custodian,
83 49 shall not be available for examination by any
83 50 individual other than a false claims law investigator
84 1 or other officer or employee of the department
84 2 of justice authorized under subparagraph 2. This
84 3 prohibition on the availability of material, answers,
84 4 or transcripts shall not apply if consent is given
84 5 by the person who produced such material, answers,
84 6 or transcripts, or, in the case of any product of
84 7 discovery produced pursuant to an express demand
84 8 for such material, consent is given by the person
84 9 from whom the discovery was obtained. Nothing in
84 10 this subparagraph is intended to prevent disclosure
84 11 to the general assembly, including any committee
84 12 or subcommittee of the general assembly, or to any
84 13 other agency of the state for use by such agency in
84 14 furtherance of its statutory responsibilities.
84 15 (4) While in the possession of the custodian and
84 16 under such reasonable terms and conditions as the
84 17 attorney general shall prescribe all of the following
84 18 shall apply, as applicable:
84 19 (a) Documentary material and answers to
84 20 interrogatories shall be available for examination by
84 21 the person who produced such material or answers, or
84 22 by a representative of that person authorized by that
84 23 person to examine such material and answers.
84 24 (b) Transcripts of oral testimony shall be
84 25 available for examination by the person who produced
84 26 such testimony, or by a representative of that person
84 27 authorized by that person to examine such transcripts.
84 28 c. If an attorney of the department of justice
84 29 has been designated to appear before any court, grand
84 30 jury, state agency, or federal agency in any case or
84 31 proceeding, the custodian of any documentary material,
84 32 answers to interrogatories, or transcripts of oral
84 33 testimony received under this section may deliver to
84 34 such attorney such material, answers, or transcripts
84 35 for official use in connection with any such case or
84 36 proceeding as such attorney determines to be required.
84 37 Upon the completion of any such case or proceeding,
84 38 such attorney shall return to the custodian any such
84 39 material, answers, or transcripts delivered which have
84 40 not passed into the control of such court, grand jury,
84 41 or agency through introduction into the record of such
84 42 case or proceeding.
84 43 d. If any documentary material has been produced
84 44 by any person in the course of any false claims
84 45 law investigation pursuant to a civil investigative
84 46 demand under this section, and any case or proceeding
84 47 before the court or grand jury arising out of such
84 48 investigation, or any proceeding before any state
84 49 agency or federal agency involving such material,
84 50 has been completed, or a case or proceeding in which
85 1 such material may be used has not been commenced
85 2 within a reasonable time after completion of the
85 3 examination and analysis of all documentary material
85 4 and other information assembled in the course of such
85 5 investigation, the custodian shall, upon written
85 6 request of the person who produced such material,
85 7 return to such person any such material, other than
85 8 copies furnished to the false claims law investigator
85 9 under subsection 5 or made for the department of
85 10 justice under paragraph "b" which has not passed
85 11 into the control of any court, grand jury, or agency
85 12 through introduction into the record of such case or
85 13 proceeding.
85 14 e. (1) In the event of the death, disability, or
85 15 separation from service in the department of justice
85 16 of the custodian of any documentary material, answers
85 17 to interrogatories, or transcripts of oral testimony
85 18 produced pursuant to a civil investigative demand under
85 19 this section, or in the event of the official relief
85 20 of such custodian from responsibility for the custody
85 21 and control of such material, answers, or transcripts,
85 22 the attorney general shall promptly do all of the
85 23 following:
85 24 (a) Designate another false claims law investigator
85 25 to serve as custodian of such material, answers, or
85 26 transcripts.
85 27 (b) Transmit in writing to the person who produced
85 28 such material, answers, or testimony notice of the
85 29 identity and address of the successor designated.
85 30 (2) Any person who is designated to be a successor
85 31 under this paragraph "e" shall have, with regard to
85 32 such material, answers, or transcripts, the same duties
85 33 and responsibilities as were imposed by this section
85 34 upon that person's predecessor in office, except that
85 35 the successor shall not be held responsible for any
85 36 default or dereliction which occurred before that
85 37 designation.
85 38 9. Judicial proceedings.
