Senate File 2088 - Introduced SENATE FILE 2088 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3030) A BILL FOR An Act concerning state government reorganization and 1 efficiency, making appropriations, establishing fees, 2 establishing fees and penalties, and providing effective and 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5073SV (48) 83 ec/rj
S.F. 2088 DIVISION I 1 GOVERNMENT INFORMATION TECHNOLOGY SERVICES 2 Section 1. Section 8A.104, subsection 12, Code 2009, is 3 amended by striking the subsection. 4 Sec. 2. Section 8A.111, subsection 3, Code 2009, is amended 5 by striking the subsection. 6 Sec. 3. Section 8A.111, subsection 5, Code 2009, is amended 7 by striking the subsection. 8 Sec. 4. Section 8A.122, subsection 3, Code 2009, is amended 9 to read as follows: 10 3. The Except for obtaining information technology services 11 pursuant to subchapter II, the state board of regents shall 12 not be required to obtain any service for the state board of 13 regents or any institution under the control of the state board 14 of regents that is provided by the department pursuant to this 15 chapter without the consent of the state board of regents. 16 Sec. 5. Section 8A.201, subsection 1, Code 2009, is amended 17 to read as follows: 18 1. “Information technology” means computing and electronics 19 applications used to process and distribute information in 20 digital and other forms and includes information technology 21 devices, information technology services, infrastructure 22 services, and value-added services. 23 Sec. 6. Section 8A.201, Code 2009, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 3A. “Infrastructure services” includes all 26 of the following: 27 a. Data centers used to support mainframe and other 28 computers and their associated components including servers, 29 information networks, storage systems, redundant or backup 30 power systems, redundant data communications connections, 31 environmental controls, and security devices. 32 b. Servers, mainframes, or other centralized processing 33 systems. 34 c. Storage systems, including but not limited to disk, tape, 35 -1- LSB 5073SV (48) 83 ec/rj 1/ 290
S.F. 2088 optical, and other structured repositories for storing digital 1 information. 2 d. Telecommunications networks, sometimes referred to as 3 wide area networks, used for the transmission of video, voice, 4 and data. 5 e. Computer networks commonly referred to as local area 6 networks. 7 f. Groupware applications used to facilitate collaboration, 8 communication, and workflow, including electronic mail, 9 directory services, calendaring and scheduling, and imaging 10 systems. 11 g. Information technology help desk services. 12 h. Cyber security functions and equipment. 13 i. Digital printing and printing procurement services. 14 j. Data warehouses, including services that assist in 15 managing and locating digital information. 16 k. Disaster recovery technology and services. 17 l. Other similar or related services as determined by the 18 chief information officer. 19 Sec. 7. Section 8A.201, subsection 4, Code 2009, is amended 20 by striking the subsection and inserting in lieu thereof the 21 following: 22 4. “Participating agency” means any state agency. 23 Sec. 8. Section 8A.201, subsection 5, Code 2009, is amended 24 to read as follows: 25 5. “Technology governance board” advisory council” means the 26 board council established in section 8A.204. 27 Sec. 9. NEW SECTION . 8A.201A Chief information officer 28 appointed. 29 1. A chief information officer shall be appointed by the 30 governor to serve at the pleasure of the governor and is 31 subject to confirmation by the senate. If the office becomes 32 vacant, the vacancy shall be filled in the same manner as 33 provided for the original appointment. 34 2. The person appointed as the chief information officer 35 -2- LSB 5073SV (48) 83 ec/rj 2/ 290
S.F. 2088 for the state shall be professionally qualified by education 1 and have no less than five years’ experience in the field of 2 information technology, and a working knowledge of financial 3 management. The chief information officer shall not be 4 a member of any local, state, or national committee of a 5 political party, an officer or member of a committee in 6 any partisan political club or organization, or hold or be 7 a candidate for a paid elective public office. The chief 8 information officer is subject to the restrictions on political 9 activity provided in section 8A.416. 10 Sec. 10. Section 8A.202, subsection 2, paragraph g, Code 11 2009, is amended to read as follows: 12 g. Coordinating and managing the acquisition of information 13 technology services by participating agencies in furtherance of 14 the purposes of this chapter. The department shall institute 15 procedures to ensure effective and efficient compliance 16 with the applicable standards established pursuant to this 17 subchapter. This subchapter shall not be construed to prohibit 18 or limit a participating agency from entering into an agreement 19 or contract for information technology with a qualified private 20 entity. 21 Sec. 11. Section 8A.202, Code 2009, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 4A. Waivers. 24 a. The department shall adopt rules allowing for 25 participating agencies to seek a temporary or permanent waiver 26 from any of the requirements of this subchapter concerning 27 the acquisition of information technology. The rules shall 28 provide that a waiver may be granted upon a written request by 29 a participating agency and approval of the chief information 30 officer. A waiver shall only be approved if the participating 31 agency shows that a waiver would be in the best interests of 32 the state. 33 b. Prior to approving or denying a request for a waiver, the 34 chief information officer shall consider all of the following: 35 -3- LSB 5073SV (48) 83 ec/rj 3/ 290
S.F. 2088 (1) Whether the waiver would violate any state or federal 1 law; or any published policy, standard, or requirement 2 established by a governing body other than the department. 3 (2) Whether the waiver would result in the duplication of 4 existing services, resources, or support. 5 (3) Whether the waiver would obstruct the state’s 6 information technology strategic plan, enterprise architecture, 7 security plans, or any other information technology policy, 8 standard, or requirement. 9 (4) Whether the waiver would result in excessive 10 expenditures or expenditures above market rates. 11 (5) The life cycle of the system or application for which 12 the waiver is requested. 13 (6) Whether the participating agency can show that it can 14 obtain or provide the information technology more economically 15 than the information technology can be provided by the 16 department. For purposes of determining if the participating 17 agency can obtain or provide the information technology more 18 economically, the chief information officer shall consider 19 the impact on other participating agencies if the waiver is 20 approved or denied. 21 c. Rules adopted pursuant to this subsection relating to a 22 request for a waiver, at a minimum, shall provide for all of 23 the following: 24 (1) The request shall be in writing and signed by the head 25 of the participating agency seeking the waiver. 26 (2) The request shall include a reference to the specific 27 policy, standard, or requirement for which the waiver is 28 submitted. 29 (3) The request shall include a statement of facts including 30 a description of the problem or issue prompting the request; 31 the participating agency’s preferred solution; an alternative 32 approach to be implemented by the participating agency intended 33 to satisfy the waived policy, standard, or requirement; the 34 business case for the alternative approach; the economic 35 -4- LSB 5073SV (48) 83 ec/rj 4/ 290
S.F. 2088 justification for the waiver or a statement as to why the 1 waiver is in the best interests of the state; the time period 2 for which the waiver is requested; and any other information 3 deemed appropriate. 4 Sec. 12. Section 8A.203, unnumbered paragraph 1, Code 2009, 5 is amended to read as follows: 6 The chief information officer, in consultation with 7 the director , shall do all of the following as it relates to 8 information technology services: 9 Sec. 13. Section 8A.203, Code 2009, is amended by adding the 10 following new subsections: 11 NEW SUBSECTION . 6. Coordinate the internal operations 12 of the department as they relate to information technology 13 and develop and implement policies and procedures designed to 14 ensure the efficient administration of the department as they 15 relate to information technology. 16 NEW SUBSECTION . 7. Recommend to the director for adoption 17 rules deemed necessary for the administration of this 18 subchapter in accordance with chapter 17A. 19 NEW SUBSECTION . 8. Advise the director concerning 20 contracts for the receipt and provision of information 21 technology services as deemed necessary. 22 NEW SUBSECTION . 9. Exercise and perform such other 23 powers and duties related to information technology as may be 24 delegated by the director or as may be prescribed by law. 25 Sec. 14. Section 8A.204, Code 2009, is amended by striking 26 the section and inserting in lieu thereof the following: 27 8A.204 Technology advisory council. 28 1. Definitions. For purposes of this section, unless the 29 context otherwise requires: 30 a. “Large agency” means a participating agency with more 31 than seven hundred full-time, year-round employees. 32 b. “Medium-sized agency” means a participating agency with 33 at least seventy or more full-time, year-round employees, but 34 not more than seven hundred permanent employees. 35 -5- LSB 5073SV (48) 83 ec/rj 5/ 290
S.F. 2088 c. “Small agency” means a participating agency with less 1 than seventy full-time, year-round employees. 2 2. Membership. 3 a. The technology advisory council is composed of ten 4 members as follows: 5 (1) The chief information officer. 6 (2) The director of the department of management, or the 7 director’s designee. 8 (3) Eight members appointed by the governor as follows: 9 (a) Three representatives from large agencies. 10 (b) Two representatives from medium-sized agencies. 11 (c) One representative from a small agency. 12 (d) Two public members who are knowledgeable and have 13 experience in information technology matters. 14 b. (1) Members appointed pursuant to paragraph “a” , 15 subparagraph (3), shall serve two-year staggered terms. The 16 department shall provide, by rule, for the commencement of the 17 term of membership for the nonpublic members. The terms of 18 the public members shall be staggered at the discretion of the 19 governor. 20 (2) Sections 69.16, 69.16A, and 69.19 shall apply to the 21 public members of the council. 22 (3) Public members appointed by the governor are subject to 23 senate confirmation. 24 (4) Public members appointed by the governor may be eligible 25 to receive compensation as provided in section 7E.6. 26 (5) Members shall be reimbursed for actual and necessary 27 expenses incurred in performance of the members’ duties. 28 (6) A director, deputy director, or employee with 29 information technology expertise of an agency is preferred as 30 an appointed representative for each of the agency categories 31 of membership pursuant to paragraph “a” , subparagraph (3). 32 c. The technology advisory council annually shall elect a 33 chair and a vice chair from among the members of the council, 34 by majority vote, to serve one-year terms. 35 -6- LSB 5073SV (48) 83 ec/rj 6/ 290
S.F. 2088 d. A majority of the members of the council shall constitute 1 a quorum. 2 e. Meetings of the council shall be held at the call of the 3 chairperson or at the request of three members. 4 3. Powers and duties of the council. The powers and 5 duties of the technology advisory council as they relate to 6 information technology services shall include but are not 7 limited to all of the following: 8 a. Advise the chief information officer in developing and 9 adopting information technology standards pursuant to sections 10 8A.203 and 8A.206 applicable to all agencies. 11 b. Make recommendations to the chief information officer 12 regarding all of the following: 13 (1) Technology utility services to be implemented by the 14 department or other agencies. 15 (2) Improvements to information technology service 16 levels and modifications to the business continuity plan for 17 information technology operations developed by the department 18 for agencies, and to maximize the value of information 19 technology investments by the state. 20 (3) Technology initiatives for the executive branch. 21 c. Advise the department regarding rates to be charged 22 for access to and for value-added services performed through 23 IowAccess. 24 Sec. 15. Section 8A.205, subsection 2, paragraph f, Code 25 2009, is amended by striking the paragraph and inserting in 26 lieu thereof the following: 27 f. Assist participating agencies in converting printed 28 government materials to electronic materials which can be 29 accessed through an internet searchable database. 30 Sec. 16. Section 8A.206, subsection 1, Code 2009, is amended 31 to read as follows: 32 1. The department, in conjunction after consultation with 33 the technology governance board advisory council , shall develop 34 and adopt information technology standards applicable to the 35 -7- LSB 5073SV (48) 83 ec/rj 7/ 290
S.F. 2088 procurement of information technology by all participating 1 agencies. Such standards, unless waived by the department 2 pursuant to section 8A.202, subsection 4A , shall apply to all 3 information technology procurements for participating agencies. 4 Sec. 17. Section 8A.207, Code 2009, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 2A. The department shall develop policies 7 and procedures that apply to all information technology goods 8 and services acquisitions, and shall ensure the compliance 9 of all participating agencies. The department shall also be 10 the sole provider of infrastructure services for participating 11 agencies. 12 Sec. 18. Section 8A.221, Code 2009, is amended by striking 13 the section and inserting in lieu thereof the following: 14 8A.221 IowAccess —— duties and responsibilities. 15 1. IowAccess. The department shall establish IowAccess as 16 a service to the citizens of this state that is the gateway 17 for one-stop electronic access to government information and 18 transactions, whether federal, state, or local. Except as 19 provided in this section, IowAccess shall be a state-funded 20 service providing access to government information and 21 transactions. The department, in establishing the fees for 22 value-added services, shall consider the reasonable cost of 23 creating and organizing such government information through 24 IowAccess. 25 2. Duties. The department shall do all of the following: 26 a. Establish rates to be charged for access to and for 27 value-added services performed through IowAccess. 28 b. Approve and establish the priority of projects 29 associated with IowAccess. The determination may also include 30 requirements concerning funding for a project proposed by 31 a political subdivision of the state or an association, 32 the membership of which is comprised solely of political 33 subdivisions of the state. Prior to approving a project 34 proposed by a political subdivision, the department shall 35 -8- LSB 5073SV (48) 83 ec/rj 8/ 290
S.F. 2088 verify that all of the following conditions are met: 1 (1) The proposed project provides a benefit to the state. 2 (2) The proposed project, once completed, can be shared 3 with and used by other political subdivisions of the state, as 4 appropriate. 5 (3) The state retains ownership of any final product or is 6 granted a permanent license to the use of the product. 7 c. Establish expected outcomes and effects of the use of 8 IowAccess and determine the manner in which such outcomes are 9 to be measured and evaluated. 10 d. Establish the IowAccess total budget request and 11 ensure that such request reflects the priorities and goals of 12 IowAccess as established by the department. 13 e. Advocate for access to government information and 14 services through IowAccess and for data privacy protection, 15 information ethics, accuracy, and security in IowAccess 16 programs and services. 17 f. Receive status and operations reports associated with 18 IowAccess. 19 3. Data purchasing. This section shall not be construed 20 to impair the right of a person to contract to purchase 21 information or data from the Iowa court information system 22 or any other governmental entity. This section shall not be 23 construed to affect a data purchase agreement or contract in 24 existence on April 25, 2000. 25 Sec. 19. Section 8A.224, subsection 1, Code Supplement 26 2009, is amended to read as follows: 27 1. An IowAccess revolving fund is created in the state 28 treasury. The revolving fund shall be administered by the 29 department and shall consist of moneys collected by the 30 department as fees, moneys appropriated by the general 31 assembly, and any other moneys obtained or accepted by the 32 department for deposit in the revolving fund. The proceeds 33 of the revolving fund are appropriated to and shall be used 34 by the department to maintain, develop, operate, and expand 35 -9- LSB 5073SV (48) 83 ec/rj 9/ 290
S.F. 2088 IowAccess consistent with this subchapter, and for the support 1 of activities of the technology governance board advisory 2 council pursuant to section 8A.204. 3 Sec. 20. REPEAL. Section 8A.223, Code 2009, is repealed. 4 Sec. 21. DEPARTMENT OF ADMINISTRATIVE SERVICES INFORMATION 5 TECHNOLOGY —— UTILIZATION BY LEGISLATIVE AND JUDICIAL 6 BRANCH. The department of administrative services shall 7 consult with and explore opportunities with the legislative 8 and judicial branches of government relative to the providing 9 of information technology services to those branches of 10 government. 11 Sec. 22. CHIEF INFORMATION OFFICER —— CONVENIENCE FEE 12 STUDY. The chief information officer of the state shall 13 conduct a study concerning convenience or other handling fees 14 charged by state agencies by credit or debit card or other 15 electronic means of payment. The goal of the study would be to 16 encourage the elimination of such fees wherever possible. The 17 department shall determine the extent and amount of the fees 18 charged, revenues generated by those fees, and explore ways to 19 reduce or eliminate the fees. The chief information officer 20 shall submit a report to the general assembly by January 15, 21 2011, concerning the results of the study, including any 22 recommendations for legislative consideration. 23 Sec. 23. STATE AGENCY ELECTRONIC RENEWAL NOTICES. State 24 agencies, as defined in section 8A.101, should, to the greatest 25 extent possible, utilize electronic mail or similar electronic 26 means to notify holders of licenses or permits issued by that 27 state agency that the license or permit needs to be renewed. 28 The chief information officer of the state shall assist state 29 agencies in implementing the directive in this section. 30 DIVISION II 31 ELECTRONIC RECORDS 32 Sec. 24. Section 7A.11A, Code 2009, is amended to read as 33 follows: 34 7A.11A Reports to the general assembly. 35 -10- LSB 5073SV (48) 83 ec/rj 10/ 290
S.F. 2088 All reports required to be filed with the general assembly by 1 a state department or agency shall be filed by delivering one 2 printed copy and one copy in electronic format as prescribed by 3 the secretary of the senate and the chief clerk of the house. 4 Sec. 25. STUDY —— CREATION, STORAGE, AND RETENTION OF 5 ELECTRONIC RECORDS —— STATE AGENCIES. The departments of 6 administrative services and cultural affairs, in consultation 7 with the state records commission, shall conduct a study on and 8 make recommendations for the creation, storage, and retention 9 of state agency records in an electronic format and shall 10 submit a report containing the recommendations to the general 11 assembly by December 15, 2010. In conducting the study, the 12 departments shall collect and assess information from each 13 state agency that includes an inventory of each agency’s 14 records including the types of agency records as well as agency 15 records series retention and disposition schedules. The 16 assessment shall include agency records identified as having 17 permanent historical value by the state records commission. 18 The departments shall also describe in the report what 19 efficiencies and cost-saving efforts could be achieved through 20 the creation, storage, and maintenance of such records in an 21 electronic format. 22 DIVISION III 23 PUBLICATION MODERNIZATION 24 Sec. 26. Section 2.42, subsection 13, Code 2009, is amended 25 to read as follows: 26 13. To establish policies with regard to the publishing 27 of printed and electronic versions of legal publications 28 as provided in chapters 2A and 2B, including the Iowa 29 administrative code, the Iowa administrative bulletin, the 30 Iowa Code, the Iowa Code Supplement, and the Iowa Acts Acts, 31 Iowa Code, Code Supplement, Iowa administrative bulletin, 32 Iowa administrative code, and Iowa court rules , or any part 33 of those publications. The publishing policies may include, 34 but are not limited to: the style and format to be used; the 35 -11- LSB 5073SV (48) 83 ec/rj 11/ 290
S.F. 2088 frequency of publication; the contents of the publications; 1 the numbering system systems to be used in the Iowa Code, the 2 Iowa Code Supplement, and the Iowa Acts ; the preparation of 3 editorial comments or notations; the correction of errors; 4 the type of print or electronic media and data processing 5 software to be used; the number of printed volumes to be 6 published; recommended revisions of the Iowa Code, the Iowa 7 Code Supplement, and the Iowa Acts ; the letting of contracts 8 for the publication of the Iowa administrative code, the Iowa 9 administrative bulletin, the Iowa court rules, the Iowa Code, 10 the Iowa Code Supplement, and the Iowa Acts ; the pricing of 11 the publications to which section 22.3 does not apply; access 12 to, and the use, reproduction, legal protection, sale or 13 distribution, and pricing of related data processing software 14 consistent with chapter 22; and any other matters deemed 15 necessary to the publication of uniform and understandable 16 publications. 17 Sec. 27. Section 2A.1, subsection 2, paragraph d, Code 2009, 18 is amended to read as follows: 19 d. Publication of the official legal publications of 20 the state, including but not limited to the Iowa Acts, Iowa 21 Code, Iowa Code Supplement, Iowa Acts, Iowa court rules, Iowa 22 administrative bulletin, and Iowa administrative code , and 23 Iowa court rules as provided in chapter 2B. The legislative 24 services agency shall do all of the following: 25 (1) Designate a legal publication described in chapter 2B as 26 an official legal publication. The legislative services agency 27 may also designate a legal publication as an unofficial legal 28 publication. The legislative services agency may use the great 29 seal of the state of Iowa as provided in section 1A.1 or other 30 symbol to identify an official or unofficial legal publication. 31 (2) Provide for citing official legal publications as 32 provided in chapter 2B. 33 Sec. 28. Section 2A.5, subsection 1, Code 2009, is amended 34 to read as follows: 35 -12- LSB 5073SV (48) 83 ec/rj 12/ 290
S.F. 2088 1. The legislative services agency shall publish the 1 official legal publications of the state as provided in chapter 2 2B. The legislative services agency shall have legal custody of 3 the publications and shall provide for the warehousing, sale, 4 and distribution of the publications. The legislative services 5 agency shall retain or cause to be retained a number of old 6 editions of the publications but may otherwise distribute or 7 cause to be distributed old editions of the publications to any 8 person upon payment by the person of any distribution costs. 9 This section and chapter 2B do not require the legislative 10 services agency to publish a publication in both a printed and 11 electronic version. 12 Sec. 29. Section 2A.5, subsection 2, paragraph b, Code 2009, 13 is amended to read as follows: 14 b. The Iowa Code Supplement. 15 Sec. 30. Section 2A.5, subsection 3, Code 2009, is amended 16 to read as follows: 17 3. The legislative services agency shall in each 18 odd-numbered year compile for publication and distribute in 19 odd-numbered years a printed or electronic version of the Iowa 20 official register for distribution as soon as practicable . 21 The register shall contain historical, political, and other 22 information and statistics of general value but shall not 23 contain information or statistics of a partisan character. The 24 print printed and electronic versions of the register need 25 not contain the same information and statistics but shall be 26 published to provide the greatest access to such information 27 and statistics at the most reasonable cost as determined by the 28 legislative services agency. The different versions of the 29 register may be distributed free of charge, may be distributed 30 free of charge except for postage and handling charges, or 31 may be sold at a price to be established by the legislative 32 services agency. 33 Sec. 31. Section 2A.6, Code 2009, is amended to read as 34 follows: 35 -13- LSB 5073SV (48) 83 ec/rj 13/ 290
S.F. 2088 2A.6 Special distribution of legal publications 1 —— restrictions on free distributions . 2 1. The legislative services agency shall make free 3 distribution of the available electronic or printed versions 4 of the official legal publications listed in section 2A.5, 5 subsection 2 , subject to payment of any routine distribution 6 costs such as but not limited to mailing and handling costs, to 7 the three branches of state government, to elected county 8 officers, to county and city assessors, to Iowa’s congressional 9 delegation, to federal courts in Iowa and federal judges and 10 magistrates for Iowa, and to state and university depository 11 libraries, the library of Congress, and the library of the 12 United States supreme court. Only such officers, offices, and 13 agencies entitled to or receiving free copies during the fiscal 14 year beginning July 1, 2002, and ending June 30, 2003,* shall 15 be entitled to continue to receive free copies in subsequent 16 years, except that successor and new officers, offices, and 17 agencies shall receive a reasonable number of free copies as 18 determined by the legislative services agency. Such officers, 19 offices, and agencies shall annually review the number of 20 copies received in the prior year to determine if the number of 21 copies received can be reduced and shall submit the information 22 in a report to the legislative services agency. The number of 23 copies received, once reduced, shall not be increased to the 24 previous level without the express consent of the legislative 25 services agency. 26 2. Each officer, office, or agency receiving one or more 27 free copies of a publication under this section shall only 28 receive up to the number of copies indicated free at the time 29 of initial distribution. If an officer, office, or agency 30 receiving one or more free copies of a publication under 31 this section desires additional copies beyond the number 32 initially received, the officer, office, or agency must request 33 the additional copies and pay the normal charge for such 34 publication. 35 -14- LSB 5073SV (48) 83 ec/rj 14/ 290
S.F. 2088 3. If a version of a publication provided under this 1 section is available in an electronic format, the legislative 2 services agency may establish policies providing for the 3 substitution of an electronic version for the printed version 4 of the publication, and for the amount of payment, if any, 5 required for the electronic publication. The payment amount 6 shall not be more than established pursuant to section 2A.5 for 7 the same publication. For the Iowa administrative code and 8 its supplements, the legislative services agency may provide 9 that the distribution requirement of this section is met by 10 distributing relevant portions of the Iowa administrative code 11 or its supplements in either a printed or electronic format. 12 4. 2. Notwithstanding any provision of this section to the 13 contrary, the The legislative services agency may review the 14 publication costs and offsetting sales revenues relating to 15 legal publications in electronic and printed formats , and may . 16 If a legal publication is available in an electronic version, 17 the legislative services agency may provide the version free 18 of charge or may charge a fee for any mailing or handling costs 19 in the distribution of the electronic version or may charge a 20 fee for an electronic version which includes programming not 21 originally part of the stored information, including but not 22 limited to search and retrieval functions. The legislative 23 services agency shall establish policies requiring payment for 24 any printed versions of the official legal publications from 25 persons otherwise entitled to receive them at no cost or at 26 a price covering distribution costs to whom the legislative 27 services agency is obligated to make the legal publications 28 available pursuant to subsection 1. The payment amount shall 29 not be more than established pursuant to section 2A.5 for the 30 same publication. 31 Sec. 32. Section 2B.5, subsections 1 and 2, Code 2009, 32 are amended by striking the subsections and inserting in lieu 33 thereof the following: 34 1. Publish the Iowa administrative bulletin and the Iowa 35 -15- LSB 5073SV (48) 83 ec/rj 15/ 290
S.F. 2088 administrative code as provided in section 2B.5A. 1 2. Publish the Iowa court rules as provided in section 2 2B.5B. 3 Sec. 33. Section 2B.5, subsection 3, Code 2009, is amended 4 to read as follows: 5 3. Cause to be published annually a Publish annually an 6 electronic or printed edition of the roster of state officials. 7 The roster of state officials shall include a correct list of 8 state officers and deputies; members of boards and commissions; 9 justices of the supreme court, judges of the court of appeals, 10 and judges of the district courts including district associate 11 judges and judicial magistrates; and members of the general 12 assembly. The office of the governor shall cooperate in the 13 preparation of the list. 14 Sec. 34. NEW SECTION . 2B.5A Iowa administrative bulletin 15 and Iowa administrative code. 16 1. The legislative services agency shall control and 17 maintain in a secure electronic repository custodial 18 information used to produce the Iowa administrative bulletin 19 and the Iowa administrative code. 20 2. In consultation with the administrative rules 21 coordinator, the administrative code editor shall prescribe 22 a uniform style and form required for a person filing a 23 document for publication in the Iowa administrative bulletin 24 or the Iowa administrative code, including but not limited 25 to a rulemaking document. A rulemaking document includes a 26 notice of intended action as provided in section 17A.4 or an 27 adopted rule for filing as provided in section 17A.5. The 28 rulemaking document shall correlate each rule to the uniform 29 numbering system established by the administrative code editor. 30 The administrative code editor shall provide for electronic 31 publication of the Iowa administrative bulletin and the Iowa 32 administrative code. The administrative code editor shall 33 review all submitted documents for style and form and notify 34 the administrative rules coordinator if a rulemaking document 35 -16- LSB 5073SV (48) 83 ec/rj 16/ 290
S.F. 2088 is not in proper style or form, and may return or revise a 1 document which is not in proper style and form. The style 2 and form prescribed shall require that a rulemaking document 3 include a reference to the statute which the rules are intended 4 to implement. 5 3. a. The administrative code editor may omit from the Iowa 6 administrative bulletin or the Iowa administrative code any 7 document for publication in the Iowa administrative bulletin or 8 the Iowa administrative code, if the administrative code editor 9 determines that its publication would be unduly cumbersome, 10 expensive, or otherwise inexpedient. The person filing the 11 document for publication shall provide the administrative 12 code editor with an electronic version of the document. The 13 administrative code editor shall publish the document on the 14 general assembly’s internet site, and publish a notice in the 15 Iowa administrative bulletin or the Iowa administrative code 16 stating the specific subject matter of the omitted document and 17 how the omitted document may be accessed. 18 b. The administrative code editor shall omit or cause to be 19 omitted from the Iowa administrative code any rule or portion 20 of a rule nullified by the general assembly pursuant to Article 21 III, section 40, of the Constitution of the State of Iowa. 22 4. The administrative code editor who receives a 23 publication from an agency because the publication is 24 referenced in the Iowa administrative bulletin or Iowa 25 administrative code shall make the publication available to the 26 public pursuant to section 17A.6. 27 5. The administrative code editor shall publish the Iowa 28 administrative bulletin in accordance with section 2.42 at 29 least every other week, unless the administrative code editor 30 and the administrative rules review committee determine 31 that an alternative publication schedule is preferable. The 32 administrative code editor shall provide for the arrangement of 33 the contents of the Iowa administrative bulletin. 34 a. The Iowa administrative bulletin shall contain all of the 35 -17- LSB 5073SV (48) 83 ec/rj 17/ 290
S.F. 2088 following: 1 (1) Rulemaking documents, including notices of intended 2 action as provided in section 17A.4, and rules adopted and 3 effective immediately upon filing and rules adopted and filed 4 as provided in section 17A.5. 5 (2) Resolutions nullifying administrative rules passed by 6 the general assembly pursuant to Article III, section 40 of the 7 Constitution of the State of Iowa. 8 (3) All proclamations and executive orders of the governor 9 which are general and permanent in nature. 10 (4) Other materials deemed fitting and proper by the 11 administrative rules review committee. 12 (5) Items required to be published by statute. 13 (6) A comprehensive method to search and identify its 14 contents. An electronic version may include search and 15 retrieval programming and index. 16 b. The Iowa administrative bulletin may contain all of the 17 following: 18 (1) A preface. 19 (2) A rulemaking schedule. 20 (3) The agenda for the next meeting of the administrative 21 rules review committee as provided in section 17A.8, if 22 available. 23 (4) A schedule of known public hearings. 24 (5) A list of agencies referenced by agency identification 25 number. 26 6. The administrative code editor shall publish the Iowa 27 administrative code in accordance with section 2.42 at least 28 every other week, unless the administrative code editor and 29 the administrative rules review committee determine that an 30 alternative publication schedule is preferable. However, the 31 legislative services agency may publish supplements in lieu of 32 the Iowa administrative code. The administrative code editor 33 shall provide for the arrangement of the Iowa administrative 34 code. 35 -18- LSB 5073SV (48) 83 ec/rj 18/ 290
S.F. 2088 a. The Iowa administrative code shall include all of the 1 following: 2 (1) Rules of general application adopted and filed with 3 the administrative code editor by state agencies. However, 4 the administrative code editor may delete a rule from the Iowa 5 administrative code if the agency that adopted the rule has 6 ceased to exist, no successor agency has jurisdiction over the 7 rule, and no statutory authority exists supporting the rule. 8 (2) A comprehensive method to search and identify its 9 contents, including rules. 10 (a) An electronic version may include search and retrieval 11 programming and index. 12 (b) A print edition may include an index. 13 b. The Iowa administrative code may include all of the 14 following: 15 (1) A preface. 16 (2) Uniform rules on agency procedure. 17 Sec. 35. NEW SECTION . 2B.5B Iowa court rules. 18 1. The legislative services agency shall control and 19 maintain in a secure electronic repository custodial 20 information used to produce the Iowa court rules. 21 2. The administrative code editor, upon direction by 22 the Iowa supreme court and in accordance with the policies 23 of the legislative council pursuant to section 2.42 and the 24 legislative services agency pursuant to section 2A.1, shall 25 prescribe a uniform style and form required for filing a 26 document for publication in the Iowa court rules. The document 27 shall correlate each rule to the uniform numbering system. 28 The administrative code editor shall provide for electronic 29 publication of the Iowa court rules. The administrative code 30 editor shall review all submitted documents for style and form 31 and notify the Iowa supreme court if a rulemaking document 32 is not in proper style or form, and may return or revise a 33 document which is not in proper style and form. 34 3. a. The administrative code editor shall publish the 35 -19- LSB 5073SV (48) 83 ec/rj 19/ 290
S.F. 2088 Iowa court rules in accordance with section 2.42. However, the 1 legislative services agency may publish supplements in lieu of 2 the Iowa court rules. The administrative code editor shall 3 provide for arrangement of the Iowa court rules in consultation 4 with the Iowa supreme court. 5 b. The Iowa court rules shall include all of the following: 6 (1) Rules prescribed by the supreme court, which may include 7 the Iowa rules of civil procedure, the Iowa rules of criminal 8 procedure, the Iowa rules of evidence, the Iowa rules of 9 appellate procedure, the Iowa rules of professional conduct, 10 and the Iowa code of judicial conduct. 11 (2) A comprehensive method to search and identify its 12 contents, including court rules. 13 (a) An electronic version may include search and retrieval 14 programming and index. 15 (b) A print version shall include an index. 16 c. The Iowa court rules may include all of the following: 17 (1) A preface. 18 (2) Tables, including tables of corresponding rule numbers. 19 Sec. 36. Section 2B.6, subsections 2 and 3, Code 2009, 20 are amended by striking the subsections and inserting in lieu 21 thereof the following: 22 2. Provide for the publication of all of the following: 23 a. The Iowa Acts as provided in section 2B.10. 24 b. The Iowa Code or Code Supplement, as provided in section 25 2B.12. 26 Sec. 37. Section 2B.10, Code 2009, is amended to read as 27 follows: 28 2B.10 Iowa Acts. 29 1. The legislative services agency shall control and 30 maintain in a secure electronic repository custodial 31 information used to produce the Iowa Acts. 32 2. The legislative services agency shall publish the annual 33 edition of the Iowa Acts as soon as possible after the final 34 adjournment of a regular session of the general assembly. The 35 -20- LSB 5073SV (48) 83 ec/rj 20/ 290
S.F. 2088 legislative services agency may also publish an updated edition 1 of the Iowa Acts or a supplement to the Iowa Acts after a 2 special session of the general assembly. 3 1. 3. a. The arrangement of the Acts and resolutions, 4 and the size, style, type, binding, general arrangement, and 5 tables of the Iowa Acts , appearance, and contents of the Iowa 6 Acts shall be printed and published in the manner determined 7 by the Iowa Code editor in accordance with the policies set 8 by the of the legislative council and legislative services 9 agency as provided in section 2.42. 10 2. b. Chapters of The bills and joint resolutions of the 11 Iowa Acts may be arranged by chapter, numbered from one for the 12 first regular session shall be numbered from one and chapters 13 of the second regular session shall be and numbered from one 14 thousand one for the second regular session . 15 4. The Iowa Acts shall include all of the following: 16 a. A preface. 17 b. A table of contents. 18 3. c. A list of elective state officers and deputies, 19 supreme court justices, judges of the court of appeals, 20 and members of the general assembly shall be published annually 21 with the Iowa Acts , and members of Iowa’s congressional 22 delegation . 23 4. d. A statement of the condition of the state treasury 24 shall be included, as provided by Article III, section 18, 25 of the Constitution of the State of Iowa. The statement shall 26 be furnished to the legislative services agency by the director 27 of the department of administrative services. 28 e. An analysis of its chapters. 29 f. The text of bills that have been enacted and joint 30 resolutions that have been enacted or passed by the general 31 assembly, including text indicating items disapproved in 32 appropriation bills. 33 g. Messages transmitted by the governor disapproving items 34 in appropriation bills. 35 -21- LSB 5073SV (48) 83 ec/rj 21/ 290
S.F. 2088 h. A notation of the filing of an estimate of a state 1 mandate prepared by the legislative services agency pursuant 2 to section 25B.5. 3 i. Tables including any analysis of tables. 4 j. A comprehensive method to search and identify its 5 contents, including the text of bills that have been enacted 6 and joint resolutions that have been enacted or passed by the 7 general assembly. 8 (1) An electronic version may include search and retrieval 9 programming and an index and a summary index. 10 (2) A print version may include an index and a summary 11 index. 12 k. Other reference material as determined by the Iowa Code 13 editor in accordance with any policies of the legislative 14 council. 15 5. The enrolling clerks of the house and senate shall 16 arrange for the Iowa Code editor to receive suitable copies of 17 all Acts and resolutions as soon as they are enrolled. 18 6. A notation of the filing of an estimate of a state 19 mandate prepared by the legislative services agency pursuant to 20 section 25B.5 shall be included in the Iowa Acts with the text 21 of an enacted bill or joint resolution containing the state 22 mandate. 23 Sec. 38. Section 2B.12, subsections 1 and 2, Code 2009, are 24 amended to read as follows: 25 1. The legislative services agency shall control and 26 maintain in a secure electronic repository custodial 27 information used to publish the Iowa Code. 28 1. 2. A new Iowa Code shall be issued The legislative 29 services agency shall publish an annual edition of the Iowa 30 Code as soon as possible after the final adjournment of the 31 second a regular session of the a general assembly. A However, 32 the legislative services agency may publish a new Code 33 Supplement shall be issued in lieu of the Iowa Code as soon as 34 possible after the first final adjournment of a regular session 35 -22- LSB 5073SV (48) 83 ec/rj 22/ 290
S.F. 2088 of the a general assembly. A The legislative services agency 1 may publish a new edition of the Iowa Code or Code Supplement 2 may be issued as soon as possible after the final adjournment 3 of a special session of the general assembly or as required by 4 the legislative council . 5 2. The entire Iowa Code shall be maintained on a computer 6 database which shall be updated as soon as possible after 7 each session of the general assembly. The Iowa Code and Code 8 Supplement shall be prepared and printed on a good quality 9 of paper in one or more volumes, in the manner determined by 10 the Iowa Code editor in accordance with the policies of the 11 legislative council, as provided in section 2.42 . 12 Sec. 39. Section 2B.12, subsection 5, Code 2009, is amended 13 by striking the subsection. 14 Sec. 40. Section 2B.12, subsection 6, unnumbered paragraph 15 1, Code 2009, is amended to read as follows: 16 The Iowa Code published after the second regular session of 17 the general assembly shall include all of the following : 18 Sec. 41. Section 2B.12, subsection 6, paragraph a, Code 19 2009, is amended by striking the paragraph. 20 Sec. 42. Section 2B.12, subsection 6, paragraph h, Code 21 2009, is amended by striking the paragraph and inserting in 22 lieu thereof the following: 23 h. The arrangement of the Code into distinct units, as 24 established by the legislative services agency, which may 25 include titles, subunits of titles, chapters, subunits of 26 chapters, and sections, and subunits of sections. The distinct 27 units shall be numbered and may include names. 28 Sec. 43. Section 2B.12, subsection 6, paragraph j, Code 29 2009, is amended to read as follows: 30 j. A comprehensive index and a summary index covering method 31 to search and identify its contents, including the text of the 32 Constitution and statutes of the State of Iowa. 33 (1) An electronic version may include search and retrieval 34 programming, analysis of titles and chapters, and an index and 35 -23- LSB 5073SV (48) 83 ec/rj 23/ 290
S.F. 2088 a summary index. 1 (2) A print version shall include an analysis of titles and 2 chapters, and an index and a summary index. 3 Sec. 44. Section 2B.12, Code 2009, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 6A. The Iowa Code may include all of the 6 following: 7 a. A preface. 8 b. A description of citations to statutes. 9 c. Abbreviations to other publications which may be referred 10 to in the Iowa Code. 11 d. Appropriate historical references or source notes. 12 e. An analysis of the Code by titles and chapters. 13 f. Other reference materials as determined by the Iowa 14 Code editor in accordance with any policies of the legislative 15 council. 16 Sec. 45. Section 2B.12, subsections 7 and 8, Code 2009, are 17 amended to read as follows: 18 7. The A Code Supplement published after the first regular 19 session of the general assembly shall include all of the 20 following : 21 a. All of the The text of statutes of Iowa of a general 22 and permanent nature which that were enacted or amended during 23 that the preceding regular or special session, except as 24 provided in subsection 3 , and ; an indication of all sections 25 repealed during that session , ; and any amendments to the 26 Constitution of the State of Iowa approved by the voters at 27 the preceding general election since the adjournment of the 28 previous regular session of the general assembly . 29 b. A chapter title and number for each chapter or part of a 30 chapter included. 31 c. An index covering the material included A comprehensive 32 method to search and identify its contents, including the text 33 of statutes and the Constitution of the State of Iowa . 34 (1) An electronic version may include search and retrieval 35 -24- LSB 5073SV (48) 83 ec/rj 24/ 290
S.F. 2088 programming and an index and a summary index. 1 (2) A print version may include an index and a summary 2 index. 3 8. A The Iowa Code or Code Supplement may include 4 appropriate tables showing the disposition of Acts of the 5 general assembly, the corresponding sections from edition 6 to edition of a an Iowa Code or Code Supplement, and other 7 reference material as determined by the Iowa Code editor in 8 accordance with policies of the legislative council. 9 Sec. 46. Section 2B.13, subsection 1, unnumbered paragraph 10 1, Code 2009, is amended to read as follows: 11 The Iowa Code editor in preparing the copy for an edition 12 of the Iowa Code or Iowa Code Supplement shall not alter the 13 sense, meaning, or effect of any Act of the general assembly, 14 but may: 15 Sec. 47. Section 2B.13, subsection 2, paragraph f, Code 16 2009, is amended to read as follows: 17 f. Perform any other editorial tasks required or authorized 18 by section 17A.6 2B.5A . 19 Sec. 48. Section 2B.13, subsections 3, 4, 5, and 7, Code 20 2009, are amended to read as follows: 21 3. a. The Iowa Code editor may, in preparing the copy for 22 an edition of the Iowa Code or Iowa Code Supplement, establish 23 standards for and change capitalization, spelling, and 24 punctuation in any Code provision for purposes of uniformity 25 and consistency in Code language. 26 b. The administrative code editor may establish standards 27 for capitalization, spelling, and punctuation for purposes of 28 uniformity and consistency in the Iowa administrative code. 29 4. a. The Iowa Code editor shall seek direction from 30 the senate committee on judiciary and the house committee 31 on judiciary when making Iowa Code or Iowa Code Supplement 32 changes , and the . 33 b. The administrative code editor shall seek direction 34 from the administrative rules review committee and 35 -25- LSB 5073SV (48) 83 ec/rj 25/ 290
S.F. 2088 the administrative rules coordinator when making Iowa 1 administrative code changes, which appear to require 2 substantial editing and which might otherwise be interpreted to 3 exceed the scope of the authority granted in this section. 4 5. The Iowa Code editor may prepare and publish comments 5 deemed necessary for a proper explanation of the manner 6 of printing a section or chapter of the Iowa Code or Code 7 Supplement . The Iowa Code editor shall maintain a record of 8 all of the corrections made under subsection 1. The Iowa Code 9 editor shall also maintain a separate record of the changes 10 made under subsection 1, paragraphs “b” through “h” . The 11 records shall be available to the public. 12 7. a. The effective date of all editorial changes in an 13 edition of the Iowa Code or Iowa Code Supplement is the date 14 of the Iowa Code editor’s approval of the final press proofs 15 for the statutory text contained within that publication. The 16 effective date of all editorial changes for the or an edition 17 of the Iowa administrative code is the its publication date 18 those changes are published in the Iowa administrative code . A 19 publication date is the date the publication is conclusively 20 presumed to be complete, incorporating all revisions or 21 editorial changes. 22 b. The publication date for the publications are as follows: 23 (1) For the Iowa Code or Code Supplement, the publication 24 date is the first day of the next regular session of the 25 general assembly convened pursuant to Article III, section 26 2, of the Constitution of the State of Iowa. However, the 27 legislative services agency may establish an alternative 28 publication date, which may be the date that the publication is 29 first available to the public accessing the general assembly’s 30 internet site. The legislative services agency shall provide 31 notice of such an alternative publication date on the general 32 assembly’s internet site. 33 (2) The publication date for the Iowa administrative code 34 is the date that it is first available to the public accessing 35 -26- LSB 5073SV (48) 83 ec/rj 26/ 290
S.F. 2088 the general assembly’s internet site according to a publication 1 schedule provided in section 2B.5A. 2 c. A publication designated by the legislative services 3 agency as unofficial shall not be used to establish a 4 publication date. 5 Sec. 49. Section 2B.17, Code 2009, is amended by striking 6 the section and inserting in lieu thereof the following: 7 2B.17 Official legal publications —— citations. 8 1. An official legal publication designated as such by 9 the legislative services agency as provided in sections 2.42 10 and 2A.1, is the official and authoritative version of the 11 statutes, administrative rules, or court rules of the state of 12 Iowa. 13 2. a. The codified version of the state’s constitution 14 shall be known as the Constitution of the State of Iowa. 15 b. For statutes, the official versions of publications 16 shall be known as the Iowa Acts, the Iowa Code, and the Code 17 Supplement. 18 c. For administrative rules, the official versions of the 19 publications shall be known as the Iowa Administrative Bulletin 20 and the Iowa Administrative Code. 21 d. For court rules, the official version of the publication 22 shall be known as the Iowa Court Rules. 23 3. The legislative services agency may adopt a style manual 24 providing a uniform system of citing the codified Constitution 25 of the State of Iowa and the official versions of publications 26 listed in subsection 2, including by reference to commonly 27 accepted legal sources. The legislative services agency 28 style manual may provide for a different form of citation 29 for electronic and printed versions of the same publication. 30 Nothing in this section affects rules for style and format 31 adopted pursuant to section 2.42. 32 4. The codified Constitution of the State of Iowa, and 33 statutes enacted and joint resolutions enacted or passed by the 34 general assembly shall be cited as follows: 35 -27- LSB 5073SV (48) 83 ec/rj 27/ 290
S.F. 2088 a. The codified Constitution of the State of Iowa shall 1 be cited as the Constitution of the State of Iowa, with a 2 reference identifying the preamble or boundaries, or article, 3 section, and subunit of a section. Subject to the legislative 4 services agency style manual, the Constitution of the State of 5 Iowa may be cited as the Iowa Constitution. 6 b. The Iowa Acts shall be cited as the Iowa Acts with 7 a reference identifying the year of the publication in 8 conformance with section 2.2, and the chapter of a bill 9 enacted or joint resolution enacted or passed during a regular 10 session, or in the alternative the bill or joint resolution 11 chamber designation, and the section of the chapter or bill 12 or subunit of a section. A bill or joint resolution enacted 13 or passed during a special session shall be cited by the 14 extraordinary session designation in conformance with section 15 2.2. If the Iowa Acts have not been published, a bill or joint 16 resolution may be cited by its bill or joint resolution chamber 17 designation. 18 c. The Iowa Code shall be cited as the Iowa Code. The Code 19 Supplement shall be cited as the Code Supplement. Subject 20 to the legislative services agency style manual, the Iowa 21 Code may be cited as the Code of Iowa or Code and the Code 22 Supplement may be cited as the Iowa Code Supplement, with 23 references identifying parts of the publication, including 24 but not limited to title or chapter, section, or subunit of a 25 section. If the citation refers to a past edition of the Iowa 26 Code or Code Supplement, the citation shall identify the year 27 of publication. 28 5. Administrative rules shall be cited as follows: 29 a. The Iowa Administrative Bulletin shall be cited as 30 the IAB, with references identifying the volume number which 31 may be based on a fiscal year cycle, the issue number, and 32 the ARC number assigned to the rulemaking document by the 33 administrative rules coordinator pursuant to section 17A.4. 34 Subject to the legislative services agency style manual, the 35 -28- LSB 5073SV (48) 83 ec/rj 28/ 290
S.F. 2088 citation may also include the publication’s page number. 1 b. The Iowa Administrative Code shall be cited as the IAC, 2 with references to an agency’s identification number placed at 3 the beginning of the citation and with references to parts of 4 the publication, including but not limited to chapter, rule, or 5 subunit of a rule. 6 6. The Iowa Court Rules shall be cited as the Iowa Court 7 Rules, with references to the rule number and to subunits 8 of the publication, which may include but are not limited 9 to the Iowa Rules of Civil Procedure, the Iowa Rules of 10 Criminal Procedure, the Iowa Rules of Evidence, the Iowa 11 Rules of Appellate Procedure, the Iowa Rules of Professional 12 Conduct, and the Iowa Code of Judicial Conduct. Subject to 13 the legislative services agency style manual, the names of the 14 rules may be abbreviated. 15 Sec. 50. NEW SECTION . 2B.18 Iowa Code editor and 16 administrative code editor —— custody and authentication. 17 1. The Iowa Code editor is the custodian of the official 18 legal publications known as the Iowa Acts, Iowa Code, and 19 Code Supplement. The Iowa Code editor may attest to and 20 authenticate any portion of such official legal publication 21 for purposes of admitting a portion of the official legal 22 publication in any court or office of any state, territory, or 23 possession of the United States or in a foreign jurisdiction. 24 2. The administrative code editor is the custodian of the 25 official legal publications known as the Iowa administrative 26 bulletin, the Iowa administrative code, and the Iowa court 27 rules. The administrative code editor may attest to and 28 authenticate any portion of such official legal publication 29 for purposes of admitting a portion of the official legal 30 publication in any court or office of any state, territory, or 31 possession of the United States or in a foreign jurisdiction. 32 Sec. 51. Section 7.17, subsection 2, Code 2009, is amended 33 by striking the subsection. 34 Sec. 52. Section 17A.4, subsection 1, paragraph a, Code 35 -29- LSB 5073SV (48) 83 ec/rj 29/ 290
S.F. 2088 2009, is amended to read as follows: 1 a. Give notice of its intended action by submitting 2 the notice to the administrative rules coordinator and 3 the administrative code editor. The administrative rules 4 coordinator shall assign an ARC number to each rulemaking 5 document. The administrative code editor shall publish 6 each notice meeting the requirements of this chapter in the 7 Iowa administrative bulletin created pursuant to section 8 17A.6 2B.5A . Any notice of intended action shall be published 9 at least thirty-five days in advance of the action. The notice 10 shall include a statement of either the terms or substance of 11 the intended action or a description of the subjects and issues 12 involved, and the time when, the place where, and the manner in 13 which interested persons may present their views. 14 Sec. 53. Section 17A.6, Code 2009, is amended by striking 15 the section and inserting in lieu thereof the following: 16 17A.6 Publications. 17 1. The administrative code editor shall publish the Iowa 18 administrative bulletin and the Iowa administrative code as 19 provided in section 2B.5A. 20 2. An agency which adopts standards by reference to 21 another publication shall deliver an electronic copy of 22 the publication, or the relevant part of the publication, 23 containing the standards to the administrative code editor 24 who shall publish it on the general assembly’s internet site. 25 If an electronic copy of the publication is not available, 26 the agency shall deliver a printed copy of the publication to 27 the administrative code editor who shall deposit the copy in 28 the state law library where it shall be made available for 29 inspection and reference. 30 Sec. 54. Section 89.5, subsection 3, unnumbered paragraph 31 1, Code 2009, is amended to read as follows: 32 A rule adopted pursuant to this chapter which adopts 33 standards by reference to another publication shall be exempt 34 from the requirements of section 17A.6 2B.5A , subsection 4, if 35 -30- LSB 5073SV (48) 83 ec/rj 30/ 290
S.F. 2088 the following conditions exist: 1 Sec. 55. Section 89A.3, subsection 5, unnumbered paragraph 2 1, Code Supplement 2009, is amended to read as follows: 3 A rule adopted pursuant to this section which adopts 4 standards by reference to another publication shall be exempt 5 from the requirements of section 17A.6 2B.5A , subsection 4, if 6 the following conditions exist: 7 Sec. 56. Section 256.53, Code 2009, is amended to read as 8 follows: 9 256.53 State publications. 10 Upon issuance of a state publication in any format, a 11 state agency shall deposit with provide the division with 12 an electronic version of the publication at no cost to the 13 division , seventy-five copies of the publication or a lesser 14 number if specified by the division, except as provided in 15 section 2A.6 . 16 Sec. 57. Section 267.6, Code 2009, is amended to read as 17 follows: 18 267.6 Iowa administrative procedure Act. 19 The provisions of chapter 17A shall not apply to the council 20 or any actions taken by it, except that any recommendations 21 adopted by the council pursuant to section 267.5, subsection 22 3, and any rules adopted by the council shall be adopted, 23 amended, or repealed only after compliance with the provisions 24 of sections 17A.4 , and 17A.5, and 17A.6 the publication 25 requirements in section 2B.5A . 26 DIVISION IV 27 STATE BUDGETING AND PERSONNEL 28 Sec. 58. Section 8.36A, subsection 2, Code 2009, is amended 29 to read as follows: 30 2. a. If a department or establishment has reached or 31 anticipates reaching the full-time equivalent position level 32 authorized for the department but determines that conversion 33 of a contract position to a full-time equivalent position 34 would result in cost savings while providing comparable or 35 -31- LSB 5073SV (48) 83 ec/rj 31/ 290
S.F. 2088 better services, the department or establishment may request 1 the director of the department of management to approve the 2 conversion and addition of the full-time equivalent position. 3 The request shall be accompanied by evidence demonstrating how 4 the cost savings and service quality will be achieved through 5 the conversion. If approved by the director of the department 6 of management, the department’s or establishment’s authorized 7 full-time equivalent position level shall be increased 8 accordingly and the revised level shall be reported to the 9 fiscal committee of the legislative council and the legislative 10 services agency. 11 b. A department or establishment shall not convert a 12 full-time equivalent position authorized for the department 13 or establishment to a contract position and shall not use 14 appropriated moneys for such a contract position unless the 15 department or establishment receives approval from the director 16 of the department of management to convert the full-time 17 equivalent position to a contract position. The director of 18 the department of management shall not approve the conversion 19 unless the department or establishment submits sufficient 20 evidence that the conversion would result in cost savings while 21 providing comparable or better services. 22 Sec. 59. Section 8.62, subsection 2, Code Supplement 2009, 23 is amended to read as follows: 24 2. Notwithstanding the provisions of section 8.33 or any 25 other provision of law to the contrary, if on June 30 of a 26 fiscal year, a balance of an operational appropriation remains 27 unexpended or unencumbered, not more than fifty percent of 28 the balance may be encumbered by the agency to which the 29 appropriation was made and used as provided in this section and 30 the remaining balance shall be deposited in the cash reserve 31 fund created in section 8.56. Moneys encumbered under this 32 section shall only be used by the agency during the succeeding 33 fiscal year for internet-based employee training, technology 34 enhancement, or purchases of goods and services from Iowa 35 -32- LSB 5073SV (48) 83 ec/rj 32/ 290
S.F. 2088 prison industries. Unused moneys encumbered under this section 1 shall be deposited in the cash reserve fund on June 30 of the 2 succeeding fiscal year. 3 Sec. 60. Section 8A.413, Code Supplement 2009, is amended by 4 adding the following new subsection: 5 NEW SUBSECTION . 24. For the development and operation of 6 programs to promote job sharing, telecommuting, and flex-time 7 opportunities for employment within the executive branch. 8 Sec. 61. COMMUNITY-BASED CORRECTIONS —— STATE ACCOUNTING 9 SYSTEM. Each judicial district department of correctional 10 services shall utilize the state accounting system for purposes 11 of tracking both appropriations and expenditures. Each 12 judicial district department shall coordinate its accounting 13 activities with the department of management for purposes of 14 implementing the requirements of this section. 15 Sec. 62. STATE AGENCY EFFICIENCY EFFORTS. 16 1. LEAN EFFORTS. State agencies shall budget for and plan 17 to conduct lean events as described in section 8.70. Each 18 state agency shall coordinate its activities with the office 19 of lean enterprise created in section 8.70 in developing plans 20 to conduct lean events. 21 2. SHARED RESOURCES. State agencies are encouraged to 22 share resources and services, including staff, training, and 23 educational services, to the greatest extent possible in order 24 to best fulfill the duties of each agency at the least cost. 25 Sec. 63. CONTRACT SERVICES —— TRAINING. 26 1. Each department, as defined in section 8.2, shall 27 separately track the budget and actual expenditures for 28 contract services and for employee training for each 29 appropriation line item. 30 2. The terms of the contracts for contracted services 31 entered into or revised during the fiscal year shall 32 incorporate quality assurance and cost control measures. 33 3. The employee training tracking information shall be 34 further divided into training categories. Each department’s 35 -33- LSB 5073SV (48) 83 ec/rj 33/ 290
S.F. 2088 report on training tracking shall specifically address the use 1 of electronically based training. 2 4. Each department shall report quarterly to the 3 legislative services agency concerning the budget, expenditure, 4 quality assurance, and cost control information addressed by 5 this section. 6 Sec. 64. FULL-TIME EQUIVALENT POSITIONS —— VACANCIES —— 7 FUNDING. For the fiscal year beginning July 1, 2010, and 8 ending June 30, 2011, the following shall apply: 9 1. If a full-time equivalent position authorized for a 10 department or establishment remains vacant for a period of 11 at least six months, the department’s or establishment’s 12 authorized full-time equivalent position level shall 13 be decreased accordingly. However, the department or 14 establishment may request the director of the department of 15 management to reauthorize the full-time equivalent position if 16 the department or establishment can establish that the position 17 is difficult to fill and is critical for fulfilling the duties 18 of the department or establishment. 19 2. Moneys appropriated to a department or establishment 20 and designated by the department or establishment in the 21 department’s or establishment’s adopted budget in the state 22 accounting system for full-time equivalent positions shall only 23 be used for full-time equivalent positions and shall not be 24 used for other purposes. 25 Sec. 65. JOINT APPROPRIATIONS SUBCOMMITTEES —— REVIEW OF 26 AGENCY FEES. Each joint appropriations subcommittee of the 27 general assembly shall examine and review on an annual basis 28 the fees charged by state agencies under the purview of that 29 joint appropriations subcommittee. 30 DIVISION V 31 SPAN OF CONTROL 32 Sec. 66. Section 8A.402, subsection 2, paragraph g, Code 33 Supplement 2009, is amended to read as follows: 34 g. (1) (a) Consult with the department of management 35 -34- LSB 5073SV (48) 83 ec/rj 34/ 290
S.F. 2088 and discuss and collaborate with executive branch agencies to 1 implement and maintain a policy for incrementally increasing 2 the aggregate ratio in the number of employees per 3 supervisor supervisory employee in executive branch agencies 4 to be fourteen employees for one supervisor . For purposes of 5 determining the effects of the policy on the state employee 6 workforce, the base date of July 1, 2008, shall be used and the 7 target date for full implementation shall be July 1, 2011 2016 . 8 The target aggregate ratio of supervisory employees to other 9 employees shall be as follows: 10 (i) For the fiscal year beginning July 1, 2010, one to 11 fourteen. 12 (ii) For the fiscal year beginning July 1, 2011, one to 13 fifteen. 14 (iii) For the fiscal year beginning July 1, 2012, one to 15 sixteen. 16 (iv) For the fiscal year beginning July 1, 2013, one to 17 seventeen. 18 (v) For the fiscal year beginning July 1, 2014, one to 19 eighteen. 20 (vi) For the fiscal year beginning July 1, 2015, one to 21 nineteen. 22 (vii) For the fiscal year beginning July 1, 2016, one to 23 twenty. 24 (b) For the purposes of this paragraph “g” , “supervisory 25 employee” means a public employee who is not a member of a 26 collective bargaining unit and who has authority, in the 27 interest of a public employer, to hire, transfer, suspend, lay 28 off, recall, promote, discharge, assign, reward, or discipline 29 other public employees, to direct such public employees, or 30 to adjust the grievances of such public employees, or to 31 effectively recommend any such action. 32 (c) In this paragraph “g” , executive branch agencies shall 33 not grant a supervisory employee with the right to replace or 34 bump a junior employee not being laid off for a position for 35 -35- LSB 5073SV (48) 83 ec/rj 35/ 290
S.F. 2088 which the supervisory employee is qualified. 1 (b) (d) The policy shall allow appropriation units 2 with twenty-eight or fewer full-time equivalent employee 3 positions to apply for an exception to the policy through the 4 executive council. The policy shall allow for exceptions 5 when the supervisory employee ratio is mandated by a federal 6 requirement. 7 (e) The policy shall provide that if layoffs are 8 implemented, the number of middle management position layoffs 9 shall correspond to the relative number of direct service 10 position layoffs. 11 (f) The policy shall improve on the system in effect as 12 of the base date by specifically defining and accounting for 13 supervisory employee span of control. 14 (c) (g) The department shall present an interim report 15 to the governor and general assembly on or before April 1, 16 2010, annual updates on or before April 1 subsequently, and a 17 final report on or before April 1, 2011 2017 , detailing the 18 effects of the policy on the composition of the workforce, cost 19 savings, government efficiency, and outcomes. 20 (d) The policy developed pursuant to this paragraph 21 “g” shall not encompass employees under the state board of 22 regents, the department of human services, or a judicial 23 district department of correctional services. However, the 24 department of administrative services shall work with the 25 state board of regents, the department of human services, and 26 the judicial district departments of correctional services to 27 advance the policy as a goal for the supervisory staff of these 28 units of state government. 29 (2) Evaluate the state’s systems for job classification of 30 executive branch employees in order to ensure the existence 31 of technical skill-based career paths for such employees 32 which do not depend upon an employee gaining supervisory 33 responsibility for advancement, and which provide incentives 34 for such employees to broaden their knowledge and skill base. 35 -36- LSB 5073SV (48) 83 ec/rj 36/ 290
S.F. 2088 The evaluation shall include but is not limited to a review 1 of the classifications for all noncontract positions and 2 providing options for eliminating obsolete, duplicative, or 3 unnecessary job classifications. The department shall present 4 interim reports to the general assembly on or before January 5 15, 2010, and January 14, 2011, concerning the department’s 6 progress in completing the evaluation and associated outcomes. 7 Sec. 67. EFFECTIVE UPON ENACTMENT. This division of this 8 Act, being deemed of immediate importance, takes effect upon 9 enactment. 10 DIVISION VI 11 DEPARTMENT OF ADMINISTRATIVE SERVICES —— PURCHASING 12 Sec. 68. Section 8A.302, subsection 1, Code 2009, is amended 13 to read as follows: 14 1. Providing a system of uniform standards and 15 specifications for purchasing. When the system is developed, 16 all items of general use shall be purchased by state agencies 17 through the department , except items used by . However, 18 the department may authorize the state department of 19 transportation, institutions under the control of the state 20 board of regents, the department for the blind, and any other 21 agencies otherwise exempted by law from centralized purchasing, 22 to directly purchase items used by those agencies without going 23 through the department, if the department of administrative 24 services determines such purchasing is in the best interests 25 of the state . However, items of general use may be purchased 26 through the department by any governmental entity. 27 Sec. 69. Section 8A.311, subsection 10, paragraph a, Code 28 2009, is amended to read as follows: 29 a. The director shall adopt rules providing that any state 30 agency may, upon request and approval by the department , 31 purchase directly from a vendor if the direct purchasing is 32 as economical or more economical than purchasing through the 33 department, or upon a showing if the agency shows that direct 34 purchasing by the state agency would be in the best interests 35 -37- LSB 5073SV (48) 83 ec/rj 37/ 290
