Senate
Study
Bill
3030
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
APPEL)
A
BILL
FOR
An
Act
concerning
state
government
reorganization
and
1
efficiency,
making
appropriations,
establishing
fees,
2
establishing
criminal
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
information
29
networks,
storage
systems,
redundant
or
backup
power
systems,
30
redundant
data
communications
connections,
environmental
31
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
fields
2
of
information
technology
and
financial
management.
The
3
chief
information
officer
shall
not
be
a
member
of
any
local,
4
state,
or
national
committee
of
a
political
party,
an
officer
5
or
member
of
a
committee
in
any
partisan
political
club
or
6
organization,
or
hold
or
be
a
candidate
for
a
paid
elective
7
public
office.
The
chief
information
officer
is
subject
to
the
8
restrictions
on
political
activity
provided
in
section
8A.416.
9
Sec.
10.
Section
8A.202,
subsection
2,
paragraph
g,
Code
10
2009,
is
amended
to
read
as
follows:
11
g.
Coordinating
and
managing
the
acquisition
of
information
12
technology
services
by
participating
agencies
in
furtherance
of
13
the
purposes
of
this
chapter.
The
department
shall
institute
14
procedures
to
ensure
effective
and
efficient
compliance
15
with
the
applicable
standards
established
pursuant
to
this
16
subchapter.
This
subchapter
shall
not
be
construed
to
prohibit
17
or
limit
a
participating
agency
from
entering
into
an
agreement
18
or
contract
for
information
technology
with
a
qualified
private
19
entity.
20
Sec.
11.
Section
8A.202,
Code
2009,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
4A.
Waivers.
23
a.
The
department
shall
adopt
rules
allowing
for
24
participating
agencies
to
seek
a
temporary
or
permanent
waiver
25
from
any
of
the
requirements
of
this
subchapter
concerning
26
the
acquisition
of
information
technology.
The
rules
shall
27
provide
that
a
waiver
may
be
granted
upon
a
written
request
by
28
a
participating
agency
and
approval
of
the
chief
information
29
officer.
A
waiver
shall
only
be
approved
if
one
of
the
30
following
applies:
31
(1)
The
participating
agency
shows
that
it
can
obtain
or
32
provide
the
information
technology
more
economically
than
the
33
information
technology
can
be
provided
by
the
department.
For
34
purposes
of
determining
if
the
participating
agency
can
obtain
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or
provide
the
information
technology
more
economically,
the
1
department
shall
consider
the
impact
on
other
participating
2
agencies
if
the
waiver
is
approved
or
denied.
3
(2)
The
participating
agency
shows
that
a
waiver
would
be
in
4
the
best
interests
of
the
state.
5
b.
Prior
to
approving
or
denying
a
request
for
a
waiver,
the
6
department
shall
consider
all
of
the
following:
7
(1)
Whether
the
waiver
would
violate
any
state
or
federal
8
law;
or
any
published
policy,
standard,
or
requirement
9
established
by
a
governing
body
other
than
the
department.
10
(2)
Whether
the
waiver
would
result
in
the
duplication
of
11
existing
services,
resources,
or
support.
12
(3)
Whether
the
waiver
would
obstruct
the
state’s
13
information
technology
strategic
plan,
enterprise
architecture,
14
security
plans,
or
any
other
information
technology
policy,
15
standard,
or
requirement.
16
(4)
Whether
the
waiver
would
result
in
excessive
17
expenditures
or
expenditures
above
market
rates.
18
(5)
The
life
cycle
of
the
system
or
application
for
which
19
the
waiver
is
requested.
20
c.
Rules
adopted
pursuant
to
this
subsection
relating
to
a
21
request
for
a
waiver,
at
a
minimum,
shall
provide
for
all
of
22
the
following:
23
(1)
The
request
shall
be
in
writing
and
signed
by
the
head
24
of
the
participating
agency
seeking
the
waiver.
25
(2)
The
request
shall
include
a
reference
to
the
specific
26
policy,
standard,
or
requirement
for
which
the
waiver
is
27
submitted.
28
(3)
The
request
shall
include
a
statement
of
facts
including
29
a
description
of
the
problem
or
issue
prompting
the
request;
30
the
participating
agency’s
preferred
solution;
an
alternative
31
approach
to
be
implemented
by
the
participating
agency
intended
32
to
satisfy
the
waived
policy,
standard,
or
requirement;
the
33
business
case
for
the
alternative
approach;
the
economic
34
justification
for
the
waiver
or
a
statement
as
to
why
the
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waiver
is
in
the
best
interests
of
the
state;
the
time
period
1
for
which
the
waiver
is
requested;
and
any
other
information
2
deemed
appropriate.
3
Sec.
12.
Section
8A.203,
unnumbered
paragraph
1,
Code
2009,
4
is
amended
to
read
as
follows:
5
The
chief
information
officer,
in
consultation
with
6
the
director
,
shall
do
all
of
the
following
as
it
relates
to
7
information
technology
services:
8
Sec.
13.
Section
8A.203,
Code
2009,
is
amended
by
adding
the
9
following
new
subsections:
10
NEW
SUBSECTION
.
6.
Coordinate
the
internal
operations
11
of
the
department
as
they
relate
to
information
technology
12
and
develop
and
implement
policies
and
procedures
designed
to
13
ensure
the
efficient
administration
of
the
department
as
they
14
relate
to
information
technology.
15
NEW
SUBSECTION
.
7.
Recommend
to
the
director
for
adoption
16
rules
deemed
necessary
for
the
administration
of
this
17
subchapter
in
accordance
with
chapter
17A.
18
NEW
SUBSECTION
.
8.
Enter
into
contracts
for
the
receipt
and
19
provision
of
services
as
deemed
necessary.
20
NEW
SUBSECTION
.
9.
Exercise
and
perform
such
other
21
powers
and
duties
related
to
information
technology
as
may
be
22
delegated
by
the
director
or
as
may
be
prescribed
by
law.
23
Sec.
14.
Section
8A.204,
Code
2009,
is
amended
by
striking
24
the
section
and
inserting
in
lieu
thereof
the
following:
25
8A.204
Technology
advisory
council.
26
1.
Definitions.
For
purposes
of
this
section,
unless
the
27
context
otherwise
requires:
28
a.
“Large
agency”
means
a
participating
agency
with
more
29
than
seven
hundred
full-time,
year-round
employees.
30
b.
“Medium-sized
agency”
means
a
participating
agency
with
31
at
least
seventy
or
more
full-time,
year-round
employees,
but
32
not
more
than
seven
hundred
permanent
employees.
33
c.
“Small
agency”
means
a
participating
agency
with
less
34
than
seventy
full-time,
year-round
employees.
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2.
Membership.
1
a.
The
technology
advisory
council
is
composed
of
ten
2
members
as
follows:
3
(1)
The
chief
information
officer.
4
(2)
The
director
of
the
department
of
management,
or
the
5
director’s
designee.
6
(3)
Eight
members
appointed
by
the
governor
as
follows:
7
(a)
Three
representatives
from
large
agencies.
8
(b)
Two
representatives
from
medium-sized
agencies.
9
(c)
One
representative
from
a
small
agency.
10
(d)
Two
public
members
who
are
knowledgeable
and
have
11
experience
in
information
technology
matters.
12
b.
(1)
Members
appointed
pursuant
to
paragraph
“a”
,
13
subparagraph
(3),
shall
serve
two-year
staggered
terms.
The
14
department
shall
provide,
by
rule,
for
the
commencement
of
the
15
term
of
membership
for
the
nonpublic
members.
The
terms
of
16
the
public
members
shall
be
staggered
at
the
discretion
of
the
17
governor.
18
(2)
Sections
69.16,
69.16A,
and
69.19
shall
apply
to
the
19
public
members
of
the
council.
20
(3)
Public
members
appointed
by
the
governor
are
subject
to
21
senate
confirmation.
22
(4)
Public
members
appointed
by
the
governor
may
be
eligible
23
to
receive
compensation
as
provided
in
section
7E.6.
24
(5)
Members
shall
be
reimbursed
for
actual
and
necessary
25
expenses
incurred
in
performance
of
the
members’
duties.
26
(6)
A
director,
deputy
director,
or
chief
financial
officer
27
of
an
agency
is
preferred
as
an
appointed
representative
28
for
each
of
the
agency
categories
of
membership
pursuant
to
29
paragraph
“a”
,
subparagraph
(3).
30
c.
The
technology
advisory
council
annually
shall
elect
a
31
chair
and
a
vice
chair
from
among
the
members
of
the
council,
32
by
majority
vote,
to
serve
one-year
terms.
33
d.
A
majority
of
the
members
of
the
council
shall
constitute
34
a
quorum.
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e.
Meetings
of
the
council
shall
be
held
at
the
call
of
the
1
chairperson
or
at
the
request
of
three
members.
2
3.
Powers
and
duties
of
the
council.
The
powers
and
3
duties
of
the
technology
advisory
council
as
they
relate
to
4
information
technology
services
shall
include
but
are
not
5
limited
to
all
of
the
following:
6
a.
Advise
the
chief
information
officer
in
developing
and
7
adopting
information
technology
standards
pursuant
to
sections
8
8A.203
and
8A.206
applicable
to
all
agencies.
9
b.
Make
recommendations
to
the
chief
information
officer
10
regarding
all
of
the
following:
11
(1)
Technology
utility
services
to
be
implemented
by
the
12
department
or
other
agencies.
13
(2)
Improvements
to
information
technology
service
14
levels
and
modifications
to
the
business
continuity
plan
for
15
information
technology
operations
developed
by
the
department
16
for
agencies,
and
to
maximize
the
value
of
information
17
technology
investments
by
the
state.
18
(3)
Technology
initiatives
for
the
executive
branch.
19
c.
Advise
the
chief
information
officer
regarding
rates
to
20
be
charged
for
access
to
and
for
value-added
services
performed
21
through
IowAccess.
22
Sec.
15.
Section
8A.205,
subsection
2,
paragraph
f,
Code
23
2009,
is
amended
by
striking
the
paragraph
and
inserting
in
24
lieu
thereof
the
following:
25
f.
Assist
participating
agencies
in
converting
printed
26
government
materials
to
electronic
materials
which
can
be
27
accessed
through
an
internet
searchable
database.
28
Sec.
16.
Section
8A.206,
subsection
1,
Code
2009,
is
amended
29
to
read
as
follows:
30
1.
The
department,
in
conjunction
after
consultation
with
31
the
technology
governance
board
advisory
council
,
shall
develop
32
and
adopt
information
technology
standards
applicable
to
the
33
procurement
of
information
technology
by
all
participating
34
agencies.
Such
standards,
unless
waived
by
the
department
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pursuant
to
section
8A.202,
subsection
4A
,
shall
apply
to
all
1
information
technology
procurements
for
participating
agencies.
2
Sec.
17.
Section
8A.207,
Code
2009,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
2A.
The
department
shall
develop
policies
5
and
procedures
that
apply
to
all
information
technology
goods
6
and
services
acquisitions,
and
shall
ensure
the
compliance
7
of
all
participating
agencies.
The
department
shall
also
be
8
the
sole
provider
of
infrastructure
services
for
participating
9
agencies.
10
Sec.
18.
Section
8A.221,
Code
2009,
is
amended
by
striking
11
the
section
and
inserting
in
lieu
thereof
the
following:
12
8A.221
IowAccess
——
duties
and
responsibilities.
13
1.
IowAccess.
The
department
shall
establish
IowAccess
as
14
a
service
to
the
citizens
of
this
state
that
is
the
gateway
15
for
one-stop
electronic
access
to
government
information
and
16
transactions,
whether
federal,
state,
or
local.
Except
as
17
provided
in
this
section,
IowAccess
shall
be
a
state-funded
18
service
providing
access
to
government
information
and
19
transactions.
The
department,
in
establishing
the
fees
for
20
value-added
services,
shall
consider
the
reasonable
cost
of
21
creating
and
organizing
such
government
information
through
22
IowAccess.
23
2.
Duties.
The
department
shall
do
all
of
the
following:
24
a.
Establish
rates
to
be
charged
for
access
to
and
for
25
value-added
services
performed
through
IowAccess.
26
b.
Approve
and
establish
the
priority
of
projects
27
associated
with
IowAccess.
The
determination
may
also
include
28
requirements
concerning
funding
for
a
project
proposed
by
29
a
political
subdivision
of
the
state
or
an
association,
30
the
membership
of
which
is
comprised
solely
of
political
31
subdivisions
of
the
state.
Prior
to
approving
a
project
32
proposed
by
a
political
subdivision,
the
department
shall
33
verify
that
all
of
the
following
conditions
are
met:
34
(1)
The
proposed
project
provides
a
benefit
to
the
state.
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(2)
The
proposed
project,
once
completed,
can
be
shared
1
with
and
used
by
other
political
subdivisions
of
the
state,
as
2
appropriate.
3
(3)
The
state
retains
ownership
of
any
final
product
or
is
4
granted
a
permanent
license
to
the
use
of
the
product.
5
c.
Establish
expected
outcomes
and
effects
of
the
use
of
6
IowAccess
and
determine
the
manner
in
which
such
outcomes
are
7
to
be
measured
and
evaluated.
8
d.
Establish
the
IowAccess
total
budget
request
and
9
ensure
that
such
request
reflects
the
priorities
and
goals
of
10
IowAccess
as
established
by
the
department.
11
e.
Advocate
for
access
to
government
information
and
12
services
through
IowAccess
and
for
data
privacy
protection,
13
information
ethics,
accuracy,
and
security
in
IowAccess
14
programs
and
services.
15
f.
Receive
status
and
operations
reports
associated
with
16
IowAccess.
17
3.
Data
purchasing.
This
section
shall
not
be
construed
18
to
impair
the
right
of
a
person
to
contract
to
purchase
19
information
or
data
from
the
Iowa
court
information
system
20
or
any
other
governmental
entity.
This
section
shall
not
be
21
construed
to
affect
a
data
purchase
agreement
or
contract
in
22
existence
on
April
25,
2000.
23
Sec.
19.
Section
8A.224,
subsection
1,
Code
Supplement
24
2009,
is
amended
to
read
as
follows:
25
1.
An
IowAccess
revolving
fund
is
created
in
the
state
26
treasury.
The
revolving
fund
shall
be
administered
by
the
27
department
and
shall
consist
of
moneys
collected
by
the
28
department
as
fees,
moneys
appropriated
by
the
general
29
assembly,
and
any
other
moneys
obtained
or
accepted
by
the
30
department
for
deposit
in
the
revolving
fund.
The
proceeds
31
of
the
revolving
fund
are
appropriated
to
and
shall
be
used
32
by
the
department
to
maintain,
develop,
operate,
and
expand
33
IowAccess
consistent
with
this
subchapter,
and
for
the
support
34
of
activities
of
the
technology
governance
board
advisory
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council
pursuant
to
section
8A.204.
1
Sec.
20.
REPEAL.
Section
8A.223,
Code
2009,
is
repealed.
2
Sec.
21.
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
INFORMATION
3
TECHNOLOGY
——
UTILIZATION
BY
LEGISLATIVE
AND
JUDICIAL
4
BRANCH.
The
department
of
administrative
services
shall
5
consult
with
and
explore
opportunities
with
the
legislative
6
and
judicial
branches
of
government
relative
to
the
providing
7
of
information
technology
services
to
those
branches
of
8
government.
9
Sec.
22.
CHIEF
INFORMATION
OFFICER
——
CONVENIENCE
FEE
10
STUDY.
The
chief
information
officer
of
the
state
shall
11
conduct
a
study
concerning
convenience
or
other
handling
fees
12
charged
by
state
agencies
by
credit
or
debit
card
or
other
13
electronic
means
of
payment.
The
goal
of
the
study
would
be
to
14
encourage
the
elimination
of
such
fees
wherever
possible.
The
15
department
shall
determine
the
extent
and
amount
of
the
fees
16
charged,
revenues
generated
by
those
fees,
and
explore
ways
to
17
reduce
or
eliminate
the
fees.
The
chief
information
officer
18
shall
submit
a
report
to
the
general
assembly
by
January
15,
19
2011,
concerning
the
results
of
the
study,
including
any
20
recommendations
for
legislative
consideration.
21
Sec.
23.
STATE
AGENCY
ELECTRONIC
RENEWAL
NOTICES.
State
22
agencies,
as
defined
in
section
8A.101,
should,
to
the
greatest
23
extent
possible,
utilize
electronic
mail
or
similar
electronic
24
means
to
notify
holders
of
licenses
or
permits
issued
by
that
25
state
agency
that
the
license
or
permit
needs
to
be
renewed.
26
The
chief
information
officer
of
the
state
shall
assist
state
27
agencies
in
implementing
the
directive
in
this
section.
28
DIVISION
II
29
ELECTRONIC
RECORDS
30
Sec.
24.
Section
7A.11A,
Code
2009,
is
amended
to
read
as
31
follows:
32
7A.11A
Reports
to
the
general
assembly.
33
All
reports
required
to
be
filed
with
the
general
assembly
by
34
a
state
department
or
agency
shall
be
filed
by
delivering
one
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printed
copy
and
one
copy
in
electronic
format
as
prescribed
by
1
the
secretary
of
the
senate
and
the
chief
clerk
of
the
house.
2
Sec.
25.
STUDY
——
CREATION,
STORAGE,
AND
RETENTION
OF
3
ELECTRONIC
RECORDS
——
STATE
AGENCIES.
The
departments
of
4
administrative
services
and
cultural
affairs,
in
consultation
5
with
the
state
records
commission,
shall
conduct
a
study
on
and
6
make
recommendations
for
the
creation,
storage,
and
retention
7
of
state
agency
records
in
an
electronic
format
and
shall
8
submit
a
report
containing
the
recommendations
to
the
general
9
assembly
by
December
15,
2010.
In
conducting
the
study,
the
10
departments
shall
collect
and
assess
information
from
each
11
state
agency
that
includes
an
inventory
of
each
agency’s
12
records
including
the
types
of
agency
records
as
well
as
agency
13
records
series
retention
and
disposition
schedules.
The
14
assessment
shall
include
agency
records
identified
as
having
15
permanent
historical
value
by
the
state
records
commission.
16
The
departments
shall
also
describe
in
the
report
what
17
efficiencies
and
cost-saving
efforts
could
be
achieved
through
18
the
creation,
storage,
and
maintenance
of
such
records
in
an
19
electronic
format.
20
DIVISION
III
21
PUBLICATION
MODERNIZATION
22
Sec.
26.
Section
2.42,
subsection
13,
Code
2009,
is
amended
23
to
read
as
follows:
24
13.
To
establish
policies
with
regard
to
the
publishing
25
of
printed
and
electronic
versions
of
legal
publications
26
as
provided
in
chapters
2A
and
2B,
including
the
Iowa
27
administrative
code,
the
Iowa
administrative
bulletin,
the
28
Iowa
Code,
the
Iowa
Code
Supplement,
and
the
Iowa
Acts
Acts,
29
Iowa
Code,
Code
Supplement,
Iowa
administrative
bulletin,
30
Iowa
administrative
code,
and
Iowa
court
rules
,
or
any
part
31
of
those
publications.
The
publishing
policies
may
include,
32
but
are
not
limited
to:
the
style
and
format
to
be
used;
the
33
frequency
of
publication;
the
contents
of
the
publications;
34
the
numbering
system
systems
to
be
used
in
the
Iowa
Code,
the
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Iowa
Code
Supplement,
and
the
Iowa
Acts
;
the
preparation
of
1
editorial
comments
or
notations;
the
correction
of
errors;
2
the
type
of
print
or
electronic
media
and
data
processing
3
software
to
be
used;
the
number
of
printed
volumes
to
be
4
published;
recommended
revisions
of
the
Iowa
Code,
the
Iowa
5
Code
Supplement,
and
the
Iowa
Acts
;
the
letting
of
contracts
6
for
the
publication
of
the
Iowa
administrative
code,
the
Iowa
7
administrative
bulletin,
the
Iowa
court
rules,
the
Iowa
Code,
8
the
Iowa
Code
Supplement,
and
the
Iowa
Acts
;
the
pricing
of
9
the
publications
to
which
section
22.3
does
not
apply;
access
10
to,
and
the
use,
reproduction,
legal
protection,
sale
or
11
distribution,
and
pricing
of
related
data
processing
software
12
consistent
with
chapter
22;
and
any
other
matters
deemed
13
necessary
to
the
publication
of
uniform
and
understandable
14
publications.
15
Sec.
27.
Section
2A.1,
subsection
2,
paragraph
d,
Code
2009,
16
is
amended
to
read
as
follows:
17
d.
Publication
of
the
official
legal
publications
of
18
the
state,
including
but
not
limited
to
the
Iowa
Acts,
Iowa
19
Code,
Iowa
Code
Supplement,
Iowa
Acts,
Iowa
court
rules,
Iowa
20
administrative
bulletin,
and
Iowa
administrative
code
,
and
21
Iowa
court
rules
as
provided
in
chapter
2B.
The
legislative
22
services
agency
shall
do
all
of
the
following:
23
(1)
Designate
a
legal
publication
described
in
chapter
2B
as
24
an
official
legal
publication.
The
legislative
services
agency
25
may
also
designate
a
legal
publication
as
an
unofficial
legal
26
publication.
The
legislative
services
agency
may
use
the
great
27
seal
of
the
state
of
Iowa
as
provided
in
section
1A.1
or
other
28
symbol
to
identify
an
official
or
unofficial
legal
publication.
29
(2)
Provide
for
citing
official
legal
publications
as
30
provided
in
chapter
2B.
31
Sec.
28.
Section
2A.5,
subsection
1,
Code
2009,
is
amended
32
to
read
as
follows:
33
1.
The
legislative
services
agency
shall
publish
the
34
official
legal
publications
of
the
state
as
provided
in
chapter
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2B.
The
legislative
services
agency
shall
have
legal
custody
of
1
the
publications
and
shall
provide
for
the
warehousing,
sale,
2
and
distribution
of
the
publications.
The
legislative
services
3
agency
shall
retain
or
cause
to
be
retained
a
number
of
old
4
editions
of
the
publications
but
may
otherwise
distribute
or
5
cause
to
be
distributed
old
editions
of
the
publications
to
any
6
person
upon
payment
by
the
person
of
any
distribution
costs.
7
This
section
and
chapter
2B
do
not
require
the
legislative
8
services
agency
to
publish
a
publication
in
both
a
printed
and
9
electronic
version.
10
Sec.
29.
Section
2A.5,
subsection
2,
paragraph
b,
Code
2009,
11
is
amended
to
read
as
follows:
12
b.
The
Iowa
Code
Supplement.
13
Sec.
30.
Section
2A.5,
subsection
3,
Code
2009,
is
amended
14
to
read
as
follows:
15
3.
The
legislative
services
agency
shall
in
each
16
odd-numbered
year
compile
for
publication
and
distribute
in
17
odd-numbered
years
a
printed
or
electronic
version
of
the
Iowa
18
official
register
for
distribution
as
soon
as
practicable
.
19
The
register
shall
contain
historical,
political,
and
other
20
information
and
statistics
of
general
value
but
shall
not
21
contain
information
or
statistics
of
a
partisan
character.
The
22
print
printed
and
electronic
versions
of
the
register
need
23
not
contain
the
same
information
and
statistics
but
shall
be
24
published
to
provide
the
greatest
access
to
such
information
25
and
statistics
at
the
most
reasonable
cost
as
determined
by
the
26
legislative
services
agency.
The
different
versions
of
the
27
register
may
be
distributed
free
of
charge,
may
be
distributed
28
free
of
charge
except
for
postage
and
handling
charges,
or
29
may
be
sold
at
a
price
to
be
established
by
the
legislative
30
services
agency.
31
Sec.
31.
Section
2A.5,
Code
2009,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
6.
Subject
to
section
2.42,
the
legislative
34
services
agency
shall
determine
its
payment
procedures
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associated
with
publishing,
distributing,
and
selling
printed
1
or
electronic
versions
of
publications.
The
legislative
2
services
agency
may
create
a
publications
revolving
fund
3
in
the
state
treasury
under
the
control
of
the
legislative
4
services
agency
to
defray
costs
associated
with
publishing,
5
distributing,
and
selling
printed
or
electronic
versions
of
6
publications
as
the
legislative
services
agency
determines
7
appropriate.
Payment
procedures
may
include
crediting
all
or
8
part
of
moneys
received
from
the
sale
of
publications
into
the
9
revolving
fund.
10
Sec.
32.
Section
2B.5,
subsections
1
and
2,
Code
2009,
11
are
amended
by
striking
the
subsections
and
inserting
in
lieu
12
thereof
the
following:
13
1.
Publish
the
Iowa
administrative
bulletin
and
the
Iowa
14
administrative
code
as
provided
in
section
2B.5A.
15
2.
Publish
the
Iowa
court
rules
as
provided
in
section
16
2B.5B.
17
Sec.
33.
Section
2B.5,
subsection
3,
Code
2009,
is
amended
18
to
read
as
follows:
19
3.
Cause
to
be
published
annually
a
Publish
annually
an
20
electronic
or
printed
edition
of
the
roster
of
state
officials.
21
The
roster
of
state
officials
shall
include
a
correct
list
of
22
state
officers
and
deputies;
members
of
boards
and
commissions;
23
justices
of
the
supreme
court,
judges
of
the
court
of
appeals,
24
and
judges
of
the
district
courts
including
district
associate
25
judges
and
judicial
magistrates;
and
members
of
the
general
26
assembly.
The
office
of
the
governor
shall
cooperate
in
the
27
preparation
of
the
list.
28
Sec.
34.
NEW
SECTION
.
2B.5A
Iowa
administrative
bulletin
29
and
Iowa
administrative
code.
30
1.
The
legislative
services
agency
shall
control
and
31
maintain
in
a
secure
electronic
repository
custodial
32
information
used
to
produce
the
Iowa
administrative
bulletin
33
and
the
Iowa
administrative
code.
34
2.
In
consultation
with
the
administrative
rules
35
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coordinator,
the
administrative
code
editor
shall
prescribe
1
a
uniform
style
and
form
required
for
a
person
filing
a
2
document
for
publication
in
the
Iowa
administrative
bulletin
3
or
the
Iowa
administrative
code,
including
but
not
limited
4
to
a
rulemaking
document.
A
rulemaking
document
includes
a
5
notice
of
intended
action
as
provided
in
section
17A.4
or
an
6
adopted
rule
for
filing
as
provided
in
section
17A.5.
The
7
rulemaking
document
shall
correlate
each
rule
to
the
uniform
8
numbering
system
established
by
the
administrative
code
editor.
9
The
administrative
code
editor
shall
provide
for
electronic
10
publication
of
the
Iowa
administrative
bulletin
and
the
Iowa
11
administrative
code.
The
administrative
code
editor
shall
12
review
all
submitted
documents
for
style
and
form
and
notify
13
the
administrative
rules
coordinator
if
a
rulemaking
document
14
is
not
in
proper
style
or
form,
and
may
return
or
revise
a
15
document
which
is
not
in
proper
style
and
form.
The
style
16
and
form
prescribed
shall
require
that
a
rulemaking
document
17
include
a
reference
to
the
statute
which
the
rules
are
intended
18
to
implement.
19
3.
a.
The
administrative
code
editor
may
omit
from
the
Iowa
20
administrative
bulletin
or
the
Iowa
administrative
code
any
21
document
for
publication
in
the
Iowa
administrative
bulletin
or
22
the
Iowa
administrative
code,
if
the
administrative
code
editor
23
determines
that
its
publication
would
be
unduly
cumbersome,
24
expensive,
or
otherwise
inexpedient.
The
person
filing
the
25
document
for
publication
shall
provide
the
administrative
26
code
editor
with
an
electronic
version
of
the
document.
The
27
administrative
code
editor
shall
publish
the
document
on
the
28
general
assembly’s
internet
site,
and
publish
a
notice
in
the
29
Iowa
administrative
bulletin
or
the
Iowa
administrative
code
30
stating
the
specific
subject
matter
of
the
omitted
document
and
31
how
the
omitted
document
may
be
accessed.
32
b.
The
administrative
code
editor
shall
omit
or
cause
to
be
33
omitted
from
the
Iowa
administrative
code
any
rule
or
portion
34
of
a
rule
nullified
by
the
general
assembly
pursuant
to
Article
35
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_____
III,
section
40,
of
the
Constitution
of
the
State
of
Iowa.
1
4.
The
administrative
code
editor
who
receives
a
2
publication
from
an
agency
because
the
publication
is
3
referenced
in
the
Iowa
administrative
bulletin
or
Iowa
4
administrative
code
shall
make
the
publication
available
to
the
5
public
pursuant
to
section
17A.6.
6
5.
The
administrative
code
editor
shall
publish
the
Iowa
7
administrative
bulletin
in
accordance
with
section
2.42
at
8
least
every
other
week,
unless
the
administrative
code
editor
9
and
the
administrative
rules
review
committee
determine
10
that
an
alternative
publication
schedule
is
preferable.
The
11
administrative
code
editor
shall
provide
for
the
arrangement
of
12
the
contents
of
the
Iowa
administrative
bulletin.
13
a.
The
Iowa
administrative
bulletin
shall
contain
all
of
the
14
following:
15
(1)
Rulemaking
documents,
including
notices
of
intended
16
action
as
provided
in
section
17A.4,
and
rules
adopted
and
17
effective
immediately
upon
filing
and
rules
adopted
and
filed
18
as
provided
in
section
17A.5.
19
(2)
Resolutions
nullifying
administrative
rules
passed
by
20
the
general
assembly
pursuant
to
Article
III,
section
40
of
the
21
Constitution
of
the
State
of
Iowa.
22
(3)
All
proclamations
and
executive
orders
of
the
governor
23
which
are
general
and
permanent
in
nature.
24
(4)
Other
materials
deemed
fitting
and
proper
by
the
25
administrative
rules
review
committee.
26
(5)
Items
required
to
be
published
by
statute.
27
(6)
A
comprehensive
method
to
search
and
identify
its
28
contents.
An
electronic
version
may
include
search
and
29
retrieval
programming
and
index.
30
b.
The
Iowa
administrative
bulletin
may
contain
all
of
the
31
following:
32
(1)
A
preface.
33
(2)
A
rulemaking
schedule.
34
(3)
The
agenda
for
the
next
meeting
of
the
administrative
35
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_____
rules
review
committee
as
provided
in
section
17A.8,
if
1
available.
2
(4)
A
schedule
of
known
public
hearings.
3
(5)
A
list
of
agencies
referenced
by
agency
identification
4
number.
5
6.
The
administrative
code
editor
shall
publish
the
Iowa
6
administrative
code
in
accordance
with
section
2.42
at
least
7
every
other
week,
unless
the
administrative
code
editor
and
8
the
administrative
rules
review
committee
determine
that
an
9
alternative
publication
schedule
is
preferable.
However,
the
10
legislative
services
agency
may
publish
supplements
in
lieu
of
11
the
Iowa
administrative
code.
The
administrative
code
editor
12
shall
provide
for
the
arrangement
of
the
Iowa
administrative
13
code.
14
a.
The
Iowa
administrative
code
shall
include
all
of
the
15
following:
16
(1)
Rules
of
general
application
adopted
and
filed
with
17
the
administrative
code
editor
by
state
agencies.
However,
18
the
administrative
code
editor
may
delete
a
rule
from
the
Iowa
19
administrative
code
if
the
agency
that
adopted
the
rule
has
20
ceased
to
exist,
no
successor
agency
has
jurisdiction
over
the
21
rule,
and
no
statutory
authority
exists
supporting
the
rule.
22
(2)
A
comprehensive
method
to
search
and
identify
its
23
contents,
including
rules.
24
(a)
An
electronic
version
may
include
search
and
retrieval
25
programming
and
index.
26
(b)
A
print
edition
may
include
an
index.
27
b.
The
Iowa
administrative
code
may
include
all
of
the
28
following:
29
(1)
A
preface.
30
(2)
Uniform
rules
on
agency
procedure.
31
Sec.
35.
NEW
SECTION
.
2B.5B
Iowa
court
rules.
32
1.
