H.F. 2212 DIVISION I 1 REBUILD IOWA OFFICE 2 Section 1. Section 16.191, subsection 2, paragraph e, Code 3 Supplement 2009, is amended to read as follows: 4 e. The executive director of the rebuild Iowa office 5 or the director’s designee until June 30, 2011, and then 6 the administrator of the homeland security and emergency 7 management division of the department of public defense or the 8 administrator’s designee. 9 Sec. 2. Section 103A.8C, subsection 1, Code Supplement 10 2009, is amended to read as follows: 11 1. The commissioner, after consulting with and receiving 12 recommendations from the department of public defense , and the 13 department of natural resources , and the rebuild Iowa office , 14 shall adopt rules pursuant to chapter 17A specifying standards 15 and requirements for design and construction of safe rooms 16 and storm shelters. In developing these standards, the 17 commissioner shall consider nationally recognized standards. 18 The standards and requirements shall be incorporated into the 19 state building code established in section 103A.7, but shall 20 not be interpreted to require the inclusion of a safe room or 21 storm shelter in a building construction project unless such 22 inclusion is expressly required by another statute or by a 23 federal statute or regulation. However, if a safe room or 24 storm shelter is included in any building construction project 25 which reaches the design development phase on or after January 26 1, 2011, compliance with the standards developed pursuant to 27 this section shall be required. 28 Sec. 3. Section 466B.3, subsection 4, paragraph n, Code 29 Supplement 2009, is amended by striking the paragraph. 30 Sec. 4. 2009 Iowa Acts, chapter 169, section 10, subsection 31 6, is amended to read as follows: 32 6. a. This section is repealed June 30, 2011. 33 b. On July 1, 2010, the rebuild Iowa office shall cease 34 functioning and dissolve, and the homeland security and 35 -1- LSB 5166YH (7) 83 ec/sc 1/ 17

H.F. 2212 emergency management division of the department of public 1 defense shall assume all duties of the rebuild Iowa office 2 designated in this section. 3 Sec. 5. 2009 Iowa Acts, chapter 181, section 25, is amended 4 to read as follows: 5 SEC. 25. REBUILD IOWA OFFICE. There is appropriated from 6 the general fund of the state to the rebuild Iowa office for 7 the fiscal year beginning July 1, 2009, and ending June 30, 8 2010, the following amount, or so much thereof as is necessary, 9 to be used for the purposes designated: 10 For salaries, support, maintenance, miscellaneous purposes, 11 and for not more than the following full-time equivalent 12 positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 198,277 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 15 It is the intent of the general assembly that, pursuant to 16 2009 Iowa Acts, chapter 169, House File 64, as amended by this 17 2010 Iowa Act, the rebuild Iowa office shall be repealed cease 18 functioning and dissolve effective June 30, 2011 July 1, 2010 , 19 and shall not receive an appropriation from the general fund 20 of the state after that date. 21 DIVISION II 22 OFFICE OF DRUG CONTROL POLICY 23 Sec. 6. Section 80.8, subsection 3, paragraph a, Code 2009, 24 is amended to read as follows: 25 a. The salaries of peace officers and employees of the 26 department and the expenses of the department shall be provided 27 for by a legislative appropriation , except the salary of the 28 drug policy coordinator shall be fixed by the governor as 29 provided in section 80E.1 . The compensation of peace officers 30 of the department shall be fixed according to grades as to rank 31 and length of service by the commissioner with the approval of 32 the department of administrative services, unless covered by a 33 collective bargaining agreement that provides otherwise. 34 Sec. 7. Section 80.9, Code 2009, is amended by adding the 1 -2- LSB 5166YH (7) 83 ec/sc 2/ 17