S.F. 2088 of the state due to an immediate or emergency need . The rules 1 shall include a provision permitting a state agency to purchase 2 directly from a vendor, on the agency’s own authority , or if 3 the purchase will not exceed ten thousand dollars and the 4 purchase will would contribute to the agency complying with or 5 exceeding the targeted small business procurement goals under 6 sections 73.15 through 73.21. 7 Sec. 70. NEW SECTION . 8A.311A Centralized purchasing. 8 1. The department may designate goods and services of 9 general use that agencies shall, and governmental subdivisions 10 may, purchase pursuant to a master contract established by the 11 department for that good or service. The department shall 12 establish a master contract subject to the requirements of 13 this section if the department determines that a high-quality 14 good or service can be acquired by agencies and governmental 15 subdivisions at lower cost through the establishment of a 16 master contract. 17 2. The department shall establish a master contract 18 pursuant to this section on a competitive basis, and the 19 purchase of a good or service pursuant to the contract shall be 20 deemed to satisfy any otherwise applicable competitive bidding 21 requirements. 22 3. Upon the establishment of a master contract for a good or 23 service pursuant to this section, an agency shall purchase the 24 good or service pursuant to the contract, and shall not expend 25 money to purchase the good or service directly from a vendor 26 and not through the contract, unless any of the following 27 applies: 28 a. The department determines, upon a request by the agency, 29 that the agency can satisfy the requirements for purchase of 30 the good or service directly from a vendor as provided in 31 section 8A.311, subsection 10, paragraph “a” . 32 b. The agency is purchasing the good or service pursuant 33 to another contract in effect on the effective date of the 34 master contract. However, the agency shall terminate the 35 -38- LSB 5073SV (48) 83 ec/rj 38/ 290
S.F. 2088 other contract if the contract permits the termination of the 1 contract without penalty and the agency shall not renew the 2 other contract beyond the current term of the other contract. 3 Sec. 71. Section 8A.312, Code 2009, is amended to read as 4 follows: 5 8A.312 Cooperative purchasing. 6 The director may purchase items through the state department 7 of transportation, institutions under the control of the state 8 board of regents, and any other agency otherwise exempted by 9 law from centralized purchasing for items authorized by the 10 department to be exempt . These state agencies shall upon 11 request furnish the director with a list of and specifications 12 for all items of office equipment, furniture, fixtures, 13 motor vehicles, heavy equipment, and other related items to 14 be purchased during the next quarter and the date by which 15 the director must file with the agency the quantity of items 16 to be purchased by the state agency for the department. 17 The department shall be liable to the state agency for the 18 proportionate costs the items purchased for the department bear 19 to the total purchase price. When items purchased have been 20 delivered, the state agency shall notify the director and after 21 receipt of the purchase price shall release the items to the 22 director or upon the director’s order. 23 Sec. 72. Section 307.21, subsection 1, paragraph d, Code 24 Supplement 2009, is amended to read as follows: 25 d. Provide centralized purchasing services for the 26 department, in cooperation with if authorized by the department 27 of administrative services. The administrator shall, when 28 the price is reasonably competitive and the quality as 29 intended, purchase soybean-based inks and plastic products with 30 recycled content, including but not limited to plastic garbage 31 can liners, and shall purchase these items in accordance 32 with the schedule established in section 8A.315. However, 33 the administrator need not purchase garbage can liners in 34 accordance with the schedule if the liners are utilized by a 35 -39- LSB 5073SV (48) 83 ec/rj 39/ 290
S.F. 2088 facility approved by the environmental protection commission 1 created under section 455A.6, for purposes of recycling. For 2 purposes of this section, “recycled content” means that the 3 content of the product contains a minimum of thirty percent 4 postconsumer material. 5 Sec. 73. STATE GOVERNMENT PURCHASING EFFORTS —— DEPARTMENT 6 OF ADMINISTRATIVE SERVICES. In order to facilitate efficient 7 and cost-effective purchasing, the department of administrative 8 services shall do the following: 9 1. Require state agencies to provide the department a report 10 regarding planned purchases on an annual basis and to report 11 on an annual basis regarding efforts to standardize products 12 and services within their own agencies and with other state 13 agencies. 14 2. Require state employees who conduct bids for services to 15 receive training on an annual basis about procurement rules and 16 regulations and procurement best practices. 17 3. Identify procurement compliance employees within the 18 department. 19 4. Review the process and basis for establishing 20 departmental fees for purchasing. 21 5. Establish a work group to collaborate on best practices 22 to implement the best cost savings for the state concerning 23 purchasing. 24 6. Explore interstate and intergovernmental purchasing 25 opportunities and encourage the legislative and judicial 26 branches to participate in consolidated purchasing and 27 efficiencies wherever possible. 28 7. Expand the use of procurement cards throughout state 29 government to facilitate purchasing of items by state agencies. 30 DIVISION VII 31 DEPARTMENT OF ADMINISTRATIVE SERVICES —— OPERATIONS 32 Sec. 74. Section 8A.104, Code 2009, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 12A. Examine and develop best practices 35 -40- LSB 5073SV (48) 83 ec/rj 40/ 290
S.F. 2088 for the efficient operation of government and encourage state 1 agencies to adopt and implement these practices. 2 Sec. 75. NEW SECTION . 8A.459 State employee pay and 3 allowances —— electronic funds transfer. 4 Effective July 1, 2011, notwithstanding any provision of 5 law to the contrary, all pay and allowances to state employees 6 shall be paid via electronic funds transfer, unless otherwise 7 provided pursuant to a collective bargaining agreement. A 8 state employee may elect to receive pay and allowances as 9 paper warrants in lieu of electronic funds transfers, but the 10 department shall charge an administrative fee for processing 11 such paper warrants. However, the department may, for good 12 cause shown, waive the administrative fee. The fee may be 13 automatically deducted from the state employee’s pay and 14 allowances before the warrant is issued to the state employee. 15 Sec. 76. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 16 STREAMLINED HIRING. The department of administrative services 17 shall, in consultation with the department of management, 18 examine the process by which state agencies hire personnel 19 with the goal of simplifying and reducing the steps needed 20 for state agencies to hire personnel. The department shall 21 provide information to the general assembly concerning steps 22 taken to implement a more streamlined hiring process and any 23 recommendations for legislative action. 24 Sec. 77. DEPARTMENT OF ADMINISTRATIVE SERVICES —— REAL 25 ESTATE AND LEASE MANAGEMENT. 26 1. REAL ESTATE AUDIT. The department of administrative 27 services shall complete an inventory of surplus and unused 28 state properties, including properties owned or under the 29 control of the state board of regents and department of 30 transportation, and recommend which assets could be sold at a 31 premium price. State historic buildings would not be eligible 32 for sale and only those assets identified as being surplus and 33 no longer related to their mission would be eligible for sale. 34 2. LEASE AUDIT. The department of administrative services 35 -41- LSB 5073SV (48) 83 ec/rj 41/ 290
S.F. 2088 shall conduct a thorough review of all state office leases 1 and wherever possible, require state agencies to consolidate 2 office spaces that are rented from private sector landlords. 3 In addition, the department should work directly with all state 4 agencies to begin renegotiating office leases to obtain more 5 favorable lease terms. 6 3. SALE AND LEASEBACK OF STATE OFFICE BUILDING ASSETS. The 7 department of administrative services shall explore potential 8 opportunities for state agencies and the state board of regents 9 to sell some properties to a private sector owner and then 10 lease them back. 11 4. REPORT. The department shall submit a report to 12 the general assembly by January 1, 2011, concerning the 13 requirements of this section. The report shall, if applicable, 14 identify any statutory barriers for pursuing efforts described 15 in this section and shall include in the report its findings 16 and any recommendations for legislative action. 17 Sec. 78. DEPARTMENT OF ADMINISTRATIVE SERVICES 18 —— SALE OF REAL PROPERTY. 19 1. During the fiscal year beginning July 1, 2010, and ending 20 June 30, 2011, the department of administrative services, 21 in collaboration with the department of human services 22 and the department of corrections, shall identify and sell 23 real property under the control of the departments that is 24 not necessary to further the mission of the department of 25 human services and the department of corrections and that 26 will maximize the return to the state. Notwithstanding any 27 provision of law to the contrary, moneys received for the sale 28 of property pursuant to this subsection shall be deposited in 29 the general fund of the state. 30 2. During the fiscal year beginning July 1, 2010, and 31 ending June 30, 2011, the department of administrative services 32 shall, pursuant to the real estate and lease management review 33 conducted by the department as provided in this Act, identify 34 and sell or sell and lease back real property under the control 35 -42- LSB 5073SV (48) 83 ec/rj 42/ 290
S.F. 2088 of the department that will maximize the return to the state. 1 Notwithstanding any provision of law to the contrary, moneys 2 received for the sale of property pursuant to this subsection 3 shall be deposited in the general fund of the state. 4 DIVISION VIII 5 ALCOHOLIC BEVERAGES DIVISION —— REORGANIZATION 6 Sec. 79. Section 22.7, subsection 24, Code Supplement 2009, 7 is amended to read as follows: 8 24. Records of purchases of alcoholic liquor from 9 the alcoholic beverages division of the department of 10 commerce revenue which would reveal purchases made by an 11 individual class “E” liquor control licensee. However, the 12 records may be revealed for law enforcement purposes or for the 13 collection of payments due the division pursuant to section 14 123.24. 15 Sec. 80. Section 123.3, subsection 14, Code 2009, is amended 16 to read as follows: 17 14. “Division” means the alcoholic beverages division of the 18 department of commerce revenue established by this chapter. 19 Sec. 81. Section 123.4, Code 2009, is amended to read as 20 follows: 21 123.4 Alcoholic beverages division created. 22 An alcoholic beverages division is created within the 23 department of commerce revenue to administer and enforce the 24 laws of this state concerning beer, wine, and alcoholic liquor. 25 Sec. 82. Section 123.14, subsection 2, Code 2009, is amended 26 to read as follows: 27 2. The county attorney, the county sheriff and the 28 sheriff’s deputies, and the police department of every city, 29 and the alcoholic beverages division of the department of 30 commerce revenue , shall be supplementary aids to the department 31 of public safety. Any neglect, misfeasance, or malfeasance 32 shown by any peace officer included in this section shall be 33 sufficient cause for the peace officer’s removal as provided by 34 law. This section shall not be construed to affect the duties 35 -43- LSB 5073SV (48) 83 ec/rj 43/ 290
S.F. 2088 and responsibilities of any county attorney or peace officer 1 with respect to law enforcement. 2 Sec. 83. Section 123.53, subsections 4, 5, and 6, Code 3 Supplement 2009, are amended to read as follows: 4 4. The treasurer of state shall, each quarter, prepare 5 an estimate of the gaming revenues and of the moneys to be 6 deposited in the beer and liquor control fund that will become 7 available during the remainder of the appropriate fiscal year 8 for the purposes described in subsection 3. The department of 9 management, the department of inspections and appeals, and the 10 department of commerce revenue shall take appropriate actions 11 to provide that the sum of the amount of gaming revenues 12 available to be deposited into the revenue bonds debt service 13 fund during a fiscal year and the amount of moneys to be 14 deposited in the beer and liquor control fund available to 15 be deposited into the revenue bonds debt service fund during 16 such fiscal year will be sufficient to cover any anticipated 17 deficiencies. 18 5. After any transfer provided for in subsection 3 is 19 made, the department of commerce revenue shall transfer into a 20 special revenue account in the general fund of the state, a sum 21 of money at least equal to seven percent of the gross amount 22 of sales made by the division from the beer and liquor control 23 fund on a monthly basis but not less than nine million dollars 24 annually. Of the amounts transferred, two million dollars, 25 plus an additional amount determined by the general assembly, 26 shall be appropriated to the Iowa department of public health 27 for use by the staff who administer the comprehensive substance 28 abuse program under chapter 125 for substance abuse treatment 29 and prevention programs. Any amounts received in excess of the 30 amounts appropriated to the Iowa department of public health 31 for use by the staff who administer the comprehensive substance 32 abuse program under chapter 125 shall be considered part of the 33 general fund balance. 34 6. After any transfers provided for in subsections 3 and 35 -44- LSB 5073SV (48) 83 ec/rj 44/ 290
S.F. 2088 5, the department of commerce revenue shall transfer to the 1 division from the beer and liquor control fund and before any 2 other transfer to the general fund, an amount sufficient to pay 3 the costs incurred by the division for collecting and properly 4 disposing of the liquor containers. 5 Sec. 84. Section 142A.3, subsection 5, paragraph e, Code 6 Supplement 2009, is amended to read as follows: 7 e. The alcoholic beverages division of the department of 8 commerce revenue . 9 Sec. 85. Section 142A.4, subsection 14, Code Supplement 10 2009, is amended to read as follows: 11 14. Approve contracts entered into with the alcoholic 12 beverages division of the department of commerce revenue , to 13 provide for enforcement of tobacco laws and regulations. 14 Sec. 86. Section 142A.5, subsection 1, paragraph e, Code 15 2009, is amended to read as follows: 16 e. Enter into contracts with the alcoholic beverages 17 division of the department of commerce revenue , to provide 18 enforcement of tobacco laws and regulations. Such contracts 19 shall require that enforcement efforts include training of 20 local authorities who issue retailer permits and education of 21 retailers. 22 Sec. 87. Section 321.19, subsection 1, unnumbered paragraph 23 2, Code 2009, is amended to read as follows: 24 The department shall furnish, on application, free of 25 charge, distinguishing plates for vehicles thus exempted, 26 which plates except plates on state patrol vehicles shall bear 27 the word “official” and the department shall keep a separate 28 record. Registration plates issued for state patrol vehicles, 29 except unmarked patrol vehicles, shall bear two red stars 30 on a yellow background, one before and one following the 31 registration number on the plate, which registration number 32 shall be the officer’s badge number. Registration plates 33 issued for county sheriff’s patrol vehicles shall display one 34 seven-pointed gold star followed by the letter “S” and the call 35 -45- LSB 5073SV (48) 83 ec/rj 45/ 290
S.F. 2088 number of the vehicle. However, the director of the department 1 of administrative services or the director of transportation 2 may order the issuance of regular registration plates for any 3 exempted vehicle used by peace officers in the enforcement 4 of the law, persons enforcing chapter 124 and other laws 5 relating to controlled substances, persons in the department of 6 justice, the alcoholic beverages division of the department of 7 commerce revenue , disease investigators of the Iowa department 8 of public health, the department of inspections and appeals, 9 and the department of revenue, who are regularly assigned to 10 conduct investigations which cannot reasonably be conducted 11 with a vehicle displaying “official” state registration plates, 12 persons in the Iowa lottery authority whose regularly assigned 13 duties relating to security or the carrying of lottery tickets 14 cannot reasonably be conducted with a vehicle displaying 15 “official” registration plates, persons in the department of 16 economic development who are regularly assigned duties relating 17 to existing industry expansion or business attraction, and 18 mental health professionals or health care professionals who 19 provide off-site or in-home medical or mental health services 20 to clients of publicly funded programs. For purposes of sale 21 of exempted vehicles, the exempted governmental body, upon the 22 sale of the exempted vehicle, may issue for in-transit purposes 23 a pasteboard card bearing the words “Vehicle in Transit”, the 24 name of the official body from which the vehicle was purchased, 25 together with the date of the purchase plainly marked in at 26 least one-inch letters, and other information required by the 27 department. The in-transit card is valid for use only within 28 forty-eight hours after the purchase date as indicated on the 29 bill of sale which shall be carried by the driver. 30 Sec. 88. Section 453A.2, subsection 7, Code 2009, is amended 31 to read as follows: 32 7. A tobacco compliance employee training fund is created in 33 the office of the treasurer of state. The fund shall consist 34 of civil penalties assessed by the Iowa department of public 35 -46- LSB 5073SV (48) 83 ec/rj 46/ 290
S.F. 2088 health under section 453A.22 for violations of this section. 1 Moneys in the fund are appropriated to the alcoholic beverages 2 division of the department of commerce revenue and shall be 3 used to develop and administer the tobacco compliance employee 4 training program under section 453A.5. Moneys deposited in the 5 fund shall not be transferred, used, obligated, appropriated, 6 or otherwise encumbered except as provided in this subsection. 7 Notwithstanding section 8.33, any unexpended balance in the 8 fund at the end of the fiscal year shall be retained in the 9 fund. 10 Sec. 89. Section 453A.5, subsection 1, Code 2009, is amended 11 to read as follows: 12 1. The alcoholic beverages division of the department of 13 commerce revenue shall develop a tobacco compliance employee 14 training program not to exceed two hours in length for 15 employees and prospective employees of retailers, as defined 16 in sections 453A.1 and 453A.42, to inform the employees about 17 state and federal laws and regulations regarding the sale of 18 cigarettes and tobacco products to persons under eighteen years 19 of age and compliance with and the importance of laws regarding 20 the sale of cigarettes and tobacco products to persons under 21 eighteen years of age. 22 Sec. 90. Section 455C.3, subsections 2 and 5, Code 2009, are 23 amended to read as follows: 24 2. A distributor shall accept and pick up from a dealer 25 served by the distributor or a redemption center for a 26 dealer served by the distributor at least weekly, or when the 27 distributor delivers the beverage product if deliveries are 28 less frequent than weekly, any empty beverage container of the 29 kind, size and brand sold by the distributor, and shall pay to 30 the dealer or person operating a redemption center the refund 31 value of a beverage container and the reimbursement as provided 32 under section 455C.2 within one week following pickup of the 33 containers or when the dealer or redemption center normally 34 pays the distributor for the deposit on beverage products 35 -47- LSB 5073SV (48) 83 ec/rj 47/ 290
S.F. 2088 purchased from the distributor if less frequent than weekly. 1 A distributor or employee or agent of a distributor is not in 2 violation of this subsection if a redemption center is closed 3 when the distributor attempts to make a regular delivery or a 4 regular pickup of empty beverage containers. This subsection 5 does not apply to a distributor selling alcoholic liquor 6 to the alcoholic beverages division of the department of 7 commerce revenue . 8 5. The alcoholic beverages division of the department 9 of commerce revenue shall provide for the disposal of empty 10 beverage containers as required under subsection 2. The 11 division shall give priority consideration to the recycling 12 of the empty beverage containers to the extent possible, 13 before any other appropriate disposal method is considered or 14 implemented. 15 Sec. 91. Section 546.2, subsection 3, paragraph e, Code 16 2009, is amended by striking the paragraph. 17 Sec. 92. NEW SECTION . 421.2A Alcoholic beverages division. 18 An alcoholic beverages division is created within the 19 department of revenue. The alcoholic beverages division shall 20 enforce and implement chapter 123. The division is headed by 21 the administrator of alcoholic beverages who shall be appointed 22 pursuant to section 123.10. The alcoholic beverages commission 23 shall perform duties within the division pursuant to chapter 24 123. 25 Sec. 93. REPEAL. Section 546.9, Code 2009, is repealed. 26 Sec. 94. ALCOHOLIC BEVERAGES DIVISION —— TRANSITION 27 PROVISIONS. 28 1. In regard to updating references and format in the 29 Iowa administrative code in order to correspond to the 30 transferring of the division from the department of commerce 31 to the department of revenue as established by this division 32 of this Act, the administrative rules coordinator and the 33 administrative rules review committee, in consultation with the 34 administrative code editor, shall jointly develop a schedule 35 -48- LSB 5073SV (48) 83 ec/rj 48/ 290
S.F. 2088 for the necessary updating of the Iowa administrative code. 1 2. Any replacement of signs, logos, stationery, insignia, 2 uniforms, and related items that is made due to the effect of 3 this division of this Act should be done as part of the normal 4 replacement cycle for such items. 5 DIVISION IX 6 ALCOHOLIC BEVERAGES DIVISION —— OPERATIONS 7 Sec. 95. ALCOHOLIC BEVERAGES DIVISION —— STATE WAREHOUSE 8 FRIDAY CLOSURE. For the fiscal period beginning July 1, 2010, 9 and ending June 30, 2015, the administrator of the alcoholic 10 beverages division of the department of commerce as created 11 in chapter 123, shall, pursuant to the authority provided in 12 section 123.21, close the main state warehouse every Friday. 13 However, the administrator may keep the warehouse open on 14 designated Fridays if the administrator determines that 15 anticipated sales on that Friday justify keeping the state 16 warehouse open. The administrator may extend the closure 17 authorized pursuant to this section to the succeeding fiscal 18 year. The administrator shall submit a report to the general 19 assembly by January 1, 2015, concerning its recommendation 20 regarding extending the requirements of this section. 21 Sec. 96. TOBACCO RETAIL COMPLIANCE CHECKS. The terms 22 of a chapter 28D agreement entered into between the division 23 of tobacco use prevention and control of the Iowa department 24 of public health and the alcoholic beverages division of the 25 department of commerce, governing compliance checks conducted 26 to ensure licensed retail tobacco outlet conformity with 27 tobacco laws, regulations, and ordinances relating to persons 28 under eighteen years of age, shall restrict the number of such 29 checks to one check per retail outlet, and one additional check 30 for any retail outlet found to be in violation during the first 31 check, for the fiscal year beginning July 1, 2010, and ending 32 June 30, 2011. 33 DIVISION X 34 ALCOHOLIC BEVERAGES DIVISION —— DIRECT SHIPMENT OF WINE 35 -49- LSB 5073SV (48) 83 ec/rj 49/ 290
S.F. 2088 Sec. 97. Section 123.173, subsection 1, Code 2009, is 1 amended to read as follows: 2 1. Permits Except as provided in section 123.187, 3 permits exclusively for the sale or manufacture and sale of 4 wine shall be divided into four classes, and shall be known as 5 class “A”, “B”, “B” native, or “C” native wine permits. 6 Sec. 98. Section 123.187, Code 2009, is amended by striking 7 the section and inserting in lieu thereof the following: 8 123.187 Direct shipment of wine —— licenses and requirements. 9 1. A wine manufacturer licensed or permitted pursuant to 10 laws regulating alcoholic beverages in another state may apply 11 for a wine direct shipper license, as provided in this section. 12 2. a. The administrator shall issue a wine direct 13 shipper license to a wine manufacturer who submits a written 14 application for the license on a form to be established by 15 the administrator by rule, accompanied by a true copy of the 16 manufacturer’s current alcoholic beverage license or permit 17 issued in another state, and a copy of the manufacturer’s 18 winery license issued by the federal alcohol and tobacco tax 19 and trade bureau. 20 b. An application submitted pursuant to paragraph “a” shall 21 be accompanied by a license fee in the amount of twenty-five 22 dollars. 23 c. A license issued pursuant to this section may be renewed 24 annually by resubmitting the information required in paragraph 25 “a” , accompanied by the twenty-five dollar license fee. 26 3. The direct shipment of wine pursuant to this 27 section shall be subject to the following requirements and 28 restrictions: 29 a. No more than eighteen liters of wine per month may be 30 shipped by a wine direct shipper licensee to a resident of 31 this state who is at least twenty-one years of age, for the 32 resident’s personal use and not for resale. 33 b. Wine subject to direct shipping shall be properly 34 registered with the federal alcohol and tobacco tax and trade 35 -50- LSB 5073SV (48) 83 ec/rj 50/ 290
S.F. 2088 bureau, and manufactured on the winery premises of the wine 1 direct shipper licensee. 2 c. All containers of wine shipped directly to a resident 3 of this state shall be conspicuously labeled with the words 4 CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED 5 FOR DELIVERY or shall be conspicuously labeled with alternative 6 wording preapproved by the administrator. 7 d. All containers of wine shipped directly to a resident of 8 this state shall be shipped by an alcohol carrier licensed as 9 provided in subsection 6. 10 4. a. In addition to the annual license fee, a wine 11 direct shipper licensee shall remit to the division an amount 12 equivalent to the wine gallonage tax at the rate specified in 13 section 123.183 for deposit in the beer and liquor control fund 14 created in section 123.53. The amount shall be remitted at 15 the same time and in the same manner as provided in section 16 123.184, and the ten percent penalty specified therein shall 17 be applicable. 18 b. Shipment of wine pursuant to this subsection is not 19 subject to sales tax under section 423.2, use tax under 20 section 423.5, and does not require a refund value for beverage 21 container control purposes under chapter 455C. 22 5. A wine direct shipper licensee shall be deemed to 23 have consented to the jurisdiction of the division or any 24 other agency or court in this state concerning enforcement 25 of this section and any related laws, rules, or regulations. 26 A licensee shall permit the division to perform an audit of 27 shipping records upon request. 28 6. a. Wine subject to direct shipment pursuant to this 29 section shall be delivered only by a carrier having obtained 30 from the division an alcohol carrier license. An alcohol 31 carrier license shall be issued subject to requirements, 32 fees, and upon application forms to be determined by the 33 administrator by rule. 34 b. An alcohol carrier licensee shall not deliver wine to 35 -51- LSB 5073SV (48) 83 ec/rj 51/ 290
S.F. 2088 any person under twenty-one years of age, or to any person 1 who either is or appears to be in an intoxicated state or 2 condition. A licensee shall obtain valid proof of identity and 3 age prior to delivery, and shall obtain the signature of an 4 adult as a condition of delivery. 5 c. An alcohol carrier licensee shall maintain records of 6 wine shipped which include the license number and name of the 7 wine manufacturer, quantity of wine shipped, recipient’s name 8 and address, and an electronic or paper form of signature from 9 the recipient of the wine. 10 7. The holder of a permit for the sale or manufacture and 11 sale of wine listed in section 123.173, subsection 1, shall be 12 authorized under that permit and without any other licensing 13 requirement to ship out of this state by private common 14 carrier, to a person twenty-one years of age or older, not more 15 than eighteen liters of wine per month, for consumption or use 16 by the person. 17 8. A violation of this section shall subject a licensee to 18 the penalty provisions of section 123.39. 19 DIVISION XI 20 DEPARTMENT OF HUMAN RIGHTS —— REORGANIZATION 21 Sec. 99. Section 216A.1, Code 2009, is amended to read as 22 follows: 23 216A.1 Department of human rights —— purpose . 24 1. A department of human rights is created, with the 25 following divisions and offices : 26 a. Division of community advocacy and services, with the 27 following offices: 28 1. (1) Division Office of Latino affairs. 29 2. (2) Division Office on the status of women. 30 3. (3) Division Office of persons with disabilities. 31 4. Division of community action agencies. 32 5. (4) Division Office of deaf services. 33 6. Division of criminal and juvenile justice planning. 34 7. (5) Division Office on the status of 35 -52- LSB 5073SV (48) 83 ec/rj 52/ 290
S.F. 2088 African-Americans African Americans . 1 8. (6) Division on the status of Iowans Office of Asian and 2 Pacific Islander heritage affairs . 3 9. (7) Division on Office of Native American affairs. 4 b. Division of community action agencies. 5 c. Division of criminal and juvenile justice planning. 6 2. The purpose of the department is to ensure basic 7 rights, freedoms, and opportunities for all by empowering 8 underrepresented Iowans and eliminating economic, social, and 9 cultural barriers. 10 Sec. 100. Section 216A.2, Code 2009, is amended by striking 11 the section and inserting in lieu thereof the following: 12 216A.2 Appointment of department director, deputy director, 13 and administrators —— duties. 14 1. The governor shall appoint a director of the department 15 of human rights, subject to confirmation by the senate pursuant 16 to section 2.32. The department director shall serve at the 17 pleasure of the governor and is exempt from the merit system 18 provisions of chapter 8A, subchapter IV. The governor shall 19 set the salary of the department director within the ranges set 20 by the general assembly. 21 2. The director is the chief administrative officer of 22 the department and in that capacity administers the programs 23 and services of the department in compliance with applicable 24 federal and state laws and regulations. The duties of the 25 director include preparing a budget, establishing an internal 26 administrative structure, and employing personnel. 27 3. The department director shall appoint the administrators 28 of the divisions within the department and all other personnel 29 deemed necessary for the administration of this chapter. 30 The department director shall establish the duties of the 31 administrators of the divisions within the department. 32 4. The department director shall do all of the following: 33 a. Manage the internal operations of the department and 34 establish guidelines and procedures to promote the orderly and 35 -53- LSB 5073SV (48) 83 ec/rj 53/ 290
S.F. 2088 efficient administration of the department. 1 b. Prepare a budget for the department, subject to the 2 budget requirements pursuant to chapter 8, for approval by the 3 board. 4 c. Coordinate and supervise personnel services and shared 5 administrative support services to assure maximum support and 6 assistance to the divisions. 7 d. Serve as an ex officio member of all commissions or 8 councils within the department. 9 e. Serve as an ex officio, nonvoting member of the human 10 rights board. 11 f. Solicit and accept gifts and grants on behalf of the 12 department and each commission or council and administer such 13 gifts and grants in accordance with the terms thereof. 14 g. Enter into contracts with public and private individuals 15 and entities to conduct the business and achieve the objectives 16 of the department and each commission or council. 17 h. Issue an annual report to the governor and general 18 assembly no later than November 1 of each year concerning 19 the operations of the department. However, the division of 20 criminal and juvenile justice planning and the division of 21 community action agencies shall submit annual reports as 22 specified in this chapter. 23 i. Seek to implement the comprehensive strategic plan 24 approved by the board under section 216A.3. 25 Sec. 101. Section 216A.3, Code 2009, is amended by striking 26 the section and inserting in lieu thereof the following: 27 216A.3 Human rights board. 28 1. A human rights board is created within the department of 29 human rights. 30 2. The board shall consist of fourteen members, including 31 nine voting members and five nonvoting members and determined 32 as follows: 33 a. The voting members shall consist of nine voting members 34 selected by each of the permanent commissions within the 35 -54- LSB 5073SV (48) 83 ec/rj 54/ 290
S.F. 2088 department, and two voting members, appointed by the governor. 1 For purposes of this paragraph “a” , “permanent commissions” 2 means the commission of Latino affairs, commission on the 3 status of women, commission of persons with disabilities, 4 commission on community action agencies, commission of deaf 5 services, criminal and juvenile justice planning advisory 6 council, commission on the status of African Americans, 7 commission of Asian and Pacific Islander affairs, and 8 commission of Native American affairs. 9 b. The nonvoting members shall consist of the department 10 director, two state representatives, one appointed by the 11 speaker of the house of representatives and one by the minority 12 leader of the house of representatives, and two state senators, 13 one appointed by the majority leader of the senate and one by 14 the minority leader of the senate. 15 3. A majority of the members of the board shall constitute 16 a quorum, and the affirmative vote of two-thirds of the voting 17 members is necessary for any substantive action taken by the 18 board. The board shall select a chairperson from the voting 19 members of the board. The board shall meet not less than four 20 times a year. 21 4. The board shall have the following duties: 22 a. Develop and monitor implementation of a comprehensive 23 strategic plan to remove barriers for underrepresented 24 populations and, in doing so, to increase Iowa’s productivity 25 and inclusivity, including performance measures and benchmarks. 26 b. Approve, disapprove, amend, or modify the budget 27 recommended by the department director for the operation of 28 the department, subject to the budget requirements pursuant to 29 chapter 8. 30 c. Adopt administrative rules pursuant to chapter 17A, 31 upon the recommendation of the department director, for the 32 operation of the department. 33 d. By November 1 of each year, approve the department report 34 to the general assembly and the governor that covers activities 35 -55- LSB 5073SV (48) 83 ec/rj 55/ 290
S.F. 2088 during the preceding fiscal year. 1 Sec. 102. Section 216A.4, Code 2009, is amended by adding 2 the following new subsections: 3 NEW SUBSECTION . 0A. “Board” means human rights board. 4 NEW SUBSECTION . 3. “Underrepresented” means the historical 5 marginalization of populations or groups in the United States 6 and Iowa, including but not limited to African Americans, Asian 7 and Pacific Islanders, persons who are deaf or hard of hearing, 8 persons with disabilities, Latinos, Native Americans, women, 9 persons who have low socioeconomic status, at-risk youth, and 10 adults or juveniles with a criminal history. 11 Sec. 103. NEW SECTION . 216A.7 Access to information. 12 Upon request of the director or a commission, council, or 13 administrator of a division of the department, all boards, 14 agencies, departments, and offices of the state shall make 15 available nonconfidential information, records, data, and 16 statistics which are relevant to the populations served by the 17 offices, councils, and commissions of the department. 18 Sec. 104. Section 216A.11, subsection 1, Code 2009, is 19 amended by striking the subsection. 20 Sec. 105. Section 216A.11, subsection 3, Code 2009, is 21 amended to read as follows: 22 3. “Division” “Office” means the division office of Latino 23 affairs of the department of human rights. 24 Sec. 106. Section 216A.12, Code Supplement 2009, is amended 25 to read as follows: 26 216A.12 Commission of Latino affairs —— terms 27 —— compensation established . 28 1. The commission of Latino affairs consists of 29 nine seven members, appointed by the governor , and subject 30 to confirmation by the senate pursuant to section 2.32 . 31 Commission members shall be appointed in compliance with 32 sections 69.16 and 69.16A and with consideration given 33 to geographic residence and density of Latino population 34 represented by each member . Commission members shall reside 35 -56- LSB 5073SV (48) 83 ec/rj 56/ 290
S.F. 2088 in the state. 1 2. The members of the commission shall be appointed during 2 the month of June and shall serve for staggered four-year terms 3 of two years commencing July 1 of each odd-numbered the year 4 of appointment . Members appointed shall continue to serve 5 until their respective successors are appointed. Vacancies 6 in the membership of the commission shall be filled by the 7 original appointing authority and in the manner of the original 8 appointments. Members shall receive actual expenses incurred 9 while serving in their official capacity. Members may also be 10 eligible to receive compensation as provided in section 7E.6. 11 3. The commission shall select from its membership a 12 chairperson and other officers as it deems necessary and shall 13 meet at least quarterly each fiscal year. A majority of the 14 members currently appointed to the commission shall constitute 15 a quorum and the affirmative vote of a majority of the 16 currently appointed members is necessary for any substantive 17 action taken by the commission. A member shall not vote on any 18 action if the member has a conflict of interest on the matter 19 and a statement by the member of a conflict of interest shall 20 be conclusive for this purpose. 21 Sec. 107. Section 216A.13, Code 2009, is amended by striking 22 the section and inserting in lieu thereof the following: 23 216A.13 Commission of Latino affairs —— duties. 24 The commission shall have the following duties: 25 1. Study the opportunities for and changing needs of the 26 Latino population of this state. 27 2. Serve as liaison between the department of human rights 28 and the public, sharing information and gathering constituency 29 input. 30 3. Recommend to the board the adoption of rules pursuant to 31 chapter 17A as it deems necessary. 32 4. Recommend legislative and executive action to the 33 governor and general assembly. 34 5. Establish advisory committees, work groups, or other 35 -57- LSB 5073SV (48) 83 ec/rj 57/ 290
S.F. 2088 coalitions as appropriate. 1 Sec. 108. Section 216A.14, Code 2009, is amended by striking 2 the section and inserting in lieu thereof the following: 3 216A.14 Office of Latino affairs —— duties. 4 The office of Latino affairs is established and shall do the 5 following: 6 1. Serve as the central permanent agency to advocate for 7 Latino persons. 8 2. Coordinate and cooperate with the efforts of state 9 departments and agencies to serve the needs of Latino persons 10 in participating fully in the economic, social, and cultural 11 life of the state, and by providing direct assistance to those 12 who request it. 13 3. Develop, coordinate, and assist other public 14 organizations which serve Latino persons. 15 4. Serve as an information clearinghouse on programs and 16 agencies operating to assist Latino persons. 17 Sec. 109. Section 216A.15, subsections 1 through 9, Code 18 2009, are amended by striking the subsections and inserting in 19 lieu thereof the following: 20 1. Study the opportunities for and changing needs of the 21 Latino population of this state. 22 2. Serve as liaison between the office and the public, 23 sharing information and gathering constituency input. 24 3. Recommend to the board for adoption rules pursuant 25 to chapter 17A as it deems necessary for the commission and 26 office. 27 4. Recommend to the department director policies and 28 programs for the office. 29 5. Establish advisory committees, work groups, or other 30 coalitions as appropriate. 31 Sec. 110. Section 216A.51, subsection 1, Code 2009, is 32 amended by striking the subsection. 33 Sec. 111. Section 216A.51, subsection 3, Code 2009, is 34 amended to read as follows: 35 -58- LSB 5073SV (48) 83 ec/rj 58/ 290
S.F. 2088 3. “Division” “Office” means the division office on the 1 status of women of the department of human rights. 2 Sec. 112. Section 216A.52, Code 2009, is amended by striking 3 the section and inserting in lieu thereof the following: 4 216A.52 Office on the status of women. 5 The office on the status of women is established, and shall 6 do the following: 7 1. Serve as the central permanent agency to advocate for 8 women and girls. 9 2. Coordinate and cooperate with the efforts of state 10 departments and agencies to serve the needs of women and girls 11 in participating fully in the economic, social, and cultural 12 life of the state, and provide direct assistance to individuals 13 who request it. 14 3. Serve as a clearinghouse on programs and agencies 15 operating to assist women and girls. 16 4. Develop, coordinate, and assist other public or private 17 organizations which serve women and girls. 18 Sec. 113. Section 216A.53, Code 2009, is amended by striking 19 the section and inserting in lieu thereof the following: 20 216A.53 Commission on the status of women established. 21 1. The commission on the status of women is established and 22 shall consist of seven voting members who shall be appointed by 23 the governor, subject to confirmation by the senate pursuant 24 to section 2.32, and shall represent a cross section of the 25 citizens of the state. All members shall reside in the state. 26 2. The term of office for voting members is four years. 27 Terms shall be staggered. Members whose terms expire may be 28 reappointed. Vacancies in voting membership positions on 29 the commission shall be filled for the unexpired term in the 30 same manner as the original appointment. Voting members of 31 the commission may receive a per diem as specified in section 32 7E.6 and shall be reimbursed for actual expenses incurred 33 while serving in their official capacity, subject to statutory 34 limits. 35 -59- LSB 5073SV (48) 83 ec/rj 59/ 290
S.F. 2088 3. Members of the commission shall appoint a chairperson and 1 vice chairperson and any other officers as the commission deems 2 necessary. The commission shall meet at least quarterly during 3 each fiscal year. A majority of the voting members currently 4 appointed to the commission shall constitute a quorum. A 5 quorum of the members shall be required for the conduct of 6 business of the commission and the affirmative vote of a 7 majority of the currently appointed voting members is necessary 8 for any substantive action taken by the commission. A member 9 shall not vote on any action if the member has a conflict of 10 interest on the matter and a statement by the member of a 11 conflict of interest shall be conclusive for this purpose. 12 Sec. 114. Section 216A.54, Code 2009, is amended by striking 13 the section and inserting in lieu thereof the following: 14 216A.54 Commission powers and duties. 15 The commission shall have the following powers and duties: 16 1. Study the opportunities for and changing needs of the 17 women and girls of this state. 18 2. Serve as liaison between the office and the public, 19 sharing information and gathering constituency input. 20 3. Recommend to the board the adoption of rules pursuant 21 to chapter 17A as it deems necessary for the commission and 22 office. 23 4. Recommend legislative and executive action to the 24 governor and general assembly. 25 5. Establish advisory committees, work groups, or other 26 coalitions as appropriate. 27 Sec. 115. Section 216A.71, subsection 1, Code 2009, is 28 amended by striking the subsection. 29 Sec. 116. Section 216A.71, subsection 3, Code 2009, is 30 amended to read as follows: 31 3. “Division” “Office” means the division office of persons 32 with disabilities of the department of human rights. 33 Sec. 117. Section 216A.72, Code 2009, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -60- LSB 5073SV (48) 83 ec/rj 60/ 290
S.F. 2088 216A.72 Office of persons with disabilities. 1 The office of persons with disabilities is established, and 2 shall do all of the following: 3 1. Serve as the central permanent agency to advocate for 4 persons with disabilities. 5 2. Coordinate and cooperate with the efforts of state 6 departments and agencies to serve the needs of persons with 7 disabilities in participating fully in the economic, social, 8 and cultural life of the state, and provide direct assistance 9 to individuals who request it. 10 3. Develop, coordinate, and assist other public or private 11 organizations which serve persons with disabilities. 12 4. Serve as an information clearinghouse on programs and 13 agencies operating to assist persons with disabilities. 14 Sec. 118. Section 216A.74, Code Supplement 2009, is amended 15 by striking the section and inserting in lieu thereof the 16 following: 17 216A.74 Commission of persons with disabilities established. 18 1. The commission of persons with disabilities is 19 established and shall consist of seven voting members appointed 20 by the governor subject to confirmation by the senate pursuant 21 to section 2.32. A majority of the commission shall be persons 22 with disabilities. All members shall reside in the state. 23 2. Members of the commission shall serve four-year 24 staggered terms which shall begin and end pursuant to section 25 69.19. Members whose terms expire may be reappointed. 26 Vacancies on the commission shall be filled for the unexpired 27 term in the same manner as the original appointment. Voting 28 members shall receive actual expenses incurred while serving 29 in their official capacity, subject to statutory limits. 30 Voting members may also be eligible to receive compensation as 31 provided in section 7E.6. 32 3. Members of the commission shall appoint a chairperson. 33 The commission shall meet at least quarterly during each fiscal 34 year. A majority of the voting members currently appointed 35 -61- LSB 5073SV (48) 83 ec/rj 61/ 290
S.F. 2088 to the commission shall constitute a quorum. A quorum shall 1 be required for the conduct of business of the commission and 2 the affirmative vote of a majority of the currently appointed 3 voting members is necessary for any substantive action taken by 4 the commission. A member shall not vote on any action if the 5 member has a conflict of interest on the matter and a statement 6 by the member of a conflict of interest shall be conclusive for 7 this purpose. 8 Sec. 119. Section 216A.75, Code 2009, is amended by striking 9 the section and inserting in lieu thereof the following: 10 216A.75 Commission powers and duties. 11 The commission shall have the following powers and duties: 12 1. Study the opportunities for and changing needs of persons 13 with disabilities in this state. 14 2. Serve as liaisons between the office and the public, 15 sharing information and gathering constituency input. 16 3. Recommend to the board the adoption of rules pursuant 17 to chapter 17A as it deems necessary for the commission and 18 office. 19 4. Recommend legislative and executive action to the 20 governor and general assembly. 21 5. Establish advisory committees, work groups, or other 22 coalitions as appropriate. 23 Sec. 120. Section 216A.92, Code 2009, is amended by striking 24 the section and inserting in lieu thereof the following: 25 216A.92 Division of community action agencies. 26 1. The division of community action agencies is 27 established. The purpose of the division of community action 28 agencies is to strengthen, supplement, and coordinate efforts 29 to develop the full potential of each citizen by recognizing 30 certain community action agencies and supporting certain 31 community-based programs delivered by community action 32 agencies. 33 2. The division shall do all of the following: 34 a. Provide financial assistance for community action 35 -62- LSB 5073SV (48) 83 ec/rj 62/ 290
S.F. 2088 agencies to implement community action programs, as permitted 1 by the community service block grant and subject to the funding 2 made available for the program. 3 b. Administer the community services block grant, the 4 low-income energy assistance block grants, department of energy 5 funds for weatherization, and other possible funding sources. 6 If a political subdivision is the community action agency, 7 the financial assistance shall be allocated to the political 8 subdivision. 9 c. Implement accountability measures for its programs and 10 require regular reporting on the measures by the community 11 action agencies. 12 d. Issue an annual report to the governor and general 13 assembly by July 1 of each year. 14 Sec. 121. Section 216A.92A, subsection 1, paragraph c, Code 15 2009, is amended to read as follows: 16 c. One-third of the members shall be persons who, according 17 to federal guidelines, have incomes at or below one hundred 18 eighty-five percent of poverty level. 19 Sec. 122. Section 216A.92A, subsection 3, Code 2009, is 20 amended to read as follows: 21 3. The commission shall select from its membership a 22 chairperson and other officers as it deems necessary. The 23 commission shall meet no less than four times per year. A 24 majority of the members of the commission shall constitute a 25 quorum. 26 Sec. 123. Section 216A.92B, Code 2009, is amended by 27 striking the section and inserting in lieu thereof the 28 following: 29 216A.92B Commission powers and duties. 30 The commission shall have the following powers and duties: 31 1. Recommend to the board the adoption of rules pursuant 32 to chapter 17A as it deems necessary for the commission and 33 division. 34 2. Supervise the collection of data regarding the scope of 35 -63- LSB 5073SV (48) 83 ec/rj 63/ 290
S.F. 2088 services provided by the community action agencies. 1 3. Serve as liaisons between the division and the public, 2 sharing information and gathering constituency input. 3 4. Make recommendations to the governor and the general 4 assembly for executive and legislative action designed to 5 improve the status of low-income persons in the state. 6 5. Establish advisory committees, work groups, or other 7 coalitions as appropriate. 8 Sec. 124. Section 216A.93, Code 2009, is amended to read as 9 follows: 10 216A.93 Establishment of community action agencies. 11 The division shall recognize and assist in the designation 12 of certain community action agencies to assist in the 13 delivery of community action programs. These programs shall 14 include , but not be limited to , outreach, community services 15 block grant, low-income energy assistance, and weatherization 16 programs. If a community action agency is in effect and 17 currently serving an area, that community action agency shall 18 become the designated community action agency for that area. 19 If there is not a designated community action agency in the 20 area a city council or county board of supervisors or any 21 combination of one or more councils or boards may establish 22 a community action agency and may apply to the division for 23 recognition. The council or board or the combination may adopt 24 an ordinance or resolution establishing a community action 25 agency if a community action agency has not been designated. 26 It is the purpose of the division of community action agencies 27 to strengthen, supplement, and coordinate efforts to develop 28 the full potential of each citizen by recognizing certain 29 community action agencies and the continuation of certain 30 community-based programs delivered by community action 31 agencies. If any geographic area of the state ceases to be 32 served by a designated community action agency, the division 33 may solicit applications and assist the governor in designating 34 a community action agency for that area in accordance with 35 -64- LSB 5073SV (48) 83 ec/rj 64/ 290
S.F. 2088 current community services block grant requirements. 1 Sec. 125. Section 216A.94, subsection 2, Code 2009, is 2 amended to read as follows: 3 2. Notwithstanding subsection 1, a public agency 4 shall establish an advisory board or may contract with a 5 delegate agency to assist the governing board in meeting 6 the requirements of section 216A.95 . The advisory board or 7 delegate agency board shall be composed of the same type 8 of membership as a board of directors for community action 9 agencies under subsection 1. However, the public agency acting 10 as In addition, the advisory board of the community action 11 agency shall have the sole authority to determine annual 12 program budget requests. 13 Sec. 126. Section 216A.95, subsection 1, Code 2009, is 14 amended by striking the subsection and inserting in lieu 15 thereof the following: 16 1. The governing board or advisory board shall fully 17 participate in the development, planning, implementation, and 18 evaluation of programs to serve low-income communities. 19 Sec. 127. Section 216A.96, subsection 1, Code 2009, is 20 amended by striking the subsection and inserting in lieu 21 thereof the following: 22 1. Plan and implement strategies to alleviate the 23 conditions of poverty and encourage self-sufficiency for 24 citizens in its service area and in Iowa. In doing so, 25 an agency shall plan for a community action program by 26 establishing priorities among projects, activities, and areas 27 to provide for the most efficient use of possible resources. 28 Sec. 128. Section 216A.96, subsection 4, Code 2009, is 29 amended to read as follows: 30 4. Encourage and support self-help, volunteer, business, 31 labor, and other groups and organizations to assist public 32 officials and agencies in supporting a community action program 33 which results in the additional use of by providing private 34 resources while , developing new employment opportunities, 35 -65- LSB 5073SV (48) 83 ec/rj 65/ 290
S.F. 2088 encouraging investments which have an impact on reducing 1 poverty among the poor in areas of concentrated poverty, and 2 providing methods by which low-income persons can work with 3 private organizations, businesses, and institutions in seeking 4 solutions to problems of common concern. 5 Sec. 129. Section 216A.97, Code 2009, is amended to read as 6 follows: 7 216A.97 Administration. 8 A community action agency or a delegate agency may 9 administer the components of a community action program 10 when the program is consistent with plans and purposes and 11 applicable law. The community action programs may be projects 12 which are eligible for assistance from any source. The 13 programs shall be developed to meet local needs and may be 14 designed to meet eligibility standards of a federal or state 15 program providing assistance to a plan to meet local needs . 16 Sec. 130. Section 216A.98, Code 2009, is amended to read as 17 follows: 18 216A.98 Audit. 19 Each community action agency shall be audited annually but 20 shall not be required to obtain a duplicate audit to meet the 21 requirements of this section. In lieu of an audit by the 22 auditor of state, the community action agency may contract with 23 or employ a certified public accountant to conduct the audit, 24 pursuant to the applicable terms and conditions prescribed by 25 sections 11.6 and 11.19 and an audit format prescribed by the 26 auditor of state. Copies of each audit shall be furnished to 27 the division within three months following the annual audit in 28 a manner prescribed by the division . 29 Sec. 131. Section 216A.102, subsection 3, Code 2009, is 30 amended to read as follows: 31 3. Under rules developed by the division of community action 32 agencies of the department of human rights and adopted by 33 the board , the fund may be used to negotiate reconnection of 34 essential utility services with the energy provider. 35 -66- LSB 5073SV (48) 83 ec/rj 66/ 290
S.F. 2088 Sec. 132. Section 216A.104, subsections 4 and 5, Code 2009, 1 are amended by striking the subsections. 2 Sec. 133. Section 216A.107, subsection 2, Code Supplement 3 2009, is amended to read as follows: 4 2. Unless otherwise provided by law, terms of members, 5 election of officers, and other procedural matters shall be 6 as determined by the council. A quorum shall be required for 7 the conduct of business of the council and the affirmative 8 vote of a majority of the currently appointed voting members 9 is necessary for any substantive action taken by the council. 10 A member shall not vote on any action if the member has a 11 conflict of interest on the matter and a statement by the 12 member of a conflict of interest shall be conclusive for this 13 purpose. 14 Sec. 134. Section 216A.111, subsection 1, Code 2009, is 15 amended by striking the subsection. 16 Sec. 135. Section 216A.111, subsection 3, Code 2009, is 17 amended to read as follows: 18 3. “Division” “Office” means the division office of deaf 19 services of the department of human rights. 20 Sec. 136. Section 216A.112, Code 2009, is amended by 21 striking the section and inserting in lieu thereof the 22 following: 23 216A.112 Office of deaf services. 24 The office of deaf services is established, and shall do all 25 of the following: 26 1. Serve as the central permanent agency to advocate for 27 persons who are deaf or hard of hearing. 28 2. Coordinate and cooperate with the efforts of state 29 departments and agencies to serve the needs of persons who are 30 deaf or hard of hearing in participating fully in the economic, 31 social, and cultural life of the state, and provide direct 32 assistance to individuals who request it. 33 3. Develop, coordinate, and assist other public or private 34 organizations which serve persons who are deaf or hard of 35 -67- LSB 5073SV (48) 83 ec/rj 67/ 290
S.F. 2088 hearing. 1 4. Serve as an information clearinghouse on programs and 2 agencies operating to assist persons who are deaf or hard of 3 hearing. 4 Sec. 137. Section 216A.113, Code 2009, is amended by 5 striking the section and inserting in lieu thereof the 6 following: 7 216A.113 Deaf services commission established. 8 1. The commission on the deaf is established, and shall 9 consist of seven voting members appointed by the governor, 10 subject to confirmation by the senate pursuant to section 11 2.32. Membership of the commission shall include at least four 12 members who are deaf and who cannot hear human speech with or 13 without use of amplification and at least one member who is 14 hard of hearing. All members shall reside in Iowa. 15 2. Members of the commission shall serve four-year 16 staggered terms which shall begin and end pursuant to section 17 69.19. Members whose terms expire may be reappointed. 18 Vacancies on the commission may be filled for the remainder 19 of the term in the same manner as the original appointment. 20 Members shall receive actual expenses incurred while serving in 21 their official capacity, subject to statutory limits. Members 22 may also be eligible to receive compensation as provided in 23 section 7E.6. 24 3. Members of the commission shall appoint a chairperson 25 and vice chairperson and other officers as the commission 26 deems necessary. The commission shall meet at least quarterly 27 during each fiscal year. A majority of the members currently 28 appointed to the commission shall constitute a quorum. A 29 quorum shall be required for the conduct of business of the 30 commission and the affirmative vote of a majority of the 31 currently appointed members is necessary for any substantive 32 action taken by the commission. A member shall not vote on any 33 action if the member has a conflict of interest on the matter 34 and a statement by the member of a conflict of interest shall 35 -68- LSB 5073SV (48) 83 ec/rj 68/ 290
S.F. 2088 be conclusive for this purpose. 1 Sec. 138. Section 216A.114, Code 2009, is amended by 2 striking the section and inserting in lieu thereof the 3 following: 4 216A.114 Commission powers and duties. 5 The commission shall have the following powers and duties: 6 1. Study the changing needs and opportunities for the deaf 7 and hard-of-hearing people in this state. 8 2. Serve as a liaison between the office and the public, 9 sharing information and gathering constituency input. 10 3. Recommend to the board for adoption rules pursuant 11 to chapter 17A as it deems necessary for the commission and 12 office. 13 4. Recommend legislative and executive action to the 14 governor and general assembly. 15 5. Establish advisory committees, work groups, or other 16 coalitions as appropriate. 17 Sec. 139. NEW SECTION . 216A.131A Division of criminal and 18 juvenile justice planning. 19 The division of criminal and juvenile justice planning is 20 established to fulfill the responsibilities of this subchapter, 21 including the duties specified in sections 216A.135, 216A.136, 22 216A.137, 216A.138, and 216A.139. 23 Sec. 140. Section 216A.132, subsection 1, unnumbered 24 paragraph 1, Code 2009, is amended to read as follows: 25 A criminal and juvenile justice planning advisory council is 26 established consisting of twenty-three members who shall all 27 reside in the state . 28 Sec. 141. Section 216A.132, subsection 1, paragraph b, Code 29 2009, is amended to read as follows: 30 b. The departments of human services, corrections, 31 and public safety, the division office on the status of 32 African-Americans African Americans , the Iowa department of 33 public health, the chairperson of the board of parole, the 34 attorney general, the state public defender, the governor’s 35 -69- LSB 5073SV (48) 83 ec/rj 69/ 290
S.F. 2088 office of drug control policy, and the chief justice of the 1 supreme court shall each designate a person to serve on the 2 council. The person appointed by the Iowa department of public 3 health shall be from the departmental staff who administer the 4 comprehensive substance abuse program under chapter 125. 5 Sec. 142. Section 216A.132, Code 2009, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 3. Members of the council shall appoint 8 a chairperson and vice chairperson and other officers as the 9 council deems necessary. A majority of the voting members 10 currently appointed to the council shall constitute a quorum. 11 A quorum shall be required for the conduct of business of the 12 council and the affirmative vote of a majority of the currently 13 appointed members is necessary for any substantive action taken 14 by the council. A member shall not vote on any action if the 15 member has a conflict of interest on the matter and a statement 16 by the member of a conflict of interest shall be conclusive for 17 this purpose. 18 Sec. 143. Section 216A.133, subsection 5, Code 2009, is 19 amended to read as follows: 20 5. Administer federal funds and funds appropriated by 21 the state or that are otherwise available in compliance with 22 applicable laws, regulations, and other requirements for 23 purposes of study, research, investigation, planning, and 24 implementation in the areas of criminal and juvenile justice. 25 Sec. 144. Section 216A.133, Code 2009, is amended by adding 26 the following new subsections: 27 NEW SUBSECTION . 8. Provide input to the department director 28 in the development of budget recommendations for the division. 29 NEW SUBSECTION . 9. Serve as liaison between the division 30 and the public, sharing information and gathering constituency 31 input. 32 NEW SUBSECTION . 10. Recommend to the board for adoption 33 rules pursuant to chapter 17A as it deems necessary for the 34 council and division. 35 -70- LSB 5073SV (48) 83 ec/rj 70/ 290
S.F. 2088 NEW SUBSECTION . 11. Recommend legislative and executive 1 action to the governor and general assembly. 2 NEW SUBSECTION . 12. Establish advisory committees, work 3 groups, or other coalitions as appropriate. 4 Sec. 145. Section 216A.138, subsection 8, Code 2009, is 5 amended by striking the subsection. 6 Sec. 146. Section 216A.141, subsection 1, Code 2009, is 7 amended by striking the subsection. 8 Sec. 147. Section 216A.141, subsection 3, Code 2009, is 9 amended to read as follows: 10 3. “Division” “Office” means the division office on the 11 status of African-Americans African Americans of the department 12 of human rights. 13 Sec. 148. Section 216A.142, Code 2009, is amended by 14 striking the section and inserting in lieu thereof the 15 following: 16 216A.142 Commission on the status of African Americans 17 established. 18 1. The commission on the status of African Americans is 19 established and shall consist of seven members appointed by 20 the governor, subject to confirmation by the senate. All 21 members shall reside in Iowa. At least five members shall be 22 individuals who are African American. 23 2. Terms of office are staggered four-year terms. Members 24 whose terms expire may be reappointed. Vacancies on the 25 commission shall be filled for the remainder of the term of and 26 in the same manner as the original appointment. The commission 27 shall meet quarterly and may hold special meetings on the call 28 of the chairperson. The members of the commission shall be 29 reimbursed for actual expenses while engaged in their official 30 duties. Members may also be eligible to receive compensation 31 as provided in section 7E.6. 32 3. Members of the commission shall appoint a chairperson 33 and vice chairperson and other officers as the commission 34 deems necessary. A majority of members of the commission 35 -71- LSB 5073SV (48) 83 ec/rj 71/ 290
S.F. 2088 shall constitute a quorum. A quorum shall be required for the 1 conduct of business of the commission and the affirmative vote 2 of a majority of the currently appointed members is necessary 3 for any substantive action taken by the commission. A member 4 shall not vote on any action if the member has a conflict of 5 interest on the matter and a statement by the member of a 6 conflict of interest shall be conclusive for this purpose. 7 Sec. 149. Section 216A.143, Code 2009, is amended by 8 striking the section and inserting in lieu thereof the 9 following: 10 216A.143 Commission powers and duties. 11 The commission shall have the following powers and duties: 12 1. Study the opportunities for and changing needs of the 13 African American community in this state. 14 2. Serve as liaison between the office and the public, 15 sharing information and gathering constituency input. 16 3. Recommend to the board for adoption rules pursuant 17 to chapter 17A as it deems necessary for the commission and 18 office. 19 4. Recommend executive and legislative action to the 20 governor and general assembly. 21 5. Establish advisory committees, work groups, or other 22 coalitions as appropriate. 23 Sec. 150. Section 216A.146, Code 2009, is amended by 24 striking the section and inserting in lieu thereof the 25 following: 26 216A.146 Office on the status of African Americans. 27 The office on the status of African Americans is established 28 and shall do the following: 29 1. Serve as the central permanent agency to advocate for 30 African Americans. 31 2. Coordinate and cooperate with the efforts of state 32 departments and agencies to serve the needs of African 33 Americans in participating fully in the economic, social, and 34 cultural life of the state, and provide direct assistance to 35 -72- LSB 5073SV (48) 83 ec/rj 72/ 290
S.F. 2088 individuals who request it. 1 3. Develop, coordinate, and assist other public or private 2 organizations which serve African Americans. 3 4. Serve as an information clearinghouse on programs and 4 agencies operating to assist African Americans. 5 Sec. 151. Section 216A.151, subsection 1, Code 2009, is 6 amended by striking the subsection. 7 Sec. 152. Section 216A.151, subsection 3, Code 2009, is 8 amended to read as follows: 9 3. “Commission” means the commission on the status of 10 Iowans of Asian and Pacific Islander heritage affairs . 11 Sec. 153. Section 216A.151, subsection 4, Code 2009, is 12 amended to read as follows: 13 4. “Division” “Office” means the division on the status of 14 Iowans office of Asian and Pacific Islander heritage affairs of 15 the department of human rights. 16 Sec. 154. Section 216A.152, Code 2009, is amended by 17 striking the section and inserting in lieu thereof the 18 following: 19 216A.152 Commission of Asian and Pacific Islander affairs 20 established. 21 1. The commission of Asian and Pacific Islander affairs is 22 established and shall consist of seven members appointed by the 23 governor, subject to confirmation by the senate. Members shall 24 be appointed representing every geographical area of the state 25 and ethnic groups of Asian and Pacific Islander heritage. All 26 members shall reside in Iowa. 27 2. Terms of office are four years and shall begin and end 28 pursuant to section 69.19. Members whose terms expire may be 29 reappointed. Vacancies on the commission may be filled for the 30 remainder of the term of and in the same manner as the original 31 appointment. Members shall receive actual expenses incurred 32 while serving in their official capacity, subject to statutory 33 limits. Members may also be eligible to receive compensation 34 as provided in section 7E.6. 35 -73- LSB 5073SV (48) 83 ec/rj 73/ 290
S.F. 2088 3. Members of the commission shall appoint a chairperson 1 and vice chairperson and other officers as the commission deems 2 necessary. The commission shall meet at least quarterly during 3 each fiscal year. A majority of the members of the commission 4 shall constitute a quorum. A quorum shall be required for the 5 conduct of business of the commission and the affirmative vote 6 of a majority of the currently appointed members is necessary 7 for any substantive action taken by the commission. A member 8 shall not vote on any action if the member has a conflict of 9 interest on the matter and a statement by the member of a 10 conflict of interest shall be conclusive for this purpose. 11 Sec. 155. Section 216A.153, Code 2009, is amended by 12 striking the section and inserting in lieu thereof the 13 following: 14 216A.153 Commission powers and duties. 15 The commission shall have the following powers and duties: 16 1. Study the opportunities for and changing needs of the 17 Asian and Pacific Islander persons in this state. 18 2. Serve as liaison between the office and the public, 19 sharing information and gathering constituency input. 20 3. Recommend to the board for adoption rules pursuant 21 to chapter 17A as it deems necessary for the commission and 22 office. 23 4. Recommend legislative and executive action to the 24 governor and general assembly. 25 5. Establish advisory committees, work groups, or other 26 coalitions as appropriate. 27 Sec. 156. Section 216A.154, Code 2009, is amended by 28 striking the section and inserting in lieu thereof the 29 following: 30 216A.154 Office of Asian and Pacific Islander affairs. 31 The office of Asian and Pacific Islander affairs is 32 established and shall do the following: 33 1. Serve as the central permanent agency to advocate for 34 Iowans of Asian and Pacific Islander heritage. 35 -74- LSB 5073SV (48) 83 ec/rj 74/ 290