The
legislative
services
agency
shall
control
and
33
maintain
in
a
secure
electronic
repository
custodial
34
information
used
to
produce
the
Iowa
court
rules.
35
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_____
2.
The
administrative
code
editor,
upon
direction
by
1
the
Iowa
supreme
court
and
in
accordance
with
the
policies
2
of
the
legislative
council
pursuant
to
section
2.42
and
the
3
legislative
services
agency
pursuant
to
section
2A.1,
shall
4
prescribe
a
uniform
style
and
form
required
for
filing
a
5
document
for
publication
in
the
Iowa
court
rules.
The
document
6
shall
correlate
each
rule
to
the
uniform
numbering
system.
7
The
administrative
code
editor
shall
provide
for
electronic
8
publication
of
the
Iowa
court
rules.
The
administrative
code
9
editor
shall
review
all
submitted
documents
for
style
and
form
10
and
notify
the
Iowa
supreme
court
if
a
rulemaking
document
11
is
not
in
proper
style
or
form,
and
may
return
or
revise
a
12
document
which
is
not
in
proper
style
and
form.
13
3.
a.
The
administrative
code
editor
shall
publish
the
14
Iowa
court
rules
in
accordance
with
section
2.42.
However,
the
15
legislative
services
agency
may
publish
supplements
in
lieu
of
16
the
Iowa
court
rules.
The
administrative
code
editor
shall
17
provide
for
arrangement
of
the
Iowa
court
rules
in
consultation
18
with
the
Iowa
supreme
court.
19
b.
The
Iowa
court
rules
shall
include
all
of
the
following:
20
(1)
Rules
prescribed
by
the
supreme
court,
which
may
include
21
the
Iowa
rules
of
civil
procedure,
the
Iowa
rules
of
criminal
22
procedure,
the
Iowa
rules
of
evidence,
the
Iowa
rules
of
23
appellate
procedure,
the
Iowa
rules
of
professional
conduct,
24
and
the
Iowa
code
of
judicial
conduct.
25
(2)
A
comprehensive
method
to
search
and
identify
its
26
contents,
including
court
rules.
27
(a)
An
electronic
version
may
include
search
and
retrieval
28
programming
and
index.
29
(b)
A
print
version
shall
include
an
index.
30
c.
The
Iowa
court
rules
may
include
all
of
the
following:
31
(1)
A
preface.
32
(2)
Tables,
including
tables
of
corresponding
rule
numbers.
33
Sec.
36.
Section
2B.6,
subsections
2
and
3,
Code
2009,
1
are
amended
by
striking
the
subsections
and
inserting
in
lieu
2
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_____
thereof
the
following:
3
2.
Provide
for
the
publication
of
all
of
the
following:
4
a.
The
Iowa
Acts
as
provided
in
section
2B.10.
5
b.
The
Iowa
Code
or
Code
Supplement,
as
provided
in
section
6
2B.12.
7
Sec.
37.
Section
2B.10,
Code
2009,
is
amended
to
read
as
8
follows:
9
2B.10
Iowa
Acts.
10
1.
The
legislative
services
agency
shall
control
and
11
maintain
in
a
secure
electronic
repository
custodial
12
information
used
to
produce
the
Iowa
Acts.
13
2.
The
legislative
services
agency
shall
publish
the
annual
14
edition
of
the
Iowa
Acts
as
soon
as
possible
after
the
final
15
adjournment
of
a
regular
session
of
the
general
assembly.
The
16
legislative
services
agency
may
also
publish
an
updated
edition
17
of
the
Iowa
Acts
or
a
supplement
to
the
Iowa
Acts
after
a
18
special
session
of
the
general
assembly.
19
1.
3.
a.
The
arrangement
of
the
Acts
and
resolutions,
20
and
the
size,
style,
type,
binding,
general
arrangement,
and
21
tables
of
the
Iowa
Acts
,
appearance,
and
contents
of
the
Iowa
22
Acts
shall
be
printed
and
published
in
the
manner
determined
23
by
the
Iowa
Code
editor
in
accordance
with
the
policies
set
24
by
the
of
the
legislative
council
and
legislative
services
25
agency
as
provided
in
section
2.42.
26
2.
b.
Chapters
of
The
bills
and
joint
resolutions
of
the
27
Iowa
Acts
may
be
arranged
by
chapter,
numbered
from
one
for
the
28
first
regular
session
shall
be
numbered
from
one
and
chapters
29
of
the
second
regular
session
shall
be
and
numbered
from
one
30
thousand
one
for
the
second
regular
session
.
31
4.
The
Iowa
Acts
shall
include
all
of
the
following:
32
a.
A
preface.
33
b.
A
table
of
contents.
34
3.
c.
A
list
of
elective
state
officers
and
deputies,
35
supreme
court
justices,
judges
of
the
court
of
appeals,
1
and
members
of
the
general
assembly
shall
be
published
annually
2
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_____
with
the
Iowa
Acts
,
and
members
of
Iowa’s
congressional
3
delegation
.
4
4.
d.
A
statement
of
the
condition
of
the
state
treasury
5
shall
be
included,
as
provided
by
Article
III,
section
18,
6
of
the
Constitution
of
the
State
of
Iowa.
The
statement
shall
7
be
furnished
to
the
legislative
services
agency
by
the
director
8
of
the
department
of
administrative
services.
9
e.
An
analysis
of
its
chapters.
10
f.
The
text
of
bills
that
have
been
enacted
and
joint
11
resolutions
that
have
been
enacted
or
passed
by
the
general
12
assembly,
including
text
indicating
items
disapproved
in
13
appropriation
bills.
14
g.
Messages
transmitted
by
the
governor
disapproving
items
15
in
appropriation
bills.
16
h.
A
notation
of
the
filing
of
an
estimate
of
a
state
17
mandate
prepared
by
the
legislative
services
agency
pursuant
18
to
section
25B.5.
19
i.
Tables
including
any
analysis
of
tables.
20
j.
A
comprehensive
method
to
search
and
identify
its
21
contents,
including
the
text
of
bills
that
have
been
enacted
22
and
joint
resolutions
that
have
been
enacted
or
passed
by
the
23
general
assembly.
24
(1)
An
electronic
version
may
include
search
and
retrieval
25
programming
and
an
index
and
a
summary
index.
26
(2)
A
print
version
may
include
an
index
and
a
summary
27
index.
28
k.
Other
reference
material
as
determined
by
the
Iowa
Code
29
editor
in
accordance
with
any
policies
of
the
legislative
30
council.
31
5.
The
enrolling
clerks
of
the
house
and
senate
shall
32
arrange
for
the
Iowa
Code
editor
to
receive
suitable
copies
of
33
all
Acts
and
resolutions
as
soon
as
they
are
enrolled.
34
6.
A
notation
of
the
filing
of
an
estimate
of
a
state
35
mandate
prepared
by
the
legislative
services
agency
pursuant
to
1
section
25B.5
shall
be
included
in
the
Iowa
Acts
with
the
text
2
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252
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_____
of
an
enacted
bill
or
joint
resolution
containing
the
state
3
mandate.
4
Sec.
38.
Section
2B.12,
subsections
1
and
2,
Code
2009,
are
5
amended
to
read
as
follows:
6
1.
The
legislative
services
agency
shall
control
and
7
maintain
in
a
secure
electronic
repository
custodial
8
information
used
to
publish
the
Iowa
Code.
9
1.
2.
A
new
Iowa
Code
shall
be
issued
The
legislative
10
services
agency
shall
publish
an
annual
edition
of
the
Iowa
11
Code
as
soon
as
possible
after
the
final
adjournment
of
the
12
second
a
regular
session
of
the
a
general
assembly.
A
However,
13
the
legislative
services
agency
may
publish
a
new
Code
14
Supplement
shall
be
issued
in
lieu
of
the
Iowa
Code
as
soon
as
15
possible
after
the
first
final
adjournment
of
a
regular
session
16
of
the
a
general
assembly.
A
The
legislative
services
agency
17
may
publish
a
new
edition
of
the
Iowa
Code
or
Code
Supplement
18
may
be
issued
as
soon
as
possible
after
the
final
adjournment
19
of
a
special
session
of
the
general
assembly
or
as
required
by
20
the
legislative
council
.
21
2.
The
entire
Iowa
Code
shall
be
maintained
on
a
computer
22
database
which
shall
be
updated
as
soon
as
possible
after
23
each
session
of
the
general
assembly.
The
Iowa
Code
and
Code
24
Supplement
shall
be
prepared
and
printed
on
a
good
quality
25
of
paper
in
one
or
more
volumes,
in
the
manner
determined
by
26
the
Iowa
Code
editor
in
accordance
with
the
policies
of
the
27
legislative
council,
as
provided
in
section
2.42
.
28
Sec.
39.
Section
2B.12,
subsection
5,
Code
2009,
is
amended
29
by
striking
the
subsection.
30
Sec.
40.
Section
2B.12,
subsection
6,
unnumbered
paragraph
31
1,
Code
2009,
is
amended
to
read
as
follows:
32
The
Iowa
Code
published
after
the
second
regular
session
of
33
the
general
assembly
shall
include
all
of
the
following
:
34
Sec.
41.
Section
2B.12,
subsection
6,
paragraph
a,
Code
1
2009,
is
amended
by
striking
the
paragraph.
2
Sec.
42.
Section
2B.12,
subsection
6,
paragraph
h,
Code
3
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252
S.F.
_____
2009,
is
amended
by
striking
the
paragraph
and
inserting
in
4
lieu
thereof
the
following:
5
h.
The
arrangement
of
the
Code
into
distinct
units,
as
6
established
by
the
legislative
services
agency,
which
may
7
include
titles,
subunits
of
titles,
chapters,
subunits
of
8
chapters,
and
sections,
and
subunits
of
sections.
The
distinct
9
units
shall
be
numbered
and
may
include
names.
10
Sec.
43.
Section
2B.12,
subsection
6,
paragraph
j,
Code
11
2009,
is
amended
to
read
as
follows:
12
j.
A
comprehensive
index
and
a
summary
index
covering
method
13
to
search
and
identify
its
contents,
including
the
text
of
the
14
Constitution
and
statutes
of
the
State
of
Iowa.
15
(1)
An
electronic
version
may
include
search
and
retrieval
16
programming,
analysis
of
titles
and
chapters,
and
an
index
and
17
a
summary
index.
18
(2)
A
print
version
shall
include
an
analysis
of
titles
and
19
chapters,
and
an
index
and
a
summary
index.
20
Sec.
44.
Section
2B.12,
Code
2009,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
6A.
The
Iowa
Code
may
include
all
of
the
23
following:
24
a.
A
preface.
25
b.
A
description
of
citations
to
statutes.
26
c.
Abbreviations
to
other
publications
which
may
be
referred
27
to
in
the
Iowa
Code.
28
d.
Appropriate
historical
references
or
source
notes.
29
e.
An
analysis
of
the
Code
by
titles
and
chapters.
30
f.
Other
reference
materials
as
determined
by
the
Iowa
31
Code
editor
in
accordance
with
any
policies
of
the
legislative
32
council.
33
Sec.
45.
Section
2B.12,
subsections
7
and
8,
Code
2009,
are
34
amended
to
read
as
follows:
35
7.
The
A
Code
Supplement
published
after
the
first
regular
1
session
of
the
general
assembly
shall
include
all
of
the
2
following
:
3
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_____
a.
All
of
the
The
text
of
statutes
of
Iowa
of
a
general
4
and
permanent
nature
which
that
were
enacted
or
amended
during
5
that
the
preceding
regular
or
special
session,
except
as
6
provided
in
subsection
3
,
and
;
an
indication
of
all
sections
7
repealed
during
that
session
,
;
and
any
amendments
to
the
8
Constitution
of
the
State
of
Iowa
approved
by
the
voters
at
9
the
preceding
general
election
since
the
adjournment
of
the
10
previous
regular
session
of
the
general
assembly
.
11
b.
A
chapter
title
and
number
for
each
chapter
or
part
of
a
12
chapter
included.
13
c.
An
index
covering
the
material
included
A
comprehensive
14
method
to
search
and
identify
its
contents,
including
the
text
15
of
statutes
and
the
Constitution
of
the
State
of
Iowa
.
16
(1)
An
electronic
version
may
include
search
and
retrieval
17
programming
and
an
index
and
a
summary
index.
18
(2)
A
print
version
may
include
an
index
and
a
summary
19
index.
20
8.
A
The
Iowa
Code
or
Code
Supplement
may
include
21
appropriate
tables
showing
the
disposition
of
Acts
of
the
22
general
assembly,
the
corresponding
sections
from
edition
23
to
edition
of
a
an
Iowa
Code
or
Code
Supplement,
and
other
24
reference
material
as
determined
by
the
Iowa
Code
editor
in
25
accordance
with
policies
of
the
legislative
council.
26
Sec.
46.
Section
2B.13,
subsection
1,
unnumbered
paragraph
27
1,
Code
2009,
is
amended
to
read
as
follows:
28
The
Iowa
Code
editor
in
preparing
the
copy
for
an
edition
29
of
the
Iowa
Code
or
Iowa
Code
Supplement
shall
not
alter
the
30
sense,
meaning,
or
effect
of
any
Act
of
the
general
assembly,
31
but
may:
32
Sec.
47.
Section
2B.13,
subsection
2,
paragraph
f,
Code
33
2009,
is
amended
to
read
as
follows:
34
f.
Perform
any
other
editorial
tasks
required
or
authorized
35
by
section
17A.6
2B.5A
.
1
Sec.
48.
Section
2B.13,
subsections
3,
4,
5,
and
7,
Code
2
2009,
are
amended
to
read
as
follows:
3
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_____
3.
a.
The
Iowa
Code
editor
may,
in
preparing
the
copy
for
4
an
edition
of
the
Iowa
Code
or
Iowa
Code
Supplement,
establish
5
standards
for
and
change
capitalization,
spelling,
and
6
punctuation
in
any
Code
provision
for
purposes
of
uniformity
7
and
consistency
in
Code
language.
8
b.
The
administrative
code
editor
may
establish
standards
9
for
capitalization,
spelling,
and
punctuation
for
purposes
of
10
uniformity
and
consistency
in
the
Iowa
administrative
code.
11
4.
a.
The
Iowa
Code
editor
shall
seek
direction
from
12
the
senate
committee
on
judiciary
and
the
house
committee
13
on
judiciary
when
making
Iowa
Code
or
Iowa
Code
Supplement
14
changes
,
and
the
.
15
b.
The
administrative
code
editor
shall
seek
direction
16
from
the
administrative
rules
review
committee
and
17
the
administrative
rules
coordinator
when
making
Iowa
18
administrative
code
changes,
which
appear
to
require
19
substantial
editing
and
which
might
otherwise
be
interpreted
to
20
exceed
the
scope
of
the
authority
granted
in
this
section.
21
5.
The
Iowa
Code
editor
may
prepare
and
publish
comments
22
deemed
necessary
for
a
proper
explanation
of
the
manner
23
of
printing
a
section
or
chapter
of
the
Iowa
Code
or
Code
24
Supplement
.
The
Iowa
Code
editor
shall
maintain
a
record
of
25
all
of
the
corrections
made
under
subsection
1.
The
Iowa
Code
26
editor
shall
also
maintain
a
separate
record
of
the
changes
27
made
under
subsection
1,
paragraphs
“b”
through
“h”
.
The
28
records
shall
be
available
to
the
public.
29
7.
a.
The
effective
date
of
all
editorial
changes
in
an
30
edition
of
the
Iowa
Code
or
Iowa
Code
Supplement
is
the
date
31
of
the
Iowa
Code
editor’s
approval
of
the
final
press
proofs
32
for
the
statutory
text
contained
within
that
publication.
The
33
effective
date
of
all
editorial
changes
for
the
or
an
edition
34
of
the
Iowa
administrative
code
is
the
its
publication
date
35
those
changes
are
published
in
the
Iowa
administrative
code
.
A
1
publication
date
is
the
date
the
publication
is
conclusively
2
presumed
to
be
complete,
incorporating
all
revisions
or
3
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_____
editorial
changes.
4
b.
The
publication
date
for
the
publications
are
as
follows:
5
(1)
For
the
Iowa
Code
or
Code
Supplement,
the
publication
6
date
is
the
first
day
of
the
next
regular
session
of
the
7
general
assembly
convened
pursuant
to
Article
III,
section
8
2,
of
the
Constitution
of
the
State
of
Iowa.
However,
the
9
legislative
services
agency
may
establish
an
alternative
10
publication
date,
which
may
be
the
date
that
the
publication
is
11
first
available
to
the
public
accessing
the
general
assembly’s
12
internet
site.
The
legislative
services
agency
shall
provide
13
notice
of
such
an
alternative
publication
date
on
the
general
14
assembly’s
internet
site.
15
(2)
The
publication
date
for
the
Iowa
administrative
code
16
is
the
date
that
it
is
first
available
to
the
public
accessing
17
the
general
assembly’s
internet
site
according
to
a
publication
18
schedule
provided
in
section
2B.5A.
19
c.
A
publication
designated
by
the
legislative
services
20
agency
as
unofficial
shall
not
be
used
to
establish
a
21
publication
date.
22
Sec.
49.
Section
2B.17,
Code
2009,
is
amended
by
striking
23
the
section
and
inserting
in
lieu
thereof
the
following:
24
2B.17
Official
legal
publications
——
citations.
25
1.
An
official
legal
publication
designated
as
such
by
26
the
legislative
services
agency
as
provided
in
sections
2.42
27
and
2A.1,
is
the
official
and
authoritative
version
of
the
28
statutes,
administrative
rules,
or
court
rules
of
the
state
of
29
Iowa.
30
2.
a.
The
codified
version
of
the
state’s
constitution
31
shall
be
known
as
the
Constitution
of
the
State
of
Iowa.
32
b.
For
statutes,
the
official
versions
of
publications
33
shall
be
known
as
the
Iowa
Acts,
the
Iowa
Code,
and
the
Code
34
Supplement.
35
c.
For
administrative
rules,
the
official
versions
of
the
1
publications
shall
be
known
as
the
Iowa
Administrative
Bulletin
2
and
the
Iowa
Administrative
Code.
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_____
d.
For
court
rules,
the
official
version
of
the
publication
4
shall
be
known
as
the
Iowa
Court
Rules.
5
3.
The
legislative
services
agency
may
adopt
a
style
manual
6
providing
a
uniform
system
of
citing
the
codified
Constitution
7
of
the
State
of
Iowa
and
the
official
versions
of
publications
8
listed
in
subsection
2,
including
by
reference
to
commonly
9
accepted
legal
sources.
The
legislative
services
agency
10
style
manual
may
provide
for
a
different
form
of
citation
11
for
electronic
and
printed
versions
of
the
same
publication.
12
Nothing
in
this
section
affects
rules
for
style
and
format
13
adopted
pursuant
to
section
2.42.
14
4.
The
codified
Constitution
of
the
State
of
Iowa,
and
15
statutes
enacted
and
joint
resolutions
enacted
or
passed
by
the
16
general
assembly
shall
be
cited
as
follows:
17
a.
The
codified
Constitution
of
the
State
of
Iowa
shall
18
be
cited
as
the
Constitution
of
the
State
of
Iowa,
with
a
19
reference
identifying
the
preamble
or
boundaries,
or
article,
20
section,
and
subunit
of
a
section.
Subject
to
the
legislative
21
services
agency
style
manual,
the
Constitution
of
the
State
of
22
Iowa
may
be
cited
as
the
Iowa
Constitution.
23
b.
The
Iowa
Acts
shall
be
cited
as
the
Iowa
Acts
with
24
a
reference
identifying
the
year
of
the
publication
in
25
conformance
with
section
2.2,
and
the
chapter
of
a
bill
26
enacted
or
joint
resolution
enacted
or
passed
during
a
regular
27
session,
or
in
the
alternative
the
bill
or
joint
resolution
28
chamber
designation,
and
the
section
of
the
chapter
or
bill
29
or
subunit
of
a
section.
A
bill
or
joint
resolution
enacted
30
or
passed
during
a
special
session
shall
be
cited
by
the
31
extraordinary
session
designation
in
conformance
with
section
32
2.2.
If
the
Iowa
Acts
have
not
been
published,
a
bill
or
joint
33
resolution
may
be
cited
by
its
bill
or
joint
resolution
chamber
34
designation.
35
c.
The
Iowa
Code
shall
be
cited
as
the
Iowa
Code.
The
Code
1
Supplement
shall
be
cited
as
the
Code
Supplement.
Subject
2
to
the
legislative
services
agency
style
manual,
the
Iowa
3
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_____
Code
may
be
cited
as
the
Code
of
Iowa
or
Code
and
the
Code
4
Supplement
may
be
cited
as
the
Iowa
Code
Supplement,
with
5
references
identifying
parts
of
the
publication,
including
6
but
not
limited
to
title
or
chapter,
section,
or
subunit
of
a
7
section.
If
the
citation
refers
to
a
past
edition
of
the
Iowa
8
Code
or
Code
Supplement,
the
citation
shall
identify
the
year
9
of
publication.
10
5.
Administrative
rules
shall
be
cited
as
follows:
11
a.
The
Iowa
Administrative
Bulletin
shall
be
cited
as
12
the
IAB,
with
references
identifying
the
volume
number
which
13
may
be
based
on
a
fiscal
year
cycle,
the
issue
number,
and
14
the
ARC
number
assigned
to
the
rulemaking
document
by
the
15
administrative
rules
coordinator
pursuant
to
section
17A.4.
16
Subject
to
the
legislative
services
agency
style
manual,
the
17
citation
may
also
include
the
publication’s
page
number.
18
b.
The
Iowa
Administrative
Code
shall
be
cited
as
the
IAC,
19
with
references
to
an
agency’s
identification
number
placed
at
20
the
beginning
of
the
citation
and
with
references
to
parts
of
21
the
publication,
including
but
not
limited
to
chapter,
rule,
or
22
subunit
of
a
rule.
23
6.
The
Iowa
Court
Rules
shall
be
cited
as
the
Iowa
Court
24
Rules,
with
references
to
the
rule
number
and
to
subunits
25
of
the
publication,
which
may
include
but
are
not
limited
26
to
the
Iowa
Rules
of
Civil
Procedure,
the
Iowa
Rules
of
27
Criminal
Procedure,
the
Iowa
Rules
of
Evidence,
the
Iowa
28
Rules
of
Appellate
Procedure,
the
Iowa
Rules
of
Professional
29
Conduct,
and
the
Iowa
Code
of
Judicial
Conduct.
Subject
to
30
the
legislative
services
agency
style
manual,
the
names
of
the
31
rules
may
be
abbreviated.
32
Sec.
50.
NEW
SECTION
.
2B.18
Iowa
Code
editor
and
33
administrative
code
editor
——
custody
and
authentication.
34
1.
The
Iowa
Code
editor
is
the
custodian
of
the
official
35
legal
publications
known
as
the
Iowa
Acts,
Iowa
Code,
and
1
Code
Supplement.
The
Iowa
Code
editor
may
attest
to
and
2
authenticate
any
portion
of
such
official
legal
publication
3
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252
S.F.
_____
for
purposes
of
admitting
a
portion
of
the
official
legal
4
publication
in
any
court
or
office
of
any
state,
territory,
or
5
possession
of
the
United
States
or
in
a
foreign
jurisdiction.
6
2.
The
administrative
code
editor
is
the
custodian
of
the
7
official
legal
publications
known
as
the
Iowa
administrative
8
bulletin,
the
Iowa
administrative
code,
and
the
Iowa
court
9
rules.
The
administrative
code
editor
may
attest
to
and
10
authenticate
any
portion
of
such
official
legal
publication
11
for
purposes
of
admitting
a
portion
of
the
official
legal
12
publication
in
any
court
or
office
of
any
state,
territory,
or
13
possession
of
the
United
States
or
in
a
foreign
jurisdiction.
14
Sec.
51.
Section
7.17,
subsection
2,
Code
2009,
is
amended
15
by
striking
the
subsection.
16
Sec.
52.
Section
17A.4,
subsection
1,
paragraph
a,
Code
17
2009,
is
amended
to
read
as
follows:
18
a.
Give
notice
of
its
intended
action
by
submitting
19
the
notice
to
the
administrative
rules
coordinator
and
20
the
administrative
code
editor.
The
administrative
rules
21
coordinator
shall
assign
an
ARC
number
to
each
rulemaking
22
document.
The
administrative
code
editor
shall
publish
23
each
notice
meeting
the
requirements
of
this
chapter
in
the
24
Iowa
administrative
bulletin
created
pursuant
to
section
25
17A.6
2B.5A
.
Any
notice
of
intended
action
shall
be
published
26
at
least
thirty-five
days
in
advance
of
the
action.
The
notice
27
shall
include
a
statement
of
either
the
terms
or
substance
of
28
the
intended
action
or
a
description
of
the
subjects
and
issues
29
involved,
and
the
time
when,
the
place
where,
and
the
manner
in
30
which
interested
persons
may
present
their
views.
31
Sec.
53.
Section
17A.6,
Code
2009,
is
amended
by
striking
32
the
section
and
inserting
in
lieu
thereof
the
following:
33
17A.6
Publications.
34
1.
The
administrative
code
editor
shall
publish
the
Iowa
35
administrative
bulletin
and
the
Iowa
administrative
code
as
1
provided
in
section
2B.5A.
2
2.
An
agency
which
adopts
standards
by
reference
to
3
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252
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_____
another
publication
shall
deliver
an
electronic
copy
of
4
the
publication,
or
the
relevant
part
of
the
publication,
5
containing
the
standards
to
the
administrative
code
editor
6
who
shall
publish
it
on
the
general
assembly’s
internet
site.
7
If
an
electronic
copy
of
the
publication
is
not
available,
8
the
agency
shall
deliver
a
printed
copy
of
the
publication
to
9
the
administrative
code
editor
who
shall
deposit
the
copy
in
10
the
state
law
library
where
it
shall
be
made
available
for
11
inspection
and
reference.
12
Sec.
54.
Section
89.5,
subsection
3,
unnumbered
paragraph
13
1,
Code
2009,
is
amended
to
read
as
follows:
14
A
rule
adopted
pursuant
to
this
chapter
which
adopts
15
standards
by
reference
to
another
publication
shall
be
exempt
16
from
the
requirements
of
section
17A.6
2B.5A
,
subsection
4,
if
17
the
following
conditions
exist:
18
Sec.
55.
Section
89A.3,
subsection
5,
unnumbered
paragraph
19
1,
Code
Supplement
2009,
is
amended
to
read
as
follows:
20
A
rule
adopted
pursuant
to
this
section
which
adopts
21
standards
by
reference
to
another
publication
shall
be
exempt
22
from
the
requirements
of
section
17A.6
2B.5A
,
subsection
4,
if
23
the
following
conditions
exist:
24
Sec.
56.
Section
256.53,
Code
2009,
is
amended
to
read
as
25
follows:
26
256.53
State
publications.
27
Upon
issuance
of
a
state
publication
in
any
format,
a
28
state
agency
shall
deposit
with
provide
the
division
with
29
an
electronic
version
of
the
publication
at
no
cost
to
the
30
division
,
seventy-five
copies
of
the
publication
or
a
lesser
31
number
if
specified
by
the
division,
except
as
provided
in
32
section
2A.6
.
33
Sec.
57.
Section
267.6,
Code
2009,
is
amended
to
read
as
34
follows:
35
267.6
Iowa
administrative
procedure
Act.
1
The
provisions
of
chapter
17A
shall
not
apply
to
the
council
2
or
any
actions
taken
by
it,
except
that
any
recommendations
3
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adopted
by
the
council
pursuant
to
section
267.5,
subsection
4
3,
and
any
rules
adopted
by
the
council
shall
be
adopted,
5
amended,
or
repealed
only
after
compliance
with
the
provisions
6
of
sections
17A.4
,
and
17A.5,
and
17A.6
the
publication
7
requirements
in
section
2B.5A
.
8
DIVISION
IV
9
ELECTRONIC
PUBLICATION
OF
PUBLIC
NOTICES
10
Sec.
58.
Section
21.4,
subsection
4,
Code
2009,
is
amended
11
to
read
as
follows:
12
4.
If
another
section
of
the
Code
requires
or
authorizes
a
13
manner
of
giving
specific
notice
of
a
meeting,
hearing,
or
14
an
intent
to
take
action
by
a
governmental
body,
compliance
15
with
that
section
shall
constitute
compliance
with
the
notice
16
requirements
of
this
section.
17
Sec.
59.
NEW
SECTION
.
22A.1
Electronic
publication
of
18
public
notices.
19
1.
For
purposes
of
this
section,
“governmental
body”
means
a
20
governmental
body
as
defined
in
section
21.2.
21
2.
a.
A
governmental
body
that
is
required
by
statute
22
to
publish
or
post
in
a
public
place
a
notice,
action,
or
23
other
information,
may,
in
lieu
of
such
requirements,
post
24
the
notice,
action,
or
other
information
on
an
internet
site
25
if
posting
such
information
on
an
internet
site
has
been
26
authorized,
by
ordinance,
resolution,
or
other
official
action
27
of
the
governmental
body,
as
a
means
of
official
publication.
28
b.
An
ordinance,
resolution,
or
other
official
action
29
that
authorizes
posting
on
an
internet
site
as
an
official
30
publication
shall
identify
each
type
of
notice,
action,
or
31
information
that
shall
be
posted
on
an
internet
site
in
lieu
of
32
publication
and
shall
identify
the
location
of
the
governmental
33
body’s
office
where
such
notices,
actions,
or
information
34
will
be
available
for
public
inspection.
If
the
governmental
35
body
is
a
city
or
a
county,
such
authorization
shall
be
by
1
ordinance.
If
the
governmental
body
is
an
agency
as
defined
2
in
section
17A.2,
such
authorization
shall
be
adopted
in
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accordance
with
chapter
17A.
4
c.
This
section
shall
not
apply
to
the
publication
of
5
notices
under
chapter
6B,
notices
published
under
chapter
17A,
6
notices
provided
under
the
rules
of
civil
procedure,
or
any
7
notice
required
to
be
given
by
personal
service.
8
3.
Notices,
actions,
or
other
information
posted
by
9
a
governmental
body
on
an
internet
site
pursuant
to
this
10
section
shall
include
all
information
otherwise
required
to
11
be
contained
in
the
publication
and
shall
comply
with
all
12
requirements
relating
to
the
date
of
publication.
13
4.
If
posting
on
an
internet
site
is
authorized
by
a
14
governmental
body
to
satisfy
publication
requirements,
all
of
15
the
following
shall
apply:
16
a.
The
internet
site
shall
be
operated
and
maintained
by
the
17
governmental
body.
18
b.
The
internet
site
shall
be
accessible
at
all
times
by
the
19
public,
including
the
visually
impaired.
20
c.
The
public
shall
not
be
charged
for
access
to
any
notice,
21
action,
or
other
information
posted
on
the
internet
site
22
pursuant
to
this
section.
23
d.
The
internet
site
shall
be
searchable
by
keyword,
type
of
24
notice,
action,
or
information,
and
geographic
location.
25
e.
The
notice,
action,
or
other
information
posted
on
an
26
internet
site
pursuant
to
this
section
shall
be
maintained
27
and
accessible
through
the
same
internet
site
address
for
as
28
long
as
required
by
law
or
as
long
as
such
information
is
29
customarily
maintained
by
the
governmental
body,
whichever
is
30
longer.
31
f.
A
notice,
action,
or
other
information
posted
on
an
32
internet
site
pursuant
to
this
section
by
a
governmental
33
body
shall
also
be
made
available
by
the
governmental
body
34
in
a
paper
format
in
the
office
of
the
governmental
body
as
35
identified
pursuant
to
subsection
2,
paragraph
“b”
.
1
Sec.
60.
Section
49.53,
subsection
2,
Code
Supplement
2009,
2
is
amended
to
read
as
follows:
3
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2.
The
notice
shall
be
published
in
at
least
one
newspaper,
4
as
defined
in
section
618.3,
which
is
published
in
the
county
5
or
other
political
subdivision
in
which
the
election
is
to
6
occur
or,
if
no
newspaper
is
published
there,
in
at
least
7
one
newspaper
of
substantial
circulation
in
the
county
or
8
political
subdivision.