H.F. 2212 following new subsection: 2 NEW SUBSECTION . 10. The department shall receive and review 3 the budget submitted by the drug policy coordinator and assist 4 the drug policy coordinator in directing the governor’s office 5 of drug control policy pursuant to section 80E.1. 6 Sec. 8. Section 80.17, subsection 1, Code 2009, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . g. Office of drug control policy. 9 Sec. 9. Section 80E.1, subsection 1, Code 2009, is amended 10 to read as follows: 11 1. The office of drug control policy is established in the 12 department of public safety. A drug policy coordinator shall 13 be appointed by the governor, subject to confirmation by the 14 senate, and shall serve at the pleasure of the governor. The 15 governor shall fill a vacancy in the office in the same manner 16 as the original appointment was made. The coordinator shall be 17 selected primarily for administrative ability. The coordinator 18 shall not be selected on the basis of political affiliation 19 and shall not engage in political activity while holding the 20 office. The salary of the coordinator shall be fixed by the 21 governor. 22 Sec. 10. Section 80E.1, subsection 2, paragraph a, Code 23 2009, is amended to read as follows: 24 a. Direct the governor’s office of drug control policy, 25 and coordinate and monitor all statewide narcotics enforcement 26 efforts, coordinate and monitor all state and federal substance 27 abuse treatment grants and programs, coordinate and monitor all 28 statewide substance abuse prevention and education programs 29 in communities and schools, and engage in such other related 30 activities as required by law. The coordinator shall work in 31 coordinating the efforts of the department of corrections, the 32 department of education, the Iowa department of public health, 33 the department of public safety, and the department of human 34 services. The coordinator shall assist in the development 35 and implementation of local and community strategies to fight 1 -3- LSB 5166YH (7) 83 ec/sc 3/ 17

H.F. 2212 substance abuse, including local law enforcement, education, 2 and treatment activities. 3 Sec. 11. Section 124.101, subsection 21, Code Supplement 4 2009, is amended to read as follows: 5 21. “Office” means the governor’s office of drug control 6 policy, as referred to in section 80E.1. 7 Sec. 12. Section 135.130, subsection 2, Code 2009, is 8 amended to read as follows: 9 2. A substance abuse treatment facility advisory council 10 is established within the department to advise and make 11 recommendations to the director regarding the establishment 12 and operation of a facility for persons with a substance 13 abuse problem who are on probation and to assist with the 14 implementation of treatment programs that are proven to 15 be effective for offenders. The substance abuse treatment 16 facility advisory council shall consist of the directors of the 17 eight judicial district departments of correctional services 18 and one representative each from the judicial branch, the Iowa 19 department of public health, the department of corrections, and 20 the governor’s office of drug control policy. 21 Sec. 13. Section 216A.132, subsection 1, paragraph b, Code 22 2009, is amended to read as follows: 23 b. The departments of human services, corrections, and 24 public safety, the division on the status of African-Americans, 25 the Iowa department of public health, the chairperson of 26 the board of parole, the attorney general, the state public 27 defender, the governor’s office of drug control policy, and 28 the chief justice of the supreme court shall each designate a 29 person to serve on the council. The person appointed by the 30 Iowa department of public health shall be from the departmental 31 staff who administer the comprehensive substance abuse program 32 under chapter 125. 33 Sec. 14. Section 216A.140, subsection 5, paragraph h, Code 34 Supplement 2009, is amended to read as follows: 35 h. Governor’s office Office of drug control policy. 1 -4- LSB 5166YH (7) 83 ec/sc 4/ 17

H.F. 2212 Sec. 15. Section 602.8108, subsection 4, Code Supplement 2 2009, is amended to read as follows: 3 4. The clerk of the district court shall remit all moneys 4 collected from the drug abuse resistance education surcharge 5 provided in section 911.2 to the state court administrator 6 for deposit in the general fund of the state and the amount 7 deposited is appropriated to the governor’s office of drug 8 control policy for use by the drug abuse resistance education 9 program and other programs directed for a similar purpose. 10 DIVISION III 11 ALCOHOLIC BEVERAGES DIVISION 12 Sec. 16. Section 22.7, subsection 24, Code Supplement 2009, 13 is amended to read as follows: 14 24. Records of purchases of alcoholic liquor from 15 the alcoholic beverages division of the department of 16 commerce revenue which would reveal purchases made by an 17 individual class “E” liquor control licensee. However, the 18 records may be revealed for law enforcement purposes or for the 19 collection of payments due the division pursuant to section 20 123.24. 21 Sec. 17. Section 123.3, subsection 14, Code 2009, is amended 22 to read as follows: 23 14. “Division” means the alcoholic beverages division of the 24 department of commerce revenue established by this chapter. 25 Sec. 18. Section 123.4, Code 2009, is amended to read as 26 follows: 27 123.4 Alcoholic beverages division created. 28 An alcoholic beverages division is created within the 29 department of commerce revenue to administer and enforce the 30 laws of this state concerning beer, wine, and alcoholic liquor. 31 Sec. 19. Section 123.14, subsection 2, Code 2009, is amended 32 to read as follows: 33 2. The county attorney, the county sheriff and the 34 sheriff’s deputies, and the police department of every city, 35 and the alcoholic beverages division of the department of 1 -5- LSB 5166YH (7) 83 ec/sc 5/ 17