S.F. 2088 2. Coordinate and cooperate with the efforts of state 1 departments and agencies to serve the needs of Iowans of Asian 2 and Pacific Islander heritage in participating fully in the 3 economic, social, and cultural life of the state, and provide 4 direct assistance to individuals who request it. 5 3. Develop, coordinate, and assist other public or private 6 organizations which serve Iowans of Asian and Pacific Islander 7 heritage. 8 4. Serve as an information clearinghouse on programs 9 and agencies operating to assist Iowans of Asian and Pacific 10 Islander heritage. 11 Sec. 157. Section 216A.161, subsection 1, Code 2009, is 12 amended by striking the subsection. 13 Sec. 158. Section 216A.161, subsection 2, Code 2009, is 14 amended to read as follows: 15 2. “Commission” means the commission on of Native American 16 affairs. 17 Sec. 159. Section 216A.161, subsection 3, Code 2009, is 18 amended to read as follows: 19 3. “Division” “Office” means the division on office 20 of Native American affairs of the department of human rights. 21 Sec. 160. Section 216A.162, subsection 1, Code 2009, is 22 amended to read as follows: 23 1. A commission on of Native American affairs is established 24 consisting of eleven voting members appointed by the governor, 25 subject to confirmation by the senate. The members of the 26 commission shall appoint one of the members to serve as 27 chairperson of the commission. 28 Sec. 161. Section 216A.162, Code 2009, is amended by adding 29 the following new subsection: 30 NEW SUBSECTION . 4. Members of the commission shall appoint 31 one of their members to serve as chairperson and may appoint 32 such other officers as the commission deems necessary. The 33 commission shall meet at least four times per year and shall 34 hold special meetings on the call of the chairperson. The 35 -75- LSB 5073SV (48) 83 ec/rj 75/ 290
S.F. 2088 members of the commission shall be reimbursed for actual 1 expenses while engaged in their official duties. A member 2 may also be eligible to receive compensation as provided in 3 section 7E.6. A majority of the members of the commission 4 shall constitute a quorum. A quorum shall be required for the 5 conduct of business of the commission and the affirmative vote 6 of a majority of the currently appointed members is necessary 7 for any substantive action taken by the commission. A member 8 shall not vote on any action if the member has a conflict of 9 interest on the matter and a statement by the member of a 10 conflict of interest shall be conclusive for this purpose. 11 Sec. 162. Section 216A.165, subsections 1 through 9, Code 12 2009, are amended by striking the subsections and inserting in 13 lieu thereof the following: 14 1. Study the opportunities for and changing needs of Native 15 American persons in this state. 16 2. Serve as a liaison between the department and the public, 17 sharing information and gathering constituency input. 18 3. Recommend to the board for adoption rules pursuant 19 to chapter 17A as it deems necessary for the commission and 20 office. 21 4. Recommend legislative and executive action to the 22 governor and general assembly. 23 5. Establish advisory committees, work groups, or other 24 coalitions as appropriate. 25 Sec. 163. Section 216A.166, Code 2009, is amended by 26 striking the section and inserting in lieu thereof the 27 following: 28 216A.166 Office of Native American affairs. 29 The office of Native American affairs is established and 30 shall do the following: 31 1. Serve as the central permanent agency to advocate for 32 Native Americans. 33 2. Coordinate and cooperate with the efforts of state 34 departments and agencies to serve the needs of Native Americans 35 -76- LSB 5073SV (48) 83 ec/rj 76/ 290
S.F. 2088 in participating fully in the economic, social, and cultural 1 life of the state, and provide direct assistance to individuals 2 who request it. 3 3. Develop, coordinate, and assist other public or private 4 organizations which serve Native Americans. 5 4. Serve as an information clearinghouse on programs and 6 agencies operating to assist Native Americans. 7 Sec. 164. Section 216A.167, subsections 1 and 2, Code 2009, 8 are amended by striking the subsections. 9 Sec. 165. Section 216A.167, subsection 3, unnumbered 10 paragraph 1, Code 2009, is amended to read as follows: 11 The commission and office shall not have the authority to do 12 any of the following: 13 Sec. 166. REPEAL. Sections 216A.16, 216A.17, 216A.55, 14 216A.56, 216A.57, 216A.58, 216A.59, 216A.60, 216A.73, 216A.76, 15 216A.77, 216A.78, 216A.79, 216A.101, 216A.103, 216A.115, 16 216A.116, 216A.117, 216A.134, 216A.144, 216A.145, 216A.147, 17 216A.148, 216A.149, 216A.155, 216A.156, 216A.157, 216A.158, 18 216A.159, 216A.160, 216A.164, 216A.168, 216A.169, and 216A.170, 19 Code 2009, are repealed. 20 Sec. 167. DEPARTMENT OF HUMAN RIGHTS REORGANIZATION —— 21 TRANSITION PROVISIONS. 22 1. Except for the department director, no other employee 23 of the department of human rights shall be appointed by the 24 governor. Those persons now occupying positions that were 25 previously appointed by the governor shall be retained but 26 shall be subject to the merit system and state human resource 27 management system as provided by sections 8A.412 and 8A.413. 28 2. Through December 31, 2010, the department director shall 29 be granted reasonable flexibility within the department’s 30 appropriation and allotted full-time equivalent positions to 31 reassign, retrain, or reclassify personnel as deemed necessary 32 in order to most effectively and efficiently carry out the 33 department’s mission. Any personnel in the state merit system 34 of employment who are transferred from one work unit to another 35 -77- LSB 5073SV (48) 83 ec/rj 77/ 290
S.F. 2088 due to the effect of this division of this Act shall be so 1 transferred without any loss in salary, benefits, or accrued 2 years of service. 3 3. In regard to updating references and format in the Iowa 4 administrative code in order to correspond to the transferring 5 of the authority to adopt rules from the previous divisions 6 of the department of human rights to the department of human 7 rights as established by this division of this Act, the 8 administrative rules coordinator and the administrative rules 9 review committee, in consultation with the administrative code 10 editor, shall jointly develop a schedule for the necessary 11 updating of the Iowa administrative code. 12 4. Current contracts that bind any division of the 13 department of human rights shall be honored by the department, 14 or expediently and judiciously amended if changes in the name 15 of the contractor must be made before the expiration of the 16 contract. 17 5. All client and organizational files in the possession 18 of any office subsumed within the division of community 19 advocacy and services as enacted by this division of this Act 20 will become the property of the office that will serve that 21 population. 22 6. Any replacement of signs, logos, stationery, insignia, 23 uniforms, and related items that is made due to the effect of 24 this division of this Act shall if possible be done as part of 25 the normal replacement cycle for such items. 26 7. The governor, in consultation with the director of 27 the department of human rights, shall establish a process 28 to implement the requirements of this division of this Act 29 and shall have the authority to terminate and modify the 30 terms of office of voting members of the commissions and the 31 council within the department of human rights in order to 32 effectuate the requirements of this division of this Act. New 33 appointments or reappointments to the commissions and the 34 council as required by this division of this Act shall be made 35 -78- LSB 5073SV (48) 83 ec/rj 78/ 290
S.F. 2088 to effectuate the requirement, if applicable, that members 1 shall serve for staggered four-year terms. 2 Sec. 168. EFFECTIVE UPON ENACTMENT. This division of this 3 Act, being deemed of immediate importance, takes effect upon 4 enactment. 5 DIVISION XII 6 GAMBLING SETOFFS 7 Sec. 169. Section 99D.28, subsection 1, Code 2009, is 8 amended to read as follows: 9 1. A licensee or a person acting on behalf of a licensee 10 shall be provided electronic access to the names of the 11 persons indebted to a claimant agency pursuant to the process 12 established pursuant to section 99D.7, subsection 23. The 13 electronic access provided by the claimant agency shall include 14 access to the names of the debtors, their social security 15 numbers, and any other information that assists the licensee 16 in identifying the debtors. If the name of a debtor provided 17 to the licensee through electronic access is retrieved by 18 the licensee and the winnings are equal to or greater than 19 ten one thousand two hundred dollars per occurrence, the 20 retrieval of such a name shall constitute a valid lien upon and 21 claim of lien against the winnings of the debtor whose name 22 is electronically retrieved from the claimant agency. If a 23 debtor’s winnings are equal to or greater than ten one thousand 24 two hundred dollars per occurrence, the full amount of the debt 25 shall be collectible from any winnings due the debtor without 26 regard to limitations on the amounts that may be collectible in 27 increments through setoff or other proceedings. 28 Sec. 170. Section 99F.19, subsection 1, Code 2009, is 29 amended to read as follows: 30 1. A licensee or a person acting on behalf of a licensee 31 shall be provided electronic access to the names of the 32 persons indebted to a claimant agency pursuant to the process 33 established pursuant to section 99F.4, subsection 26. The 34 electronic access provided by the claimant agency shall include 35 -79- LSB 5073SV (48) 83 ec/rj 79/ 290
S.F. 2088 access to the names of the debtors, their social security 1 numbers, and any other information that assists the licensee 2 in identifying the debtors. If the name of a debtor provided 3 to the licensee through electronic access is retrieved by 4 the licensee and the winnings are equal to or greater than 5 ten one thousand two hundred dollars per occurrence, the 6 retrieval of such a name shall constitute a valid lien upon and 7 claim of lien against the winnings of the debtor whose name 8 is electronically retrieved from the claimant agency. If a 9 debtor’s winnings are equal to or greater than ten one thousand 10 two hundred dollars per occurrence, the full amount of the debt 11 shall be collectible from any winnings due the debtor without 12 regard to limitations on the amounts that may be collectible in 13 increments through setoff or other proceedings. 14 DIVISION XIII 15 DEPARTMENT OF MANAGEMENT —— FINANCIAL ADMINISTRATION 16 REORGANIZATION 17 Sec. 171. NEW SECTION . 8.71 Definitions. 18 As used in this section and sections 8.72 through 8.89, 19 unless the context otherwise requires: 20 1. “Agency” or “state agency” means a unit of state 21 government, which is an authority, board, commission, 22 committee, council, department, or independent agency as 23 defined in section 7E.4, including but not limited to each 24 principal central department enumerated in section 7E.5. 25 However, “agency” or “state agency” does not mean any of the 26 following: 27 a. The office of the governor or the office of an elective 28 constitutional or statutory officer. 29 b. The general assembly, or any office or unit under its 30 administrative authority. 31 c. The judicial branch, as provided in section 602.1102. 32 d. A political subdivision of the state or its offices 33 or units, including but not limited to a county, city, or 34 community college. 35 -80- LSB 5073SV (48) 83 ec/rj 80/ 290
S.F. 2088 2. “Department” means the department of management. 1 3. “Director” means the director of the department of 2 management or the director’s designee. 3 Sec. 172. NEW SECTION . 8.72 Financial administration 4 duties. 5 The department shall provide for the efficient management 6 and administration of the financial resources of state 7 government and shall have and assume the following powers and 8 duties: 9 1. Centralized accounting and payroll system. To assume the 10 responsibilities related to a centralized accounting system for 11 state government and to establish a centralized payroll system 12 for all state agencies. 13 2. Setoff procedures. To establish and maintain a setoff 14 procedure as provided in section 8.74. 15 3. Cost allocation system. To establish a cost allocation 16 system as provided in section 8.75. 17 4. Collection and payment of funds —— monthly payments. To 18 control the payment of all moneys into the state treasury, 19 and all payments from the state treasury by the preparation 20 of appropriate warrants, or warrant checks, directing such 21 collections and payment, and to advise the treasurer of state 22 monthly in writing of the amount of public funds not currently 23 needed for operating expenses. Whenever the state treasury 24 includes state funds that require distribution to counties, 25 cities, or other political subdivisions of this state, and the 26 counties, cities, and other political subdivisions certify to 27 the director that warrants will be stamped for lack of funds 28 within the thirty-day period following certification, the 29 director may partially distribute the funds on a monthly basis. 30 Whenever the law requires that any funds be paid by a specific 31 date, the director shall prepare a final accounting and shall 32 make a final distribution of any remaining funds prior to that 33 date. 34 5. Preaudit system. To establish and fix a reasonable 35 -81- LSB 5073SV (48) 83 ec/rj 81/ 290
S.F. 2088 imprest cash fund for each state department and institution 1 for disbursement purposes where needed. These revolving 2 funds shall be reimbursed only upon vouchers approved by the 3 director. It is the purpose of this subsection to establish a 4 preaudit system of settling all claims against the state, but 5 the preaudit system is not applicable to any of the following: 6 a. Institutions under the control of the state board of 7 regents. 8 b. The state fair board as established in chapter 173. 9 c. The Iowa dairy industry commission as established in 10 chapter 179, the Iowa beef cattle producers association as 11 established in chapter 181, the Iowa pork producers council 12 as established in chapter 183A, the Iowa egg council as 13 established in chapter 184, the Iowa turkey marketing council 14 as established in chapter 184A, the Iowa soybean association 15 as provided in chapter 185, and the Iowa corn promotion board 16 as established in chapter 185C. 17 6. Audit of claims. To set rules and procedures for the 18 preaudit of claims by individual agencies or organizations. 19 The director reserves the right to refuse to accept incomplete 20 or incorrect claims and to review, preaudit, or audit claims 21 as determined by the director. 22 7. Contracts. To certify, record, and encumber all formal 23 contracts to prevent overcommitment of appropriations and 24 allotments. 25 8. Accounts. To keep the central budget and proprietary 26 control accounts of the general fund of the state and special 27 funds, as defined in section 8.2, of the state government. 28 Upon elimination of the state deficit under generally accepted 29 accounting principles, including the payment of items budgeted 30 in a subsequent fiscal year which under generally accepted 31 accounting principles should be budgeted in the current fiscal 32 year, the recognition of revenues received and expenditures 33 paid and transfers received and paid within the time period 34 required pursuant to section 8.33 shall be in accordance with 35 -82- LSB 5073SV (48) 83 ec/rj 82/ 290
S.F. 2088 generally accepted accounting principles. Budget accounts 1 are those accounts maintained to control the receipt and 2 disposition of all funds, appropriations, and allotments. 3 Proprietary accounts are those accounts relating to assets, 4 liabilities, income, and expense. For each fiscal year, the 5 financial position and results of operations of the state shall 6 be reported in a comprehensive annual financial report prepared 7 in accordance with generally accepted accounting principles, as 8 established by the governmental accounting standards board. 9 9. Fair board and state board of regents. To control 10 the financial operations of the state fair board and the 11 institutions under the state board of regents: 12 a. By charging all warrants issued to the respective 13 educational institutions and the state fair board to an advance 14 account to be further accounted for and not as an expense which 15 requires no further accounting. 16 b. By charging all collections made by the educational 17 institutions and state fair board to the respective advance 18 accounts of the institutions and state fair board, and by 19 crediting all such repayment collections to the respective 20 appropriations and special funds. 21 c. By charging all disbursements made to the respective 22 allotment accounts of each educational institution or state 23 fair board and by crediting all such disbursements to the 24 respective advance and inventory accounts. 25 d. By requiring a monthly abstract of all receipts and 26 of all disbursements, both money and stores, and a complete 27 account current each month from each educational institution 28 and the state fair board. 29 10. Entities representing agricultural producers. To control 30 the financial operations of the Iowa dairy industry commission 31 as provided in chapter 179, the Iowa beef cattle producers 32 association as provided in chapter 181, the Iowa pork producers 33 council as provided in chapter 183A, the Iowa egg council as 34 provided in chapter 184, the Iowa turkey marketing council 35 -83- LSB 5073SV (48) 83 ec/rj 83/ 290
S.F. 2088 as provided in chapter 184A, the Iowa soybean association as 1 provided in chapter 185, and the Iowa corn promotion board as 2 provided in chapter 185C. 3 11. Custody of records. To have the custody of all books, 4 papers, records, documents, vouchers, conveyances, leases, 5 mortgages, bonds, and other securities appertaining to the 6 fiscal affairs and property of the state, which are not 7 required to be kept in some other office. 8 12. Interest of the permanent school fund. To transfer the 9 interest of the permanent school fund to the credit of the 10 interest for Iowa schools fund. 11 13. Forms. To prescribe all accounting and business 12 forms and the system of accounts and reports of financial 13 transactions by all departments and agencies of the state 14 government other than those of the legislative branch. 15 14. Federal cash management and improvement act 16 administrator. 17 a. To serve as administrator for state actions relating to 18 the federal Cash Management and Improvement Act of 1990, Pub. 19 L. No. 101=453, as codified in 31 U.S.C. § 6503. The director 20 shall perform the following duties relating to the federal law: 21 (1) Act as the designated representative of the state in the 22 negotiation and administration of contracts between the state 23 and federal government relating to the federal law. 24 (2) Modify the centralized statewide accounting system 25 and develop, or require to be developed by the appropriate 26 departments of state government, the reports and procedures 27 necessary to complete the managerial and financial reports 28 required to comply with the federal law. 29 b. There is annually appropriated from the general fund 30 of the state to the department an amount sufficient to pay 31 interest costs that may be due the federal government as a 32 result of implementation of the federal law. This paragraph 33 does not authorize the payment of interest from the general 34 fund of the state for any department of administrative 35 -84- LSB 5073SV (48) 83 ec/rj 84/ 290
S.F. 2088 services’ revolving, trust, or special fund of the department 1 of administrative services where monthly interest earnings 2 accrue to the credit of the department of administrative 3 services’ revolving, trust, or special fund. For any 4 department of administrative services’ revolving, trust, or 5 special fund where monthly interest is accrued to the credit of 6 the fund, the director may authorize a supplemental expenditure 7 to pay interest costs from the individual fund which are due 8 the federal government as a result of implementation of the 9 federal law. 10 Sec. 173. NEW SECTION . 8.73 Rules —— deposit of 11 departmental moneys. 12 The director shall prescribe by rule the manner and methods 13 by which all departments and agencies of the state that 14 collect money for and on behalf of the state shall cause the 15 money to be deposited with the treasurer of state or in a 16 depository designated by the treasurer of state. All such 17 moneys collected shall be deposited at such times and in such 18 depositories to permit the state of Iowa to deposit the funds 19 in a manner consistent with the state’s investment policies. 20 All such moneys shall be promptly deposited, as directed, even 21 though the individual amount remitted may not be correct. If 22 any individual amount remitted is in excess of the amount 23 required, the department or agency receiving the same shall 24 refund the excess amount. If the individual amount remitted is 25 insufficient, the person, firm, or corporation concerned shall 26 be immediately billed for the amount of the deficiency. 27 Sec. 174. NEW SECTION . 8.74 Setoff procedures. 28 1. Definitions. As used in this section, unless the context 29 otherwise requires: 30 a. “Collection entity” means the department of management 31 and any other state agency that maintains a separate accounting 32 system and elects to establish a debt collection setoff 33 procedure for collection of debts owed to the state or its 34 agencies. 35 -85- LSB 5073SV (48) 83 ec/rj 85/ 290
S.F. 2088 b. “Person” does not include a state agency. 1 c. “Qualifying debt” includes but is not limited to the 2 following: 3 (1) Any debt, which is assigned to the department of human 4 services, or which the child support recovery unit is otherwise 5 attempting to collect, or which the foster care recovery unit 6 of the department of human services is attempting to collect 7 on behalf of a child receiving foster care provided by the 8 department of human services. 9 (2) An amount that is due because of a default on a 10 guaranteed student or parental loan under chapter 261. 11 (3) Any debt which is in the form of a liquidated sum due, 12 owing, and payable to the clerk of the district court. 13 d. “State agency” means a board, commission, department, 14 including the department of administrative services, or other 15 administrative office or unit of the state of Iowa or any 16 other state entity reported in the Iowa comprehensive annual 17 financial report, or a political subdivision of the state, or 18 an office or unit of a political subdivision. “State agency” 19 does include the clerk of the district court as it relates to 20 the collection of a qualifying debt. “State agency” does not 21 include the general assembly or the governor. 22 2. Setoff procedure. The collection entity shall establish 23 and maintain a procedure to set off against any claim owed to 24 a person by a state agency any liability of that person owed 25 to a state agency, a support debt being enforced by the child 26 support recovery unit pursuant to chapter 252B, or such other 27 qualifying debt. The procedure shall only apply when at the 28 discretion of the director it is feasible. The procedure shall 29 meet the following conditions: 30 a. Before setoff, a person’s liability to a state agency and 31 the person’s claim on a state agency shall be in the form of a 32 liquidated sum due, owing, and payable. 33 b. Before setoff, the state agency shall obtain and forward 34 to the collection entity the full name and social security 35 -86- LSB 5073SV (48) 83 ec/rj 86/ 290
S.F. 2088 number of the person liable to it or to whom a claim is owing 1 who is a natural person. If the person is not a natural person, 2 before setoff, the state agency shall forward to the collection 3 entity the information concerning the person as the collection 4 entity shall, by rule, require. The collection entity 5 shall cooperate with other state agencies in the exchange of 6 information relevant to the identification of persons liable 7 to or of claimants of state agencies. However, the collection 8 entity shall provide only relevant information required by a 9 state agency. The information shall be held in confidence 10 and used for the purpose of setoff only. Section 422.72, 11 subsection 1, does not apply to this paragraph. 12 c. Before setoff, a state agency shall, at least annually, 13 submit to the collection entity the information required 14 by paragraph “b” along with the amount of each person’s 15 liability to and the amount of each claim on the state agency. 16 The collection entity may, by rule, require more frequent 17 submissions. 18 d. Before setoff, the amount of a person’s claim on a state 19 agency and the amount of a person’s liability to a state agency 20 shall constitute a minimum amount set by rule of the collection 21 entity. 22 e. Upon submission of an allegation of liability by a state 23 agency, the collection entity shall notify the state agency 24 whether the person allegedly liable is entitled to payment from 25 a state agency, and, if so entitled, shall notify the state 26 agency of the amount of the person’s entitlement and of the 27 person’s last address known to the collection entity. Section 28 422.72, subsection 1, does not apply to this paragraph. 29 f. (1) Upon notice of entitlement to a payment, the state 30 agency shall send written notification to that person of the 31 state agency’s assertion of its rights to all or a portion of 32 the payment and of the state agency’s entitlement to recover 33 the liability through the setoff procedure, the basis of 34 the assertion, the opportunity to request that a jointly or 35 -87- LSB 5073SV (48) 83 ec/rj 87/ 290
S.F. 2088 commonly owned right to payment be divided among owners, and 1 the person’s opportunity to give written notice of intent 2 to contest the amount of the allegation. The state agency 3 shall send a copy of the notice to the collection entity. A 4 state agency subject to chapter 17A shall give notice, conduct 5 hearings, and allow appeals in conformity with chapter 17A. 6 (2) However, upon submission of an allegation of the 7 liability of a person which is owing and payable to the 8 clerk of the district court and upon the determination by 9 the collection entity that the person allegedly liable is 10 entitled to payment from a state agency, the collection entity 11 shall send written notification to the person which states the 12 assertion by the clerk of the district court of rights to all 13 or a portion of the payment, the clerk’s entitlement to recover 14 the liability through the setoff procedure, the basis of the 15 assertions, the person’s opportunity to request within fifteen 16 days of the mailing of the notice that the collection entity 17 divide a jointly or commonly owned right to payment between 18 owners, the opportunity to contest the liability to the clerk 19 by written application to the clerk within fifteen days of the 20 mailing of the notice, and the person’s opportunity to contest 21 the collection entity’s setoff procedure. 22 g. Upon the timely request of a person liable to a state 23 agency or of the spouse of that person and upon receipt of the 24 full name and social security number of the person’s spouse, 25 a state agency shall notify the collection entity of the 26 request to divide a jointly or commonly owned right to payment. 27 Any jointly or commonly owned right to payment is rebuttably 28 presumed to be owned in equal portions by its joint or common 29 owners. 30 h. The collection entity shall, after the state agency has 31 sent notice to the person liable or, if the liability is owing 32 and payable to the clerk of the district court, the collection 33 entity has sent notice to the person liable, set off the amount 34 owed to the agency against any amount which a state agency owes 35 -88- LSB 5073SV (48) 83 ec/rj 88/ 290
S.F. 2088 that person. The collection entity shall refund any balance 1 of the amount to the person. The collection entity shall 2 periodically transfer amounts set off to the state agencies 3 entitled to them. If a person liable to a state agency gives 4 written notice of intent to contest an allegation, a state 5 agency shall hold a refund or rebate until final disposition 6 of the allegation. Upon completion of the setoff, a state 7 agency shall notify in writing the person who was liable or, 8 if the liability is owing and payable to the clerk of the 9 district court, shall comply with the procedures as provided 10 in paragraph “j” . 11 i. The department of revenue’s existing right to credit 12 against tax due or to become due under section 422.73 is not to 13 be impaired by a right granted to or a duty imposed upon the 14 collection entity or other state agency by this section. This 15 section is not intended to impose upon the collection entity or 16 the department of revenue any additional requirement of notice, 17 hearing, or appeal concerning the right to credit against tax 18 due under section 422.73. 19 j. If the alleged liability is owing and payable to the 20 clerk of the district court and setoff as provided in this 21 section is sought, all of the following shall apply: 22 (1) The judicial branch shall prescribe procedures to 23 permit a person to contest the amount of the person’s liability 24 to the clerk of the district court. 25 (2) The collection entity shall, except for the procedures 26 described in subparagraph (1), prescribe any other applicable 27 procedures concerning setoff as provided in this subsection. 28 (3) Upon completion of the setoff, the collection entity 29 shall file, at least monthly, with the clerk of the district 30 court a notice of satisfaction of each obligation to the 31 full extent of all moneys collected in satisfaction of the 32 obligation. The clerk shall record the notice and enter a 33 satisfaction for the amounts collected and a separate written 34 notice is not required. 35 -89- LSB 5073SV (48) 83 ec/rj 89/ 290
S.F. 2088 3. Priority claims. In the case of multiple claims to 1 payments filed under this section, priority shall be given to 2 claims filed by the child support recovery unit or the foster 3 care recovery unit, next priority shall be given to claims 4 filed by the college student aid commission, next priority 5 shall be given to claims filed by the investigations division 6 of the department of inspections and appeals, next priority 7 shall be given to claims filed by a clerk of the district 8 court, and last priority shall be given to claims filed by 9 other state agencies. In the case of multiple claims in which 10 the priority is not otherwise provided by this subsection, 11 priority shall be determined in accordance with rules to be 12 established by the director. 13 4. State reciprocal agreements. The director shall have 14 the authority to enter into reciprocal agreements with the 15 departments of revenue of other states that have enacted 16 legislation that is substantially equivalent to the setoff 17 procedure provided in this section for the recovery of an 18 amount due because of a default on a guaranteed student or 19 parental loan under chapter 261. A reciprocal agreement shall 20 also be approved by the college student aid commission. The 21 agreement shall authorize the department to provide by rule for 22 the setoff of state income tax refunds or rebates of defaulters 23 from states with which Iowa has a reciprocal agreement and to 24 provide for sending lists of names of Iowa defaulters to the 25 states with which Iowa has a reciprocal agreement for setoff of 26 that state’s income tax refunds. 27 5. Agency reimbursements. Under substantive rules 28 established by the director, the department shall seek 29 reimbursement from other state agencies to recover its costs 30 for setting off liabilities. 31 Sec. 175. NEW SECTION . 8.75 Cost allocation system —— 32 appropriation. 33 The department shall develop and administer an indirect 34 cost allocation system for state agencies. The system shall 35 -90- LSB 5073SV (48) 83 ec/rj 90/ 290
S.F. 2088 be based upon standard cost accounting methodologies and shall 1 be used to allocate both direct and indirect costs of state 2 agencies or state agency functions in providing centralized 3 services to other state agencies. A cost that is allocated to 4 a state agency pursuant to this system shall be billed to the 5 state agency and the cost is payable to the general fund of the 6 state. The source of payment for the billed cost shall be any 7 revenue source except for the general fund of the state. If a 8 state agency is authorized by law to bill and recover direct 9 expenses, the state agency shall recover indirect costs in the 10 same manner. 11 Sec. 176. NEW SECTION . 8.76 Accounting. 12 The director may at any time require any person receiving 13 money, securities, or property belonging to the state, or 14 having the management, disbursement, or other disposition of 15 them, an account of which is kept in the department, to render 16 statements of them and information in reference to them. 17 Sec. 177. NEW SECTION . 8.77 Stating account. 18 If an officer who is accountable to the state treasury for 19 any money or property neglects to render an account to the 20 director within the time prescribed by law, or if no time is so 21 prescribed, within twenty days after being required to do so by 22 the director, the director shall state an account against the 23 officer from the books of the officer’s office, charging ten 24 percent damages on the whole sum appearing due, and interest 25 at the rate of six percent per annum on the aggregate from the 26 time when the account should have been rendered; all of which 27 may be recovered by action brought on the account, or on the 28 official bond of the officer. 29 Sec. 178. NEW SECTION . 8.78 Compelling payment. 30 If an officer fails to pay into the state treasury the amount 31 received by the officer within the time prescribed by law, or 32 having settled with the director, fails to pay the amount found 33 due, the director shall charge the officer with twenty percent 34 damages on the amount due, with interest on the aggregate from 35 -91- LSB 5073SV (48) 83 ec/rj 91/ 290
S.F. 2088 the time the amount became due at the rate of six percent per 1 annum, and the whole may be recovered by an action brought on 2 the account, or on the official bond of the officer, and the 3 officer shall forfeit the officer’s commission. 4 Sec. 179. NEW SECTION . 8.79 Defense to claim. 5 The penal provisions in sections 8.77 and 8.78 are subject 6 to any legal defense which the officer may have against the 7 account as stated by the director, but judgment for costs shall 8 be rendered against the officer in the action, whatever its 9 result, unless the officer rendered an account within the time 10 named in those sections. 11 Sec. 180. NEW SECTION . 8.80 Requested credits —— oath 12 required. 13 When a county treasurer or other receiver of public moneys 14 seeks to obtain credit on the books of the department for 15 payment made to the county treasurer, before giving such credit 16 the director shall require that person to take and subscribe an 17 oath that the person has not used, loaned, or appropriated any 18 of the public moneys for the person’s private benefit or for 19 the benefit of any other person. 20 Sec. 181. NEW SECTION . 8.81 Requisition for information. 21 In those cases where the director is authorized to call 22 upon persons or officers for information, or statements, 23 or accounts, the director may issue a requisition therefor 24 in writing to the person or officer called upon, allowing 25 reasonable time, which, having been served and return made to 26 the director, as a notice in a civil action, is evidence of the 27 making of the requisition. 28 Sec. 182. NEW SECTION . 8.82 Limits on claims. 29 The director is limited in authorizing the payment of 30 claims, as follows: 31 1. Funding limit. 32 a. A claim shall not be allowed by the department if the 33 appropriation or fund of certification available for paying the 34 claim has been exhausted or proves insufficient. 35 -92- LSB 5073SV (48) 83 ec/rj 92/ 290
S.F. 2088 b. The authority of the director is subject to the following 1 exceptions: 2 (1) Claims by state employees for benefits pursuant to 3 chapters 85, 85A, 85B, and 86 are subject to limitations 4 provided in those chapters. 5 (2) Claims for medical assistance payments authorized under 6 chapter 249A are subject to the time limits imposed by rule 7 adopted by the department of human services. 8 (3) Claims approved by an agency according to the provisions 9 of section 25.2. 10 2. Convention expenses. Claims for expenses in attending 11 conventions, meetings, conferences, or gatherings of members 12 of an association or society organized and existing as a 13 quasi-public association or society outside the state of Iowa 14 shall not be allowed at public expense, unless authorized by 15 the executive council; and claims for these expenses outside 16 of the state shall not be allowed unless the voucher is 17 accompanied by the portion of the minutes of the executive 18 council, certified to by its secretary, showing that the 19 expense was authorized by the council. This section does not 20 apply to claims in favor of the governor, attorney general, 21 utilities board members, or to trips referred to in sections 22 97B.7A and 217.20. 23 3. Payment from fees. Claims for per diem and expenses 24 payable from fees shall not be approved for payment in excess 25 of those fees if the law provides that such expenditures are 26 limited to the special funds collected and deposited in the 27 state treasury. 28 Sec. 183. NEW SECTION . 8.83 Claims —— approval. 29 The director before approving a claim on behalf of the 30 department shall determine: 31 1. That the creation of the claim is clearly authorized by 32 law. Statutes authorizing the expenditure may be referenced 33 through account coding authorized by the director. 34 2. That the claim has been authorized by an officer or 35 -93- LSB 5073SV (48) 83 ec/rj 93/ 290
S.F. 2088 official body having legal authority to so authorize and that 1 the fact of authorization has been certified to the director by 2 such officer or official body. 3 3. That all legal requirements have been observed, 4 including notice and opportunity for competition, if required 5 by law. 6 4. That the claim is in proper form as the director may 7 provide. 8 5. That the charges are reasonable, proper, and correct and 9 no part of the claim has been paid. 10 Sec. 184. NEW SECTION . 8.84 Vouchers —— interest —— payment 11 of claims. 12 1. Before a warrant or its equivalent is issued for 13 a claim payable from the state treasury, the department 14 shall file an itemized voucher showing in detail the items 15 of service, expense, item furnished, or contract for which 16 payment is sought. However, the director may authorize the 17 prepayment of claims when the best interests of the state are 18 served under rules adopted by the director. The claimant’s 19 original invoice shall be attached to a department’s approved 20 voucher. The director shall adopt rules specifying the 21 form and contents for invoices submitted by a vendor to a 22 department. The requirements apply to acceptance of an invoice 23 by a department. A department shall not impose additional or 24 different requirements on submission of invoices than those 25 contained in rules of the director unless the director exempts 26 the department from the invoice requirements or a part of the 27 requirements upon a finding that compliance would result in 28 poor accounting or management practices. 29 2. Vouchers for postage, stamped envelopes, and postal 30 cards may be audited as soon as an order for them is entered. 31 3. The departments, the general assembly, and the courts 32 shall pay their claims in a timely manner. If a claim 33 for services, supplies, materials, or a contract which is 34 payable from the state treasury remains unpaid after sixty 35 -94- LSB 5073SV (48) 83 ec/rj 94/ 290
S.F. 2088 days following the receipt of the claim or the satisfactory 1 delivery, furnishing, or performance of the services, supplies, 2 materials, or contract, whichever date is later, the state 3 shall pay interest at the rate of one percent per month on 4 the unpaid amount of the claim. This subsection does not 5 apply to claims against the state under chapters 25 and 669 6 or to claims paid by federal funds. The interest shall be 7 charged to the appropriation or fund to which the claim is 8 certified. Departments may enter into contracts for goods or 9 services on payment terms of less than sixty days if the state 10 may obtain a financial benefit or incentive which would not 11 otherwise be available from the vendor. The department, in 12 consultation with other affected departments, shall develop 13 policies to promote consistency and fiscal responsibility 14 relating to payment terms authorized under this subsection. 15 The director shall adopt rules under chapter 17A relating to 16 the administration of this subsection. 17 Sec. 185. NEW SECTION . 8.85 Warrants —— form. 18 A warrant shall bear on its face the signature of the 19 director or its facsimile, or the signature of an assistant 20 or its facsimile in case of a vacancy in the office of the 21 director; a proper number, date, amount, and name of payee; 22 a reference to the law under which it is drawn; whether for 23 salaries or wages, services, or supplies, and what kind of 24 supplies; and from what office or department, or for what 25 other general or special purposes; or in lieu thereof, a 26 coding system may be used, which particulars shall be entered 27 in a warrant register kept for that purpose in the order of 28 issuance; and as soon as practicable after issuing a warrant 29 register, the director shall certify a duplicate of it to the 30 treasurer of state. 31 Sec. 186. NEW SECTION . 8.86 Required payee. 32 All warrants shall be drawn to the order of the person 33 entitled to payment or compensation, except that when goods 34 or materials are purchased in foreign countries, warrants may 35 -95- LSB 5073SV (48) 83 ec/rj 95/ 290
S.F. 2088 be drawn upon the treasurer of state, payable to the bearer 1 for the net amount of invoice and current exchange, and the 2 treasurer of state shall furnish a foreign draft payable to the 3 order of the person from whom purchase is made. 4 Sec. 187. NEW SECTION . 8.87 Prohibited payee. 5 In no case shall warrants be drawn in the name of the 6 certifying office, department, board, or institution, or in 7 the name of an employee, except for personal service rendered 8 or expense incurred by the employee, unless express statutory 9 authority exists therefor. 10 Sec. 188. NEW SECTION . 8.88 Claims exceeding 11 appropriations. 12 A claim shall not be allowed when the claim will exceed the 13 amount specifically appropriated for the claim. 14 Sec. 189. NEW SECTION . 8.89 Cancellation of state warrants. 15 On the last business day of each month, the director shall 16 cancel and request the treasurer of state to stop payment on 17 all state warrants which have been outstanding and unredeemed 18 by the treasurer of state for six months or longer. 19 Sec. 190. Section 8.9, subsection 1, Code Supplement 2009, 20 is amended to read as follows: 21 1. The office of grants enterprise management is 22 established in the department of management. The function of 23 the office is to develop and administer a system to track, 24 identify, advocate for, and coordinate nonstate grants as 25 defined in section 8.2, subsections 1 and 3. Staffing for 26 the office of grants enterprise management shall be provided 27 by a facilitator appointed by the director of the department 28 of management. Additional staff may be hired, subject to the 29 availability of funding. Funding for the office is from the 30 appropriation to the department pursuant to section 8A.505, 31 subsection 2 . 32 Sec. 191. Section 8.31, subsection 4, Code 2009, is amended 33 to read as follows: 34 4. The procedure to be employed in controlling the 35 -96- LSB 5073SV (48) 83 ec/rj 96/ 290
S.F. 2088 expenditures and receipts of the state fair board and 1 the institutions under the state board of regents, whose 2 collections are not deposited in the state treasury, is that 3 outlined in section 8A.502 8.72 , subsection 9. 4 Sec. 192. Section 8A.102, subsection 2, Code 2009, is 5 amended to read as follows: 6 2. The person appointed as director shall be professionally 7 qualified by education and have no less than five years’ 8 experience in the field of management, public or private sector 9 personnel administration including the application of merit 10 principles in employment, financial management, and policy 11 development and implementation. The appointment shall be made 12 without regard for political affiliation. The director shall 13 not be a member of any local, state, or national committee 14 of a political party, an officer or member of a committee in 15 any partisan political club or organization, or hold or be a 16 candidate for a paid elective public office. The director is 17 subject to the restrictions on political activity provided 18 in section 8A.416. The governor shall set the salary of the 19 director within pay grade nine. 20 Sec. 193. Section 8A.103, unnumbered paragraph 1, Code 21 2009, is amended to read as follows: 22 The department is created for the purpose of managing and 23 coordinating the major resources of state government including 24 the human, financial, physical, and information resources of 25 state government. 26 Sec. 194. Section 8A.104, subsection 12, Code 2009, is 27 amended to read as follows: 28 12. Serve as the chief information officer for the 29 state. However, the director may designate a person in the 30 department to serve in this capacity at the discretion of 31 the director. If the director designates a person to serve 32 as chief information officer, the person designated shall be 33 professionally qualified by education and have no less than 34 five years’ experience in the fields field of information 35 -97- LSB 5073SV (48) 83 ec/rj 97/ 290
S.F. 2088 technology and financial management . 1 Sec. 195. Section 8A.111, subsection 11, Code 2009, is 2 amended by striking the subsection. 3 Sec. 196. Section 8A.204, subsection 3, paragraph b, Code 4 2009, is amended to read as follows: 5 b. Work with the department of management and the state 6 accounting enterprise of the department, pursuant to section 7 8A.502 , to maintain the relevancy of the central budget and 8 proprietary control accounts of the general fund of the state 9 and special funds to information technology, as those terms are 10 defined in section 8.2, of state government. 11 Sec. 197. Section 8A.323, subsection 5, Code 2009, is 12 amended to read as follows: 13 5. Any fine that remains unpaid upon becoming delinquent 14 may be collected by the department pursuant to the setoff 15 procedures provided for in section 8A.504 8.74 . For purposes 16 of this subsection, a fine becomes delinquent if it has not 17 been paid within thirty days of the date of the issuance of the 18 parking citation, unless a written request for a hearing is 19 filed as provided pursuant to the rules of the department. If 20 an appeal is filed and the citation is upheld, the fine becomes 21 delinquent ten days after the issuance of the final decision on 22 the appeal or thirty-one days after the date of the issuance of 23 the parking citation, whichever is later. 24 Sec. 198. Section 11.2, subsection 1, paragraph b, Code 25 2009, is amended to read as follows: 26 b. Provided further, that a preliminary audit of the 27 educational institutions and the state fair board shall be made 28 periodically, at least quarterly, to check the monthly reports 29 submitted to the director of the department of administrative 30 services as required by section 8A.502 8.72 , subsection 9, and 31 that a final audit of such state agencies shall be made at the 32 close of each fiscal year. 33 Sec. 199. Section 25.2, subsection 5, Code 2009, is amended 34 to read as follows: 35 -98- LSB 5073SV (48) 83 ec/rj 98/ 290
S.F. 2088 5. Outstanding state warrants that have been canceled 1 pursuant to section 8A.519 8.89 and were charged to the general 2 fund of the state or another state funding source shall be 3 addressed as provided in section 556.2C. 4 Sec. 200. Section 96.11, subsection 16, Code 2009, is 5 amended to read as follows: 6 16. Reimbursement of setoff costs. The department shall 7 include in the amount set off in accordance with section 8 8A.504 8.74 , for the collection of an overpayment created 9 pursuant to section 96.3, subsection 7, or section 96.16, 10 subsection 4, an additional amount for the reimbursement of 11 setoff costs incurred by the department of administrative 12 services. 13 Sec. 201. Section 97B.7A, subsection 5, Code 2009, is 14 amended to read as follows: 15 5. Travel. In the administration of the investment of 16 moneys in the retirement fund, employees of the system and 17 members of the board may travel outside the state for the 18 purpose of meeting with investment firms and consultants and 19 attending conferences and meetings to fulfill their fiduciary 20 responsibilities. This travel is not subject to section 21 8A.512 8.82 , subsection 2. 22 Sec. 202. Section 99D.2, subsection 3, Code 2009, is amended 23 to read as follows: 24 3. “Claimant agency” means a state agency as defined 25 in section 8A.504 8.74 , subsection 1, or the state court 26 administrator as defined in section 602.1101. 27 Sec. 203. Section 99D.28, subsection 2, Code 2009, is 28 amended to read as follows: 29 2. The licensee is authorized and directed to withhold 30 any winnings of a debtor which are paid out directly by the 31 licensee subject to the lien created by this section and 32 provide notice of such withholding to the winner when the 33 winner appears and claims winnings in person. The licensee 34 shall pay the funds over to the collection entity which 35 -99- LSB 5073SV (48) 83 ec/rj 99/ 290
S.F. 2088 administers the setoff program pursuant to section 8A.504 8.74 . 1 Sec. 204. Section 99F.1, subsection 4, Code 2009, is amended 2 to read as follows: 3 4. “Claimant agency” means a state agency as defined 4 in section 8A.504 8.74 , subsection 1, or the state court 5 administrator as defined in section 602.1101. 6 Sec. 205. Section 99F.19, subsection 2, Code 2009, is 7 amended to read as follows: 8 2. The licensee is authorized and directed to withhold 9 any winnings of a debtor which are paid out directly by the 10 licensee subject to the lien created by this section and 11 provide notice of such withholding to the winner when the 12 winner appears and claims winnings in person. The licensee 13 shall pay the funds over to the collection entity which 14 administers the setoff program pursuant to section 8A.504 8.74 . 15 Sec. 206. Section 99G.38, subsection 3, Code 2009, is 16 amended to read as follows: 17 3. The state of Iowa offset program, as provided in section 18 8A.504 8.74 , shall be available to the authority to facilitate 19 receipt of funds owed to the authority. 20 Sec. 207. Section 217.34, Code 2009, is amended to read as 21 follows: 22 217.34 Debt setoff. 23 The investigations division of the department of inspections 24 and appeals and the department of human services shall provide 25 assistance to set off against a person’s or provider’s income 26 tax refund or rebate any debt which has accrued through written 27 contract, subrogation, departmental recoupment procedures, 28 or court judgment and which is in the form of a liquidated 29 sum due and owing the department of human services. The 30 department of inspections and appeals, with approval of the 31 department of human services, shall adopt rules under chapter 32 17A necessary to assist the department of administrative 33 services management in the implementation of the setoff under 34 section 8A.504 8.74 in regard to money owed to the state 35 -100- LSB 5073SV (48) 83 ec/rj 100/ 290
S.F. 2088 for public assistance overpayments. The department of human 1 services shall adopt rules under chapter 17A necessary to 2 assist the department of administrative services management in 3 the implementation of the setoff under section 8A.504 8.74 , in 4 regard to collections by the child support recovery unit and 5 the foster care recovery unit. 6 Sec. 208. Section 218.58, subsection 5, Code 2009, is 7 amended to read as follows: 8 5. A claim for payment relating to a project shall be 9 itemized on a voucher form pursuant to section 8A.514 8.84 , 10 certified by the claimant and the architect or engineer 11 in charge, and audited and approved by the department of 12 administrative services management . Upon approval by the 13 department of administrative services management , the director 14 of the department of administrative services management shall 15 draw a warrant to be paid by the treasurer of state from funds 16 appropriated for the project. A partial payment made before 17 completion of the project does not constitute final acceptance 18 of the work or a waiver of any defect in the work. 19 Sec. 209. Section 218.85, Code 2009, is amended to read as 20 follows: 21 218.85 Uniform system of accounts. 22 The director of human services through the administrators 23 in control of the institutions shall install in all the 24 institutions the most modern, complete, and uniform system of 25 accounts, records, and reports possible. The system shall be 26 prescribed by the director of the department of administrative 27 services management as authorized in section 8A.502 8.72 , 28 subsection 13, and, among other matters, shall clearly show 29 the detailed facts relative to the handling and uses of all 30 purchases. 31 Sec. 210. Section 234.8, Code 2009, is amended to read as 32 follows: 33 234.8 Fees for child welfare services. 34 The department of human services may charge a fee for 35 -101- LSB 5073SV (48) 83 ec/rj 101/ 290
S.F. 2088 child welfare services to a person liable for the cost of the 1 services. The fee shall not exceed the reasonable cost of the 2 services. The fee shall be based upon the person’s ability 3 to pay and consideration of the fee’s impact upon the liable 4 person’s family and the goals identified in the case permanency 5 plan. The department may assess the liable person for the fee 6 and the means of recovery shall include a setoff against an 7 amount owed by a state agency to the person assessed pursuant 8 to section 8A.504 8.74 . In addition the department may 9 establish an administrative process to recover the assessment 10 through automatic income withholding. The department shall 11 adopt rules pursuant to chapter 17A to implement the provisions 12 of this section. This section does not apply to court-ordered 13 services provided to juveniles which are a charge upon the 14 state pursuant to section 232.141 and services for which the 15 department has established a support obligation pursuant to 16 section 234.39. 17 Sec. 211. Section 252B.5, subsection 4, Code Supplement 18 2009, is amended to read as follows: 19 4. Assistance to set off against a debtor’s income tax 20 refund or rebate any support debt, which is assigned to 21 the department of human services or which the child support 22 recovery unit is attempting to collect on behalf of any 23 individual not eligible as a public assistance recipient, which 24 has accrued through written contract, subrogation, or court 25 judgment, and which is in the form of a liquidated sum due 26 and owing for the care, support, or maintenance of a child. 27 Unless the periodic payment plan provisions for a retroactive 28 modification pursuant to section 598.21C apply, the entire 29 amount of a judgment for accrued support, notwithstanding 30 compliance with a periodic payment plan or regardless of the 31 date of entry of the judgment, is due and owing as of the date 32 of entry of the judgment and is delinquent for the purposes of 33 setoff, including for setoff against a debtor’s federal income 34 tax refund or other federal nontax payment. The department 35 -102- LSB 5073SV (48) 83 ec/rj 102/ 290
S.F. 2088 of human services shall adopt rules pursuant to chapter 1 17A necessary to assist the department of administrative 2 services management in the implementation of the child support 3 setoff as established under section 8A.504 8.74 . 4 Sec. 212. Section 261.37, subsection 7, Code 2009, is 5 amended to read as follows: 6 7. To establish an effective system for the collection of 7 delinquent loans, including the adoption of an agreement with 8 the department of administrative services management to set off 9 against a defaulter’s income tax refund or rebate the amount 10 that is due because of a default on a guaranteed or parental 11 loan made under this division. The commission shall adopt 12 rules under chapter 17A necessary to assist the department of 13 administrative services management in the implementation of 14 the student loan setoff program as established under section 15 8A.504 8.74 . The commission shall apply administrative wage 16 garnishment procedures authorized under the federal Higher 17 Education Act of 1965, as amended and codified in 20 U.S.C. 18 § 1071 et seq., for all delinquent loans, including loans 19 authorized under section 261.38, when a defaulter who is 20 financially capable of paying fails to voluntarily enter into a 21 reasonable payment agreement. In no case shall the commission 22 garnish more than the amount authorized by federal law for 23 all loans being collected by the commission, including those 24 authorized under section 261.38. 25 Sec. 213. Section 321.11A, subsection 1, paragraph c, Code 26 2009, is amended to read as follows: 27 c. The department of administrative services management for 28 the purpose of administering the setoff program pursuant to 29 section 8A.504 8.74 . 30 Sec. 214. Section 321.31, subsection 1, unnumbered 31 paragraph 3, Code 2009, is amended to read as follows: 32 The director shall maintain a records system of delinquent 33 accounts owed to the state using information provided through 34 the computerized data bank established in section 421.17. The 35 -103- LSB 5073SV (48) 83 ec/rj 103/ 290
S.F. 2088 department and county treasurers shall use the information 1 maintained in the records system to determine if applicants 2 for renewal of registration have delinquent accounts, charges, 3 fees, loans, taxes, or other indebtedness owed to or being 4 collected by the state as provided pursuant to section 5 8A.504 8.74 . The director, the director of the department of 6 administrative services management , and the director of revenue 7 shall establish procedures for updating the delinquent accounts 8 records to add and remove accounts, as applicable. 9 Sec. 215. Section 321.40, subsection 6, Code Supplement 10 2009, is amended to read as follows: 11 6. The department or the county treasurer shall refuse to 12 renew the registration of a vehicle registered to the applicant 13 if the department or the county treasurer knows that the 14 applicant has a delinquent account, charge, fee, loan, taxes, 15 or other indebtedness owed to or being collected by the state, 16 from information provided pursuant to sections 8A.504 8.74 and 17 421.17. An applicant may contest this action by requesting a 18 contested case proceeding from the agency that referred the 19 debt for collection pursuant to section 8A.504 8.74 . 20 Sec. 216. Section 331.552, subsection 5, Code 2009, is 21 amended to read as follows: 22 5. Account for, report, and pay into the state treasury any 23 money, property, or securities received on behalf of the state 24 as provided in sections 8A.506 to 8A.508 8.76 to 8.78 . 25 Sec. 217. Section 422.12D, subsection 4, Code 2009, is 26 amended to read as follows: 27 4. The department shall adopt rules to implement this 28 section. However, before a checkoff pursuant to this section 29 shall be permitted, all liabilities on the books of the 30 department of administrative services management and accounts 31 identified as owing under section 8A.504 8.74 and the political 32 contribution allowed under section 68A.601 shall be satisfied. 33 Sec. 218. Section 422.12K, subsection 2, Code Supplement 34 2009, is amended to read as follows: 35 -104- LSB 5073SV (48) 83 ec/rj 104/ 290
S.F. 2088 2. The director of revenue shall draft the income tax form 1 to allow the designation of contributions to the child abuse 2 prevention program fund on the tax return. The department of 3 revenue, on or before January 31, shall transfer the total 4 amount designated on the tax return forms due in the preceding 5 calendar year to the child abuse prevention program fund. 6 However, before a checkoff pursuant to this section shall be 7 permitted, all liabilities on the books of the department of 8 administrative services management and accounts identified as 9 owing under section 8A.504 8.74 and the political contribution 10 allowed under section 68A.601 shall be satisfied. 11 Sec. 219. Section 422.12L, subsection 2, Code 2009, is 12 amended to read as follows: 13 2. The director of revenue shall draft the income tax form 14 to allow the designation of contributions to the veterans trust 15 fund and to the volunteer fire fighter preparedness fund as 16 one checkoff on the tax return. The department of revenue, 17 on or before January 31, shall transfer one-half of the total 18 amount designated on the tax return forms due in the preceding 19 calendar year to the veterans trust fund and the remaining 20 one-half to the volunteer fire fighter preparedness fund. 21 However, before a checkoff pursuant to this section shall be 22 permitted, all liabilities on the books of the department of 23 administrative services management and accounts identified as 24 owing under section 8A.504 8.74 and the political contribution 25 allowed under section 68A.601 shall be satisfied. 26 Sec. 220. Section 422.20, subsection 3, paragraph a, Code 27 2009, is amended to read as follows: 28 a. Unless otherwise expressly permitted by section 29 8A.504 8.74 , section 421.17, subsections 22, 23, and 26, 30 sections 252B.9, 321.120, 421.19, 421.28, 422.72, and 452A.63, 31 and this section, a tax return, return information, or 32 investigative or audit information shall not be divulged to any 33 person or entity, other than the taxpayer, the department, or 34 internal revenue service for use in a matter unrelated to tax 35 -105- LSB 5073SV (48) 83 ec/rj 105/ 290
S.F. 2088 administration. 1 Sec. 221. Section 422.72, subsection 3, paragraph a, Code 2 2009, is amended to read as follows: 3 a. Unless otherwise expressly permitted by section 4 8A.504 8.74 , section 421.17, subsections 22, 23, and 26, 5 sections 252B.9, 321.120, 421.19, 421.28, 422.20, and 452A.63, 6 and this section, a tax return, return information, or 7 investigative or audit information shall not be divulged to any 8 person or entity, other than the taxpayer, the department, or 9 internal revenue service for use in a matter unrelated to tax 10 administration. 11 Sec. 222. Section 456A.16, unnumbered paragraph 7, Code 12 2009, is amended to read as follows: 13 The department shall adopt rules to implement this section. 14 However, before a checkoff pursuant to this section shall be 15 permitted, all liabilities on the books of the department of 16 administrative services management and accounts identified as 17 owing under section 8A.504 8.74 and the political contribution 18 allowed under section 68A.601 shall be satisfied. 19 Sec. 223. Section 556.2C, subsection 1, paragraph a, Code 20 2009, is amended to read as follows: 21 a. An unpaid, outdated warrant that is canceled pursuant to 22 section 8A.519 8.89 shall be included in a list of outstanding 23 state warrants maintained by the director of the department of 24 administrative services management . On or before July 1 of 25 each year, the director of the department of administrative 26 services management shall provide the office of the treasurer 27 of state with a consolidated list of such outstanding warrants 28 that have not been previously reported to the office. 29 Sec. 224. Section 602.8102, subsection 58A, Code 2009, is 30 amended to read as follows: 31 58A. Assist the department of administrative services 32 management in setting off against debtors’ income tax refunds 33 or rebates under section 8A.504 8.74 , debts which are due, 34 owing, and payable to the clerk of the district court as 35 -106- LSB 5073SV (48) 83 ec/rj 106/ 290
S.F. 2088 criminal fines, civil penalties, surcharges, or court costs. 1 Sec. 225. Section 602.8107, subsection 4, paragraph a, Code 2 Supplement 2009, is amended to read as follows: 3 a. This subsection does not apply to amounts collected for 4 victim restitution, the victim compensation fund, the criminal 5 penalty surcharge, sex offender civil penalty, drug abuse 6 resistance education surcharge, the law enforcement initiative 7 surcharge, county enforcement surcharge, amounts collected as 8 a result of procedures initiated under subsection 5 or under 9 section 8A.504 8.74 , or fees charged pursuant to section 356.7. 10 Sec. 226. Section 642.2, subsection 4, Code 2009, is amended 11 to read as follows: 12 4. Notwithstanding subsections 2, 3, 6, and 7, any 13 moneys owed to the child support obligor by the state, with 14 the exception of unclaimed property held by the treasurer 15 of state pursuant to chapter 556, and payments owed to the 16 child support obligor through the Iowa public employees’ 17 retirement system are subject to garnishment, attachment, 18 execution, or assignment by the child support recovery unit 19 if the child support recovery unit is providing enforcement 20 services pursuant to chapter 252B. Any moneys that are 21 determined payable by the treasurer pursuant to section 556.20, 22 subsection 2, to the child support obligor shall be subject to 23 setoff pursuant to section 8A.504 8.74 , notwithstanding any 24 administrative rule pertaining to the child support recovery 25 unit limiting the amount of the offset. 26 Sec. 227. REPEAL. Sections 8A.502, 8A.503, 8A.504, 8A.506, 27 8A.507, 8A.508, 8A.509, 8A.510, 8A.511, 8A.512, 8A.513, 8A.514, 28 8A.515, 8A.516, 8A.517, 8A.518, and 8A.519, Code 2009, are 29 repealed. 30 Sec. 228. REPEAL. Section 8A.505, Code Supplement 2009, is 31 repealed. 32 Sec. 229. DEPARTMENT OF MANAGEMENT —— CENTRALIZED 33 PAYROLL SYSTEM. The department of management shall examine 34 the possibility of merging all state payroll systems into 35 -107- LSB 5073SV (48) 83 ec/rj 107/ 290
S.F. 2088 the centralized payroll system operated by the department. 1 The department shall consult with those entities of state 2 government not utilizing the centralized payroll system, 3 including but not limited to the state department of 4 transportation and the state board of regents, about strategies 5 for encouraging utilization of the state’s centralized payroll 6 system and by identifying those barriers preventing merging of 7 the payroll systems. The department shall provide information 8 to the joint appropriations subcommittee on administration 9 and regulation concerning efforts by the department to merge 10 payroll systems and any recommendations for legislative action 11 to encourage, or eliminate barriers to, the provision of 12 payroll services by the department to other state agencies. 13 Sec. 230. DEPARTMENT OF MANAGEMENT —— PAYROLL 14 FREQUENCY. The department of management shall implement to the 15 greatest extent possible a reduction in the frequency of paying 16 state employees by paying employees through the payroll system 17 on a semimonthly instead of a biweekly basis. 18 DIVISION XIV 19 ADMINISTRATION AND REGULATION APPROPRIATIONS 20 Sec. 231. DEPARTMENT OF REVENUE —— EXAMINERS. There 21 is appropriated from the general fund of the state to the 22 department of revenue for the fiscal year beginning July 1, 23 2010, and ending June 30, 2011, the following amount, or so 24 much thereof as is necessary, to be used for the purposes 25 designated: 26 For salaries, support, maintenance, miscellaneous purposes, 27 and for not more than the following full-time equivalent 28 positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 325,000 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 31 The moneys appropriated in this section shall be utilized by 32 the department to hire five additional examiners. 33 Sec. 232. DEPARTMENT OF MANAGEMENT —— GRANTS ENTERPRISE 34 MANAGEMENT. There is appropriated from the general fund of 35 -108- LSB 5073SV (48) 83 ec/rj 108/ 290
S.F. 2088 the state to the department of management for the fiscal year 1 beginning July 1, 2010, and ending June 30, 2011, the following 2 amount, or so much thereof as is necessary, to be used for the 3 purposes designated: 4 For the office of grants enterprise management, including 5 salaries, support, maintenance, miscellaneous purposes, and for 6 not more than the following full-time equivalent position: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 9 The moneys appropriated in this section shall be used by 10 the department of management to create and fill an additional 11 position in the office of grants enterprise management. 12 DIVISION XV 13 ELIMINATION OF STATE ENTITIES 14 ENTITIES ASSOCIATED WITH THE DEPARTMENT OF AGRICULTURE AND 15 LAND STEWARDSHIP 16 Sec. 233. Section 159.20, subsection 1, paragraph j, Code 17 Supplement 2009, is amended to read as follows: 18 j. Assist the office of renewable fuels and coproducts 19 and the renewable fuels and coproducts advisory committee in 20 administering the provisions of chapter 159A. 21 Sec. 234. Section 159A.1, subsection 3, Code 2009, is 22 amended to read as follows: 23 3. This state adopts a policy of enhancing agricultural 24 production by encouraging the development and use of fuels and 25 coproducts derived from agricultural commodities, as provided 26 in this chapter, including rules adopted by the office of 27 renewable fuels and coproducts and the renewable fuels and 28 coproducts advisory committee . 29 Sec. 235. Section 159A.2, subsection 2, Code 2009, is 30 amended by striking the subsection. 31 Sec. 236. Section 159A.3, subsection 2, paragraph h, Code 32 Supplement 2009, is amended by striking the paragraph. 33 Sec. 237. Section 159A.3, subsection 2, paragraph i, Code 34 Supplement 2009, is amended by striking the paragraph. 35 -109- LSB 5073SV (48) 83 ec/rj 109/ 290
S.F. 2088 Sec. 238. Section 159A.3, subsection 4, Code Supplement 1 2009, is amended to read as follows: 2 4. The office and state entities, including the department, 3 the committee, the Iowa department of economic development, 4 the state department of transportation, the office of energy 5 independence, and the state board of regents institutions, 6 shall cooperate to implement this section. 7 Sec. 239. Section 159A.6, Code Supplement 2009, is amended 8 to read as follows: 9 159A.6 Education, promotion, and advertising. 10 1. The office shall support do all of the following: 11 a. Support education regarding, and promotion and 12 advertising of, renewable fuels and coproducts. The office 13 shall consult with the Iowa corn growers association and the 14 Iowa soybean association. 15 2. b. The office shall promote Promote the advantages 16 related to the use of renewable fuels as an alternative to 17 nonrenewable fuels. Promotions shall be designed to inform the 18 ultimate consumer of advantages associated with using renewable 19 fuels, and emphasize the benefits to the natural environment. 20 The promotion shall inform consumers at the businesses of 21 retail dealers of motor vehicle fuels. 22 3. c. The committee shall develop Develop standards for 23 decals required pursuant to section 214A.16, which shall be 24 designed to promote the advantages of using renewable fuels. 25 The standards may be incorporated within a model decal adopted 26 by the committee and approved by the office. 27 4. d. The office shall promote Promote the advantages 28 related to the use of coproducts derived from the production 29 of renewable fuels, including the use of coproducts used as 30 livestock feed or meal. Promotions shall be designed to 31 inform the potential purchasers of the advantages associated 32 with using coproducts. The office shall promote advantages 33 associated with using coproducts of ethanol production as 34 livestock feed or meal to cattle producers in this state. 35 -110- LSB 5073SV (48) 83 ec/rj 110/ 290