85 39 a. If a person fails to comply with any civil
85 40 investigative demand issued under subsection 1, or if
85 41 satisfactory copying or reproduction of any material
85 42 requested in such demand cannot be completed and such
85 43 person refuses to surrender such material, the attorney
85 44 general may file, in the district court of the state
85 45 for any county in which such person resides, is found,
85 46 or transacts business, and serve upon such person, a
85 47 petition for an order of such court for the enforcement
85 48 of the civil investigative demand.
85 49 b. (1) A person who has received a civil
85 50 investigative demand issued under subsection 1 may
86 1 file, in the district court of the state for the
86 2 county within which such person resides, is found, or
86 3 transacts business, and serve upon the false claims
86 4 law investigator identified in such demand, a petition
86 5 for an order of the court to modify or set aside such
86 6 demand. In the case of a petition addressed to an
86 7 express demand for any product of discovery, a petition
86 8 to modify or set aside such demand may be brought only
86 9 in the district court of the state for the county
86 10 in which the proceeding in which such discovery was
86 11 obtained is or was last pending. Any petition under
86 12 this paragraph shall be filed in accordance with the
86 13 following, as applicable:
86 14 (a) Within twenty days after the date of service of
86 15 the civil investigative demand, or at any time before
86 16 the return date specified in the demand, whichever date
86 17 is earlier.
86 18 (b) Within such longer period as may be prescribed
86 19 in writing by any false claims law investigator
86 20 identified in the demand.
86 21 (2) The petition shall specify each ground upon
86 22 which the petitioner relies in seeking relief under
86 23 subparagraph (1), and may be based upon any failure
86 24 of the demand to comply with the provisions of this
86 25 section or upon any constitutional or other legal right
86 26 or privilege of such person. During the pendency of
86 27 the petition in the court, the court may stay, as it
86 28 deems proper, the running of the time allowed for
86 29 compliance with the demand, in whole or in part, except
86 30 that the person filing the petition shall comply with
86 31 any portions of the demand not sought to be modified
86 32 or set aside.
86 33 c. (1) In the case of any civil investigative
86 34 demand issued under subsection 1 which is an express
86 35 demand for any product of discovery, the person from
86 36 whom such discovery was obtained may file, in the
86 37 district court of the state for the county in which
86 38 the proceeding in which such discovery was obtained is
86 39 or was last pending, and serve upon any false claims
86 40 law investigator identified in the demand and upon the
86 41 recipient of the demand, a petition for an order of
86 42 such court to modify or set aside those portions of
86 43 the demand requiring production of any such product
86 44 of discovery. Any petition under this subparagraph
86 45 shall be filed in accordance with the following, as
86 46 applicable:
86 47 (a) Within twenty days after the date of service of
86 48 the civil investigative demand, or at any time before
86 49 the return date specified in the demand, whichever date
86 50 is earlier.
87 1 (b) Within such longer period as may be prescribed
87 2 in writing by any false claims law investigator
87 3 identified in the demand.
87 4 (2) The petition shall specify each ground upon
87 5 which the petitioner relies in seeking relief under
87 6 subparagraph (1), and may be based upon any failure of
87 7 the portions of the demand from which relief is sought
87 8 to comply with the provisions of this section, or upon
87 9 any constitutional or other legal right or privilege of
87 10 the petitioner. During the pendency of the petition,
87 11 the court may stay, as it deems proper, compliance with
87 12 the demand and the running of the time allowed for
87 13 compliance with the demand.
87 14 d. At any time during which any custodian is in
87 15 custody or control of any documentary material or
87 16 answers to interrogatories produced, or transcripts of
87 17 oral testimony given, by any person in compliance with
87 18 any civil investigative demand issued under subsection
87 19 1, such person, and in the case of an express demand
87 20 for any product of discovery, the person from whom such
87 21 discovery was obtained, may file, in the district court
87 22 of state for the judicial district within which the
87 23 office of such custodian is located, and serve upon
87 24 such custodian, a petition for an order of such court
87 25 to require the performance by the custodian of any duty
87 26 imposed upon the custodian by this section.
87 27 e. If a petition is filed in any district court
87 28 of the state under this subsection, such court shall
87 29 have jurisdiction to hear and determine the matter so
87 30 presented, and to enter such order or orders as may be
87 31 required to carry out the provisions of this section.
87 32 Any final order so entered shall be subject to appeal
87 33 in accordance with the Iowa rules of civil procedure.