For
the
general
election
or
the
primary
9
election
the
foregoing
notice
shall
be
published
in
at
least
10
two
newspapers
published
in
the
county.
However,
if
there
11
is
only
one
newspaper
published
in
the
county,
publication
12
in
one
newspaper
shall
be
sufficient.
Compliance
with
the
13
requirements
of
section
22A.1
shall
constitute
compliance
with
14
the
publication
requirements
of
this
section.
15
Sec.
61.
Section
279.36,
unnumbered
paragraph
1,
Code
2009,
16
is
amended
to
read
as
follows:
17
The
requirements
of
section
279.35
are
satisfied
by
18
publication
in
at
least
one
newspaper
published
in
the
19
district
or,
if
there
is
none,
in
at
least
one
newspaper
having
20
general
circulation
within
the
district.
Compliance
with
the
21
requirements
of
section
22A.1
shall
constitute
compliance
with
22
the
publication
requirements
of
this
section.
23
Sec.
62.
Section
331.305,
Code
2009,
is
amended
to
read
as
24
follows:
25
331.305
Publication
of
notices.
26
Unless
otherwise
provided
by
state
law,
if
notice
of
an
27
election,
hearing,
or
other
official
action
is
required
by
this
28
chapter,
the
board
shall
publish
the
notice
at
least
once,
not
29
less
than
four
nor
more
than
twenty
days
before
the
date
of
the
30
election,
hearing,
or
other
action,
in
one
or
more
newspapers
31
which
meet
the
requirements
of
section
618.14.
Notice
of
an
32
election
shall
also
comply
with
section
49.53.
Compliance
with
33
the
requirements
of
section
22A.1
shall
constitute
compliance
34
with
the
publication
requirements
of
this
section.
35
Sec.
63.
Section
362.3,
Code
2009,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
3.
Compliance
with
the
requirements
of
3
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section
22A.1
shall
constitute
compliance
with
the
requirements
4
of
this
section
relating
to
publication
in
a
newspaper
and
to
5
publication
by
posting.
6
DIVISION
V
7
STATE
BUDGETING
AND
PERSONNEL
8
Sec.
64.
Section
8.36A,
subsection
2,
Code
2009,
is
amended
9
to
read
as
follows:
10
2.
a.
If
a
department
or
establishment
has
reached
or
11
anticipates
reaching
the
full-time
equivalent
position
level
12
authorized
for
the
department
but
determines
that
conversion
13
of
a
contract
position
to
a
full-time
equivalent
position
14
would
result
in
cost
savings
while
providing
comparable
or
15
better
services,
the
department
or
establishment
may
request
16
the
director
of
the
department
of
management
to
approve
the
17
conversion
and
addition
of
the
full-time
equivalent
position.
18
The
request
shall
be
accompanied
by
evidence
demonstrating
how
19
the
cost
savings
and
service
quality
will
be
achieved
through
20
the
conversion.
If
approved
by
the
director
of
the
department
21
of
management,
the
department’s
or
establishment’s
authorized
22
full-time
equivalent
position
level
shall
be
increased
23
accordingly
and
the
revised
level
shall
be
reported
to
the
24
fiscal
committee
of
the
legislative
council
and
the
legislative
25
services
agency.
26
b.
A
department
or
establishment
shall
not
convert
a
27
full-time
equivalent
position
authorized
for
the
department
28
or
establishment
to
a
contract
position
and
shall
not
use
29
appropriated
moneys
for
such
a
contract
position
unless
the
30
department
or
establishment
receives
approval
from
the
director
31
of
the
department
of
management
to
convert
the
full-time
32
equivalent
position
to
a
contract
position.
The
director
of
33
the
department
of
management
shall
not
approve
the
conversion
34
unless
the
department
or
establishment
submits
sufficient
35
evidence
that
the
conversion
would
result
in
cost
savings
while
1
providing
comparable
or
better
services.
2
Sec.
65.
Section
8.36A,
Code
2009,
is
amended
by
adding
the
3
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following
new
subsection:
4
NEW
SUBSECTION
.
3.
If
a
full-time
equivalent
position
5
authorized
for
a
department
or
establishment
remains
vacant
6
for
a
period
of
at
least
six
months,
the
department’s
or
7
establishment’s
authorized
full-time
equivalent
position
level
8
shall
be
decreased
accordingly.
However,
the
department
or
9
establishment
may
request
the
director
of
the
department
of
10
management
to
reauthorize
the
full-time
equivalent
position
if
11
the
department
or
establishment
can
establish
that
the
position
12
is
difficult
to
fill
and
is
critical
for
fulfilling
the
duties
13
of
the
department
or
establishment.
14
Sec.
66.
Section
8.62,
subsection
2,
Code
Supplement
2009,
15
is
amended
to
read
as
follows:
16
2.
Notwithstanding
the
provisions
of
section
8.33
or
any
17
other
provision
of
law
to
the
contrary,
if
on
June
30
of
a
18
fiscal
year,
a
balance
of
an
operational
appropriation
remains
19
unexpended
or
unencumbered,
not
more
than
fifty
percent
of
20
the
balance
may
be
encumbered
by
the
agency
to
which
the
21
appropriation
was
made
and
used
as
provided
in
this
section
and
22
the
remaining
balance
shall
be
deposited
in
the
cash
reserve
23
fund
created
in
section
8.56.
Moneys
encumbered
under
this
24
section
shall
only
be
used
by
the
agency
during
the
succeeding
25
fiscal
year
for
internet-based
employee
training,
technology
26
enhancement,
or
purchases
of
goods
and
services
from
Iowa
27
prison
industries.
Unused
moneys
encumbered
under
this
section
28
shall
be
deposited
in
the
cash
reserve
fund
on
June
30
of
the
29
succeeding
fiscal
year.
30
Sec.
67.
Section
8A.413,
Code
Supplement
2009,
is
amended
by
31
adding
the
following
new
subsection:
32
NEW
SUBSECTION
.
24.
For
the
development
and
operation
of
33
programs
to
promote
job
sharing,
telecommuting,
and
flex-time
34
opportunities
for
employment
within
the
executive
branch.
35
Sec.
68.
COMMUNITY-BASED
CORRECTIONS
——
STATE
ACCOUNTING
1
SYSTEM.
Each
judicial
district
department
of
correctional
2
services
shall
utilize
the
state
accounting
system
for
purposes
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of
tracking
both
appropriations
and
expenditures.
Each
4
judicial
district
department
shall
coordinate
its
accounting
5
activities
with
the
department
of
management
for
purposes
of
6
implementing
the
requirements
of
this
section.
7
Sec.
69.
STATE
AGENCY
EFFICIENCY
EFFORTS.
8
1.
LEAN
EFFORTS.
State
agencies
shall
budget
for
and
plan
9
to
conduct
lean
events
as
described
in
section
8.70.
Each
10
state
agency
shall
coordinate
its
activities
with
the
office
11
of
lean
enterprise
created
in
section
8.70
in
developing
plans
12
to
conduct
lean
events.
13
2.
SHARED
RESOURCES.
State
agencies
are
encouraged
to
14
share
resources
and
services,
including
staff,
training,
and
15
educational
services,
to
the
greatest
extent
possible
in
order
16
to
best
fulfill
the
duties
of
each
agency
at
the
least
cost.
17
Sec.
70.
CONTRACT
SERVICES
——
TRAINING.
18
1.
For
the
fiscal
year
beginning
July
1,
2010,
and
ending
19
June
30,
2011,
each
department,
as
defined
in
section
8.2,
20
shall
separately
track
the
budget
and
actual
expenditures
21
for
contract
services
and
for
employee
training
for
each
22
appropriation
line
item.
23
2.
The
terms
of
the
contracts
for
contracted
services
24
entered
into
or
revised
during
the
fiscal
year
shall
25
incorporate
quality
assurance
and
cost
control
measures.
26
3.
The
employee
training
tracking
information
shall
be
27
further
divided
into
training
categories.
Each
department’s
28
report
on
training
tracking
shall
specifically
address
the
use
29
of
electronically
based
training.
30
4.
Each
department
shall
report
quarterly
to
the
31
legislative
services
agency
concerning
the
budget,
expenditure,
32
quality
assurance,
and
cost
control
information
addressed
by
33
this
section.
34
Sec.
71.
JOINT
APPROPRIATIONS
SUBCOMMITTEES
——
REVIEW
OF
1
AGENCY
FEES.
Each
joint
appropriations
subcommittee
of
the
2
general
assembly
shall
examine
and
review
on
an
annual
basis
3
the
fees
charged
by
state
agencies
under
the
purview
of
that
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joint
appropriations
subcommittee.
5
DIVISION
VI
6
SPAN
OF
CONTROL
7
Sec.
72.
Section
8A.402,
subsection
2,
paragraph
g,
Code
8
Supplement
2009,
is
amended
to
read
as
follows:
9
g.
(1)
(a)
Consult
with
the
department
of
management
10
and
discuss
and
collaborate
with
executive
branch
agencies
to
11
implement
and
maintain
a
policy
for
incrementally
increasing
12
the
aggregate
ratio
in
the
number
of
employees
per
13
supervisor
supervisory
employee
in
executive
branch
agencies
14
to
be
fourteen
employees
for
one
supervisor
.
For
purposes
of
15
determining
the
effects
of
the
policy
on
the
state
employee
16
workforce,
the
base
date
of
July
1,
2008,
shall
be
used
and
the
17
target
date
for
full
implementation
shall
be
July
1,
2011
2016
.
18
The
target
aggregate
ratio
of
supervisory
employees
to
other
19
employees
shall
be
as
follows:
20
(i)
For
the
fiscal
year
beginning
July
1,
2010,
one
to
21
fourteen.
22
(ii)
For
the
fiscal
year
beginning
July
1,
2011,
one
to
23
fifteen.
24
(iii)
For
the
fiscal
year
beginning
July
1,
2012,
one
to
25
sixteen.
26
(iv)
For
the
fiscal
year
beginning
July
1,
2013,
one
to
27
seventeen.
28
(v)
For
the
fiscal
year
beginning
July
1,
2014,
one
to
29
eighteen.
30
(vi)
For
the
fiscal
year
beginning
July
1,
2015,
one
to
31
nineteen.
32
(vii)
For
the
fiscal
year
beginning
July
1,
2016,
one
to
33
twenty.
34
(b)
For
the
purposes
of
this
paragraph
“g”
,
“supervisory
35
employee”
means
a
public
employee
who
is
not
a
member
of
a
1
collective
bargaining
unit
and
who
has
authority,
in
the
2
interest
of
a
public
employer,
to
hire,
transfer,
suspend,
lay
3
off,
recall,
promote,
discharge,
assign,
reward,
or
discipline
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other
public
employees,
to
direct
such
public
employees,
or
5
to
adjust
the
grievances
of
such
public
employees,
or
to
6
effectively
recommend
any
such
action.
7
(c)
In
this
paragraph
“g”
,
executive
branch
agencies
shall
8
not
grant
a
supervisory
employee
with
the
right
to
replace
or
9
bump
a
junior
employee
not
being
laid
off
for
a
position
for
10
which
the
supervisory
employee
is
qualified.
11
(b)
(d)
The
policy
shall
allow
appropriation
units
12
with
twenty-eight
or
fewer
full-time
equivalent
employee
13
positions
to
apply
for
an
exception
to
the
policy
through
the
14
executive
council.
The
policy
shall
allow
for
exceptions
15
when
the
supervisory
employee
ratio
is
mandated
by
a
federal
16
requirement.
17
(e)
The
policy
shall
provide
that
if
layoffs
are
18
implemented,
the
number
of
middle
management
position
layoffs
19
shall
correspond
to
the
relative
number
of
direct
service
20
position
layoffs.
21
(f)
The
policy
shall
improve
on
the
system
in
effect
as
22
of
the
base
date
by
specifically
defining
and
accounting
for
23
supervisory
employee
span
of
control.
24
(c)
(g)
The
department
shall
present
an
interim
report
25
to
the
governor
and
general
assembly
on
or
before
April
1,
26
2010,
annual
updates
on
or
before
April
1
subsequently,
and
a
27
final
report
on
or
before
April
1,
2011
2017
,
detailing
the
28
effects
of
the
policy
on
the
composition
of
the
workforce,
cost
29
savings,
government
efficiency,
and
outcomes.
30
(d)
The
policy
developed
pursuant
to
this
paragraph
31
“g”
shall
not
encompass
employees
under
the
state
board
of
32
regents,
the
department
of
human
services,
or
a
judicial
33
district
department
of
correctional
services.
However,
the
34
department
of
administrative
services
shall
work
with
the
35
state
board
of
regents,
the
department
of
human
services,
and
1
the
judicial
district
departments
of
correctional
services
to
2
advance
the
policy
as
a
goal
for
the
supervisory
staff
of
these
3
units
of
state
government.
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(2)
Evaluate
the
state’s
systems
for
job
classification
of
5
executive
branch
employees
in
order
to
ensure
the
existence
6
of
technical
skill-based
career
paths
for
such
employees
7
which
do
not
depend
upon
an
employee
gaining
supervisory
8
responsibility
for
advancement,
and
which
provide
incentives
9
for
such
employees
to
broaden
their
knowledge
and
skill
base.
10
The
evaluation
shall
include
but
is
not
limited
to
a
review
11
of
the
classifications
for
all
noncontract
positions
and
12
providing
options
for
eliminating
obsolete,
duplicative,
or
13
unnecessary
job
classifications.
The
department
shall
present
14
interim
reports
to
the
general
assembly
on
or
before
January
15
15,
2010,
and
January
14,
2011,
concerning
the
department’s
16
progress
in
completing
the
evaluation
and
associated
outcomes.
17
Sec.
73.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
18
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
19
enactment.
20
DIVISION
VII
21
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
——
PURCHASING
22
Sec.
74.
Section
8A.302,
subsection
1,
Code
2009,
is
amended
23
to
read
as
follows:
24
1.
Providing
a
system
of
uniform
standards
and
25
specifications
for
purchasing.
When
the
system
is
developed,
26
all
items
of
general
use
shall
be
purchased
by
state
agencies
27
through
the
department
,
except
items
used
by
.
However,
28
the
department
may
authorize
the
state
department
of
29
transportation,
institutions
under
the
control
of
the
state
30
board
of
regents,
the
department
for
the
blind,
and
any
other
31
agencies
otherwise
exempted
by
law
from
centralized
purchasing,
32
to
directly
purchase
items
used
by
those
agencies
without
going
33
through
the
department,
if
the
department
of
administrative
34
services
determines
such
purchasing
is
in
the
best
interests
35
of
the
state
.
However,
items
of
general
use
may
be
purchased
1
through
the
department
by
any
governmental
entity.
2
Sec.
75.
Section
8A.311,
subsection
10,
paragraph
a,
Code
3
2009,
is
amended
to
read
as
follows:
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a.
The
director
shall
adopt
rules
providing
that
any
state
5
agency
may,
upon
request
and
approval
by
the
department
,
6
purchase
directly
from
a
vendor
if
the
direct
purchasing
is
7
as
economical
or
more
economical
than
purchasing
through
the
8
department,
or
upon
a
showing
if
the
agency
shows
that
direct
9
purchasing
by
the
state
agency
would
be
in
the
best
interests
10
of
the
state
due
to
an
immediate
or
emergency
need
.
The
rules
11
shall
include
a
provision
permitting
a
state
agency
to
purchase
12
directly
from
a
vendor,
on
the
agency’s
own
authority
,
or
if
13
the
purchase
will
not
exceed
ten
thousand
dollars
and
the
14
purchase
will
would
contribute
to
the
agency
complying
with
or
15
exceeding
the
targeted
small
business
procurement
goals
under
16
sections
73.15
through
73.21.
17
Sec.
76.
NEW
SECTION
.
8A.311A
Centralized
purchasing.
18
1.
The
department
may
designate
goods
and
services
of
19
general
use
that
agencies
shall,
and
governmental
subdivisions
20
may,
purchase
pursuant
to
a
master
purchasing
or
service
21
contract
negotiated
by
the
department
for
that
good
or
service.
22
The
department
shall
negotiate
a
master
contract
subject
to
the
23
requirements
of
this
section
if
the
department
determines
that
24
a
high-quality
good
or
service
can
be
acquired
by
agencies
and
25
governmental
subdivisions
at
lower
cost
through
negotiation
of
26
a
master
contract.
27
2.
The
department
shall
negotiate
a
master
contract
28
pursuant
to
this
section
on
a
competitive
basis,
and
the
29
purchase
of
a
good
or
service
pursuant
to
the
contract
shall
be
30
deemed
to
satisfy
any
otherwise
applicable
competitive
bidding
31
requirements.
32
3.
Upon
negotiation
of
a
master
contract
for
a
good
or
33
service
pursuant
to
this
section,
an
agency
shall
purchase
the
34
good
or
service
pursuant
to
the
service
contract,
and
shall
35
not
expend
money
to
purchase
the
good
or
service
directly
1
from
a
vendor
and
not
through
the
contract,
unless
any
of
the
2
following
applies:
3
a.
The
department
determines,
upon
a
request
by
the
agency,
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that
the
agency
can
satisfy
the
requirements
for
purchase
of
5
the
good
or
service
directly
from
a
vendor
as
provided
in
6
section
8A.311,
subsection
10,
paragraph
“a”
.
7
b.
The
agency
is
purchasing
the
good
or
service
pursuant
8
to
a
service
contract
in
effect
on
the
effective
date
of
the
9
master
contract.
However,
the
agency
shall
terminate
the
10
service
contract
if
the
contract
permits
the
termination
of
11
the
contract
without
penalty
and
the
agency
shall
not
renew
12
the
service
contract
beyond
the
term
of
the
existing
service
13
contract.
14
Sec.
77.
Section
8A.312,
Code
2009,
is
amended
to
read
as
15
follows:
16
8A.312
Cooperative
purchasing.
17
The
director
may
purchase
items
through
the
state
department
18
of
transportation,
institutions
under
the
control
of
the
state
19
board
of
regents,
and
any
other
agency
otherwise
exempted
by
20
law
from
centralized
purchasing
for
items
authorized
by
the
21
department
to
be
exempt
.
These
state
agencies
shall
upon
22
request
furnish
the
director
with
a
list
of
and
specifications
23
for
all
items
of
office
equipment,
furniture,
fixtures,
24
motor
vehicles,
heavy
equipment,
and
other
related
items
to
25
be
purchased
during
the
next
quarter
and
the
date
by
which
26
the
director
must
file
with
the
agency
the
quantity
of
items
27
to
be
purchased
by
the
state
agency
for
the
department.
28
The
department
shall
be
liable
to
the
state
agency
for
the
29
proportionate
costs
the
items
purchased
for
the
department
bear
30
to
the
total
purchase
price.
When
items
purchased
have
been
31
delivered,
the
state
agency
shall
notify
the
director
and
after
32
receipt
of
the
purchase
price
shall
release
the
items
to
the
33
director
or
upon
the
director’s
order.
34
Sec.
78.
Section
307.21,
subsection
1,
paragraph
d,
Code
1
Supplement
2009,
is
amended
to
read
as
follows:
2
d.
Provide
centralized
purchasing
services
for
the
3
department,
in
cooperation
with
if
authorized
by
the
department
4
of
administrative
services.
The
administrator
shall,
when
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the
price
is
reasonably
competitive
and
the
quality
as
6
intended,
purchase
soybean-based
inks
and
plastic
products
with
7
recycled
content,
including
but
not
limited
to
plastic
garbage
8
can
liners,
and
shall
purchase
these
items
in
accordance
9
with
the
schedule
established
in
section
8A.315.
However,
10
the
administrator
need
not
purchase
garbage
can
liners
in
11
accordance
with
the
schedule
if
the
liners
are
utilized
by
a
12
facility
approved
by
the
environmental
protection
commission
13
created
under
section
455A.6,
for
purposes
of
recycling.
For
14
purposes
of
this
section,
“recycled
content”
means
that
the
15
content
of
the
product
contains
a
minimum
of
thirty
percent
16
postconsumer
material.
17
Sec.
79.
STATE
GOVERNMENT
PURCHASING
EFFORTS
——
DEPARTMENT
18
OF
ADMINISTRATIVE
SERVICES.
In
order
to
facilitate
efficient
19
and
cost-effective
purchasing,
the
department
of
administrative
20
services
shall
do
the
following:
21
1.
Require
state
agencies
to
provide
the
department
a
report
22
regarding
planned
purchases
on
an
annual
basis
and
to
report
23
on
an
annual
basis
regarding
efforts
to
standardize
products
24
and
services
within
their
own
agencies
and
with
other
state
25
agencies.
26
2.
Require
all
state
employees
who
conduct
bids
for
services
27
to
receive
training
on
an
annual
basis
about
procurement
rules
28
and
regulations
and
procurement
best
practices.
29
3.
Identify
procurement
compliance
employees
within
the
30
department.
31
4.
Review
the
process
and
basis
for
establishing
32
departmental
fees
for
purchasing.
33
5.
Establish
a
work
group
to
collaborate
on
best
practices
34
to
implement
the
best
cost
savings
for
the
state
concerning
35
purchasing.
1
6.
Explore
interstate
and
intergovernmental
purchasing
2
opportunities
and
encourage
the
legislative
and
judicial
3
branches
to
participate
in
consolidated
purchasing
and
4
efficiencies
wherever
possible.
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7.
Expand
the
use
of
procurement
cards
throughout
state
6
government
to
facilitate
purchasing
of
items
by
state
agencies.
7
DIVISION
VIII
8
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
——
OPERATIONS
9
Sec.
80.
Section
8A.104,
Code
2009,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
12A.
Examine
and
develop
best
practices
12
for
the
efficient
operation
of
government
and
encourage
state
13
agencies
to
adopt
and
implement
these
practices.
14
Sec.
81.
NEW
SECTION
.
8A.459
State
employee
pay
and
15
allowances
——
electronic
funds
transfer.
16
Effective
July
1,
2011,
notwithstanding
any
provision
of
17
law
to
the
contrary,
all
pay
and
allowances
to
state
employees
18
shall
be
paid
via
electronic
funds
transfer.
A
state
employee
19
may
elect
to
receive
pay
and
allowances
as
paper
warrants
20
in
lieu
of
electronic
funds
transfers,
but
the
department
21
shall
charge
an
administrative
fee
for
processing
such
paper
22
warrants.
However,
the
department
may,
for
good
cause
shown,
23
waive
the
administrative
fee.
The
fee
may
be
automatically
24
deducted
from
the
state
employee’s
pay
and
allowances
before
25
the
warrant
is
issued
to
the
state
employee.
26
Sec.
82.
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
——
27
STREAMLINED
HIRING.
The
department
of
administrative
services
28
shall,
in
consultation
with
the
department
of
management,
29
examine
the
process
by
which
state
agencies
hire
personnel
30
with
the
goal
of
simplifying
and
reducing
the
steps
needed
31
for
state
agencies
to
hire
personnel.
The
department
shall
32
provide
information
to
the
general
assembly
concerning
steps
33
taken
to
implement
a
more
streamlined
hiring
process
and
any
34
recommendations
for
legislative
action.
35
Sec.
83.
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
——
REAL
1
ESTATE
AND
LEASE
MANAGEMENT.
2
1.
REAL
ESTATE
AUDIT.
The
department
of
administrative
3
services
shall
complete
an
inventory
of
surplus
and
unused
4
state
properties
and
recommend
which
assets
could
be
sold
at
a
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premium
price.
State
historic
buildings
would
not
be
eligible
6
for
sale
and
only
those
assets
identified
as
being
surplus
and
7
no
longer
related
to
their
mission
would
be
eligible
for
sale.
8
2.
LEASE
AUDIT.
The
department
of
administrative
services
9
shall
conduct
a
thorough
review
of
all
state
office
leases
10
and
wherever
possible,
require
state
agencies
to
consolidate
11
office
spaces
that
are
rented
from
private
sector
landlords.
12
In
addition,
the
department
should
work
directly
with
all
state
13
agencies
to
begin
renegotiating
office
leases
to
obtain
more
14
favorable
lease
terms.
15
3.
SALE
AND
LEASEBACK
OF
STATE
OFFICE
BUILDING
ASSETS.
The
16
department
of
administrative
services
shall
explore
potential
17
opportunities
for
state
agencies
and
the
state
board
of
regents
18
to
sell
some
properties
to
a
private
sector
owner
and
then
19
lease
them
back.
20
4.
REPORT.
The
department
shall
submit
a
report
to
21
the
general
assembly
by
January
1,
2011,
concerning
the
22
requirements
of
this
section.
The
report
shall,
if
applicable,
23
identify
any
statutory
barriers
for
pursuing
efforts
described
24
in
this
section
and
shall
include
in
the
report
its
findings
25
and
any
recommendations
for
legislative
action.
26
DIVISION
IX
27
ALCOHOLIC
BEVERAGES
DIVISION
——
REORGANIZATION
28
Sec.
84.
Section
22.7,
subsection
24,
Code
Supplement
2009,
29
is
amended
to
read
as
follows:
30
24.
Records
of
purchases
of
alcoholic
liquor
from
31
the
alcoholic
beverages
division
of
the
department
of
32
commerce
revenue
which
would
reveal
purchases
made
by
an
33
individual
class
“E”
liquor
control
licensee.
However,
the
34
records
may
be
revealed
for
law
enforcement
purposes
or
for
the
35
collection
of
payments
due
the
division
pursuant
to
section
1
123.24.
2
Sec.
85.
Section
123.3,
subsection
14,
Code
2009,
is
amended
3
to
read
as
follows:
4
14.
“Division”
means
the
alcoholic
beverages
division
of
the
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department
of
commerce
revenue
established
by
this
chapter.
6
Sec.
86.
Section
123.4,
Code
2009,
is
amended
to
read
as
7
follows:
8
123.4
Alcoholic
beverages
division
created.
9
An
alcoholic
beverages
division
is
created
within
the
10
department
of
commerce
revenue
to
administer
and
enforce
the
11
laws
of
this
state
concerning
beer,
wine,
and
alcoholic
liquor.
12
Sec.
87.
Section
123.14,
subsection
2,
Code
2009,
is
amended
13
to
read
as
follows:
14
2.
The
county
attorney,
the
county
sheriff
and
the
15
sheriff’s
deputies,
and
the
police
department
of
every
city,
16
and
the
alcoholic
beverages
division
of
the
department
of
17
commerce
revenue
,
shall
be
supplementary
aids
to
the
department
18
of
public
safety.
Any
neglect,
misfeasance,
or
malfeasance
19
shown
by
any
peace
officer
included
in
this
section
shall
be
20
sufficient
cause
for
the
peace
officer’s
removal
as
provided
by
21
law.
This
section
shall
not
be
construed
to
affect
the
duties
22
and
responsibilities
of
any
county
attorney
or
peace
officer
23
with
respect
to
law
enforcement.
24
Sec.
88.
Section
123.53,
subsections
4,
5,
and
6,
Code
25
Supplement
2009,
are
amended
to
read
as
follows:
26
4.
The
treasurer
of
state
shall,
each
quarter,
prepare
27
an
estimate
of
the
gaming
revenues
and
of
the
moneys
to
be
28
deposited
in
the
beer
and
liquor
control
fund
that
will
become
29
available
during
the
remainder
of
the
appropriate
fiscal
year
30
for
the
purposes
described
in
subsection
3.
The
department
of
31
management,
the
department
of
inspections
and
appeals,
and
the
32
department
of
commerce
revenue
shall
take
appropriate
actions
33
to
provide
that
the
sum
of
the
amount
of
gaming
revenues
34
available
to
be
deposited
into
the
revenue
bonds
debt
service
35
fund
during
a
fiscal
year
and
the
amount
of
moneys
to
be
1
deposited
in
the
beer
and
liquor
control
fund
available
to
2
be
deposited
into
the
revenue
bonds
debt
service
fund
during
3
such
fiscal
year
will
be
sufficient
to
cover
any
anticipated
4
deficiencies.
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5.
After
any
transfer
provided
for
in
subsection
3
is
6
made,
the
department
of
commerce
revenue
shall
transfer
into
a
7
special
revenue
account
in
the
general
fund
of
the
state,
a
sum
8
of
money
at
least
equal
to
seven
percent
of
the
gross
amount
9
of
sales
made
by
the
division
from
the
beer
and
liquor
control
10
fund
on
a
monthly
basis
but
not
less
than
nine
million
dollars
11
annually.
Of
the
amounts
transferred,
two
million
dollars,
12
plus
an
additional
amount
determined
by
the
general
assembly,
13
shall
be
appropriated
to
the
Iowa
department
of
public
health
14
for
use
by
the
staff
who
administer
the
comprehensive
substance
15
abuse
program
under
chapter
125
for
substance
abuse
treatment
16
and
prevention
programs.
Any
amounts
received
in
excess
of
the
17
amounts
appropriated
to
the
Iowa
department
of
public
health
18
for
use
by
the
staff
who
administer
the
comprehensive
substance
19
abuse
program
under
chapter
125
shall
be
considered
part
of
the
20
general
fund
balance.
21
6.
After
any
transfers
provided
for
in
subsections
3
and
22
5,
the
department
of
commerce
revenue
shall
transfer
to
the
23
division
from
the
beer
and
liquor
control
fund
and
before
any
24
other
transfer
to
the
general
fund,
an
amount
sufficient
to
pay
25
the
costs
incurred
by
the
division
for
collecting
and
properly
26
disposing
of
the
liquor
containers.
27
Sec.
89.
Section
142A.3,
subsection
5,
paragraph
e,
Code
28
Supplement
2009,
is
amended
to
read
as
follows:
29
e.
The
alcoholic
beverages
division
of
the
department
of
30
commerce
revenue
.
31
Sec.
90.
Section
142A.4,
subsection
14,
Code
Supplement
32
2009,
is
amended
to
read
as
follows:
33
14.
Approve
contracts
entered
into
with
the
alcoholic
34
beverages
division
of
the
department
of
commerce
revenue
,
to
35
provide
for
enforcement
of
tobacco
laws
and
regulations.
1
Sec.
91.
Section
142A.5,
subsection
1,
paragraph
e,
Code
2
2009,
is
amended
to
read
as
follows:
3
e.
Enter
into
contracts
with
the
alcoholic
beverages
4
division
of
the
department
of
commerce
revenue
,
to
provide
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enforcement
of
tobacco
laws
and
regulations.
Such
contracts
6
shall
require
that
enforcement
efforts
include
training
of
7
local
authorities
who
issue
retailer
permits
and
education
of
8
retailers.
9
Sec.
92.
Section
321.19,
subsection
1,
unnumbered
paragraph
10
2,
Code
2009,
is
amended
to
read
as
follows:
11
The
department
shall
furnish,
on
application,
free
of
12
charge,
distinguishing
plates
for
vehicles
thus
exempted,
13
which
plates
except
plates
on
state
patrol
vehicles
shall
bear
14
the
word
“official”
and
the
department
shall
keep
a
separate
15
record.
Registration
plates
issued
for
state
patrol
vehicles,
16
except
unmarked
patrol
vehicles,
shall
bear
two
red
stars
17
on
a
yellow
background,
one
before
and
one
following
the
18
registration
number
on
the
plate,
which
registration
number
19
shall
be
the
officer’s
badge
number.
Registration
plates
20
issued
for
county
sheriff’s
patrol
vehicles
shall
display
one
21
seven-pointed
gold
star
followed
by
the
letter
“S”
and
the
call
22
number
of
the
vehicle.