S.F. 2088 5. 2. The office may contract to provide all or part of 1 these the services described in subsection 1 . 2 Sec. 240. Section 159A.7, subsection 2, Code Supplement 3 2009, is amended to read as follows: 4 2. Moneys in the fund shall be used only to carry out 5 the provisions of this section and sections 159A.3, 159A.4 , 6 159A.5 , 159A.6, 159A.6A, and 159A.6B within the state of Iowa. 7 Sec. 241. Section 190C.1, subsection 2, Code 2009, is 8 amended by striking the subsection. 9 Sec. 242. Section 190C.2B, subsection 1, Code 2009, is 10 amended to read as follows: 11 1. The department shall implement and administer the 12 provisions of this chapter for agricultural products that have 13 been produced and handled within this state using organic 14 methods as provided in this chapter. The department may 15 consult with the council in implementing and administering this 16 chapter . The department may certify agricultural products that 17 have been produced and handled outside this state using an 18 organic method as provided in this chapter. 19 Sec. 243. Section 190C.3, subsection 2, Code 2009, is 20 amended to read as follows: 21 2. The department may request assistance from the council 22 as provided in section 190C.2A or from one or more regional 23 organic associations as provided in section 190C.6. 24 Sec. 244. Section 214A.1, subsection 7, Code 2009, is 25 amended by striking the subsection. 26 Sec. 245. Section 214A.1, Code 2009, is amended by adding 27 the following new subsection: 28 NEW SUBSECTION . 17A. “Office” means the office of renewable 29 fuels and coproducts created pursuant to section 159A.3. 30 Sec. 246. Section 214A.2, subsection 1, Code Supplement 31 2009, is amended to read as follows: 32 1. The department shall adopt rules pursuant to chapter 33 17A for carrying out this chapter. The rules may include , but 34 are not limited to , specifications relating to motor fuel, 35 -111- LSB 5073SV (48) 83 ec/rj 111/ 290
S.F. 2088 including but not limited to renewable fuel such as ethanol 1 blended gasoline, biodiesel, biodiesel blended fuel, and 2 motor fuel components such as an oxygenate. In the interest 3 of uniformity, the department shall adopt by reference other 4 specifications relating to tests and standards for motor fuel 5 including renewable fuel and motor fuel components, established 6 by the United States environmental protection agency and 7 A.S.T.M. international. In adopting standards for a renewable 8 fuel, the department shall consult with the committee. 9 Sec. 247. Section 422.11N, subsection 4, paragraph b, 10 unnumbered paragraph 2, Code 2009, is amended to read as 11 follows: 12 If the governor finds that exigent circumstances exist, the 13 governor may reduce the applicable biofuel threshold percentage 14 by replacing it with an adjusted biofuel threshold percentage. 15 The governor shall consult with the department of revenue 16 and the office of renewable fuels and coproducts advisory 17 committee established pursuant to section 159A.4 159A.3 . 18 The governor shall make the adjustment by giving notice of 19 intent to issue a proclamation which shall take effect not 20 earlier than thirty-five days after publication in the Iowa 21 administrative bulletin of a notice to issue the proclamation. 22 The governor shall provide a period of notice and comment in 23 the same manner as provided in section 17A.4, subsection 1. 24 The adjusted biofuel threshold percentage shall be effective 25 for the following determination period. 26 Sec. 248. Section 469.3, subsection 2, paragraph m, Code 27 Supplement 2009, is amended to read as follows: 28 m. Coordinate with other state agencies regarding 29 implementation of the office of renewable fuels and coproducts 30 pursuant to section 159A.3 , serve on the renewable fuels 31 and coproducts advisory committee, and assist in providing 32 technical assistance to new or existing renewable fuel 33 production facilities. 34 Sec. 249. REPEAL. Section 159A.4, Code Supplement 2009, is 35 -112- LSB 5073SV (48) 83 ec/rj 112/ 290
S.F. 2088 repealed. 1 Sec. 250. REPEAL. Sections 159A.5, 190C.2, and 190C.2A, 2 Code 2009, are repealed. 3 DIVISION XVI 4 ELIMINATION OF STATE ENTITIES 5 ENTITIES ASSOCIATED WITH THE DEPARTMENT OF NATURAL RESOURCES’ 6 CONTROL OF THE NATURAL HABITAT 7 Sec. 251. 2008 Iowa Acts, chapter 1080, section 1, 8 subsection 6, is amended to read as follows: 9 6. This section is repealed on July 1, 2010 the effective 10 date of this section of this division of this Act . 11 Sec. 252. REPEAL. 2009 Iowa Acts, chapter 144, section 49, 12 is repealed. 13 Sec. 253. EFFECTIVE UPON ENACTMENT. The following 14 provisions of this division of this Act, being deemed of 15 immediate importance, take effect upon enactment: 16 The section of this Act amending 2008 Iowa Acts, chapter 17 1080, section 1, concerning the sustainable natural resource 18 funding advisory committee. 19 The sections of this Act repealing 2009 Iowa Acts, chapter 20 144, section 49, establishing an upland game bird study 21 advisory committee. 22 DIVISION XVII 23 ELIMINATION OF STATE ENTITIES 24 ENTITIES ASSOCIATED WITH THE DEPARTMENT OF NATURAL RESOURCES —— 25 IOWA CLIMATE CHANGE ADVISORY COUNCIL 26 Sec. 254. Section 455B.851, subsections 1 through 8, Code 27 2009, are amended by striking the subsections. 28 Sec. 255. Section 455B.851, subsection 9, Code 2009, is 29 amended to read as follows: 30 9. By September 1 of each year, the department shall submit 31 a report to the governor and the general assembly regarding 32 the greenhouse gas emissions in the state during the previous 33 calendar year and forecasting trends in such emissions. The 34 first submission by the department shall be filed by September 35 -113- LSB 5073SV (48) 83 ec/rj 113/ 290
S.F. 2088 1, 2008, for the calendar year beginning January 1, 2007. 1 Sec. 256. Section 473.7, subsection 12, paragraph b, Code 2 Supplement 2009, is amended to read as follows: 3 b. In the course of the review, the institutions shall meet 4 at least twice with the Iowa climate change advisory council 5 established in section 455B.851 . The office shall submit a 6 report, based upon input from the institutions, containing 7 its findings and recommendations to the governor and general 8 assembly by January 1, 2011. 9 Sec. 257. EFFECTIVE UPON ENACTMENT. This division of this 10 Act, being deemed of immediate importance, takes effect upon 11 enactment. 12 DIVISION XVIII 13 IOWA COMPREHENSIVE PETROLEUM UNDERGROUND 14 STORAGE TANK FUND BOARD 15 Sec. 258. Section 15G.201, subsection 10, Code 2009, is 16 amended by striking the subsection. 17 Sec. 259. Section 15G.202, subsection 6, Code 2009, is 18 amended to read as follows: 19 6. The infrastructure board shall meet with three 20 or more members of the underground storage tank fund 21 board who shall represent the underground storage tank 22 fund board the department of natural resources . The 23 representatives department of natural resources shall 24 be available to advise the infrastructure board when the 25 infrastructure board makes decisions regarding the awarding 26 of financial incentives to a person under a renewable fuel 27 infrastructure program provided in section 15G.203 or 15G.204. 28 Sec. 260. Section 15G.203, subsection 2, Code Supplement 29 2009, is amended to read as follows: 30 2. A person may apply to the department of economic 31 development to receive financial incentives on a cost-share 32 basis. The department of economic development shall forward 33 the applications to the underground storage tank fund 34 board department of natural resources as required by that 35 -114- LSB 5073SV (48) 83 ec/rj 114/ 290
S.F. 2088 board the department of natural resources for evaluation 1 and recommendation. The underground storage tank fund 2 board department of natural resources may rank the applications 3 with comments and shall forward them to the infrastructure 4 board for approval or disapproval. The department of economic 5 development shall award financial incentives on a cost-share 6 basis to an eligible person whose application was approved by 7 the infrastructure board. 8 Sec. 261. Section 15G.204, subsection 1, Code 2009, is 9 amended to read as follows: 10 1. A person may apply to the department of economic 11 development to receive financial incentives on a cost-share 12 basis. The department of economic development shall forward 13 the applications to the underground storage tank fund 14 board department of natural resources as required by that 15 board the department of natural resources for evaluation 16 and recommendation. The underground storage tank fund 17 board department of natural resources may rank the applications 18 with comments and shall forward them to the infrastructure 19 board for approval or disapproval. The department of economic 20 development shall award financial incentives on a cost-share 21 basis to an eligible person whose application was approved by 22 the infrastructure board. 23 Sec. 262. Section 16.1, subsection 1, paragraph ad, 24 subparagraph (12), Code Supplement 2009, is amended by striking 25 the subparagraph. 26 Sec. 263. Section 68B.35, subsection 2, paragraph e, Code 27 Supplement 2009, is amended to read as follows: 28 e. Members of the state banking council, the ethics and 29 campaign disclosure board, the credit union review board, the 30 economic development board, the employment appeal board, the 31 environmental protection commission, the health facilities 32 council, the Iowa finance authority, the Iowa public employees’ 33 retirement system investment board, the board of the Iowa 34 lottery authority, the natural resource commission, the 35 -115- LSB 5073SV (48) 83 ec/rj 115/ 290
S.F. 2088 board of parole, the petroleum underground storage tank 1 fund board, the public employment relations board, the state 2 racing and gaming commission, the state board of regents, 3 the tax review board, the transportation commission, the 4 office of consumer advocate, the utilities board, the Iowa 5 telecommunications and technology commission, and any full-time 6 members of other boards and commissions as defined under 7 section 7E.4 who receive an annual salary for their service 8 on the board or commission. The Iowa ethics and campaign 9 disclosure board shall conduct an annual review to determine 10 if members of any other board, commission, or authority should 11 file a statement and shall require the filing of a statement 12 pursuant to rules adopted pursuant to chapter 17A. 13 Sec. 264. Section 424.1, subsections 3 through 5, Code 2009, 14 are amended to read as follows: 15 3. The director of revenue shall enter into a contract or 16 agreement with the board department of natural resources to 17 provide assistance requested by the board department of natural 18 resources . Policy issues arising under this chapter or chapter 19 455G shall be determined by the board department of natural 20 resources , and the board department of natural resources shall 21 be joined as a real party in interest when a policy issue is 22 raised. 23 4. The board environmental protection commission shall 24 retain rulemaking authority, but may contract with the 25 department of revenue for assistance in drafting rules. The 26 board commission shall retain contested case jurisdiction over 27 any challenge to the diminution rate or cost factor. The 28 department of revenue shall conduct all other contested cases 29 and be responsible for other agency action in connection with 30 the environmental protection charge imposed under this chapter. 31 5. The board department of natural resources shall 32 reimburse the department of revenue by contract for the 33 reasonable cost of administration of the environmental 34 protection charge imposed under this chapter and for other 35 -116- LSB 5073SV (48) 83 ec/rj 116/ 290
S.F. 2088 duties delegated to the department of revenue or to the 1 director of revenue by the board department of natural 2 resources . 3 Sec. 265. Section 424.2, subsection 1, Code 2009, is amended 4 by striking the subsection. 5 Sec. 266. Section 424.3, subsection 5, Code Supplement 6 2009, is amended to read as follows: 7 5. The cost factor is an amount per gallon of 8 diminution determined by the board department of natural 9 resources pursuant to this subsection. The board department 10 of natural resources , after public hearing, shall determine, 11 or shall adjust, the cost factor to the greater of either an 12 amount reasonably calculated to generate an annual average 13 revenue, year to year, of seventeen million dollars from the 14 charge, excluding penalties and interest, or ten dollars. The 15 board department of natural resources may determine or adjust 16 the cost factor at any time but shall at minimum determine the 17 cost factor at least once each fiscal year. 18 Sec. 267. Section 424.5, subsections 1 and 5, Code 2009, are 19 amended to read as follows: 20 1. It is unlawful for any person to deposit petroleum into 21 a tank in this state, unless a depositor permit has been issued 22 to that person under this section. A depositor shall file with 23 the department an application for a permit. An application 24 for a permit shall be made upon a form prescribed by the 25 board department of natural resources and shall set forth the 26 name under which the applicant transacts or intends to transact 27 business, the location or locations of the applicant’s place 28 of business, and any other information as the board department 29 of natural resources may require. The application shall 30 be signed by the owner if a natural person; in the case of 31 an association or partnership, by a member or partner; in 32 the case of a corporation, by an executive officer or some 33 person specifically authorized by the corporation to sign the 34 application, to which shall be attached the written evidence of 35 -117- LSB 5073SV (48) 83 ec/rj 117/ 290
S.F. 2088 the person’s authority. 1 5. If the holder of a permit fails to comply with any 2 of the provisions of this chapter or any order or rule of 3 the department, or rule of the environmental protection 4 commission, or order of the board department of natural 5 resources pursuant to this chapter, or is substantially 6 delinquent in the payment of a tax or charge administered by 7 the department or the interest or penalty on the tax or charge, 8 the director may revoke the permit. 9 Sec. 268. Section 424.6, subsection 1, unnumbered paragraph 10 2, Code 2009, is amended to read as follows: 11 The department shall permit a credit against the charge due 12 from a person operating an eligible underground bulk storage 13 facility equal to the total volume of petroleum transferred or 14 sold from a tank in bulk quantities and delivered to a person 15 for deposit in a tank which is exempt, deferred, or excluded 16 pursuant to this subsection, multiplied by the diminution rate 17 multiplied by the cost factor, subject to rules adopted by the 18 board environmental protection commission . “Bulk quantities” as 19 used in this paragraph means at least a portion of a standard 20 tanker truck load. “Eligible underground bulk storage facility” 21 means an underground bulk storage facility in operation on or 22 before January 1, 1990. 23 Sec. 269. Section 424.6, subsection 6, Code 2009, is amended 24 to read as follows: 25 6. The board department of natural resources may waive 26 the requirement for an exemption certificate for one or more 27 classes of exempt, deferred, or excluded tanks, if in the 28 board’s department of natural resources’ judgment an exemption 29 certificate is not required for effective and efficient 30 collection of the charge. If an exemption certificate is not 31 required for a class pursuant to this subsection, the depositor 32 shall maintain and file such records and information as may be 33 required by the director regarding deposits into a tank subject 34 to the waiver. 35 -118- LSB 5073SV (48) 83 ec/rj 118/ 290
S.F. 2088 Sec. 270. Section 424.11, subsection 1, paragraph b, Code 1 Supplement 2009, is amended to read as follows: 2 b. The environmental protection charge lien shall attach at 3 the time the charge becomes due and payable and shall continue 4 for ten years from the time the lien attaches unless sooner 5 released or otherwise discharged. The lien may be extended, 6 within ten years from the date the lien attaches, by filing 7 for record a notice with the appropriate county official of 8 the appropriate county and from the time of such filing, the 9 lien shall be extended to the property in such county for ten 10 years, unless sooner released or otherwise discharged, with no 11 limit on the number of extensions. The director shall charge 12 off any account whose lien is allowed to lapse and may charge 13 off any account and release the corresponding lien before the 14 lien has lapsed if the director determines under uniform rules 15 adopted by the board environmental protection commission that 16 the account is uncollectible or collection costs involved would 17 not warrant collection of the amount due. 18 Sec. 271. Section 424.15, unnumbered paragraph 2, Code 19 2009, is amended to read as follows: 20 Refunds may be made only from the unallocated or uncommitted 21 moneys in the road use tax fund, and are limited by the 22 total amount budgeted by the board department of natural 23 resources for charge refunds. 24 Sec. 272. Section 424.16, subsections 1 and 2, Code 25 Supplement 2009, are amended to read as follows: 26 1. a. The board department of natural resources shall 27 notify each person who has previously filed an environmental 28 protection charge return, and any other person known to the 29 board department of natural resources who will owe the charge 30 at any address obtainable for that person, at least thirty days 31 in advance of the start of any calendar quarter during which an 32 administrative change in the cost factor, pursuant to section 33 424.3, subsection 5, becomes effective. 34 b. Notice shall be provided by mailing a notice of the 35 -119- LSB 5073SV (48) 83 ec/rj 119/ 290
S.F. 2088 change to the address listed on the person’s last return. 1 The mailing of the notice is presumptive evidence of the 2 receipt of the notice by the person to whom addressed. The 3 board department of natural resources shall also publish the 4 same notice at least twice in a paper of general circulation 5 within the state at least thirty days in advance of the first 6 day of the calendar quarter during which a change in paragraph 7 “a” becomes effective. 8 2. A notice authorized or required under this section may 9 be given by mailing the notice to the person for whom it is 10 intended, addressed to that person at the address given in the 11 last return filed by the person pursuant to this chapter, or if 12 no return has been filed, then to any address obtainable. The 13 mailing of the notice is presumptive evidence of the receipt 14 of the notice by the person to whom addressed. Any period 15 of time which is determined according to this chapter by the 16 giving of notice commences to run from the date of mailing of 17 the notice. Neither mailed notice or notice by publication 18 is required for the initial determination and imposition of 19 the charge. The board department of natural resources shall 20 undertake to provide reasonable notice of the environmental 21 protection charge and procedures, as in the board’s department 22 of natural resources’ sole discretion it deems appropriate, 23 provided that the actual charge and procedures are published in 24 the Iowa administrative bulletin prior to the effective date 25 of the charge. 26 Sec. 273. Section 427B.20, subsection 1, paragraph a, Code 27 Supplement 2009, is amended to read as follows: 28 a. “Actual portion of the costs paid by the owner or operator 29 of an underground storage tank in connection with a remedial 30 action for which the Iowa comprehensive petroleum underground 31 storage tank fund shares in the cost of corrective action” means 32 the amount determined by the fund’s board department of natural 33 resources , or the board’s designee of the department of natural 34 resources , as the administrator of the Iowa comprehensive 35 -120- LSB 5073SV (48) 83 ec/rj 120/ 290
S.F. 2088 petroleum underground storage tank fund, and for which the 1 owner or operator was not reimbursed from any other source. 2 Sec. 274. Section 455B.471, subsection 1, Code 2009, is 3 amended by striking the subsection. 4 Sec. 275. Section 455B.474, subsection 1, paragraph f, 5 subparagraphs (9) and (10), Code Supplement 2009, are amended 6 to read as follows: 7 (9) Replacement or upgrade of a tank on a site classified 8 as a high or low risk site shall be equipped with a secondary 9 containment system with monitoring of the space between 10 the primary and secondary containment structures or other 11 board department approved tank system or methodology. 12 (10) The commission and the board shall cooperate to ensure 13 that remedial measures required by the corrective action 14 rules adopted pursuant to this paragraph are reasonably 15 cost-effective and shall, to the fullest extent possible, avoid 16 duplicating and conflicting requirements. 17 Sec. 276. Section 455B.474, subsection 9, paragraph d, Code 18 Supplement 2009, is amended to read as follows: 19 d. The certification of groundwater professionals shall not 20 impose liability on the board, the department , or the fund for 21 any claim or cause of action of any nature, based on the action 22 or inaction of a groundwater professional certified pursuant 23 to this subsection. 24 Sec. 277. Section 455B.477, subsection 7, Code 2009, is 25 amended to read as follows: 26 7. The civil penalties or other damages or moneys recovered 27 by the state or the petroleum underground storage tank fund 28 in connection with a petroleum underground storage tank under 29 this part of this division or chapter 455G shall be credited to 30 the fund created in section 455G.3 and allocated between fund 31 accounts according to the fund budget. Any federal moneys, 32 including but not limited to federal underground storage tank 33 trust fund moneys, received by the state or the department of 34 natural resources in connection with a release occurring on 35 -121- LSB 5073SV (48) 83 ec/rj 121/ 290
S.F. 2088 or after May 5, 1989, or received generally for underground 1 storage tank programs on or after May 5, 1989, shall be 2 credited to the fund created in section 455G.3 and allocated 3 between fund accounts according to the fund budget, unless 4 such use would be contrary to federal law. The department 5 shall cooperate with the board of the Iowa comprehensive 6 petroleum underground storage tank fund to maximize the state’s 7 eligibility for and receipt of federal funds for underground 8 storage tank related purposes. 9 Sec. 278. Section 455G.1, subsection 2, paragraph c, Code 10 Supplement 2009, is amended to read as follows: 11 c. If and when federal law changes, the department 12 of natural resources commission shall adopt by rule 13 such additional requirements, exemptions, deferrals, or 14 exclusions as required by federal law. It is expected that 15 certain classes of tanks currently exempted or excluded by 16 federal regulation will be regulated by the United States 17 environmental protection agency in the future. A tank 18 which is not required by federal law to maintain proof of 19 financial responsibility shall not be subject to department 20 of natural resources commission rules on proof of financial 21 responsibility. 22 Sec. 279. Section 455G.2, subsection 1, Code 2009, is 23 amended by striking the subsection. 24 Sec. 280. Section 455G.2, subsections 2, 5, 6, and 12, Code 25 2009, are amended to read as follows: 26 2. “Board” means the Iowa comprehensive petroleum 27 underground storage tank fund board. 28 5. “Community remediation” means a program of coordinated 29 testing, planning, or remediation, involving two or more tank 30 sites potentially connected with a continuous contaminated 31 area, pursuant to rules adopted by the board commission . A 32 community remediation does not expand the scope of coverage 33 otherwise available or relieve liability otherwise imposed 34 under state or federal law. 35 -122- LSB 5073SV (48) 83 ec/rj 122/ 290
S.F. 2088 6. “Corrective action” means an action taken to minimize, 1 eliminate, or clean up a release to protect the public 2 health and welfare or the environment. Corrective action 3 includes , but is not limited to , excavation of an underground 4 storage tank for the purposes of repairing a leak or removal 5 of a tank, removal of contaminated soil, and cleansing of 6 groundwaters or surface waters. Corrective action does 7 not include replacement of an underground storage tank or 8 other capital improvements to the tank. Corrective action 9 specifically excludes third-party liability. Corrective action 10 includes the expenses incurred to prepare a site cleanup report 11 for approval by the department of natural resources detailing 12 the planned response to a release or suspected release, but not 13 necessarily all actions proposed to be taken by a site cleanup 14 report. 15 12. “Insurance” includes any form of financial assistance 16 or showing of financial responsibility sufficient to comply 17 with the federal Resource Conservation and Recovery Act or the 18 Iowa department of natural resources’ department’s underground 19 storage tank financial responsibility rules. 20 Sec. 281. Section 455G.2, subsection 3, Code 2009, is 21 amended to read as follows: 22 3. “Bond” means a bond, note, or other obligation issued by 23 the authority treasurer of state for the fund and the purposes 24 of this chapter. 25 Sec. 282. Section 455G.2, Code 2009, is amended by adding 26 the following new subsections: 27 NEW SUBSECTION . 4A. “Commission” means the environmental 28 protection commission created pursuant to section 455A.6. 29 NEW SUBSECTION . 6A. “Department” means the department of 30 natural resources created pursuant to section 455A.2. 31 Sec. 283. Section 455G.3, subsections 1, 2, and 5, Code 32 2009, are amended to read as follows: 33 1. The Iowa comprehensive petroleum underground storage 34 tank fund is created as a separate fund in the state treasury, 35 -123- LSB 5073SV (48) 83 ec/rj 123/ 290
S.F. 2088 and any funds remaining in the fund at the end of each fiscal 1 year shall not revert to the general fund but shall remain 2 in the Iowa comprehensive petroleum underground storage tank 3 fund. Interest or other income earned by the fund shall 4 be deposited in the fund. The fund shall include moneys 5 credited to the fund under this section, section 321.145, 6 subsection 2, paragraph “a” , and sections 455G.8 and 455G.9, 7 and section 455G.11, Code 2003, and other funds which by 8 law may be credited to the fund. The moneys in the fund are 9 appropriated to and for the purposes of the board department as 10 provided in this chapter. Amounts in the fund shall not be 11 subject to appropriation for any other purpose by the general 12 assembly, but shall be used only for the purposes set forth 13 in this chapter. The treasurer of state department shall act 14 as custodian of the fund and disburse amounts contained in 15 it as directed by the board department including automatic 16 disbursements of funds as received pursuant to the terms of 17 bond indentures and documents and security provisions to 18 trustees and custodians. The treasurer of state department is 19 authorized to invest the funds deposited in the fund at 20 the direction of the board department and subject to any 21 limitations contained in any applicable bond proceedings. 22 The income from such investment shall be credited to and 23 deposited in the fund. The fund shall be administered by 24 the board department which shall make expenditures from the 25 fund consistent with the purposes of the programs set out in 26 this chapter without further appropriation. The fund may be 27 divided into different accounts with different depositories as 28 determined by the board department and to fulfill the purposes 29 of this chapter. 30 2. The board department shall assist Iowa’s owners and 31 operators of petroleum underground storage tanks in complying 32 with federal environmental protection agency technical and 33 financial responsibility regulations by establishment of the 34 Iowa comprehensive petroleum underground storage tank fund. 35 -124- LSB 5073SV (48) 83 ec/rj 124/ 290
S.F. 2088 The authority treasurer of state may issue its bonds, or series 1 of bonds, to assist the board department , as provided in this 2 chapter. 3 5. For purposes of payment of refunds of the environmental 4 protection charge under section 424.15 by the department 5 of revenue, the treasurer of state department of natural 6 resources shall allocate to the department of administrative 7 services the total amount budgeted by the fund’s 8 board department of natural resources for environmental 9 protection charge refunds. Any unused funds shall be remitted 10 to the treasurer of state department of natural resources . 11 Sec. 284. Section 455G.4, Code Supplement 2009, is amended 12 to read as follows: 13 455G.4 Governing board Duties . 14 1. Members of the board. 15 a. The Iowa comprehensive petroleum underground storage tank 16 fund board is established consisting of the following members: 17 (1) The director of the department of natural resources, or 18 the director’s designee. 19 (2) The treasurer of state, or the treasurer’s designee. 20 (3) The commissioner of insurance, or the commissioner’s 21 designee. 22 (4) Two public members appointed by the governor and 23 confirmed by the senate to staggered four-year terms, except 24 that, of the first members appointed, one public member shall 25 be appointed for a term of two years and one for a term of four 26 years. A public member shall have experience, knowledge, and 27 expertise of the subject matter embraced within this chapter . 28 Two public members shall be appointed with experience in 29 either, or both, financial markets or insurance. 30 (5) Two owners or operators appointed by the governor. 31 One of the owners or operators appointed pursuant to this 32 subparagraph shall have been a petroleum systems insured 33 through the underground storage tank insurance fund as it 34 existed on June 30, 2004, or a successor to the underground 35 -125- LSB 5073SV (48) 83 ec/rj 125/ 290
S.F. 2088 storage tank insurance fund and shall have been an insured 1 through the insurance account of the comprehensive petroleum 2 underground storage tank fund on or before October 26, 1990. 3 One of the owners or operators appointed pursuant to this 4 subparagraph shall be self-insured. 5 (6) The director of the legislative services agency, or 6 the director’s designee. The director under this subparagraph 7 shall not participate as a voting member of the board. 8 b. A public member appointed pursuant to paragraph “a” , 9 subparagraph (4), shall not have a conflict of interest. For 10 purposes of this section , a “conflict of interest” means an 11 affiliation, within the twelve months before the member’s 12 appointment, with the regulated tank community, or with a 13 person or property and casualty insurer offering competitive 14 insurance or other means of financial assurance or which 15 previously offered environmental hazard insurance for a member 16 of the regulated tank community. 17 c. The filling of positions reserved for public 18 representatives, vacancies, membership terms, payment of 19 compensation and expenses, and removal of members are governed 20 by chapter 69 . Members of the board are entitled to receive 21 reimbursement of actual expenses incurred in the discharge of 22 their duties within the limits of funds appropriated to the 23 board or made available to the fund. Each member of the board 24 may also be eligible to receive compensation as provided in 25 section 7E.6 . The members shall elect a voting chairperson of 26 the board from among the members of the board. 27 2. Department cooperation with board. The director of 28 the department of natural resources shall cooperate with the 29 board in the implementation of this part so as to minimize 30 unnecessary duplication of effort, reporting, or paperwork and 31 maximize environmental protection. 32 3. Rules and emergency rules. 33 1. a. The board commission shall adopt rules regarding 34 its practice and procedures, develop underwriting standards, 35 -126- LSB 5073SV (48) 83 ec/rj 126/ 290
S.F. 2088 establish procedures for investigating and settling claims made 1 against the fund, and otherwise implement and administer this 2 chapter. 3 b. Rules necessary for the implementation and collection of 4 the environmental protection charge shall be adopted. 5 c. Rules to facilitate and encourage the use of community 6 remediation whenever possible shall be adopted. 7 d. The board commission shall adopt rules relating to 8 appeal procedures which shall require the administrator to 9 deliver notice of appeal to be delivered to the affected 10 parties within fifteen days of receipt of notice, require 11 that the hearing be held within one hundred eighty days of 12 the filing of the petition unless good cause is shown for 13 the delay, and require that a final decision be issued no 14 later than one hundred twenty days following the close of the 15 hearing. The time restrictions in this paragraph may be waived 16 by mutual agreement of the parties. 17 4. Public bid. 18 2. All contracts entered into by the board department , 19 including contracts relating to community remediation, shall be 20 awarded on a competitive basis to the maximum extent practical. 21 In those situations where it is determined that public 22 bidding is not practical, the basis for the determination of 23 impracticability shall be documented by the board department or 24 its designee. This subsection applies only to contracts 25 entered into on or after July 1, 1992. 26 5. Contract approval. 27 3. a. The board commission shall approve any contract 28 entered into pursuant to this chapter if the cost of the 29 contract exceeds seventy-five thousand dollars. 30 b. A listing of all contracts entered into pursuant to this 31 chapter shall be presented at each board commission meeting 32 and shall be made available to the public. The listing shall 33 state the interested parties to the contract, the amount of the 34 contract, and the subject matter of the contract. 35 -127- LSB 5073SV (48) 83 ec/rj 127/ 290
S.F. 2088 c. The board commission shall be required to review and 1 approve or disapprove the administrator’s department’s failure 2 to approve a contract under section 455G.12A. Review by the 3 board commission shall not be required for cancellation or 4 replacement of a contract for a site included in a community 5 remediation project or when an emergency situation exists. 6 6. Reporting. 7 4. Beginning July 2003, the board department shall submit 8 a written report quarterly to the legislative council, the 9 chairperson and ranking member of the committee on environment 10 and energy independence in the senate, and the chairperson 11 and ranking member of the committee on environmental 12 protection in the house of representatives regarding changes 13 in the status of the program including but not limited to 14 the number of open claims by claim type; the number of new 15 claims submitted and the eligibility status of each claim; 16 a summary of the risk classification of open claims; the 17 status of all claims at high-risk sites including the number 18 of corrective action design reports submitted, approved, and 19 implemented during the reporting period; total moneys reserved 20 on open claims and total moneys paid on open claims; and a 21 summary of budgets approved and invoices paid for high-risk 22 site activities including a breakdown by corrective action 23 design report, construction and equipment, implementation, 24 operation and maintenance, monitoring, over excavation, free 25 product recovery, site reclassification, reporting and other 26 expenses, or a similar breakdown. In each report submitted 27 by the board department , the board department shall include 28 an estimated timeline to complete corrective action at all 29 currently eligible high-risk sites where a corrective action 30 design report has been submitted by a claimant and approved 31 during the reporting period. The timeline shall include the 32 projected year when a no further action designation will be 33 obtained based upon the corrective action activities approved 34 or anticipated at each claimant site. The timeline shall be 35 -128- LSB 5073SV (48) 83 ec/rj 128/ 290
S.F. 2088 broken down in annual increments with the number or percentage 1 of sites projected to be completed for each time period. The 2 report shall identify and report steps taken to expedite 3 corrective action and eliminate the state’s liability for open 4 claims. 5 Sec. 285. Section 455G.5, Code 2009, is amended to read as 6 follows: 7 455G.5 Independent contractors to be retained by 8 board department . 9 The board shall administer the fund. A contract entered 10 into on or after July 1, 1992, to retain a person to act as the 11 administrator of the fund shall be subject to public bid. All 12 other contracts to retain a person under this section shall be 13 in compliance with the public bidding requirements of section 14 455G.4, subsection 4 . 15 The board department may enter into a contract or an 16 agreement authorized under chapter 28E with a private agency 17 or person, the department of natural resources, the Iowa 18 finance authority, the department of administrative services, 19 the department of revenue, other departments, agencies, or 20 governmental subdivisions of this state, another state, or 21 the United States, in connection with its administration and 22 implementation of this chapter or chapter 424 or 455B. 23 The board department may reimburse a contractor, public 24 or private, retained pursuant to this section for expenses 25 incurred in the execution of a contract or agreement. 26 Reimbursable expenses include, by way of example, but not 27 exclusion, the costs of collecting the environmental protection 28 charge or administering specific delegated duties or powers of 29 the board department . 30 Sec. 286. Section 455G.6, unnumbered paragraph 1, Code 31 Supplement 2009, is amended to read as follows: 32 In administering the fund, the board department has all of 33 the general powers reasonably necessary and convenient to carry 34 out its purposes and duties and may do any of the following, 35 -129- LSB 5073SV (48) 83 ec/rj 129/ 290
S.F. 2088 subject to express limitations contained in this chapter: 1 Sec. 287. Section 455G.6, subsections 1, 7, 8, 9, 10, 12, 2 15, 16, and 17, Code Supplement 2009, are amended to read as 3 follows: 4 1. Guarantee secured and unsecured loans, and enter into 5 agreements for corrective action, acquisition and construction 6 of tank improvements, and provide for the insurance program. 7 The loan guarantees may be made to a person or entity owning 8 or operating a tank. The board department may take any action 9 which is reasonable and lawful to protect its security and to 10 avoid losses from its loan guarantees. 11 7. The board department may contract with the 12 authority treasurer of state for the authority treasurer of 13 state to issue bonds and do all things necessary with respect 14 to the purposes of the fund, as set out in the contract between 15 the board department and the authority treasurer of state . 16 The board department may delegate to the authority treasurer 17 of state and the authority treasurer of state shall then 18 have all of the powers of the board department which are 19 necessary to issue and secure bonds and carry out the 20 purposes of the fund, to the extent provided in the contract 21 between the board department and the authority treasurer 22 of state . The authority treasurer of state may issue the 23 authority’s treasurer of state’s bonds in principal amounts 24 which, in the opinion of the board department , are necessary to 25 provide sufficient funds for the fund, the payment of interest 26 on the bonds, the establishment of reserves to secure the 27 bonds, the costs of issuance of the bonds, other expenditures 28 of the authority treasurer of state incident to and necessary 29 or convenient to carry out the bond issue for the fund, and 30 all other expenditures of the board department necessary or 31 convenient to administer the fund. The bonds are investment 32 securities and negotiable instruments within the meaning of and 33 for purposes of the uniform commercial code, chapter 554. 34 8. Bonds issued under this section are payable solely 35 -130- LSB 5073SV (48) 83 ec/rj 130/ 290
S.F. 2088 and only out of the moneys, assets, or revenues of the fund, 1 all of which may be deposited with trustees or depositories 2 in accordance with bond or security documents and pledged 3 by the board department to the payment thereof, and are not 4 an indebtedness of this state or the authority , or a charge 5 against the general credit or general fund of the state or the 6 authority , and the state shall not be liable for any financial 7 undertakings with respect to the fund. Bonds issued under 8 this chapter shall contain on their face a statement that the 9 bonds do not constitute an indebtedness of the state or the 10 authority . 11 9. The proceeds of bonds issued by the authority treasurer 12 of state and not required for immediate disbursement may be 13 deposited with a trustee or depository as provided in the 14 bond documents and invested in any investment approved by 15 the authority treasurer of state and specified in the trust 16 indenture, resolution, or other instrument pursuant to which 17 the bonds are issued without regard to any limitation otherwise 18 provided by law. 19 10. The bonds shall be: 20 a. In a form, issued in denominations, executed in a manner, 21 and payable over terms and with rights of redemption, and be 22 subject to such other terms and conditions as prescribed in the 23 trust indenture, resolution, or other instrument authorizing 24 their issuance. 25 b. Negotiable instruments under the laws of the state and 26 may be sold at prices, at public or private sale, and in a 27 manner, as prescribed by the authority treasurer of state . 28 Chapters 73A, 74, 74A and 75 do not apply to their sale or 29 issuance of the bonds. 30 c. Subject to the terms, conditions, and covenants providing 31 for the payment of the principal, redemption premiums, if 32 any, interest, and other terms, conditions, covenants, and 33 protective provisions safeguarding payment, not inconsistent 34 with this chapter and as determined by the trust indenture, 35 -131- LSB 5073SV (48) 83 ec/rj 131/ 290
S.F. 2088 resolution, or other instrument authorizing their issuance. 1 12. Bonds must be authorized by a trust indenture, 2 resolution, or other instrument of the authority treasurer of 3 state , approved by the board department . However, a trust 4 indenture, resolution, or other instrument authorizing the 5 issuance of bonds may delegate to an officer of the issuer the 6 power to negotiate and fix the details of an issue of bonds. 7 15. a. Subject to the terms of any bond documents, moneys 8 in the fund or fund accounts may be expended for administration 9 expenses, civil penalties, moneys paid under an agreement, 10 stipulation, or settlement, for the costs associated with sites 11 within a community remediation project, for costs related to 12 contracts entered into with a state agency or university, costs 13 for activities relating to litigation, or for the costs of any 14 other activities as the board department may determine are 15 necessary and convenient to facilitate compliance with and 16 to implement the intent of federal laws and regulations and 17 this chapter. For purposes of this chapter , administration 18 expenses include expenses incurred by the underground storage 19 tank section of the department of natural resources in relation 20 to tanks regulated under this chapter . Moneys in the fund 21 or fund accounts shall not be expended by the department for 22 administrative expenses. 23 b. The authority granted under this subsection which allows 24 the board department to expend fund moneys on an activity 25 the board department determines is necessary and convenient 26 to facilitate compliance with and to implement the intent of 27 federal laws and regulations and this chapter, shall only be 28 used in accordance with the following: 29 (1) Prior board department approval shall be required 30 before expenditure of moneys pursuant to this authority shall 31 be made. 32 (2) If the expenditure of fund moneys pursuant to this 33 authority would result in the board department establishing 34 a policy which would substantially affect the operation 35 -132- LSB 5073SV (48) 83 ec/rj 132/ 290
S.F. 2088 of the program, rules shall be adopted by the 1 commission pursuant to chapter 17A prior to the board 2 or the administrator department taking any action pursuant to 3 this proposed policy. 4 16. The board shall cooperate with the department of 5 natural resources , in the implementation and administration 6 of this chapter to , shall assure that in combination with 7 existing state statutes and rules governing underground storage 8 tanks, the state will be, and continue to be, recognized by 9 the federal government as having an “approved state account” 10 under the federal Resource Conservation and Recovery Act, 11 especially by compliance with the Act’s subtitle I financial 12 responsibility requirements as enacted in the federal Superfund 13 Amendments and Reauthorization Act of 1986 and the financial 14 responsibility regulations adopted by the United States 15 environmental protection agency at 40 C.F.R. pts. 280 and 281. 16 Whenever possible this chapter shall be interpreted to further 17 the purposes of, and to comply, and not to conflict, with such 18 federal requirements. 19 17. The board commission may adopt rules pursuant to 20 chapter 17A providing for the transfer of all or a portion 21 of the liabilities of the board department under this 22 chapter. Notwithstanding other provisions to the contrary, 23 the board department , upon such transfer, shall not maintain 24 any duty to reimburse claimants under this chapter for those 25 liabilities transferred. 26 Sec. 288. Section 455G.7, Code Supplement 2009, is amended 27 to read as follows: 28 455G.7 Security for bonds —— capital reserve fund —— 29 irrevocable contracts. 30 1. For the purpose of securing one or more issues of 31 bonds for the fund, the authority treasurer of state , with 32 the approval of the board department , may authorize the 33 establishment of one or more special funds, called “capital 34 reserve funds” . The authority treasurer of state may pay 35 -133- LSB 5073SV (48) 83 ec/rj 133/ 290
S.F. 2088 into the capital reserve funds the proceeds of the sale of 1 its bonds and other money which may be made available to 2 the authority treasurer of state from other sources for the 3 purposes of the capital reserve funds. Except as provided in 4 this section, money in a capital reserve fund shall be used 5 only as required for any of the following: 6 a. The payment of the principal of and interest on bonds or 7 of the sinking fund payments with respect to those bonds. 8 b. The purchase or redemption of the bonds. 9 c. The payment of a redemption premium required to be paid 10 when the bonds are redeemed before maturity. 11 However, money in a capital reserve fund shall not be 12 withdrawn if the withdrawal would reduce the amount in the 13 capital reserve fund to less than the capital reserve fund 14 requirement, except for the purpose of making payment, when 15 due, of principal, interest, redemption premiums on the bonds, 16 and making sinking fund payments when other money pledged to 17 the payment of the bonds is not available for the payments. 18 Income or interest earned by, or increment to, a capital 19 reserve fund from the investment of all or part of the capital 20 reserve fund may be transferred by the authority treasurer of 21 state to other accounts of the fund if the transfer does not 22 reduce the amount of the capital reserve fund below the capital 23 reserve fund requirement. 24 2. If the authority treasurer of state decides to issue 25 bonds secured by a capital reserve fund, the bonds shall not be 26 issued if the amount in the capital reserve fund is less than 27 the capital reserve fund requirement, unless at the time of 28 issuance of the bonds the authority treasurer of state deposits 29 in the capital reserve fund from the proceeds of the bonds to 30 be issued or from other sources, an amount which, together with 31 the amount then in the capital reserve fund, is not less than 32 the capital reserve fund requirement. 33 3. In computing the amount of a capital reserve fund for the 34 purpose of this section, securities in which all or a portion 35 -134- LSB 5073SV (48) 83 ec/rj 134/ 290
S.F. 2088 of the capital reserve fund is invested shall be valued by a 1 reasonable method established by the authority treasurer of 2 state . Valuation shall include the amount of interest earned 3 or accrued as of the date of valuation. 4 4. In this section, “capital reserve fund requirement” means 5 the amount required to be on deposit in the capital reserve 6 fund as of the date of computation. 7 5. To assure maintenance of the capital reserve funds, 8 the authority treasurer of state shall, on or before July 1 9 of each calendar year, make and deliver to the governor the 10 authority’s treasurer of state’s certificate stating the sum, 11 if any, required to restore each capital reserve fund to the 12 capital reserve fund requirement for that fund. Within thirty 13 days after the beginning of the session of the general assembly 14 next following the delivery of the certificate, the governor 15 may submit to both houses printed copies of a budget including 16 the sum, if any, required to restore each capital reserve fund 17 to the capital reserve fund requirement for that fund. Any 18 sums appropriated by the general assembly and paid to the 19 authority treasurer of state pursuant to this section shall be 20 deposited in the applicable capital reserve fund. 21 6. All amounts paid by the state pursuant to this section 22 shall be considered advances by the state and, subject to the 23 rights of the holders of any bonds of the authority treasurer 24 of state that have previously been issued or will be issued, 25 shall be repaid to the state without interest from all 26 available revenues of the fund in excess of amounts required 27 for the payment of bonds of the authority treasurer of state , 28 the capital reserve fund, and operating expenses. 29 7. If any amount deposited in a capital reserve fund is 30 withdrawn for payment of principal, premium, or interest on 31 the bonds or sinking fund payments with respect to bonds 32 thus reducing the amount of that fund to less than the 33 capital reserve fund requirement, the authority treasurer of 34 state shall immediately notify the governor and the general 35 -135- LSB 5073SV (48) 83 ec/rj 135/ 290
S.F. 2088 assembly of this event and shall take steps to restore the 1 capital reserve fund to the capital reserve fund requirement 2 for that fund from any amounts designated as being available 3 for such purpose. 4 Sec. 289. Section 455G.8, unnumbered paragraph 1, Code 5 2009, is amended to read as follows: 6 Revenue for the fund shall include , but is not limited 7 to , the following, which shall be deposited with the 8 board department or its designee as provided by any bond or 9 security documents and credited to the fund: 10 Sec. 290. Section 455G.8, subsection 2, Code 2009, is 11 amended to read as follows: 12 2. Statutory allocations fund. The moneys credited from the 13 statutory allocations fund under section 321.145, subsection 14 2, paragraph “a” , shall be allocated, consistent with this 15 chapter, among the fund’s accounts, for debt service and other 16 fund expenses, according to the fund budget, resolution, trust 17 agreement, or other instrument prepared or entered into by 18 the board department or authority treasurer of state under 19 direction of the board department . 20 Sec. 291. Section 455G.9, subsection 1, paragraph a, 21 subparagraph (1), unnumbered paragraph 1, Code 2009, is amended 22 to read as follows: 23 Corrective action for an eligible release reported to the 24 department of natural resources on or after July 1, 1987, but 25 prior to May 5, 1989. Third-party liability is specifically 26 excluded from remedial account coverage. For a claim for a 27 release under this subparagraph, the remedial program shall pay 28 in accordance with subsection 4. For a release to be eligible 29 for coverage under this subparagraph the following conditions 30 must be satisfied: 31 Sec. 292. Section 455G.9, subsection 1, paragraph a, 32 subparagraph (1), subparagraph division (c), Code 2009, is 33 amended to read as follows: 34 (c) The claim for coverage pursuant to this subparagraph 35 -136- LSB 5073SV (48) 83 ec/rj 136/ 290
S.F. 2088 must have been filed with the board department prior to January 1 31, 1990, except that cities and counties must have filed their 2 claim with the board by September 1, 1990. 3 Sec. 293. Section 455G.9, subsection 1, paragraph a, 4 subparagraph (1), subparagraph division (d), Code 2009, is 5 amended to read as follows: 6 (d) The owner or operator at the time the release was 7 reported to the department of natural resources must have been 8 in compliance with then current monitoring requirements, if 9 any, or must have been in the process of compliance efforts 10 with anticipated requirements, including installation of 11 monitoring devices, a new tank, tank improvements or retrofit, 12 or any combination. 13 Sec. 294. Section 455G.9, subsection 1, paragraph a, 14 subparagraph (2), Code 2009, is amended to read as follows: 15 (2) Corrective action, up to one million dollars total, 16 and subject to prioritization rules as established pursuant to 17 section 455G.12A, for a release reported to the department of 18 natural resources after May 5, 1989, and on or before October 19 26, 1990. Third-party liability is specifically excluded 20 from remedial account coverage. Corrective action coverage 21 provided pursuant to this paragraph may be aggregated with 22 other financial assurance mechanisms as permitted by federal 23 law to satisfy required aggregate and per occurrence limits 24 of financial responsibility for both corrective action and 25 third-party liability, if the owner’s or operator’s effective 26 financial responsibility compliance date is prior to October 27 26, 1990. School districts who reported a release to the 28 department of natural resources prior to December 1, 1990, 29 shall have until July 1, 1991, to report a claim to the 30 board for remedial coverage under this subparagraph. 31 Sec. 295. Section 455G.9, subsection 1, paragraph a, 32 subparagraph (3), unnumbered paragraph 1, Code 2009, is amended 33 to read as follows: 34 Corrective action for an eligible release reported to 35 -137- LSB 5073SV (48) 83 ec/rj 137/ 290
S.F. 2088 the department of natural resources on or after January 1, 1 1984, but prior to July 1, 1987. Third-party liability is 2 specifically excluded from remedial account coverage. For 3 a claim for a release under this subparagraph, the remedial 4 program shall pay in accordance with subsection 4. For a 5 release to be eligible for coverage under this subparagraph the 6 following conditions must be satisfied: 7 Sec. 296. Section 455G.9, subsection 1, paragraph a, 8 subparagraph (3), subparagraph division (d), Code 2009, is 9 amended to read as follows: 10 (d) The claim for coverage pursuant to this subparagraph 11 must have been filed with the board prior to September 1, 1990. 12 Sec. 297. Section 455G.9, subsection 1, paragraph a, 13 subparagraph (3), subparagraph division (e), Code 2009, is 14 amended to read as follows: 15 (e) The owner or operator at the time the release was 16 reported to the department of natural resources must have been 17 in compliance with then current monitoring requirements, if 18 any, or must have been in the process of compliance efforts 19 with anticipated requirements, including installation of 20 monitoring devices, a new tank, tank improvements or retrofit, 21 or any combination. 22 Sec. 298. Section 455G.9, subsection 1, paragraph a, 23 subparagraph (4), Code 2009, is amended to read as follows: 24 (4) One hundred percent of the costs of corrective 25 action for a release reported to the department of natural 26 resources on or before July 1, 1991, if the owner or operator 27 is not a governmental entity and is a not-for-profit 28 organization exempt from federal income taxation under section 29 501(c)(3) of the Internal Revenue Code with a net annual income 30 of twenty-five thousand dollars or less for the year 1990, and 31 if the tank which is the subject of the corrective action is a 32 registered tank and is under one thousand one hundred gallons 33 capacity. 34 Sec. 299. Section 455G.9, subsection 1, paragraphs b, c, e, 35 -138- LSB 5073SV (48) 83 ec/rj 138/ 290
S.F. 2088 and f, Code 2009, are amended to read as follows: 1 b. Corrective action and third-party liability for a 2 release discovered on or after January 24, 1989, for which a 3 responsible owner or operator able to pay cannot be found and 4 for which the federal underground storage tank trust fund or 5 other federal moneys do not provide coverage. For the purposes 6 of this section property shall not be deeded or quitclaimed 7 to the state or board department in lieu of cleanup. 8 Additionally, the ability to pay shall be determined after a 9 claim has been filed. The board department is not liable for 10 any cost where either the responsible owner or operator, or 11 both, have a net worth greater than fifteen thousand dollars, 12 or where the responsible party can be determined. Third-party 13 liability specifically excludes any claim, cause of action, 14 or suit, for personal injury including , but not limited 15 to , loss of use or of private enjoyment, mental anguish, 16 false imprisonment, wrongful entry or eviction, humiliation, 17 discrimination, or malicious prosecution. 18 c. Corrective action and third-party liability for a tank 19 owned or operated by a financial institution eligible to 20 participate in the remedial account under section 455G.16 if 21 the prior owner or operator is unable to pay, if so authorized 22 by the board department as part of a condition or incentive 23 for financial institution participation in the fund pursuant 24 to section 455G.16. Third-party liability specifically 25 excludes any claim, cause of action, or suit, for personal 26 injury including , but not limited to , loss of use or of 27 private enjoyment, mental anguish, false imprisonment, wrongful 28 entry or eviction, humiliation, discrimination, or malicious 29 prosecution. 30 e. Corrective action for a release reported to the 31 department of natural resources after May 5, 1989, and on 32 or before October 26, 1990, in connection with a tank owned 33 or operated by a state agency or department which elects to 34 participate in the remedial account pursuant to this paragraph. 35 -139- LSB 5073SV (48) 83 ec/rj 139/ 290
S.F. 2088 A state agency or department which does not receive a standing 1 unlimited appropriation which may be used to pay for the 2 costs of a corrective action may opt, with the approval of 3 the board department , to participate in the remedial account. 4 As a condition of opting to participate in the remedial 5 account, the agency or department shall pay all registration 6 fees, storage tank management fees, environmental protection 7 charges, and all other charges and fees upon all tanks owned 8 or operated by the agency or department in the same manner 9 as if the agency or department were a person required to 10 maintain financial responsibility. Once an agency has opted 11 to participate in the remedial program, it cannot opt out, 12 and shall continue to pay all charges and fees upon all tanks 13 owned or operated by the agency or department so long as the 14 charges or fees are imposed on similarly situated tanks of a 15 person required to maintain financial responsibility. The 16 board commission shall by rule adopted pursuant to chapter 17 17A provide the terms and conditions for a state agency or 18 department to opt to participate in the remedial account. A 19 state agency or department which opts to participate in the 20 remedial account shall be subject to the minimum copayment 21 schedule of subsection 4, as if the state agency or department 22 were a person required to maintain financial responsibility. 23 f. One hundred percent of the costs up to twenty thousand 24 dollars incurred by the board department under section 25 455G.12A, subsection 2, unnumbered paragraph 2, for site 26 cleanup reports. Costs of a site cleanup report which 27 exceed twenty thousand dollars shall be considered a cost of 28 corrective action and the amount shall be included in the 29 calculations for corrective action cost copayments under 30 subsection 4. The board department shall have the discretion 31 to authorize a site cleanup report payment in excess of twenty 32 thousand dollars if the site is participating in community 33 remediation. 34 Sec. 300. Section 455G.9, subsection 1, paragraph g, 35 -140- LSB 5073SV (48) 83 ec/rj 140/ 290
S.F. 2088 subparagraph (4), Code 2009, is amended to read as follows: 1 (4) The release was reported to the board by October 26, 2 1991. 3 Sec. 301. Section 455G.9, subsection 1, paragraphs i, k, and 4 l, Code 2009, are amended to read as follows: 5 i. Notwithstanding section 455G.1, subsection 2, corrective 6 action, for a release which was tested prior to October 26, 7 1990, and for which the site was issued a no-further-action 8 letter by the department of natural resources and which was 9 later determined, due to sale of the property or removal of a 10 nonoperating tank, to require remediation which was reported 11 to the administrator by October 26, 1992, in an amount as 12 specified in subsection 4. In order to qualify for benefits 13 under this paragraph, the applicant must not have operated a 14 tank on the property during the period of time for which the 15 applicant owned the property and the applicant must not be a 16 financial institution. 17 k. Pursuant to an agreement between the board and the 18 department of natural resources, assessment Assessment and 19 corrective action arising out of releases at sites for which 20 a no further action certificate has been issued pursuant to 21 section 455B.474, when the department determines that an 22 unreasonable risk to public health and safety may still exist. 23 At a minimum, the agreement shall address eligible costs, 24 contracting for services, and conditions under which sites may 25 be reevaluated. 26 l. Costs for the permanent closure of an underground storage 27 tank system that was in place on the date an eligible claim 28 was submitted under paragraph “a” . Reimbursement is limited 29 to costs approved by the board department prior to the closure 30 activities. 31 Sec. 302. Section 455G.9, subsections 2, 3, 5, 7, and 10, 32 Code 2009, are amended to read as follows: 33 2. Remedial account funding. The remedial account 34 shall be funded by that portion of the proceeds of the use 35 -141- LSB 5073SV (48) 83 ec/rj 141/ 290
S.F. 2088 tax imposed under chapter 423, subchapter III, and other 1 moneys and revenues budgeted to the remedial account by the 2 board department . 3 3. Trust fund to be established. When the remedial account 4 has accumulated sufficient capital to provide dependable 5 income to cover the expenses of expected future releases or 6 expected future losses for which no responsible owner is 7 available, the excess capital shall be transferred to a trust 8 fund administered by the board department and created for that 9 purpose. 10 5. Recovery of gain on sale of property. If an owner 11 or operator ceases to own or operate a tank site for which 12 remedial account benefits were received within ten years of 13 the receipt of any account benefit and sells or transfers a 14 property interest in the tank site for an amount which exceeds 15 one hundred twenty percent of the precorrective action value, 16 adjusted for equipment and capital improvements, the owner or 17 operator shall refund to the remedial account an amount equal 18 to ninety percent of the amount in excess of one hundred twenty 19 percent of the precorrective action value up to a maximum of 20 the expenses incurred by the remedial account associated with 21 the tank site plus interest, equal to the interest for the 22 most recent twelve-month period for the most recent bond issue 23 for the fund, on the expenses incurred, compounded annually. 24 An owner or operator under this subsection shall notify the 25 board department of the sale or transfer of the property 26 interest in the tank site. Expenses incurred by the fund are a 27 lien upon the property recordable and collectible in the same 28 manner as the lien provided for in section 424.11 at the time 29 of sale or transfer, subject to the terms of this section. 30 This subsection shall not apply if the sale or transfer 31 is pursuant to a power of eminent domain, or benefits. When 32 federal cleanup funds are recovered, the funds are to be 33 deposited to the remedial account of the fund and used solely 34 for the purpose of future cleanup activities. 35 -142- LSB 5073SV (48) 83 ec/rj 142/ 290
S.F. 2088 7. Expenses of cleanup not required. When an owner or 1 operator who is eligible for benefits under this chapter is 2 allowed by the department of natural resources to monitor in 3 place, the expenses incurred for cleanup beyond the level 4 required by the department of natural resources are not covered 5 under any of the accounts established under the fund. The 6 cleanup expenses incurred for work completed beyond what is 7 required is the responsibility of the person contracting for 8 the excess cleanup. 9 10. Expenses incurred by governmental subdivisions. The 10 board commission may adopt rules for reimbursement for 11 reasonable expenses incurred by a governmental subdivision 12 for treating, handling, or disposing, as required by the 13 department, of petroleum-contaminated soil and groundwater 14 encountered in a public right-of-way during installation, 15 maintenance, or repair of a public improvement. The 16 board department may seek full recovery from a responsible 17 party liable for the release for such expenses and for 18 all other costs and reasonable attorney fees and costs of 19 litigation for which moneys are expended by the fund. Any 20 expense described in this subsection incurred by the fund 21 constitutes a lien upon the property from which the release 22 occurred. A lien shall be recorded and an expense shall be 23 collected in the same manner as provided in section 424.11. 24 Sec. 303. Section 455G.12, Code 2009, is amended to read as 25 follows: 26 455G.12 Board Commission authority for prioritization. 27 If the board commission determines that, within the realm 28 of sound business judgment and practice, prioritization of 29 assistance is necessary in light of funds available for loan 30 guarantees or insurance coverage, the board commission may 31 develop rules for assistance or coverage prioritization based 32 upon adherence or planned adherence of the owner or operator 33 to higher than minimum environmental protection and safety 34 compliance considerations. 35 -143- LSB 5073SV (48) 83 ec/rj 143/ 290
S.F. 2088 Prior to the adoption of prioritization rules, the 1 board commission shall at minimum review the following issues: 2 1. The positive environmental impact of assistance 3 prioritization. 4 2. The economic feasibility, including the availability of 5 private financing, for an owner or operator to obtain priority 6 status. 7 3. Any negative impact on Iowa’s rural petroleum 8 distribution network which could result from prioritization. 9 4. Any similar prioritization systems in use by the private 10 financing or insurance markets in this state, including terms, 11 conditions, or exclusions. 12 5. The intent of this chapter that the board commission 13 shall maximize the availability of reasonably priced, 14 financially sound insurance coverage or loan guarantee 15 assistance. 16 Sec. 304. Section 455G.12A, Code 2009, is amended to read 17 as follows: 18 455G.12A Cost containment authority. 19 1. Validity of contracts. A contract in which one of the 20 parties to the contract is an owner or operator of a petroleum 21 underground storage tank, for goods or services which may be 22 payable or reimbursable from the fund, is invalid unless and 23 until the administrator department has approved the contract 24 as fair and equitable to the tank owner or operator, and found 25 that the contract terms are within the range of usual and 26 customary rates for similar or equivalent goods or services 27 within the state, and found that the goods or services are 28 necessary for the owner or operator to comply with fund or 29 regulatory standards. An owner or operator may appoint the 30 administrator department as an agent for the purposes of 31 negotiating contracts with suppliers of goods or services 32 compensable by the fund. The administrator department may 33 select another contractor for goods or services other than 34 the one offered by the owner or operator, if the scope of the 35 -144- LSB 5073SV (48) 83 ec/rj 144/ 290
S.F. 2088 proposed work or actual work of the offered contractor does not 1 reflect the quality of workmanship required, or the costs are 2 determined to be excessive. 3 2. Contract approval. In the course of review and 4 approval of a contract pursuant to this section, the 5 administrator department may require an owner or operator 6 to obtain and submit three bids, provided that the 7 administrator department coordinates bid submission with the 8 department. The administrator department may require specific 9 terms and conditions in a contract subject to approval. 10 The board department shall have authority to contract for 11 site cleanup reports. The board’s department’s responsibility 12 for site cleanup reports is limited to those site cleanup 13 reports subject to approval by the department of natural 14 resources and required in connection with the remediation of a 15 release which is eligible for benefits under section 455G.9. 16 The site cleanup report shall address existing and available 17 remedial technologies and the costs associated with the use 18 of each technology. The board department shall not have the 19 authority to affect a contract which has been given written 20 approval under this section. 21 3. Exclusive contracts. The administrator department may 22 enter into a contract or an exclusive contract with the 23 supplier of goods or services required by a class of tank 24 owners or operators in connection with an expense payable or 25 reimbursable from the fund, to supply a specified good or 26 service for a gross maximum price, fixed rate, on an exclusive 27 basis, or subject to another contract term or condition 28 reasonably calculated to obtain goods or services for the 29 fund or for tank owners and operators at a reasonable cost. 30 A contract may provide for direct payment from the fund to a 31 supplier. 32 The administrator department may retain , subject to board 33 approval, an independent person to assist in the review of work 34 required in connection with a release or tank system for which 35 -145- LSB 5073SV (48) 83 ec/rj 145/ 290
S.F. 2088 fund benefits are sought, and to establish prevailing cost of 1 goods and services needed. Nothing in this section is intended 2 to preempt the regulatory authority of the department. 3 4. Prior approval by administrator department . Unless 4 emergency conditions exist, a contractor performing services 5 pursuant to this section shall have the budget for the 6 work approved by the administrator department prior to 7 commencement of the work. No expense incurred which 8 is above the budgeted amount shall be paid unless the 9 administrator department approves such expense prior to its 10 being incurred. All invoices or bills shall be submitted 11 with appropriate documentation as deemed necessary by the 12 board department , no later than thirty days after the work has 13 been performed. Neither the board department nor an owner or 14 operator is responsible for payment for work incurred which has 15 not been previously approved by the board department . 16 Sec. 305. Section 455G.13, subsection 1, Code 2009, is 17 amended to read as follows: 18 1. Full recovery sought from owner. The board department 19 shall seek full recovery from the owner, operator, or other 20 potentially responsible party liable for the released petroleum 21 which is the subject of a corrective action, for which the fund 22 expends moneys for corrective action or third-party liability, 23 and for all other costs, including reasonable attorney fees and 24 costs of litigation for which moneys are expended by the fund 25 in connection with the release. When federal cleanup funds 26 are recovered, the funds are to be deposited to the remedial 27 account of the fund and used solely for the purpose of future 28 cleanup activities. 29 Sec. 306. Section 455G.13, subsection 2, paragraph a, Code 30 2009, is amended to read as follows: 31 a. The board or the department of natural resources shall 32 not seek recovery for expenses in connection with corrective 33 action for a release from an owner or operator eligible for 34 assistance under the remedial account except for any unpaid 35 -146- LSB 5073SV (48) 83 ec/rj 146/ 290