87 34 Any disobedience of any final order entered under this
87 35 section by any court shall be punished as a contempt
87 36 of the court.
87 37 f. The Iowa rules of civil procedure shall apply to
87 38 any petition under this subsection, to the extent that
87 39 such rules are not inconsistent with the provisions of
87 40 this section.
87 41 10. Disclosure exemption. Any documentary material,
87 42 answers to written interrogatories, or oral testimony
87 43 provided under any civil investigative demand issued
87 44 under subsection 1 shall be deemed confidential and
87 45 exempt from disclosure under chapter 22.
87 46 Sec. ___. NEW SECTION. 685.7 Rulemaking authority.
87 47 The attorney general may adopt such rules and
87 48 regulations as are necessary to effectuate the purposes
87 49 of this chapter.
87 50 Sec. ___. ANNUAL REPORTING REQUIREMENT. On the
88 1 thirtieth day after the effective date of this division
88 2 of this Act, and on the anniversary of the effective
88 3 date of this division of this Act each year thereafter,
88 4 the attorney general shall submit to the chairpersons
88 5 and ranking members of the house and senate committees
88 6 on judiciary, the legislative caucus staffs, and the
88 7 legislative services agency, in electronic format, a
88 8 report containing all of the following information:
88 9 1. The number of cases the attorney general filed
88 10 during the previous calendar year under this chapter.
88 11 2. The number of cases qui tam plaintiffs filed
88 12 under this chapter during the previous calendar year,
88 13 including those cases that remain under seal, and
88 14 specifying all of the following for the cases:
88 15 a. The state or federal court in which each case
88 16 was filed and the total number filed in each court.
88 17 b. The state program or agency involved in each
88 18 case.
88 19 c. The number of cases filed by qui tam plaintiffs
88 20 who previously filed an action based on the same or
88 21 similar transaction or allegation under the federal
88 22 False Claims Act or the false claims act of another
88 23 state.
88 24 3. The amount recovered by the state in the form of
88 25 settlement, damages, penalties, and litigation costs,
88 26 if known, and specifying the following for each case:
88 27 a. The case number and parties for each case in
88 28 which there was a recovery.
88 29 b. The amount of funds recovered respectively for
88 30 damages, penalties, and litigation costs.
88 31 c. The percentage of the recovery and the amount
88 32 that the state paid to any qui tam plaintiff.
88 33 Sec. ___. DEPARTMENT OF JUSTICE == FALSE CLAIMS ACT
88 34 ENFORCEMENT. There is appropriated from the general
88 35 fund of the state to the department of justice for the
88 36 fiscal year beginning July 1, 2010, and ending June 30,
88 37 2011, the following amount, or so much thereof as is
88 38 necessary, to be used for the purposes designated:
88 39 For the general office of the attorney general,
88 40 including salaries, support, maintenance, miscellaneous
88 41 purposes, and for not more than the following full=time
88 42 equivalent positions:
88 43 .................................................. $ 60,000
88 44 ............................................... FTEs 1.00 >>
88 45 #48. Page 212, line 35, by striking <under a> and
88 46 inserting <under each>
88 47 #49. Page 213, line 2, by striking <waivers> and
88 48 inserting <applicable waiver>
88 49 #50. Page 213, line 5, after <median> by inserting
88 50 <as applicable to each waiver. The use of trigger
89 1 mechanism and the approval process is intended to
89 2 preserve necessary services while preventing overuse
89 3 of services>
89 4 #51. By striking page 220, line 17, through page
89 5 222, line 2.
89 6 #52. Page 222, by striking lines 5 through 32.
89 7 #53. By striking page 223, line 34, through page
89 8 224, line 12.
89 9 #54. Page 246, line 30, by striking <REPEAL OF>
89 10 #55. Page 247, after line 9 by inserting:
89 11 <Sec. ___. Section 135.107, subsection 5, paragraph
89 12 a, Code Supplement 2009, is amended to read as follows:
89 13 a. There is established an advisory committee to
89 14 the center for rural health and primary care consisting
89 15 of one representative, approved by the respective
89 16 agency, of each of the following agencies: the
89 17 department of agriculture and land stewardship, the
89 18 Iowa department of public health, the department of
89 19 inspections and appeals, the national institute for
89 20 rural health policy, the rural health resource center,
89 21 the institute of agricultural medicine and occupational
89 22 health, and the Iowa state association of counties.