However,
the
director
of
the
department
23
of
administrative
services
or
the
director
of
transportation
24
may
order
the
issuance
of
regular
registration
plates
for
any
25
exempted
vehicle
used
by
peace
officers
in
the
enforcement
26
of
the
law,
persons
enforcing
chapter
124
and
other
laws
27
relating
to
controlled
substances,
persons
in
the
department
of
28
justice,
the
alcoholic
beverages
division
of
the
department
of
29
commerce
revenue
,
disease
investigators
of
the
Iowa
department
30
of
public
health,
the
department
of
inspections
and
appeals,
31
and
the
department
of
revenue,
who
are
regularly
assigned
to
32
conduct
investigations
which
cannot
reasonably
be
conducted
33
with
a
vehicle
displaying
“official”
state
registration
plates,
34
persons
in
the
Iowa
lottery
authority
whose
regularly
assigned
35
duties
relating
to
security
or
the
carrying
of
lottery
tickets
1
cannot
reasonably
be
conducted
with
a
vehicle
displaying
2
“official”
registration
plates,
persons
in
the
department
of
3
economic
development
who
are
regularly
assigned
duties
relating
4
to
existing
industry
expansion
or
business
attraction,
and
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mental
health
professionals
or
health
care
professionals
who
6
provide
off-site
or
in-home
medical
or
mental
health
services
7
to
clients
of
publicly
funded
programs.
For
purposes
of
sale
8
of
exempted
vehicles,
the
exempted
governmental
body,
upon
the
9
sale
of
the
exempted
vehicle,
may
issue
for
in-transit
purposes
10
a
pasteboard
card
bearing
the
words
“Vehicle
in
Transit”,
the
11
name
of
the
official
body
from
which
the
vehicle
was
purchased,
12
together
with
the
date
of
the
purchase
plainly
marked
in
at
13
least
one-inch
letters,
and
other
information
required
by
the
14
department.
The
in-transit
card
is
valid
for
use
only
within
15
forty-eight
hours
after
the
purchase
date
as
indicated
on
the
16
bill
of
sale
which
shall
be
carried
by
the
driver.
17
Sec.
93.
Section
453A.2,
subsection
7,
Code
2009,
is
amended
18
to
read
as
follows:
19
7.
A
tobacco
compliance
employee
training
fund
is
created
in
20
the
office
of
the
treasurer
of
state.
The
fund
shall
consist
21
of
civil
penalties
assessed
by
the
Iowa
department
of
public
22
health
under
section
453A.22
for
violations
of
this
section.
23
Moneys
in
the
fund
are
appropriated
to
the
alcoholic
beverages
24
division
of
the
department
of
commerce
revenue
and
shall
be
25
used
to
develop
and
administer
the
tobacco
compliance
employee
26
training
program
under
section
453A.5.
Moneys
deposited
in
the
27
fund
shall
not
be
transferred,
used,
obligated,
appropriated,
28
or
otherwise
encumbered
except
as
provided
in
this
subsection.
29
Notwithstanding
section
8.33,
any
unexpended
balance
in
the
30
fund
at
the
end
of
the
fiscal
year
shall
be
retained
in
the
31
fund.
32
Sec.
94.
Section
453A.5,
subsection
1,
Code
2009,
is
amended
33
to
read
as
follows:
34
1.
The
alcoholic
beverages
division
of
the
department
of
35
commerce
revenue
shall
develop
a
tobacco
compliance
employee
1
training
program
not
to
exceed
two
hours
in
length
for
2
employees
and
prospective
employees
of
retailers,
as
defined
3
in
sections
453A.1
and
453A.42,
to
inform
the
employees
about
4
state
and
federal
laws
and
regulations
regarding
the
sale
of
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cigarettes
and
tobacco
products
to
persons
under
eighteen
years
6
of
age
and
compliance
with
and
the
importance
of
laws
regarding
7
the
sale
of
cigarettes
and
tobacco
products
to
persons
under
8
eighteen
years
of
age.
9
Sec.
95.
Section
455C.3,
subsections
2
and
5,
Code
2009,
are
10
amended
to
read
as
follows:
11
2.
A
distributor
shall
accept
and
pick
up
from
a
dealer
12
served
by
the
distributor
or
a
redemption
center
for
a
13
dealer
served
by
the
distributor
at
least
weekly,
or
when
the
14
distributor
delivers
the
beverage
product
if
deliveries
are
15
less
frequent
than
weekly,
any
empty
beverage
container
of
the
16
kind,
size
and
brand
sold
by
the
distributor,
and
shall
pay
to
17
the
dealer
or
person
operating
a
redemption
center
the
refund
18
value
of
a
beverage
container
and
the
reimbursement
as
provided
19
under
section
455C.2
within
one
week
following
pickup
of
the
20
containers
or
when
the
dealer
or
redemption
center
normally
21
pays
the
distributor
for
the
deposit
on
beverage
products
22
purchased
from
the
distributor
if
less
frequent
than
weekly.
23
A
distributor
or
employee
or
agent
of
a
distributor
is
not
in
24
violation
of
this
subsection
if
a
redemption
center
is
closed
25
when
the
distributor
attempts
to
make
a
regular
delivery
or
a
26
regular
pickup
of
empty
beverage
containers.
This
subsection
27
does
not
apply
to
a
distributor
selling
alcoholic
liquor
28
to
the
alcoholic
beverages
division
of
the
department
of
29
commerce
revenue
.
30
5.
The
alcoholic
beverages
division
of
the
department
31
of
commerce
revenue
shall
provide
for
the
disposal
of
empty
32
beverage
containers
as
required
under
subsection
2.
The
33
division
shall
give
priority
consideration
to
the
recycling
34
of
the
empty
beverage
containers
to
the
extent
possible,
35
before
any
other
appropriate
disposal
method
is
considered
or
1
implemented.
2
Sec.
96.
Section
546.2,
subsection
3,
paragraph
e,
Code
3
2009,
is
amended
by
striking
the
paragraph.
4
Sec.
97.
NEW
SECTION
.
421.2A
Alcoholic
beverages
division.
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An
alcoholic
beverages
division
is
created
within
the
6
department
of
revenue.
The
alcoholic
beverages
division
shall
7
enforce
and
implement
chapter
123.
The
division
is
headed
by
8
the
administrator
of
alcoholic
beverages
who
shall
be
appointed
9
pursuant
to
section
123.10.
The
alcoholic
beverages
commission
10
shall
perform
duties
within
the
division
pursuant
to
chapter
11
123.
12
Sec.
98.
REPEAL.
Section
546.9,
Code
2009,
is
repealed.
13
Sec.
99.
ALCOHOLIC
BEVERAGES
DIVISION
——
TRANSITION
14
PROVISIONS.
15
1.
In
regard
to
updating
references
and
format
in
the
16
Iowa
administrative
code
in
order
to
correspond
to
the
17
transferring
of
the
division
from
the
department
of
commerce
18
to
the
department
of
revenue
as
established
by
this
division
19
of
this
Act,
the
administrative
rules
coordinator
and
the
20
administrative
rules
review
committee,
in
consultation
with
the
21
administrative
code
editor,
shall
jointly
develop
a
schedule
22
for
the
necessary
updating
of
the
Iowa
administrative
code.
23
2.
Any
replacement
of
signs,
logos,
stationery,
insignia,
24
uniforms,
and
related
items
that
is
made
due
to
the
effect
of
25
this
division
of
this
Act
should
be
done
as
part
of
the
normal
26
replacement
cycle
for
such
items.
27
DIVISION
X
28
ALCOHOLIC
BEVERAGES
DIVISION
——
OPERATIONS
29
Sec.
100.
ALCOHOLIC
BEVERAGES
DIVISION
——
STATE
WAREHOUSE
30
FRIDAY
CLOSURE.
For
the
fiscal
year
beginning
July
1,
2010,
31
and
ending
June
30,
2011,
the
administrator
of
the
alcoholic
32
beverages
division
of
the
department
of
commerce
as
created
33
in
chapter
123
shall
close
the
main
state
warehouse
every
34
Friday.
However,
the
administrator
may
keep
the
warehouse
open
35
on
designated
Fridays
if
the
administrator
determines
that
1
anticipated
sales
on
that
Friday
justify
keeping
the
state
2
warehouse
open.
The
administrator
may
extend
the
closure
3
authorized
pursuant
to
this
section
to
the
succeeding
fiscal
4
year.
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Sec.
101.
TOBACCO
RETAIL
COMPLIANCE
CHECKS.
The
terms
6
of
a
chapter
28D
agreement
entered
into
between
the
division
7
of
tobacco
use
prevention
and
control
of
the
Iowa
department
8
of
public
health
and
the
alcoholic
beverages
division
of
the
9
department
of
commerce,
governing
compliance
checks
conducted
10
to
ensure
licensed
retail
tobacco
outlet
conformity
with
11
tobacco
laws,
regulations,
and
ordinances
relating
to
persons
12
under
eighteen
years
of
age,
shall
restrict
the
number
of
such
13
checks
to
one
check
per
retail
outlet
for
the
fiscal
year
14
beginning
July
1,
2010,
and
ending
June
30,
2011.
15
DIVISION
XI
16
ALCOHOLIC
BEVERAGES
DIVISION
——
DIRECT
SHIPMENT
OF
WINE
17
Sec.
102.
Section
123.173,
subsection
1,
Code
2009,
is
18
amended
to
read
as
follows:
19
1.
Permits
Except
as
provided
in
section
123.187,
20
permits
exclusively
for
the
sale
or
manufacture
and
sale
of
21
wine
shall
be
divided
into
four
classes,
and
shall
be
known
as
22
class
“A”,
“B”,
“B”
native,
or
“C”
native
wine
permits.
23
Sec.
103.
Section
123.187,
Code
2009,
is
amended
by
striking
24
the
section
and
inserting
in
lieu
thereof
the
following:
25
123.187
Direct
shipment
of
wine
——
licenses
and
requirements.
26
1.
A
wine
manufacturer
licensed
or
permitted
pursuant
to
27
laws
regulating
alcoholic
beverages
in
another
state
may
apply
28
for
a
wine
direct
shipper
license,
as
provided
in
this
section.
29
2.
a.
The
administrator
shall
issue
a
wine
direct
30
shipper
license
to
a
wine
manufacturer
who
submits
a
written
31
application
for
the
license
on
a
form
to
be
established
by
32
the
administrator
by
rule,
accompanied
by
a
true
copy
of
the
33
manufacturer’s
current
alcoholic
beverage
license
or
permit
34
issued
in
another
state,
and
a
copy
of
the
manufacturer’s
35
winery
license
issued
by
the
federal
alcohol
and
tobacco
tax
1
and
trade
bureau.
2
b.
An
application
submitted
pursuant
to
paragraph
“a”
shall
3
be
accompanied
by
a
license
fee
in
the
amount
of
twenty-five
4
dollars.
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c.
A
license
issued
pursuant
to
this
section
may
be
renewed
6
annually
by
resubmitting
the
information
required
in
paragraph
7
“a”
,
accompanied
by
the
twenty-five
dollar
license
fee.
8
3.
The
direct
shipment
of
wine
pursuant
to
this
9
section
shall
be
subject
to
the
following
requirements
and
10
restrictions:
11
a.
No
more
than
eighteen
liters
of
wine
per
month
may
be
12
shipped
by
a
wine
direct
shipper
licensee
to
a
resident
of
13
this
state
who
is
at
least
twenty-one
years
of
age,
for
the
14
resident’s
personal
use
and
not
for
resale.
15
b.
Wine
subject
to
direct
shipping
shall
be
properly
16
registered
with
the
federal
alcohol
and
tobacco
tax
and
trade
17
bureau,
and
manufactured
on
the
winery
premises
of
the
wine
18
direct
shipper
licensee.
19
c.
All
containers
of
wine
shipped
directly
to
a
resident
20
of
this
state
shall
be
conspicuously
labeled
with
the
words
21
CONTAINS
ALCOHOL:
SIGNATURE
OF
PERSON
AGE
21
OR
OLDER
REQUIRED
22
FOR
DELIVERY
or
shall
be
conspicuously
labeled
with
alternative
23
wording
preapproved
by
the
administrator.
24
d.
All
containers
of
wine
shipped
directly
to
a
resident
of
25
this
state
shall
be
shipped
by
an
alcohol
carrier
licensed
as
26
provided
in
subsection
6.
27
4.
a.
In
addition
to
the
annual
license
fee,
a
wine
28
direct
shipper
licensee
shall
remit
to
the
division
an
amount
29
equivalent
to
the
wine
gallonage
tax
at
the
rate
specified
in
30
section
123.183
for
deposit
in
the
beer
and
liquor
control
fund
31
created
in
section
123.53.
The
amount
shall
be
remitted
at
32
the
same
time
and
in
the
same
manner
as
provided
in
section
33
123.184,
and
the
ten
percent
penalty
specified
therein
shall
34
be
applicable.
35
b.
Shipment
of
wine
pursuant
to
this
subsection
is
not
1
subject
to
sales
tax
under
section
423.2,
use
tax
under
2
section
423.5,
and
does
not
require
a
refund
value
for
beverage
3
container
control
purposes
under
chapter
455C.
4
5.
A
wine
direct
shipper
licensee
shall
be
deemed
to
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have
consented
to
the
jurisdiction
of
the
division
or
any
6
other
agency
or
court
in
this
state
concerning
enforcement
7
of
this
section
and
any
related
laws,
rules,
or
regulations.
8
A
licensee
shall
permit
the
division
to
perform
an
audit
of
9
shipping
records
upon
request.
10
6.
a.
Wine
subject
to
direct
shipment
pursuant
to
this
11
section
shall
be
delivered
only
by
a
carrier
having
obtained
12
from
the
division
an
alcohol
carrier
license.
An
alcohol
13
carrier
license
shall
be
issued
subject
to
requirements,
14
fees,
and
upon
application
forms
to
be
determined
by
the
15
administrator
by
rule.
16
b.
An
alcohol
carrier
licensee
shall
not
deliver
wine
to
17
any
person
under
twenty-one
years
of
age,
or
to
any
person
18
who
either
is
or
appears
to
be
in
an
intoxicated
state
or
19
condition.
A
licensee
shall
obtain
valid
proof
of
identity
and
20
age
prior
to
delivery,
and
shall
obtain
the
signature
of
an
21
adult
as
a
condition
of
delivery.
22
c.
An
alcohol
carrier
licensee
shall
maintain
records
of
23
wine
shipped
which
include
the
license
number
and
name
of
the
24
wine
manufacturer,
quantity
of
wine
shipped,
recipient’s
name
25
and
address,
and
an
electronic
or
paper
form
of
signature
from
26
the
recipient
of
the
wine.
27
7.
The
holder
of
a
permit
for
the
sale
or
manufacture
and
28
sale
of
wine
listed
in
section
123.173,
subsection
1,
shall
be
29
authorized
under
that
permit
and
without
any
other
licensing
30
requirement
to
ship
out
of
this
state
by
private
common
31
carrier,
to
a
person
twenty-one
years
of
age
or
older,
not
more
32
than
eighteen
liters
of
wine
per
month,
for
consumption
or
use
33
by
the
person.
34
8.
A
violation
of
this
section
shall
subject
a
licensee
to
35
the
penalty
provisions
of
section
123.39.
1
DIVISION
XII
2
DEPARTMENT
OF
HUMAN
RIGHTS
——
REORGANIZATION
3
Sec.
104.
Section
216A.1,
Code
2009,
is
amended
to
read
as
4
follows:
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216A.1
Department
of
human
rights
——
purpose
.
6
1.
A
department
of
human
rights
is
created,
with
the
7
following
divisions
and
offices
:
8
a.
Division
of
community
advocacy
and
services,
with
the
9
following
offices:
10
1.
(1)
Division
Office
of
Latino
affairs.
11
2.
(2)
Division
Office
on
the
status
of
women.
12
3.
(3)
Division
Office
of
persons
with
disabilities.
13
4.
Division
of
community
action
agencies.
14
5.
(4)
Division
Office
of
deaf
services.
15
6.
Division
of
criminal
and
juvenile
justice
planning.
16
7.
(5)
Division
Office
on
the
status
of
17
African-Americans
African
Americans
.
18
8.
(6)
Division
Office
on
the
status
of
Iowans
of
Asian
and
19
Pacific
Islander
heritage.
20
9.
(7)
Division
Office
on
Native
American
affairs.
21
b.
Division
of
community
action
agencies.
22
c.
Division
of
criminal
and
juvenile
justice
planning.
23
2.
The
purpose
of
the
department
is
to
ensure
basic
24
rights,
freedoms,
and
opportunities
for
all
by
empowering
25
underrepresented
Iowans
and
eliminating
economic,
social,
and
26
cultural
barriers.
27
Sec.
105.
Section
216A.2,
Code
2009,
is
amended
by
striking
28
the
section
and
inserting
in
lieu
thereof
the
following:
29
216A.2
Appointment
of
department
director,
deputy
director,
30
and
administrators
——
duties.
31
1.
The
governor
shall
appoint
a
director
of
the
department
32
of
human
rights,
subject
to
confirmation
by
the
senate
pursuant
33
to
section
2.32.
The
department
director
shall
serve
at
the
34
pleasure
of
the
governor
and
is
exempt
from
the
merit
system
35
provisions
of
chapter
8A,
subchapter
IV.
The
governor
shall
1
set
the
salary
of
the
department
director
within
the
ranges
set
2
by
the
general
assembly.
3
2.
The
director
is
the
chief
administrative
officer
of
4
the
department
and
in
that
capacity
administers
the
programs
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and
services
of
the
department
in
compliance
with
applicable
6
federal
and
state
laws
and
regulations.
The
duties
of
the
7
director
include
preparing
a
budget,
establishing
an
internal
8
administrative
structure,
and
employing
personnel.
9
3.
The
department
director
shall
appoint
the
administrators
10
of
the
divisions
within
the
department
and
all
other
personnel
11
deemed
necessary
for
the
administration
of
this
chapter.
12
The
department
director
shall
establish
the
duties
of
the
13
administrators
of
the
divisions
within
the
department.
14
4.
The
department
director
shall
do
all
of
the
following:
15
a.
Establish
general
operating
policies
for
the
department
16
to
provide
general
uniformity
among
the
offices
while
providing
17
for
necessary
benefits.
18
b.
Prepare
a
budget
for
the
department,
subject
to
the
19
budget
requirements
pursuant
to
chapter
8,
for
approval
by
the
20
board.
21
c.
Coordinate
and
supervise
personnel
services
and
shared
22
administrative
support
services
to
assure
maximum
support
and
23
assistance
to
the
divisions.
24
d.
Identify
and
facilitate
the
opportunities
for
25
consolidation
and
efficiencies
within
the
department.
26
e.
Serve
as
an
ex
officio
member
of
all
commissions
or
27
councils
within
the
department.
28
f.
Serve
as
an
ex
officio,
nonvoting
member
of
the
human
29
rights
board.
30
g.
Solicit
and
accept
gifts
and
grants
on
behalf
of
the
31
department
and
each
commission
or
council
and
administer
such
32
gifts
and
grants
in
accordance
with
the
terms
thereof.
33
h.
Enter
into
contracts
with
public
and
private
individuals
34
and
entities
to
conduct
the
business
and
achieve
the
objectives
35
of
the
department
and
each
commission
or
council.
1
i.
Issue
an
annual
report
to
the
governor
and
general
2
assembly
no
later
than
November
1
of
each
year
concerning
3
the
operations
of
the
department.
However,
the
division
of
4
criminal
and
juvenile
justice
planning
and
the
division
of
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community
action
agencies
shall
submit
annual
reports
as
6
specified
in
this
chapter.
7
j.
Seek
to
implement
the
comprehensive
strategic
plan
8
approved
by
the
board
under
section
216A.3.
9
k.
Assist
the
department
of
economic
development
in
10
implementing
the
requirements
of
chapter
73
concerning
targeted
11
small
business
procurement.
12
Sec.
106.
Section
216A.3,
Code
2009,
is
amended
by
striking
13
the
section
and
inserting
in
lieu
thereof
the
following:
14
216A.3
Human
rights
board.
15
1.
A
human
rights
board
is
created
within
the
department
of
16
human
rights.
17
2.
The
board
shall
consist
of
fourteen
members,
including
18
nine
voting
members
and
five
nonvoting
members
and
determined
19
as
follows:
20
a.
The
voting
members
shall
consist
of
nine
voting
members
21
selected
by
each
of
the
permanent
commissions
within
the
22
department,
and
two
voting
members,
appointed
by
the
governor.
23
For
purposes
of
this
paragraph
“a”
,
“permanent
commissions”
24
means
the
commission
of
Latino
affairs,
commission
on
the
25
status
of
women,
commission
of
persons
with
disabilities,
26
commission
on
community
action
agencies,
commission
on
the
27
deaf,
criminal
and
juvenile
justice
planning
advisory
council,
28
commission
on
the
status
of
African
Americans,
commission
on
29
the
status
of
Iowans
of
Asian
and
Pacific
Islander
heritage,
30
and
commission
on
Native
American
affairs.
31
b.
The
nonvoting
members
shall
consist
of
the
department
32
director,
two
state
representatives,
one
appointed
by
the
33
speaker
of
the
house
of
representatives
and
one
by
the
minority
34
leader
of
the
house
of
representatives,
and
two
state
senators,
35
one
appointed
by
the
majority
leader
of
the
senate
and
one
by
1
the
minority
leader
of
the
senate.
2
3.
A
majority
of
the
members
of
the
board
shall
constitute
3
a
quorum,
and
the
affirmative
vote
of
two-thirds
of
the
voting
4
members
is
necessary
for
any
substantive
action
taken
by
the
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board.
The
board
shall
select
a
chairperson
from
the
voting
6
members
of
the
board.
The
board
shall
meet
not
less
than
four
7
times
a
year.
8
4.
The
board
shall
have
the
following
duties:
9
a.
Develop
and
monitor
implementation
of
a
comprehensive
10
strategic
plan
to
remove
barriers
for
underrepresented
11
populations
and,
in
doing
so,
to
increase
Iowa’s
productivity
12
and
inclusivity,
including
performance
measures
and
benchmarks.
13
b.
Approve,
disapprove,
amend,
or
modify
the
budget
14
recommended
by
the
department
director
for
the
operation
of
15
the
department,
subject
to
the
budget
requirements
pursuant
to
16
chapter
8.
17
c.
Adopt
administrative
rules
pursuant
to
chapter
17A,
18
upon
the
recommendation
of
the
department
director,
for
the
19
operation
of
the
department.
20
d.
By
November
1
of
each
year,
approve
the
department
report
21
to
the
general
assembly
and
the
governor
that
covers
activities
22
during
the
preceding
fiscal
year.
23
Sec.
107.
Section
216A.4,
Code
2009,
is
amended
by
adding
24
the
following
new
subsections:
25
NEW
SUBSECTION
.
0A.
“Board”
means
human
rights
board.
26
NEW
SUBSECTION
.
3.
“Underrepresented”
means
the
historical
27
marginalization
of
populations
or
groups
in
the
United
States
28
and
Iowa,
including
but
not
limited
to
African
Americans,
Asian
29
and
Pacific
Islanders,
persons
who
are
deaf
or
hard
of
hearing,
30
persons
with
disabilities,
Latinos,
Native
Americans,
women,
31
persons
who
have
low
incomes,
and
adults
or
juveniles
with
a
32
criminal
history.
33
Sec.
108.
NEW
SECTION
.
216A.7
Access
to
information.
34
Upon
request
of
the
director
or
a
commission,
council,
or
35
administrator
of
a
division
of
the
department,
all
boards,
1
agencies,
departments,
and
offices
of
the
state
shall
make
2
available
nonconfidential
information,
records,
data,
and
3
statistics
which
are
relevant
to
the
populations
served
by
the
4
offices,
councils,
and
commissions
of
the
department.
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Sec.
109.
Section
216A.11,
subsection
1,
Code
2009,
is
6
amended
by
striking
the
subsection.
7
Sec.
110.
Section
216A.11,
subsection
3,
Code
2009,
is
8
amended
to
read
as
follows:
9
3.
“Division”
“Office”
means
the
division
office
of
Latino
10
affairs
of
the
department
of
human
rights.
11
Sec.
111.
Section
216A.12,
Code
Supplement
2009,
is
amended
12
to
read
as
follows:
13
216A.12
Commission
of
Latino
affairs
——
terms
——
14
compensation.
15
1.
The
commission
of
Latino
affairs
consists
of
16
nine
seven
members,
appointed
by
the
governor
,
and
subject
17
to
confirmation
by
the
senate
pursuant
to
section
2.32
.
18
Commission
members
shall
be
appointed
in
compliance
with
19
sections
69.16
and
69.16A
and
with
consideration
given
to
20
geographic
residence
in
the
state
and
density
of
Latino
21
population
represented
by
each
member
in
the
area
of
geographic
22
residence
.
Commission
members
shall
reside
in
the
state.
23
2.
The
members
of
the
commission
shall
be
appointed
during
24
the
month
of
June
and
shall
serve
for
terms
of
two
years
25
commencing
July
1
of
each
odd-numbered
year.
Members
appointed
26
shall
continue
to
serve
until
their
respective
successors
are
27
appointed.
Vacancies
in
the
membership
of
the
commission
shall
28
be
filled
by
the
original
appointing
authority
and
in
the
29
manner
of
the
original
appointments.
Members
shall
receive
30
actual
expenses
incurred
while
serving
in
their
official
31
capacity.
Members
may
also
be
eligible
to
receive
compensation
32
as
provided
in
section
7E.6.
33
3.
The
commission
shall
select
from
its
membership
a
34
chairperson
and
other
officers
as
it
deems
necessary
and
shall
35
meet
at
least
quarterly
each
fiscal
year.
A
majority
of
the
1
members
currently
appointed
to
the
commission
shall
constitute
2
a
quorum
and
the
affirmative
vote
of
a
majority
of
the
3
currently
appointed
members
is
necessary
for
any
substantive
4
action
taken
by
the
commission.
A
member
shall
not
vote
on
any
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action
if
the
member
has
a
conflict
of
interest
on
the
matter
6
and
a
statement
by
the
member
of
a
conflict
of
interest
shall
7
be
conclusive
for
this
purpose.
8
Sec.
112.
Section
216A.14,
Code
2009,
is
amended
by
striking
9
the
section
and
inserting
in
lieu
thereof
the
following:
10
216A.14
Office
of
Latino
affairs
——
duties.
11
The
office
of
Latino
affairs
is
established
and
shall
do
the
12
following:
13
1.
Serve
as
the
central
permanent
agency
to
advocate
for
14
Latino
persons.
15
2.
Coordinate,
assist,
and
cooperate
with
the
efforts
of
16
state
departments
and
agencies
to
serve
the
needs
of
Latino
17
persons
in
the
fields
of
education,
employment,
health,
18
housing,
welfare,
and
recreation.
19
3.
Develop,
coordinate,
and
assist
other
public
20
organizations
which
serve
Latino
persons.
21
4.
Serve
as
an
information
clearinghouse
on
programs
and
22
agencies
operating
to
assist
Latino
persons.
23
Sec.
113.
Section
216A.15,
subsections
1
through
9,
Code
24
2009,
are
amended
by
striking
the
subsections
and
inserting
in
25
lieu
thereof
the
following:
26
1.
Study
the
opportunities
for
and
changing
needs
of
the
27
Latino
population
of
this
state.
28
2.
Serve
as
liaison
between
the
office
and
the
public,
29
sharing
information
and
gathering
constituency
input.
30
3.
Recommend
to
the
board
for
adoption
rules
pursuant
31
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
32
office.
33
4.
Recommend
to
the
department
director
policies
and
34
programs
for
the
office.
35
5.
Establish
advisory
committees,
work
groups,
or
other
1
coalitions
as
appropriate.
2
Sec.
114.
Section
216A.51,
subsection
1,
Code
2009,
is
3
amended
by
striking
the
subsection.
4
Sec.
115.
Section
216A.51,
subsection
3,
Code
2009,
is
5
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amended
to
read
as
follows:
6
3.
“Division”
“Office”
means
the
division
office
on
the
7
status
of
women
of
the
department
of
human
rights.
8
Sec.
116.
Section
216A.52,
Code
2009,
is
amended
by
striking
9
the
section
and
inserting
in
lieu
thereof
the
following:
10
216A.52
Office
on
the
status
of
women.
11
The
office
on
the
status
of
women
is
established,
and
shall
12
do
all
of
the
following:
13
1.
Serve
as
the
central
permanent
agency
to
advocate
for
14
women
and
girls.
15
2.
Coordinate
and
cooperate
with
the
efforts
of
state
16
departments
and
agencies
to
serve
the
needs
of
women
and
girls
17
in
participating
fully
in
the
economic,
social,
and
cultural
18
life
of
the
state,
and
provide
direct
assistance
to
individuals
19
who
request
it.
20
3.
Serve
as
a
clearinghouse
on
programs
and
agencies
21
operating
to
assist
women
and
girls.
22
4.
Develop,
coordinate,
and
assist
other
public
or
private
23
organizations
which
serve
women
and
girls.
24
Sec.
117.
Section
216A.53,
Code
2009,
is
amended
by
striking
25
the
section
and
inserting
in
lieu
thereof
the
following:
26
216A.53
Commission
on
the
status
of
women
established.
27
1.
The
commission
on
the
status
of
women
is
established
and
28
shall
consist
of
seven
voting
members
who
shall
be
appointed
by
29
the
governor,
subject
to
confirmation
by
the
senate
pursuant
30
to
section
2.32,
and
shall
represent
a
cross
section
of
the
31
citizens
of
the
state.
No
more
than
a
simple
majority
of
the
32
commission
members
shall
be
from
the
same
political
party.
All
33
members
shall
reside
in
the
state.
34
2.
The
term
of
office
for
voting
members
is
four
years.
35
Members
whose
terms
expire
may
be
reappointed.
Vacancies
in
1
voting
membership
positions
on
the
commission
shall
be
filled
2
for
the
unexpired
term
in
the
same
manner
as
the
original
3
appointment.
Voting
members
of
the
commission
shall
receive
a
4
per
diem
as
specified
in
section
7E.6
and
shall
be
reimbursed
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for
actual
expenses
incurred
while
serving
in
their
official
6
capacity,
subject
to
statutory
limits.
7
3.
Members
of
the
commission
shall
appoint
a
chairperson
and
8
vice
chairperson
and
any
other
officers
as
the
commission
deems
9
necessary.
The
commission
shall
meet
at
least
quarterly
during
10
each
fiscal
year.
A
majority
of
the
voting
members
currently
11
appointed
to
the
commission
shall
constitute
a
quorum.
A
12
quorum
of
the
members
shall
be
required
for
the
conduct
of
13
business
of
the
commission
and
the
affirmative
vote
of
a
14
majority
of
the
currently
appointed
voting
members
is
necessary
15
for
any
substantive
action
taken
by
the
commission.
A
member
16
shall
not
vote
on
any
action
if
the
member
has
a
conflict
of
17
interest
on
the
matter
and
a
statement
by
the
member
of
a
18
conflict
of
interest
shall
be
conclusive
for
this
purpose.
19
Sec.
118.
Section
216A.54,
Code
2009,
is
amended
by
striking
20
the
section
and
inserting
in
lieu
thereof
the
following:
21
216A.54
Commission
powers
and
duties.
22
1.
The
commission
shall
have
the
following
powers
and
23
duties:
24
a.
Study
the
opportunities
for
and
changing
needs
of
the
25
women
and
girls
of
this
state.
26
b.
Serve
as
liaison
between
the
office
and
the
public,
27
sharing
information
and
gathering
constituency
input.
28
c.
Recommend
to
the
board
the
adoption
of
rules
pursuant
29
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
30
office.
31
d.
Recommend
legislative
and
executive
action
to
the
32
governor
and
general
assembly.
33
e.
Establish
advisory
committees,
work
groups,
or
other
34
coalitions
as
appropriate.
35
Sec.
119.
Section
216A.71,
subsection
1,
Code
2009,
is
1
amended
by
striking
the
subsection.
2
Sec.
120.
Section
216A.71,
subsection
3,
Code
2009,
is
3
amended
to
read
as
follows:
4
3.
“Division”
“Office”
means
the
division
office
of
persons
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with
disabilities
of
the
department
of
human
rights.
6
Sec.
121.
Section
216A.72,
Code
2009,
is
amended
by
striking
7
the
section
and
inserting
in
lieu
thereof
the
following:
8
216A.72
Office
of
persons
with
disabilities.
9
The
office
of
persons
with
disabilities
is
established,
and
10
shall
do
all
of
the
following:
11
1.
Serve
as
the
central
permanent
agency
to
advocate
for
12
persons
with
disabilities.
13
2.