H.F. 2212 commerce revenue , shall be supplementary aids to the department 2 of public safety. Any neglect, misfeasance, or malfeasance 3 shown by any peace officer included in this section shall be 4 sufficient cause for the peace officer’s removal as provided by 5 law. This section shall not be construed to affect the duties 6 and responsibilities of any county attorney or peace officer 7 with respect to law enforcement. 8 Sec. 20. Section 123.53, subsections 4, 5, and 6, Code 9 Supplement 2009, are amended to read as follows: 10 4. The treasurer of state shall, each quarter, prepare 11 an estimate of the gaming revenues and of the moneys to be 12 deposited in the beer and liquor control fund that will become 13 available during the remainder of the appropriate fiscal year 14 for the purposes described in subsection 3. The department of 15 management, the department of inspections and appeals, and the 16 department of commerce revenue shall take appropriate actions 17 to provide that the sum of the amount of gaming revenues 18 available to be deposited into the revenue bonds debt service 19 fund during a fiscal year and the amount of moneys to be 20 deposited in the beer and liquor control fund available to 21 be deposited into the revenue bonds debt service fund during 22 such fiscal year will be sufficient to cover any anticipated 23 deficiencies. 24 5. After any transfer provided for in subsection 3 is 25 made, the department of commerce revenue shall transfer into a 26 special revenue account in the general fund of the state, a sum 27 of money at least equal to seven percent of the gross amount 28 of sales made by the division from the beer and liquor control 29 fund on a monthly basis but not less than nine million dollars 30 annually. Of the amounts transferred, two million dollars, 31 plus an additional amount determined by the general assembly, 32 shall be appropriated to the Iowa department of public health 33 for use by the staff who administer the comprehensive substance 34 abuse program under chapter 125 for substance abuse treatment 35 and prevention programs. Any amounts received in excess of the 1 -6- LSB 5166YH (7) 83 ec/sc 6/ 17

H.F. 2212 amounts appropriated to the Iowa department of public health 2 for use by the staff who administer the comprehensive substance 3 abuse program under chapter 125 shall be considered part of the 4 general fund balance. 5 6. After any transfers provided for in subsections 3 and 6 5, the department of commerce revenue shall transfer to the 7 division from the beer and liquor control fund and before any 8 other transfer to the general fund, an amount sufficient to pay 9 the costs incurred by the division for collecting and properly 10 disposing of the liquor containers. 11 Sec. 21. Section 142A.3, subsection 5, paragraph e, Code 12 Supplement 2009, is amended to read as follows: 13 e. The alcoholic beverages division of the department of 14 commerce revenue . 15 Sec. 22. Section 142A.4, subsection 14, Code Supplement 16 2009, is amended to read as follows: 17 14. Approve contracts entered into with the alcoholic 18 beverages division of the department of commerce revenue , to 19 provide for enforcement of tobacco laws and regulations. 20 Sec. 23. Section 142A.5, subsection 1, paragraph e, Code 21 2009, is amended to read as follows: 22 e. Enter into contracts with the alcoholic beverages 23 division of the department of commerce revenue , to provide 24 enforcement of tobacco laws and regulations. Such contracts 25 shall require that enforcement efforts include training of 26 local authorities who issue retailer permits and education of 27 retailers. 28 Sec. 24. Section 321.19, subsection 1, unnumbered paragraph 29 2, Code 2009, is amended to read as follows: 30 The department shall furnish, on application, free of 31 charge, distinguishing plates for vehicles thus exempted, 32 which plates except plates on state patrol vehicles shall bear 33 the word “official” and the department shall keep a separate 34 record. Registration plates issued for state patrol vehicles, 35 except unmarked patrol vehicles, shall bear two red stars 1 -7- LSB 5166YH (7) 83 ec/sc 7/ 17