S.F. 2088 portion of the deductible or copayment. This section does 1 not affect any authorization of the department of natural 2 resources to impose or collect civil or administrative fines 3 or penalties or fees. The remedial account shall not be held 4 liable for any third-party liability. 5 Sec. 307. Section 455G.13, subsection 3, Code 2009, is 6 amended to read as follows: 7 3. Owner or operator not in compliance, subject to full 8 and total cost recovery. Notwithstanding subsection 2, the 9 liability of an owner or operator shall be the full and total 10 costs of corrective action and bodily injury or property damage 11 to third parties, as specified in subsection 1, if the owner 12 or operator has not complied with the financial responsibility 13 or other underground storage tank rules requirements of the 14 department of natural resources or with this chapter and rules 15 adopted under this chapter. 16 Sec. 308. Section 455G.13, subsection 4, paragraph a, Code 17 2009, is amended to read as follows: 18 a. Failed, without sufficient cause, to respond to a release 19 of petroleum from the tank upon, or in accordance with, a 20 notice issued by the director of the department of natural 21 resources . 22 Sec. 309. Section 455G.13, subsections 5, 6, 8, 9, 10, and 23 12, Code 2009, are amended to read as follows: 24 5. Lien on tank site. Any amount for which an owner or 25 operator is liable to the fund, if not paid when due, by 26 statute, rule, or contract, or determination of liability by 27 the board or department of natural resources after hearing, 28 shall constitute a lien upon the real property where the tank, 29 which was the subject of corrective action, is situated, and 30 the liability shall be collected in the same manner as the 31 environmental protection charge pursuant to section 424.11. 32 6. Joinder of parties. The department of natural 33 resources has standing in any case or contested action related 34 to the fund or a tank to assert any claim that the department 35 -147- LSB 5073SV (48) 83 ec/rj 147/ 290
S.F. 2088 may have regarding the tank at issue in the case or contested 1 action, upon motion and sufficient showing by a party to a cost 2 recovery or subrogation action provided for under this section, 3 the court or the administrative law judge shall join to the 4 action any potentially responsible party who may be liable for 5 costs and expenditures of the type recoverable pursuant to this 6 section. 7 8. Third-party contracts not binding on board department , 8 proceedings against responsible party. An insurance, 9 indemnification, hold harmless, conveyance, or similar 10 risk-sharing or risk-shifting agreement shall not be effective 11 to transfer any liability for costs recoverable under 12 this section. The fund , board, or department of natural 13 resources may proceed directly against the owner or operator or 14 other allegedly responsible party. This section does not bar 15 any agreement to insure, hold harmless, or indemnify a party to 16 the agreement for any costs or expenditures under this chapter, 17 and does not modify rights between the parties to an agreement, 18 except to the extent the agreement shifts liability to an 19 owner or operator eligible for assistance under the remedial 20 account for any damages or other expenses in connection with 21 a corrective action for which another potentially responsible 22 party is or may be liable. Any such provision is null and void 23 and of no force or effect. 24 9. Later proceedings permitted against other parties. The 25 entry of judgment against a party to the action does not bar 26 a future action by the board or the department of natural 27 resources against another person who is later alleged to be 28 or discovered to be liable for costs and expenditures paid by 29 the fund. Notwithstanding section 668.5 no other potentially 30 responsible party may seek contribution or any other recovery 31 from an owner or operator eligible for assistance under the 32 remedial account for damages or other expenses in connection 33 with corrective action for a release for which the potentially 34 responsible party is or may be liable. Subsequent successful 35 -148- LSB 5073SV (48) 83 ec/rj 148/ 290
S.F. 2088 proceedings against another party shall not modify or reduce 1 the liability of a party against whom judgment has been 2 previously entered. 3 10. Claims against potentially responsible parties. Upon 4 payment by the fund for corrective action or third-party 5 liability pursuant to this chapter, the rights of the claimant 6 to recover payment from any potentially responsible party, are 7 assumed by the board department to the extent paid by the fund. 8 A claimant is precluded from receiving double compensation for 9 the same injury. 10 In an action brought pursuant to this chapter seeking 11 damages for corrective action or third-party liability, the 12 court shall permit evidence and argument as to the replacement 13 or indemnification of actual economic losses incurred or to be 14 incurred in the future by the claimant by reason of insurance 15 benefits, governmental benefits or programs, or from any other 16 source. 17 A claimant may elect to permit the board department to pursue 18 the claimant’s cause of action for any injury not compensated 19 by the fund against any potentially responsible party, provided 20 the attorney general determines such representation would 21 not be a conflict of interest. If a claimant so elects, the 22 board’s department’s litigation expenses shall be shared on a 23 pro rata basis with the claimant, but the claimant’s share of 24 litigation expenses is payable exclusively from any share of 25 the settlement or judgment payable to the claimant. 26 12. Recovery or subrogation —— installers and 27 inspectors. Notwithstanding any other provision contained in 28 this chapter, the board department or a person insured under 29 the underground storage tank insurance fund established in 30 section 455G.11, Code 2003, has no right of recovery or right 31 of subrogation against an installer or an inspector who was 32 insured by the underground storage tank insurance fund for the 33 tank giving rise to the liability other than for recovery of 34 any deductibles paid. 35 -149- LSB 5073SV (48) 83 ec/rj 149/ 290
S.F. 2088 Sec. 310. Section 455G.16, unnumbered paragraph 1, Code 1 2009, is amended to read as follows: 2 The board department may impose conditions on the 3 participation of a financial institution in the fund. 4 Conditions shall be reasonably intended to increase the 5 quantity of private capital available for loans to tank owners 6 or operators who are small businesses within the meaning of 7 section 455G.2. Additionally, the board department may offer 8 incentives to financial institutions meeting conditions imposed 9 by the board department . Incentives may include extended 10 fund coverage of corrective action or third-party liability 11 expenses, waiver of copayment or deductible requirements, or 12 other benefits not offered to other participants, if reasonably 13 intended to increase the quantity of private capital available 14 for loans by an amount greater than the increased costs of the 15 incentives to the fund. 16 Sec. 311. Section 455G.20, Code 2009, is amended to read as 17 follows: 18 455G.20 Final approval. 19 Notwithstanding any other provision to the contrary, the 20 department of natural resources shall have final approval for a 21 determination as to when remediation shall begin on a site. 22 Sec. 312. Section 455G.21, subsection 1, Code 2009, is 23 amended to read as follows: 24 1. A marketability fund is created as a separate fund in 25 the state treasury under the control of the board department . 26 The board department shall administer the marketability 27 fund. Notwithstanding section 8.33, moneys remaining in 28 the marketability fund at the end of each fiscal year shall 29 not revert to the general fund but shall remain in the 30 marketability fund. The marketability fund shall include, 31 notwithstanding section 12C.7, interest earned by the 32 marketability fund or other income specifically allocated to 33 the marketability fund. 34 Sec. 313. Section 455G.21, subsection 2, paragraph a, Code 35 -150- LSB 5073SV (48) 83 ec/rj 150/ 290
S.F. 2088 2009, is amended to read as follows: 1 a. The innocent landowners fund shall be established as a 2 separate fund in the state treasury under the control of the 3 board department . The innocent landowners fund shall include 4 any moneys recovered pursuant to cost recovery enforcement 5 under section 455G.13. Notwithstanding section 455G.1, 6 subsection 2, benefits for the costs of corrective action may 7 be provided to the owner of a petroleum-contaminated property, 8 or an owner or operator of an underground storage tank located 9 on the property, who is not otherwise eligible to receive 10 benefits under section 455G.9 due to the date on which the 11 release causing the contamination was reported or the date 12 the claim was filed. An owner of a petroleum-contaminated 13 property, or an owner or operator of an underground storage 14 tank located on the property, shall be eligible for payment 15 of corrective action costs subject to copayment requirements 16 under section 455G.9, subsection 4. The board commission may 17 adopt rules conditioning receipt of benefits under this 18 paragraph to those petroleum-contaminated properties which 19 present a higher degree of risk to the public health and 20 safety or the environment and may adopt rules providing for 21 denial of benefits under this paragraph to a person who did 22 not make a good faith attempt to comply with the provisions of 23 this chapter. This paragraph does not confer a legal right 24 to an owner of petroleum-contaminated property, or an owner 25 or operator of an underground storage tank located on the 26 property, for receipt of benefits under this paragraph. 27 Sec. 314. REPEAL. Section 16.151, Code 2009, is repealed. 28 Sec. 315. REPEAL. 1989 Iowa Acts, chapter 131, section 63, 29 is repealed. 30 Sec. 316. REPEAL. 2009 Iowa Acts, chapter 184, section 39, 31 is repealed. 32 Sec. 317. APPROPRIATION —— GENERAL FUND. There is 33 appropriated from the Iowa comprehensive petroleum underground 34 storage tank fund to the general fund of the state for the 35 -151- LSB 5073SV (48) 83 ec/rj 151/ 290
S.F. 2088 fiscal year beginning July 1, 2010, and ending June 30, 2011, 1 the following amount: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 800,000 3 Sec. 318. APPROPRIATION —— DEPARTMENT OF NATURAL 4 RESOURCES. There is appropriated from the Iowa comprehensive 5 petroleum underground storage tank fund to the department 6 of natural resources for the fiscal year beginning July 1, 7 2010, and ending June 30, 2011, the following amount, or so 8 much thereof as is necessary, to be used for the purposes 9 designated: 10 For administering the Iowa comprehensive petroleum 11 underground storage tank fund, including salaries, support, 12 maintenance, and miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 700,000 14 Sec. 319. TRANSITION PROVISIONS. 15 1. This division of this Act and the transfer of 16 administrative duties to the department of natural resources 17 shall not constitute grounds for recision or modification 18 of any contracts entered into by or on behalf of the Iowa 19 comprehensive petroleum underground storage tank fund board. 20 2. Any rule, regulation, form, order, or directive 21 promulgated by the Iowa comprehensive petroleum underground 22 storage tank fund board and in effect on the effective date 23 of this division of this Act shall continue in full force and 24 effect until amended, repealed, or supplemented by affirmative 25 action of the environmental protection commission under the 26 duties and powers of the commission as established in this 27 division of this Act and under the procedure established in 28 subsection 3. 29 Any license or permit issued by Iowa comprehensive petroleum 30 underground storage tank fund board and in effect on the 31 effective date of this division of this Act shall continue in 32 full force and effect until expiration or renewal. 33 3. In regard to updating references and format in the Iowa 34 administrative code in order to correspond to the restructuring 35 -152- LSB 5073SV (48) 83 ec/rj 152/ 290
S.F. 2088 as established in this division of this Act, the administrative 1 rules coordinator and the administrative rules review 2 committee, in consultation with the administrative code editor, 3 shall jointly develop a schedule for the necessary updating of 4 the Iowa administrative code. 5 4. Any cause of action or statute of limitation relating 6 to the Iowa comprehensive petroleum underground storage tank 7 fund board shall not be affected as a result of the transfer 8 and such cause or statute of limitation shall apply to the 9 successor department or commission. 10 5. Any replacement of signs, logos, stationery, insignia, 11 uniforms, and related items that is made due to the effect of 12 this division of this Act should be done as part of the normal 13 replacement cycle for such items. 14 DIVISION XIX 15 ECONOMIC DEVELOPMENT —— COMMITTEES AND COUNCILS 16 Sec. 320. Section 15.108, subsection 7, paragraph h, Code 17 2009, is amended by striking the paragraph. 18 Sec. 321. Section 15G.115, subsections 2 and 3, Code 19 Supplement 2009, are amended to read as follows: 20 2. a. Each application from a business for financial 21 assistance under the grow Iowa values financial assistance 22 program shall be reviewed by the due diligence committee 23 established by the board pursuant to section 15.103, subsection 24 6. The due diligence committee shall make a recommendation on 25 each application to the board. 26 b. Each application from a business for financial assistance 27 under the value-added agriculture component of the grow Iowa 28 values financial assistance program shall be reviewed by the 29 agricultural products advisory council established in section 30 15.203 , which shall make a recommendation on each application 31 to the board. 32 c. b. Each application for financial assistance from funds 33 allocated by the department for deposit in the innovation 34 and commercialization development fund pursuant to section 35 -153- LSB 5073SV (48) 83 ec/rj 153/ 290
S.F. 2088 15G.111, subsection 10, shall be reviewed by the technology 1 commercialization committee established in section 15.116, 2 which shall make a recommendation on each application to the 3 board. 4 3. In overseeing the administration of the grow Iowa values 5 fund and grow Iowa values financial assistance program pursuant 6 to this chapter, the board shall do all of the following: 7 a. At the first scheduled meeting of the board after the 8 start of a new fiscal year, take final action on all of the 9 following: 10 (1) The department’s recommendations for the annual fiscal 11 year allocation of moneys in the fund, as provided in section 12 15G.111, subsection 4. The board may adjust the allocation of 13 moneys during the fiscal year as necessary. 14 (2) The department’s recommendations for the allocation 15 of moneys among the program components referred to in section 16 15G.112, subsection 1, paragraph “b” . The board may adjust the 17 allocation of moneys during the fiscal year as necessary. 18 b. Consider the recommendation of the due diligence 19 committee and the agricultural products advisory council on 20 each application for financial assistance, as described in 21 subsection 2, and take final action on each application. 22 c. Take final action on the required plans for proposed 23 expenditures submitted by the entities receiving moneys 24 allocated under section 15G.111, subsections 5 through 8. 25 d. Take final action on any rules recommended by the 26 department for the implementation of the provisions of this 27 chapter. 28 Sec. 322. REPEAL. Section 15.114, Code 2009, is repealed. 29 Sec. 323. REPEAL. Section 15.203, Code Supplement 2009, is 30 repealed. 31 DIVISION XX 32 CONSOLIDATION OF HOUSING PROGRAMS 33 Sec. 324. NEW SECTION . 16.41 Shelter assistance fund. 34 1. A shelter assistance fund is created as a revolving 35 -154- LSB 5073SV (48) 83 ec/rj 154/ 290
S.F. 2088 fund in the state treasury under the control of the authority 1 consisting of any moneys appropriated by the general assembly 2 and received under section 428A.8 for purposes of the 3 rehabilitation, expansion, or costs of operations of group home 4 shelters for the homeless and domestic violence shelters. 5 2. Of the moneys in the fund, not less than five hundred 6 forty–six thousand dollars shall be spent annually on homeless 7 shelter projects. 8 3. Notwithstanding section 8.33, all moneys in the shelter 9 assistance fund which remain unexpended or unobligated at the 10 close of the fiscal year shall not revert to the general fund 11 of the state but shall remain available for expenditure for 12 subsequent fiscal years. 13 Sec. 325. Section 428A.8, subsection 2, unnumbered 14 paragraph 1, Code 2009, is amended to read as follows: 15 The treasurer of state shall deposit or transfer the 16 receipts paid the treasurer of state pursuant to subsection 17 1 to either the general fund of the state, the housing trust 18 fund created in section 16.181, or the shelter assistance fund 19 created in section 15.349 16.41 as follows: 20 Sec. 326. REPEAL. Section 15.349, Code 2009, is repealed. 21 Sec. 327. DEPARTMENTAL PROGRAM REVIEW —— HOUSING PROGRAMS. 22 1. The department of economic development and the Iowa 23 finance authority shall conduct a joint review of programs 24 administered by the agencies that relate to housing, including 25 all such federal programs. The joint review of programs shall 26 include a review of all federal moneys received and spent on 27 housing programs. The agencies shall identify all programs 28 that are duplicative of another program and all programs that 29 have purposes similar to that of another program. 30 2. The agencies shall produce a report on how best to 31 transfer all responsibilities for housing-related programs from 32 the department of economic development to the Iowa finance 33 authority. 34 3. By September 1, 2010, the agencies shall submit a joint 35 -155- LSB 5073SV (48) 83 ec/rj 155/ 290
S.F. 2088 written report to the governor, the department of management, 1 and the general assembly consisting of the information required 2 under this section, a complete list of programs reviewed 3 pursuant to this section, and any other relevant information. 4 DIVISION XXI 5 AREA EDUCATION AGENCIES 6 Sec. 328. Section 8D.5, subsection 1, Code 2009, is amended 7 by striking the subsection. 8 Sec. 329. Section 8D.5, subsection 2, Code 2009, is amended 9 to read as follows: 10 2. a. A regional telecommunications council is established 11 in each of the merged areas established pursuant to chapter 12 260C consisting of nine members, including one member each 13 to be appointed by each of the appointing authorities under 14 subsection 1 following: the state board of regents, the 15 Iowa association of community college trustees, the area 16 education agency boards, the Iowa association of school 17 boards, the school administrators of Iowa, the Iowa association 18 of independent colleges and universities, the Iowa state 19 education association, the Iowa association of nonpublic 20 school administrators, and the administrator of the public 21 broadcasting division of the department of education . 22 Additional ex officio, nonvoting members may also be appointed 23 to the regional telecommunications councils by the director of 24 the department of education . 25 b. The regional telecommunications councils shall advise 26 the education telecommunications council on the assessment 27 of assess local educational needs , and the coordination 28 of coordinate program activities including scheduling , 29 and shall advise the department of administrative services 30 and the department of education regarding local education 31 needs and program activities. The councils shall establish 32 scheduling and site usage policies for educational users of 33 the network and develop proposed rules and changes to rules 34 for recommendation to the commission. The councils shall 35 -156- LSB 5073SV (48) 83 ec/rj 156/ 290
S.F. 2088 also recommend long-range plans for enhancements needed for 1 educational applications . 2 c. The community college located in the merged area of a 3 regional telecommunications council shall staff and facilitate 4 the activities of the council. The community college and 5 the council may enter into a chapter 28E agreement for such 6 arrangement. 7 Sec. 330. Section 8D.8, Code 2009, is amended to read as 8 follows: 9 8D.8 Scheduling for authorized users. 10 Except as provided in section 8D.5 , an An authorized user 11 is responsible for all scheduling of the use of the authorized 12 user’s facility. A person who disputes a scheduling decision 13 of such user may petition the commission for a review of such 14 decision pursuant to section 8D.3, subsection 3, paragraph “c” . 15 Sec. 331. Section 8D.13, subsection 8, Code 2009, is amended 16 to read as follows: 17 8. The education Each regional telecommunications 18 council shall review all requests for grants for educational 19 telecommunications applications from applicants within its 20 merged area , if they are a part of the Iowa communications 21 network, to ensure that the educational telecommunications 22 application is consistent with the telecommunications plan. 23 All other grant requests shall be reviewed as determined by 24 the commission. If the education regional telecommunications 25 council finds that a grant request is inconsistent with 26 the telecommunications plan, the grant request shall not be 27 allowed. 28 Sec. 332. Section 256.9, Code Supplement 2009, is amended by 29 adding the following new subsection: 30 NEW SUBSECTION . 59. Provide guidance and standards to area 31 education agencies for federal and state education initiatives 32 which the area education agencies must implement statewide. 33 Sec. 333. Section 273.8, subsection 1, Code Supplement 34 2009, is amended to read as follows: 35 -157- LSB 5073SV (48) 83 ec/rj 157/ 290
S.F. 2088 1. Board of directors. The board of directors of an area 1 education agency shall consist of not less than five nor more 2 than nine members, each a resident of and elected in the 3 manner provided in this section from a director district that 4 is approximately equal in population to the other director 5 districts in the area education agency. Each director shall 6 serve a four-year term which commences at the organization 7 meeting. 8 Sec. 334. Section 273.8, subsection 2, paragraphs b and c, 9 Code Supplement 2009, are amended to read as follows: 10 b. A candidate Candidates for election to the area education 11 agency board shall be nominated by the boards of directors of 12 the school districts located within the boundaries of the area 13 education agency. Each school district board shall file a 14 statement of candidacy for each candidate nominated with the 15 area education agency secretary not later than August 15 of 16 the odd-numbered year, on forms prescribed by the department 17 of education. The statement of candidacy shall include the 18 candidate’s name, address, and school district. The list of 19 candidates shall be sent by the secretary of the area education 20 agency in ballot form by certified mail to the presidents 21 of the boards of directors of all school districts within 22 the director district not later than September 1. In order 23 for the ballot to be counted, the ballot must be received in 24 the secretary’s office by the end of the normal business day 25 on September 30 or be clearly postmarked by an officially 26 authorized postal service not later than September 29 and 27 received by the secretary not later than noon on the first 28 Monday following September 30. 29 c. The board of each separate school district that is 30 located entirely or partially inside an area education agency 31 director district shall cast a vote for director of the area 32 education agency board based upon the ratio that the population 33 of the school district, or portion of the school district, in 34 the director district bears to the total population in the 35 -158- LSB 5073SV (48) 83 ec/rj 158/ 290
S.F. 2088 director district. The population of each school district or 1 portion shall be determined by the department of education. 2 The member of the area education agency board to be elected may 3 be a member of a local school district board of directors and 4 shall be an elector and a resident of the director district , 5 but shall not be a school district employee . The board of 6 directors of the area education agency shall be comprised of at 7 least one of each of the following: 8 (1) A superintendent. 9 (2) A principal. 10 (3) A teacher who does not hold a special education license 11 or endorsement. 12 (4) A special education teacher. 13 (5) A special education paraprofessional. 14 (6) A parent or guardian of a child requiring special 15 education who has an individualized education program and is 16 receiving special education services from an area education 17 agency. 18 Sec. 335. Section 273.8, subsection 3, Code Supplement 19 2009, is amended to read as follows: 20 3. Director district convention. If no candidate 21 files statement of candidacy is filed with the area education 22 agency secretary by the deadline specified in subsection 2, or 23 a vacancy occurs, or the statements of candidacy filed do not 24 meet the specifications of subsection 2, paragraph “c”, or if 25 otherwise required as provided in section 273.23, subsection 26 3, a director district convention, attended by members of the 27 boards of directors of the local school districts located 28 within the director district, shall be called to elect a 29 board member for that director district in accordance with 30 the intent of this section . The convention location shall 31 be determined by the area education agency administrator. 32 Notice of the time, date, and place of a director district 33 convention shall be published by the area education agency 34 administrator in at least one newspaper of general circulation 35 -159- LSB 5073SV (48) 83 ec/rj 159/ 290
S.F. 2088 in the director district at least thirty days prior to the 1 day of the convention. The cost of publication shall be 2 paid by the area education agency. A candidate for election 3 to the area education agency board shall file a statement 4 of candidacy with the area education agency secretary at 5 least ten days prior to the date of the director district 6 convention on forms prescribed by the department of education, 7 or nominations may be made at the convention by a delegate from 8 a board of directors of a school district located within the 9 director district. A statement of candidacy shall include the 10 candidate’s name, address, and school district. Delegates to 11 director district conventions shall not be bound by a school 12 board or any school board member to pledge their votes to any 13 candidate prior to the date of the convention. 14 Sec. 336. Section 273.10, subsection 2, Code Supplement 15 2009, is amended to read as follows: 16 2. Prior to a visit to an area education agency, the 17 accreditation team shall have access to that area education 18 agency’s program audit report filed with the department. After 19 a visit to an area education agency, the accreditation team 20 shall determine whether the accreditation standards for a 21 program , including but not limited to standards established 22 pursuant to section 256.9, subsection 59, have been met and 23 shall make a report to the director and the state board, 24 together with a recommendation as to whether the programs of 25 the area education agency should receive initial accreditation 26 or remain accredited. The accreditation team shall report 27 strengths and weaknesses, if any, for each accreditation 28 standard and shall advise the area education agency of 29 available resources and technical assistance to further enhance 30 the strengths and improve areas of weakness. An area education 31 agency may respond to the accreditation team’s report. 32 Sec. 337. Section 273.23, subsection 1, Code 2009, is 33 amended to read as follows: 34 1. A petition filed under section 273.21 shall state 35 -160- LSB 5073SV (48) 83 ec/rj 160/ 290
S.F. 2088 the number of directors on the initial board which shall be 1 either seven or not less than nine directors. The petition 2 shall specify the number of directors to be retained from 3 each area, and those numbers shall be proportionate to the 4 populations of the agencies. If the proportionate balance of 5 directors among the affected agencies specified in the plan 6 is affected by school districts petitioning to be excluded 7 from the reorganization, or if the proposal specified in the 8 plan does not comply with the requirement for proportionate 9 representation, the state board shall modify the proposal. 10 However, all area education agencies affected shall retain at 11 least one member. 12 Sec. 338. Section 280.20, subsection 3, Code 2009, is 13 amended by striking the subsection. 14 Sec. 339. REPEAL. Chapters 261D and 280A, Code and Code 15 Supplement 2009, are repealed. 16 Sec. 340. REPEAL. Section 256.32, Code 2009, is repealed. 17 Sec. 341. DEPARTMENT OF EDUCATION STUDY OF AREA EDUCATION 18 AGENCY FUNDING AND SERVICES. The department of education shall 19 conduct a study of the current area education agency funding 20 system and develop alternative proposals for funding the area 21 education agency system, including but not limited to proposals 22 for a line item appropriation and funding that does not rely 23 on per pupil allocations based on school district enrollments, 24 and for a change in the process by which state and property 25 tax-generated funds flow to the area education agencies. The 26 department shall submit its findings and recommendations in a 27 report to the general assembly by December 15, 2010. 28 Sec. 342. DEPARTMENT OF EDUCATION STUDY OF AREA EDUCATION 29 AGENCY STANDARDS FOR SERVICES. The department of education 30 shall conduct a study of current and potential area education 31 agency standards of services and shall develop potential 32 standards of performance aligned with the standards of 33 services which shall be a component of the area education 34 agency accreditation process. The department shall submit 35 -161- LSB 5073SV (48) 83 ec/rj 161/ 290
S.F. 2088 its findings and recommendations in a report to the general 1 assembly and the governor by October 1, 2010. 2 DIVISION XXII 3 EARLY CHILDHOOD IOWA INITIATIVE 4 Sec. 343. NEW SECTION . 256I.1 Definitions. 5 For the purposes of this chapter, unless the context 6 otherwise requires: 7 1. “Department” means the department of education. 8 2. “Desired results” means the set of desired results for 9 improving the quality of life in this state for young children 10 and their families identified in section 256I.2. 11 3. “Early care” , “early care services” , or “early care 12 system” means the programs, services, support, or other 13 assistance made available to a parent or other person who is 14 involved with addressing the health and education needs of a 15 child from zero through age five. “Early care” , “early care 16 services” , or “early care system” includes but is not limited to 17 public and private efforts and formal and informal settings. 18 4. “Early childhood Iowa area” means a geographic area 19 designated in accordance with this chapter. 20 5. “Early childhood Iowa area board” or “area board” 21 means the board for an early childhood Iowa area created in 22 accordance with this chapter. 23 6. “Early childhood Iowa state board” or “state board” means 24 the early childhood Iowa state board created in section 256I.3. 25 Sec. 344. NEW SECTION . 256I.2 Desired results —— purpose 26 and scope. 27 1. It is intended that through the early childhood Iowa 28 initiative every community in Iowa will develop the capacity 29 and commitment for using local, informed decision making to 30 achieve the following set of desired results for improving the 31 quality of life in this state for young children and their 32 families: 33 a. Healthy children. 34 b. Children ready to succeed in school. 35 -162- LSB 5073SV (48) 83 ec/rj 162/ 290
S.F. 2088 c. Safe and supportive communities. 1 d. Secure and nurturing families. 2 e. Secure and nurturing early learning environments. 3 2. The purpose of creating the early childhood Iowa 4 initiative is to empower individuals, communities, and state 5 level partners to achieve the desired results. The desired 6 results will be achieved as private and public entities work 7 collaboratively. This initiative creates a partnership between 8 communities and state level partners to support children zero 9 through age five and their families. The role of the early 10 childhood Iowa state board, area boards, and other state and 11 local government agencies is to provide support, leadership, 12 and facilitation of the growth of individual, community, and 13 state responsibility in addressing the desired results. 14 3. To achieve the desired results, the initiative’s primary 15 focus shall be on the efforts of the state and communities to 16 work together to improve the efficiency and effectiveness of 17 early care, education, health, and human services provided to 18 families with children from zero through age five. 19 Sec. 345. NEW SECTION . 256I.3 Early childhood Iowa state 20 board created. 21 1. The early childhood Iowa state board is created to 22 promote a vision for a comprehensive early care, education, 23 health, and human services system in this state. The board 24 shall oversee state and local efforts. The vision shall be 25 achieved through strategic planning, funding identification, 26 guidance, and decision-making authority to assure collaboration 27 among state and local early care, education, health, and human 28 services systems. 29 2. a. The board shall consist of nine voting members with 30 three citizen members and six state agency members. A citizen 31 member shall not be an elected official, public employee, or 32 paid staff member of an agency receiving funding through the 33 early childhood Iowa initiative. The six state agency members 34 shall be the directors or their designee of the following 35 -163- LSB 5073SV (48) 83 ec/rj 163/ 290
S.F. 2088 departments: economic development, education, human rights, 1 human services, public health, and workforce development. The 2 designees of state agency directors shall be selected on an 3 annual basis. The citizen members shall be appointed by the 4 governor, subject to confirmation by the senate. 5 b. The governor’s citizen member appointees shall be 6 selected from individuals nominated by early childhood Iowa 7 area boards. The term of office of the citizen members is 8 three years. A citizen member vacancy on the board shall be 9 filled in the same manner as the original appointment for the 10 balance of the unexpired term. 11 3. Citizen members shall be reimbursed for actual and 12 necessary expenses incurred in performance of their duties. 13 Citizen members shall be paid a per diem as specified in 14 section 7E.6. 15 4. In addition to the voting members, the state board shall 16 include four members of the general assembly with not more than 17 one member from each chamber being from the same political 18 party. The two senators shall be appointed one each by the 19 majority leader of the senate and by the minority leader of 20 the senate. The two representatives shall be appointed one 21 each by the speaker of the house of representatives and by the 22 minority leader of the house of representatives. Legislative 23 members shall serve in an ex officio, nonvoting capacity. A 24 legislative member is eligible for per diem and expenses as 25 provided in section 2.10. 26 5. The governor shall select a chairperson from the state 27 board’s voting members. The state board may select other 28 officers from the voting members as determined to be necessary 29 by the board. The board shall meet regularly as determined by 30 the board, upon the call of the board’s chairperson, or upon 31 the call of a majority of voting members. The board shall meet 32 at least quarterly. 33 Sec. 346. NEW SECTION . 256I.4 Early childhood Iowa state 34 board duties. 35 -164- LSB 5073SV (48) 83 ec/rj 164/ 290
S.F. 2088 The state board shall perform the following duties: 1 1. Provide oversight of early childhood Iowa areas. 2 2. Manage and coordinate the provision of grant funding and 3 other moneys made available to early childhood Iowa areas by 4 combining all or portions of appropriations or other revenues 5 as authorized by law. 6 3. Approve the geographic boundaries for the early 7 childhood Iowa areas throughout the state and approve any 8 proposed changes in the boundaries. 9 4. Create a strategic plan that supports a comprehensive 10 system of early care, education, health, and human services. 11 The strategic plan shall be annually updated and disseminated 12 to the public. Specific items to be addressed in the strategic 13 plan shall include but are not limited to all of the following: 14 a. Provisions to strengthen the state structure including 15 interagency levels of collaboration, coordination, and 16 integration. 17 b. Provisions for building public-private partnerships. 18 c. Provisions to support consolidating, blending, and 19 redistributing state-administered funding streams and the 20 coordination of federal funding streams. The strategic plan 21 shall also address integration of services provided through 22 area boards, other state and local commissions, committees, 23 and other bodies with overlapping and similar purposes which 24 contribute to redundancy and fragmentation in early care, 25 education, health, and human services programs provided to the 26 public. 27 d. Provisions for improving the efficiency of working with 28 federally mandated bodies. 29 e. Identification of indicators that measure the success of 30 the various strategies that impact communities, families, and 31 children. The indicators shall be developed with input from 32 area boards. 33 5. Adopt common performance measures and data for services, 34 programs, and activities provided by area boards. Data from 35 -165- LSB 5073SV (48) 83 ec/rj 165/ 290
S.F. 2088 common performance measures shall be included in the state 1 board’s annual report. 2 6. Develop and implement a levels of excellence rating 3 system for use with the state board’s designation process for 4 area boards. Allow for flexibility and creativity of area 5 boards in implementing area board responsibilities and provide 6 authority for the area boards to support the communities in the 7 areas served. The levels of excellence rating system shall 8 utilize a tiered approach for recognizing the performance of 9 an area board. The system shall provide for action to address 10 poor performing areas as well as higher performing areas. If 11 an area board achieves the highest rating level, the state 12 board shall allow special flexibility provisions in regard to 13 the funding appropriated or allocated for that area board. The 14 state board may determine how often area boards are reviewed 15 under the system. 16 7. Adopt rules pursuant to chapter 17A as necessary for the 17 designation, governance, and oversight of area boards and the 18 administration of this chapter. The state board shall provide 19 for area board input in the rules adoption process. 20 8. Develop guidelines for recommended insurance or other 21 liability coverage and take other actions to assist area boards 22 in acquiring such coverage at a reasonable cost. Moneys 23 expended by an area board to acquire necessary insurance or 24 other liability coverage shall be considered an administrative 25 cost. 26 9. In January each year, submit an annual report to the 27 governor and general assembly that includes but is not limited 28 to all of the following: 29 a. Any updates to the strategic plan. 30 b. The status and results of the early childhood Iowa 31 initiative efforts to engage the public regarding the early 32 care, education, health, human services, and other needs of 33 children zero through age five. 34 c. The status and results of the efforts to develop and 35 -166- LSB 5073SV (48) 83 ec/rj 166/ 290
S.F. 2088 promote private sector involvement with the early care system. 1 d. The status of the early childhood Iowa initiative and 2 the overall early care system in achieving the set of desired 3 results. 4 e. The data and common performance measures addressed by 5 the strategic plan, which shall include but is not limited to 6 funding amounts. 7 f. The indicators addressed by the strategic plan along with 8 associated data trends and their source. 9 10. Integrate statewide quality standards and results 10 indicators adopted by other boards and commissions into the 11 state board’s funding requirements for investments in early 12 care, health, education, and human services. 13 11. Ensure alignment of other state departments’ activities 14 with the strategic plan. 15 12. Develop and keep current memoranda of agreements 16 between the state agencies represented on the state board to 17 promote system development and integration and to clarify the 18 roles and responsibilities of partner agencies. 19 13. Work with the early childhood coordination center 20 in building public-private partnerships for promoting the 21 collaborative early care, education, health, and human services 22 system. 23 14. Support and align the early childhood Iowa internet site 24 with other agencies and improve internet communication. 25 Sec. 347. NEW SECTION . 256I.5 Early childhood coordination 26 center. 27 1. The department is the lead agency for implementation 28 of the early childhood Iowa initiative and for support of 29 the state board and the comprehensive early care, education, 30 health, and human services system. 31 2. a. The early childhood coordination center is 32 established as a work unit of the department to provide a 33 center for facilitation, communication, and coordination for 34 early childhood Iowa activities and funding and for improvement 35 -167- LSB 5073SV (48) 83 ec/rj 167/ 290
S.F. 2088 of the individual early care, education, health, and human 1 services systems and the comprehensive system. 2 b. Staffing for the center shall be provided by a project 3 director, a deputy, a family support coordinator, and a first 4 years first coordinator. Dedicated fiscal staff and support 5 staff may be designated, subject to an appropriation made for 6 this purpose. The center shall submit reports to the governor, 7 state board, and the general assembly. The project director 8 shall provide primary staffing to the board, coordinate state 9 technical assistance activities and implementation of the 10 technical assistance system, and oversee other communication 11 and coordination functions. 12 3. The director of the department of education may 13 designate additional staff, as part of the early childhood Iowa 14 initiative, to work with the center in providing coordination 15 and other support to the state’s comprehensive early care, 16 education, health, and human services system. 17 4. The director of the department shall establish a 18 technical assistance team to work with the center. The team 19 shall consist of staff from the state agencies represented on 20 the state board. 21 5. The center shall work with the state and area boards to 22 provide leadership for comprehensive system development. The 23 center shall also do all of the following: 24 a. Enter into memoranda of agreement with the departments of 25 economic development, education, human rights, human services, 26 public health, and workforce development to formalize the 27 respective departments’ commitments to collaborating with and 28 integrating a comprehensive early care, education, health, 29 and human services system. Items addressed in the memoranda 30 shall include but are not limited to data sharing and providing 31 staffing to the technical assistance team. 32 b. Work with private businesses, foundations, and nonprofit 33 organizations to develop sustained funding. 34 c. Maintain the internet site in accordance with section 35 -168- LSB 5073SV (48) 83 ec/rj 168/ 290
S.F. 2088 256I.10. 1 d. Propose any needed revisions to administrative rules 2 based on stakeholder input. 3 e. Provide technical support to the state and area boards 4 and to the early childhood Iowa areas through staffing services 5 made available through the state agencies that serve on the 6 state board. 7 f. Develop, collect, disseminate, and provide guidance for 8 common performance measures for the programs receiving funding 9 under the auspices of the area boards. 10 g. If a disagreement arises within an early childhood Iowa 11 area regarding the interests represented on the area’s board, 12 board decisions, or other disputes that cannot be locally 13 resolved, upon request, provide state or regional technical 14 assistance as deemed appropriate by the center to assist the 15 area in resolving the disagreement. 16 Sec. 348. NEW SECTION . 256I.6 Early childhood Iowa areas. 17 1. The purpose of an early childhood Iowa area is to enable 18 local citizens to lead collaborative efforts involving early 19 care, education, health, and human services on behalf of 20 the children, families, and other citizens residing in the 21 area. Leadership functions may include but are not limited 22 to strategic planning for and oversight and managing of such 23 programs and the funding made available to the early childhood 24 Iowa area for such programs from federal, state, local, and 25 private sources. The focus of the area shall be to achieve the 26 desired results and to improve other results for families with 27 young children. 28 2. An early childhood Iowa area shall be designated by using 29 existing county boundaries to the extent possible. 30 3. The designation of an early childhood Iowa area 31 boundaries and the creation of an area board are both subject 32 to the approval of the state board. The state board shall 33 determine if a proposed area board can efficiently and 34 effectively administer the responsibilities and authority of 35 -169- LSB 5073SV (48) 83 ec/rj 169/ 290
S.F. 2088 the area to be served. The state board may apply additional 1 criteria for designating areas and approving area boards, but 2 shall apply all of the following minimum criteria: 3 a. An area cannot encompass more than four counties. 4 b. The counties encompassing a multicounty area must have 5 contiguous borders. 6 c. A single county area shall have a minimum population 7 of children zero through age five in excess of five thousand, 8 based on the most recent population estimates issued by the 9 United States bureau of the census. 10 4. If the state board determines exceptional circumstances 11 exist, the state board may waive any of the criteria otherwise 12 specified in subsection 3. 13 Sec. 349. NEW SECTION . 256I.7 Early childhood Iowa area 14 boards created. 15 1. a. The early childhood Iowa functions for an area 16 shall be performed under the authority of an early childhood 17 Iowa area board. The membership of an area board shall 18 consist of elected officials in the area and citizen members 19 who reside in the area. A citizen member shall not be an 20 employee of or otherwise represent education, health, or 21 human services agencies or be a paid staff member of an 22 agency receiving funding through the early childhood Iowa 23 initiative. In addition, the membership of an area board shall 24 include representation from education, health, human services, 25 business, and faith interests, and at least one parent, 26 grandparent, or guardian of a child from zero through age five. 27 The education, health, and human services agencies represented 28 on an area board may receive funding from the area board. 29 b. Terms of office of area board members shall be not more 30 than three years and the terms shall be staggered. 31 2. An area board may designate an advisory council 32 consisting of persons employed by or otherwise paid to 33 represent an entity listed in subsection 1 or other provider 34 of service. 35 -170- LSB 5073SV (48) 83 ec/rj 170/ 290
S.F. 2088 3. An area board shall elect a chairperson from among the 1 members who are citizens or elected officials. 2 4. An area board is a unit of local government for purposes 3 of chapter 670, relating to tort liability of governmental 4 subdivisions. For purposes of implementing a formal 5 organizational structure, an area board may utilize recommended 6 guidelines and bylaws established for this purpose by the state 7 board. 8 5. All meetings of an area board or any committee or other 9 body established by an area board at which public business 10 is discussed or formal action taken shall comply with the 11 requirements of chapter 21. An area board shall maintain its 12 records in accordance with chapter 22. 13 Sec. 350. NEW SECTION . 256I.8 Early childhood Iowa area 14 board duties. 15 1. An early childhood Iowa area board shall do all of the 16 following: 17 a. Designate a public agency of this state, as defined in 18 section 28E.2, a community action agency as defined in section 19 216A.91, an area education agency established under section 20 273.2, or a nonprofit corporation, to be the fiscal agent for 21 grant moneys or for other moneys administered by the area 22 board. 23 b. Administer early childhood Iowa grant moneys available 24 from the state to the area board as provided by law and other 25 federal, state, local, and private moneys made available to 26 the area board. Eligibility for receipt of early childhood 27 Iowa grant moneys shall be limited to those early childhood 28 area boards that have developed an approved community plan in 29 accordance with this chapter. An early childhood area board 30 may apply to the state board for any private moneys received 31 by the early childhood Iowa initiative outside of a state 32 appropriation. 33 c. Develop a comprehensive community plan for providing 34 services for children from zero through age five. At a 35 -171- LSB 5073SV (48) 83 ec/rj 171/ 290
S.F. 2088 minimum, the plan shall do all of the following: 1 (1) Describe community and area needs for children from zero 2 through age five as identified through ongoing assessments. 3 (2) Describe the current and desired levels of community 4 and area coordination of services for children from zero 5 through age five, including the involvement and specific 6 responsibilities of all related organizations and entities. 7 (3) Identify all federal, state, local, and private funding 8 sources including funding estimates available in the early 9 childhood Iowa area that will be used to provide services to 10 children from zero through age five. 11 (4) Describe how funding sources will be used 12 collaboratively and the degree to which the sources can be 13 combined to provide necessary services to young children and 14 their families. 15 (5) Identify the desired results and the community-wide 16 indicators the area board expects to address through 17 implementation of the comprehensive community plan. The plan 18 shall identify community-specific, quantifiable performance 19 measures to be reported in the area board’s annual report and 20 integration with the strategic plan adopted by the state board. 21 (6) Describe the current status of support services to 22 prevent the spread of infectious diseases, prevent child 23 injuries, develop health emergency protocols, help with 24 medication, and care for children with special health needs 25 that are being provided to child care facilities registered or 26 licensed under chapter 237A within the early childhood Iowa 27 area. 28 d. Submit an annual report on the effectiveness of the 29 community plan in addressing school readiness and children’s 30 health and safety needs to the state board and to the local 31 government bodies in the area. The annual report shall 32 indicate the effectiveness of the area board in addressing 33 state and locally determined goals. 34 e. Function as a coordinating body for services offered 35 -172- LSB 5073SV (48) 83 ec/rj 172/ 290
S.F. 2088 by different entities directed to similar purposes within the 1 area. 2 f. Assume other responsibilities established by law or 3 administrative rule. 4 2. An area board may do any of the following: 5 a. Designate one or more committees to assist with area 6 board functions. 7 b. Utilize community bodies for input to the area board and 8 implementation of services. 9 Sec. 351. NEW SECTION . 256I.9 School ready children grant 10 program. 11 1. The state board shall develop and promote a school ready 12 children grant program which shall provide for all of the 13 following components: 14 a. Identify the performance measures that will be used to 15 assess the effectiveness of the school ready children grants. 16 b. Identify guidelines and a process to be used for 17 determining the readiness of an early childhood Iowa area board 18 for administering a school ready children grant. 19 c. Provide for technical assistance concerning funding 20 sources, program design, and other pertinent areas. 21 2. The state board shall provide maximum flexibility to 22 grantees for the use of the grant moneys included in a school 23 ready children grant. 24 3. A school ready children grant shall, to the extent 25 possible, be used to support programs that meet quality 26 standards identified by the state board. At a minimum, a grant 27 shall be used to provide all of the following: 28 a. Preschool services provided on a voluntary basis to 29 children deemed at risk. 30 b. Family support services and parent education programs 31 promoted to parents of children from zero through age five. 32 Family support services shall include but are not limited to 33 home visitation. 34 c. Other services to support the strategic plan developed 35 -173- LSB 5073SV (48) 83 ec/rj 173/ 290
S.F. 2088 by the state board. 1 4. a. A school ready children grant shall be awarded to 2 an area board annually, as funding is available. Receipt of 3 continued funding is subject to submission of the required 4 annual report and the state board’s determination that the area 5 board is measuring, through the use of performance measures and 6 community-wide indicators developed by the state board with 7 input from area boards, progress toward and is achieving the 8 desired results and other results identified in the community 9 plan. Each area board shall participate in the levels of 10 excellence rating system to measure the area’s success. If the 11 use of performance measures and community-wide indicators does 12 not show that an area board has made progress toward achieving 13 the results identified in the community plan, the state board 14 may request a plan of corrective action, withhold any increase 15 in funding, or withdraw grant funding. 16 b. The state board shall distribute school ready children 17 grant moneys to area boards with approved comprehensive 18 community plans based upon a determination of an early 19 childhood Iowa area’s readiness to effectively utilize the 20 grant moneys. The grant moneys shall be adjusted for other 21 federal and state grant moneys to be received by the area for 22 services to children from zero through age five. 23 c. An area board’s readiness shall be determined by 24 evidence of successful collaboration among public and private 25 early care, education, health, and human services interests 26 in the area or a documented program design that supports a 27 strong likelihood of a successful collaboration between these 28 interests. Other criteria which may be used by the state board 29 to determine readiness and evaluate the funding flexibility for 30 an area include one or more of the following: 31 (1) The levels of excellence rating received by the area. 32 (2) Experience or other evidence of the area’s capacity to 33 successfully implement the services in the area’s community 34 plan. 35 -174- LSB 5073SV (48) 83 ec/rj 174/ 290
S.F. 2088 (3) Local public and private funding and other resources 1 committed to implementation of the community plan. 2 (4) The adequacy of plans for commitment of local funding 3 and other resources for implementation of the community plan. 4 d. The provisions for distribution of school ready children 5 grant moneys shall be determined by the state board. 6 e. The amount of school ready children grant funding an area 7 board may carry forward from one fiscal year to the succeeding 8 fiscal year shall not exceed twenty percent of the grant amount 9 for the fiscal year. All of the school ready children grant 10 funds received by an area board for a fiscal year which remain 11 unencumbered or unobligated at the close of a fiscal year shall 12 be carried forward to the succeeding fiscal year. However, the 13 grant amount for the succeeding fiscal year shall be reduced 14 by the amount in excess of twenty percent of the grant amount 15 received for the fiscal year. 16 Sec. 352. NEW SECTION . 256I.10 Early childhood Iowa 17 internet site. 18 1. The department shall provide for the operation of an 19 internet site for purposes of widely distributing information 20 regarding early care, education, health, and human services and 21 other information provided by the departments represented on 22 the state board and the public and private agencies addressing 23 the comprehensive system for such services. 24 2. Information provided on the internet site shall include 25 but is not limited to all of the following: 26 a. Information about the early childhood Iowa initiative for 27 state and local use. 28 b. A link to a special internet site directed to parents, 29 including parent-specific information on early care, education, 30 health, and human services and links to other resources 31 available on the internet and from other sources. 32 c. Program standards for early care, education, health, and 33 human services that have been approved by state agencies. 34 3. The department shall provide to the state board 35 -175- LSB 5073SV (48) 83 ec/rj 175/ 290
S.F. 2088 information regarding the extent and frequency of usage of the 1 internet site or sites and this information shall be included 2 in the board’s annual report to the governor and general 3 assembly. 4 Sec. 353. NEW SECTION . 256I.11 Early childhood Iowa fund. 5 1. An early childhood Iowa fund is created in the state 6 treasury. The moneys credited to the fund are not subject to 7 section 8.33 and moneys in the fund shall not be transferred, 8 used, obligated, appropriated, or otherwise encumbered except 9 as provided by law. Notwithstanding section 12C.7, subsection 10 2, interest or earnings on moneys deposited in the fund shall 11 be credited to the fund. 12 2. A school ready children grants account is created in the 13 fund under the authority of the director of the department of 14 education. Moneys credited to the account shall be distributed 15 by the department in the form of grants to early childhood Iowa 16 areas pursuant to criteria established by the state board in 17 accordance with law. 18 3. Unless a different amount is authorized by law, up 19 to five percent of the school ready children grant moneys 20 distributed to an area board may be used by the area board for 21 administrative costs. 22 4. a. An early childhood programs grants account is 23 created in the fund under the authority of the director of 24 the department of education. Moneys credited to the account 25 under the auspices of the department of human services are 26 appropriated to and shall be distributed by the department 27 of education in the form of grants to early childhood Iowa 28 areas pursuant to criteria established by the state board in 29 accordance with law. The criteria shall include but are not 30 limited to a requirement that an early childhood Iowa area must 31 be designated by the state board in order to be eligible to 32 receive an early childhood programs grant. 33 b. The maximum funding amount an early childhood Iowa area 34 is eligible to receive from the early childhood programs grant 35 -176- LSB 5073SV (48) 83 ec/rj 176/ 290
S.F. 2088 account for a fiscal year shall be determined by applying 1 the area’s percentage of the state’s average monthly family 2 investment program population in the preceding fiscal year to 3 the total amount credited to the account for the fiscal year. 4 c. An early childhood Iowa area receiving funding from 5 the early childhood programs grant account shall comply with 6 any federal reporting requirements associated with the use 7 of that funding and other results and reporting requirements 8 established by the state board. The early childhood 9 coordination center shall provide technical assistance 10 in identifying and meeting the federal requirements. The 11 availability of funding provided from the account is subject to 12 changes in federal requirements and amendments to Iowa law. 13 d. The moneys distributed from the early childhood programs 14 grant account shall be used by early childhood Iowa areas 15 for the purposes of enhancing quality child care capacity in 16 support of parent capability to obtain or retain employment. 17 The moneys shall be used with a primary emphasis on low-income 18 families and children from zero to age five. Moneys shall be 19 provided in a flexible manner and shall be used to implement 20 strategies identified by the early childhood Iowa area to 21 achieve such purposes. The department of education may use a 22 portion of the funding appropriated to the department under 23 this subsection for provision of technical assistance and 24 other support to the early childhood Iowa areas developing and 25 implementing strategies with grant moneys distributed from the 26 account. 27 e. Moneys from a federal block grant that are credited 28 to the early childhood programs grant account but are not 29 distributed to an early childhood Iowa area or otherwise remain 30 unobligated or unexpended at the end of the fiscal year shall 31 revert to the fund created in section 8.41 to be available for 32 appropriation by the general assembly in a subsequent fiscal 33 year. 34 5. A first years first account is created in the fund under 35 -177- LSB 5073SV (48) 83 ec/rj 177/ 290
S.F. 2088 the authority of the department of education. The account 1 shall consist of gift or grant moneys obtained from any source, 2 including but not limited to the federal government. Moneys 3 credited to the account are appropriated to the department to 4 be used for the early childhood-related purposes for which the 5 moneys were received. 6 Sec. 354. Section 135.106, subsection 3, Code 2009, is 7 amended to read as follows: 8 3. It is the intent of the general assembly to provide 9 communities with the discretion and authority to redesign 10 existing local programs and services targeted at and assisting 11 families expecting babies and families with children who 12 are newborn through five years of age. The Iowa department 13 of public health, department of human services, department 14 of education, and other state agencies and programs, as 15 appropriate, shall provide technical assistance and support 16 to communities desiring to redesign their local programs and 17 shall facilitate the consolidation of existing state funding 18 appropriated and made available to the community for family 19 support services. Funds which are consolidated in accordance 20 with this subsection shall be used to support the redesigned 21 service delivery system. In redesigning services, communities 22 are encouraged to implement a single uniform family risk 23 assessment mechanism and shall demonstrate the potential for 24 improved outcomes for children and families. Requests by local 25 communities for the redesigning of services shall be submitted 26 to the Iowa department of public health, department of human 27 services, and department of education, and are subject to the 28 approval of the early childhood Iowa empowerment state board 29 in consultation with the departments, based on the practices 30 utilized with community empowerment early childhood Iowa areas 31 under chapter 28 256I . 32 Sec. 355. Section 135.119, subsection 2, paragraph d, Code 33 Supplement 2009, is amended to read as follows: 34 d. The program plan shall incorporate a multiyear, 35 -178- LSB 5073SV (48) 83 ec/rj 178/ 290
S.F. 2088 collaborative approach for implementation of the plan. The 1 plan shall address how to involve those who regularly work 2 with parents and persons responsible for the care of a 3 child, including but not limited to child abuse prevention 4 programs, child care resource and referral programs, child 5 care providers, family support programs, programs receiving 6 funding through the community empowerment early childhood 7 Iowa initiative, public and private schools, health care 8 providers, local health departments, birth centers, and 9 birthing hospitals. 10 Sec. 356. Section 135.159, subsection 3, paragraph i, Code 11 Supplement 2009, is amended to read as follows: 12 i. For children, coordinate with and integrate guidelines, 13 data, and information from existing newborn and child health 14 programs and entities, including but not limited to the healthy 15 opportunities for parents to experience success healthy 16 families Iowa program, the community empowerment program early 17 childhood Iowa initiative , the center for congenital and 18 inherited disorders screening and health care programs, 19 standards of care for pediatric health guidelines, the office 20 of multicultural health established in section 135.12, the oral 21 health bureau established in section 135.15, and other similar 22 programs and services. 23 Sec. 357. Section 142A.4, subsection 8, Code Supplement 24 2009, is amended to read as follows: 25 8. Assist with the linkage of the initiative with child 26 welfare and juvenile justice decategorization projects, 27 education programming, community empowerment early childhood 28 Iowa areas, and other programs and services directed to youth 29 at the state and community level. 30 Sec. 358. Section 142A.8, subsection 2, Code 2009, is 31 amended to read as follows: 32 2. A community partnership area shall encompass a 33 county or multicounty area, school district or multischool 34 district area, economic development enterprise zone that 35 -179- LSB 5073SV (48) 83 ec/rj 179/ 290
S.F. 2088 meets the requirements of an urban or rural enterprise 1 community under Title Tit. XIII of the federal Omnibus Budget 2 Reconciliation Act of 1993, or community empowerment early 3 childhood Iowa area, in accordance with criteria adopted by 4 the commission for appropriate population levels and size of 5 geographic areas. 6 Sec. 359. Section 216A.140, subsection 5, paragraph j, Code 7 Supplement 2009, is amended to read as follows: 8 j. Office of community empowerment in the department 9 of management Early childhood coordination center in the 10 department of education . 11 Sec. 360. Section 217.42, subsection 1, Code 2009, is 12 amended to read as follows: 13 1. The organizational structure to deliver the department’s 14 field services shall be based upon service areas. The service 15 areas shall serve as a basis for providing field services to 16 persons residing in the counties comprising the service area. 17 The service areas shall be those designated by the department 18 effective January 1, 2002. In determining the service areas, 19 the department shall consider other geographic service areas 20 including but not limited to judicial districts and community 21 empowerment early childhood Iowa areas. The department shall 22 consult with the county boards of supervisors in a service 23 area with respect to the selection of the service area manager 24 responsible for the service area who is initially selected for 25 the service area designated effective January 1, 2002, and any 26 service area manager selected for the service area thereafter. 27 Following establishment of the service areas effective January 28 1, 2002, if a county seeks to change the boundaries of a 29 service area, the change shall only take place if the change is 30 mutually agreeable to the department and all affected counties. 31 If it is necessary for the department to significantly modify 32 its field operations or the composition of a designated service 33 area, or if it is necessary for the department to change the 34 number of offices operating less than full-time, the department 35 -180- LSB 5073SV (48) 83 ec/rj 180/ 290
S.F. 2088 shall consult with the affected counties prior to implementing 1 such action. 2 Sec. 361. Section 232.188, subsection 4, paragraph c, Code 3 2009, is amended to read as follows: 4 c. A decategorization governance board shall coordinate 5 the project’s planning and budgeting activities with the 6 departmental service area manager for the county or counties 7 comprising the project area and the community empowerment early 8 childhood Iowa area board or boards for the community 9 empowerment early childhood Iowa area or areas within which the 10 decategorization project is located. 11 Sec. 362. Section 237A.21, subsection 3, paragraph n, Code 12 Supplement 2009, is amended to read as follows: 13 n. One designee of the community empowerment office of the 14 department of management early childhood coordination center 15 in the department of education . 16 Sec. 363. Section 237A.21, subsection 3, paragraph q, Code 17 Supplement 2009, is amended to read as follows: 18 q. One person who represents the early childhood Iowa 19 council state board created in section 135.173 256I.3 . 20 Sec. 364. Section 237A.22, subsection 1, paragraph j, Code 21 Supplement 2009, is amended to read as follows: 22 j. Advise and assist the early childhood Iowa council state 23 board in developing the strategic plan required pursuant to 24 section 135.173 256I.4 . 25 Sec. 365. Section 237A.26, subsection 8, Code 2009, is 26 amended to read as follows: 27 8. For purposes of improving the quality and consistency 28 of data collection, consultation, and other support to child 29 care home and child development home providers, a resource and 30 referral services agency grantee shall coordinate and assist 31 with publicly and privately funded efforts administered at 32 the community level to provide the support. The support and 33 efforts addressed by a grantee may include but are not limited 34 to community-funded child care home and child development home 35 -181- LSB 5073SV (48) 83 ec/rj 181/ 290
S.F. 2088 consultants. Community members involved with the assistance 1 may include but are not limited to the efforts of a community 2 empowerment an early childhood Iowa area board under chapter 3 28 256I , and of community representatives of education, health, 4 human services, business, faith, and public interests. 5 Sec. 366. Section 237A.30, subsection 1, Code 2009, is 6 amended to read as follows: 7 1. The department shall work with the community empowerment 8 office of the department of management early childhood 9 coordination center in the department of education established 10 in section 28.3 256I.5 and the state child care advisory 11 council in designing and implementing a voluntary quality 12 rating system for each provider type of child care facility. 13 Sec. 367. Section 256C.3, subsection 3, paragraph e, Code 14 2009, is amended to read as follows: 15 e. Collaboration with participating families, early care 16 providers, and community partners including but not limited to 17 community empowerment early childhood Iowa area boards, head 18 start programs, shared visions and other programs provided 19 under the auspices of the child development coordinating 20 council, licensed child care centers, registered child 21 development homes, area education agencies, child care resource 22 and referral services provided under section 237A.26, early 23 childhood special education programs, services funded by 24 Title Tit. I of the federal Elementary and Secondary Education 25 Act of 1965, and family support programs. 26 Sec. 368. Section 256C.3, subsection 4, paragraph a, Code 27 2009, is amended to read as follows: 28 a. Methods of demonstrating community readiness to 29 implement high-quality instruction in a local program 30 shall be identified. The potential provider shall submit 31 a collaborative program proposal that demonstrates the 32 involvement of multiple community stakeholders including 33 but not limited to, and only as applicable, parents, the 34 school district, accredited nonpublic schools and faith-based 35 -182- LSB 5073SV (48) 83 ec/rj 182/ 290