89 23 The governor shall appoint two representatives of
89 24 consumer groups active in rural health issues and a
89 25 representative of each of two farm organizations active
89 26 within the state, a representative of an agricultural
89 27 business in the state, a representative of a critical
89 28 needs hospital, a practicing rural family physician,
89 29 a practicing rural physician assistant, a practicing
89 30 rural advanced registered nurse practitioner, and
89 31 a rural health practitioner who is not a physician,
89 32 physician assistant, or advanced registered nurse
89 33 practitioner, as members of the advisory committee.
89 34 The advisory committee shall also include as members
89 35 two state representatives, one appointed by the speaker
89 36 of the house of representatives and one by the minority
89 37 leader of the house, and two state senators, one
89 38 appointed by the majority leader of the senate and one
89 39 by the minority leader of the senate.>
89 40 #56. Page 247, by striking line 17 and inserting:
89 41 <Sec. ___. REPEAL. Sections 135.28, 135N.1,
89 42 135N.2, 135N.3, 135N.4, 135N.5, 135N.6, and 142C.16,
89 43 Code 2009, are repealed.>
89 44 #57. Page 248, after line 29 by inserting:
89 45 <DIVISION ___
89 46 DEPARTMENT OF HUMAN
89 47 SERVICES == LEVEL OF CARE
89 48 Sec. ___. LEVEL OF CARE EVALUATION. The department
89 49 of human services shall amend the medical assistance
89 50 program home and community=based services waiver for
90 1 persons with intellectual disabilities so that required
90 2 evaluations performed subsequent to the initial
90 3 diagnosis of mental retardation are for the purpose of
90 4 determining the appropriate level of care rather than
90 5 confirming the original diagnosis.>
90 6 #58. Page 248, after line 29 by inserting:
90 7 <DIVISION ___
90 8 DEPARTMENT OF HUMAN
90 9 SERVICES == TRANSPORTATION SERVICES
90 10 Sec. ___. INCLUSION OF TRANSPORTATION
90 11 SERVICES. The department of human services shall amend
90 12 the medical assistance program home and community=based
90 13 services waiver for persons with intellectual
90 14 disabilities as necessary for employment=related
90 15 transportation to be covered by the supported community
90 16 living services provider.>
90 17 #59. Page 248, lines 31 and 32, by striking <FUNDS
90 18 TRANSFER PAYMENTS> and inserting <TRANSACTIONS>
90 19 #60. Page 248, before line 33 by inserting:
90 20 <Sec. ___. Section 217.6, Code 2009, is amended by
90 21 adding the following new unnumbered paragraph:
90 22 NEW UNNUMBERED PARAGRAPH If the department of
90 23 human services requires or requests a service consumer,
90 24 service provider, or other person to maintain required
90 25 documentation in electronic form, the department shall
90 26 accept such documentation submitted by electronic
90 27 means and shall not require a physical copy of the
90 28 documentation unless required by state or federal law.>
90 29 #61. By striking page 249, line 12, through page
90 30 250, line 7.
90 31 #62. Page 252, line 32, after <subdivision> by
90 32 inserting <and hired by the political subdivision>
90 33 #63. Page 253, after line 3 by inserting:
90 34 <Sec. ___. Section 80B.11E, subsection 1, Code
90 35 2009, is amended to read as follows:
90 36 1. Notwithstanding any other provision of law to
90 37 the contrary, an individual who is not a certified law
90 38 enforcement officer may apply for attendance at the
90 39 law enforcement academy at their own expense if such
90 40 individual is sponsored by a law enforcement agency
90 41 that either intends to hire or has hired the individual
90 42 as a law enforcement officer on the condition that the
90 43 individual meets the minimum eligibility standards
90 44 described in subsection 2. The costs for attendance by
90 45 such an individual at the law enforcement academy shall
90 46 be paid as provided in section 80B.11B.>
90 47 #64. Page 253, line 19, by striking four and
90 48 inserting two
90 49 #65. Page 254, line 26, by striking 2014 and
90 50 inserting 2013
91 1 #66. Page 254, line 27, by striking fourth and
91 2 inserting second
91 3 #67. By renumbering as necessary.
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