H.F. 2212 on a yellow background, one before and one following the 2 registration number on the plate, which registration number 3 shall be the officer’s badge number. Registration plates 4 issued for county sheriff’s patrol vehicles shall display one 5 seven-pointed gold star followed by the letter “S” and the call 6 number of the vehicle. However, the director of the department 7 of administrative services or the director of transportation 8 may order the issuance of regular registration plates for any 9 exempted vehicle used by peace officers in the enforcement 10 of the law, persons enforcing chapter 124 and other laws 11 relating to controlled substances, persons in the department of 12 justice, the alcoholic beverages division of the department of 13 commerce revenue , disease investigators of the Iowa department 14 of public health, the department of inspections and appeals, 15 and the department of revenue, who are regularly assigned to 16 conduct investigations which cannot reasonably be conducted 17 with a vehicle displaying “official” state registration plates, 18 persons in the Iowa lottery authority whose regularly assigned 19 duties relating to security or the carrying of lottery tickets 20 cannot reasonably be conducted with a vehicle displaying 21 “official” registration plates, persons in the department of 22 economic development who are regularly assigned duties relating 23 to existing industry expansion or business attraction, and 24 mental health professionals or health care professionals who 25 provide off-site or in-home medical or mental health services 26 to clients of publicly funded programs. For purposes of sale 27 of exempted vehicles, the exempted governmental body, upon the 28 sale of the exempted vehicle, may issue for in-transit purposes 29 a pasteboard card bearing the words “Vehicle in Transit”, the 30 name of the official body from which the vehicle was purchased, 31 together with the date of the purchase plainly marked in at 32 least one-inch letters, and other information required by the 33 department. The in-transit card is valid for use only within 34 forty-eight hours after the purchase date as indicated on the 35 bill of sale which shall be carried by the driver. 1 -8- LSB 5166YH (7) 83 ec/sc 8/ 17

H.F. 2212 Sec. 25. Section 453A.2, subsection 7, Code 2009, is amended 2 to read as follows: 3 7. A tobacco compliance employee training fund is created in 4 the office of the treasurer of state. The fund shall consist 5 of civil penalties assessed by the Iowa department of public 6 health under section 453A.22 for violations of this section. 7 Moneys in the fund are appropriated to the alcoholic beverages 8 division of the department of commerce revenue and shall be 9 used to develop and administer the tobacco compliance employee 10 training program under section 453A.5. Moneys deposited in the 11 fund shall not be transferred, used, obligated, appropriated, 12 or otherwise encumbered except as provided in this subsection. 13 Notwithstanding section 8.33, any unexpended balance in the 14 fund at the end of the fiscal year shall be retained in the 15 fund. 16 Sec. 26. Section 453A.5, subsection 1, Code 2009, is amended 17 to read as follows: 18 1. The alcoholic beverages division of the department of 19 commerce revenue shall develop a tobacco compliance employee 20 training program not to exceed two hours in length for 21 employees and prospective employees of retailers, as defined 22 in sections 453A.1 and 453A.42, to inform the employees about 23 state and federal laws and regulations regarding the sale of 24 cigarettes and tobacco products to persons under eighteen years 25 of age and compliance with and the importance of laws regarding 26 the sale of cigarettes and tobacco products to persons under 27 eighteen years of age. 28 Sec. 27. Section 455C.3, subsections 2 and 5, Code 2009, are 29 amended to read as follows: 30 2. A distributor shall accept and pick up from a dealer 31 served by the distributor or a redemption center for a 32 dealer served by the distributor at least weekly, or when the 33 distributor delivers the beverage product if deliveries are 34 less frequent than weekly, any empty beverage container of the 35 kind, size and brand sold by the distributor, and shall pay to 1 -9- LSB 5166YH (7) 83 ec/sc 9/ 17