Coordinate
and
cooperate
with
the
efforts
of
state
14
departments
and
agencies
to
serve
the
needs
of
persons
with
15
disabilities
in
participating
fully
in
the
economic,
social,
16
and
cultural
life
of
the
state,
and
provide
direct
assistance
17
to
individuals
who
request
it.
18
3.
Develop,
coordinate,
and
assist
other
public
or
private
19
organizations
which
serve
persons
with
disabilities.
20
4.
Serve
as
an
information
clearinghouse
on
programs
and
21
agencies
operating
to
assist
persons
with
disabilities.
22
Sec.
122.
Section
216A.74,
Code
Supplement
2009,
is
amended
23
by
striking
the
section
and
inserting
in
lieu
thereof
the
24
following:
25
216A.74
Commission
of
persons
with
disabilities
established.
26
1.
The
commission
of
persons
with
disabilities
is
27
established
and
shall
consist
of
seven
voting
members
28
appointed
by
the
governor
subject
to
confirmation
by
the
29
senate
pursuant
to
section
2.32.
Insofar
as
practicable,
30
the
commission
shall
consist
of
persons
with
disabilities;
31
family
members
of
persons
with
disabilities;
representatives
of
32
industry,
labor,
business,
and
agriculture;
representatives
of
33
federal,
state,
and
local
government;
and
representatives
of
34
religious,
charitable,
fraternal,
civic,
educational,
medical,
35
legal,
veteran,
welfare,
and
other
professional
groups
and
1
organizations.
Members
of
the
commission
shall
be
appointed
2
with
consideration
given
to
geographic
residence
of
the
state.
3
All
members
shall
reside
in
the
state.
4
2.
Terms
of
office
are
four
years
and
shall
begin
and
end
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pursuant
to
section
69.19.
Members
whose
terms
expire
may
6
be
reappointed.
Vacancies
on
the
commission
shall
be
filled
7
for
the
unexpired
term
in
the
same
manner
as
the
original
8
appointment.
Voting
members
shall
receive
actual
expenses
9
incurred
while
serving
in
their
official
capacity,
subject
10
to
statutory
limits.
Voting
members
may
also
be
eligible
to
11
receive
compensation
as
provided
in
section
7E.6.
12
3.
Members
of
the
commission
shall
appoint
a
chairperson.
13
The
commission
shall
meet
at
least
quarterly
during
each
fiscal
14
year.
A
majority
of
the
voting
members
currently
appointed
15
to
the
commission
shall
constitute
a
quorum.
A
quorum
shall
16
be
required
for
the
conduct
of
business
of
the
commission
and
17
the
affirmative
vote
of
a
majority
of
the
currently
appointed
18
voting
members
is
necessary
for
any
substantive
action
taken
by
19
the
commission.
A
member
shall
not
vote
on
any
action
if
the
20
member
has
a
conflict
of
interest
on
the
matter
and
a
statement
21
by
the
member
of
a
conflict
of
interest
shall
be
conclusive
for
22
this
purpose.
23
Sec.
123.
Section
216A.75,
Code
2009,
is
amended
by
striking
24
the
section
and
inserting
in
lieu
thereof
the
following:
25
216A.75
Commission
powers
and
duties.
26
The
commission
shall
have
the
following
powers
and
duties:
27
1.
Study
the
opportunities
for
and
changing
needs
of
persons
28
with
disabilities
in
this
state.
29
2.
Serve
as
liaisons
between
the
office
and
the
public,
30
sharing
information
and
gathering
constituency
input.
31
3.
Recommend
to
the
board
the
adoption
of
rules
pursuant
32
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
33
office.
34
4.
Recommend
legislative
and
executive
action
to
the
35
governor
and
general
assembly.
1
5.
Establish
advisory
committees,
work
groups,
or
other
2
coalitions
as
appropriate.
3
Sec.
124.
Section
216A.92,
Code
2009,
is
amended
by
striking
4
the
section
and
inserting
in
lieu
thereof
the
following:
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216A.92
Division
of
community
action
agencies.
6
1.
The
division
of
community
action
agencies
is
7
established.
The
purpose
of
the
division
of
community
action
8
agencies
is
to
strengthen,
supplement,
and
coordinate
efforts
9
to
develop
the
full
potential
of
each
citizen
by
recognizing
10
certain
community
action
agencies
and
supporting
certain
11
community-based
programs
delivered
by
community
action
12
agencies.
13
2.
The
division
shall
do
all
of
the
following:
14
a.
Provide
financial
assistance
for
community
action
15
agencies
to
implement
community
action
programs,
as
permitted
16
by
the
community
service
block
grant
and
subject
to
the
funding
17
made
available
for
the
program.
18
b.
Administer
the
community
services
block
grant,
the
19
low-income
energy
assistance
block
grants,
department
of
energy
20
funds
for
weatherization,
and
other
possible
funding
sources.
21
If
a
political
subdivision
is
the
community
action
agency,
22
the
financial
assistance
shall
be
allocated
to
the
political
23
subdivision.
24
c.
Implement
accountability
measures
for
its
programs
and
25
require
regular
reporting
on
the
measures
by
the
community
26
action
agencies.
27
d.
Issue
an
annual
report
to
the
governor
and
general
28
assembly
by
July
1
of
each
year.
29
Sec.
125.
Section
216A.92A,
subsection
1,
paragraph
c,
Code
30
2009,
is
amended
to
read
as
follows:
31
c.
One-third
of
the
members
shall
be
persons
who,
according
32
to
federal
guidelines,
have
incomes
at
or
below
one
hundred
33
eighty-five
percent
of
poverty
level.
34
Sec.
126.
Section
216A.92A,
subsection
3,
Code
2009,
is
1
amended
to
read
as
follows:
2
3.
The
commission
shall
select
from
its
membership
a
3
chairperson
and
other
officers
as
it
deems
necessary.
The
4
commission
shall
meet
no
less
than
four
times
per
year.
A
5
majority
of
the
members
of
the
commission
shall
constitute
a
6
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quorum.
7
Sec.
127.
Section
216A.92B,
Code
2009,
is
amended
by
8
striking
the
section
and
inserting
in
lieu
thereof
the
9
following:
10
216A.92B
Commission
powers
and
duties.
11
The
commission
shall
have
the
following
powers
and
duties:
12
1.
Recommend
to
the
board
the
adoption
of
rules
pursuant
13
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
14
division.
15
2.
Supervise
the
collection
of
data
regarding
the
scope
of
16
services
provided
by
the
community
action
agencies.
17
3.
Serve
as
liaisons
between
the
division
and
the
public,
18
sharing
information
and
gathering
constituency
input.
19
4.
Make
recommendations
to
the
governor
and
the
general
20
assembly
for
executive
and
legislative
action
designed
to
21
improve
the
status
of
low-income
persons
in
the
state.
22
5.
Establish
advisory
committees,
work
groups,
or
other
23
coalitions
as
appropriate.
24
Sec.
128.
Section
216A.93,
Code
2009,
is
amended
to
read
as
25
follows:
26
216A.93
Establishment
of
community
action
agencies.
27
The
division
shall
recognize
and
assist
in
the
designation
28
of
certain
community
action
agencies
to
assist
in
the
29
delivery
of
community
action
programs.
These
programs
shall
30
include
,
but
not
be
limited
to
,
outreach,
community
services
31
block
grant,
low-income
energy
assistance,
and
weatherization
32
programs.
If
a
community
action
agency
is
in
effect
and
33
currently
serving
an
area,
that
community
action
agency
shall
34
become
the
designated
community
action
agency
for
that
area.
35
If
there
is
not
a
designated
community
action
agency
in
the
1
area
a
city
council
or
county
board
of
supervisors
or
any
2
combination
of
one
or
more
councils
or
boards
may
establish
3
a
community
action
agency
and
may
apply
to
the
division
for
4
recognition.
The
council
or
board
or
the
combination
may
adopt
5
an
ordinance
or
resolution
establishing
a
community
action
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agency
if
a
community
action
agency
has
not
been
designated.
7
It
is
the
purpose
of
the
division
of
community
action
agencies
8
to
strengthen,
supplement,
and
coordinate
efforts
to
develop
9
the
full
potential
of
each
citizen
by
recognizing
certain
10
community
action
agencies
and
the
continuation
of
certain
11
community-based
programs
delivered
by
community
action
12
agencies.
If
any
geographic
area
of
the
state
ceases
to
be
13
served
by
a
designated
community
action
agency,
the
division
14
may
solicit
applications
and
assist
the
governor
in
designating
15
a
community
action
agency
for
that
area
in
accordance
with
16
current
community
services
block
grant
requirements.
17
Sec.
129.
Section
216A.94,
subsection
2,
Code
2009,
is
18
amended
to
read
as
follows:
19
2.
Notwithstanding
subsection
1,
a
public
agency
20
shall
establish
an
advisory
board
or
may
contract
with
a
21
delegate
agency
to
assist
the
governing
board
in
meeting
22
the
requirements
of
section
216A.95
.
The
advisory
board
or
23
delegate
agency
board
shall
be
composed
of
the
same
type
24
of
membership
as
a
board
of
directors
for
community
action
25
agencies
under
subsection
1.
However,
the
public
agency
acting
26
as
In
addition,
the
advisory
board
of
the
community
action
27
agency
shall
have
the
sole
authority
to
determine
annual
28
program
budget
requests.
29
Sec.
130.
Section
216A.95,
subsection
1,
Code
2009,
is
30
amended
by
striking
the
subsection
and
inserting
in
lieu
31
thereof
the
following:
32
1.
The
governing
board
or
advisory
board
shall
fully
33
participate
in
the
development,
planning,
implementation,
and
34
evaluation
of
programs
to
serve
low-income
communities.
35
Sec.
131.
Section
216A.96,
subsection
1,
Code
2009,
is
1
amended
by
striking
the
subsection
and
inserting
in
lieu
2
thereof
the
following:
3
1.
Plan
and
implement
strategies
to
alleviate
the
4
conditions
of
poverty
and
encourage
self-sufficiency
for
5
citizens
in
its
service
area
and
in
Iowa.
In
doing
so,
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an
agency
shall
plan
for
a
community
action
program
by
7
establishing
priorities
among
projects,
activities,
and
areas
8
to
provide
for
the
most
efficient
use
of
possible
resources.
9
Sec.
132.
Section
216A.96,
subsection
4,
Code
2009,
is
10
amended
to
read
as
follows:
11
4.
Encourage
and
support
self-help,
volunteer,
business,
12
labor,
and
other
groups
and
organizations
to
assist
public
13
officials
and
agencies
in
supporting
a
community
action
program
14
which
results
in
the
additional
use
of
by
providing
private
15
resources
while
,
developing
new
employment
opportunities,
16
encouraging
investments
which
have
an
impact
on
reducing
17
poverty
among
the
poor
in
areas
of
concentrated
poverty,
and
18
providing
methods
by
which
low-income
persons
can
work
with
19
private
organizations,
businesses,
and
institutions
in
seeking
20
solutions
to
problems
of
common
concern.
21
Sec.
133.
Section
216A.97,
Code
2009,
is
amended
to
read
as
22
follows:
23
216A.97
Administration.
24
A
community
action
agency
or
a
delegate
agency
may
25
administer
the
components
of
a
community
action
program
26
when
the
program
is
consistent
with
plans
and
purposes
and
27
applicable
law.
The
community
action
programs
may
be
projects
28
which
are
eligible
for
assistance
from
any
source.
The
29
programs
shall
be
developed
to
meet
local
needs
and
may
be
30
designed
to
meet
eligibility
standards
of
a
federal
or
state
31
program
providing
assistance
to
a
plan
to
meet
local
needs
.
32
Sec.
134.
Section
216A.98,
Code
2009,
is
amended
to
read
as
33
follows:
34
216A.98
Audit.
35
Each
community
action
agency
shall
be
audited
annually
but
1
shall
not
be
required
to
obtain
a
duplicate
audit
to
meet
the
2
requirements
of
this
section.
In
lieu
of
an
audit
by
the
3
auditor
of
state,
the
community
action
agency
may
contract
with
4
or
employ
a
certified
public
accountant
to
conduct
the
audit,
5
pursuant
to
the
applicable
terms
and
conditions
prescribed
by
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sections
11.6
and
11.19
and
an
audit
format
prescribed
by
the
7
auditor
of
state.
Copies
of
each
audit
shall
be
furnished
to
8
the
division
within
three
months
following
the
annual
audit
in
9
a
manner
prescribed
by
the
division
.
10
Sec.
135.
Section
216A.102,
subsection
3,
Code
2009,
is
11
amended
to
read
as
follows:
12
3.
Under
rules
developed
by
the
division
of
community
action
13
agencies
of
the
department
of
human
rights
and
adopted
by
14
the
board
,
the
fund
may
be
used
to
negotiate
reconnection
of
15
essential
utility
services
with
the
energy
provider.
16
Sec.
136.
Section
216A.104,
subsections
4
and
5,
Code
2009,
17
are
amended
by
striking
the
subsections.
18
Sec.
137.
Section
216A.107,
subsection
2,
Code
Supplement
19
2009,
is
amended
to
read
as
follows:
20
2.
Unless
otherwise
provided
by
law,
terms
of
members,
21
election
of
officers,
and
other
procedural
matters
shall
be
22
as
determined
by
the
council.
A
quorum
shall
be
required
for
23
the
conduct
of
business
of
the
council
and
the
affirmative
24
vote
of
a
majority
of
the
currently
appointed
voting
members
25
is
necessary
for
any
substantive
action
taken
by
the
council.
26
A
member
shall
not
vote
on
any
action
if
the
member
has
a
27
conflict
of
interest
on
the
matter
and
a
statement
by
the
28
member
of
a
conflict
of
interest
shall
be
conclusive
for
this
29
purpose.
30
Sec.
138.
Section
216A.111,
subsection
1,
Code
2009,
is
31
amended
by
striking
the
subsection.
32
Sec.
139.
Section
216A.111,
subsection
3,
Code
2009,
is
33
amended
to
read
as
follows:
34
3.
“Division”
“Office”
means
the
division
office
of
deaf
35
services
of
the
department
of
human
rights.
1
Sec.
140.
Section
216A.112,
Code
2009,
is
amended
by
2
striking
the
section
and
inserting
in
lieu
thereof
the
3
following:
4
216A.112
Office
of
deaf
services.
5
The
office
of
deaf
services
is
established,
and
shall
do
all
6
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of
the
following:
7
1.
Serve
as
the
central
permanent
agency
to
advocate
for
8
persons
who
are
deaf
or
hard
of
hearing.
9
2.
Coordinate
and
cooperate
with
the
efforts
of
state
10
departments
and
agencies
to
serve
the
needs
of
persons
who
are
11
deaf
or
hard
of
hearing
in
participating
fully
in
the
economic,
12
social,
and
cultural
life
of
the
state,
and
provide
direct
13
assistance
to
individuals
who
request
it.
14
3.
Develop,
coordinate,
and
assist
other
public
or
private
15
organizations
which
serve
persons
who
are
deaf
or
hard
of
16
hearing.
17
4.
Serve
as
an
information
clearinghouse
on
programs
and
18
agencies
operating
to
assist
persons
who
are
deaf
or
hard
of
19
hearing.
20
Sec.
141.
Section
216A.113,
Code
2009,
is
amended
by
21
striking
the
section
and
inserting
in
lieu
thereof
the
22
following:
23
216A.113
Deaf
services
commission
established.
24
1.
The
commission
on
the
deaf
is
established,
and
shall
25
consist
of
seven
voting
members
appointed
by
the
governor,
26
subject
to
confirmation
by
the
senate
pursuant
to
section
27
2.32.
Lists
of
nominees
for
appointment
to
membership
on
the
28
commission
may
be
submitted
by
the
Iowa
association
of
the
29
deaf,
the
Iowa
state
registry
of
interpreters
for
the
deaf,
30
the
Iowa
school
for
the
deaf,
and
the
commission
of
persons
31
with
disabilities.
Membership
of
the
commission
shall
include
32
at
least
four
members
who
are
deaf
and
who
cannot
hear
human
33
speech
with
or
without
use
of
amplification
and
at
least
one
34
member
who
is
hard
of
hearing.
All
members
shall
reside
in
35
Iowa.
1
2.
Terms
of
office
are
three
years
and
shall
begin
and
end
2
pursuant
to
section
69.19.
Members
whose
terms
expire
may
be
3
reappointed.
Vacancies
on
the
commission
may
be
filled
for
4
the
remainder
of
the
term
in
the
same
manner
as
the
original
5
appointment.
Members
shall
receive
actual
expenses
incurred
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while
serving
in
their
official
capacity,
subject
to
statutory
7
limits.
Members
may
also
be
eligible
to
receive
compensation
8
as
provided
in
section
7E.6.
9
3.
Members
of
the
commission
shall
appoint
a
chairperson
10
and
vice
chairperson
and
other
officers
as
the
commission
11
deems
necessary.
The
commission
shall
meet
at
least
quarterly
12
during
each
fiscal
year.
A
majority
of
the
members
currently
13
appointed
to
the
commission
shall
constitute
a
quorum.
A
14
quorum
shall
be
required
for
the
conduct
of
business
of
the
15
commission
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.
142.
Section
216A.114,
Code
2009,
is
amended
by
22
striking
the
section
and
inserting
in
lieu
thereof
the
23
following:
24
216A.114
Commission
powers
and
duties.
25
The
commission
shall
have
the
following
powers
and
duties:
26
1.
Study
the
changing
needs
and
aspirations
of
the
deaf
and
27
hard-of-hearing
people
in
this
state.
28
2.
Serve
as
a
liaison
between
the
office
and
the
public,
29
sharing
information
and
gathering
constituency
input.
30
3.
Recommend
to
the
board
for
adoption
rules
pursuant
31
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
32
office.
33
4.
Recommend
legislative
and
executive
action
to
the
34
governor
and
general
assembly.
35
5.
Establish
advisory
committees,
work
groups,
or
other
1
coalitions
as
appropriate.
2
Sec.
143.
NEW
SECTION
.
216A.131A
Division
of
criminal
and
3
juvenile
justice
planning.
4
The
division
of
criminal
and
juvenile
justice
planning
is
5
established
to
fulfill
the
responsibilities
of
this
subchapter,
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including
the
duties
specified
in
sections
216A.135,
216A.136,
7
216A.137,
216A.138,
and
216A.139.
8
Sec.
144.
Section
216A.132,
subsection
1,
unnumbered
9
paragraph
1,
Code
2009,
is
amended
to
read
as
follows:
10
A
criminal
and
juvenile
justice
planning
advisory
council
is
11
established
consisting
of
twenty-three
members
who
shall
all
12
reside
in
the
state
.
13
Sec.
145.
Section
216A.132,
subsection
1,
paragraph
b,
Code
14
2009,
is
amended
to
read
as
follows:
15
b.
The
departments
of
human
services,
corrections,
16
and
public
safety,
the
division
office
on
the
status
of
17
African-Americans
African
Americans
,
the
Iowa
department
of
18
public
health,
the
chairperson
of
the
board
of
parole,
the
19
attorney
general,
the
state
public
defender,
the
governor’s
20
office
of
drug
control
policy,
and
the
chief
justice
of
the
21
supreme
court
shall
each
designate
a
person
to
serve
on
the
22
council.
The
person
appointed
by
the
Iowa
department
of
public
23
health
shall
be
from
the
departmental
staff
who
administer
the
24
comprehensive
substance
abuse
program
under
chapter
125.
25
Sec.
146.
Section
216A.132,
Code
2009,
is
amended
by
adding
26
the
following
new
subsection:
27
NEW
SUBSECTION
.
3.
Members
of
the
council
shall
appoint
28
a
chairperson
and
vice
chairperson
and
other
officers
as
the
29
council
deems
necessary.
A
majority
of
the
voting
members
30
currently
appointed
to
the
council
shall
constitute
a
quorum.
31
A
quorum
shall
be
required
for
the
conduct
of
business
of
the
32
council
and
the
affirmative
vote
of
a
majority
of
the
currently
33
appointed
members
is
necessary
for
any
substantive
action
taken
34
by
the
council.
A
member
shall
not
vote
on
any
action
if
the
35
member
has
a
conflict
of
interest
on
the
matter
and
a
statement
1
by
the
member
of
a
conflict
of
interest
shall
be
conclusive
for
2
this
purpose.
3
Sec.
147.
Section
216A.133,
subsection
5,
Code
2009,
is
4
amended
to
read
as
follows:
5
5.
Administer
federal
funds
and
funds
appropriated
by
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the
state
or
that
are
otherwise
available
in
compliance
with
7
applicable
laws,
regulations,
and
other
requirements
for
8
purposes
of
study,
research,
investigation,
planning,
and
9
implementation
in
the
areas
of
criminal
and
juvenile
justice.
10
Sec.
148.
Section
216A.133,
Code
2009,
is
amended
by
adding
11
the
following
new
subsections:
12
NEW
SUBSECTION
.
8.
Provide
input
to
the
department
director
13
in
the
development
of
budget
recommendations
for
the
division.
14
NEW
SUBSECTION
.
9.
Serve
as
liaison
between
the
division
15
and
the
public,
sharing
information
and
gathering
constituency
16
input.
17
NEW
SUBSECTION
.
10.
Recommend
to
the
board
for
adoption
18
rules
pursuant
to
chapter
17A
as
it
deems
necessary
for
the
19
council
and
division.
20
NEW
SUBSECTION
.
11.
Recommend
legislative
and
executive
21
action
to
the
governor
and
general
assembly.
22
NEW
SUBSECTION
.
12.
Establish
advisory
committees,
work
23
groups,
or
other
coalitions
as
appropriate.
24
Sec.
149.
Section
216A.138,
subsection
8,
Code
2009,
is
25
amended
by
striking
the
subsection.
26
Sec.
150.
Section
216A.141,
subsection
1,
Code
2009,
is
27
amended
by
striking
the
subsection.
28
Sec.
151.
Section
216A.141,
subsection
3,
Code
2009,
is
29
amended
to
read
as
follows:
30
3.
“Division”
“Office”
means
the
division
office
on
the
31
status
of
African-Americans
African
Americans
of
the
department
32
of
human
rights.
33
Sec.
152.
Section
216A.142,
Code
2009,
is
amended
by
1
striking
the
section
and
inserting
in
lieu
thereof
the
2
following:
3
216A.142
Commission
on
the
status
of
African
Americans
4
established.
5
1.
The
commission
on
the
status
of
African
Americans
is
6
established
and
shall
consist
of
seven
members
appointed
7
by
the
governor,
subject
to
confirmation
by
the
senate.
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Commission
members
shall
be
appointed
with
consideration
given
9
to
geographic
residence.
All
members
shall
reside
in
Iowa.
10
At
least
five
members
shall
be
individuals
who
are
African
11
American.
12
2.
Terms
of
office
are
staggered
four-year
terms.
Members
13
whose
terms
expire
may
be
reappointed.
Vacancies
on
the
14
commission
shall
be
filled
for
the
remainder
of
the
term
of
and
15
in
the
same
manner
as
the
original
appointment.
The
commission
16
shall
meet
quarterly
and
may
hold
special
meetings
on
the
call
17
of
the
chairperson.
The
members
of
the
commission
shall
be
18
reimbursed
for
actual
expenses
while
engaged
in
their
official
19
duties.
Members
may
also
be
eligible
to
receive
compensation
20
as
provided
in
section
7E.6.
21
3.
Members
of
the
commission
shall
appoint
a
chairperson
22
and
vice
chairperson
and
other
officers
as
the
commission
23
deems
necessary.
A
majority
of
members
of
the
commission
24
shall
constitute
a
quorum.
A
quorum
shall
be
required
for
the
25
conduct
of
business
of
the
commission
and
the
affirmative
vote
26
of
a
majority
of
the
currently
appointed
members
is
necessary
27
for
any
substantive
action
taken
by
the
commission.
A
member
28
shall
not
vote
on
any
action
if
the
member
has
a
conflict
of
29
interest
on
the
matter
and
a
statement
by
the
member
of
a
30
conflict
of
interest
shall
be
conclusive
for
this
purpose.
31
Sec.
153.
Section
216A.143,
Code
2009,
is
amended
by
32
striking
the
section
and
inserting
in
lieu
thereof
the
33
following:
34
216A.143
Commission
powers
and
duties.
35
The
commission
shall
have
the
following
powers
and
duties:
1
1.
Study
the
opportunities
for
and
changing
needs
of
the
2
African
American
community
in
this
state.
3
2.
Serve
as
liaison
between
the
office
and
the
public,
4
sharing
information
and
gathering
constituency
input.
5
3.
Recommend
to
the
board
for
adoption
rules
pursuant
6
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
7
office.
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_____
4.
Recommend
executive
and
legislative
action
to
the
9
governor
and
general
assembly.
10
5.
Establish
advisory
committees,
work
groups,
or
other
11
coalitions
as
appropriate.
12
Sec.
154.
Section
216A.146,
Code
2009,
is
amended
by
13
striking
the
section
and
inserting
in
lieu
thereof
the
14
following:
15
216A.146
Office
on
the
status
of
African
Americans.
16
The
office
on
the
status
of
African
Americans
is
established
17
and
shall
do
all
of
the
following:
18
1.
Serve
as
the
central
permanent
agency
to
advocate
for
19
African
Americans.
20
2.
Coordinate
and
cooperate
with
the
efforts
of
state
21
departments
and
agencies
to
serve
the
needs
of
African
22
Americans
in
participating
fully
in
the
economic,
social,
and
23
cultural
life
of
the
state,
and
provide
direct
assistance
to
24
individuals
who
request
it.
25
3.
Develop,
coordinate,
and
assist
other
public
or
private
26
organizations
which
serve
African
Americans.
27
4.
Serve
as
an
information
clearinghouse
on
programs
and
28
agencies
operating
to
assist
African
Americans.
29
Sec.
155.
Section
216A.151,
subsection
1,
Code
2009,
is
30
amended
by
striking
the
subsection.
31
Sec.
156.
Section
216A.151,
subsection
4,
Code
2009,
is
32
amended
to
read
as
follows:
33
4.
“Division”
“Office”
means
the
division
office
on
the
34
status
of
Iowans
of
Asian
and
Pacific
Islander
heritage
of
the
35
department
of
human
rights.
1
Sec.
157.
Section
216A.152,
Code
2009,
is
amended
by
2
striking
the
section
and
inserting
in
lieu
thereof
the
3
following:
4
216A.152
Commission
on
Asian
and
Pacific
Islander
affairs
5
established.
6
1.
The
commission
on
Asian
and
Pacific
Islander
affairs
is
7
established
and
shall
consist
of
seven
members
appointed
by
the
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governor,
subject
to
confirmation
by
the
senate.
Members
shall
9
be
appointed
representing
every
geographical
area
of
the
state
10
and
ethnic
groups
of
Asian
and
Pacific
Islander
heritage.
All
11
members
shall
reside
in
Iowa.
12
2.
Terms
of
office
are
four
years
and
shall
begin
and
end
13
pursuant
to
section
69.19.
Members
whose
terms
expire
may
be
14
reappointed.
Vacancies
on
the
commission
may
be
filled
for
the
15
remainder
of
the
term
of
and
in
the
same
manner
as
the
original
16
appointment.
Members
shall
receive
actual
expenses
incurred
17
while
serving
in
their
official
capacity,
subject
to
statutory
18
limits.
Members
may
also
be
eligible
to
receive
compensation
19
as
provided
in
section
7E.6.
20
3.
Members
of
the
commission
shall
appoint
a
chairperson
21
and
vice
chairperson
and
other
officers
as
the
commission
deems
22
necessary.
The
commission
shall
meet
at
least
quarterly
during
23
each
fiscal
year.
A
majority
of
the
members
of
the
commission
24
shall
constitute
a
quorum.
A
quorum
shall
be
required
for
the
25
conduct
of
business
of
the
commission
and
the
affirmative
vote
26
of
a
majority
of
the
currently
appointed
members
is
necessary
27
for
any
substantive
action
taken
by
the
commission.
A
member
28
shall
not
vote
on
any
action
if
the
member
has
a
conflict
of
29
interest
on
the
matter
and
a
statement
by
the
member
of
a
30
conflict
of
interest
shall
be
conclusive
for
this
purpose.
31
Sec.
158.
Section
216A.153,
Code
2009,
is
amended
by
32
striking
the
section
and
inserting
in
lieu
thereof
the
33
following:
34
216A.153
Commission
powers
and
duties.
35
The
commission
shall
have
the
following
powers
and
duties:
1
1.
Study
the
opportunities
for
and
changing
needs
of
the
2
Asian
and
Pacific
Islander
persons
in
this
state.
3
2.
Serve
as
liaison
between
the
office
and
the
public,
4
sharing
information
and
gathering
constituency
input.
5
3.
Recommend
to
the
board
for
adoption
rules
pursuant
6
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
7
office.
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4.
Recommend
legislative
and
executive
action
to
the
9
governor
and
general
assembly.
10
5.
Establish
advisory
committees,
work
groups,
or
other
11
coalitions
as
appropriate.
12
Sec.
159.
Section
216A.154,
Code
2009,
is
amended
by
13
striking
the
section
and
inserting
in
lieu
thereof
the
14
following:
15
216A.154
Office
on
the
status
of
Iowans
of
Asian
and
Pacific
16
Islander
heritage.
17
The
office
on
the
status
of
Iowans
of
Asian
and
Pacific
18
Islander
Heritage
is
established
and
shall
do
all
of
the
19
following:
20
1.
Serve
as
the
central
permanent
agency
to
advocate
for
21
Iowans
of
Asian
and
Pacific
Islander
heritage.
22
2.
Coordinate
and
cooperate
with
the
efforts
of
state
23
departments
and
agencies
to
serve
the
needs
of
Iowans
of
Asian
24
and
Pacific
Islander
heritage
in
participating
fully
in
the
25
economic,
social,
and
cultural
life
of
the
state,
and
provide
26
direct
assistance
to
individuals
who
request
it.
27
3.
Develop,
coordinate,
and
assist
other
public
or
private
28
organizations
which
serve
Iowans
of
Asian
and
Pacific
Islander
29
heritage.
30
4.
Serve
as
an
information
clearinghouse
on
programs
31
and
agencies
operating
to
assist
Iowans
of
Asian
and
Pacific
32
Islander
heritage.
33
Sec.
160.
Section
216A.161,
subsection
1,
Code
2009,
is
34
amended
by
striking
the
subsection.
35
Sec.
161.
Section
216A.161,
subsection
3,
Code
2009,
is
1
amended
to
read
as
follows:
2
3.
“Division”
“Office”
means
the
division
office
on
Native
3
American
affairs
of
the
department
of
human
rights.
4
Sec.
162.
Section
216A.162,
subsection
1,
Code
2009,
is
5
amended
to
read
as
follows:
6
1.
A
commission
on
Native
American
affairs
is
established
7
consisting
of
eleven
voting
members
appointed
by
the
governor,
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subject
to
confirmation
by
the
senate.
The
members
of
the
9
commission
shall
appoint
one
of
the
members
to
serve
as
10
chairperson
of
the
commission.
11
Sec.
163.
Section
216A.162,
Code
2009,
is
amended
by
adding
12
the
following
new
subsection:
13
NEW
SUBSECTION
.
4.
Members
of
the
commission
shall
appoint
14
one
of
their
members
to
serve
as
chairperson
and
may
appoint
15
such
other
officers
as
the
commission
deems
necessary.
The
16
commission
shall
meet
at
least
four
times
per
year
and
shall
17
hold
special
meetings
on
the
call
of
the
chairperson.
The
18
members
of
the
commission
shall
be
reimbursed
for
actual
19
expenses
while
engaged
in
their
official
duties.
A
member
20
may
also
be
eligible
to
receive
compensation
as
provided
in
21
section
7E.6.
A
majority
of
the
members
of
the
commission
22
shall
constitute
a
quorum.
A
quorum
shall
be
required
for
the
23
conduct
of
business
of
the
commission
and
the
affirmative
vote
24
of
a
majority
of
the
currently
appointed
members
is
necessary
25
for
any
substantive
action
taken
by
the
commission.