S.F. 2088 representatives, the area education agency, the community 1 empowerment early childhood Iowa area board, representatives 2 of business, head start programs, shared visions and other 3 programs provided under the auspices of the child development 4 coordinating council, center-based and home-based providers 5 of child care services, human services, public health, and 6 economic development programs. The methods may include but are 7 not limited to a school district providing evidence of a public 8 hearing on the proposed programming and written documentation 9 of collaboration agreements between the school district, 10 existing community providers, and other community stakeholders 11 addressing operational procedures and other critical measures. 12 Sec. 369. Section 256C.4, subsection 2, paragraph b, Code 13 2009, is amended to read as follows: 14 b. The enrollment count of eligible students shall not 15 include a child who is included in the enrollment count 16 determined under section 257.6 or a child who is served by 17 a program already receiving state or federal funds for the 18 purpose of the provision of four-year-old preschool programming 19 while the child is being served by the program. Such preschool 20 programming includes but is not limited to child development 21 assistance programs provided under chapter 256A, special 22 education programs provided under section 256B.9, school ready 23 children grant programs and other programs provided under 24 chapter 28 256I , and federal head start programs and the 25 services funded by Title Tit. I of the federal Elementary and 26 Secondary Education Act of 1965. 27 Sec. 370. Section 279.60, Code 2009, is amended to read as 28 follows: 29 279.60 Kindergarten assessment —— access to data —— reports. 30 Each school district shall administer the dynamic indicators 31 of basic early literacy skills kindergarten benchmark 32 assessment or other kindergarten benchmark assessment adopted 33 by the department of education in consultation with the early 34 childhood Iowa empowerment state board to every kindergarten 35 -183- LSB 5073SV (48) 83 ec/rj 183/ 290
S.F. 2088 student enrolled in the district not later than the date 1 specified in section 257.6, subsection 1. The school district 2 shall also collect information from each parent, guardian, 3 or legal custodian of a kindergarten student enrolled in the 4 district, including but not limited to whether the student 5 attended preschool, factors identified by the early care 6 staff childhood coordination center pursuant to section 7 28.3 256I.5 , and other demographic factors. Each school 8 district shall report the results of the assessment and 9 the preschool information collected to the department of 10 education in the manner prescribed by the department not 11 later than January 1 of that school year. The early care 12 staff designated pursuant to section 28.3 early childhood 13 coordination center in the department of education shall 14 have access to the raw data. The department shall review 15 the information submitted pursuant to this section and shall 16 submit its findings and recommendations annually in a report to 17 the governor, the general assembly, the early childhood Iowa 18 empowerment state board, and the community empowerment early 19 childhood Iowa area boards. 20 Sec. 371. Section 915.35, subsection 4, paragraph b, Code 21 Supplement 2009, is amended to read as follows: 22 b. A child protection assistance team may also consult 23 with or include juvenile court officers, medical and mental 24 health professionals, physicians or other hospital-based health 25 professionals, court-appointed special advocates, guardians ad 26 litem, and members of a multidisciplinary team created by the 27 department of human services for child abuse investigations. A 28 child protection assistance team may work cooperatively with 29 the local community empowerment early childhood Iowa area 30 board established under section 28.6 chapter 256I . The child 31 protection assistance team shall work with the department 32 of human services in accordance with section 232.71B, 33 subsection 3, in developing the protocols for prioritizing 34 the actions taken in response to child abuse reports and for 35 -184- LSB 5073SV (48) 83 ec/rj 184/ 290
S.F. 2088 law enforcement agencies working jointly with the department 1 at the local level in processes for child abuse reports. The 2 department of justice may provide training and other assistance 3 to support the activities of a child protection assistance 4 team. 5 Sec. 372. REPEALS. 6 1. Chapter 28, Code and Code Supplement 2009, is repealed. 7 2. Section 135.173, Code Supplement 2009, is repealed. 8 3. Section 135.174, Code 2009, is repealed. 9 Sec. 373. IMPLEMENTATION OF ACT. Section 25B.2, subsection 10 3, shall not apply to this division of this Act. 11 Sec. 374. TRANSITION. 12 1. Effective on or after July 1, 2010, as determined by 13 the early childhood Iowa state board created pursuant to this 14 division of this Act, the designations granted by the Iowa 15 empowerment board to community empowerment areas and community 16 empowerment area boards under chapter 28, Code 2009, are 17 withdrawn. However, subject to the approval of the early 18 childhood Iowa state board in accordance with the area board 19 designation criteria established by this division of this Act, 20 all or a portion of the membership of a community empowerment 21 area board may be redesignated to serve as the membership of 22 the initial early childhood Iowa area board for the relevant 23 early childhood Iowa area to be served. Subject to rules 24 to be adopted by the state board addressing redesignation of 25 community empowerment areas as early childhood Iowa areas, 26 existing multicounty community empowerment area boards may 27 choose to be redefined as early childhood Iowa area boards. 28 2. Effective on or after July 1, 2010, as determined by the 29 early childhood Iowa state board, any school ready children 30 grant or other state or federal funds in the possession 31 of a community empowerment area remaining unobligated or 32 unexpended shall be returned to the department of education. 33 The department shall credit funds received to the school ready 34 children grant account or other corresponding account of the 35 -185- LSB 5073SV (48) 83 ec/rj 185/ 290
S.F. 2088 early childhood Iowa fund. The moneys credited shall be 1 redisseminated to an early childhood Iowa area or areas that 2 correspond geographically to the boundaries of the community 3 empowerment area that returned the funds. 4 3. Until the early childhood Iowa state board has adopted 5 administrative rules to implement the provisions of chapter 6 256I, as enacted by this division of this Act, the department 7 of education shall apply the relevant rules adopted to 8 implement the community empowerment initiative under chapter 9 28, Code 2009, in place of the state agency or agencies 10 designated to administer the relevant rules. The state board 11 shall also adopt rules addressing transition of contracts 12 entered into by community empowerment area boards that include 13 provisions in effect on or after July 1, 2010. 14 DIVISION XXIII 15 HEALTH AND HUMAN SERVICES PROGRAM EFFICIENCIES 16 Sec. 375. DIRECTIVE FOR INCREASED EFFICIENCIES IN HUMAN 17 SERVICES PROGRAMS. The department of human services shall 18 develop and implement strategies to increase efficiencies by 19 reducing paperwork, decreasing staff time, and providing more 20 streamlined services to the public relative to programs under 21 the purview of the department. Such strategies may include 22 but are not limited to simplifying and reducing duplication in 23 eligibility determinations among programs by utilizing the same 24 eligibility processes across programs to the extent allowed by 25 federal law. The department shall provide a progress report 26 to the joint appropriations subcommittee on health and human 27 services on a quarterly basis. 28 Sec. 376. PHARMACEUTICAL IMPROVEMENTS. The department 29 of human services, department of public health, department 30 of corrections, department of management, and any 31 other appropriate agency shall review the provision of 32 pharmaceuticals to populations they serve and programs under 33 their respective purview to determine efficiencies in the 34 purchase of pharmaceuticals. The departments shall develop 35 -186- LSB 5073SV (48) 83 ec/rj 186/ 290
S.F. 2088 strategies to implement efficiencies and reduce costs to the 1 state, and shall determine any changes in state law or approval 2 from the federal government necessary to implement any strategy 3 identified. 4 DIVISION XXIV 5 HOSPITAL LICENSING BOARD 6 Sec. 377. Section 135B.5, subsection 1, Code 2009, is 7 amended to read as follows: 8 1. Upon receipt of an application for license and the 9 license fee, the department shall issue a license if the 10 applicant and hospital facilities comply with this chapter 11 and the rules of the department. Each licensee shall receive 12 annual reapproval upon payment of five hundred dollars and 13 upon filing of an application form which is available from the 14 department. The annual licensure fee shall be dedicated to 15 support and provide educational programs on regulatory issues 16 for hospitals licensed under this chapter in consultation 17 with the hospital licensing board. Licenses shall be either 18 general or restricted in form. Each license shall be issued 19 only for the premises and persons or governmental units named 20 in the application and is not transferable or assignable except 21 with the written approval of the department. Licenses shall 22 be posted in a conspicuous place on the licensed premises as 23 prescribed by rule of the department. 24 Sec. 378. Section 135B.7, subsection 1, paragraph a, Code 25 Supplement 2009, is amended to read as follows: 26 a. The department, with the advice and approval of the 27 hospital licensing board and approval of the state board of 28 health, shall adopt rules setting out the standards for the 29 different types of hospitals to be licensed under this chapter. 30 The department shall enforce the rules. 31 Sec. 379. REPEAL. Section 135B.10, Code 2009, is repealed. 32 Sec. 380. REPEAL. Section 135B.11, Code Supplement 2009, 33 is repealed. 34 DIVISION XXV 35 -187- LSB 5073SV (48) 83 ec/rj 187/ 290
S.F. 2088 CHILD SUPPORT 1 Sec. 381. Section 252D.17, Code 2009, is amended by adding 2 the following new subsection: 3 NEW SUBSECTION . 13. The department shall establish 4 criteria and a phased-in schedule to require, no later than 5 June 30, 2015, payors of income to electronically transmit 6 the amounts withheld under an income withholding order. The 7 department shall assist payors of income in complying with 8 the required electronic transmission, and shall adopt rules 9 setting forth procedures for use in electronic transmission of 10 funds, and exemption from use of electronic transmission taking 11 into consideration any undue hardship electronic transmission 12 creates for payors of income. 13 DIVISION XXVI 14 FALSE CLAIMS ACT 15 Sec. 382. NEW SECTION . 685.1 Definitions. 16 As used in this chapter, unless the context otherwise 17 requires: 18 1. “Claim” means any request or demand for money, property, 19 or services made to any employee, officer, or agent of the 20 state, or to any contractor, grantee, or other recipient, 21 whether under contract or not, if any portion of the money, 22 property, or services requested or demanded issued from, or 23 was provided by, the state, or if the state will reimburse the 24 contractor, grantee, or other recipient for any portion of the 25 money or property which is requested or demanded. 26 2. “Employer” means any natural person, corporation, firm, 27 association, organization, partnership, business, trust, or 28 state-affiliated entity involved in a nongovernmental function, 29 including state universities and state hospitals. 30 3. a. “Knowing” or “knowingly” means that a person, with 31 respect to information, does any of the following: 32 (1) Has actual knowledge of the information. 33 (2) Acts in deliberate ignorance of the truth or falsity of 34 the information. 35 -188- LSB 5073SV (48) 83 ec/rj 188/ 290
S.F. 2088 (3) Acts in reckless disregard of the truth or falsity of 1 the information. 2 b. “Knowing” or “knowingly” with respect to information does 3 not require proof of specific intent to defraud. 4 4. “Qui tam plaintiff” means a private plaintiff who brings 5 an action under this chapter on behalf of the state. 6 Sec. 383. NEW SECTION . 685.2 Acts subjecting person to 7 treble damages, costs, and civil penalties —— exceptions. 8 1. A person who commits any of the following acts is liable 9 to the state for three times the amount of damages which the 10 state sustains because of the act of that person. A person who 11 commits any of the following acts shall also be liable to the 12 state for the costs of a civil action brought to recover any of 13 those penalties or damages, and shall be liable to the state 14 for a civil penalty of not less than five thousand dollars and 15 not more than ten thousand dollars for each violation: 16 a. Knowingly presents or causes to be presented to any 17 employee, officer, or agent of the state, or to any contractor, 18 grantee, or other recipient of state funds, a false or 19 fraudulent claim for payment or approval. 20 b. Knowingly makes, uses, or causes to be made or used, a 21 false record or statement to get a false or fraudulent claim 22 paid or approved. 23 c. Conspires to defraud the state by getting a false claim 24 allowed or paid, or conspires to defraud the state by knowingly 25 making, using, or causing to be made or used, a false record or 26 statement to conceal, avoid, or decrease an obligation to pay 27 or transmit money or property to the state. 28 d. Has possession, custody, or control of public property or 29 money used or to be used by the state and knowingly delivers or 30 causes to be delivered less property than the amount for which 31 the person receives a certificate or receipt. 32 e. Is authorized to make or deliver a document certifying 33 receipt of property used or to be used by the state and 34 knowingly makes or delivers a receipt that falsely represents 35 -189- LSB 5073SV (48) 83 ec/rj 189/ 290
S.F. 2088 the property used or to be used. 1 f. Knowingly buys, or receives as a pledge of an obligation 2 or debt, public property from any person who lawfully may not 3 sell or pledge the property. 4 g. Knowingly makes, uses, or causes to be made or used, a 5 false record or statement to conceal, avoid, or decrease an 6 obligation to pay or transmit money or property to the state. 7 h. Is a beneficiary of an inadvertent submission of a false 8 claim to any employee, officer, or agent of the state, or to 9 any contractor, grantee, or other recipient of state funds, 10 subsequently discovers the falsity of the claim, and fails 11 to disclose the false claim to the attorney general within a 12 reasonable time after discovery of the false claim. 13 2. Notwithstanding subsection 1, the court may assess 14 not less than two times the amount of damages which the 15 state sustains because of the act of the person described in 16 subsection 1, and no civil penalty, if the court finds all of 17 the following: 18 a. The person committing the violation furnished the 19 attorney general with all information known to that person 20 about the violation within thirty days after the date on which 21 the person first obtained the information. 22 b. The person fully cooperated with any investigation by the 23 attorney general. 24 c. At the time the person furnished the attorney general 25 with information about the violation, a criminal prosecution, 26 civil action, or administrative action had not commenced 27 with respect to the violation, and the person did not have 28 actual knowledge of the existence of an investigation into the 29 violation. 30 3. This section shall not apply to claims, records, or 31 statements made under Title X relating to state revenue and 32 taxation. 33 Sec. 384. NEW SECTION . 685.3 Investigations and 34 prosecutions —— powers of prosecuting authority —— civil actions 35 -190- LSB 5073SV (48) 83 ec/rj 190/ 290
S.F. 2088 by individuals as qui tam plaintiffs and as private citizens —— 1 jurisdiction of courts. 2 1. The attorney general shall diligently investigate a 3 violation under section 685.2. If the attorney general finds 4 that a person has violated or is violating section 685.2, the 5 attorney general may bring a civil action under this section 6 against that person. 7 2. a. A person may bring a civil action for a violation of 8 this chapter for the person and for the state in the name of 9 the state. The person bringing the action shall be referred 10 to as the qui tam plaintiff. Once filed, the action may be 11 dismissed only with the written consent of the court, taking 12 into account the best interest of the parties involved and the 13 public purposes behind this chapter. 14 b. A copy of the complaint and written disclosure of 15 substantially all material evidence and information the 16 person possesses shall be served on the attorney general. The 17 complaint shall also be filed in camera, shall remain under 18 seal for at least sixty days, and shall not be served on the 19 defendant until the court so orders. The attorney general may 20 elect to intervene and proceed with the action within sixty 21 days after the attorney general receives both the complaint and 22 the material evidence and the information. 23 c. The attorney general may, for good cause shown, move the 24 court for extensions of the time during which the complaint 25 remains under seal under paragraph “b” . Any such motions may be 26 supported by affidavits or other submissions in camera. The 27 defendant shall not be required to respond to any complaint 28 filed under this section until after the complaint is unsealed 29 and served upon the defendant pursuant to rules of civil 30 procedure. 31 d. Before the expiration of the sixty-day period or any 32 extensions obtained under paragraph “c” , the attorney general 33 shall do one of the following: 34 (1) Proceed with the action, in which case the action shall 35 -191- LSB 5073SV (48) 83 ec/rj 191/ 290
S.F. 2088 be conducted by the attorney general. 1 (2) Notify the court that the attorney general declines to 2 take over the action, in which case the person bringing the 3 action shall have the right to conduct the action. 4 e. When a person brings a valid action under this section, 5 no person other than the attorney general may intervene or 6 bring a related action based on the facts underlying the 7 pending action. 8 3. a. If the attorney general proceeds with the action, 9 the attorney general shall have the primary responsibility for 10 prosecuting the action, and shall not be bound by an act of 11 the person bringing the action. Such person shall have the 12 right to continue as a party to the action, subject to the 13 limitations specified in paragraph “b” . 14 b. (1) The attorney general may move to dismiss the action 15 for good cause notwithstanding the objections of the qui tam 16 plaintiff if the qui tam plaintiff has been notified by the 17 attorney general of the filing of the motion and the court has 18 provided the qui tam plaintiff with an opportunity to oppose 19 the motion and present evidence at a hearing. 20 (2) The attorney general may settle the action with the 21 defendant notwithstanding the objections of the qui tam 22 plaintiff if the court determines, after a hearing providing 23 the qui tam plaintiff an opportunity to present evidence, that 24 the proposed settlement is fair, adequate, and reasonable under 25 all of the circumstances. 26 (3) Upon a showing by the attorney general that unrestricted 27 participation during the course of the litigation by the 28 person initiating the action would interfere with or unduly 29 delay the attorney general’s prosecution of the case, or would 30 be repetitious, irrelevant, or for purposes of harassment, 31 the court may, in its discretion, impose limitations on the 32 person’s participation, including but not limited to any of the 33 following: 34 (a) Limiting the number of witnesses the person may call. 35 -192- LSB 5073SV (48) 83 ec/rj 192/ 290
S.F. 2088 (b) Limiting the length of the testimony of such witnesses. 1 (c) Limiting the person’s cross-examination of witnesses. 2 (d) Otherwise limiting the participation by the person in 3 the litigation. 4 (4) Upon a showing by the defendant that unrestricted 5 participation during the course of the litigation by the person 6 initiating the action would be for purposes of harassment or 7 would cause the defendant undue burden or unnecessary expense, 8 the court may limit the participation by the person in the 9 litigation. 10 c. If the attorney general elects not to proceed with the 11 action, the person who initiated the action shall have the 12 right to conduct the action. If the attorney general requests, 13 the attorney general shall be served with copies of all 14 pleadings filed in the action and shall be supplied with copies 15 of all deposition transcripts at the state’s expense. When a 16 person proceeds with the action, the court, without limiting 17 the status and rights of the person initiating the action, may 18 permit the attorney general to intervene at a later date upon a 19 showing of good cause. 20 d. Whether or not the attorney general proceeds with the 21 action, upon a showing by the attorney general that certain 22 actions of discovery by the person initiating the action 23 would interfere with the attorney general’s investigation or 24 prosecution of a criminal or civil matter arising out of the 25 same facts, the court may stay such discovery for a period of 26 not more than sixty days. Such a showing shall be conducted 27 in camera. The court may extend the sixty-day period upon 28 a further showing in camera that the attorney general has 29 pursued the criminal or civil investigation or proceedings 30 with reasonable diligence and any proposed discovery in the 31 civil action will interfere with the ongoing criminal or civil 32 investigation or proceedings. 33 e. Notwithstanding subsection 2, the attorney general may 34 elect to pursue the state’s claim through any alternate remedy 35 -193- LSB 5073SV (48) 83 ec/rj 193/ 290
S.F. 2088 available to the state, including any administrative proceeding 1 to determine a civil penalty. If any such alternate remedy 2 is pursued in another proceeding, the person initiating the 3 action shall have the same rights in such proceeding as such 4 person would have had if the action had continued under this 5 section. Any finding of fact or conclusion of law made in 6 such other proceeding that has become final with respect to 7 a party who is also a party to an action under this section, 8 shall be conclusive as to all such parties to an action under 9 this section. For purposes of this paragraph, a finding or 10 conclusion is final if it has been finally determined on appeal 11 to the appropriate court of the state, if all time for filing 12 such an appeal with respect to the finding or conclusion has 13 expired, or if the finding or conclusion is not subject to 14 judicial review. 15 4. a. (1) If the attorney general proceeds with an action 16 brought by a person under subsection 2, the person shall, 17 subject to subparagraph (2), receive at least fifteen percent 18 but not more than twenty-five percent of the proceeds of the 19 action or settlement of the claim, which includes damages, 20 civil penalties, payments for costs of compliance, and any 21 other economic benefit realized by the state or federal 22 government as a result of the action, depending upon the 23 extent to which the person substantially contributed to the 24 prosecution of the action. 25 (2) If the action is one which the court finds to be 26 based primarily on disclosures of specific information, other 27 than information provided by the person bringing the action, 28 relating to allegations or transactions specifically in a 29 criminal, civil, or administrative hearing, or in a legislative 30 or administrative report, hearing, audit, or investigation, or 31 from the news media, the court may award an amount the court 32 considers appropriate, but in no case more than ten percent 33 of the proceeds, taking into account the significance of the 34 information and the role of the person bringing the action in 35 -194- LSB 5073SV (48) 83 ec/rj 194/ 290
S.F. 2088 advancing the case to litigation. 1 (3) Any payment to a person under subparagraph (1) or (2) 2 shall be made from the proceeds. Any such person shall also 3 receive an amount for reasonable expenses which the appropriate 4 court finds to have been necessarily incurred, plus reasonable 5 attorney fees and costs. All such expenses, fees, and costs 6 shall be awarded against the defendant. 7 b. If the attorney general does not proceed with an action 8 under this section, the person bringing the action or settling 9 the claim shall receive an amount which the court decides is 10 reasonable for collecting the civil penalty and damages. The 11 amount shall be not less than twenty-five percent and not more 12 than thirty percent of the proceeds of the action or settlement 13 and shall be paid out of such proceeds, which includes damages, 14 civil penalties, payments for costs of compliance, and any 15 other economic benefit realized by the state or federal 16 government as a result of the action. Such person shall also 17 receive an amount for reasonable expenses which the appropriate 18 court finds to have been necessarily incurred, plus reasonable 19 attorney fees and costs. All such expenses, fees, and costs 20 shall be awarded against the defendant. 21 c. Whether or not the attorney general proceeds with the 22 action, if the court finds that the action was brought by a 23 person who planned and initiated the violation of section 24 685.2 upon which the action was brought, the court may, to the 25 extent the court considers appropriate, reduce the share of 26 the proceeds of the action which the person would otherwise 27 receive under paragraph “a” or “b” , taking into account the 28 role of that person in advancing the case to litigation and any 29 relevant circumstances pertaining to the violation. If the 30 person bringing the action is convicted of criminal conduct 31 arising from the person’s role in the violation of section 32 685.2, the person shall be dismissed from the civil action and 33 shall not receive any share of the proceeds of the action. 34 Such dismissal shall not prejudice the right of the attorney 35 -195- LSB 5073SV (48) 83 ec/rj 195/ 290
S.F. 2088 general to continue the action. 1 d. If the attorney general does not proceed with the action 2 and the person bringing the action conducts the action, the 3 court may award to the defendant reasonable attorney fees and 4 expenses if the defendant prevails in the action and the court 5 finds that the claim of the person bringing the action was 6 clearly frivolous, clearly vexatious, or brought primarily for 7 purposes of harassment. 8 5. a. A court shall not have jurisdiction over an action 9 brought under subsection 2 against a member of the general 10 assembly, a member of the judiciary, or an executive branch 11 official if the action is based on evidence or information 12 known to the attorney general when the action was brought. 13 b. A person shall not bring an action under subsection 2 14 which is based upon allegations or transactions which are the 15 subject of a civil suit or an administrative civil penalty 16 proceeding in which the state is already a party. 17 c. Upon motion of the attorney general, the court may in 18 consideration of all the equities, dismiss a qui tam plaintiff 19 if the elements of the actionable false claims alleged in the 20 qui tam complaint have been publicly disclosed specifically 21 in the news media or in a publicly disseminated governmental 22 report, at the time the complaint is filed. 23 d. The state is not liable for expenses which a person 24 incurs in bringing an action under this section. 25 6. Any employee who is discharged, demoted, suspended, 26 threatened, harassed, or in any other manner discriminated 27 against in the terms and conditions of employment by the 28 person’s employer because of lawful acts performed by the 29 employee on behalf of the employee or others in furtherance 30 of an action under this section, including investigation for, 31 initiation of, testimony for, or assistance in an action filed 32 or to be filed under this section, shall be entitled to all 33 relief necessary to make the employee whole. Such relief 34 shall include reinstatement with the same seniority status 35 -196- LSB 5073SV (48) 83 ec/rj 196/ 290
S.F. 2088 such employee would have had but for the discrimination, two 1 times the amount of back pay, interest on the back pay, and 2 compensation for any special damages sustained as a result of 3 the discrimination, including litigation costs and reasonable 4 attorney fees. An employee may bring an action in the 5 appropriate court of the state for the relief provided in this 6 subsection. 7 Sec. 385. NEW SECTION . 685.4 Limitation of actions —— 8 burden of proof. 9 1. A civil action under section 685.3 shall not be brought 10 more than ten years after the date on which the violation was 11 committed. 12 2. A civil action under section 685.3 may be brought based 13 on activity prior to January 1, 2007, if the limitations period 14 pursuant to subsection 1 has not lapsed. 15 3. In any action brought under section 685.3, the attorney 16 general or the qui tam plaintiff shall be required to prove all 17 essential elements of the cause of action, including damages, 18 by a preponderance of the evidence. 19 4. Notwithstanding any other provision of law, a guilty 20 verdict rendered in a criminal proceeding charging false 21 statements or fraud, whether upon a verdict after trial or upon 22 a plea of guilty or nolo contendere, shall estop the defendant 23 from denying the essential elements of the offense in any 24 action which involves the same transaction as in the criminal 25 proceeding and which is brought under section 685.3, subsection 26 1, 2, or 3. 27 Sec. 386. NEW SECTION . 685.5 Remedies under other laws —— 28 application. 29 1. The provisions of this chapter are not exclusive, and the 30 remedies provided for in this chapter shall be in addition to 31 any other remedies provided for in any other law or available 32 under common law. 33 2. This chapter shall be liberally construed and applied 34 to promote the public interest. This chapter shall also 35 -197- LSB 5073SV (48) 83 ec/rj 197/ 290
S.F. 2088 be construed and applied in a manner that reflects the 1 congressional intent behind the federal False Claims Act, 2 31 U.S.C. § 3729-3733, including the legislative history 3 underlying the 1986 amendments to the federal False Claims Act. 4 Sec. 387. NEW SECTION . 685.6 Venue. 5 An action brought under this chapter may be brought in any 6 judicial district in which the defendant or, in the case of 7 multiple defendants, any one defendant can be found, resides, 8 transacts business, or in which any act proscribed under this 9 chapter occurred. A summons as required by the rules of civil 10 procedure shall be issued by the appropriate district court and 11 service at any place within or outside the United States. 12 Sec. 388. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 13 APPLICABILITY. This division of this Act, being deemed of 14 immediate importance, takes effect upon enactment and applies 15 retroactively to January 1, 2007. 16 DIVISION XXVII 17 MEDICAID PRESCRIPTION DRUGS 18 Sec. 389. Section 249A.20A, subsection 4, Code 2009, is 19 amended to read as follows: 20 4. With the exception of drugs prescribed for the treatment 21 of human immunodeficiency virus or acquired immune deficiency 22 syndrome, transplantation, or cancer and drugs prescribed 23 for mental illness with the exception of drugs and drug 24 compounds that do not have a significant variation in a 25 therapeutic profile or side effect profile within a therapeutic 26 class, prescribing and dispensing of prescription drugs not 27 included on the preferred drug list shall be subject to prior 28 authorization. 29 Sec. 390. MEDICAID NONPREFERRED DRUG LIST PRESCRIBING. The 30 department shall adopt rules pursuant to chapter 17A to 31 restrict physicians and other prescribers to prescribing not 32 more than a 72-hour or three-day supply of a prescription drug 33 not included on the medical assistance preferred drug list 34 while seeking approval to continue prescribing the medication. 35 -198- LSB 5073SV (48) 83 ec/rj 198/ 290
S.F. 2088 Sec. 391. MEDICAID MENTAL HEALTH MEDICATIONS. The 1 department shall adopt rules pursuant to chapter 17A to require 2 that unless the manufacturer of a chemically unique mental 3 health prescription drug enters into a contract to provide the 4 state with a supplemental rebate, the drug shall be placed on 5 the nonpreferred drug list and subject to prior authorization 6 before a medical assistance program recipient is able to obtain 7 the drug. 8 DIVISION XXVIII 9 MEDICAID DISEASE MANAGEMENT 10 Sec. 392. MEDICAID DISEASE MANAGEMENT FOR CHILDREN. The 11 department of human services shall design and implement a 12 disease management program for children to address the most 13 prevalent chronic diseases among children in Iowa. The program 14 may include technology-based disease management, in-person or 15 telephonic care management, self-management strategies, and 16 health literacy education and training. 17 DIVISION XXIX 18 MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER PAYMENTS 19 Sec. 393. MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER 20 PAYMENTS —— REVIEW. The department of human services shall 21 evaluate payment records and determine the proper mechanism 22 to trigger a review of payments for services provided under a 23 home and community-based services waiver that are in excess of 24 the median amount for payments through the waivers. Following 25 development of the trigger mechanism, the department shall 26 require advance approval for services for which payment is 27 projected to exceed the median. 28 DIVISION XXX 29 DIVESTITURE —— MEDICAID PROGRAM 30 Sec. 394. Section 249F.1, subsection 2, paragraph a, Code 31 2009, is amended to read as follows: 32 a. “Transfer of assets” means any transfer or assignment 33 of a legal or equitable interest in property, as defined in 34 section 702.14, from a transferor to a transferee for less than 35 -199- LSB 5073SV (48) 83 ec/rj 199/ 290
S.F. 2088 fair consideration, made while the transferor is receiving 1 medical assistance or within five years prior to application 2 for medical assistance by the transferor. Any such transfer 3 or assignment is presumed to be made with the intent, on the 4 part of the transferee ; transferor; or another person acting 5 on behalf of a transferor who is an actual or implied agent, 6 guardian, attorney-in-fact, or person acting as a fiduciary , 7 of enabling the transferor to obtain or maintain eligibility 8 for medical assistance or of impacting the recovery or payment 9 of a medical assistance debt . This presumption is rebuttable 10 only by clear and convincing evidence that the transferor’s 11 eligibility or potential eligibility for medical assistance or 12 the impact on the recovery or payment of a medical assistance 13 debt was no part of the transferee’s reason of the transferee; 14 transferor; or other person acting on behalf of a transferor 15 who is an actual or implied agent, guardian, attorney-in-fact, 16 or person acting as a fiduciary for making or accepting the 17 transfer or assignment. A transfer of assets includes a 18 transfer of an interest in the transferor’s home, domicile, or 19 land appertaining to such home or domicile while the transferor 20 is receiving medical assistance, unless otherwise exempt under 21 paragraph “b” . 22 Sec. 395. Section 249F.1, subsection 2, paragraph b, 23 subparagraph (6), Code 2009, is amended to read as follows: 24 (6) Transfers of assets that would, at the time of the 25 transferor’s application for medical assistance, have been 26 exempt from consideration as a resource if retained by the 27 transferor, pursuant to 42 U.S.C. § 1382b(a), as implemented 28 by regulations adopted by the secretary of the United States 29 department of health and human services , excluding the home and 30 land appertaining to the home . 31 DIVISION XXXI 32 CHILD CARE ADVISORY COMMITTEE 33 Sec. 396. NEW SECTION . 135.173A Child care advisory 34 committee. 35 -200- LSB 5073SV (48) 83 ec/rj 200/ 290
S.F. 2088 1. The early childhood Iowa council shall establish a state 1 child care advisory committee as part of the council. The 2 advisory committee shall advise and make recommendations to the 3 governor, general assembly, department of human services, and 4 other state agencies concerning child care. 5 2. The membership of the advisory committee shall consist of 6 a broad spectrum of parents and other persons from across the 7 state with an interest in or involvement with child care. 8 3. Except as otherwise provided, the voting members of 9 the advisory committee shall be appointed by the council 10 from a list of names submitted by a nominating committee to 11 consist of one member of the advisory committee, one member 12 of the department of human services’ child care staff, three 13 consumers of child care, and one member of a professional child 14 care organization. Two names shall be submitted for each 15 appointment. The voting members shall be appointed for terms 16 of three years. 17 4. The voting membership of the advisory committee shall be 18 appointed in a manner so as to provide equitable representation 19 of persons with an interest in child care and shall include all 20 of the following: 21 a. Two parents of children served by a registered child 22 development home. 23 b. Two parents of children served by a licensed center. 24 c. Two not-for-profit child care providers. 25 d. Two for-profit child care providers. 26 e. One child care home provider. 27 f. Three child development home providers. 28 g. One child care resource and referral service grantee. 29 h. One nongovernmental child advocacy group representative. 30 i. One designee of the department of human services. 31 j. One designee of the Iowa department of public health. 32 k. One designee of the department of education. 33 l. One head start program provider. 34 m. One person who is a business owner or executive officer 35 -201- LSB 5073SV (48) 83 ec/rj 201/ 290
S.F. 2088 from nominees submitted by the Iowa chamber of commerce 1 executives. 2 n. One designee of the community empowerment office of the 3 department of management. 4 o. One person who is a member of the Iowa afterschool 5 alliance. 6 p. One person who is part of a local program implementing 7 the statewide preschool program for four-year-old children 8 under chapter 256C. 9 q. One person who represents the early childhood Iowa 10 council. 11 5. In addition to the voting members of the advisory 12 committee, the membership shall include four legislators as 13 ex officio, nonvoting members. The four legislators shall 14 be appointed one each by the majority leader of the senate, 15 the minority leader of the senate, the speaker of the house 16 of representatives, and the minority leader of the house of 17 representatives for terms as provided in section 69.16B. 18 6. In fulfilling the advisory committee’s role, the 19 committee shall do all of the following: 20 a. Consult with the department of human services and make 21 recommendations concerning policy issues relating to child 22 care. 23 b. Advise the department of human services concerning 24 services relating to child care, including but not limited to 25 any of the following: 26 (1) Resource and referral services. 27 (2) Provider training. 28 (3) Quality improvement. 29 (4) Public-private partnerships. 30 (5) Standards review and development. 31 (6) The federal child care and development block grant, 32 state funding, grants, and other funding sources for child 33 care. 34 c. Assist the department of human services in developing an 35 -202- LSB 5073SV (48) 83 ec/rj 202/ 290
S.F. 2088 implementation plan to provide seamless service to recipients 1 of public assistance, which includes child care services. 2 For the purposes of this subsection, “seamless service” 3 means coordination, where possible, of the federal and state 4 requirements which apply to child care. 5 d. Advise and provide technical services to the director of 6 the department of education or the director’s designee relating 7 to prekindergarten, kindergarten, and before and after school 8 programming and facilities. 9 e. Make recommendations concerning child care expansion 10 programs that meet the needs of children attending a core 11 education program by providing child care before and after the 12 core program hours and during times when the core program does 13 not operate. 14 f. Make recommendations for improving collaborations 15 between the child care programs involving the department of 16 human services and programs supporting the education and 17 development of young children including but not limited to the 18 federal head start program, the statewide preschool program for 19 four-year-old children and the early childhood, at-risk, and 20 other early education programs administered by the department 21 of education. 22 g. Make recommendations for eliminating duplication and 23 otherwise improving the eligibility determination processes 24 used for the state child care assistance program and other 25 programs supporting low-income families, including but not 26 limited to the federal head start, early head start, and even 27 start programs; the early childhood, at-risk, and preschool 28 programs administered by the department of education; the 29 family and self-sufficiency grant program; and the family 30 investment program. 31 h. Make recommendations as to the most effective and 32 efficient means of managing the state and federal funding 33 available for the state child care assistance program. 34 i. Review program data from the department of human services 35 -203- LSB 5073SV (48) 83 ec/rj 203/ 290
S.F. 2088 and other departments concerning child care as deemed to be 1 necessary by the advisory committee, although a department 2 shall not provide personally identifiable data or information. 3 j. Advise and assist the early childhood Iowa council in 4 developing the strategic plan required pursuant to section 5 135.173. 6 7. The department of human services shall provide 7 information to the advisory committee semiannually on all of 8 the following: 9 a. Federal, state, local, and private revenues and 10 expenditures for child care, including but not limited to 11 updates on the current and future status of the revenues and 12 expenditures. 13 b. Financial information and data relating to regulation of 14 child care by the department of human services and the usage of 15 the state child care assistance program. 16 c. Utilization and availability data relating to child care 17 regulation, quantity, and quality from consumer and provider 18 perspectives. 19 d. Statistical and demographic data regarding child care 20 providers and the families utilizing child care. 21 e. Statistical data regarding the processing time for 22 issuing notices of decision to state child care assistance 23 applicants and for issuing payments to child care providers. 24 8. The advisory committee shall coordinate with the early 25 childhood Iowa council its reporting annually in December 26 to the governor and general assembly concerning the status 27 of child care in the state, providing findings, and making 28 recommendations. The annual report may be personally presented 29 to the general assembly’s standing committees on human 30 resources by a representative of the advisory committee. 31 Sec. 397. Section 237A.1, subsection 16, Code 2009, is 32 amended to read as follows: 33 16. “State child care advisory council” committee” means 34 the state child care advisory council committee established 35 -204- LSB 5073SV (48) 83 ec/rj 204/ 290
S.F. 2088 pursuant to sections 237A.21 and 237A.22 section 135.173A . 1 Sec. 398. Section 237A.12, subsection 3, Code 2009, is 2 amended to read as follows: 3 3. Rules relating to fire safety for child care centers 4 shall be adopted under this chapter by the state fire marshal 5 in consultation with the department. Rules adopted by the 6 state fire marshal for a building which is owned or leased by a 7 school district or accredited nonpublic school and used as a 8 child care facility shall not differ from standards adopted by 9 the state fire marshal for school buildings under chapter 100. 10 Rules relating to sanitation shall be adopted by the department 11 in consultation with the director of public health. All rules 12 shall be developed in consultation with the state child care 13 advisory council committee . The state fire marshal shall 14 inspect the facilities. 15 Sec. 399. Section 237A.25, subsection 1, Code 2009, is 16 amended to read as follows: 17 1. The department shall develop consumer information 18 material to assist parents in selecting a child care provider. 19 In developing the material, the department shall consult with 20 department of human services staff, department of education 21 staff, the state child care advisory council committee , the 22 Iowa empowerment board, and child care resource and referral 23 services. In addition, the department may consult with other 24 entities at the local, state, and national level. 25 Sec. 400. Section 237A.30, subsection 1, Code 2009, is 26 amended to read as follows: 27 1. The department shall work with the community empowerment 28 office of the department of management established in section 29 28.3 and the state child care advisory council committee in 30 designing and implementing a voluntary quality rating system 31 for each provider type of child care facility. 32 Sec. 401. Section 256.9, subsection 32, paragraph b, Code 33 Supplement 2009, is amended to read as follows: 34 b. Standards and materials developed shall include 35 -205- LSB 5073SV (48) 83 ec/rj 205/ 290
S.F. 2088 materials which employ developmentally appropriate practices 1 and incorporate substantial parental involvement. The 2 materials and standards shall include alternative teaching 3 approaches including collaborative teaching and alternative 4 dispute resolution training. The department shall consult 5 with the child development coordinating council, the state 6 child care advisory council committee established pursuant 7 to section 135.173A , the department of human services, 8 the state board of regents center for early developmental 9 education, the area education agencies, the department of 10 child human development and family studies in the college of 11 family and consumer human sciences at Iowa state university of 12 science and technology, the early childhood elementary division 13 of the college of education at the university of Iowa, and the 14 college of education at the university of northern Iowa, in 15 developing these standards and materials. 16 Sec. 402. REPEAL. Sections 237A.21 and 237A.22, Code 17 Supplement 2009, are repealed. 18 Sec. 403. IMPLEMENTATION —— EFFECTIVE DATE. 19 1. The early childhood Iowa council shall develop a 20 legislation proposal identifying memberships slots for 21 the state child care advisory committee as created by this 22 division of this Act. The proposal shall ensure that there 23 is appropriate representation for the various types of child 24 care arrangements available in the state and for expertise. 25 The proposal shall be submitted to the governor and general 26 assembly on or before December 15, 2010. 27 2. If a provision of this Act or another enactment of 28 the Eighty-third General Assembly repeals section 135.173 29 and creates the early childhood Iowa state board in new Code 30 chapter 256I, the early childhood Iowa state board shall 31 fulfill the responsibilities assigned to the early childhood 32 Iowa council in subsection 1 and the department of education 33 shall propose corrective legislation for the provisions of 34 this division of this Act in accordance with section 2.16 for 35 -206- LSB 5073SV (48) 83 ec/rj 206/ 290
S.F. 2088 consideration by the Eighty-fourth General Assembly, 2011 1 Regular Session. 2 3. The provisions of this division of this Act other than 3 this section take effect July 1, 2011. 4 DIVISION XXXII 5 STATE MENTAL HEALTH INSTITUTES 6 Sec. 404. MOUNT PLEASANT MHI CLOSURE COSTS. There is 7 appropriated from the general fund of the state to the 8 department of human services for the fiscal year beginning July 9 1, 2009, and ending June 30, 2010, the following amount, or 10 so much thereof as is necessary, to be used for the purposes 11 designated: 12 For transition costs relating to the transfer of authority 13 over the state facilities of the state mental health institute 14 at Mount Pleasant from the department of human services to the 15 department of corrections in accordance with this division of 16 this Act: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 18 Sec. 405. Section 218.1, Code 2009, is amended to read as 19 follows: 20 218.1 Institutions controlled. 21 1. The director of human services shall have the general and 22 full authority given under statute to control, manage, direct, 23 and operate the following institutions listed in subsection 24 2 under the director’s jurisdiction, and may at the director’s 25 discretion assign the powers and authorities given the director 26 by statute to any one of the deputy directors, division 27 administrators, or officers or employees of the divisions of 28 the department of human services : . 29 2. The institutions under the authority of the director of 30 human services are the following: 31 1. a. Glenwood state resource center. 32 2. b. Woodward state resource center. 33 3. c. Mental health institute, Cherokee, Iowa. 34 4. d. Mental health institute, Clarinda, Iowa. 35 -207- LSB 5073SV (48) 83 ec/rj 207/ 290
S.F. 2088 5. e. Mental health institute, Independence, Iowa. 1 6. Mental health institute, Mount Pleasant, Iowa. 2 7. f. State training school. 3 8. g. Iowa juvenile home. 4 9. h. Other facilities not attached to the campus of the 5 main institution as program developments require. 6 Sec. 406. Section 219.1, subsection 1, Code 2009, is amended 7 to read as follows: 8 1. All of the following shall be are collectively designated 9 as a single state medical institution: 10 a. The mental health institute, Mount Pleasant, Iowa. 11 b. a. The mental health institute, Independence, Iowa. 12 c. b. The mental health institute, Clarinda, Iowa. 13 d. c. The mental health institute, Cherokee, Iowa. 14 e. d. The Glenwood state resource center. 15 f. e. The Woodward state resource center. 16 Sec. 407. Section 226.1, subsection 1, Code Supplement 17 2009, is amended to read as follows: 18 1. The state hospitals for persons with mental illness shall 19 be designated , known as the state mental health institutes, 20 are as follows: 21 a. Mental Health Institute, Mount Pleasant, Iowa. 22 b. a. Mental Health Institute health institute , 23 Independence, Iowa. 24 c. b. Mental Health Institute health institute , Clarinda, 25 Iowa. 26 d. c. Mental Health Institute health institute , Cherokee, 27 Iowa. 28 Sec. 408. Section 226.9C, subsection 1, Code 2009, is 29 amended to read as follows: 30 1. The state mental health institute at Mount Pleasant 31 shall department of human services may operate the a dual 32 diagnosis mental health and substance abuse program at a state 33 mental health institute. The dual diagnosis program shall 34 operate on a net budgeting basis in which fifty percent of the 35 -208- LSB 5073SV (48) 83 ec/rj 208/ 290
S.F. 2088 actual per diem and ancillary services costs are chargeable to 1 the patient’s county of legal settlement or as a state case, 2 as appropriate. 3 1A. Subject to the approval of the department, revenues 4 attributable to the dual diagnosis program for each fiscal year 5 shall be deposited in the mental health institute’s account 6 and are appropriated to the department for the dual diagnosis 7 program, including but not limited to all of the following 8 revenues: 9 a. Moneys received by the state from billings to counties 10 under section 230.20. 11 b. Moneys received from billings to the Medicare program. 12 c. Moneys received from a managed care contractor providing 13 services under contract with the department or any private 14 third-party payor. 15 d. Moneys received through client participation. 16 e. Any other revenues directly attributable to the dual 17 diagnosis program. 18 Sec. 409. TRANSITION PROVISIONS. 19 1. The director of human services and the director of the 20 department of corrections shall work together to transfer 21 authority over the facilities at the state mental health 22 institute at Mount Pleasant from the department of human 23 services to the department of corrections. The transfer shall 24 be completed on or before July 1, 2011. 25 2. The department of human services shall do all of the 26 following during the fiscal year beginning July 1, 2009, 27 relating to the transfer of authority over such facilities: 28 a. Adopt rules revising the catchment areas for the state 29 mental health institutes from four areas to three areas served 30 by the state mental health institutes at Cherokee, Clarinda, 31 and Independence. The rules shall also address relocation 32 of statewide programs to appropriate state mental health 33 institutes. 34 b. Transfer the patients at the state mental health 35 -209- LSB 5073SV (48) 83 ec/rj 209/ 290
S.F. 2088 institute at Mount Pleasant to suitable alternative placements. 1 3. Moneys appropriated to the department of human services 2 for the fiscal year beginning July 1, 2009, and ending June 30, 3 2010, for the state mental health institute at Mount Pleasant 4 shall be expended for the patients placed at the institute, 5 for services provided at alternative placements or for costs 6 incurred by the department of human services relating to the 7 transfer of programs. 8 4. Administrative rules adopted by the department of 9 human services for the state mental health institute at Mount 10 Pleasant in effect as of July 1, 2009, shall remain applicable 11 until the transfer of the authority over the facilities to the 12 department of corrections has been completed. The departments 13 of human services and corrections shall jointly provide written 14 notice to the legislative services agency when the transfer has 15 been completed. 16 Sec. 410. IMPLEMENTATION. Section 25B.2, subsection 3, 17 shall not apply to this division of this Act. 18 Sec. 411. EFFECTIVE UPON ENACTMENT. This division of this 19 Act, being deemed of immediate importance, takes effect upon 20 enactment. 21 DIVISION XXXIII 22 MH/MR/DD/BI COMMISSION DUTIES 23 Sec. 412. Section 135C.23, subsection 2, paragraph b, Code 24 Supplement 2009, is amended to read as follows: 25 b. This section does not prohibit the admission of a 26 patient with a history of dangerous or disturbing behavior to 27 an intermediate care facility for persons with mental illness, 28 intermediate care facility for persons with mental retardation, 29 nursing facility, or county care facility when the intermediate 30 care facility for persons with mental illness, intermediate 31 care facility for persons with mental retardation, nursing 32 facility, or county care facility has a program which has 33 received prior approval from the department to properly care 34 for and manage the patient. An intermediate care facility for 35 -210- LSB 5073SV (48) 83 ec/rj 210/ 290
S.F. 2088 persons with mental illness, intermediate care facility for 1 persons with mental retardation, nursing facility, or county 2 care facility is required to transfer or discharge a resident 3 with dangerous or disturbing behavior when the intermediate 4 care facility for persons with mental illness, intermediate 5 care facility for persons with mental retardation, nursing 6 facility, or county care facility cannot control the resident’s 7 dangerous or disturbing behavior. The department , in 8 coordination with the state mental health, mental retardation, 9 developmental disabilities, and brain injury commission created 10 in section 225C.5 , shall adopt rules pursuant to chapter 17A 11 for programs to be required in intermediate care facilities 12 for persons with mental illness, intermediate care facilities 13 for persons with mental retardation, nursing facilities, and 14 county care facilities that admit patients or have residents 15 with histories of dangerous or disturbing behavior. 16 Sec. 413. Section 229.24, subsection 3, unnumbered 17 paragraph 1, Code 2009, is amended to read as follows: 18 If all or part of the costs associated with hospitalization 19 of an individual under this chapter are chargeable to a 20 county of legal settlement, the clerk of the district court 21 shall provide to the county of legal settlement and to the 22 county in which the hospitalization order is entered , in a 23 form prescribed by the mental health, mental retardation, 24 developmental disabilities, and brain injury commission, the 25 following information pertaining to the individual which would 26 be confidential under subsection 1: 27 Sec. 414. Section 230A.2, Code 2009, is amended to read as 28 follows: 29 230A.2 Services offered. 30 A community mental health center established or operating 31 as authorized by section 230A.1 may offer to residents of the 32 county or counties it serves any or all of the mental health 33 services defined by the mental health, mental retardation, 34 developmental disabilities, and brain injury commission in the 35 -211- LSB 5073SV (48) 83 ec/rj 211/ 290
S.F. 2088 comprehensive state mental health and disability services plan 1 under section 225C.6B . 2 Sec. 415. Section 230A.15, Code 2009, is amended to read as 3 follows: 4 230A.15 Comprehensive community mental health program. 5 A community mental health center established or operating 6 as authorized by section 230A.1, or which a county or group 7 of counties has agreed to establish or support pursuant 8 to that section, may with approval of the board or boards 9 of supervisors of the county or counties supporting or 10 establishing the center, undertake to provide a comprehensive 11 community mental health program for the county or counties. 12 A center providing a comprehensive community mental health 13 program shall, at a minimum, make available to residents of the 14 county or counties it serves all of the comprehensive mental 15 health services described in the comprehensive state mental 16 health and disability services plan under section 225C.6B . 17 Sec. 416. Section 331.424A, subsection 1, Code Supplement 18 2009, is amended to read as follows: 19 1. For the purposes of this chapter, unless the context 20 otherwise requires, “services fund” means the county mental 21 health, mental retardation, and developmental disabilities 22 services fund created in subsection 2. The county finance 23 committee created in section 333A.2 shall consult with 24 the state commission in adopting shall adopt rules and 25 prescribing forms for administering the services fund. The 26 county finance committee created in section 333A.2 shall 27 prescribe forms in accordance with the rules adopted by the 28 state commission. The forms shall allow for reporting of 29 services for persons with brain injury and other optional 30 services funded through a services fund. 31 Sec. 417. Section 331.438, subsection 1, paragraph b, Code 32 2009, is amended to read as follows: 33 b. “Qualified mental health, mental retardation, and 34 developmental disabilities services” means the services 35 -212- LSB 5073SV (48) 83 ec/rj 212/ 290
S.F. 2088 specified on forms issued in the rules adopted by the county 1 finance committee following consultation with the state 2 commission for administering the services fund, pursuant to 3 section 331.424A . 4 Sec. 418. Section 331.438, subsection 4, paragraph b, Code 5 2009, is amended to read as follows: 6 b. The state commission shall do all of the following: 7 (1) Identify Receive and review reports from the department 8 of human services identifying characteristics of the 9 service county services system, including amounts expended, 10 equity of funding among counties, funding sources, provider 11 types, service availability, and equity of service availability 12 among counties and among persons served. 13 (2) Assess the accuracy and uniformity of recordkeeping and 14 reporting in the service system. 15 (3) Identify for each county the factors associated with 16 inflationary growth of the service system. 17 (4) Identify opportunities for containing service system 18 growth. 19 (5) (2) Consider proposals for revising service county 20 services system administrative rules. 21 (6) Consider provisions and adopt rules for counties to 22 implement a central point of coordination to plan, budget, 23 and monitor county expenditures for the service system. The 24 provisions shall provide options for counties to implement 25 the central point of coordination in collaboration with other 26 counties. 27 (7) Develop criteria for annual county mental health, 28 mental retardation, and developmental disabilities plans. 29 (8) (3) Adopt administrative rules identifying qualified 30 mental health, mental retardation, and developmental 31 disabilities service expenditures for purposes of state payment 32 pursuant to subsection 1 relating to county management plans . 33 (9) Adopt rules for the county central point of coordination 34 and clinical assessment processes required under section 35 -213- LSB 5073SV (48) 83 ec/rj 213/ 290
S.F. 2088 331.440 and other rules necessary for the implementation of 1 county management plans and expenditure reports required for 2 state payment pursuant to section 331.439 . 3 (10) Consider recommendations to improve the programs and 4 cost-effectiveness of state and county contracting processes 5 and procedures, including strategies for negotiations relating 6 to managed care. The recommendations implemented by the 7 commission for the state and county regarding managed care 8 shall include but are not limited to standards for limiting 9 excess costs and profits, and for restricting cost shifting 10 under a managed care system. 11 (11) (4) Provide input, when appropriate, to the director 12 of human services in any decision involving administrative 13 rules which were adopted by the department of human services 14 pertaining to the mental illness, mental retardation, and 15 developmental disabilities services system administered by 16 counties. 17 (12) Identify the fiscal impact of existing or proposed 18 legislation and administrative rules on state and county 19 expenditures. 20 (13) Adopt administrative rules providing statewide 21 standards and a monitoring methodology to determine whether 22 cost-effective individualized services are available as 23 required pursuant to section 331.439, subsection 1 , paragraph 24 “b” . 25 (14) (5) Consider recommendations for and adopt 26 administrative rules establishing statewide minimum standards 27 for services and other support required to be available to 28 persons covered by a county management plan under section 29 331.439. 30 (15) (6) Consider recommendations for measuring and 31 improving the quality of state and county mental health, mental 32 retardation, and developmental disabilities services and other 33 support. 34 (16) Develop a procedure for each county to disclose to 35 -214- LSB 5073SV (48) 83 ec/rj 214/ 290
S.F. 2088 the department of human services information approved by the 1 commission concerning the mental health, mental retardation, 2 developmental disabilities, and brain injury services provided 3 to the individuals served through the county central point 4 of coordination process. The procedure shall incorporate 5 protections to ensure that if individually identified 6 information is disclosed, it is disclosed and maintained in 7 compliance with applicable Iowa and federal confidentiality 8 laws, including but not limited to federal Health Insurance 9 Portability and Accountability Act, Pub. L. No. 104-191, 10 requirements. 11 Sec. 419. Section 331.439, subsection 1, unnumbered 12 paragraph 1, Code 2009, is amended to read as follows: 13 The state payment to eligible counties under this section 14 shall be made as provided in sections 331.438 and 426B.2. A 15 county is eligible for the state payment, as defined in section 16 331.438, for a fiscal year if the director of human services , 17 in consultation with the state commission, determines for a 18 specific fiscal year that all of the following conditions are 19 met: 20 Sec. 420. Section 331.439, subsection 1, paragraph a, Code 21 2009, is amended to read as follows: 22 a. The county accurately reported by December 1 the 23 county’s expenditures for mental health, mental retardation, 24 and developmental disabilities services and the information 25 required under section 225C.6A, subsection 2 3 , paragraph 26 “c” , for the previous fiscal year on forms prescribed by in 27 accordance with rules adopted by the state commission. If 28 the department determines good cause exists, the department 29 may extend a deadline otherwise imposed under this chapter, 30 chapter 225C, or chapter 426B for a county’s reporting 31 concerning mental health, mental retardation, or developmental 32 disabilities services or related revenues and expenditures. 33 Sec. 421. Section 331.439, subsection 1, paragraph b, 34 unnumbered paragraph 1, Code 2009, is amended to read as 35 -215- LSB 5073SV (48) 83 ec/rj 215/ 290
S.F. 2088 follows: 1 The county developed and implemented a county management 2 plan for the county’s mental health, mental retardation, and 3 developmental disabilities services system in accordance with 4 the provisions of this paragraph “b” . The plan shall comply 5 with the administrative rules adopted for this purpose by the 6 state commission and is subject to the approval of the director 7 of human services in consultation with the state commission. 8 The plan shall include a description of the county’s service 9 management provision for mental health, mental retardation, and 10 developmental disabilities services. For mental retardation 11 and developmental disabilities service management, the plan 12 shall describe the county’s development and implementation of a 13 managed system of cost-effective individualized services and 14 shall comply with the provisions of paragraph “f” . The goal 15 of this part of the plan shall be to assist the individuals 16 served to be as independent, productive, and integrated into 17 the community as possible. The service management provisions 18 for mental health shall comply with the provisions of paragraph 19 “e” . A county is subject to all of the following provisions 20 in regard to the county’s services system management plan and 21 planning process: 22 Sec. 422. Section 331.439, subsection 1, paragraph b, 23 subparagraphs (2) and (3), Code 2009, are amended to read as 24 follows: 25 (2) For informational purposes, the county shall submit a 26 management plan review to the department of human services by 27 December 1 of each year. The annual review shall incorporate 28 an analysis of the data associated with the services 29 system managed during the preceding fiscal year by the county 30 or by a managed care private entity on behalf of the county. 31 The annual review shall also identify measurable outcomes 32 and results showing the county’s progress in fulfilling 33 the purposes listed in paragraph “c” , and in achieving the 34 disability services outcomes and indicators identified by the 35 -216- LSB 5073SV (48) 83 ec/rj 216/ 290
S.F. 2088 commission pursuant to section 225C.6. 1 (3) For informational purposes, every three years the 2 county shall submit to the department of human services a 3 three-year strategic plan. The strategic plan shall describe 4 how the county will proceed to attain the plan’s goals and 5 objectives, and the measurable outcomes and results necessary 6 for moving the county’s service services system toward an 7 individualized, community-based focus in accordance with 8 paragraph “c” . The three-year strategic plan shall be 9 submitted by April 1, 2000, and by April 1 of every third year 10 thereafter. 11 Sec. 423. Section 331.439, subsection 1, paragraphs c, e, 12 and f, Code 2009, are amended to read as follows: 13 c. The county implements its county management plan under 14 paragraph “b” and other service management functions in a 15 manner that seeks to achieve all of the following purposes 16 identified in section 225C.1 for persons who are covered by the 17 plan or are otherwise subject to the county’s service services 18 system management functions: 19 (1) The service services system seeks to empower persons 20 to exercise their own choices about the amounts and types of 21 services and other support received. 22 (2) The service services system seeks to empower the persons 23 to accept responsibility, exercise choices, and take risks. 24 (3) The service services system seeks to provide services 25 and other support that are individualized, provided to produce 26 results, flexible, and cost-effective. 27 (4) The service services system seeks to provide services 28 and other supports support in a manner which supports the 29 ability of the persons to live, learn, work, and recreate in 30 communities of their choice. 31 e. (1) For mental health service management, the county 32 may either directly implement a system of service management 33 and contract with service providers, or contract with a 34 private entity to manage the county services system, provided 35 -217- LSB 5073SV (48) 83 ec/rj 217/ 290
S.F. 2088 all requirements of this lettered paragraph are met by the 1 private entity. The mental health service management services 2 system shall incorporate a central point of coordination and 3 clinical assessment process developed in accordance with the 4 provisions of section 331.440. 5 (2) A managed care The county services system for mental 6 health proposed by a county shall include but is not limited 7 to all of the following elements which shall be specified in 8 administrative rules adopted by the state commission: 9 (a) The enrollment and eligibility process. 10 (b) The scope of services included. 11 (c) The method of plan administration. 12 (d) The process for managing utilization and access to 13 services and other assistance. 14 (e) The quality assurance process. 15 (f) The risk management provisions and fiscal viability of 16 the provisions, if the county contracts with a private managed 17 care entity. 18 f. For mental retardation and developmental disabilities 19 services management, the county must either develop and 20 implement a managed system of care which addresses a full 21 array of appropriate services and cost-effective delivery of 22 services by contracting directly with service providers or 23 contract by contracting with a state-approved managed care 24 contractor or contractors private entity to manage the county 25 services system . Any system or contract implemented under 26 this paragraph The county services system shall incorporate a 27 central point of coordination and clinical assessment process 28 developed in accordance with the provisions of section 331.440. 29 The elements of the county managed system of care a county 30 services system shall be specified in rules developed by the 31 department of human services in consultation with and adopted 32 by the state commission. 33 Sec. 424. Section 331.439, subsection 3, paragraph b, Code 34 2009, is amended to read as follows: 35 -218- LSB 5073SV (48) 83 ec/rj 218/ 290
S.F. 2088 b. Based upon information contained in county management 1 plans and budgets and proposals made by representatives of 2 counties, the state commission shall recommend an allowed 3 growth factor adjustment to the governor by November 15 4 for the fiscal year which commences two years from the 5 beginning date of the fiscal year in progress at the time the 6 recommendation is made. The allowed growth factor adjustment 7 shall may address various costs including but not limited to 8 the costs associated with new consumers of service, service 9 cost inflation, and investments for economy and efficiency. In 10 developing the service cost inflation recommendation, the state 11 commission shall consider the cost trends indicated by the 12 gross expenditure amount reported in the expenditure reports 13 submitted by counties pursuant to subsection 1, paragraph 14 “a” . The governor shall consider the state commission’s 15 recommendation in developing the governor’s recommendation for 16 an allowed growth factor adjustment for such fiscal year. The 17 governor’s recommendation shall be submitted at the time the 18 governor’s proposed budget for the succeeding fiscal year is 19 submitted in accordance with chapter 8. 20 Sec. 425. Section 331.439, subsection 7, Code 2009, is 21 amended to read as follows: 22 7. A county shall annually report data concerning the 23 county’s services system managed by in accordance with the 24 county management plan . At a minimum, the data reported shall 25 indicate the number of different individuals who utilized 26 services in a fiscal year and the various types of services. 27 Data reported under this subsection shall be submitted with 28 the county’s expenditure report required under subsection 1, 29 paragraph “a” . 30 DIVISION XXXIV 31 MH/MR/DD/BI SERVICES 32 Sec. 426. Section 225C.4, subsection 1, paragraph a, Code 33 2009, is amended to read as follows: 34 a. Prepare and administer the comprehensive mental health 35 -219- LSB 5073SV (48) 83 ec/rj 219/ 290