H.F. 2212 the dealer or person operating a redemption center the refund 2 value of a beverage container and the reimbursement as provided 3 under section 455C.2 within one week following pickup of the 4 containers or when the dealer or redemption center normally 5 pays the distributor for the deposit on beverage products 6 purchased from the distributor if less frequent than weekly. 7 A distributor or employee or agent of a distributor is not in 8 violation of this subsection if a redemption center is closed 9 when the distributor attempts to make a regular delivery or a 10 regular pickup of empty beverage containers. This subsection 11 does not apply to a distributor selling alcoholic liquor 12 to the alcoholic beverages division of the department of 13 commerce revenue . 14 5. The alcoholic beverages division of the department 15 of commerce revenue shall provide for the disposal of empty 16 beverage containers as required under subsection 2. The 17 division shall give priority consideration to the recycling 18 of the empty beverage containers to the extent possible, 19 before any other appropriate disposal method is considered or 20 implemented. 21 Sec. 28. Section 546.2, subsection 3, paragraph e, Code 22 2009, is amended by striking the paragraph. 23 Sec. 29. NEW SECTION . 421.2A Alcoholic beverages division. 24 An alcoholic beverages division is created within the 25 department of revenue. The alcoholic beverages division shall 26 enforce and implement chapter 123. The division is headed by 27 the administrator of alcoholic beverages who shall be appointed 28 pursuant to section 123.10. The alcoholic beverages commission 29 shall perform duties within the division pursuant to chapter 30 123. 31 Sec. 30. REPEAL. Section 546.9, Code 2009, is repealed. 32 Sec. 31. ALCOHOLIC BEVERAGES DIVISION —— TRANSITION 33 PROVISIONS. 34 1. In regard to updating references and format in the 35 Iowa administrative code in order to correspond to the 1 -10- LSB 5166YH (7) 83 ec/sc 10/ 17

H.F. 2212 transferring of the division from the department of commerce 2 to the department of revenue as established by this division 3 of this Act, the administrative rules coordinator and the 4 administrative rules review committee, in consultation with the 5 administrative code editor, shall jointly develop a schedule 6 for the necessary updating of the Iowa administrative code. 7 2. Any replacement of signs, logos, stationery, insignia, 8 uniforms, and related items that is made due to the effect of 9 this division of this Act should be done as part of the normal 10 replacement cycle for such items. 11 DIVISION IV 12 OFFICE OF ENERGY INDEPENDENCE AND IOWA POWER FUND 13 Sec. 32. Section 7E.5, subsection 1, paragraph q, Code 14 Supplement 2009, is amended to read as follows: 15 q. The department of natural resources, created in section 16 455A.2, which has primary responsibility for state parks and 17 forests, protecting the environment, and managing energy, fish, 18 wildlife, and land and water resources. 19 Sec. 33. Section 11.5B, subsection 15, Code 2009, is amended 20 by striking the subsection. 21 Sec. 34. Section 15H.6, subsection 1, Code Supplement 2009, 22 is amended to read as follows: 23 1. The Iowa commission on volunteer service, in 24 collaboration with the department of natural resources, the 25 department of workforce development, the office of energy 26 independence, and the utilities board of the department of 27 commerce, shall establish an Iowa green corps program. The 28 commission shall work with the collaborating agencies and 29 nonprofit agencies in developing a strategy for attracting 30 additional financial resources for the program from other 31 sources which may include but are not limited to utilities, 32 private sector, and local, state, and federal government 33 funding sources. The financial resources received shall be 34 credited to the community programs account created pursuant to 35 section 15H.5. 1 -11- LSB 5166YH (7) 83 ec/sc 11/ 17