A
member
26
shall
not
vote
on
any
action
if
the
member
has
a
conflict
of
27
interest
on
the
matter
and
a
statement
by
the
member
of
a
28
conflict
of
interest
shall
be
conclusive
for
this
purpose.
29
Sec.
164.
Section
216A.165,
subsections
1
through
9,
Code
30
2009,
are
amended
by
striking
the
subsections
and
inserting
in
31
lieu
thereof
the
following:
32
1.
Study
the
opportunities
for
and
changing
needs
of
Native
33
American
persons
in
this
state.
34
2.
Serve
as
a
liaison
between
the
department
and
the
public,
35
sharing
information
and
gathering
constituency
input.
1
3.
Recommend
to
the
board
for
adoption
rules
pursuant
2
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
3
office.
4
4.
Recommend
legislative
and
executive
action
to
the
5
governor
and
general
assembly.
6
5.
Establish
advisory
committees,
work
groups,
or
other
7
coalitions
as
appropriate.
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Sec.
165.
Section
216A.166,
Code
2009,
is
amended
by
9
striking
the
section
and
inserting
in
lieu
thereof
the
10
following:
11
216A.166
Office
of
Native
American
affairs.
12
The
office
of
Native
American
affairs
is
established
and
13
shall
do
all
of
the
following:
14
1.
Serve
as
the
central
permanent
agency
to
advocate
for
15
Native
Americans.
16
2.
Coordinate
and
cooperate
with
the
efforts
of
state
17
departments
and
agencies
to
serve
the
needs
of
Native
Americans
18
in
participating
fully
in
the
economic,
social,
and
cultural
19
life
of
the
state,
and
provide
direct
assistance
to
individuals
20
who
request
it.
21
3.
Develop,
coordinate,
and
assist
other
public
or
private
22
organizations
which
serve
Native
Americans.
23
4.
Serve
as
an
information
clearinghouse
on
programs
and
24
agencies
operating
to
assist
Native
Americans.
25
Sec.
166.
Section
216A.167,
subsections
1
and
2,
Code
2009,
26
are
amended
by
striking
the
subsections.
27
Sec.
167.
Section
216A.167,
subsection
3,
unnumbered
28
paragraph
1,
Code
2009,
is
amended
to
read
as
follows:
29
The
commission
and
office
shall
not
have
the
authority
to
do
30
any
of
the
following:
31
Sec.
168.
REPEAL.
Sections
216A.13,
216A.16,
216A.17,
32
216A.55,
216A.56,
216A.57,
216A.58,
216A.59,
216A.60,
216A.73,
33
216A.76,
216A.77,
216A.78,
216A.79,
216A.101,
216A.103,
34
216A.115,
216A.116,
216A.117,
216A.134,
216A.144,
216A.145,
35
216A.147,
216A.148,
216A.149,
216A.155,
216A.156,
216A.157,
1
216A.158,
216A.159,
216A.160,
216A.164,
216A.168,
216A.169,
and
2
216A.170,
Code
2009,
are
repealed.
3
Sec.
169.
DEPARTMENT
OF
HUMAN
RIGHTS
REORGANIZATION
——
4
TRANSITION
PROVISIONS.
5
1.
Except
for
the
department
director,
no
other
employee
6
of
the
department
of
human
rights
shall
be
appointed
by
the
7
governor.
Those
persons
now
occupying
positions
that
were
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previously
appointed
by
the
governor
shall
be
subject
to
the
9
merit
system
and
state
human
resource
management
system
as
10
provided
by
sections
8A.412
and
8A.413.
11
2.
Through
December
31,
2010,
the
department
director
shall
12
be
granted
reasonable
flexibility
within
the
department’s
13
appropriation
and
allotted
full-time
equivalent
positions
to
14
reassign,
retrain,
or
reclassify
personnel
as
deemed
necessary
15
in
order
to
most
effectively
and
efficiently
carry
out
the
16
department’s
mission.
Any
personnel
in
the
state
merit
system
17
of
employment
who
are
transferred
from
one
work
unit
to
another
18
due
to
the
effect
of
this
division
of
this
Act
shall
be
so
19
transferred
without
any
loss
in
salary,
benefits,
or
accrued
20
years
of
service.
21
3.
In
regard
to
updating
references
and
format
in
the
Iowa
22
administrative
code
in
order
to
correspond
to
the
transferring
23
of
the
authority
to
adopt
rules
from
the
previous
divisions
24
of
the
department
of
human
rights
to
the
department
of
human
25
rights
as
established
by
this
division
of
this
Act,
the
26
administrative
rules
coordinator
and
the
administrative
rules
27
review
committee,
in
consultation
with
the
administrative
code
28
editor,
shall
jointly
develop
a
schedule
for
the
necessary
29
updating
of
the
Iowa
administrative
code.
30
4.
Current
contracts
that
bind
any
division
of
the
31
department
of
human
rights
shall
be
honored
by
the
department,
32
or
expediently
and
judiciously
amended
if
changes
in
the
name
33
of
the
contractor
must
be
made
before
the
expiration
of
the
34
contract.
35
5.
All
client
and
organizational
files
in
the
possession
1
of
any
office
subsumed
within
the
division
of
community
2
advocacy
and
services
as
enacted
by
this
division
of
this
Act
3
will
become
the
property
of
the
office
that
will
serve
that
4
population.
5
6.
Any
replacement
of
signs,
logos,
stationery,
insignia,
6
uniforms,
and
related
items
that
is
made
due
to
the
effect
of
7
this
division
of
this
Act
shall
if
possible
be
done
as
part
of
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the
normal
replacement
cycle
for
such
items.
9
7.
a.
The
terms
of
office
of
voting
members
of
the
10
following
commissions
shall
terminate
effective
July
1,
2010.
11
(1)
Commission
of
Latino
affairs.
12
(2)
Commission
on
the
status
of
women.
13
(3)
Commission
of
persons
with
disabilities.
14
(4)
Commission
on
the
status
of
African
Americans.
15
(5)
Commission
on
Asian
and
Pacific
Islander
affairs.
16
b.
Members
whose
terms
are
terminated
may
reapply
for
17
reappointment
to
that
commission.
18
c.
Appointments
to
the
commissions
described
in
this
19
subsection
shall
be
staggered.
20
DIVISION
XIII
21
GAMBLING
SETOFFS
22
Sec.
170.
Section
99D.28,
subsection
1,
Code
2009,
is
23
amended
to
read
as
follows:
24
1.
A
licensee
or
a
person
acting
on
behalf
of
a
licensee
25
shall
be
provided
electronic
access
to
the
names
of
the
26
persons
indebted
to
a
claimant
agency
pursuant
to
the
process
27
established
pursuant
to
section
99D.7,
subsection
23.
The
28
electronic
access
provided
by
the
claimant
agency
shall
include
29
access
to
the
names
of
the
debtors,
their
social
security
30
numbers,
and
any
other
information
that
assists
the
licensee
31
in
identifying
the
debtors.
If
the
name
of
a
debtor
provided
32
to
the
licensee
through
electronic
access
is
retrieved
by
33
the
licensee
and
the
winnings
are
equal
to
or
greater
than
34
ten
one
thousand
two
hundred
dollars
per
occurrence,
the
35
retrieval
of
such
a
name
shall
constitute
a
valid
lien
upon
and
1
claim
of
lien
against
the
winnings
of
the
debtor
whose
name
2
is
electronically
retrieved
from
the
claimant
agency.
If
a
3
debtor’s
winnings
are
equal
to
or
greater
than
ten
one
thousand
4
two
hundred
dollars
per
occurrence,
the
full
amount
of
the
debt
5
shall
be
collectible
from
any
winnings
due
the
debtor
without
6
regard
to
limitations
on
the
amounts
that
may
be
collectible
in
7
increments
through
setoff
or
other
proceedings.
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Sec.
171.
Section
99F.19,
subsection
1,
Code
2009,
is
9
amended
to
read
as
follows:
10
1.
A
licensee
or
a
person
acting
on
behalf
of
a
licensee
11
shall
be
provided
electronic
access
to
the
names
of
the
12
persons
indebted
to
a
claimant
agency
pursuant
to
the
process
13
established
pursuant
to
section
99F.4,
subsection
26.
The
14
electronic
access
provided
by
the
claimant
agency
shall
include
15
access
to
the
names
of
the
debtors,
their
social
security
16
numbers,
and
any
other
information
that
assists
the
licensee
17
in
identifying
the
debtors.
If
the
name
of
a
debtor
provided
18
to
the
licensee
through
electronic
access
is
retrieved
by
19
the
licensee
and
the
winnings
are
equal
to
or
greater
than
20
ten
one
thousand
two
hundred
dollars
per
occurrence,
the
21
retrieval
of
such
a
name
shall
constitute
a
valid
lien
upon
and
22
claim
of
lien
against
the
winnings
of
the
debtor
whose
name
23
is
electronically
retrieved
from
the
claimant
agency.
If
a
24
debtor’s
winnings
are
equal
to
or
greater
than
ten
one
thousand
25
two
hundred
dollars
per
occurrence,
the
full
amount
of
the
debt
26
shall
be
collectible
from
any
winnings
due
the
debtor
without
27
regard
to
limitations
on
the
amounts
that
may
be
collectible
in
28
increments
through
setoff
or
other
proceedings.
29
DIVISION
XIV
30
DEPARTMENT
OF
MANAGEMENT
——
FINANCIAL
ADMINISTRATION
31
REORGANIZATION
32
Sec.
172.
NEW
SECTION
.
8.71
Definitions.
33
As
used
in
this
section
and
sections
8.72
through
8.89,
34
unless
the
context
otherwise
requires:
35
1.
“Agency”
or
“state
agency”
means
a
unit
of
state
1
government,
which
is
an
authority,
board,
commission,
2
committee,
council,
department,
or
independent
agency
as
3
defined
in
section
7E.4,
including
but
not
limited
to
each
4
principal
central
department
enumerated
in
section
7E.5.
5
However,
“agency”
or
“state
agency”
does
not
mean
any
of
the
6
following:
7
a.
The
office
of
the
governor
or
the
office
of
an
elective
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constitutional
or
statutory
officer.
9
b.
The
general
assembly,
or
any
office
or
unit
under
its
10
administrative
authority.
11
c.
The
judicial
branch,
as
provided
in
section
602.1102.
12
d.
A
political
subdivision
of
the
state
or
its
offices
13
or
units,
including
but
not
limited
to
a
county,
city,
or
14
community
college.
15
2.
“Department”
means
the
department
of
management.
16
3.
“Director”
means
the
director
of
the
department
of
17
management
or
the
director’s
designee.
18
Sec.
173.
NEW
SECTION
.
8.72
Financial
administration
19
duties.
20
The
department
shall
provide
for
the
efficient
management
21
and
administration
of
the
financial
resources
of
state
22
government
and
shall
have
and
assume
the
following
powers
and
23
duties:
24
1.
Centralized
accounting
and
payroll
system.
To
assume
the
25
responsibilities
related
to
a
centralized
accounting
system
for
26
state
government
and
to
establish
a
centralized
payroll
system
27
for
all
state
agencies.
28
2.
Setoff
procedures.
To
establish
and
maintain
a
setoff
29
procedure
as
provided
in
section
8.74.
30
3.
Cost
allocation
system.
To
establish
a
cost
allocation
31
system
as
provided
in
section
8.75.
32
4.
Collection
and
payment
of
funds
——
monthly
payments.
To
33
control
the
payment
of
all
moneys
into
the
state
treasury,
34
and
all
payments
from
the
state
treasury
by
the
preparation
35
of
appropriate
warrants,
or
warrant
checks,
directing
such
1
collections
and
payment,
and
to
advise
the
treasurer
of
state
2
monthly
in
writing
of
the
amount
of
public
funds
not
currently
3
needed
for
operating
expenses.
Whenever
the
state
treasury
4
includes
state
funds
that
require
distribution
to
counties,
5
cities,
or
other
political
subdivisions
of
this
state,
and
the
6
counties,
cities,
and
other
political
subdivisions
certify
to
7
the
director
that
warrants
will
be
stamped
for
lack
of
funds
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within
the
thirty-day
period
following
certification,
the
9
director
may
partially
distribute
the
funds
on
a
monthly
basis.
10
Whenever
the
law
requires
that
any
funds
be
paid
by
a
specific
11
date,
the
director
shall
prepare
a
final
accounting
and
shall
12
make
a
final
distribution
of
any
remaining
funds
prior
to
that
13
date.
14
5.
Preaudit
system.
To
establish
and
fix
a
reasonable
15
imprest
cash
fund
for
each
state
department
and
institution
16
for
disbursement
purposes
where
needed.
These
revolving
17
funds
shall
be
reimbursed
only
upon
vouchers
approved
by
the
18
director.
It
is
the
purpose
of
this
subsection
to
establish
a
19
preaudit
system
of
settling
all
claims
against
the
state,
but
20
the
preaudit
system
is
not
applicable
to
any
of
the
following:
21
a.
Institutions
under
the
control
of
the
state
board
of
22
regents.
23
b.
The
state
fair
board
as
established
in
chapter
173.
24
c.
The
Iowa
dairy
industry
commission
as
established
in
25
chapter
179,
the
Iowa
beef
cattle
producers
association
as
26
established
in
chapter
181,
the
Iowa
pork
producers
council
27
as
established
in
chapter
183A,
the
Iowa
egg
council
as
28
established
in
chapter
184,
the
Iowa
turkey
marketing
council
29
as
established
in
chapter
184A,
the
Iowa
soybean
association
30
as
provided
in
chapter
185,
and
the
Iowa
corn
promotion
board
31
as
established
in
chapter
185C.
32
6.
Audit
of
claims.
To
set
rules
and
procedures
for
the
33
preaudit
of
claims
by
individual
agencies
or
organizations.
34
The
director
reserves
the
right
to
refuse
to
accept
incomplete
35
or
incorrect
claims
and
to
review,
preaudit,
or
audit
claims
1
as
determined
by
the
director.
2
7.
Contracts.
To
certify,
record,
and
encumber
all
formal
3
contracts
to
prevent
overcommitment
of
appropriations
and
4
allotments.
5
8.
Accounts.
To
keep
the
central
budget
and
proprietary
6
control
accounts
of
the
general
fund
of
the
state
and
special
7
funds,
as
defined
in
section
8.2,
of
the
state
government.
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Upon
elimination
of
the
state
deficit
under
generally
accepted
9
accounting
principles,
including
the
payment
of
items
budgeted
10
in
a
subsequent
fiscal
year
which
under
generally
accepted
11
accounting
principles
should
be
budgeted
in
the
current
fiscal
12
year,
the
recognition
of
revenues
received
and
expenditures
13
paid
and
transfers
received
and
paid
within
the
time
period
14
required
pursuant
to
section
8.33
shall
be
in
accordance
with
15
generally
accepted
accounting
principles.
Budget
accounts
16
are
those
accounts
maintained
to
control
the
receipt
and
17
disposition
of
all
funds,
appropriations,
and
allotments.
18
Proprietary
accounts
are
those
accounts
relating
to
assets,
19
liabilities,
income,
and
expense.
For
each
fiscal
year,
the
20
financial
position
and
results
of
operations
of
the
state
shall
21
be
reported
in
a
comprehensive
annual
financial
report
prepared
22
in
accordance
with
generally
accepted
accounting
principles,
as
23
established
by
the
governmental
accounting
standards
board.
24
9.
Fair
board
and
state
board
of
regents.
To
control
25
the
financial
operations
of
the
state
fair
board
and
the
26
institutions
under
the
state
board
of
regents:
27
a.
By
charging
all
warrants
issued
to
the
respective
28
educational
institutions
and
the
state
fair
board
to
an
advance
29
account
to
be
further
accounted
for
and
not
as
an
expense
which
30
requires
no
further
accounting.
31
b.
By
charging
all
collections
made
by
the
educational
32
institutions
and
state
fair
board
to
the
respective
advance
33
accounts
of
the
institutions
and
state
fair
board,
and
by
34
crediting
all
such
repayment
collections
to
the
respective
35
appropriations
and
special
funds.
1
c.
By
charging
all
disbursements
made
to
the
respective
2
allotment
accounts
of
each
educational
institution
or
state
3
fair
board
and
by
crediting
all
such
disbursements
to
the
4
respective
advance
and
inventory
accounts.
5
d.
By
requiring
a
monthly
abstract
of
all
receipts
and
6
of
all
disbursements,
both
money
and
stores,
and
a
complete
7
account
current
each
month
from
each
educational
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and
the
state
fair
board.
9
10.
Entities
representing
agricultural
producers.
To
control
10
the
financial
operations
of
the
Iowa
dairy
industry
commission
11
as
provided
in
chapter
179,
the
Iowa
beef
cattle
producers
12
association
as
provided
in
chapter
181,
the
Iowa
pork
producers
13
council
as
provided
in
chapter
183A,
the
Iowa
egg
council
as
14
provided
in
chapter
184,
the
Iowa
turkey
marketing
council
15
as
provided
in
chapter
184A,
the
Iowa
soybean
association
as
16
provided
in
chapter
185,
and
the
Iowa
corn
promotion
board
as
17
provided
in
chapter
185C.
18
11.
Custody
of
records.
To
have
the
custody
of
all
books,
19
papers,
records,
documents,
vouchers,
conveyances,
leases,
20
mortgages,
bonds,
and
other
securities
appertaining
to
the
21
fiscal
affairs
and
property
of
the
state,
which
are
not
22
required
to
be
kept
in
some
other
office.
23
12.
Interest
of
the
permanent
school
fund.
To
transfer
the
24
interest
of
the
permanent
school
fund
to
the
credit
of
the
25
interest
for
Iowa
schools
fund.
26
13.
Forms.
To
prescribe
all
accounting
and
business
27
forms
and
the
system
of
accounts
and
reports
of
financial
28
transactions
by
all
departments
and
agencies
of
the
state
29
government
other
than
those
of
the
legislative
branch.
30
14.
Federal
cash
management
and
improvement
act
31
administrator.
32
a.
To
serve
as
administrator
for
state
actions
relating
to
33
the
federal
Cash
Management
and
Improvement
Act
of
1990,
Pub.
34
L.
No.
101=453,
as
codified
in
31
U.S.C.
§
6503.
The
director
35
shall
perform
the
following
duties
relating
to
the
federal
law:
1
(1)
Act
as
the
designated
representative
of
the
state
in
the
2
negotiation
and
administration
of
contracts
between
the
state
3
and
federal
government
relating
to
the
federal
law.
4
(2)
Modify
the
centralized
statewide
accounting
system
5
and
develop,
or
require
to
be
developed
by
the
appropriate
6
departments
of
state
government,
the
reports
and
procedures
7
necessary
to
complete
the
managerial
and
financial
reports
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required
to
comply
with
the
federal
law.
9
b.
There
is
annually
appropriated
from
the
general
fund
10
of
the
state
to
the
department
an
amount
sufficient
to
pay
11
interest
costs
that
may
be
due
the
federal
government
as
a
12
result
of
implementation
of
the
federal
law.
This
paragraph
13
does
not
authorize
the
payment
of
interest
from
the
general
14
fund
of
the
state
for
any
department
of
administrative
15
services’
revolving,
trust,
or
special
fund
of
the
department
16
of
administrative
services
where
monthly
interest
earnings
17
accrue
to
the
credit
of
the
department
of
administrative
18
services’
revolving,
trust,
or
special
fund.
For
any
19
department
of
administrative
services’
revolving,
trust,
or
20
special
fund
where
monthly
interest
is
accrued
to
the
credit
of
21
the
fund,
the
director
may
authorize
a
supplemental
expenditure
22
to
pay
interest
costs
from
the
individual
fund
which
are
due
23
the
federal
government
as
a
result
of
implementation
of
the
24
federal
law.
25
Sec.
174.
NEW
SECTION
.
8.73
Rules
——
deposit
of
26
departmental
moneys.
27
The
director
shall
prescribe
by
rule
the
manner
and
methods
28
by
which
all
departments
and
agencies
of
the
state
that
29
collect
money
for
and
on
behalf
of
the
state
shall
cause
the
30
money
to
be
deposited
with
the
treasurer
of
state
or
in
a
31
depository
designated
by
the
treasurer
of
state.
All
such
32
moneys
collected
shall
be
deposited
at
such
times
and
in
such
33
depositories
to
permit
the
state
of
Iowa
to
deposit
the
funds
34
in
a
manner
consistent
with
the
state’s
investment
policies.
35
All
such
moneys
shall
be
promptly
deposited,
as
directed,
even
1
though
the
individual
amount
remitted
may
not
be
correct.
If
2
any
individual
amount
remitted
is
in
excess
of
the
amount
3
required,
the
department
or
agency
receiving
the
same
shall
4
refund
the
excess
amount.
If
the
individual
amount
remitted
is
5
insufficient,
the
person,
firm,
or
corporation
concerned
shall
6
be
immediately
billed
for
the
amount
of
the
deficiency.
7
Sec.
175.
NEW
SECTION
.
8.74
Setoff
procedures.
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1.
Definitions.
As
used
in
this
section,
unless
the
context
9
otherwise
requires:
10
a.
“Collection
entity”
means
the
department
of
management
11
and
any
other
state
agency
that
maintains
a
separate
accounting
12
system
and
elects
to
establish
a
debt
collection
setoff
13
procedure
for
collection
of
debts
owed
to
the
state
or
its
14
agencies.
15
b.
“Person”
does
not
include
a
state
agency.
16
c.
“Qualifying
debt”
includes
but
is
not
limited
to
the
17
following:
18
(1)
Any
debt,
which
is
assigned
to
the
department
of
human
19
services,
or
which
the
child
support
recovery
unit
is
otherwise
20
attempting
to
collect,
or
which
the
foster
care
recovery
unit
21
of
the
department
of
human
services
is
attempting
to
collect
22
on
behalf
of
a
child
receiving
foster
care
provided
by
the
23
department
of
human
services.
24
(2)
An
amount
that
is
due
because
of
a
default
on
a
25
guaranteed
student
or
parental
loan
under
chapter
261.
26
(3)
Any
debt
which
is
in
the
form
of
a
liquidated
sum
due,
27
owing,
and
payable
to
the
clerk
of
the
district
court.
28
d.
“State
agency”
means
a
board,
commission,
department,
29
including
the
department
of
administrative
services,
or
other
30
administrative
office
or
unit
of
the
state
of
Iowa
or
any
31
other
state
entity
reported
in
the
Iowa
comprehensive
annual
32
financial
report,
or
a
political
subdivision
of
the
state,
or
33
an
office
or
unit
of
a
political
subdivision.
“State
agency”
34
does
include
the
clerk
of
the
district
court
as
it
relates
to
35
the
collection
of
a
qualifying
debt.
“State
agency”
does
not
1
include
the
general
assembly
or
the
governor.
2
2.
Setoff
procedure.
The
collection
entity
shall
establish
3
and
maintain
a
procedure
to
set
off
against
any
claim
owed
to
4
a
person
by
a
state
agency
any
liability
of
that
person
owed
5
to
a
state
agency,
a
support
debt
being
enforced
by
the
child
6
support
recovery
unit
pursuant
to
chapter
252B,
or
such
other
7
qualifying
debt.
The
procedure
shall
only
apply
when
at
the
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discretion
of
the
director
it
is
feasible.
The
procedure
shall
9
meet
the
following
conditions:
10
a.
Before
setoff,
a
person’s
liability
to
a
state
agency
and
11
the
person’s
claim
on
a
state
agency
shall
be
in
the
form
of
a
12
liquidated
sum
due,
owing,
and
payable.
13
b.
Before
setoff,
the
state
agency
shall
obtain
and
forward
14
to
the
collection
entity
the
full
name
and
social
security
15
number
of
the
person
liable
to
it
or
to
whom
a
claim
is
owing
16
who
is
a
natural
person.
If
the
person
is
not
a
natural
person,
17
before
setoff,
the
state
agency
shall
forward
to
the
collection
18
entity
the
information
concerning
the
person
as
the
collection
19
entity
shall,
by
rule,
require.
The
collection
entity
20
shall
cooperate
with
other
state
agencies
in
the
exchange
of
21
information
relevant
to
the
identification
of
persons
liable
22
to
or
of
claimants
of
state
agencies.
However,
the
collection
23
entity
shall
provide
only
relevant
information
required
by
a
24
state
agency.
The
information
shall
be
held
in
confidence
25
and
used
for
the
purpose
of
setoff
only.
Section
422.72,
26
subsection
1,
does
not
apply
to
this
paragraph.
27
c.
Before
setoff,
a
state
agency
shall,
at
least
annually,
28
submit
to
the
collection
entity
the
information
required
29
by
paragraph
“b”
along
with
the
amount
of
each
person’s
30
liability
to
and
the
amount
of
each
claim
on
the
state
agency.
31
The
collection
entity
may,
by
rule,
require
more
frequent
32
submissions.
33
d.
Before
setoff,
the
amount
of
a
person’s
claim
on
a
state
34
agency
and
the
amount
of
a
person’s
liability
to
a
state
agency
35
shall
constitute
a
minimum
amount
set
by
rule
of
the
collection
1
entity.
2
e.
Upon
submission
of
an
allegation
of
liability
by
a
state
3
agency,
the
collection
entity
shall
notify
the
state
agency
4
whether
the
person
allegedly
liable
is
entitled
to
payment
from
5
a
state
agency,
and,
if
so
entitled,
shall
notify
the
state
6
agency
of
the
amount
of
the
person’s
entitlement
and
of
the
7
person’s
last
address
known
to
the
collection
entity.
Section
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422.72,
subsection
1,
does
not
apply
to
this
paragraph.
9
f.
(1)
Upon
notice
of
entitlement
to
a
payment,
the
state
10
agency
shall
send
written
notification
to
that
person
of
the
11
state
agency’s
assertion
of
its
rights
to
all
or
a
portion
of
12
the
payment
and
of
the
state
agency’s
entitlement
to
recover
13
the
liability
through
the
setoff
procedure,
the
basis
of
14
the
assertion,
the
opportunity
to
request
that
a
jointly
or
15
commonly
owned
right
to
payment
be
divided
among
owners,
and
16
the
person’s
opportunity
to
give
written
notice
of
intent
17
to
contest
the
amount
of
the
allegation.
The
state
agency
18
shall
send
a
copy
of
the
notice
to
the
collection
entity.
A
19
state
agency
subject
to
chapter
17A
shall
give
notice,
conduct
20
hearings,
and
allow
appeals
in
conformity
with
chapter
17A.
21
(2)
However,
upon
submission
of
an
allegation
of
the
22
liability
of
a
person
which
is
owing
and
payable
to
the
23
clerk
of
the
district
court
and
upon
the
determination
by
24
the
collection
entity
that
the
person
allegedly
liable
is
25
entitled
to
payment
from
a
state
agency,
the
collection
entity
26
shall
send
written
notification
to
the
person
which
states
the
27
assertion
by
the
clerk
of
the
district
court
of
rights
to
all
28
or
a
portion
of
the
payment,
the
clerk’s
entitlement
to
recover
29
the
liability
through
the
setoff
procedure,
the
basis
of
the
30
assertions,
the
person’s
opportunity
to
request
within
fifteen
31
days
of
the
mailing
of
the
notice
that
the
collection
entity
32
divide
a
jointly
or
commonly
owned
right
to
payment
between
33
owners,
the
opportunity
to
contest
the
liability
to
the
clerk
34
by
written
application
to
the
clerk
within
fifteen
days
of
the
35
mailing
of
the
notice,
and
the
person’s
opportunity
to
contest
1
the
collection
entity’s
setoff
procedure.
2
g.
Upon
the
timely
request
of
a
person
liable
to
a
state
3
agency
or
of
the
spouse
of
that
person
and
upon
receipt
of
the
4
full
name
and
social
security
number
of
the
person’s
spouse,
5
a
state
agency
shall
notify
the
collection
entity
of
the
6
request
to
divide
a
jointly
or
commonly
owned
right
to
payment.
7
Any
jointly
or
commonly
owned
right
to
payment
is
rebuttably
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presumed
to
be
owned
in
equal
portions
by
its
joint
or
common
9
owners.
10
h.
The
collection
entity
shall,
after
the
state
agency
has
11
sent
notice
to
the
person
liable
or,
if
the
liability
is
owing
12
and
payable
to
the
clerk
of
the
district
court,
the
collection
13
entity
has
sent
notice
to
the
person
liable,
set
off
the
amount
14
owed
to
the
agency
against
any
amount
which
a
state
agency
owes
15
that
person.
The
collection
entity
shall
refund
any
balance
16
of
the
amount
to
the
person.
The
collection
entity
shall
17
periodically
transfer
amounts
set
off
to
the
state
agencies
18
entitled
to
them.
If
a
person
liable
to
a
state
agency
gives
19
written
notice
of
intent
to
contest
an
allegation,
a
state
20
agency
shall
hold
a
refund
or
rebate
until
final
disposition
21
of
the
allegation.
Upon
completion
of
the
setoff,
a
state
22
agency
shall
notify
in
writing
the
person
who
was
liable
or,
23
if
the
liability
is
owing
and
payable
to
the
clerk
of
the
24
district
court,
shall
comply
with
the
procedures
as
provided
25
in
paragraph
“j”
.
26
i.
The
department
of
revenue’s
existing
right
to
credit
27
against
tax
due
or
to
become
due
under
section
422.73
is
not
to
28
be
impaired
by
a
right
granted
to
or
a
duty
imposed
upon
the
29
collection
entity
or
other
state
agency
by
this
section.
This
30
section
is
not
intended
to
impose
upon
the
collection
entity
or
31
the
department
of
revenue
any
additional
requirement
of
notice,
32
hearing,
or
appeal
concerning
the
right
to
credit
against
tax
33
due
under
section
422.73.
34
j.
If
the
alleged
liability
is
owing
and
payable
to
the
35
clerk
of
the
district
court
and
setoff
as
provided
in
this
1
section
is
sought,
all
of
the
following
shall
apply:
2
(1)
The
judicial
branch
shall
prescribe
procedures
to
3
permit
a
person
to
contest
the
amount
of
the
person’s
liability
4
to
the
clerk
of
the
district
court.
5
(2)
The
collection
entity
shall,
except
for
the
procedures
6
described
in
subparagraph
(1),
prescribe
any
other
applicable
7
procedures
concerning
setoff
as
provided
in
this
subsection.
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(3)
Upon
completion
of
the
setoff,
the
collection
entity
9
shall
file,
at
least
monthly,
with
the
clerk
of
the
district
10
court
a
notice
of
satisfaction
of
each
obligation
to
the
11
full
extent
of
all
moneys
collected
in
satisfaction
of
the
12
obligation.
The
clerk
shall
record
the
notice
and
enter
a
13
satisfaction
for
the
amounts
collected
and
a
separate
written
14
notice
is
not
required.
15
3.
Priority
claims.
In
the
case
of
multiple
claims
to
16
payments
filed
under
this
section,
priority
shall
be
given
to
17
claims
filed
by
the
child
support
recovery
unit
or
the
foster
18
care
recovery
unit,
next
priority
shall
be
given
to
claims
19
filed
by
the
college
student
aid
commission,
next
priority
20
shall
be
given
to
claims
filed
by
the
investigations
division
21
of
the
department
of
inspections
and
appeals,
next
priority
22
shall
be
given
to
claims
filed
by
a
clerk
of
the
district
23
court,
and
last
priority
shall
be
given
to
claims
filed
by
24
other
state
agencies.
In
the
case
of
multiple
claims
in
which
25
the
priority
is
not
otherwise
provided
by
this
subsection,
26
priority
shall
be
determined
in
accordance
with
rules
to
be
27
established
by
the
director.
28
4.
State
reciprocal
agreements.
The
director
shall
have
29
the
authority
to
enter
into
reciprocal
agreements
with
the
30
departments
of
revenue
of
other
states
that
have
enacted
31
legislation
that
is
substantially
equivalent
to
the
setoff
32
procedure
provided
in
this
section
for
the
recovery
of
an
33
amount
due
because
of
a
default
on
a
guaranteed
student
or
34
parental
loan
under
chapter
261.
A
reciprocal
agreement
shall
35
also
be
approved
by
the
college
student
aid
commission.