S.F. 2088 and disability services plan as provided in section 225C.6B, 1 including state mental health and mental retardation plans 2 for the provision of disability services within the state and 3 prepare and administer the state developmental disabilities 4 plan. The administrator shall consult with the Iowa department 5 of public health, the state board of regents or a body 6 designated by the board for that purpose, the department 7 of management or a body designated by the director of the 8 department for that purpose, the department of education, the 9 department of workforce development and any other appropriate 10 governmental body, in order to facilitate coordination of 11 disability services provided in this state. The state mental 12 health and mental retardation plans shall be consistent with 13 the state health plan, and shall incorporate county disability 14 services plans. 15 Sec. 427. Section 225C.6, subsections 1 and 3, Code 2009, 16 are amended to read as follows: 17 1. To the extent funding is available, the commission shall 18 perform the following duties: 19 a. Advise the administrator on the administration of the 20 overall state disability services system. 21 b. Adopt necessary rules pursuant to chapter 17A which 22 relate to disability programs and services, including but not 23 limited to definitions of each disability included within the 24 term “disability services” as necessary for purposes of state, 25 county, and regional planning, programs, and services. 26 c. Adopt standards for community mental health centers, 27 services, and programs as recommended under section 230A.16. 28 The commission administrator shall determine whether to grant, 29 deny, or revoke the accreditation of the centers, services, and 30 programs. 31 d. Adopt standards for the care of and services to persons 32 with mental illness and mental retardation residing in county 33 care facilities recommended under section 227.4 the provision 34 under medical assistance of individual case management 35 -220- LSB 5073SV (48) 83 ec/rj 220/ 290
S.F. 2088 services . 1 e. Unless another governmental body sets standards for a 2 service available to persons with disabilities, adopt state 3 standards for that service. The commission shall provide that 4 a service provider’s compliance with standards for a service 5 set by a nationally recognized body shall be deemed to be in 6 compliance with the state standards adopted by the commission 7 for that service. The commission shall adopt state standards 8 for those residential and community-based providers of services 9 to persons with mental illness or developmental disabilities 10 that are not otherwise subject to licensure by the department 11 of human services or department of inspections and appeals, 12 including but not limited to remedial services payable under 13 the medical assistance program and other services payable from 14 funds credited to a county mental health, mental retardation, 15 and developmental disabilities services fund created in section 16 331.424A . In addition, the The commission shall review the 17 licensing standards used by the department of human services 18 or department of inspections and appeals for those facilities 19 providing disability services to persons with mental illness 20 or developmental disabilities . 21 f. Assure that proper reconsideration and appeal procedures 22 are available to persons aggrieved by decisions, actions, or 23 circumstances relating to accreditation. 24 g. Adopt necessary rules for awarding grants from the state 25 and federal government as well as other moneys that become 26 available to the division for grant purposes. 27 h. Annually submit to the governor and the general assembly: 28 (1) A report concerning the activities of the commission. 29 (2) Recommendations formulated by the commission for 30 changes in law. 31 i. By January 1 of each odd-numbered year, submit to the 32 governor and the general assembly an evaluation of: 33 (1) The extent to which services to persons with 34 disabilities are actually available to persons in each county 35 -221- LSB 5073SV (48) 83 ec/rj 221/ 290
S.F. 2088 in the state and the quality of those services. 1 (2) The effectiveness of the services being provided by 2 disability service providers in this state and by each of the 3 state mental health institutes established under chapter 226 4 and by each of the state resource centers established under 5 chapter 222. 6 j. Advise the administrator, the council on human services, 7 the governor, and the general assembly on budgets and 8 appropriations concerning disability services. 9 k. Coordinate activities with the governor’s developmental 10 disabilities council and the mental health planning council, 11 created pursuant to federal law . Work with other state 12 agencies on coordinating, collaborating, and communicating 13 concerning activities involving persons with disabilities. 14 l. Establish standards for the provision under medical 15 assistance of individual case management services. The 16 commission shall determine whether to grant, deny, or revoke 17 the accreditation of the services. 18 m. l. Identify basic financial eligibility standards for 19 disability services. The standards shall include but are not 20 limited to the following: 21 (1) A financial eligibility standard providing that a 22 person with an income equal to or less than one hundred fifty 23 percent of the federal poverty level, as defined by the most 24 recently revised poverty income guidelines published by the 25 United States department of health and human services, is 26 eligible for disability services paid with public funding. 27 However, a county may apply a copayment requirement for a 28 particular disability service to a person with an income 29 equal to or less than one hundred fifty percent of the 30 federal poverty level, provided the disability service and 31 the copayment amount both comply with rules adopted by the 32 commission applying uniform standards with respect to copayment 33 requirements. A person with an income above one hundred fifty 34 percent of the federal poverty level may be eligible subject 35 -222- LSB 5073SV (48) 83 ec/rj 222/ 290
S.F. 2088 to a copayment or other cost-sharing arrangement subject to 1 limitations adopted in rule by the commission. 2 (2) A requirement that a person who is eligible for 3 federally funded services and other support must apply for the 4 services and support. 5 (3) Resource limitations that are derived from the federal 6 supplemental security income program limitations. A person 7 with resources above the federal supplemental security income 8 program limitations may be eligible subject to limitations 9 adopted in rule by the commission. If a person does not 10 qualify for federally funded services and other support 11 but meets income, resource, and functional eligibility 12 requirements, the following types of resources shall be 13 disregarded: 14 (a) A retirement account that is in the accumulation stage. 15 (b) A burial, medical savings, or assistive technology 16 account. 17 n. m. Identify disability services outcomes and indicators 18 to support the ability of eligible persons with a disability to 19 live, learn, work, and recreate in communities of the persons’ 20 choice. The identification duty includes but is not limited to 21 responsibility for identifying, collecting, and analyzing data 22 as necessary to issue reports on outcomes and indicators at the 23 county and state levels. 24 o. Prepare five-year plans based upon the county management 25 plans developed pursuant to section 331.439 . 26 p. Work with other state agencies on coordinating, 27 collaborating, and communicating concerning activities 28 involving persons with disabilities. 29 q. Perform analyses and other functions associated with 30 a redesign of the mental health and developmental disability 31 services systems for adults and for children. 32 3. If the executive branch creates a committee, task force, 33 council, or other advisory body to consider mental health 34 and developmental disabilities disability services policy , 35 -223- LSB 5073SV (48) 83 ec/rj 223/ 290
S.F. 2088 services, or program options involving children or adult 1 consumers, the commission is designated to receive and consider 2 any report, findings, recommendations, or other work product 3 issued by such body. The commission may address the report, 4 findings, recommendations, or other work product in fulfilling 5 the commission’s functions and to advise the department, 6 council on human services, governor, and general assembly 7 concerning disability services. 8 Sec. 428. Section 225C.6A, Code 2009, is amended to read as 9 follows: 10 225C.6A Mental health, developmental disability, and brain 11 injury service system redesign implementation . 12 1. Purpose. It is the intent of the general assembly 13 to implement a redesign of the mental health, developmental 14 disability, and brain injury service system over a period of 15 years in order to transition to a coordinated system for Iowans 16 with mental illness, mental retardation or other developmental 17 disabilities, or brain injury. Because of the significance of 18 the redesign to the persons who may be affected by it and the 19 degree of uncertainty regarding the extent of funding changes 20 necessary for implementation, the department and the commission 21 shall not implement a redesign provision through rulemaking or 22 other means unless specific statutory authority provides for 23 the provision’s implementation. 24 2. Initial activities. For the fiscal years beginning 25 July 1, 2004, and July 1, 2005, the The commission shall do 26 the following relating to redesign of the disability services 27 system in the state : 28 a. 1. Identify sources of revenue to support statewide 29 delivery of core disability services to eligible disability 30 populations. 31 b. Further develop adult disability services system redesign 32 proposals and propose a redesign of the children’s disability 33 service system. The redesign of the children’s system shall 34 address issues associated with an individual’s transition 35 -224- LSB 5073SV (48) 83 ec/rj 224/ 290
S.F. 2088 between the two systems. 1 2. Ensure there is a continuous improvement process for 2 development and maintenance of the disability services system 3 for adults and children. The process shall include but is not 4 limited to data collection and reporting provisions. 5 c. (1) 3. a. Plan, collect, and analyze data as necessary 6 to issue cost estimates for serving additional populations and 7 providing core disability services statewide. The department 8 shall maintain compliance with applicable federal and state 9 privacy laws to ensure the confidentiality and integrity of 10 individually identifiable disability services data. The 11 department shall regularly assess the status of the compliance 12 in order to assure that data security is protected. 13 (2) b. In implementing a system under this paragraph 14 “c” subsection for collecting and analyzing state, county, 15 and private contractor data, the department shall establish a 16 client identifier for the individuals receiving services. The 17 client identifier shall be used in lieu of the individual’s 18 name or social security number. The client identifier shall 19 consist of the last four digits of an individual’s social 20 security number, the first three letters of the individual’s 21 last name, the individual’s date of birth, and the individual’s 22 gender in an order determined by the department. 23 (3) c. Each county shall report to the department annually 24 on or before December 1, for the preceding fiscal year the 25 following information for each individual served: demographic 26 information, expenditure data, and data concerning the services 27 and other support provided to each individual, as specified in 28 administrative rule adopted by the commission. 29 d. With consumer input, identify and propose standardized 30 functional assessment tools and processes for use in the 31 eligibility determination process when eligibility for a 32 particular disability population group is implemented. The 33 tools and processes shall be integrated with those utilized 34 for the medical assistance program under chapter 249A . For 35 -225- LSB 5073SV (48) 83 ec/rj 225/ 290
S.F. 2088 the initial diagnostic criteria, the commission shall consider 1 identifying a qualifying functional assessment score and any 2 of the following diagnoses: mental illness, chronic mental 3 illness, mental retardation, developmental disability, or brain 4 injury. 5 e. The commission shall adopt a multiyear plan for 6 developing and providing the data, cost projections, revenue 7 requirements, and other information needed to support decision 8 making concerning redesign provisions. The information shall 9 be provided as part of the commission’s regular reports to the 10 governor and general assembly or more often as determined to be 11 appropriate by the commission. 12 f. Propose case rates for disability services. 13 g. 4. Work with county representatives and other qualified 14 persons to develop an implementation plan for replacing the 15 county of legal settlement approach to determining service 16 system funding responsibilities with an approach based upon 17 residency. The plan shall address a statewide standard for 18 proof of residency, outline a plan for establishing a data 19 system for identifying residency of eligible individuals, 20 address residency issues for individuals who began residing in 21 a county due to a court order or criminal sentence or to obtain 22 services in that county, recommend an approach for contesting 23 a residency determination, and address other implementation 24 issues. 25 Sec. 429. Section 225C.6B, subsection 1, Code 2009, is 26 amended to read as follows: 27 1. Intent. 28 a. The general assembly intends for the state to implement 29 a comprehensive, continuous, and integrated state mental 30 health and disability services plan in accordance with 31 the requirements of sections 225C.4 and 225C.6 and other 32 provisions of this chapter, by increasing the department’s 33 responsibilities in the development, funding, oversight, and 34 ongoing leadership of mental health and disability services in 35 -226- LSB 5073SV (48) 83 ec/rj 226/ 290
S.F. 2088 this state. 1 b. In order to further the purposes listed in 2 sections section 225C.1 and 225C.27 and in other provisions 3 of this chapter, the general assembly intends that efforts 4 focus on the goal of making available a comprehensive array 5 of high-quality, evidence-based consumer and family-centered 6 mental health and disability services and other support in the 7 least restrictive, community-based setting appropriate for a 8 consumer. 9 c. In addition, it is the intent of the general assembly 10 to promote policies and practices that achieve for consumers 11 the earliest possible detection of mental health problems and 12 the need for disability services and for early intervention; 13 to stress that all health care programs address mental 14 health disorders with the same urgency as physical health 15 disorders; to promote the policies of all public programs 16 that serve adults and children with mental disorders or with 17 a need for disability services , including but not limited to 18 child welfare, Medicaid, education, housing, criminal and 19 juvenile justice, substance abuse treatment, and employment 20 services; to consider the special mental health and disability 21 services needs of adults and children; and to promote recovery 22 and resiliency as expected outcomes for all consumers. 23 Sec. 430. Section 225C.6B, subsection 2, Code 2009, is 24 amended by striking the subsection and inserting in lieu 25 thereof the following: 26 2. Comprehensive plan. The division shall develop a 27 comprehensive written five-year state mental health and 28 disability services plan with annual updates and readopt 29 the plan every five years. The plan shall describe the key 30 components of the state’s mental health and disability services 31 system, including the services that are community-based, state 32 institution-based, or regional or state-based. The five-year 33 plan and each update shall be submitted annually to the 34 commission on or before October 30 for review and approval. 35 -227- LSB 5073SV (48) 83 ec/rj 227/ 290
S.F. 2088 Sec. 431. Section 225C.21, subsection 2, Code 2009, is 1 amended to read as follows: 2 2. The commission shall adopt rules pursuant to chapter 17A 3 establishing minimum standards for supported community living 4 services. The commission administrator shall determine whether 5 to grant, deny, or revoke approval for any supported community 6 living service. 7 Sec. 432. Section 225C.52, subsection 1, Code 2009, is 8 amended to read as follows: 9 1. Establishing a comprehensive community-based mental 10 health services system for children and youth is part of 11 fulfilling the requirements of the division and the commission 12 to facilitate a comprehensive, continuous, and integrated state 13 mental health and disability services plan in accordance with 14 sections 225C.4, 225C.6, and 225C.6A, and other provisions 15 of this chapter. The purpose of establishing the children’s 16 system is to improve access for children and youth with 17 serious emotional disturbances and youth with other qualifying 18 mental health disorders to mental health treatment, services, 19 and other support in the least restrictive setting possible 20 so the children and youth can live with their families 21 and remain in their communities. The children’s system is 22 also intended to meet the needs of children and youth who 23 have mental health disorders that co-occur with substance 24 abuse, mental retardation, developmental disabilities, or 25 other disabilities. The children’s system shall emphasize 26 community-level collaborative efforts between children and 27 youth and the families and the state’s systems of education, 28 child welfare, juvenile justice, health care, substance abuse, 29 and mental health. 30 Sec. 433. REPEAL. Section 225C.27, Code 2009, is repealed. 31 DIVISION XXXV 32 MH/MR/DD/BI COMMISSION AND WAIVER NAME CHANGE 33 Sec. 434. Section 225C.2, subsection 3, Code 2009, is 34 amended to read as follows: 35 -228- LSB 5073SV (48) 83 ec/rj 228/ 290
S.F. 2088 3. “Commission” means the mental health , mental retardation, 1 developmental disabilities, and brain injury and disability 2 services commission. 3 Sec. 435. Section 225C.5, subsection 1, unnumbered 4 paragraph 1, Code Supplement 2009, is amended to read as 5 follows: 6 A mental health , mental retardation, developmental 7 disabilities, and brain injury and disability 8 services commission is created as the state policy-making body 9 for the provision of services to persons with mental illness, 10 mental retardation or other developmental disabilities, 11 or brain injury. The commission’s voting members shall 12 be appointed to three-year staggered terms by the governor 13 and are subject to confirmation by the senate. Commission 14 members shall be appointed on the basis of interest and 15 experience in the fields of mental health, mental retardation 16 or other developmental disabilities, and brain injury, in a 17 manner so as to ensure adequate representation from persons 18 with disabilities and individuals knowledgeable concerning 19 disability services. The department shall provide staff 20 support to the commission, and the commission may utilize staff 21 support and other assistance provided to the commission by 22 other persons. The commission shall meet at least four times 23 per year. The membership of the commission shall consist of 24 the following persons who, at the time of appointment to the 25 commission, are active members of the indicated groups: 26 Sec. 436. Section 249A.12, subsection 4, paragraph b, Code 27 2009, is amended to read as follows: 28 b. Effective July 1, 1995, the The state shall be 29 responsible for all of the nonfederal share of medical 30 assistance home and community-based services waivers 31 for persons with mental retardation intellectual 32 disabilities services provided to minors and a county is not 33 required to reimburse the department and shall not be billed 34 for the nonfederal share of the costs of the services. 35 -229- LSB 5073SV (48) 83 ec/rj 229/ 290
S.F. 2088 Sec. 437. Section 249A.12, subsection 5, paragraph a, 1 unnumbered paragraph 1, Code 2009, is amended to read as 2 follows: 3 The mental health , mental retardation, developmental 4 disabilities, and brain injury and disability 5 services commission shall recommend to the department 6 the actions necessary to assist in the transition of 7 individuals being served in an intermediate care facility for 8 persons with mental retardation, who are appropriate for the 9 transition, to services funded under a medical assistance 10 home and community-based services waiver for persons with 11 mental retardation intellectual disabilities in a manner which 12 maximizes the use of existing public and private facilities. 13 The actions may include but are not limited to submitting any 14 of the following or a combination of any of the following 15 as a request for a revision of the medical assistance home 16 and community-based services waiver for persons with mental 17 retardation in effect as of June 30, 1996 intellectual 18 disabilities : 19 Sec. 438. Section 249A.12, subsection 5, paragraph a, 20 subparagraph (1), Code 2009, is amended to read as follows: 21 (1) Allow for the transition of intermediate care 22 facilities for persons with mental retardation licensed under 23 chapter 135C as of June 30, 1996 , to services funded under the 24 medical assistance home and community-based services waiver for 25 persons with mental retardation intellectual disabilities . The 26 request shall be for inclusion of additional persons under the 27 waiver associated with the transition. 28 Sec. 439. Section 249A.12, subsection 6, paragraphs a and b, 29 Code 2009, are amended to read as follows: 30 a. Effective July 1, 2003, the The provisions of the 31 home and community-based services waiver for persons with 32 mental retardation intellectual disabilities shall include 33 adult day care, prevocational, and transportation services. 34 Transportation shall be included as a separately payable 35 -230- LSB 5073SV (48) 83 ec/rj 230/ 290
S.F. 2088 service. 1 b. The department of human services shall seek federal 2 approval to amend the home and community-based services 3 waiver for persons with mental retardation intellectual 4 disabilities to include day habilitation services. Inclusion 5 of day habilitation services in the waiver shall take effect 6 upon receipt of federal approval and no later than July 1, 7 2004 . 8 Sec. 440. Section 423.3, subsection 18, paragraph f, 9 subparagraph (6), Code Supplement 2009, is amended to read as 10 follows: 11 (6) MR Intellectual disabilities waiver service providers, 12 described in 441 IAC 77.37. 13 Sec. 441. MENTAL HEALTH, MENTAL RETARDATION, DEVELOPMENTAL 14 DISABILITIES, AND BRAIN INJURY COMMISSION TERMINOLOGY CHANGES 15 —— CODE EDITOR’S DIRECTIVE. 16 1. Sections 230A.16, 230A.17, 230A.18, 249A.12, 331.438, 17 and 426B.4, Code 2009, and sections 249A.4, 249A.31, and 18 426B.5, Code Supplement 2009, are amended by striking the term 19 “mental health, mental retardation, developmental disabilities, 20 and brain injury commission” and inserting in lieu thereof the 21 term “mental health and disability services commission”. 22 2. This division of this Act changes the name of the mental 23 health, mental retardation, developmental disabilities, and 24 brain injury commission to the mental health and disability 25 services commission. The Code editor shall correct any 26 references to the term “mental health, mental retardation, 27 developmental disabilities, and brain injury commission” 28 anywhere else in the Iowa Code or Iowa Code Supplement, in any 29 bills awaiting codification, in this Act, and in any bills 30 enacted by the Eighty-third General Assembly, 2010 Regular 31 Session, or any extraordinary session. 32 Sec. 442. HOME AND COMMUNITY-BASED SERVICES WAIVER FOR 33 PERSONS WITH MENTAL RETARDATION TERMINOLOGY CHANGES 34 —— CODE EDITOR’S DIRECTIVE. 35 -231- LSB 5073SV (48) 83 ec/rj 231/ 290
S.F. 2088 1. Sections 135C.6, 219.1, 249A.26, and 249A.30, Code 2009, 1 are amended by striking the term “waiver for persons with 2 mental retardation” and inserting in lieu thereof the term 3 “waiver for persons with intellectual disabilities”. 4 2. This division of this Act changes the name of the home 5 and community-based services waiver for persons with mental 6 retardation under the medical assistance program to the waiver 7 for persons with intellectual disabilities. The Code editor 8 shall correct any references to the term “waiver for persons 9 with mental retardation” or other forms of the term anywhere 10 else in the Iowa Code or Iowa Code Supplement, in any bills 11 awaiting codification, in this Act, and in any bills enacted by 12 the Eighty-third General Assembly, 2010 Regular Session, or any 13 extraordinary session. 14 DIVISION XXXVI 15 CONSOLIDATION OF ADVISORY 16 BODIES —— COUNCIL ON HUMAN SERVICES 17 Sec. 443. NEW SECTION . 217.3A Advisory committees. 18 1. General. The council on human services shall establish 19 and utilize the advisory committees identified in this section 20 and may establish and utilize other advisory committees. The 21 council shall establish appointment provisions, membership 22 terms, operating guidelines, and other operational requirements 23 for committees established pursuant to this section. 24 2. Child abuse prevention. The council shall establish a 25 child abuse prevention program advisory committee to support 26 the child abuse prevention program implemented in accordance 27 with section 235A.1. The duties of the advisory committee 28 shall include all of the following: 29 a. Advise the director of human services and the 30 administrator of the division of the department of human 31 services responsible for child and family programs regarding 32 expenditures of funds received for the child abuse prevention 33 program. 34 b. Review the implementation and effectiveness of 35 -232- LSB 5073SV (48) 83 ec/rj 232/ 290
S.F. 2088 legislation and administrative rules concerning the child abuse 1 prevention program. 2 c. Recommend changes in legislation and administrative rules 3 to the general assembly and the appropriate administrative 4 officials. 5 d. Require reports from state agencies and other entities as 6 necessary to perform its duties. 7 e. Receive and review complaints from the public concerning 8 the operation and management of the child abuse prevention 9 program. 10 f. Approve grant proposals. 11 3. a. The council shall establish a child support advisory 12 committee. 13 (1) Members of the advisory committee shall include at least 14 one district judge and representatives of custodial parent 15 groups, noncustodial parent groups, the general assembly, the 16 office of citizens’ aide, the Iowa state bar association, the 17 Iowa county attorneys association, and other constituencies 18 which have an interest in child support enforcement issues, 19 appointed by the respective entity. 20 (2) The legislative members of the advisory committee shall 21 be appointed as follows: one senator each by the majority 22 leader of the senate, after consultation with the president 23 of the senate, and by the minority leader of the senate, and 24 one member of the house of representatives each by the speaker 25 of the house of representatives, after consultation with the 26 majority leader of the house of representatives, and by the 27 minority leader of the house of representatives. 28 b. The legislative members of the advisory committee shall 29 serve for terms as provided in section 69.16B. Appointments 30 shall comply with sections 69.16 and 69.16A. Vacancies shall 31 be filled by the original appointing authority and in the 32 manner of the original appointments. 33 c. The child support advisory committee shall assist the 34 department in all of the following activities: 35 -233- LSB 5073SV (48) 83 ec/rj 233/ 290
S.F. 2088 (1) Review of existing child support guidelines and 1 recommendations for revision. 2 (2) Examination of the operation of the child support system 3 to identify program improvements or enhancements which would 4 increase the effectiveness of securing parental support and 5 parental involvement. 6 (3) Recommendation of legislation which would clarify and 7 improve state law regarding support for children. 8 d. The committee shall receive input from the public 9 regarding any child support issues. 10 4. Child welfare. 11 a. The council shall establish a child welfare advisory 12 committee to advise the department of human services on 13 programmatic and budgetary matters related to the provision 14 or purchase of child welfare services. The committee shall 15 meet to review departmental budgets, policies, and programs, 16 and proposed budgets, policies, and programs, and to make 17 recommendations and suggestions to make the state child welfare 18 budget, programs, and policies more effective in serving 19 families and children. 20 b. The membership of the advisory committee shall 21 include representatives of child welfare service providers, 22 juvenile court services, the Iowa foster and adoptive parent 23 association, the child advocacy board, the coalition for 24 family and children’s services in Iowa, children’s advocates, 25 service consumers, and others who have training or knowledge 26 related to child welfare services. In addition, four members 27 shall be legislators, all serving as ex officio, nonvoting 28 members, with one each appointed by the speaker of the house 29 of representatives, the minority leader of the house of 30 representatives, the majority leader of the senate, and the 31 minority leader of the senate. The director of human services 32 and the administrator of the division of the department of 33 human services responsible for child welfare services, or their 34 designees, shall also be ex officio, nonvoting members, and 35 -234- LSB 5073SV (48) 83 ec/rj 234/ 290
S.F. 2088 shall serve as resource persons to the advisory committee. 1 Sec. 444. Section 235A.1, subsections 3 and 4, Code 2 Supplement 2009, are amended by striking the subsections. 3 Sec. 445. REPEAL. Sections 234.3 and 252B.18, Code 2009, 4 are repealed. 5 Sec. 446. IMPLEMENTATION. In establishing the child abuse 6 prevention program, child support, and child welfare advisory 7 committees and appointing members, the council on human 8 services shall consider reappointing those individuals who 9 were serving as members of the child abuse prevention advisory 10 council, the child support advisory committee, and the child 11 welfare advisory committee as of June 30, 2009. 12 DIVISION XXXVII 13 REPEAL OF HEALTH ADVISORY BODIES 14 Sec. 447. Section 135.29, subsection 3, Code 2009, is 15 amended to read as follows: 16 3. The local substitute medical decision-making board and 17 its members shall not be held liable, jointly or severally, 18 for any actions or omissions taken or made in the official 19 discharge of their duties, except those acts or omissions 20 constituting willful or wanton misconduct. A physician or 21 other health care provider who acts on a decision or directive 22 of the local substitute medical decision-making board or 23 state substitute medical decision-making board shall not be 24 held liable for any damages resulting from that act, unless 25 such physician’s or other health care provider’s actions 26 or omissions constitute negligence in the practice of the 27 profession or occupation, or willful or wanton misconduct. 28 Sec. 448. Section 136C.3, subsection 2, paragraph b, Code 29 Supplement 2009, is amended by striking the paragraph. 30 Sec. 449. Section 691.6, subsection 3, Code Supplement 31 2009, is amended to read as follows: 32 3. To adopt rules pursuant to chapter 17A, and subject to 33 the approval of the director of public health , with the advice 34 and approval of the state medical examiner advisory council . 35 -235- LSB 5073SV (48) 83 ec/rj 235/ 290
S.F. 2088 Sec. 450. REPEAL. Sections 135.28, 135N.1, 135N.2, 135N.3, 1 135N.4, 135N.5, 135N.6, and 142C.16, Code 2009, are repealed. 2 Sec. 451. ELIMINATION OF SWIMMING POOL ADVISORY 3 COMMITTEE. On or before July 1, 2010, the department of 4 public health shall no longer operate any advisory committee 5 on swimming pools created by the department for purposes of 6 chapter 135I. 7 DIVISION XXXVIII 8 DEPARTMENT OF HUMAN SERVICES —— FIELD SERVICES ORGANIZATION 9 Sec. 452. Section 217.42, subsection 1, Code 2009, is 10 amended to read as follows: 11 1. The organizational structure to deliver the department’s 12 field services shall be based upon service areas designated by 13 the department . The service areas shall serve as a basis for 14 providing field services to persons residing in the counties 15 comprising the service area. The service areas shall be those 16 designated by the department effective January 1, 2002. In 17 determining the service areas, the department shall consider 18 other geographic service areas including but not limited to 19 judicial districts and community empowerment areas. The 20 department shall consult with the county boards of supervisors 21 in a service area with respect to the selection of the service 22 area manager responsible for the service area who is initially 23 selected for the service area designated effective January 1, 24 2002, and any service area manager selected for the service 25 area thereafter. Following establishment of the service areas 26 effective January 1, 2002, if a county seeks to change the 27 boundaries of a service area, the change shall only take place 28 if the change is mutually agreeable to the department and all 29 affected counties. If it is necessary for the department to 30 significantly modify its field operations or the composition 31 of a designated service area, or if it is necessary for the 32 department to change the number of offices operating less than 33 full-time, the department shall consult with the affected 34 counties prior to implementing such action. 35 -236- LSB 5073SV (48) 83 ec/rj 236/ 290
S.F. 2088 Sec. 453. EFFECTIVE UPON ENACTMENT. This division of this 1 Act, being deemed of immediate importance, takes effect upon 2 enactment. 3 DIVISION XXXIX 4 DEPARTMENT OF HUMAN SERVICES —— FAMILY SUPPORT SUBSIDY 5 Sec. 454. Section 225C.37, Code Supplement 2009, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION . 3. Effective July 1, 2010, the department 8 shall not accept new applications for the family support 9 subsidy program and shall not approve pending applications 10 for the program. Subsidy termination or application denial 11 relating to family members enrolled in the family support 12 subsidy program as of July 1, 2010, is subject to section 13 225C.40. 14 DIVISION XL 15 DEPARTMENT OF HUMAN SERVICES —— ELECTRONIC FUNDS TRANSFER 16 PAYMENTS 17 Sec. 455. NEW SECTION . 217.24 Payment by electronic funds 18 transfer. 19 The department of human services shall continue expanding 20 the practice of making payments to program participants and 21 vendors by means of electronic funds transfer. The department 22 shall seek the capacity for making payment by such means for 23 all programs administered by the department. 24 DIVISION XLI 25 DEPARTMENT OF HUMAN SERVICES —— ADOPTION SUBSIDY PROGRAM 26 Sec. 456. ADOPTION SUBSIDY PROGRAM RATES. For the 27 fiscal year beginning July 1, 2010, the maximum payment for 28 nonrecurring expenses shall be limited to $500 and additional 29 amounts for court costs and other related legal expenses shall 30 no longer be allowed. 31 DIVISION XLII 32 GUARDIAN AD LITEM 33 Sec. 457. Section 232.2, subsection 22, paragraph b, Code 34 Supplement 2009, is amended to read as follows: 35 -237- LSB 5073SV (48) 83 ec/rj 237/ 290
S.F. 2088 b. Unless otherwise enlarged or circumscribed by a court 1 or juvenile court having jurisdiction over the child or by 2 operation of law, the The duties of a guardian ad litem with 3 respect to a child shall include be all of the following: 4 (1) Conducting in-person interviews with the child, 5 if the child’s age is appropriate for the interview, and 6 interviewing each parent, guardian, or other person having 7 custody of the child, if authorized by counsel. 8 (2) Conducting interviews with the child, if the child’s age 9 is appropriate for the interview , prior to any court-ordered 10 hearing . 11 (3) Visiting the home, residence, or both home and residence 12 of the child and any prospective home or residence of the 13 child , including each time placement is changed. 14 (4) Interviewing any person providing medical, mental 15 health, social, educational, or other services to the child , 16 before any hearing referred to in subparagraph (2) . 17 (5) Obtaining firsthand knowledge, if possible, of the 18 facts, circumstances, and parties involved in the matter in 19 which the person is appointed guardian ad litem. 20 (6) Attending any court hearings in the matter in which the 21 person is appointed as the guardian ad litem. 22 (7) If the child is required to have a transition plan 23 developed in accordance with the child’s case permanency plan 24 and subject to review and approval of a transition committee 25 under section 235.7, assisting the transition committee in 26 development of the transition plan. 27 DIVISION XLIII 28 COUNTY COMMISSIONS OF VETERAN AFFAIRS FUND 29 Sec. 458. Section 35A.16, subsection 3, paragraph a, Code 30 Supplement 2009, is amended to read as follows: 31 a. If sufficient moneys are available, the department 32 shall annually allocate ten thousand dollars to each county 33 commission of veteran affairs, or to each county sharing the 34 services of an executive director or administrator pursuant 35 -238- LSB 5073SV (48) 83 ec/rj 238/ 290
S.F. 2088 to chapter 28E, to be used to provide services to veterans 1 pursuant to section 35B.6. Each county receiving an allocation 2 shall annually report on expenditure of the allocation in a 3 form agreed to by the department and county representatives. 4 DIVISION XLIV 5 DEPARTMENT OF CORRECTIONS 6 Sec. 459. Section 904.106, Code 2009, is amended to read as 7 follows: 8 904.106 Meetings —— expenses. 9 The board shall meet at least twelve times a quarterly 10 throughout the year. Special meetings may be called by the 11 chairperson or upon written request of any three members of the 12 board. The chairperson shall preside at all meetings or in the 13 chairperson’s absence, the vice chairperson shall preside. The 14 members of the board shall be paid their actual expenses while 15 attending the meetings. Each member of the board may also be 16 able to receive compensation as provided in section 7E.6. 17 Sec. 460. Section 904.505, Code 2009, is amended by adding 18 the following new subsection: 19 NEW SUBSECTION . 4. The disciplinary rules may impose a 20 reasonable administrative fee for the filing of a report of a 21 major disciplinary rule infraction for which an inmate is found 22 guilty. A fee charged pursuant to this subsection shall be 23 deposited in the general fund of the state. 24 Sec. 461. CORRECTIONAL FACILITY CLOSURE. The department 25 of corrections shall close by October 1, 2010, the Luster 26 Heights facility, which is a satellite facility of the Anamosa 27 state penitentiary, and farm 1 and farm 3, which are satellite 28 facilities of the Iowa state penitentiary, and shall transfer 29 the inmates confined at such facilities to other institutions 30 under the control of the department of corrections. 31 DIVISION XLV 32 STATE PUBLIC DEFENDER 33 Sec. 462. Section 13B.2A, Code 2009, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -239- LSB 5073SV (48) 83 ec/rj 239/ 290
S.F. 2088 13B.2A Indigent defense —— report —— court-appointed counsel 1 fees. 2 1. The state public defender shall file a written report 3 every three years with the governor and the general assembly 4 by January 1 of a year in which a report is due relating to the 5 recommendations and activities of the state public defender 6 relating to the state indigent defense system. The first such 7 report shall be due on January 1, 2012. 8 2. The report shall contain recommendations to the general 9 assembly regarding the hourly rates paid to court-appointed 10 counsel and per case fee limitations. These recommendations 11 shall be consistent with the constitutional requirement to 12 provide effective assistance of counsel to those indigent 13 persons for whom the state is required to provide counsel. 14 Sec. 463. PUBLIC DEFENDERS. There is appropriated from the 15 general fund of the state to the office of the state public 16 defender of the department of inspections and appeals for the 17 fiscal year beginning July 1, 2010, and ending June 30, 2011, 18 the following amount, or so much thereof as is necessary, to be 19 used for the purposes designated: 20 For additional assistant local public defender positions 21 and staff, including salaries, support, maintenance, and 22 miscellaneous purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 640,000 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 25 Sec. 464. WAPELLO COUNTY LOCAL PUBLIC DEFENDER 26 OFFICE. There is appropriated from the general fund of 27 the state to the office of the state public defender of the 28 department of inspections and appeals for the fiscal year 29 beginning July 1, 2010, and ending June 30, 2011, the following 30 amount, or so much thereof as is necessary, to be used for the 31 purposes designated: 32 For establishing a local public defender office in Wapello 33 county pursuant to section 13B.8, including salaries, support, 34 maintenance, and miscellaneous purposes: 35 -240- LSB 5073SV (48) 83 ec/rj 240/ 290
S.F. 2088 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.00 2 DIVISION XLVI 3 IOWA LAW ENFORCEMENT ACADEMY 4 Sec. 465. Section 80B.11B, subsection 2, Code 2009, is 5 amended to read as follows: 6 2. The Iowa law enforcement academy may also charge the 7 department of natural resources or other and the department 8 of transportation the full costs, and any other agency or 9 department of the state, a member of a police force of a 10 city or county, or any political subdivision of the state 11 not more than one-half of the cost , of providing the basic 12 training course which is designed to meet the minimum basic 13 training requirements for a law enforcement officer. All 14 other candidates to the law enforcement academy, including a 15 candidate from a tribal government, shall pay the full costs of 16 providing the basic training requirements for a law enforcement 17 officer. 18 Sec. 466. IOWA LAW ENFORCEMENT ACADEMY —— PILOT TRAINING 19 PROGRAM —— PRIVATE SECURITY PERSONNEL. The Iowa law 20 enforcement academy, subject to the approval of the Iowa law 21 enforcement academy council, shall develop and administer a 22 pilot program consisting of training seminars for private 23 security personnel. The pilot program shall consist of fifty 24 hours of training for each of ten trainees at a cost of fifty 25 dollars per hour of training. All moneys received from the 26 training seminars shall be deposited in the general fund of the 27 state. 28 DIVISION XLVII 29 STATE GOVERNMENT EFFICIENCY REVIEW COMMITTEE 30 Sec. 467. NEW SECTION . 2.69 State government efficiency 31 review committee established. 32 1. A state government efficiency review committee is 33 established which shall meet at least every four years to 34 review the operations of state government. The committee shall 35 -241- LSB 5073SV (48) 83 ec/rj 241/ 290
S.F. 2088 meet as directed by the legislative council. 1 2. a. The committee shall consist of three members of the 2 senate appointed by the majority leader of the senate, two 3 members of the senate appointed by the minority leader of the 4 senate, three members of the house of representatives appointed 5 by the speaker of the house of representatives, and two members 6 of the house of representatives appointed by the minority 7 leader of the house of representatives. 8 b. Members shall be appointed prior to January 31 of the 9 first regular session of each general assembly and shall serve 10 for terms ending upon the convening of the following general 11 assembly or when their successors are appointed, whichever is 12 later. A vacancy shall be filled in the same manner as the 13 original appointment and shall be for the remainder of the 14 unexpired term of the vacancy. 15 c. The committee shall elect a chairperson and vice 16 chairperson. 17 3. The members of the committee shall be reimbursed for 18 actual and necessary expenses incurred in the performance 19 of their duties and shall be paid a per diem as specified 20 in section 7E.6 for each day in which they engaged in the 21 performance of their duties. However, per diem compensation 22 and expenses shall not be paid when the general assembly is 23 actually in session at the seat of government. Expenses and 24 per diem shall be paid from funds appropriated pursuant to 25 section 2.12. 26 4. The committee shall do the following: 27 a. Review and consider options for reorganizing state 28 government to improve efficiency, modernize processes, 29 eliminate duplication and outdated processes, reduce costs, and 30 increase accountability. The review shall address the expanded 31 use of the internet and other technology, and the incorporation 32 of productivity improvement measures. 33 b. Review recommendations received though a process to 34 receive state government efficiency suggestions offered by the 35 -242- LSB 5073SV (48) 83 ec/rj 242/ 290
S.F. 2088 public and public employees. 1 c. Issue a report, including its findings and 2 recommendations, to the general assembly. 3 5. The first report required by this section shall be 4 submitted to the general assembly no later than January 1, 5 2014, with subsequent reports developed and submitted by 6 January 1 at least every fourth year thereafter. 7 6. Administrative assistance shall be provided by the 8 legislative services agency. 9 DIVISION XLVIII 10 BOARDS AND COMMISSIONS —— ESTABLISHMENT CRITERIA 11 Sec. 468. NEW SECTION . 69.16D Boards and commissions —— 12 criteria for establishing. 13 1. Prior to establishing a new appointive board, 14 commission, committee, or council of the state, the general 15 assembly shall consider all of the following: 16 a. Whether there is an existing board or commission 17 that would be able to perform the duties of the new board, 18 commission, committee, or council. 19 b. The estimated annual cost of the new board, commission, 20 committee, or council, including any additional personnel costs 21 arising out of the creation of the new board, commission, 22 committee, or council. 23 c. Whether a repeal date is needed for the new board, 24 commission, committee, or council. Whenever possible, an 25 appropriate repeal date should be included. 26 2. This section shall apply to appointive boards, 27 commissions, committees, and councils of the state established 28 by the Code on or after July 1, 2010. 29 EXPLANATION 30 This bill concerns state government, and provides for 31 reorganizing government agencies, eliminating boards and 32 commissions, providing for governmental efficiencies, and 33 including other matters related to the operation of state 34 government. 35 -243- LSB 5073SV (48) 83 ec/rj 243/ 290
S.F. 2088 DIGITAL GOVERNMENT. 1 DIVISION I —— GOVERNMENT INFORMATION TECHNOLOGY SERVICES. 2 Division I concerns information technology services and 3 modifies provisions relative to information technology services 4 provided by the department of administrative services. 5 Code section 8A.111(3) is amended by striking the 6 requirement of the department to provide an annual report 7 regarding total spending on technology currently required to 8 be prepared by the technology governance board. This division 9 of the bill eliminates the board, replaces it with an advisory 10 council, and eliminates the requirement to prepare this annual 11 report. 12 Code section 8A.122, concerning the exemption granted 13 the state board of regents from obtaining services from the 14 department of administrative services without their consent, 15 is amended to eliminate this exemption as it relates to 16 information technology services. 17 Code section 8A.201 is amended to add a definition 18 for infrastructure services as it relates to information 19 technology. The bill defines infrastructure services to 20 include data centers, servers and mainframes, wide area and 21 local area networks, cybersecurity functions, and disaster 22 recovery technology. 23 Code section 8A.201(4) is amended to provide that all 24 state agencies are considered participating agencies for 25 purposes of information technology services provided by the 26 department of administrative services. Current law excludes 27 the state board of regents, public broadcasting, the state 28 department of transportation mobile radio network, the 29 department of public safety law enforcement communications 30 systems, the telecommunications and technology commission 31 with respect to information technology that is unique to the 32 Iowa communications network, the Iowa lottery authority, a 33 judicial district department of correctional services, and the 34 Iowa finance authority from the definition of a participating 35 -244- LSB 5073SV (48) 83 ec/rj 244/ 290
S.F. 2088 agency. 1 New Code section 8A.201A provides for the appointment of the 2 chief information officer (CIO). The new Code section provides 3 that the CIO shall be appointed by the governor, and shall have 4 at least five years of experience in the field of information 5 technology and a working knowledge of financial management. 6 Code section 8A.104(12), which provides that the director of 7 the department of administrative services shall serve as the 8 CIO or shall designate one, is stricken. 9 Code section 8A.202, concerning the mission, powers, 10 and duties of the department as it relates to information 11 technology, is amended to provide a process by which agencies 12 may seek a waiver for any of the requirements concerning the 13 acquisition of information technology. Generally, a waiver 14 can be granted if the requesting agency can show that a waiver 15 would be in the best interests of the state. 16 Code section 8A.203, concerning the powers and duties of 17 the director of the department as it relates to information 18 technology, is amended to provide that these powers and duties 19 are granted to the CIO in consultation with the director. The 20 section is also amended to add duties for the CIO relative to 21 operating the information technology aspects of the department, 22 rulemaking, and entering into contracts. 23 Code section 8A.204, establishing the technology governance 24 board, is amended to provide for a technology advisory council. 25 The bill establishes the membership of the council and provides 26 that the council’s primary role is to advise the CIO and the 27 department concerning information technology services. 28 Code section 8A.205, concerning digital government, is 29 amended to provide that the department shall assist agencies in 30 converting printed government materials to electronic materials 31 which can be accessed through an internet searchable database. 32 Code section 8A.207, concerning the procurement of 33 information technology, is amended to provide that the 34 department shall be the sole provider of infrastructure 35 -245- LSB 5073SV (48) 83 ec/rj 245/ 290
S.F. 2088 services to state agencies and shall develop policies 1 and procedures that apply to all information technology 2 acquisitions by state agencies. 3 Code section 8A.221, establishing the IowAccess advisory 4 council, is rewritten by the bill. The bill eliminates 5 the advisory council and provides that the department shall 6 establish IowAccess and shall have the powers relative to 7 IowAccess previously granted the IowAccess advisory council 8 relative to setting rates and approving projects. 9 Code section 8A.223, providing for an annual technology 10 audit of the electronic transmission system by which government 11 records are transmitted electronically to the public, is 12 repealed and the requirement in Code section 8A.111 to submit 13 an annual report concerning the audit is stricken. 14 The division directs the department of administrative 15 services to consult with and explore opportunities with the 16 legislative and judicial branches of government relative to the 17 providing of information technology services to those branches 18 of government. 19 This division of the bill also requires the chief 20 information officer of the state to conduct a study regarding 21 convenience fees charged by state agencies by credit or debit 22 card or other electronic means of payment. The study shall 23 determine the fees charged and the revenue generated by the 24 fees, and shall explore ways to reduce or eliminate these fees. 25 The division of the bill also directs state agencies to 26 utilize electronic mail to notify holders of permits and 27 licenses that the license or permit needs to be renewed. 28 DIVISION II —— ELECTRONIC RECORDS. Code section 7A.11A, 29 concerning reports to the general assembly, is amended to 30 eliminate the requirement that a printed copy of all reports 31 be filed with the general assembly. The requirement to file 32 reports electronically remains. 33 The division of the bill provides that the departments of 34 administrative services and cultural affairs, in consultation 35 -246- LSB 5073SV (48) 83 ec/rj 246/ 290
S.F. 2088 with the state records commission, shall conduct a study on and 1 make recommendations for the creation, storage, and retention 2 of state agency records in an electronic format and shall 3 submit a report containing the recommendations to the general 4 assembly by December 15, 2010. In conducting the study, the 5 departments shall collect and assess information from each 6 state agency that includes an inventory of each agency’s 7 records including the types of agency records as well as agency 8 records series retention and disposition schedules. The 9 assessment shall include agency records identified as having 10 permanent historical value by the state records commission. 11 The departments shall also describe in the report what 12 efficiencies and cost-saving efforts could be achieved through 13 the creation, storage, and maintenance of such records in an 14 electronic format. 15 DIVISION III —— PUBLICATION MODERNIZATION. The bill amends 16 a number of provisions which allow the legislative council 17 and the legislative services agency to control information 18 used to publish official legal publications (the Iowa Acts, 19 the Iowa Code, the Iowa administrative bulletins, the Iowa 20 administrative code, and the Iowa court rules). The bill 21 provides for their publication and official designation, 22 including production and distribution in an electronic or 23 printed form, and for their official publication date for 24 editing and revision changes. The division amends Code section 25 2A.6 which provides for the special distribution of legal 26 publications by the legislative services agency, including the 27 free distribution of official legal publications to federal, 28 state, and local governments officers, offices, or agencies. 29 The division provides that the legislative services agency must 30 make available electronic or printed versions of the official 31 legal publications to those persons, authorizes the agency 32 to charge a fee for an electronic version, and requires the 33 agency to establish policies requiring pricing for the printed 34 versions of the official legal publications. The division 35 -247- LSB 5073SV (48) 83 ec/rj 247/ 290
S.F. 2088 provides for the publication of the entire Iowa Code each 1 year or the Iowa Code and the Code Supplement in alternating 2 years. It updates provisions to conform with current practice 3 including detailing the contents of the publications. It 4 accounts for computer programming necessary to distribute 5 publications in an electronic format, and provides for citing 6 and authenticating provisions in those publications in order 7 to conform to current practice and to better accommodate 8 electronic publication. 9 The division amends provisions requiring state agencies to 10 deposit copies of state publications with the department of 11 education’s division of libraries and information services, by 12 requiring that the publications be provided in an electronic 13 format. 14 STATE BUDGETING AND PERSONNEL PRACTICES. 15 DIVISION IV —— STATE BUDGETING AND PERSONNEL. Code section 16 8.36A, concerning full-time equivalent (FTE) positions, is 17 amended to provide that state agencies shall not convert FTE 18 positions into contract positions. The bill provides that 19 the state agency can request the director of the department 20 of management to allow the conversion of an FTE to a contract 21 position if the conversion will provide comparable or increased 22 services at reduced cost. 23 Code section 8.62, concerning the use of retained reversion 24 money for employee training, is amended to provide that 25 an agency can use such reversion money for internet-based 26 training. Current law does not specify that the training be 27 internet-based. 28 Code section 8A.413 is amended to require the department of 29 administrative services to adopt merit system rules for the 30 development and operation of programs within the executive 31 branch to promote job sharing, telecommuting, and flex-time 32 employment opportunities. 33 This division of the bill also requires each judicial 34 district department of correctional services to utilize the 35 -248- LSB 5073SV (48) 83 ec/rj 248/ 290
S.F. 2088 state accounting system for tracking both appropriations and 1 expenditures, requires state agencies to budget and plan for 2 lean events, and encourages state agencies to share resources 3 and services. 4 This division also addresses state budgeting practices 5 for FY 2010-2011. Each executive branch agency is required 6 to separately track the budget and actual expenditures for 7 contract services and for employee training. The terms 8 of the contracts entered into or revised during the fiscal 9 year are required to incorporate quality assurance and cost 10 control measures. The training tracking is also required to 11 be further detailed to reflect training categories and the 12 report to address the use of electronically based training. In 13 addition, if a full-time equivalent position of a department 14 remains vacant for at least six months during FY 2010-2011, the 15 department’s FTE authorization shall be reduced accordingly and 16 the money appropriated for that FTE position shall only be used 17 for FTE positions and not any other purpose. 18 This division of the bill also directs each joint 19 appropriations subcommittee of the general assembly to conduct 20 a review of fees charged by agencies within the purview of that 21 budget subcommittee. 22 DIVISION V —— SPAN OF CONTROL. This division revises 23 provisions contained in the 2009 Iowa Acts revising state 24 human resource management requirements under the department of 25 administrative services in Code section 8A.402 for the span of 26 control of supervisory employees in the executive branch. 27 The term “supervisory employee” is defined to mean a 28 public employee who has authority, in the interest of a 29 public employer, to hire, transfer, suspend, lay off, recall, 30 promote, discharge, assign, reward, or discipline other public 31 employees, the responsibility to direct such employees, or to 32 adjust the grievances of such employees, or to effectively 33 recommend any listed action. A supervisory employee is not 34 a member of a collective bargaining unit. If a supervisory 35 -249- LSB 5073SV (48) 83 ec/rj 249/ 290
S.F. 2088 employee is being laid off as part of expanding the number 1 of employees in the ratio of supervisory employees to other 2 employees, the supervisory employee does not have the right 3 to replace or bump a junior employee not being laid off for a 4 position for which the supervisory employee is qualified. 5 Current law provides for an executive branch policy to have 6 an aggregate ratio in the number of employees per supervisory 7 employee of 14 to one by the target date of July 1, 2011. The 8 bill instead provides for a ratio of 15 to one by fiscal year 9 2011-2012, with an annual incremental increase in the ratio by 10 one until the ratio becomes 20 to one by fiscal year 2016-2017. 11 Current law allows a small agency with not more than 28 12 full-time equivalent employees to apply for an exception. 13 The bill allows an additional exception when the supervisory 14 employee ratio is subject to a federal requirement. 15 The bill also provides that if layoffs are implemented, the 16 number of middle management position layoffs are to correspond 17 to the relative number of direct service position layoffs. The 18 state system is required to improve by specifically defining 19 and accounting for supervisory employees span of control. 20 Reporting requirements are extended to cover the multiyear 21 period addressed by the bill. 22 The exemption from the span of control requirements for 23 the state board of regents, department of human services, 24 and judicial district department of correctional services is 25 removed. 26 The division takes effect upon enactment. 27 ADMINISTRATION AND REGULATION. 28 DIVISION VI —— DEPARTMENT OF ADMINISTRATIVE SERVICES —— 29 PURCHASING. Division VI of the bill concerns purchasing items 30 through and by the department of administrative services. 31 Code section 8A.302(1), concerning the purchase of items of 32 general use, is amended to eliminate the general exemption from 33 the requirement to purchase these items from the department of 34 administrative services for the department of transportation, 35 -250- LSB 5073SV (48) 83 ec/rj 250/ 290
S.F. 2088 institutions under the control of the state board of regents, 1 the department for the blind, and any other agencies otherwise 2 exempted. The division does authorize the department to allow 3 these agencies to purchase these items without utilizing the 4 department of administrative services if in the best interests 5 of the state. A corresponding change is made to Code section 6 307.21 to provide that the department of transportation 7 may utilize centralized purchasing for itself only if the 8 department of administrative services so authorizes. 9 Code section 8A.311(10), concerning the authority of 10 agencies to obtain services directly from a vendor, is amended 11 to require the agency to obtain approval from the department 12 to purchase directly from a vendor. In addition, the division 13 requires that a waiver may be granted if purchasing from a 14 vendor is more economical, and not just as economical. 15 New Code section 8A.311A provides authority to the 16 department of administrative services to require agencies to 17 purchase goods or services of general use as designated by 18 the department pursuant to a master contract established by 19 the department. The new Code section also gives governmental 20 subdivisions the option to purchase goods and services pursuant 21 to the contract. The new Code section provides that the 22 department shall establish master contracts for a particular 23 service if the department determines that a high-quality 24 good or service can be acquired by agencies and governmental 25 subdivisions at lower cost through establishment of a master 26 contract. The division provides that an agency can directly 27 purchase the item from a vendor if the department determines 28 that the agency satisfies the requirements for a direct 29 purchase otherwise provided in Code section 8A.311(10) or is 30 acquired pursuant to an existing contract. 31 This division of the bill also directs the department of 32 administrative services to require agencies to provide the 33 department of administrative services with reports about what 34 agencies plan to buy on an annual basis, require agencies to 35 -251- LSB 5073SV (48) 83 ec/rj 251/ 290
S.F. 2088 report on an annual basis about efforts to standardize products 1 and services within their own agencies and with other state 2 agencies, require employees who conduct bids for services to 3 receive training on an annual basis about procurement rules 4 and regulations and procurement best practices, identify 5 procurement compliance employees within the department of 6 administrative services, review the process and basis for 7 establishing department of administrative services fees 8 for purchasing, establish a work group to collaborate on 9 best practices to implement the best cost savings for the 10 state, explore interstate and intergovernmental purchasing 11 opportunities and encourage the legislative and judicial 12 branches to participate in consolidated purchasing and 13 efficiencies wherever possible, and to expand the use of 14 procurement cards. 15 DIVISION VII —— DEPARTMENT OF ADMINISTRATIVE SERVICES —— 16 OPERATIONS. Division VII of this bill concerns operations of 17 the department of administrative services. 18 Code section 8A.104, concerning the duties of the director 19 of the department, is amended to provide that a duty of the 20 director is to examine and develop best practices for the 21 efficient operation of government and to encourage state 22 agencies to adopt and implement these practices. 23 New Code section 8A.459 provides that all state employees, 24 by July 1, 2011, shall, unless a collective bargaining 25 agreement provides otherwise, receive their pay and allowances 26 through electronic funds transfer. The new Code section 27 allows state employees to receive their pay and allowances 28 through a paper warrant but only after paying the department 29 an administrative fee for processing such paper warrants. The 30 bill does allow the department to grant a waiver from paying 31 the administrative fee. 32 This division of the bill also requires the department of 33 administrative services to study ways to streamline the hiring 34 process for personnel within state agencies. 35 -252- LSB 5073SV (48) 83 ec/rj 252/ 290
S.F. 2088 The division also requires the department to conduct an 1 audit of real estate and leases of state government, study the 2 possibility of selling and leasing back government properties, 3 and to submit a report to the general assembly by January 1, 4 2011, concerning these audits and studies. 5 During FY 2010-2011, the division directs the department of 6 administrative services, in collaboration with the departments 7 of human services and corrections, to identify and sell real 8 property under their control that is no longer needed and will 9 maximize the return to the state. The division also directs 10 the department of administrative services to identify and sell, 11 or sell and lease back, property under their control that will 12 maximize the return to the state. In both instances, money 13 received from the sale of real property shall be deposited in 14 the general fund of the state. 15 DIVISION VIII —— ALCOHOLIC BEVERAGES DIVISION —— 16 REORGANIZATION. This division of this bill transfers the 17 alcoholic beverages division from the department of commerce 18 to the department of revenue. 19 DIVISION IX —— ALCOHOLIC BEVERAGES DIVISION —— OPERATIONS. 20 This division concerns certain operations of the alcoholic 21 beverages division. 22 This division of the bill requires the administrator of the 23 alcoholic beverages division of the department of commerce 24 to close the main state warehouse keeping alcoholic liquors 25 every Friday from July 1, 2010, until June 30, 2015, with the 26 authority to extend this closure requirement for an additional 27 fiscal year. The bill authorizes the administrator to keep the 28 warehouse open on designated Fridays if anticipated sales on 29 that Friday justify keeping the warehouse open. 30 This division also restricts the number of checks conducted 31 to ensure licensed retail establishment compliance with tobacco 32 laws, regulations, and ordinances applicable to minors to one 33 such check for the fiscal year beginning July 1, 2010, and 34 ending June 30, 2011. The division authorizes an additional 35 -253- LSB 5073SV (48) 83 ec/rj 253/ 290
S.F. 2088 check for any retail outlet found in violation during the first 1 check. The compliance checks are conducted pursuant to the 2 terms of a Code chapter 28D agreement entered into between 3 the division of tobacco use prevention and control of the 4 Iowa department of public health and the alcoholic beverages 5 division of the department of commerce. 6 DIVISION X —— ALCOHOLIC BEVERAGES DIVISION —— DIRECT 7 SHIPMENT OF WINE. This division of the bill authorizes the 8 direct shipment of wine from out-of-state wine manufacturers to 9 residents of this state under specified circumstances. 10 Current law provides that a winery licensed or permitted 11 pursuant to laws regulating alcoholic beverages in another 12 state which affords Iowa an equal reciprocal shipping privilege 13 may ship into this state by private common carrier, to a person 14 21 years of age or older, not more than 18 liters of wine 15 per month, for consumption or use by the person. This bill 16 removes the requirement or condition of reciprocity, such that 17 a wine manufacturer in any state may ship wine directly to Iowa 18 residents, subject to the terms and conditions specified in the 19 bill. 20 The bill provides that a wine manufacturer licensed or 21 permitted pursuant to laws regulating alcoholic beverages 22 in another state must obtain a wine direct shipper license 23 to directly ship wine to Iowa residents. A license may be 24 obtained upon receipt by the administrator of the alcoholic 25 beverages division of the department of commerce of a written 26 application from a wine manufacturer, accompanied by a true 27 copy of the manufacturer’s current alcoholic beverage license 28 issued in another state, and a copy of the manufacturer’s 29 winery license issued by the federal alcohol and tobacco tax 30 and trade bureau. A $25 license fee is additionally required, 31 and the bill specifies that a license may be annually renewed 32 if the information originally submitted is resubmitted each 33 year together with the $25 fee. 34 The bill imposes certain requirements and restrictions 35 -254- LSB 5073SV (48) 83 ec/rj 254/ 290
S.F. 2088 upon the direct shipment of wine. The bill provides that 1 no more than 18 liters of wine may be shipped per month by 2 a wine direct shipper licensee to an Iowa resident 21 years 3 of age or older, for the resident’s personal use and not for 4 resale. Additionally, the wine must be properly registered 5 with the federal alcohol and tobacco tax and trade bureau, and 6 manufactured on the winery premises of the wine direct shipper 7 licensee. The bill further specifies that all containers of 8 direct shipped wine must be conspicuously labeled with the 9 words CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER 10 REQUIRED FOR DELIVERY or alternative preapproved wording, and 11 that the containers be shipped by a licensed alcohol carrier. 12 The bill requires a direct shipper licensee to remit to 13 the division an amount equivalent to the $1.75 per gallon 14 wine gallonage tax for deposit in the beer and liquor control 15 fund created in Code section 123.53, and subject to the same 16 time, manner, and penalty requirements or provisions as are 17 otherwise applicable to the tax. The bill maintains sales and 18 use tax exemptions, and refund value exemptions, currently 19 applicable to reciprocal shipments of wine in Code section 20 123.187. Additionally, the bill provides that a direct shipper 21 licensee shall be deemed to have consented to the jurisdiction 22 of the division or any other agency or court in the state, and 23 that the division may perform an audit of shipping records upon 24 request. 25 The bill specifies that an alcohol carrier license shall 26 be issued subject to requirements, fees, and upon application 27 forms to be determined by the administrator by rule. An 28 alcohol carrier licensee shall not be authorized to deliver 29 wine to any person under 21 years of age, or to any person 30 who either is or appears to be in an intoxicated state or 31 condition. The bill requires a licensee to obtain valid proof 32 of identity and age prior to delivery, and the signature of an 33 adult. The bill imposes specified recordkeeping requirements 34 as a condition of maintaining an alcohol carrier license. 35 -255- LSB 5073SV (48) 83 ec/rj 255/ 290
