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.
          SF2088.1129.H (5) 83
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