The
1
agreement
shall
authorize
the
department
to
provide
by
rule
for
2
the
setoff
of
state
income
tax
refunds
or
rebates
of
defaulters
3
from
states
with
which
Iowa
has
a
reciprocal
agreement
and
to
4
provide
for
sending
lists
of
names
of
Iowa
defaulters
to
the
5
states
with
which
Iowa
has
a
reciprocal
agreement
for
setoff
of
6
that
state’s
income
tax
refunds.
7
5.
Agency
reimbursements.
Under
substantive
rules
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established
by
the
director,
the
department
shall
seek
9
reimbursement
from
other
state
agencies
to
recover
its
costs
10
for
setting
off
liabilities.
11
Sec.
176.
NEW
SECTION
.
8.75
Cost
allocation
system
——
12
appropriation.
13
The
department
shall
develop
and
administer
an
indirect
14
cost
allocation
system
for
state
agencies.
The
system
shall
15
be
based
upon
standard
cost
accounting
methodologies
and
shall
16
be
used
to
allocate
both
direct
and
indirect
costs
of
state
17
agencies
or
state
agency
functions
in
providing
centralized
18
services
to
other
state
agencies.
A
cost
that
is
allocated
to
19
a
state
agency
pursuant
to
this
system
shall
be
billed
to
the
20
state
agency
and
the
cost
is
payable
to
the
general
fund
of
the
21
state.
The
source
of
payment
for
the
billed
cost
shall
be
any
22
revenue
source
except
for
the
general
fund
of
the
state.
If
a
23
state
agency
is
authorized
by
law
to
bill
and
recover
direct
24
expenses,
the
state
agency
shall
recover
indirect
costs
in
the
25
same
manner.
26
Sec.
177.
NEW
SECTION
.
8.76
Accounting.
27
The
director
may
at
any
time
require
any
person
receiving
28
money,
securities,
or
property
belonging
to
the
state,
or
29
having
the
management,
disbursement,
or
other
disposition
of
30
them,
an
account
of
which
is
kept
in
the
department,
to
render
31
statements
of
them
and
information
in
reference
to
them.
32
Sec.
178.
NEW
SECTION
.
8.77
Stating
account.
33
If
an
officer
who
is
accountable
to
the
state
treasury
for
34
any
money
or
property
neglects
to
render
an
account
to
the
35
director
within
the
time
prescribed
by
law,
or
if
no
time
is
so
1
prescribed,
within
twenty
days
after
being
required
to
do
so
by
2
the
director,
the
director
shall
state
an
account
against
the
3
officer
from
the
books
of
the
officer’s
office,
charging
ten
4
percent
damages
on
the
whole
sum
appearing
due,
and
interest
5
at
the
rate
of
six
percent
per
annum
on
the
aggregate
from
the
6
time
when
the
account
should
have
been
rendered;
all
of
which
7
may
be
recovered
by
action
brought
on
the
account,
or
on
the
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official
bond
of
the
officer.
9
Sec.
179.
NEW
SECTION
.
8.78
Compelling
payment.
10
If
an
officer
fails
to
pay
into
the
state
treasury
the
amount
11
received
by
the
officer
within
the
time
prescribed
by
law,
or
12
having
settled
with
the
director,
fails
to
pay
the
amount
found
13
due,
the
director
shall
charge
the
officer
with
twenty
percent
14
damages
on
the
amount
due,
with
interest
on
the
aggregate
from
15
the
time
the
amount
became
due
at
the
rate
of
six
percent
per
16
annum,
and
the
whole
may
be
recovered
by
an
action
brought
on
17
the
account,
or
on
the
official
bond
of
the
officer,
and
the
18
officer
shall
forfeit
the
officer’s
commission.
19
Sec.
180.
NEW
SECTION
.
8.79
Defense
to
claim.
20
The
penal
provisions
in
sections
8.77
and
8.78
are
subject
21
to
any
legal
defense
which
the
officer
may
have
against
the
22
account
as
stated
by
the
director,
but
judgment
for
costs
shall
23
be
rendered
against
the
officer
in
the
action,
whatever
its
24
result,
unless
the
officer
rendered
an
account
within
the
time
25
named
in
those
sections.
26
Sec.
181.
NEW
SECTION
.
8.80
Requested
credits
——
oath
27
required.
28
When
a
county
treasurer
or
other
receiver
of
public
moneys
29
seeks
to
obtain
credit
on
the
books
of
the
department
for
30
payment
made
to
the
county
treasurer,
before
giving
such
credit
31
the
director
shall
require
that
person
to
take
and
subscribe
an
32
oath
that
the
person
has
not
used,
loaned,
or
appropriated
any
33
of
the
public
moneys
for
the
person’s
private
benefit
or
for
34
the
benefit
of
any
other
person.
35
Sec.
182.
NEW
SECTION
.
8.81
Requisition
for
information.
1
In
those
cases
where
the
director
is
authorized
to
call
2
upon
persons
or
officers
for
information,
or
statements,
3
or
accounts,
the
director
may
issue
a
requisition
therefor
4
in
writing
to
the
person
or
officer
called
upon,
allowing
5
reasonable
time,
which,
having
been
served
and
return
made
to
6
the
director,
as
a
notice
in
a
civil
action,
is
evidence
of
the
7
making
of
the
requisition.
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Sec.
183.
NEW
SECTION
.
8.82
Limits
on
claims.
9
The
director
is
limited
in
authorizing
the
payment
of
10
claims,
as
follows:
11
1.
Funding
limit.
12
a.
A
claim
shall
not
be
allowed
by
the
department
if
the
13
appropriation
or
fund
of
certification
available
for
paying
the
14
claim
has
been
exhausted
or
proves
insufficient.
15
b.
The
authority
of
the
director
is
subject
to
the
following
16
exceptions:
17
(1)
Claims
by
state
employees
for
benefits
pursuant
to
18
chapters
85,
85A,
85B,
and
86
are
subject
to
limitations
19
provided
in
those
chapters.
20
(2)
Claims
for
medical
assistance
payments
authorized
under
21
chapter
249A
are
subject
to
the
time
limits
imposed
by
rule
22
adopted
by
the
department
of
human
services.
23
(3)
Claims
approved
by
an
agency
according
to
the
provisions
24
of
section
25.2.
25
2.
Convention
expenses.
Claims
for
expenses
in
attending
26
conventions,
meetings,
conferences,
or
gatherings
of
members
27
of
an
association
or
society
organized
and
existing
as
a
28
quasi-public
association
or
society
outside
the
state
of
Iowa
29
shall
not
be
allowed
at
public
expense,
unless
authorized
by
30
the
executive
council;
and
claims
for
these
expenses
outside
31
of
the
state
shall
not
be
allowed
unless
the
voucher
is
32
accompanied
by
the
portion
of
the
minutes
of
the
executive
33
council,
certified
to
by
its
secretary,
showing
that
the
34
expense
was
authorized
by
the
council.
This
section
does
not
35
apply
to
claims
in
favor
of
the
governor,
attorney
general,
1
utilities
board
members,
or
to
trips
referred
to
in
sections
2
97B.7A
and
217.20.
3
3.
Payment
from
fees.
Claims
for
per
diem
and
expenses
4
payable
from
fees
shall
not
be
approved
for
payment
in
excess
5
of
those
fees
if
the
law
provides
that
such
expenditures
are
6
limited
to
the
special
funds
collected
and
deposited
in
the
7
state
treasury.
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Sec.
184.
NEW
SECTION
.
8.83
Claims
——
approval.
9
The
director
before
approving
a
claim
on
behalf
of
the
10
department
shall
determine:
11
1.
That
the
creation
of
the
claim
is
clearly
authorized
by
12
law.
Statutes
authorizing
the
expenditure
may
be
referenced
13
through
account
coding
authorized
by
the
director.
14
2.
That
the
claim
has
been
authorized
by
an
officer
or
15
official
body
having
legal
authority
to
so
authorize
and
that
16
the
fact
of
authorization
has
been
certified
to
the
director
by
17
such
officer
or
official
body.
18
3.
That
all
legal
requirements
have
been
observed,
19
including
notice
and
opportunity
for
competition,
if
required
20
by
law.
21
4.
That
the
claim
is
in
proper
form
as
the
director
may
22
provide.
23
5.
That
the
charges
are
reasonable,
proper,
and
correct
and
24
no
part
of
the
claim
has
been
paid.
25
Sec.
185.
NEW
SECTION
.
8.84
Vouchers
——
interest
——
payment
26
of
claims.
27
1.
Before
a
warrant
or
its
equivalent
is
issued
for
28
a
claim
payable
from
the
state
treasury,
the
department
29
shall
file
an
itemized
voucher
showing
in
detail
the
items
30
of
service,
expense,
item
furnished,
or
contract
for
which
31
payment
is
sought.
However,
the
director
may
authorize
the
32
prepayment
of
claims
when
the
best
interests
of
the
state
are
33
served
under
rules
adopted
by
the
director.
The
claimant’s
34
original
invoice
shall
be
attached
to
a
department’s
approved
35
voucher.
The
director
shall
adopt
rules
specifying
the
1
form
and
contents
for
invoices
submitted
by
a
vendor
to
a
2
department.
The
requirements
apply
to
acceptance
of
an
invoice
3
by
a
department.
A
department
shall
not
impose
additional
or
4
different
requirements
on
submission
of
invoices
than
those
5
contained
in
rules
of
the
director
unless
the
director
exempts
6
the
department
from
the
invoice
requirements
or
a
part
of
the
7
requirements
upon
a
finding
that
compliance
would
result
in
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poor
accounting
or
management
practices.
9
2.
Vouchers
for
postage,
stamped
envelopes,
and
postal
10
cards
may
be
audited
as
soon
as
an
order
for
them
is
entered.
11
3.
The
departments,
the
general
assembly,
and
the
courts
12
shall
pay
their
claims
in
a
timely
manner.
If
a
claim
13
for
services,
supplies,
materials,
or
a
contract
which
is
14
payable
from
the
state
treasury
remains
unpaid
after
sixty
15
days
following
the
receipt
of
the
claim
or
the
satisfactory
16
delivery,
furnishing,
or
performance
of
the
services,
supplies,
17
materials,
or
contract,
whichever
date
is
later,
the
state
18
shall
pay
interest
at
the
rate
of
one
percent
per
month
on
19
the
unpaid
amount
of
the
claim.
This
subsection
does
not
20
apply
to
claims
against
the
state
under
chapters
25
and
669
21
or
to
claims
paid
by
federal
funds.
The
interest
shall
be
22
charged
to
the
appropriation
or
fund
to
which
the
claim
is
23
certified.
Departments
may
enter
into
contracts
for
goods
or
24
services
on
payment
terms
of
less
than
sixty
days
if
the
state
25
may
obtain
a
financial
benefit
or
incentive
which
would
not
26
otherwise
be
available
from
the
vendor.
The
department,
in
27
consultation
with
other
affected
departments,
shall
develop
28
policies
to
promote
consistency
and
fiscal
responsibility
29
relating
to
payment
terms
authorized
under
this
subsection.
30
The
director
shall
adopt
rules
under
chapter
17A
relating
to
31
the
administration
of
this
subsection.
32
Sec.
186.
NEW
SECTION
.
8.85
Warrants
——
form.
33
A
warrant
shall
bear
on
its
face
the
signature
of
the
34
director
or
its
facsimile,
or
the
signature
of
an
assistant
35
or
its
facsimile
in
case
of
a
vacancy
in
the
office
of
the
1
director;
a
proper
number,
date,
amount,
and
name
of
payee;
2
a
reference
to
the
law
under
which
it
is
drawn;
whether
for
3
salaries
or
wages,
services,
or
supplies,
and
what
kind
of
4
supplies;
and
from
what
office
or
department,
or
for
what
5
other
general
or
special
purposes;
or
in
lieu
thereof,
a
6
coding
system
may
be
used,
which
particulars
shall
be
entered
7
in
a
warrant
register
kept
for
that
purpose
in
the
order
of
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issuance;
and
as
soon
as
practicable
after
issuing
a
warrant
9
register,
the
director
shall
certify
a
duplicate
of
it
to
the
10
treasurer
of
state.
11
Sec.
187.
NEW
SECTION
.
8.86
Required
payee.
12
All
warrants
shall
be
drawn
to
the
order
of
the
person
13
entitled
to
payment
or
compensation,
except
that
when
goods
14
or
materials
are
purchased
in
foreign
countries,
warrants
may
15
be
drawn
upon
the
treasurer
of
state,
payable
to
the
bearer
16
for
the
net
amount
of
invoice
and
current
exchange,
and
the
17
treasurer
of
state
shall
furnish
a
foreign
draft
payable
to
the
18
order
of
the
person
from
whom
purchase
is
made.
19
Sec.
188.
NEW
SECTION
.
8.87
Prohibited
payee.
20
In
no
case
shall
warrants
be
drawn
in
the
name
of
the
21
certifying
office,
department,
board,
or
institution,
or
in
22
the
name
of
an
employee,
except
for
personal
service
rendered
23
or
expense
incurred
by
the
employee,
unless
express
statutory
24
authority
exists
therefor.
25
Sec.
189.
NEW
SECTION
.
8.88
Claims
exceeding
26
appropriations.
27
A
claim
shall
not
be
allowed
when
the
claim
will
exceed
the
28
amount
specifically
appropriated
for
the
claim.
29
Sec.
190.
NEW
SECTION
.
8.89
Cancellation
of
state
warrants.
30
On
the
last
business
day
of
each
month,
the
director
shall
31
cancel
and
request
the
treasurer
of
state
to
stop
payment
on
32
all
state
warrants
which
have
been
outstanding
and
unredeemed
33
by
the
treasurer
of
state
for
six
months
or
longer.
34
Sec.
191.
Section
8.9,
subsection
1,
Code
Supplement
2009,
1
is
amended
to
read
as
follows:
2
1.
The
office
of
grants
enterprise
management
is
3
established
in
the
department
of
management.
The
function
of
4
the
office
is
to
develop
and
administer
a
system
to
track,
5
identify,
advocate
for,
and
coordinate
nonstate
grants
as
6
defined
in
section
8.2,
subsections
1
and
3.
Staffing
for
7
the
office
of
grants
enterprise
management
shall
be
provided
8
by
a
facilitator
appointed
by
the
director
of
the
department
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of
management.
Additional
staff
may
be
hired,
subject
to
the
10
availability
of
funding.
Funding
for
the
office
is
from
the
11
appropriation
to
the
department
pursuant
to
section
8A.505,
12
subsection
2
.
13
Sec.
192.
Section
8.31,
subsection
4,
Code
2009,
is
amended
14
to
read
as
follows:
15
4.
The
procedure
to
be
employed
in
controlling
the
16
expenditures
and
receipts
of
the
state
fair
board
and
17
the
institutions
under
the
state
board
of
regents,
whose
18
collections
are
not
deposited
in
the
state
treasury,
is
that
19
outlined
in
section
8A.502
8.72
,
subsection
9.
20
Sec.
193.
Section
8A.102,
subsection
2,
Code
2009,
is
21
amended
to
read
as
follows:
22
2.
The
person
appointed
as
director
shall
be
professionally
23
qualified
by
education
and
have
no
less
than
five
years’
24
experience
in
the
field
of
management,
public
or
private
sector
25
personnel
administration
including
the
application
of
merit
26
principles
in
employment,
financial
management,
and
policy
27
development
and
implementation.
The
appointment
shall
be
made
28
without
regard
for
political
affiliation.
The
director
shall
29
not
be
a
member
of
any
local,
state,
or
national
committee
30
of
a
political
party,
an
officer
or
member
of
a
committee
in
31
any
partisan
political
club
or
organization,
or
hold
or
be
a
32
candidate
for
a
paid
elective
public
office.
The
director
is
33
subject
to
the
restrictions
on
political
activity
provided
34
in
section
8A.416.
The
governor
shall
set
the
salary
of
the
35
director
within
pay
grade
nine.
1
Sec.
194.
Section
8A.103,
unnumbered
paragraph
1,
Code
2
2009,
is
amended
to
read
as
follows:
3
The
department
is
created
for
the
purpose
of
managing
and
4
coordinating
the
major
resources
of
state
government
including
5
the
human,
financial,
physical,
and
information
resources
of
6
state
government.
7
Sec.
195.
Section
8A.104,
subsection
12,
Code
2009,
is
8
amended
to
read
as
follows:
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12.
Serve
as
the
chief
information
officer
for
the
10
state.
However,
the
director
may
designate
a
person
in
the
11
department
to
serve
in
this
capacity
at
the
discretion
of
12
the
director.
If
the
director
designates
a
person
to
serve
13
as
chief
information
officer,
the
person
designated
shall
be
14
professionally
qualified
by
education
and
have
no
less
than
15
five
years’
experience
in
the
fields
field
of
information
16
technology
and
financial
management
.
17
Sec.
196.
Section
8A.111,
subsection
11,
Code
2009,
is
18
amended
by
striking
the
subsection.
19
Sec.
197.
Section
8A.204,
subsection
3,
paragraph
b,
Code
20
2009,
is
amended
to
read
as
follows:
21
b.
Work
with
the
department
of
management
and
the
state
22
accounting
enterprise
of
the
department,
pursuant
to
section
23
8A.502
,
to
maintain
the
relevancy
of
the
central
budget
and
24
proprietary
control
accounts
of
the
general
fund
of
the
state
25
and
special
funds
to
information
technology,
as
those
terms
are
26
defined
in
section
8.2,
of
state
government.
27
Sec.
198.
Section
8A.323,
subsection
5,
Code
2009,
is
28
amended
to
read
as
follows:
29
5.
Any
fine
that
remains
unpaid
upon
becoming
delinquent
30
may
be
collected
by
the
department
pursuant
to
the
setoff
31
procedures
provided
for
in
section
8A.504
8.74
.
For
purposes
32
of
this
subsection,
a
fine
becomes
delinquent
if
it
has
not
33
been
paid
within
thirty
days
of
the
date
of
the
issuance
of
the
34
parking
citation,
unless
a
written
request
for
a
hearing
is
35
filed
as
provided
pursuant
to
the
rules
of
the
department.
If
1
an
appeal
is
filed
and
the
citation
is
upheld,
the
fine
becomes
2
delinquent
ten
days
after
the
issuance
of
the
final
decision
on
3
the
appeal
or
thirty-one
days
after
the
date
of
the
issuance
of
4
the
parking
citation,
whichever
is
later.
5
Sec.
199.
Section
11.2,
subsection
1,
paragraph
b,
Code
6
2009,
is
amended
to
read
as
follows:
7
b.
Provided
further,
that
a
preliminary
audit
of
the
8
educational
institutions
and
the
state
fair
board
shall
be
made
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periodically,
at
least
quarterly,
to
check
the
monthly
reports
10
submitted
to
the
director
of
the
department
of
administrative
11
services
as
required
by
section
8A.502
8.72
,
subsection
9,
and
12
that
a
final
audit
of
such
state
agencies
shall
be
made
at
the
13
close
of
each
fiscal
year.
14
Sec.
200.
Section
25.2,
subsection
5,
Code
2009,
is
amended
15
to
read
as
follows:
16
5.
Outstanding
state
warrants
that
have
been
canceled
17
pursuant
to
section
8A.519
8.89
and
were
charged
to
the
general
18
fund
of
the
state
or
another
state
funding
source
shall
be
19
addressed
as
provided
in
section
556.2C.
20
Sec.
201.
Section
96.11,
subsection
16,
Code
2009,
is
21
amended
to
read
as
follows:
22
16.
Reimbursement
of
setoff
costs.
The
department
shall
23
include
in
the
amount
set
off
in
accordance
with
section
24
8A.504
8.74
,
for
the
collection
of
an
overpayment
created
25
pursuant
to
section
96.3,
subsection
7,
or
section
96.16,
26
subsection
4,
an
additional
amount
for
the
reimbursement
of
27
setoff
costs
incurred
by
the
department
of
administrative
28
services.
29
Sec.
202.
Section
97B.7A,
subsection
5,
Code
2009,
is
30
amended
to
read
as
follows:
31
5.
Travel.
In
the
administration
of
the
investment
of
32
moneys
in
the
retirement
fund,
employees
of
the
system
and
33
members
of
the
board
may
travel
outside
the
state
for
the
34
purpose
of
meeting
with
investment
firms
and
consultants
and
35
attending
conferences
and
meetings
to
fulfill
their
fiduciary
1
responsibilities.
This
travel
is
not
subject
to
section
2
8A.512
8.82
,
subsection
2.
3
Sec.
203.
Section
99D.2,
subsection
3,
Code
2009,
is
amended
4
to
read
as
follows:
5
3.
“Claimant
agency”
means
a
state
agency
as
defined
6
in
section
8A.504
8.74
,
subsection
1,
or
the
state
court
7
administrator
as
defined
in
section
602.1101.
8
Sec.
204.
Section
99D.28,
subsection
2,
Code
2009,
is
9
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252
S.F.
_____
amended
to
read
as
follows:
10
2.
The
licensee
is
authorized
and
directed
to
withhold
11
any
winnings
of
a
debtor
which
are
paid
out
directly
by
the
12
licensee
subject
to
the
lien
created
by
this
section
and
13
provide
notice
of
such
withholding
to
the
winner
when
the
14
winner
appears
and
claims
winnings
in
person.
The
licensee
15
shall
pay
the
funds
over
to
the
collection
entity
which
16
administers
the
setoff
program
pursuant
to
section
8A.504
8.74
.
17
Sec.
205.
Section
99F.1,
subsection
4,
Code
2009,
is
amended
18
to
read
as
follows:
19
4.
“Claimant
agency”
means
a
state
agency
as
defined
20
in
section
8A.504
8.74
,
subsection
1,
or
the
state
court
21
administrator
as
defined
in
section
602.1101.
22
Sec.
206.
Section
99F.19,
subsection
2,
Code
2009,
is
23
amended
to
read
as
follows:
24
2.
The
licensee
is
authorized
and
directed
to
withhold
25
any
winnings
of
a
debtor
which
are
paid
out
directly
by
the
26
licensee
subject
to
the
lien
created
by
this
section
and
27
provide
notice
of
such
withholding
to
the
winner
when
the
28
winner
appears
and
claims
winnings
in
person.
The
licensee
29
shall
pay
the
funds
over
to
the
collection
entity
which
30
administers
the
setoff
program
pursuant
to
section
8A.504
8.74
.
31
Sec.
207.
Section
99G.38,
subsection
3,
Code
2009,
is
32
amended
to
read
as
follows:
33
3.
The
state
of
Iowa
offset
program,
as
provided
in
section
34
8A.504
8.74
,
shall
be
available
to
the
authority
to
facilitate
35
receipt
of
funds
owed
to
the
authority.
1
Sec.
208.
Section
217.34,
Code
2009,
is
amended
to
read
as
2
follows:
3
217.34
Debt
setoff.
4
The
investigations
division
of
the
department
of
inspections
5
and
appeals
and
the
department
of
human
services
shall
provide
6
assistance
to
set
off
against
a
person’s
or
provider’s
income
7
tax
refund
or
rebate
any
debt
which
has
accrued
through
written
8
contract,
subrogation,
departmental
recoupment
procedures,
9
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S.F.
_____
or
court
judgment
and
which
is
in
the
form
of
a
liquidated
10
sum
due
and
owing
the
department
of
human
services.
The
11
department
of
inspections
and
appeals,
with
approval
of
the
12
department
of
human
services,
shall
adopt
rules
under
chapter
13
17A
necessary
to
assist
the
department
of
administrative
14
services
management
in
the
implementation
of
the
setoff
under
15
section
8A.504
8.74
in
regard
to
money
owed
to
the
state
16
for
public
assistance
overpayments.
The
department
of
human
17
services
shall
adopt
rules
under
chapter
17A
necessary
to
18
assist
the
department
of
administrative
services
management
in
19
the
implementation
of
the
setoff
under
section
8A.504
8.74
,
in
20
regard
to
collections
by
the
child
support
recovery
unit
and
21
the
foster
care
recovery
unit.
22
Sec.
209.
Section
218.58,
subsection
5,
Code
2009,
is
23
amended
to
read
as
follows:
24
5.
A
claim
for
payment
relating
to
a
project
shall
be
25
itemized
on
a
voucher
form
pursuant
to
section
8A.514
8.84
,
26
certified
by
the
claimant
and
the
architect
or
engineer
27
in
charge,
and
audited
and
approved
by
the
department
of
28
administrative
services
management
.
Upon
approval
by
the
29
department
of
administrative
services
management
,
the
director
30
of
the
department
of
administrative
services
management
shall
31
draw
a
warrant
to
be
paid
by
the
treasurer
of
state
from
funds
32
appropriated
for
the
project.
A
partial
payment
made
before
33
completion
of
the
project
does
not
constitute
final
acceptance
34
of
the
work
or
a
waiver
of
any
defect
in
the
work.
35
Sec.
210.
Section
218.85,
Code
2009,
is
amended
to
read
as
1
follows:
2
218.85
Uniform
system
of
accounts.
3
The
director
of
human
services
through
the
administrators
4
in
control
of
the
institutions
shall
install
in
all
the
5
institutions
the
most
modern,
complete,
and
uniform
system
of
6
accounts,
records,
and
reports
possible.
The
system
shall
be
7
prescribed
by
the
director
of
the
department
of
administrative
8
services
management
as
authorized
in
section
8A.502
8.72
,
9
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252
S.F.
_____
subsection
13,
and,
among
other
matters,
shall
clearly
show
10
the
detailed
facts
relative
to
the
handling
and
uses
of
all
11
purchases.
12
Sec.
211.
Section
234.8,
Code
2009,
is
amended
to
read
as
13
follows:
14
234.8
Fees
for
child
welfare
services.
15
The
department
of
human
services
may
charge
a
fee
for
16
child
welfare
services
to
a
person
liable
for
the
cost
of
the
17
services.
The
fee
shall
not
exceed
the
reasonable
cost
of
the
18
services.
The
fee
shall
be
based
upon
the
person’s
ability
19
to
pay
and
consideration
of
the
fee’s
impact
upon
the
liable
20
person’s
family
and
the
goals
identified
in
the
case
permanency
21
plan.
The
department
may
assess
the
liable
person
for
the
fee
22
and
the
means
of
recovery
shall
include
a
setoff
against
an
23
amount
owed
by
a
state
agency
to
the
person
assessed
pursuant
24
to
section
8A.504
8.74
.
In
addition
the
department
may
25
establish
an
administrative
process
to
recover
the
assessment
26
through
automatic
income
withholding.
The
department
shall
27
adopt
rules
pursuant
to
chapter
17A
to
implement
the
provisions
28
of
this
section.
This
section
does
not
apply
to
court-ordered
29
services
provided
to
juveniles
which
are
a
charge
upon
the
30
state
pursuant
to
section
232.141
and
services
for
which
the
31
department
has
established
a
support
obligation
pursuant
to
32
section
234.39.
33
Sec.
212.
Section
252B.5,
subsection
4,
Code
Supplement
34
2009,
is
amended
to
read
as
follows:
35
4.
Assistance
to
set
off
against
a
debtor’s
income
tax
1
refund
or
rebate
any
support
debt,
which
is
assigned
to
2
the
department
of
human
services
or
which
the
child
support
3
recovery
unit
is
attempting
to
collect
on
behalf
of
any
4
individual
not
eligible
as
a
public
assistance
recipient,
which
5
has
accrued
through
written
contract,
subrogation,
or
court
6
judgment,
and
which
is
in
the
form
of
a
liquidated
sum
due
7
and
owing
for
the
care,
support,
or
maintenance
of
a
child.
8
Unless
the
periodic
payment
plan
provisions
for
a
retroactive
9
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_____
modification
pursuant
to
section
598.21C
apply,
the
entire
10
amount
of
a
judgment
for
accrued
support,
notwithstanding
11
compliance
with
a
periodic
payment
plan
or
regardless
of
the
12
date
of
entry
of
the
judgment,
is
due
and
owing
as
of
the
date
13
of
entry
of
the
judgment
and
is
delinquent
for
the
purposes
of
14
setoff,
including
for
setoff
against
a
debtor’s
federal
income
15
tax
refund
or
other
federal
nontax
payment.
The
department
16
of
human
services
shall
adopt
rules
pursuant
to
chapter
17
17A
necessary
to
assist
the
department
of
administrative
18
services
management
in
the
implementation
of
the
child
support
19
setoff
as
established
under
section
8A.504
8.74
.
20
Sec.
213.
Section
261.37,
subsection
7,
Code
2009,
is
21
amended
to
read
as
follows:
22
7.
To
establish
an
effective
system
for
the
collection
of
23
delinquent
loans,
including
the
adoption
of
an
agreement
with
24
the
department
of
administrative
services
management
to
set
off
25
against
a
defaulter’s
income
tax
refund
or
rebate
the
amount
26
that
is
due
because
of
a
default
on
a
guaranteed
or
parental
27
loan
made
under
this
division.
The
commission
shall
adopt
28
rules
under
chapter
17A
necessary
to
assist
the
department
of
29
administrative
services
management
in
the
implementation
of
30
the
student
loan
setoff
program
as
established
under
section
31
8A.504
8.74
.
The
commission
shall
apply
administrative
wage
32
garnishment
procedures
authorized
under
the
federal
Higher
33
Education
Act
of
1965,
as
amended
and
codified
in
20
U.S.C.
34
§
1071
et
seq.,
for
all
delinquent
loans,
including
loans
35
authorized
under
section
261.38,
when
a
defaulter
who
is
1
financially
capable
of
paying
fails
to
voluntarily
enter
into
a
2
reasonable
payment
agreement.
In
no
case
shall
the
commission
3
garnish
more
than
the
amount
authorized
by
federal
law
for
4
all
loans
being
collected
by
the
commission,
including
those
5
authorized
under
section
261.38.
6
Sec.
214.
Section
321.11A,
subsection
1,
paragraph
c,
Code
7
2009,
is
amended
to
read
as
follows:
8
c.
The
department
of
administrative
services
management
for
9
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S.F.
_____
the
purpose
of
administering
the
setoff
program
pursuant
to
10
section
8A.504
8.74
.
11
Sec.
215.
Section
321.31,
subsection
1,
unnumbered
12
paragraph
3,
Code
2009,
is
amended
to
read
as
follows:
13
The
director
shall
maintain
a
records
system
of
delinquent
14
accounts
owed
to
the
state
using
information
provided
through
15
the
computerized
data
bank
established
in
section
421.17.
The
16
department
and
county
treasurers
shall
use
the
information
17
maintained
in
the
records
system
to
determine
if
applicants
18
for
renewal
of
registration
have
delinquent
accounts,
charges,
19
fees,
loans,
taxes,
or
other
indebtedness
owed
to
or
being
20
collected
by
the
state
as
provided
pursuant
to
section
21
8A.504
8.74
.
The
director,
the
director
of
the
department
of
22
administrative
services
management
,
and
the
director
of
revenue
23
shall
establish
procedures
for
updating
the
delinquent
accounts
24
records
to
add
and
remove
accounts,
as
applicable.
25
Sec.
216.
Section
321.40,
subsection
6,
Code
Supplement
26
2009,
is
amended
to
read
as
follows:
27
6.
The
department
or
the
county
treasurer
shall
refuse
to
28
renew
the
registration
of
a
vehicle
registered
to
the
applicant
29
if
the
department
or
the
county
treasurer
knows
that
the
30
applicant
has
a
delinquent
account,
charge,
fee,
loan,
taxes,
31
or
other
indebtedness
owed
to
or
being
collected
by
the
state,
32
from
information
provided
pursuant
to
sections
8A.504
8.74
and
33
421.17.
An
applicant
may
contest
this
action
by
requesting
a
34
contested
case
proceeding
from
the
agency
that
referred
the
35
debt
for
collection
pursuant
to
section
8A.504
8.74
.
1
Sec.
217.
Section
331.552,
subsection
5,
Code
2009,
is
2
amended
to
read
as
follows:
3
5.
Account
for,
report,
and
pay
into
the
state
treasury
any
4
money,
property,
or
securities
received
on
behalf
of
the
state
5
as
provided
in
sections
8A.506
to
8A.508
8.76
to
8.78
.
6
Sec.
218.