H.F. 2212 Sec. 35. Section 22.7, subsection 60, Code Supplement 2009, 2 is amended by striking the subsection. 3 Sec. 36. Section 103A.8B, Code 2009, is amended to read as 4 follows: 5 103A.8B Sustainable design or green building standards. 6 The commissioner, after consulting with and receiving 7 recommendations from the department of natural resources 8 and the office of energy independence , shall adopt rules 9 pursuant to chapter 17A specifying standards and requirements 10 for sustainable design and construction based upon or 11 incorporating nationally recognized ratings, certifications, 12 or classification systems, and procedures relating to 13 documentation of compliance. The standards and requirements 14 shall be incorporated into the state building code established 15 in section 103A.7, but in lieu of general applicability shall 16 apply to construction projects only if such applicability is 17 expressly authorized by statute, or as established by another 18 state agency by rule. 19 Sec. 37. Section 268.6, subsection 2, Code Supplement 2009, 20 is amended to read as follows: 21 2. The university is encouraged to cooperate with 22 agricultural and energy efficiency advocates and governmental 23 entities in administering the program , including the office of 24 energy independence established pursuant to section 469.2 . 25 Sec. 38. Section 455A.2, Code Supplement 2009, is amended 26 to read as follows: 27 455A.2 Department of natural resources. 28 A department of natural resources is created, which has the 29 primary responsibility for state parks and forests, protecting 30 the environment, and managing energy, fish, wildlife, and land 31 and water resources in this state. 32 Sec. 39. Section 455B.851, subsection 2, paragraph a, 33 subparagraph (17), Code 2009, is amended by striking the 34 subparagraph. 35 Sec. 40. Section 470.1, Code Supplement 2009, is amended by 1 -12- LSB 5166YH (7) 83 ec/sc 12/ 17

H.F. 2212 adding the following new subsection: 2 NEW SUBSECTION . 1A. “Department” means the department of 3 natural resources. 4 Sec. 41. Section 470.1, subsection 2, Code Supplement 2009, 5 is amended to read as follows: 6 2. “Director” means the director of the office of energy 7 independence department of natural resources . 8 Sec. 42. Section 470.1, subsection 8, Code Supplement 2009, 9 is amended by striking the subsection. 10 Sec. 43. Section 473.1, Code Supplement 2009, is amended by 11 adding the following new subsection: 12 NEW SUBSECTION . 2A. “Department” means the department of 13 natural resources. 14 Sec. 44. Section 473.1, subsection 3, Code Supplement 2009, 15 is amended to read as follows: 16 3. “Director” means the director of the office department or 17 a designee. 18 Sec. 45. Section 473.1, subsection 5, Code Supplement 2009, 19 is amended by striking the subsection. 20 Sec. 46. REPEAL. Sections 469.1, 469.2, 469.5, 469.7, and 21 469.8, Code 2009, are repealed. 22 Sec. 47. REPEAL. Sections 469.3, 469.4, 469.6, 469.9, 23 469.10, and 469.11, Code Supplement 2009, are repealed. 24 Sec. 48. CODE EDITOR DIRECTIVE. 25 1. The Code editor is directed to change the words “office 26 of energy independence” to “department of natural resources” 27 in Code sections 7D.34, 7D.35, 8A.362, 72.5, 103A.8, 103A.27, 28 159A.3, 159A.4, 159A.6B, 266.39C, 272C.2, 279.44, 323A.2, 29 441.21, 476.6, and 476.63. 30 2. The Code editor is directed to change the word “office” 31 to “department” in Code sections 470.3, 470.7, 473.7, 473.8, 32 473.10, 473.13A, 473.15, 473.19, 473.19A, 473.20, 473.20A, and 33 473.41. 34 Sec. 49. TRANSITION PROVISIONS —— CONTINUATION OF GRANTS. 35 1. Any moneys remaining in any account or fund under the 1 -13- LSB 5166YH (7) 83 ec/sc 13/ 17

H.F. 2212 control of the office of energy independence on the effective 2 date of this division of this Act relative to the provisions of 3 this division of this Act shall be transferred to a comparable 4 fund or account under the control of the department of natural 5 resources for such purposes. Notwithstanding section 8.33, the 6 moneys transferred in accordance with this subsection shall 7 not revert to the account or fund from which appropriated or 8 transferred. 9 2. Any license, permit, or contract issued or entered into 10 by the office of energy independence relative to the provisions 11 of this division of this Act in effect on the effective date 12 of this division of this Act shall continue in full force and 13 effect pending transfer of such licenses, permits, or contracts 14 to the department of natural resources. 15 3. Grants or loans awarded from the Iowa power fund pursuant 16 to section 469.9 prior to the effective date of this division 17 of this Act shall continue as provided by the terms of the 18 grants or loans and shall be administered by the department of 19 natural resources. 20 4. Federal funds utilized by the director of the office 21 of energy independence prior to the effective date of 22 this division of this Act to employ personnel necessary to 23 administer the provisions of this division of this Act shall be 24 applicable to the transfer of such personnel from the office of 25 energy independence to the department of natural resources. 26 Sec. 50. TRANSITION PROVISIONS —— EMERGENCY 27 RULEMAKING. Not later than July 1, 2010, the department of 28 natural resources shall adopt administrative rules previously 29 adopted by the office of energy independence relative to the 30 provisions of this division of this Act in existence on the 31 effective date of this division of this Act by emergency 32 rulemaking pursuant to section 17A.4, subsection 3, and 33 section 17A.5, subsection 2, paragraph “b” . The rules shall 34 be effective immediately upon filing unless a later date is 35 specified in the rules. Any rules adopted in accordance with 1 -14- LSB 5166YH (7) 83 ec/sc 14/ 17

