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
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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,
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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
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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:
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(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
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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.
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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.
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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
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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
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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
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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.
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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
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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:
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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:
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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.
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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:
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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
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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
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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
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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
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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,
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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:
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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,
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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,
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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.
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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
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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,
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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
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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
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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,
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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.
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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,
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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
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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(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
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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(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
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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
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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
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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.
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(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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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
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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
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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
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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
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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
,
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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
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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
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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
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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.
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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:
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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.
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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
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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
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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
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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:
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(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
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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
.
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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.
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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:
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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
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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:
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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:
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
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
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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
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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.
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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
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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
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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
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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
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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
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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
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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,
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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.
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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
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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.
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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
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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
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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.
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