S.F. 2088 The bill maintains the current provision that the holder of 1 a permit for the sale or manufacture and sale of wine issued 2 by the division shall be authorized under that permit to ship 3 out of state by private common carrier, to a person 21 years of 4 age or older, not more than 18 liters of wine per month, for 5 consumption or use by the person. 6 The bill subjects violators of the bill’s provisions to the 7 license suspension and revocation provisions, and civil penalty 8 provisions, otherwise applicable to permittees in Code section 9 123.39. 10 DIVISION XI —— DEPARTMENT OF HUMAN RIGHTS —— REORGANIZATION. 11 This division of this bill concerns the department of human 12 rights. The bill reorganizes the department into three 13 divisions, the new division of community advocacy and services, 14 the current division of community action agencies, and the 15 current division of criminal and juvenile justice planning. 16 The current divisions of Latino affairs, status of women, 17 persons with disabilities, deaf services, status of African 18 Americans, Iowans of Asian and Pacific Islander heritage, and 19 Native American affairs, are redesignated as offices and are 20 included within the new division of community advocacy and 21 services. The bill also provides that the administrators of 22 the various divisions of the department, currently appointed 23 by the governor, are eliminated. However, administrators 24 appointed by the department director are retained for the three 25 remaining divisions. The division does provide, however, 26 that current administrators eliminated by the division shall 27 be retained as employees of the department but shall be 28 subject to the merit system. In addition, except for the 29 commission of Native American affairs, all commissions within 30 the new division of community advocacy and services are 31 limited to seven voting members. The current human rights 32 administrative-coordinating council is stricken and replaced 33 with a human rights board. In addition, the bill reassigns 34 duties and responsibilities between the offices and commissions 35 -256- LSB 5073SV (48) 83 ec/rj 256/ 290
S.F. 2088 within the department. The various subchapters of Code chapter 1 216A are amended by the bill as follows: 2 ADMINISTRATION: 3 Code section 216A.1 is amended to establish that the 4 department consists of three new divisions, the division of 5 community advocacy and services, the division of community 6 action agencies, and the division of criminal and juvenile 7 justice planning, and renames the current divisions now 8 included within the division of community advocacy and services 9 of the department as offices. 10 Code section 216A.2, concerning the department director and 11 administrators, is amended. The bill maintains current law 12 that provides that the director of the department of human 13 rights is appointed by the governor, subject to confirmation 14 by the senate. However, the bill provides that the current 15 administrators of the various divisions of the department, 16 appointed by the governor, are eliminated. In addition, the 17 bill also provides that the department director is responsible 18 for appointing the personnel of the department. The rewritten 19 Code section also provides that the department director has 20 the authority to solicit gifts on behalf of the department, 21 commissions, or offices, and can enter into contracts, and 22 issue reports on behalf of the department. 23 Code section 216A.3, concerning the human rights 24 administrative-coordinating council, is stricken and replaced 25 with a human rights board. The new board consists of nine 26 voting members and five nonvoting members. The nine voting 27 members shall be selected by the applicable permanent 28 commissions and councils of the department and two additional 29 voting members shall be appointed by the governor. The 30 nonvoting members shall consist of the director of the 31 department and four members of the general assembly. Current 32 law provides that the administrator of each division of the 33 department is a member of the eliminated council. The bill 34 provides that the duties of the board include adopting the 35 -257- LSB 5073SV (48) 83 ec/rj 257/ 290
S.F. 2088 proposed budget for the department, adopting rules of the 1 department, and developing a comprehensive strategic plan for 2 the department. The bill also provides that any substantive 3 action taken by the board must be adopted by a two-thirds vote. 4 New Code section 216A.7 provides that the director or an 5 administrator of one of the divisions created by this bill 6 shall have access to nonconfidential information of state 7 entities that is relevant to the department upon request. 8 DIVISION OF LATINO AFFAIRS: 9 The bill renames the division of Latino affairs as the office 10 of Latino affairs and eliminates the administrator position. 11 Code section 216A.12, concerning the commission of Latino 12 affairs, is amended by the bill. The bill provides that the 13 commission shall consist of seven and not nine members, shall 14 meet at least quarterly each year, and establishes a mechanism 15 for a member not to vote on a matter in which the person has 16 a conflict of interest. Code section 216A.13, concerning the 17 organization of the commission, is rewritten to establish the 18 duties of the commission and the substance of the current Code 19 section is moved to the rewritten Code section 216A.12. 20 Code section 216A.14, concerning commission employees, is 21 stricken and rewritten by the bill. Current law granting 22 authority to the commission to employ personnel is stricken 23 as this authority is provided to the department director in 24 the bill. The rewritten Code section provides for the duties 25 of the office of Latino affairs. The bill transfers to the 26 office current duties of the commission concerning assistance 27 to state agencies and other public organizations relative to 28 Latino persons, training, and work. The bill eliminates the 29 requirement to establish a Latino information center. 30 Code section 216A.15, concerning the duties of the 31 commission on Latino affairs, is amended to strike those duties 32 transferred to the office of Latino affairs. In addition, the 33 bill also strikes the authority of the commission to adopt 34 rules. 35 -258- LSB 5073SV (48) 83 ec/rj 258/ 290
S.F. 2088 Code section 216A.16, concerning commission powers to accept 1 gifts, solicit grants, and enter into contracts, and Code 2 section 216A.17, concerning a commission biennial report, are 3 repealed by the bill. 4 DIVISION ON THE STATUS OF WOMEN: 5 The bill renames the division on the status of women as the 6 office on the status of women and eliminates the administrator 7 position. 8 Code section 216A.52, creating the commission on the status 9 of women, Code section 216A.53, concerning commission terms of 10 office, and Code section 216A.54, concerning the meetings of 11 the commission, are stricken and the Code sections rewritten 12 by the bill. 13 Rewritten Code section 216A.52 establishes the duties of 14 the office on the status of women which include some duties 15 currently assigned to the commission. The bill provides that 16 the office shall serve as the primary advocate for, and shall 17 provide assistance and information relative to, women and 18 girls. 19 Rewritten Code section 216A.53 establishes the commission. 20 Provisions of current Code sections 216A.52, 216A.53, and 21 216A.54, are modified and included in this rewritten Code 22 section. The bill changes current law by reducing the number 23 of commission members from 13 to seven, providing that all 24 members must reside in Iowa and that the commission must meet 25 at least quarterly, instead of at least six times per year. 26 The rewritten Code section also specifies what constitutes a 27 quorum, what vote is necessary for substantive action, and 28 includes a conflict of interest provision for members. 29 Rewritten Code section 216A.54 establishes the powers and 30 duties of the commission. The Code section provides that the 31 commission shall study opportunities for and changing needs 32 of women and girls, serve as a liaison between the office and 33 the public, recommend rules for the commission and office, the 34 new human rights board, and recommend proposed policies and 35 -259- LSB 5073SV (48) 83 ec/rj 259/ 290
S.F. 2088 legislation. 1 Code section 216A.55, concerning the objectives of the 2 commission, and Code section 216A.56, concerning the authority 3 of the commission to employ personnel and set the budget, are 4 repealed by the bill. 5 Code sections 216A.57 and 216A.58, concerning the duties and 6 authority of the commission, are repealed. Current law allowed 7 the commission to hold hearings, enter into contracts, and 8 accept grants of money or property. 9 Code section 216A.59, concerning access to information, 10 is repealed. The authority granted in this Code section is 11 provided to the department director and administrators of the 12 department, in new Code section 216A.7. 13 Code section 216A.60, concerning a commission annual report, 14 is repealed. 15 DIVISION OF PERSONS WITH DISABILITIES: 16 The bill renames the division of persons with disabilities 17 as the office of persons with disabilities and eliminates the 18 administrator position. 19 Code section 216A.72 is stricken and rewritten by the 20 bill to establish the duties of the office of persons with 21 disabilities. The duties currently assigned to the commission 22 of persons with disabilities and specified in current Code 23 section 216A.77, subsections 1 through 6, are modified and 24 transferred to the office. 25 Code section 216A.73, providing for ex officio members of 26 the commission, is repealed. 27 Code section 216A.74, concerning the membership of the 28 commission, is stricken and rewritten by the bill to include 29 the membership of the commission which is reduced from 24 ex 30 officio and voting members to seven voting members, the terms 31 of office, and officers of the commission, currently provided 32 in Code sections 216A.74 through 216A.76. The rewritten Code 33 section also specifies that the commission must meet at least 34 quarterly, what constitutes a quorum, what vote is necessary 35 -260- LSB 5073SV (48) 83 ec/rj 260/ 290
S.F. 2088 for substantive action, and includes a conflict of interest 1 provision for members. 2 Code section 216A.75, is stricken and rewritten by the bill, 3 to provide for the duties of the commission. The Code section 4 provides that the commission shall study opportunities for and 5 changing needs of persons with disabilities, serve as a liaison 6 between the office and the public, recommend to the new board 7 rules for the commission and office, and recommend proposed 8 policies and legislation. 9 Code section 216A.76, concerning officers of the commission, 10 and Code section 216A.77, concerning duties of the commission, 11 are repealed. 12 Code section 216A.78, concerning the administrator, and Code 13 section 216A.79, concerning acceptance of gifts and grants, are 14 repealed. 15 DIVISION OF COMMUNITY ACTION AGENCIES: 16 The bill maintains the division of community action agencies 17 as a division but modifies some of the division’s functions. 18 Code section 216A.92, concerning duties of the 19 administrator, is stricken and rewritten to provide that the 20 division shall provide assistance to implement community action 21 programs, administer low-income energy assistance block grants, 22 administer department of energy funds for weatherization, 23 implement accountability measures, and issue an annual report. 24 Code section 216A.92A, concerning the commission of 25 community action agencies, is amended to specify that the 26 commission must meet at least four times per year. 27 Code section 216A.92B, concerning the duties of the 28 commission, is rewritten by the bill. The bill provides that 29 the commission shall supervise collection of data on services 30 provided by community action agencies, serve as a liaison 31 between the division and the public, recommend to the new board 32 rules for the commission and division, and recommend proposed 33 policies and legislation. 34 Code section 216A.93, concerning establishment of community 35 -261- LSB 5073SV (48) 83 ec/rj 261/ 290
S.F. 2088 action agencies, is amended to provide that if any geographic 1 area in the state ceases to be served by a community action 2 agency, the division may assist the governor in designating an 3 agency for that area. 4 Code section 216A.101, concerning an emergency 5 weatherization fund, and Code section 216A.103, establishing an 6 Iowa affordable heating program, are repealed. 7 Code section 216A.107, concerning the family development 8 and self-sufficiency council, is amended to specify what 9 constitutes a quorum, what vote is necessary for substantive 10 action, and includes a conflict of interest provision for 11 members. 12 DIVISION OF DEAF SERVICES: 13 The bill renames the division of deaf services as the office 14 of deaf services and eliminates the administrator position. 15 Code section 216A.112, creating the commission of deaf 16 services, and Code section 216A.113, granting authority to the 17 commission to employ staff, are stricken and the Code sections 18 rewritten. 19 Rewritten Code section 216A.112 establishes the duties of 20 the office of deaf services. 21 Rewritten Code section 216A.113 creates the commission. 22 Current provisions of Code section 216A.112 are transferred 23 to this Code section which specifies that the commission must 24 meet at least quarterly, what constitutes a quorum, what vote 25 is necessary for substantive action, and includes a conflict 26 of interest provision for members. The bill provides that the 27 term of office for commission members is four years and not the 28 current three years. 29 Code section 216A.114, concerning the powers and duties 30 of the commission, is rewritten by the bill. The bill 31 provides that the commission shall study the needs of deaf 32 and hard-of-hearing people, serve as a liaison between the 33 office and the public, recommend to the new board rules for the 34 commission and office, provide input to the department director 35 -262- LSB 5073SV (48) 83 ec/rj 262/ 290
S.F. 2088 concerning the budget, and recommend proposed policies and 1 legislation. 2 Code section 216A.115, concerning the powers of the 3 commission that include the ability to accept grants and enter 4 into contracts, is repealed by the bill. 5 Code section 216A.116, concerning a report of the 6 commission, is repealed by the bill. 7 Code section 216A.117, which creates the interpretation 8 services account, is repealed by the bill. The account 9 provides moneys to deaf services for continued and expanded 10 interpretation services. 11 DIVISION OF CRIMINAL AND JUVENILE JUSTICE PLANNING: 12 The bill keeps the division of criminal and juvenile justice 13 planning. 14 New Code section 216A.131A establishes the division to 15 perform the duties required in this subchapter. 16 Code section 216A.132, concerning the criminal and juvenile 17 justice planning council, is amended to provide that the 18 council must appoint a chairperson and vice chairperson, to 19 establish what constitutes a quorum and a majority to take 20 affirmative action, and to establish a conflict of interest 21 provision for members. 22 Code section 216A.133, concerning duties of the council, is 23 amended by adding additional duties. The additional duties 24 include assisting agencies in using criminal juvenile justice 25 data, serving as a liaison between the division and the public, 26 adopting rules for the council and division, providing input to 27 the department director concerning the budget, and recommending 28 proposed policies and legislation. 29 DIVISION ON THE STATUS OF AFRICAN AMERICANS: 30 The bill renames the division on the status of African 31 Americans as the office on the status of African Americans and 32 eliminates the administrator position. 33 Code section 216A.142, concerning the commission on the 34 status of African Americans, is rewritten by the bill. The 35 -263- LSB 5073SV (48) 83 ec/rj 263/ 290
S.F. 2088 rewritten Code section reduces the number of members of the 1 commission from nine to seven, provides that the members must 2 reside in Iowa, provides for the terms of office, requires the 3 appointment of a chairperson and vice chairperson, establishes 4 quorum and majority vote requirements, and establishes a 5 conflict of interest provision for members. 6 Code section 216A.143, concerning meetings of the 7 commission, is stricken and rewritten by the bill to establish 8 the powers and duties of the commission. The bill provides 9 that the commission shall study the needs of the African 10 American community, serve as a liaison between the office and 11 the public, recommend to the new board rules for the commission 12 and office, establish advisory committees, and recommend 13 proposed policies and legislation. 14 Code section 216A.144, concerning objectives of the 15 commission, is repealed by the bill. 16 Code section 216A.145, concerning the authority of the 17 administrator, is repealed. 18 Code section 216A.146, concerning the duties of the 19 commission, is amended by the bill to establish the office on 20 the status of African Americans and provide for the duties of 21 the office. 22 Code section 216A.147, concerning additional authority for 23 the commission, Code section 216A.148, concerning access to 24 information, and Code section 216A.149, concerning an annual 25 report, are repealed by the bill. 26 DIVISION ON THE STATUS OF IOWANS OF ASIAN AND PACIFIC 27 ISLANDER HERITAGE: 28 The bill renames the division on the status of Iowans of 29 Asian and Pacific Islander heritage as the office of Asian 30 and Pacific Islander affairs and eliminates the administrator 31 position. 32 Code sections 216A.152, 216A.153, and 216A.154, concerning 33 the commission on the status of Iowans of Asian and Pacific 34 Islander heritage, are stricken and included in rewritten 35 -264- LSB 5073SV (48) 83 ec/rj 264/ 290
S.F. 2088 Code section 216A.152. The rewritten Code section reduces 1 the number of members of the commission from nine to seven, 2 and also specifies that the members must reside in Iowa, the 3 commission must meet at least quarterly, what constitutes a 4 quorum, what vote is necessary for substantive action, and 5 includes a conflict of interest provision for members. 6 Rewritten Code section 216A.153 provides for the powers 7 and duties of the commission. The bill provides that the 8 commission shall study the needs of Asian and Pacific Islanders 9 in this state, serve as a liaison between the office and the 10 public, recommend to the new board rules for the commission and 11 office, establish advisory committees, and recommend proposed 12 policies and legislation. 13 Rewritten Code section 216A.154 establishes the office of 14 Asian and Pacific Islander affairs and its duties. 15 Code section 216A.155, concerning the duties of the 16 commission, is repealed. 17 Code section 216A.156, concerning review of grant 18 applications and budget requests, Code section 216A.157, 19 concerning additional commission authority, Code section 20 216A.158, concerning employees and responsibility, Code section 21 216A.159, concerning state agency assistance, and Code section 22 216A.160, concerning an annual report, are repealed by the 23 bill. 24 DIVISION ON NATIVE AMERICAN AFFAIRS: 25 The bill renames the division on Native American affairs 26 as the office of Native American affairs and eliminates the 27 administrator position. 28 Code section 216A.162, concerning the commission on Native 29 American affairs, is amended to provide for the appointment 30 of a chairperson, quarterly meetings, compensation, what 31 constitutes a quorum, what vote is necessary for substantive 32 action, and includes a conflict of interest provision for 33 members. Code section 216A.164, concerning meetings of 34 the commission, is repealed and the substance of these Code 35 -265- LSB 5073SV (48) 83 ec/rj 265/ 290
S.F. 2088 sections incorporated in Code section 216A.162. 1 Code section 216A.165, concerning duties of the commission, 2 is rewritten to provide that the duties are studying 3 opportunities for and changing needs of Native American 4 persons, serving as a liaison between the office and the 5 public, recommending to the new board rules for the commission 6 and office, establishing advisory committees, and recommending 7 proposed policies and legislation. 8 Code section 216A.166 is amended to establish the office of 9 Native American affairs and its duties. 10 Code section 216A.167, concerning additional duties of 11 the commission, is amended by striking the authority of the 12 commission concerning the budget of the commission and office 13 and the ability to enter into contracts and accept gifts. 14 Code section 216A.168, concerning the administrator, Code 15 section 216A.169, concerning state agency assistance, and Code 16 section 216A.170, concerning an annual report, are repealed by 17 the bill. 18 The bill also establishes transition provisions relative 19 to the reorganization of the department as provided in the 20 bill. As part of these provisions, the bill provides that the 21 governor, in consultation with the director of the department 22 of human rights, establish a process to implement the 23 changes in this division relative to changes in this division 24 concerning the members of commissions and boards within the 25 department. 26 This division of this bill takes effect upon enactment. 27 DIVISION XII —— GAMBLING SETOFFS. Division XII of the bill 28 relates to the setoff of debts from gambling winnings. 29 Currently, a debtor who wins money on a wager at a racetrack, 30 excursion gambling boat, or gambling structure in this state 31 is subject to a setoff from those winnings of the amount of 32 debt owed if the winnings are equal to or greater than $10,000. 33 Division XII amends Code sections 99D.28 and 99F.19 so that 34 debtors who win $1,200 or more are subject to the setoff. 35 -266- LSB 5073SV (48) 83 ec/rj 266/ 290
S.F. 2088 DIVISION XIII —— DEPARTMENT OF MANAGEMENT —— FINANCIAL 1 ADMINISTRATION REORGANIZATION. Division XIII of the bill 2 transfers the financial administration duties of the department 3 of administrative services to the department of management. In 4 addition, the bill requires the department of management to 5 establish a centralized payroll system for all state agencies. 6 This division also requires the department of management 7 to explore the possibility of merging all state payroll 8 systems within the centralized payroll system operated by the 9 department and to provide that state employees be paid on a 10 semimonthly instead of a biweekly basis. 11 DIVISION XIV —— ADMINISTRATION AND REGULATION 12 APPROPRIATIONS. This division of the bill appropriates money to 13 the department of revenue to hire additional examiners and to 14 the department of management to create and fill an additional 15 position in the office of grants enterprise management. 16 AGRICULTURE AND NATURAL RESOURCES. 17 DIVISION XV —— ELIMINATION OF STATE ENTITIES ASSOCIATED 18 WITH THE DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP. This 19 division eliminates entities associated with the department of 20 agriculture and land stewardship. 21 RENEWABLE FUELS AND COPRODUCTS ADVISORY COMMITTEE. This 22 bill eliminates the renewable fuels and coproducts advisory 23 committee established in the department of agriculture and land 24 stewardship (Code section 159A.4). The committee consists of 25 persons heading state agencies or their designees, including 26 the department of agriculture and land stewardship, the 27 department of economic development, the state department of 28 transportation, and the office of energy independence; and 29 persons representing persons interested in renewable fuels 30 including retail motor fuel dealers, petroleum refiners, 31 farmers (with special representation for livestock producers, 32 corn growers, and soybean producers), and renewable fuel 33 producers. The committee advises the department of agriculture 34 and land stewardship and other persons regarding the production 35 -267- LSB 5073SV (48) 83 ec/rj 267/ 290
S.F. 2088 and consumption of renewable fuels and coproducts, but does not 1 control policy decisions (Code section 159A.5). Departmental 2 programs to encourage the production and consumption of 3 renewable fuels and coproducts are administered by the office 4 of renewable fuels and coproducts. 5 ORGANIC ADVISORY COUNCIL. The bill eliminates an organic 6 advisory council established within the department of 7 agriculture and land stewardship (Code section 190C.2). The 8 council is composed of persons who operate farms producing 9 organic agricultural products, operate businesses processing 10 organic agricultural products, and operate businesses handling 11 or selling organic agricultural products. It also includes 12 persons who have earned an educational degree and have 13 experience in agricultural or food science, and persons who are 14 interested in the public interest, the natural environment, 15 or consumers. The advisory council is required to assist the 16 department of agriculture and land stewardship in developing 17 policies, establishing and changing fees, providing advice, and 18 promoting organic agricultural products in compliance with the 19 state organic program (Code section 190C.2A). The department 20 retains its statutory duties and powers to administer the 21 program. 22 DIVISION XVI —— ELIMINATION OF STATE ENTITIES ASSOCIATED 23 WITH THE DEPARTMENT OF NATURAL RESOURCES’ CONTROL OF THE 24 NATURAL HABITAT. The bill eliminates entities established 25 within the department of natural resources that carry out 26 duties associated with the conservation of fish, wildlife, 27 and habitat generally under the jurisdiction of the natural 28 resource commission. 29 SUSTAINABLE NATURAL RESOURCE FUNDING ADVISORY COMMITTEE. 30 The bill eliminates the sustainable natural resource funding 31 advisory committee (2008 Iowa Acts, chapter 1080). The 32 committee is composed of state officials including the director 33 of the department of natural resources, a commissioner of a 34 soil and water conservation district, and representatives of 35 -268- LSB 5073SV (48) 83 ec/rj 268/ 290
S.F. 2088 persons interested in the natural environment, agriculture, 1 land improvement, renewable fuels, rivers, and wildlife. It 2 also includes four members of the general assembly who serve as 3 ex officio, nonvoting members. The committee is required to 4 submit a report to the general assembly in 2010. 5 The committee’s elimination takes effect upon enactment. 6 UPLAND GAME BIRD STUDY ADVISORY COMMITTEE. The bill 7 eliminates the upland game bird study advisory committee 8 established to restore sustainable and socially acceptable 9 populations of pheasants and quail in the state to maximize 10 the economic value of upland game bird hunting to Iowa’s 11 economy (2009 Iowa Acts, ch. 144, section 49). The committee 12 is composed of persons representing organizations associated 13 with conservation, farming, hunting, realty, environmental 14 protection, and land management; Iowa’s United States senators; 15 federal agencies responsible for fish and wildlife and farm 16 policy; and the department of agriculture and land stewardship, 17 the department of natural resources, the department of economic 18 development, the state department of transportation, and the 19 state soil conservation committee. It also includes four 20 members of the general assembly. The committee is required to 21 submit a final report to the governor and the general assembly 22 by January 10, 2010. 23 The committee’s elimination takes effect upon enactment. 24 DIVISION XVII —— ELIMINATION OF STATE ENTITIES ASSOCIATED 25 WITH THE DEPARTMENT OF NATURAL RESOURCES —— IOWA CLIMATE CHANGE 26 ADVISORY COUNCIL. The bill eliminates the Iowa climate change 27 advisory council established within the department of natural 28 resources (Iowa Code section 455B.851). The council consists 29 of persons engaged in academic and research institutions, 30 farming, public transit, utilities, environmental protection, 31 business, energy conservation, renewable fuel promotion, 32 local government, and alternative energy production. It also 33 includes four ex officio, nonvoting members of the general 34 assembly. The council was responsible for developing multiple 35 -269- LSB 5073SV (48) 83 ec/rj 269/ 290
S.F. 2088 scenarios designed to reduce statewide greenhouse gas emissions 1 in order to reduce such emissions by 50 percent by 2050. The 2 council was required to submit a proposal by January 1, 2009. 3 The department is still required to submit a report to the 4 governor and the general assembly regarding the greenhouse gas 5 emissions in the state during the previous calendar year and 6 forecasting trends in such emissions. 7 The council’s elimination takes effect upon enactment. 8 DIVISION XVIII —— IOWA COMPREHENSIVE PETROLEUM UNDERGROUND 9 STORAGE TANK FUND BOARD. Division XVIII relates to the 10 elimination of the Iowa comprehensive petroleum underground 11 storage tank fund board. This division transfers all 12 administrative duties of the board to the department of natural 13 resources and, in the case of approval of certain contracts 14 and duties pursuant to Code chapter 17A, to the environmental 15 protection commission. The division transfers the authority to 16 issue bonds for the Iowa comprehensive petroleum underground 17 storage tank fund from the Iowa finance authority to the 18 treasurer of state. The division makes conforming amendments. 19 The division eliminates the July 1, 2010, repeal of Code 20 sections 455G.6 and 455G.7, relating to bonding authority for 21 the Iowa comprehensive petroleum underground storage tank fund. 22 The division appropriates moneys from the Iowa comprehensive 23 petroleum underground storage tank fund to the department of 24 natural resources and to the general fund of the state. 25 ECONOMIC DEVELOPMENT. 26 DIVISION XIX —— ECONOMIC DEVELOPMENT —— COMMITTEES AND 27 COUNCILS. Division XIX of this bill relates to the duties 28 of certain boards, committees, and councils in the areas of 29 cultural affairs and economic development. The bill eliminates 30 some boards, committees, and councils and reassigns some of 31 their functions to other state governmental bodies. 32 Code section 15.108, subsection 7, paragraph “h”, provides 33 for a small business advisory council and requires the 34 department of economic development to provide assistance to it. 35 -270- LSB 5073SV (48) 83 ec/rj 270/ 290
S.F. 2088 Division XIX eliminates this council. 1 Code section 15.203 provides for the establishment of an 2 agricultural products advisory council, and Code section 3 15G.115 provides a role for this council in approving 4 applications for financial assistance under the value-added 5 agriculture component of the grow Iowa values fund. This 6 division eliminates this council and removes references to the 7 council from the provisions of the grow Iowa values fund and 8 financial assistance program. With the elimination of the 9 council, applications for assistance under the value-added 10 agriculture component of the grow Iowa values fund will be 11 considered by the due diligence committee of the economic 12 development board. 13 Code section 15.114 provides for the establishment of 14 a microenterprise development advisory committee by the 15 department of economic development. This division eliminates 16 this committee. 17 DIVISION XX —— CONSOLIDATION OF HOUSING PROGRAMS. Division 18 XX of the bill transfers authority for the administration of 19 the shelter assistance fund from the department of economic 20 development to the Iowa finance authority. 21 Division XX of the bill also directs the department of 22 economic development and the Iowa finance authority to conduct 23 a joint review of the housing-related programs they currently 24 administer, including all federal programs. The joint review 25 must include a review of all federal moneys received and spent 26 on housing programs and must identify all programs that are 27 duplicative of another program or which have purposes similar 28 to that of another program. 29 Division XX directs the department of economic development 30 and the Iowa finance authority to produce a report recommending 31 how best to transfer all responsibilities for housing-related 32 programs from the department of economic development to 33 the Iowa finance authority. The report must be submitted 34 by September 1, 2010, to the governor, the department of 35 -271- LSB 5073SV (48) 83 ec/rj 271/ 290
S.F. 2088 management, and the general assembly. 1 EDUCATION. 2 DIVISION XXI —— AREA EDUCATION AGENCIES AND 3 EDUCATION-RELATED MATTERS. This division relates to 4 area education agencies (AEAs) by changing the composition 5 of area education agency boards of directors, directs the 6 director of the department of education to provide guidance and 7 standards to AEAs for federal and state education initiatives 8 which the AEAs must implement statewide, and provides for 9 studies related to AEA funding and standards of services. 10 The bill also eliminates the education telecommunications 11 council and revises the appointment process and duties of the 12 regional telecommunications councils; eliminates the council 13 for agriculture education, and the Iowa learning technology 14 initiative; and initiates the process for withdrawal from 15 the midwestern higher education compact. Under the bill, 16 the duties of the education telecommunications council are 17 transferred to the regional telecommunications councils. 18 The bill provides that each AEA board shall be comprised 19 of at least nine members rather than the current requirement 20 of between five and nine members. The bill also requires 21 that candidates for membership on the board be nominated by 22 the school districts in the area. Under the bill, the board 23 must be comprised of at least one superintendent, a principal, 24 a regular teacher, a special education teacher, a special 25 education paraprofessional, and a parent or guardian of a 26 child requiring special education who is receiving special 27 education services from an AEA. If a person who meets these 28 qualifications is not nominated, a director district convention 29 must be called to elect a board member for that director 30 district. 31 The bill directs AEA accreditation teams to determine 32 whether the standards for statewide education initiatives 33 developed by the director have been met. The department of 34 education is directed to conduct a study of the current AEA 35 -272- LSB 5073SV (48) 83 ec/rj 272/ 290
S.F. 2088 funding system and develop alternative proposals for funding 1 the AEA system. The department must submit its report to the 2 general assembly and the governor by December 15, 2010. 3 The department of education is directed to conduct a study 4 of current and potential AEA standards of services and to 5 develop potential standards of performance aligned with the 6 standards of services which shall be a component of the AEA 7 accreditation process. The department must submit its findings 8 and recommendations in a report to the general assembly and the 9 governor by October 1, 2010. 10 The bill includes conforming provisions. 11 DIVISION XXII —— EARLY CHILDHOOD IOWA INITIATIVE. This 12 division relates to the state and local system for early care 13 by replacing the community empowerment initiative administered 14 for state purposes through the department of management with 15 the early childhood Iowa initiative administered through the 16 department of education. 17 The division enacts the early childhood Iowa initiative 18 in new Code chapter 256I to replace the community empowerment 19 initiative in Code chapter 28, which is repealed. 20 New Code section 256I.1 provides definitions. 21 New Code section 256I.2 states a set of desired results 22 for the early childhood Iowa initiative, which is essentially 23 the same as the set of desired results under the community 24 empowerment initiative. In addition, the section outlines the 25 purpose of the initiative and the roles of the state agencies 26 and communities involved with the initiative. 27 New Code section 256I.3 creates the early childhood Iowa 28 state board charged to promote the vision of a comprehensive 29 early care, education, health, and human services system 30 achieved through assuring collaboration and other coordination 31 efforts directed to the individual state and local systems 32 connected with the state agencies. The voting membership 33 consists of six state agency staff and three public members 34 and also includes four members of the general assembly serving 35 -273- LSB 5073SV (48) 83 ec/rj 273/ 290
S.F. 2088 as ex officio, nonvoting members. The six state agencies 1 represented are from the departments of economic development, 2 education, human rights, human services, public health, and 3 workforce development. 4 New Code section 256I.4 outlines the duties of the state 5 board, including authority to manage grant funding, approve 6 boundaries of early childhood Iowa areas, designate early 7 childhood Iowa area boards, implement a levels of excellence 8 rating system for use in designating area boards, and create a 9 strategic plan that implements a comprehensive system of early 10 care, education, health, and human services. 11 New Code section 256I.5 designates the department of 12 education as the lead agency for implementation of the 13 initiative and for support of the state board and the 14 comprehensive system. The early childhood coordination center 15 is created in the department with specified staff, authority 16 for designation of additional staff, and inclusion of a 17 technical assistance team consisting of staff from the other 18 state departments represented on the state board. The center 19 duties include entering into memoranda of agreement with state 20 departments and working with stakeholders to implement the 21 initiative and resolve disputes. 22 New Code section 256I.6 addresses designation of early 23 childhood Iowa areas throughout the state and includes 24 a statement of purpose, authority of the state board in 25 designating areas, criteria for designating boundaries, and 26 authority to waive the criteria. 27 New Code section 256I.7 provides for the functions of an 28 early childhood Iowa area to be performed by an area board, 29 outlines membership and other requirements, provides tort 30 liability protection, and requires compliance with laws 31 relating to open meetings and public records. 32 New Code section 256I.8 addresses the required duties 33 and optional authority for area boards. The duties include 34 designating a public entity or nonprofit corporation to serve 35 -274- LSB 5073SV (48) 83 ec/rj 274/ 290
S.F. 2088 as fiscal agent, administering grant funding, developing a 1 comprehensive community plan, and submitting an annual report 2 on the effectiveness of the plan. The optional authority 3 relates to designating committees and using other community 4 bodies to provide input. 5 New Code section 256I.9 provides for development of a school 6 ready grant program. The requirements are similar to those 7 under the school ready children grant program implemented 8 under the community empowerment initiative, including the 9 requirements for providing preschool services for at-risk 10 children, and family support and parent education services 11 for parents with very young children, approval requirements, 12 evaluation components, and a limitation on authority to carry 13 forward unused funding to the succeeding fiscal year. 14 New Code section 256I.10 requires the department of 15 education to implement an early childhood Iowa internet site to 16 disseminate information concerning the early care, education, 17 health, and human services systems and other information and a 18 link to a special internet site for parents. 19 New Code section 256I.11 creates the early childhood Iowa 20 fund and the school ready children grants account, early 21 childhood programs grants account, and first years first 22 account, as part of the fund. The department of education has 23 authority over the fund and the accounts. 24 Code chapter 28, relating to the community empowerment 25 initiative, and Code section 135.173, relating to the early 26 childhood Iowa council, are repealed. 27 This division also makes conforming amendments to replace 28 references to the Iowa empowerment initiative, Iowa empowerment 29 board, community empowerment areas, and Code chapter 28 with 30 references to the early childhood Iowa initiative, early 31 childhood Iowa state board, early childhood Iowa areas, and 32 Code chapter 256I, respectively. 33 The division may include a state mandate as defined in 34 Code section 25B.3. The division makes inapplicable Code 35 -275- LSB 5073SV (48) 83 ec/rj 275/ 290
S.F. 2088 section 25B.2, subsection 3, which would relieve a political 1 subdivision from complying with a state mandate if funding for 2 the cost of the state mandate is not provided or specified. 3 Therefore, political subdivisions are required to comply with 4 any state mandate included in the division. 5 A transition section addresses transition of community 6 empowerment initiative provisions to the early childhood Iowa 7 initiative beginning on July 1, 2010, including transition 8 of community empowerment area boards to early childhood Iowa 9 area boards, state or federal funding possessed by community 10 empowerment area boards, and administrative rules. 11 DIVISION XXIII —— HEALTH AND HUMAN SERVICES PROGRAM. This 12 division of the bill provides directives to various state 13 departments to develop and implement strategies to increase 14 efficiencies and cost savings in programs relating to health 15 and human services. The bill directs the department of human 16 services to develop and implement strategies to increase 17 efficiencies by reducing paperwork, decreasing staff time, and 18 providing more streamlined services to the public relative to 19 programs under the purview of the department. Such strategies 20 may include but are not limited to simplifying and reducing 21 duplication in eligibility determinations among programs by 22 utilizing the same eligibility processes across programs to the 23 extent allowed by federal law. The department is also directed 24 to provide a progress report to the joint appropriations 25 subcommittee on health and human services on a quarterly basis. 26 The bill also directs the departments of human services, 27 public health, corrections, and management, and any 28 other appropriate department to review the provision of 29 pharmaceuticals to populations they serve and programs under 30 their respective purview to determine efficiencies in the 31 purchase of pharmaceuticals. The departments are required to 32 develop strategies to implement efficiencies and reduce costs 33 to the state, and to also determine any changes in state law or 34 approval from the federal government necessary to implement any 35 -276- LSB 5073SV (48) 83 ec/rj 276/ 290
S.F. 2088 strategy identified. 1 DIVISION XXIV —— HOSPITAL LICENSING BOARD. The hospital 2 licensing board consults with and advises the department of 3 inspections and appeals in matters relating to the licensure of 4 hospitals, and approves rules and standards relating to such 5 licensure prior to their approval by the state board of health. 6 This division of the bill eliminates the hospital licensing 7 board. 8 Code section 135B.5 is also amended to eliminate the 9 requirement that the annual licensure fee for hospitals be 10 dedicated to support educational programs on regulatory issues 11 for hospitals. 12 DIVISION XXV —— CHILD SUPPORT. This division of the bill 13 relates to child support and directs the department of human 14 services to establish criteria and a phased-in schedule to 15 require, no later than June 30, 2015, payors of income to 16 electronically transmit the amounts withheld under an income 17 withholding order. The bill directs the department to assist 18 payors of income in complying with the required electronic 19 transmission, and to adopt rules setting forth procedures for 20 use in electronic transmission of funds, and exemption from use 21 of electronic transmission taking into consideration any undue 22 hardship electronic transmission creates for payors of income. 23 DIVISION XXVI —— FALSE CLAIMS ACT. This division the bill 24 relates to the False Claims Act. This division establishes 25 a state false claims Act to allow a procedure for the state 26 and private individuals to bring an action for fraud against 27 another person that might result in financial loss to the 28 government. The federal Deficit Reduction Act of 2005, Pub. 29 L. No. 109-171, § 6032, provided financial encouragement to 30 states to have in effect a law dealing with false or fraudulent 31 claims that meets certain federal requirements. If a state 32 has such a law in place, when recoveries are made for Medicaid 33 funds improperly paid, the share owed to the federal government 34 will be decreased by 10 percent. This provision of the federal 35 -277- LSB 5073SV (48) 83 ec/rj 277/ 290
S.F. 2088 Deficit Reduction Act took effect January 1, 2007. 1 The division provides definitions of “claim”, “employer”, 2 “knowing” or “knowingly”, and “qui tam plaintiff” which means a 3 private plaintiff who brings an action under the division on 4 behalf of the state. 5 The division provides that a person who commits certain 6 specified acts is liable to the state for three times the 7 amount of damages which the state sustains because of the act 8 of that person, and is also liable to the state for the costs 9 of a civil action brought to recover any of those penalties 10 or damages, and for a civil penalty of not less than $5,000 11 and not more than $10,000 for each violation. The prohibited 12 acts include: knowingly presenting or causing to be presented 13 to any employee, officer, or agent of the state, or to any 14 contractor, grantee, or other recipient of state funds, a 15 false or fraudulent claim for payment or approval; knowingly 16 making, using, or causing to be made or used, a false record 17 or statement to get a false or fraudulent claim paid or 18 approved; conspiring to defraud the state by getting a false 19 claim allowed or paid, or conspiring to defraud the state by 20 knowingly making, using, or causing to be made or used, a 21 false record or statement to conceal, avoid, or decrease an 22 obligation to pay or transmit money or property to the state; 23 having possession, custody, or control of public property or 24 money used or to be used by the state and knowingly delivering 25 or causing to be delivered less property than the amount for 26 which the person receives a certificate or receipt; being 27 authorized to make or deliver a document certifying receipt 28 of property used or to be used by the state and knowingly 29 making or delivering a receipt that falsely represents the 30 property used or to be used; knowingly buying or receiving 31 as a pledge of an obligation or debt, public property from 32 any person who lawfully may not sell or pledge the property; 33 knowingly making, using, or causing to be made or used, a 34 false record or statement to conceal, avoid, or decrease an 35 -278- LSB 5073SV (48) 83 ec/rj 278/ 290
S.F. 2088 obligation to pay or transmit money or property to the state; 1 and being a beneficiary of an inadvertent submission of a 2 false claim to any employee, officer, or agent of the state, 3 or to any contractor, grantee, or other recipient of state 4 funds, subsequently discovering the falsity of the claim, and 5 failing to disclose the false claim to the attorney general 6 within a reasonable time after discovery of the false claim. 7 The division provides for an assessment of a lesser amount of 8 damages under certain circumstances. 9 The division provides a process for the attorney general to 10 investigate and bring civil actions under the division. The 11 division also provides a process for a person to bring a civil 12 action for a violation of the division for the person and for 13 the state in the name of the state as a qui tam plaintiff. The 14 division provides for awards to the qui tam plaintiff, bars 15 certain actions including those brought against a member of 16 the state legislature, a member of the judicial branch, or an 17 executive branch official if the action is based on evidence 18 or information known to the attorney general when the action 19 was brought and other actions in which the state is already a 20 party. The division provides that the state is not liable for 21 expenses which a person incurs in bringing an action under the 22 bill, and provides for relief to a person who is retaliated 23 against by an employer for bringing a private action under the 24 bill. 25 The division provides that a civil action under the division 26 must be brought not more than 10 years after the date on which 27 the violation was committed, and requires the attorney general 28 or the private plaintiff to prove all essential elements of the 29 cause of action by a preponderance of the evidence. 30 The division takes effect upon enactment and is 31 retroactively applicable to January 1, 2007. 32 DIVISION XXVII —— MEDICAID PRESCRIPTION DRUGS. This 33 division of the bill relates to prescription drugs under 34 the medical assistance program by directing the department 35 -279- LSB 5073SV (48) 83 ec/rj 279/ 290
S.F. 2088 of human services to adopt rules to restrict physicians and 1 other prescribers to prescribing not more than a 72-hour or 2 three-day supply of a prescription drug not included on the 3 Medicaid preferred drug list while seeking approval to continue 4 prescribing the medication; and directing the department to 5 adopt rules to require that unless the manufacturer of a 6 chemically unique mental health prescription drug enters into a 7 contract to provide the state with a supplemental rebate, the 8 drug shall be placed on the nonpreferred drug list and subject 9 to prior authorization before a Medicaid program recipient is 10 able to obtain the drug. 11 DIVISION XXVIII —— MEDICAID DISEASE MANAGEMENT. Division 12 XXVIII of the bill relates to Medicaid disease management 13 for children and directs the department of human services 14 to design and implement a disease management program for 15 children to address the most prevalent chronic diseases among 16 children in Iowa. The program may include technology-based 17 disease management, in-person or telephonic care management, 18 self-management strategies, and health literacy education and 19 training. 20 DIVISION XXIX —— MEDICAID HOME AND COMMUNITY-BASED SERVICES 21 WAIVER PAYMENTS. This division of the bill relates to Medicaid 22 home and community-based services waiver payments by directing 23 the department of human services to evaluate payment records 24 and determine the proper mechanism to trigger a review of 25 payments for home and community-based services waiver services 26 that are in excess of the median amount for payments through 27 the waivers. Following development of the trigger mechanism, 28 the department must require advance approval for services for 29 which payment is projected to exceed the median amount. 30 DIVISION XXX —— DIVESTITURE —— MEDICAID PROGRAM. This 31 division relates to divestiture activities under the Medicaid 32 program. This division amends the definition of “transfer 33 of assets” for the purpose of eligibility for the medical 34 assistance (Medicaid) program. The division amends the 35 -280- LSB 5073SV (48) 83 ec/rj 280/ 290
S.F. 2088 definition to provide that any transfer or assignment of a 1 legal or equitable interest in property, from a transferor to 2 a transferee for less than fair consideration, made while the 3 transferor is receiving medical assistance or within five years 4 prior to application for medical assistance by the transferor, 5 is presumed to be made with the intent, on the part of not 6 only the transferee, but also the transferor; or another 7 person acting on behalf of a transferor who is an actual or 8 implied agent, guardian, attorney-in-fact, or person acting as 9 a fiduciary, of enabling the transferor to obtain or maintain 10 eligibility for medical assistance or of impacting the recovery 11 or payment of a medical assistance debt. The presumption is 12 then rebuttable only by clear and convincing evidence that 13 the transferor’s eligibility or potential eligibility for 14 Medicaid or the impact on the recovery or payment of a medical 15 assistance debt was no part of the reason of not only the 16 transferee, but any of the other parties specified for making 17 the transfer or assignment. 18 The division provides that a transfer of assets includes a 19 transfer of an interest in the transferor’s home, domicile, or 20 land appertaining to such home or domicile while the transferor 21 is receiving medical assistance, unless otherwise exempt. 22 The division amends the listing of transfers that are exempt 23 from the definition to provide that a transfer of assets that 24 would have been exempt from consideration as a resource if 25 retained by the transferor pursuant to federal law does not 26 include a transfer of the home or land appertaining to the 27 home. 28 DIVISION XXXI —— CHILD CARE ADVISORY COMMITTEE. This 29 division replaces the child care advisory council in Code 30 sections 237A.21 and 237A.22 with a child care advisory 31 committee established by the early childhood Iowa council. The 32 following changes are made from current law relating to this 33 advisory body: members are appointed by the early childhood 34 Iowa council instead of the governor and additional provisions 35 -281- LSB 5073SV (48) 83 ec/rj 281/ 290
S.F. 2088 are included for coordination between the council and the 1 new advisory committee. The division includes conforming 2 amendments reflecting the change. The council is required 3 to submit a legislation proposal to the governor and general 4 assembly specifying membership slots for the committee by 5 December 15, 2010. A contingent provision provides that if 6 the early childhood Iowa council is repealed and replaced by 7 the early childhood Iowa state board, the legislative proposal 8 requirement is to be assumed by the state board. Otherwise the 9 division takes effect July 1, 2011. 10 DIVISION XXXII —— STATE MENTAL HEALTH INSTITUTES. This 11 division relates to transfer of authority over the facilities 12 of the state mental health institute at Mount Pleasant from the 13 department of human services to the department of corrections. 14 The Code references to the state mental health institute at 15 Mount Pleasant are eliminated in Code section 218.1, relating 16 to the institutions under the control of the director of human 17 services; in Code section 219.1, collectively designating the 18 state mental health institutes and the state resource centers 19 as a single state medical institution; in Code section 226.1, 20 relating to the official designation of the state hospitals 21 for persons with mental illness; and in Code section 226.9C, 22 authorizing the operation of a dual diagnosis mental health and 23 substance abuse program using net general fund budgeting. 24 Transition provisions are included for the departments 25 of human services and corrections to work together so that 26 the administration of the state mental health institute’s 27 facilities is transferred from the department of human services 28 to the department of corrections over the course of fiscal year 29 2009-2010 and the succeeding fiscal year and is completed on 30 or before July 1, 2011. 31 The transition provisions include requirements for the 32 department of human services to revise the catchment areas 33 for state mental health institutes from four to three and to 34 transfer patients at the Mount Pleasant facility to suitable 35 -282- LSB 5073SV (48) 83 ec/rj 282/ 290
S.F. 2088 placements. Moneys appropriated to the department of human 1 services for the two state mental health institutes for fiscal 2 year 2009-2010 are to be used for patient services and the 3 department of human services administrative costs connected to 4 the transfer. 5 Administrative rules applicable to the state mental health 6 institute at Mount Pleasant in effect as of July 1, 2009, 7 are to remain in effect until completion of the transfer 8 of administration of the facilities to the department of 9 corrections. The directors of the department of human services 10 and the department of corrections are required to jointly 11 provide written notice to the legislative services agency when 12 the transfer is complete. 13 The division may include a state mandate as defined in 14 Code section 25B.3. The division makes inapplicable Code 15 section 25B.2, subsection 3, which would relieve a political 16 subdivision from complying with a state mandate if funding for 17 the cost of the state mandate is not provided or specified. 18 Therefore, political subdivisions are required to comply with 19 any state mandate included in the division. 20 DIVISION XXXIII —— MH/MR/DD/BI COMMISSION DUTIES. This 21 division provides general amendments associated with the 22 commission in Code chapters other than Code chapter 225C. 23 Code section 135C.23, relating to requirements for admission 24 to a health care facility (defined to include residential care 25 facilities, nursing facilities, intermediate care facilities 26 for persons with mental illness, and intermediate care 27 facilities for persons with mental retardation), is amended to 28 eliminate a requirement for the department of inspections and 29 appeals to coordinate with the commission in the adoption of 30 rules. The affected rules require programs for health care 31 facilities that admit patients or have residents with a history 32 of dangerous or disturbing behavior. 33 Code section 229.24, relating to the confidentiality 34 requirements for involuntary hospitalization proceedings, 35 -283- LSB 5073SV (48) 83 ec/rj 283/ 290
S.F. 2088 is amended to eliminate the use of a form prescribed by the 1 commission when the clerk of court provides information to 2 counties concerning the commitment of an individual when the 3 costs of the individual’s care are chargeable to a county. 4 Code section 230A.2, relating to the services offered by 5 a community mental health center, is amended to eliminate a 6 reference to the commission in defining services included in 7 the comprehensive mental health and developmental disability 8 services plan addressed by the bill in Code section 225C.6B. 9 Code section 230A.15, relating to requirements for a 10 comprehensive community mental health program, is amended to 11 include a reference to the comprehensive plan addressed by the 12 bill. 13 Code section 331.424A, establishing the county mental 14 health, mental retardation, and developmental disabilities 15 (MH/MR/DD) services funds, is amended to provide for adoption 16 of rules by the commission and issuance of forms by the county 17 finance committee in accordance with those rules. The forms 18 are to allow for reporting of services for persons with brain 19 injury and other optional services funded through a services 20 fund. 21 Code section 331.438, relating to county MH/MR/DD services 22 expenditures and the county and state planning associated with 23 the expenditures, is amended to strike a reference to the 24 expenditure reporting forms. In addition, the bill reduces the 25 number of duties for the commission enumerated in that section 26 from 16 to six. 27 Code section 331.439, relating to county eligibility 28 for state property tax relief and allowed growth funding in 29 connection with MH/MR/DD services, is amended to address 30 several issues. A requirement that the director of human 31 services consult with the commission when the director 32 determines various qualifications are met by counties is 33 eliminated. A reference to forms in a reporting requirement 34 is eliminated. Terminology references to county services 35 -284- LSB 5073SV (48) 83 ec/rj 284/ 290
S.F. 2088 are revised to incorporate the term “services system”. A 1 limitation in current law authorizing county services to be 2 contracted out to a managed care contractor is replaced with 3 authority to contract with any state-approved private entity. 4 Certain costs are made optional instead of being required to 5 be addressed by the allowed growth adjustment factor annually 6 recommended by the commission to the governor. 7 DIVISION XXXIV —— MH/MR/DD/BI SERVICES. This division 8 amends Code chapter 225C, relating to the services and other 9 support available to a person with mental illness, mental 10 retardation, developmental disabilities, or brain injury 11 (MI/MR/DD/BI), defined by the Code chapter as “disability 12 services”. 13 Code section 225C.4, relating the duties of the 14 administrator of the division of mental health and 15 disability services, is amended to include a reference to the 16 comprehensive plan addressed by the bill. 17 Code section 225C.6, relating to the duties of the 18 commission, is amended to reorganize the list of duties. In 19 addition, the bill shifts responsibility from the commission to 20 the department of human services’ mental health and disability 21 services administrator for determining whether to grant, deny, 22 or revoke service provider accreditations. The commission 23 retains responsibility for adopting the standards used. An 24 existing requirement for the commission to coordinate with 25 other bodies is expanded to include the mental health planning 26 council and other state agencies generally. 27 Code section 225C.6A, relating to a service system redesign 28 the commission worked on in fiscal years 2004-2005 and 29 2005-2006, is amended to eliminate obsolete language and to 30 make various planning responsibilities permanent. Pursuant to 31 Code section 225C.6B, as amended in the bill, the commission is 32 required to develop a comprehensive five-year plan for mental 33 health and all disability services. The plan is to be revised 34 every five years and updated annually. 35 -285- LSB 5073SV (48) 83 ec/rj 285/ 290
S.F. 2088 Code section 225C.21, relating to supported community 1 services, is amended to shift the provider accreditation 2 determination responsibility from the commission to the 3 department’s division administrator. 4 Code section 225C.52, relating to the mental health services 5 system for children, is amended to include a reference to the 6 comprehensive plan responsibility included in the bill. 7 The bill repeals Code section 225C.27, the purpose section 8 of the bill of rights and service quality standards of 9 persons with mental retardation, developmental disabilities, 10 brain injury, or chronic mental illness. The Code section 11 requires the commission to adopt rules to promote and encourage 12 fulfillment of the individual due process and participation 13 in planning rights provisions of the bill of rights in Code 14 section 225C.28B. 15 DIVISION XXXV —— MH/MR/DD/BI COMMISSION AND WAIVER NAME 16 CHANGE. This division changes the name of the mental health, 17 mental retardation, developmental disabilities, and brain 18 injury commission to the mental health and disability services 19 commission and the name of the home and community-based 20 services waiver for persons with mental retardation under the 21 medical assistance program to the waiver for persons with 22 intellectual disabilities. Various specific Code provisions 23 are addressed and the Code editor is authorized to make these 24 changes in other provisions. 25 DIVISION XXXVI —— CONSOLIDATION OF ADVISORY BODIES —— 26 COUNCIL ON HUMAN SERVICES. This division eliminates the 27 following bodies: the child abuse prevention program advisory 28 council (Code section 235A.1), the child support advisory 29 committee (Code section 252B.18), and the child welfare 30 advisory committee (Code section 234.3), and reauthorizes these 31 bodies as advisory committees established by the council on 32 human services. In establishing the advisory committees and 33 appointing members, the council on human services is required 34 to consider reappointing those individuals who were serving as 35 -286- LSB 5073SV (48) 83 ec/rj 286/ 290
S.F. 2088 members of these bodies as of June 30, 2009. Corrections are 1 made to the Code references to the bodies. 2 DIVISION XXXVII —— REPEAL OF HEALTH ADVISORY BODIES. This 3 division eliminates the following bodies: the hemophilia 4 advisory council (Code chapter 135N), the state medical 5 examiner advisory council (Code section 691.6C), and the state 6 substitute medical decision-making board (Code section 135.28). 7 The department of public health is required to no longer 8 operate an advisory committee on swimming pools created by the 9 department. 10 DIVISION XXXVIII —— DEPARTMENT OF HUMAN SERVICES —— FIELD 11 SERVICES ORGANIZATION. This division relates to the field 12 services organization for the department of human services 13 under Code section 217.42, providing for service areas to be 14 designated by the department. 15 The division eliminates other language limiting the field 16 services organization to the service areas designated as of 17 January 1, 2002, requiring consideration of other geographic 18 service areas, requiring consultation with county boards of 19 supervisors regarding selection of service area managers, 20 providing a procedure for counties seeking to change the 21 boundaries of a service area, and requiring consultation with 22 affected counties if it is necessary for the department to 23 significantly modify service areas or related operations. 24 The division takes effect upon enactment. 25 DIVISION XXXIX —— DEPARTMENT OF HUMAN SERVICES —— FAMILY 26 SUPPORT SUBSIDY. This division prohibits the department of 27 human services, effective July 1, 2010, from accepting new 28 applications for the family support subsidy program and from 29 approving pending applications. Existing provisions under 30 Code section 225C.40 remain applicable regarding termination 31 or denial of a subsidy for existing program participants. 32 These provisions include death of the participant, eligibility 33 criteria are no longer met, the participant attains age 18, and 34 reporting requirements are not met. 35 -287- LSB 5073SV (48) 83 ec/rj 287/ 290
S.F. 2088 DIVISION XL —— DEPARTMENT OF HUMAN SERVICES —— ELECTRONIC 1 FUNDS TRANSFER PAYMENTS. This division directs the department 2 of human services to continue expanding the practice of making 3 payments to program participants and vendors by means of 4 electronic funds transfer. A goal is provided in new Code 5 section 217.24 for the department having the capacity for 6 making payment by such means for all departmental programs. 7 DIVISION XLI —— DEPARTMENT OF HUMAN SERVICES —— ADOPTION 8 SUBSIDY PROGRAM. This division provides that for the 9 fiscal year beginning July 1, 2010, the maximum payment for 10 nonrecurring expenses is limited to $500 and additional amounts 11 for court costs and other related legal expenses will no longer 12 be allowed. 13 DIVISION XLII —— GUARDIAN AD LITEM. This division amends 14 the duties listed for a “guardian ad litem” under Code section 15 232.2, which provides definitions used in the juvenile justice 16 code. A guardian ad litem is a person appointed by the court, 17 generally an attorney, to represent the interests of a child 18 in any judicial proceeding to which the child is a party. The 19 bill narrows the duties to only attending court hearings, 20 eliminates the requirement for an in-person interview of the 21 child prior to a court hearing, and provides that required 22 interviews no longer have to be conducted before court 23 hearings. 24 DIVISION XLIII —— COUNTY COMMISSIONS OF VETERAN AFFAIRS 25 FUND. This division amends Code section 35A.16, relating to 26 $10,000 grants provided to county veteran affairs commissions. 27 Each county receiving a grant is required to annually report on 28 expenditure of the grant. 29 JUSTICE SYSTEM. 30 DIVISION XLIV —— DEPARTMENT OF CORRECTIONS. The division at 31 Code section 904.106 is amended to reduce the minimum number of 32 required meetings of the board of corrections from 12 meetings 33 per year to quarterly meetings per year. 34 Code section 904.505 is amended to allow the department of 35 -288- LSB 5073SV (48) 83 ec/rj 288/ 290
S.F. 2088 corrections to impose an administrative fee for the filing of 1 a report of a major disciplinary rule infraction for which an 2 inmate is found guilty. The fee shall be deposited in the 3 general fund of the state. 4 This division also closes, by October 1, 2010, the Luster 5 Heights facility and the farm 1 and farm 3 facilities of the 6 department of corrections and transfers the inmates confined at 7 such facilities to other institutions under the control of the 8 department of corrections. 9 DIVISION XLV —— STATE PUBLIC DEFENDER. The indigent defense 10 advisory commission makes recommendations regarding the 11 hourly rates paid to court-appointed counsel and per case fee 12 limitations. The commission issues a report every three years. 13 The division eliminates the commission and requires the state 14 public defender to prepare the reports. 15 This division appropriates moneys to the office of the state 16 public defender of the department of inspections and appeals 17 for 10 additional local public defender and staff positions. 18 The division also appropriates moneys to the office of the 19 state public defender for establishing a local public defender 20 office in Wapello county pursuant to Code section 13B.8. 21 DIVISION XLVI —— IOWA LAW ENFORCEMENT ACADEMY. This 22 division of the bill requires the Iowa law enforcement 23 academy to charge the department of natural resources and the 24 department of transportation the entire cost of providing the 25 basic training course for law enforcement officers. Under 26 current law, the academy may charge a state agency not more 27 than one-half the cost of the basic training course. 28 Division XLVI of this bill provides that the Iowa law 29 enforcement academy, subject to the approval of the Iowa law 30 enforcement academy council, shall develop and administer a 31 pilot program consisting of training seminars for private 32 security personnel, consisting of 50 hours of training for each 33 of 10 trainees at a cost of $50 per hour of training. The 34 moneys received from the training seminars are required to be 35 -289- LSB 5073SV (48) 83 ec/rj 289/ 290
S.F. 2088 deposited in the general fund of the state. 1 MISCELLANEOUS PROVISIONS. 2 DIVISION XLVII —— STATE GOVERNMENT EFFICIENCY REVIEW 3 COMMITTEE. This division of this bill establishes a state 4 government efficiency review committee which shall meet at 5 least every four years to review the operations of state 6 government. The committee shall consist of five members of the 7 senate and five members of the house of representatives who 8 shall be appointed prior to January 31 of the first regular 9 session of each general assembly. The committee shall meet as 10 directed by the legislative council. The division provides 11 that the committee review and consider options for reorganizing 12 state government to improve efficiency, modernize processes, 13 eliminate duplication and outdated processes, reduce costs, and 14 increase accountability. The bill requires the committee, as 15 enacted by this bill, to issue its first report by January 1, 16 2014, and at least every fourth year thereafter. 17 DIVISION XLVIII —— BOARDS AND COMMISSIONS —— ESTABLISHMENT 18 CRITERIA. This division creates new Code section 69.16D which 19 provides that, prior to establishing a new board or commission, 20 the general assembly shall consider whether an existing board 21 or commission can perform the duties of the new board or 22 commission, the estimated cost of the new board or commission, 23 and whether a repeal date is needed for the new board or 24 commission. 25 -290- LSB 5073SV (48) 83 ec/rj 290/ 290