H.F. 2212 this section shall also be published as a notice of intended 2 action as provided in section 17A.4. Any rule, regulation, 3 form, order, or directive promulgated by the office relative to 4 the provisions of this division of this Act shall continue in 5 full force and effect until such emergency rules are adopted. 6 Sec. 51. EFFECTIVE UPON ENACTMENT. The section of this 7 division of this Act providing for emergency rulemaking, being 8 deemed of immediate importance, takes effect upon enactment. 9 EXPLANATION 10 This bill reorganizes certain agencies by eliminating the 11 rebuild Iowa office and the office of energy independence, and 12 by transferring management of the alcoholic beverages division 13 and the office of drug control policy. 14 Division I of the bill relates to the elimination of the 15 rebuild Iowa office. 16 The rebuild Iowa office was created following the flooding 17 in 2008. Currently, the rebuild Iowa office is scheduled to 18 be abolished (sunset) on June 30, 2011. The bill provides 19 that, on July 1, 2010, the office shall cease functioning and 20 dissolve and the homeland security and emergency management 21 division of the department of public defense shall assume the 22 duties of the office until the sunset provision for the office 23 takes effect on June 30, 2011. This division of the bill makes 24 conforming amendments. 25 Division II of the bill transfers the administration of the 26 governor’s office of drug control policy from the office of 27 the governor to the department of public safety. The division 28 changes the name of governor’s office of drug control policy to 29 office of drug control policy. 30 The division requires the department of public safety to 31 review the budget submitted by the drug policy coordinator and 32 assist the drug policy coordinator in directing the governor’s 33 office of drug control policy pursuant to Code section 80E.1. 34 The division does not modify the appointment of the drug 35 policy coordinator. Currently, the governor appoints the drug 1 -15- LSB 5166YH (7) 83 ec/sc 15/ 17

H.F. 2212 policy coordinator, subject to confirmation by the senate, and 2 the coordinator serves at the pleasure of the governor. 3 The division also does not modify the current duties of the 4 drug policy coordinator to coordinate and monitor all statewide 5 narcotics enforcement efforts, substance abuse treatment grants 6 and programs, substance abuse prevention and education programs 7 in communities and schools, and to engage in such other related 8 activities as required by law. 9 Division III of the bill transfers the alcoholic beverages 10 division from the department of commerce to the department of 11 revenue. 12 Division IV of the bill repeals Code chapter 469, which 13 provides for the establishment and administration of the office 14 of energy independence, the Iowa power fund, and related 15 renewable energy and energy efficiency projects, effective 16 July 1, 2010. This division of the bill makes a number of 17 conforming changes deleting references to the office of 18 energy independence and the Iowa power fund, and changing 19 administration of specified energy-efficiency related functions 20 transferred to the office from the department of natural 21 resources during the 2009 Legislative Session back to the 22 department. 23 This division of the bill provides transition provisions 24 regarding the transfer of moneys retained in any account or 25 fund under the control of the office of energy independence 26 on the division’s effective date to the department, the 27 continuation of any license, permit, or contract issued 28 or entered into by the office relative to the division’s 29 provisions in effect on the division’s effective date pending 30 their transfer to the department, and the continuation of 31 grants or loans awarded from the Iowa power fund prior to 32 the division’s effective date. Transition provisions are 33 also included relating to the transfer of federal funds being 34 utilized by the director of the office prior to the division’s 35 effective date to employ personnel necessary to administer the 1 -16- LSB 5166YH (7) 83 ec/sc 16/ 17