Section
422.12D,
subsection
4,
Code
2009,
is
7
amended
to
read
as
follows:
8
4.
The
department
shall
adopt
rules
to
implement
this
9
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S.F.
_____
section.
However,
before
a
checkoff
pursuant
to
this
section
10
shall
be
permitted,
all
liabilities
on
the
books
of
the
11
department
of
administrative
services
management
and
accounts
12
identified
as
owing
under
section
8A.504
8.74
and
the
political
13
contribution
allowed
under
section
68A.601
shall
be
satisfied.
14
Sec.
219.
Section
422.12K,
subsection
2,
Code
Supplement
15
2009,
is
amended
to
read
as
follows:
16
2.
The
director
of
revenue
shall
draft
the
income
tax
form
17
to
allow
the
designation
of
contributions
to
the
child
abuse
18
prevention
program
fund
on
the
tax
return.
The
department
of
19
revenue,
on
or
before
January
31,
shall
transfer
the
total
20
amount
designated
on
the
tax
return
forms
due
in
the
preceding
21
calendar
year
to
the
child
abuse
prevention
program
fund.
22
However,
before
a
checkoff
pursuant
to
this
section
shall
be
23
permitted,
all
liabilities
on
the
books
of
the
department
of
24
administrative
services
management
and
accounts
identified
as
25
owing
under
section
8A.504
8.74
and
the
political
contribution
26
allowed
under
section
68A.601
shall
be
satisfied.
27
Sec.
220.
Section
422.12L,
subsection
2,
Code
2009,
is
28
amended
to
read
as
follows:
29
2.
The
director
of
revenue
shall
draft
the
income
tax
form
30
to
allow
the
designation
of
contributions
to
the
veterans
trust
31
fund
and
to
the
volunteer
fire
fighter
preparedness
fund
as
32
one
checkoff
on
the
tax
return.
The
department
of
revenue,
33
on
or
before
January
31,
shall
transfer
one-half
of
the
total
34
amount
designated
on
the
tax
return
forms
due
in
the
preceding
35
calendar
year
to
the
veterans
trust
fund
and
the
remaining
1
one-half
to
the
volunteer
fire
fighter
preparedness
fund.
2
However,
before
a
checkoff
pursuant
to
this
section
shall
be
3
permitted,
all
liabilities
on
the
books
of
the
department
of
4
administrative
services
management
and
accounts
identified
as
5
owing
under
section
8A.504
8.74
and
the
political
contribution
6
allowed
under
section
68A.601
shall
be
satisfied.
7
Sec.
221.
Section
422.20,
subsection
3,
paragraph
a,
Code
8
2009,
is
amended
to
read
as
follows:
9
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252
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_____
a.
Unless
otherwise
expressly
permitted
by
section
10
8A.504
8.74
,
section
421.17,
subsections
22,
23,
and
26,
11
sections
252B.9,
321.120,
421.19,
421.28,
422.72,
and
452A.63,
12
and
this
section,
a
tax
return,
return
information,
or
13
investigative
or
audit
information
shall
not
be
divulged
to
any
14
person
or
entity,
other
than
the
taxpayer,
the
department,
or
15
internal
revenue
service
for
use
in
a
matter
unrelated
to
tax
16
administration.
17
Sec.
222.
Section
422.72,
subsection
3,
paragraph
a,
Code
18
2009,
is
amended
to
read
as
follows:
19
a.
Unless
otherwise
expressly
permitted
by
section
20
8A.504
8.74
,
section
421.17,
subsections
22,
23,
and
26,
21
sections
252B.9,
321.120,
421.19,
421.28,
422.20,
and
452A.63,
22
and
this
section,
a
tax
return,
return
information,
or
23
investigative
or
audit
information
shall
not
be
divulged
to
any
24
person
or
entity,
other
than
the
taxpayer,
the
department,
or
25
internal
revenue
service
for
use
in
a
matter
unrelated
to
tax
26
administration.
27
Sec.
223.
Section
456A.16,
unnumbered
paragraph
7,
Code
28
2009,
is
amended
to
read
as
follows:
29
The
department
shall
adopt
rules
to
implement
this
section.
30
However,
before
a
checkoff
pursuant
to
this
section
shall
be
31
permitted,
all
liabilities
on
the
books
of
the
department
of
32
administrative
services
management
and
accounts
identified
as
33
owing
under
section
8A.504
8.74
and
the
political
contribution
34
allowed
under
section
68A.601
shall
be
satisfied.
35
Sec.
224.
Section
556.2C,
subsection
1,
paragraph
a,
Code
1
2009,
is
amended
to
read
as
follows:
2
a.
An
unpaid,
outdated
warrant
that
is
canceled
pursuant
to
3
section
8A.519
8.89
shall
be
included
in
a
list
of
outstanding
4
state
warrants
maintained
by
the
director
of
the
department
of
5
administrative
services
management
.
On
or
before
July
1
of
6
each
year,
the
director
of
the
department
of
administrative
7
services
management
shall
provide
the
office
of
the
treasurer
8
of
state
with
a
consolidated
list
of
such
outstanding
warrants
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_____
that
have
not
been
previously
reported
to
the
office.
10
Sec.
225.
Section
602.8102,
subsection
58A,
Code
2009,
is
11
amended
to
read
as
follows:
12
58A.
Assist
the
department
of
administrative
services
13
management
in
setting
off
against
debtors’
income
tax
refunds
14
or
rebates
under
section
8A.504
8.74
,
debts
which
are
due,
15
owing,
and
payable
to
the
clerk
of
the
district
court
as
16
criminal
fines,
civil
penalties,
surcharges,
or
court
costs.
17
Sec.
226.
Section
602.8107,
subsection
4,
paragraph
a,
Code
18
Supplement
2009,
is
amended
to
read
as
follows:
19
a.
This
subsection
does
not
apply
to
amounts
collected
for
20
victim
restitution,
the
victim
compensation
fund,
the
criminal
21
penalty
surcharge,
sex
offender
civil
penalty,
drug
abuse
22
resistance
education
surcharge,
the
law
enforcement
initiative
23
surcharge,
county
enforcement
surcharge,
amounts
collected
as
24
a
result
of
procedures
initiated
under
subsection
5
or
under
25
section
8A.504
8.74
,
or
fees
charged
pursuant
to
section
356.7.
26
Sec.
227.
Section
642.2,
subsection
4,
Code
2009,
is
amended
27
to
read
as
follows:
28
4.
Notwithstanding
subsections
2,
3,
6,
and
7,
any
29
moneys
owed
to
the
child
support
obligor
by
the
state,
with
30
the
exception
of
unclaimed
property
held
by
the
treasurer
31
of
state
pursuant
to
chapter
556,
and
payments
owed
to
the
32
child
support
obligor
through
the
Iowa
public
employees’
33
retirement
system
are
subject
to
garnishment,
attachment,
34
execution,
or
assignment
by
the
child
support
recovery
unit
35
if
the
child
support
recovery
unit
is
providing
enforcement
1
services
pursuant
to
chapter
252B.
Any
moneys
that
are
2
determined
payable
by
the
treasurer
pursuant
to
section
556.20,
3
subsection
2,
to
the
child
support
obligor
shall
be
subject
to
4
setoff
pursuant
to
section
8A.504
8.74
,
notwithstanding
any
5
administrative
rule
pertaining
to
the
child
support
recovery
6
unit
limiting
the
amount
of
the
offset.
7
Sec.
228.
REPEAL.
Sections
8A.502,
8A.503,
8A.504,
8A.506,
8
8A.507,
8A.508,
8A.509,
8A.510,
8A.511,
8A.512,
8A.513,
8A.514,
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_____
8A.515,
8A.516,
8A.517,
8A.518,
and
8A.519,
Code
2009,
are
10
repealed.
11
Sec.
229.
REPEAL.
Section
8A.505,
Code
Supplement
2009,
is
12
repealed.
13
Sec.
230.
DEPARTMENT
OF
MANAGEMENT
——
CENTRALIZED
14
PAYROLL
SYSTEM.
The
department
of
management
shall
examine
15
the
possibility
of
merging
all
state
payroll
systems
into
16
the
centralized
payroll
system
operated
by
the
department.
17
The
department
shall
consult
with
those
entities
of
state
18
government
not
utilizing
the
centralized
payroll
system,
19
including
but
not
limited
to
the
state
department
of
20
transportation
and
the
state
board
of
regents,
about
strategies
21
for
encouraging
utilization
of
the
state’s
centralized
payroll
22
system
and
by
identifying
those
barriers
preventing
merging
of
23
the
payroll
systems.
The
department
shall
provide
information
24
to
the
joint
appropriations
subcommittee
on
administration
25
and
regulation
concerning
efforts
by
the
department
to
merge
26
payroll
systems
and
any
recommendations
for
legislative
action
27
to
encourage,
or
eliminate
barriers
to,
the
provision
of
28
payroll
services
by
the
department
to
other
state
agencies.
29
DIVISION
XV
30
ADMINISTRATION
AND
REGULATION
APPROPRIATIONS
31
Sec.
231.
DEPARTMENT
OF
REVENUE
——
AUDITORS.
There
32
is
appropriated
from
the
general
fund
of
the
state
to
the
33
department
of
revenue
for
the
fiscal
year
beginning
July
1,
34
2010,
and
ending
June
30,
2011,
the
following
amount,
or
so
35
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
1
designated:
2
For
salaries,
support,
maintenance,
miscellaneous
purposes,
3
and
for
not
more
than
the
following
full-time
equivalent
4
positions:
5
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
325,000
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
5.00
7
The
moneys
appropriated
in
this
section
shall
be
utilized
by
8
the
department
to
hire
five
additional
auditors.
9
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_____
Sec.
232.
DEPARTMENT
OF
MANAGEMENT
——
GRANTS
ENTERPRISE
10
MANAGEMENT.
There
is
appropriated
from
the
general
fund
of
11
the
state
to
the
department
of
management
for
the
fiscal
year
12
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
13
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
14
purposes
designated:
15
For
the
office
of
grants
enterprise
management,
including
16
salaries,
support,
maintenance,
miscellaneous
purposes,
and
for
17
not
more
than
the
following
full-time
equivalent
position:
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
50,000
19
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
1.00
20
The
moneys
appropriated
in
this
section
shall
be
used
by
21
the
department
of
management
to
create
and
fill
an
additional
22
position
in
the
office
of
grants
enterprise
management.
23
DIVISION
XVI
24
ELIMINATION
OF
STATE
ENTITIES
25
ENTITIES
ASSOCIATED
WITH
THE
DEPARTMENT
OF
AGRICULTURE
AND
26
LAND
STEWARDSHIP
27
Sec.
233.
Section
159.20,
subsection
1,
paragraph
j,
Code
28
Supplement
2009,
is
amended
to
read
as
follows:
29
j.
Assist
the
office
of
renewable
fuels
and
coproducts
30
and
the
renewable
fuels
and
coproducts
advisory
committee
in
31
administering
the
provisions
of
chapter
159A.
32
Sec.
234.
Section
159A.1,
subsection
3,
Code
2009,
is
33
amended
to
read
as
follows:
34
3.
This
state
adopts
a
policy
of
enhancing
agricultural
35
production
by
encouraging
the
development
and
use
of
fuels
and
1
coproducts
derived
from
agricultural
commodities,
as
provided
2
in
this
chapter,
including
rules
adopted
by
the
office
of
3
renewable
fuels
and
coproducts
and
the
renewable
fuels
and
4
coproducts
advisory
committee
.
5
Sec.
235.
Section
159A.2,
subsection
2,
Code
2009,
is
6
amended
by
striking
the
subsection.
7
Sec.
236.
Section
159A.3,
subsection
2,
paragraph
i,
Code
8
Supplement
2009,
is
amended
by
striking
the
paragraph.
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_____
Sec.
237.
Section
159A.6,
Code
Supplement
2009,
is
amended
10
to
read
as
follows:
11
159A.6
Education,
promotion,
and
advertising.
12
1.
The
office
shall
support
do
all
of
the
following:
13
a.
Support
education
regarding,
and
promotion
and
14
advertising
of,
renewable
fuels
and
coproducts.
The
office
15
shall
consult
with
the
Iowa
corn
growers
association
and
the
16
Iowa
soybean
association.
17
2.
b.
The
office
shall
promote
Promote
the
advantages
18
related
to
the
use
of
renewable
fuels
as
an
alternative
to
19
nonrenewable
fuels.
Promotions
shall
be
designed
to
inform
the
20
ultimate
consumer
of
advantages
associated
with
using
renewable
21
fuels,
and
emphasize
the
benefits
to
the
natural
environment.
22
The
promotion
shall
inform
consumers
at
the
businesses
of
23
retail
dealers
of
motor
vehicle
fuels.
24
3.
c.
The
committee
shall
develop
Develop
standards
for
25
decals
required
pursuant
to
section
214A.16,
which
shall
be
26
designed
to
promote
the
advantages
of
using
renewable
fuels.
27
The
standards
may
be
incorporated
within
a
model
decal
adopted
28
by
the
committee
and
approved
by
the
office.
29
4.
d.
The
office
shall
promote
Promote
the
advantages
30
related
to
the
use
of
coproducts
derived
from
the
production
31
of
renewable
fuels,
including
the
use
of
coproducts
used
as
32
livestock
feed
or
meal.
Promotions
shall
be
designed
to
33
inform
the
potential
purchasers
of
the
advantages
associated
34
with
using
coproducts.
The
office
shall
promote
advantages
35
associated
with
using
coproducts
of
ethanol
production
as
1
livestock
feed
or
meal
to
cattle
producers
in
this
state.
2
5.
2.
The
office
may
contract
to
provide
all
or
part
of
3
these
the
services
described
in
subsection
1
.
4
Sec.
238.
Section
159A.7,
subsection
2,
Code
Supplement
5
2009,
is
amended
to
read
as
follows:
6
2.
Moneys
in
the
fund
shall
be
used
only
to
carry
out
7
the
provisions
of
this
section
and
sections
159A.3,
159A.4
,
8
159A.5
,
159A.6,
159A.6A,
and
159A.6B
within
the
state
of
Iowa.
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_____
Sec.
239.
Section
190C.1,
subsection
2,
Code
2009,
is
10
amended
by
striking
the
subsection.
11
Sec.
240.
Section
190C.2B,
subsection
1,
Code
2009,
is
12
amended
to
read
as
follows:
13
1.
The
department
shall
implement
and
administer
the
14
provisions
of
this
chapter
for
agricultural
products
that
have
15
been
produced
and
handled
within
this
state
using
organic
16
methods
as
provided
in
this
chapter.
The
department
may
17
consult
with
the
council
in
implementing
and
administering
this
18
chapter
.
The
department
may
certify
agricultural
products
that
19
have
been
produced
and
handled
outside
this
state
using
an
20
organic
method
as
provided
in
this
chapter.
21
Sec.
241.
Section
190C.3,
subsection
2,
Code
2009,
is
22
amended
to
read
as
follows:
23
2.
The
department
may
request
assistance
from
the
council
24
as
provided
in
section
190C.2A
or
from
one
or
more
regional
25
organic
associations
as
provided
in
section
190C.6.
26
Sec.
242.
Section
214A.1,
subsection
7,
Code
2009,
is
27
amended
by
striking
the
subsection.
28
Sec.
243.
Section
214A.1,
Code
2009,
is
amended
by
adding
29
the
following
new
subsection:
30
NEW
SUBSECTION
.
17A.
“Office”
means
the
office
of
renewable
31
fuels
and
coproducts
created
pursuant
to
section
159A.3.
32
Sec.
244.
Section
214A.2,
subsection
1,
Code
Supplement
33
2009,
is
amended
to
read
as
follows:
34
1.
The
department
shall
adopt
rules
pursuant
to
chapter
35
17A
for
carrying
out
this
chapter.
The
rules
may
include
,
but
1
are
not
limited
to
,
specifications
relating
to
motor
fuel,
2
including
but
not
limited
to
renewable
fuel
such
as
ethanol
3
blended
gasoline,
biodiesel,
biodiesel
blended
fuel,
and
4
motor
fuel
components
such
as
an
oxygenate.
In
the
interest
5
of
uniformity,
the
department
shall
adopt
by
reference
other
6
specifications
relating
to
tests
and
standards
for
motor
fuel
7
including
renewable
fuel
and
motor
fuel
components,
established
8
by
the
United
States
environmental
protection
agency
and
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A.S.T.M.
international.
In
adopting
standards
for
a
renewable
10
fuel,
the
department
shall
consult
with
the
committee.
11
Sec.
245.
Section
422.11N,
subsection
4,
paragraph
b,
12
unnumbered
paragraph
2,
Code
2009,
is
amended
to
read
as
13
follows:
14
If
the
governor
finds
that
exigent
circumstances
exist,
the
15
governor
may
reduce
the
applicable
biofuel
threshold
percentage
16
by
replacing
it
with
an
adjusted
biofuel
threshold
percentage.
17
The
governor
shall
consult
with
the
department
of
revenue
18
and
the
office
of
renewable
fuels
and
coproducts
advisory
19
committee
established
pursuant
to
section
159A.4
159A.3
.
20
The
governor
shall
make
the
adjustment
by
giving
notice
of
21
intent
to
issue
a
proclamation
which
shall
take
effect
not
22
earlier
than
thirty-five
days
after
publication
in
the
Iowa
23
administrative
bulletin
of
a
notice
to
issue
the
proclamation.
24
The
governor
shall
provide
a
period
of
notice
and
comment
in
25
the
same
manner
as
provided
in
section
17A.4,
subsection
1.
26
The
adjusted
biofuel
threshold
percentage
shall
be
effective
27
for
the
following
determination
period.
28
Sec.
246.
Section
469.3,
subsection
2,
paragraph
m,
Code
29
Supplement
2009,
is
amended
to
read
as
follows:
30
m.
Coordinate
with
other
state
agencies
regarding
31
implementation
of
the
office
of
renewable
fuels
and
coproducts
32
pursuant
to
section
159A.3
,
serve
on
the
renewable
fuels
33
and
coproducts
advisory
committee,
and
assist
in
providing
34
technical
assistance
to
new
or
existing
renewable
fuel
35
production
facilities.
1
Sec.
247.
REPEAL.
Section
159A.4,
Code
Supplement
2009,
is
2
repealed.
3
Sec.
248.
REPEAL.
Sections
159A.5,
190C.2,
and
190C.2A,
4
Code
2009,
are
repealed.
5
DIVISION
XVII
6
ELIMINATION
OF
STATE
ENTITIES
7
ENTITIES
ASSOCIATED
WITH
THE
DEPARTMENT
OF
NATURAL
RESOURCES’
8
CONTROL
OF
THE
NATURAL
HABITAT
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Sec.
249.
Section
455A.8,
subsection
1,
paragraph
a,
10
unnumbered
paragraph
1,
Code
Supplement
2009,
is
amended
to
11
read
as
follows:
12
The
Brushy
creek
recreation
trails
advisory
board
shall
13
be
organized
within
the
department
and
shall
be
composed
of
14
nine
seven
voting
members
and
one
ex
officio
nonvoting
member
15
as
follows:
16
Sec.
250.
Section
455A.8,
subsection
1,
paragraph
a,
17
subparagraph
(3),
Code
Supplement
2009,
is
amended
by
striking
18
the
subparagraph.
19
Sec.
251.
Section
455A.8,
subsection
1,
paragraph
a,
20
subparagraph
(4),
Code
Supplement
2009,
is
amended
to
read
as
21
follows:
22
(4)
Seven
Six
persons
appointed
by
the
natural
resource
23
commission.
24
Sec.
252.
Section
455A.8,
subsection
1,
paragraph
b,
Code
25
Supplement
2009,
is
amended
to
read
as
follows:
26
b.
The
director
shall
provide
the
natural
resource
27
commission
with
nominations
of
prospective
board
members.
28
Each
person
appointed
by
the
natural
resource
commission
must
29
actively
participate
in
recreational
trail
activities
such
30
as
hiking,
bicycling,
an
equestrian
sport,
or
a
winter
sport
31
at
the
Brushy
creek
recreation
area.
The
nine
seven
voting
32
members
shall
elect
a
chairperson
at
the
board’s
first
meeting
33
each
year.
34
Sec.
253.
Section
465C.1,
subsection
2,
Code
2009,
is
1
amended
by
striking
the
subsection.
2
Sec.
254.
Section
465C.1,
subsection
4,
Code
2009,
is
3
amended
to
read
as
follows:
4
4.
“Dedication”
means
the
allocation
of
an
area
as
a
5
preserve
by
a
public
agency
or
by
a
private
owner
by
written
6
stipulation
in
a
form
approved
by
the
state
advisory
board
for
7
preserves
commission
.
8
Sec.
255.
Section
465C.2,
Code
2009,
is
amended
to
read
as
9
follows:
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465C.2
Advisory
board
State
system
of
preserves
created
.
11
There
is
hereby
created
a
state
system
of
preserves
and
a
12
state
advisory
board
for
preserves
.
13
Sec.
256.
Section
465C.6,
Code
2009,
is
amended
to
read
as
14
follows:
15
465C.6
Advisors.
16
Representatives
of
such
agencies,
institutions,
and
17
organizations
as
the
board
commission
may
determine
may
serve
18
as
advisors
to
the
board
commission
.
Such
advisors
shall
19
receive
no
compensation
for
this
function
but
at
the
discretion
20
of
the
board
commission
may
be
reimbursed
for
travel
and
21
other
necessary
expenses
in
connection
with
the
performance
of
22
their
duties.
23
Sec.
257.
Section
465C.7,
Code
2009,
is
amended
to
read
as
24
follows:
25
465C.7
Ecologist.
26
The
director
shall
employ,
upon
recommendation
by
the
27
board
commission
,
at
salaries
fixed
by
the
board
commission
,
a
28
trained
ecologist
and
other
personnel
as
necessary
to
carry
out
29
the
powers
and
duties
of
the
board
commission
.
30
Sec.
258.
Section
465C.8,
unnumbered
paragraph
1,
Code
31
2009,
is
amended
to
read
as
follows:
32
The
board
commission
shall
have
the
following
powers
and
33
duties:
34
Sec.
259.
Section
465C.8,
subsection
9,
Code
2009,
is
1
amended
to
read
as
follows:
2
9.
To
authorize
payment
of
travel
and
other
necessary
3
expenses
of
the
members
of
the
board
and
advisors
to
the
4
board,
and
salaries,
wages,
compensations,
travel,
supplies,
5
and
equipment
necessary
to
carry
out
the
duties
of
the
6
board,
commission
and
to
authorize
any
other
expenditures
as
7
may
be
necessary
to
carry
into
effect
the
purposes
of
this
8
chapter.
9
Sec.
260.
Section
465C.9,
Code
2009,
is
amended
to
read
as
10
follows:
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465C.9
Articles
of
dedication.
12
1.
The
A
public
agency
or
private
owner
shall
13
complete
articles
of
dedication
on
forms
approved
by
the
14
board
commission
.
When
the
articles
of
dedication
have
been
15
approved
by
the
governor,
the
board
commission
shall
record
16
them
with
the
county
recorder
for
the
county
or
counties
in
17
which
the
area
is
located.
18
2.
The
articles
of
dedication
may
contain
restrictions
19
on
development,
sale,
transfer,
method
of
management,
public
20
access,
and
commercial
or
other
use,
and
may
contain
such
other
21
provisions
as
may
be
necessary
to
further
the
purposes
of
this
22
chapter.
They
may
define
the
respective
jurisdictions
of
the
23
owner
or
operating
agency
and
the
board
commission
.
They
may
24
provide
procedures
to
be
applied
in
case
of
violation
of
the
25
dedication.
They
may
recognize
reversionary
rights.
They
may
26
vary
in
provisions
from
one
preserve
to
another
in
accordance
27
with
differences
in
relative
conditions.
28
Sec.
261.
Section
465C.10,
Code
2009,
is
amended
to
read
as
29
follows:
30
465C.10
When
dedicated
as
a
preserve.
31
An
area
shall
become
a
preserve
when
it
has
been
approved
by
32
the
board
commission
for
dedication
as
a
preserve,
whether
in
33
public
or
private
ownership,
formally
dedicated
as
a
preserve
34
within
the
system
by
a
public
agency
or
private
owner
and
35
designated
by
the
governor
as
a
preserve.
1
Sec.
262.
Section
465C.11,
Code
2009,
is
amended
to
read
as
2
follows:
3
465C.11
Area
held
in
trust.
4
1.
An
area
designated
as
a
preserve
within
the
system
5
is
hereby
declared
put
to
its
highest,
best,
and
most
6
important
use
for
public
benefit.
It
shall
be
held
in
trust
7
and
shall
not
be
alienated
except
to
another
public
use
8
upon
a
finding
by
the
board
commission
of
imperative
and
9
unavoidable
public
necessity
,
and
with
the
approval
of
the
10
commission,
the
general
assembly
by
concurrent
resolution,
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and
of
the
governor.
The
board’s
commission’s
interest
12
or
interests
in
any
area
designated
as
a
preserve
shall
13
not
be
taken
under
the
condemnation
statutes
of
this
state
14
without
such
a
finding
of
imperative
and
unavoidable
public
15
necessity
by
the
board
commission
,
and
with
the
consent
16
of
the
commission,
approval
of
the
general
assembly
by
17
concurrent
resolution,
and
of
the
governor.
18
2.
The
board
commission
,
with
the
approval
of
the
governor,
19
may
enter
into
amendments
to
any
articles
of
dedication
upon
20
its
finding
that
such
amendment
will
not
permit
an
impairment,
21
disturbance,
or
development
of
the
area
inconsistent
with
the
22
purposes
of
this
chapter.
23
3.
Before
the
board
commission
shall
make
a
finding
24
of
imperative
and
unavoidable
public
necessity,
or
shall
25
enter
into
any
amendment
to
articles
of
dedication,
it
the
26
commission
shall
provide
notice
of
such
proposal
and
27
opportunity
for
any
person
to
be
heard.
Such
notice
shall
28
be
published
at
least
once
in
a
newspaper
with
a
general
29
circulation
in
the
county
or
counties
wherein
the
area
directly
30
affected
is
situated,
and
mailed
within
ten
days
of
such
31
published
notice
to
all
persons
who
have
requested
notice
of
32
all
such
proposed
actions.
Each
notice
shall
set
forth
the
33
substance
of
the
proposed
action
and
describe,
with
or
without
34
legal
description,
the
area
affected,
and
shall
set
forth
a
35
place
and
time
not
less
than
sixty
days
thence
for
all
persons
1
desiring
to
be
heard
to
have
reasonable
opportunity
to
be
heard
2
prior
to
the
finding
of
the
board
commission
.
3
Sec.
263.
2008
Iowa
Acts,
chapter
1080,
section
1,
4
subsection
6,
is
amended
to
read
as
follows:
5
6.
This
section
is
repealed
on
July
1,
2010
the
effective
6
date
of
this
section
of
this
division
of
this
Act
.
7
Sec.
264.
REPEAL.
Sections
465C.3,
465C.4,
and
465C.5,
Code
8
2009,
are
repealed.
9
Sec.
265.
REPEAL.
2009
Iowa
Acts,
chapter
144,
section
49,
10
is
repealed.
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Sec.
266.
APPLICABILITY
OF
ACT
TO
BRUSHY
CREEK
RECREATIONAL
12
ADVISORY
BOARD.
The
sections
of
this
division
of
this
Act
13
amending
section
455A.8
shall
not
affect
the
appointment
or
14
term
of
office
of
a
person
who
is
serving
as
a
member
of
the
15
Brushy
creek
recreational
advisory
board
on
the
effective
16
date
of
those
sections,
until
the
member
completes
the
term
17
of
office,
and
shall
take
full
effect
only
after
such
term
of
18
office
is
completed.
19
Sec.
267.
EFFECTIVE
UPON
ENACTMENT.
The
following
20
provisions
of
this
division
of
this
Act,
being
deemed
of
21
immediate
importance,
take
effect
upon
enactment:
22
The
sections
of
this
Act
repealing
2009
Iowa
Acts,
chapter
23
144,
section
49,
establishing
an
upland
game
bird
study
24
advisory
committee.
25
DIVISION
XVIII
26
ELIMINATION
OF
STATE
ENTITIES
27
ENTITIES
ASSOCIATED
WITH
THE
DEPARTMENT
OF
NATURAL
RESOURCES
——
28
IOWA
CLIMATE
CHANGE
ADVISORY
COUNCIL
29
Sec.
268.
Section
455B.851,
subsections
1
through
8,
Code
30
2009,
are
amended
by
striking
the
subsections.
31
Sec.
269.
Section
455B.851,
subsection
9,
Code
2009,
is
32
amended
to
read
as
follows:
33
9.
By
September
1
of
each
year,
the
department
shall
submit
34
a
report
to
the
governor
and
the
general
assembly
regarding
35
the
greenhouse
gas
emissions
in
the
state
during
the
previous
1
calendar
year
and
forecasting
trends
in
such
emissions.
The
2
first
submission
by
the
department
shall
be
filed
by
September
3
1,
2008,
for
the
calendar
year
beginning
January
1,
2007.
4
Sec.
270.
Section
473.7,
subsection
12,
paragraph
b,
Code
5
Supplement
2009,
is
amended
to
read
as
follows:
6
b.
In
the
course
of
the
review,
the
institutions
shall
meet
7
at
least
twice
with
the
Iowa
climate
change
advisory
council
8
established
in
section
455B.851
.
The
office
shall
submit
a
9
report,
based
upon
input
from
the
institutions,
containing
10
its
findings
and
recommendations
to
the
governor
and
general
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assembly
by
January
1,
2011.
12
Sec.
271.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
13
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
14
enactment.
15
DIVISION
XIX
16
ELIMINATION
OF
STATE
ENTITIES
17
ENTITIES
ASSOCIATED
WITH
IOWA
STATE
UNIVERSITY
——
LIVESTOCK
18
HEALTH
ADVISORY
COUNCIL
19
Sec.
272.
Section
267.7,
Code
2009,
is
amended
to
read
as
20
follows:
21
267.7
Other
funds
Gifts
and
moneys
.
22
In
addition
to
the
funds
appropriated
to
it
by
this
chapter
,
23
the
Iowa
state
university
college
of
veterinary
medicine
may
24
accept
gifts
of
property
or
moneys,
in
any
form
including
25
but
not
limited
to
appropriations,
grants,
gifts,
matching
26
funds,
or
any
other
funds
or
matching
moneys,
from
any
public
27
or
private
source
for
purposes
of
conducting
research
into
28
the
involving
diseases
of
affecting
livestock
from
any
source,
29
public
or
private
.
The
college
may
deposit
the
moneys
into
the
30
livestock
disease
research
fund
created
in
section
267.8.
31
Sec.
273.
Section
267.8,
Code
2009,
is
amended
to
read
as
32
follows:
33
267.8
Livestock
disease
research
fund.
34
There
A
livestock
disease
research
fund
is
created
in
the
35
office
of
the
treasurer
of
state
a
fund
to
be
known
as
the
1
livestock
disease
research
fund
for
use
by
the
Iowa
state
2
university
college
of
veterinary
medicine
to
support
the
3
college
in
conducting
research
involving
diseases
affecting
4
livestock
.
Any
balance
in
said
fund
on
June
30
of
each
fiscal
5
year
shall
revert
to
the
general
fund.
6
Sec.
274.
Section
352.2,
subsection
8,
Code
2009,
is
amended
7
to
read
as
follows:
8
8.
“Livestock”
means
the
same
as
defined
in
section
9
267.1
swine,
sheep,
poultry,
cattle,
ostriches,
rheas,
or
emus
.
10
Sec.
275.
REPEAL.
Sections
267.1,
267.2,
267.3,
267.4,
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267.5,
and
267.6,
Code
2009,
are
repealed.
12
Sec.
276.
TRANSFER.
Sections
267.7
and
267.8
are
13
transferred
from
chapter
267
to
chapter
266.
The
sections
14
shall
be
codified
as
part
of
a
new
division,
if
determined
15
appropriate
by
the
Iowa
Code
editor.
16
DIVISION
XX
17
NATURAL
RESOURCES
——
BOARDS
AND
COMMISSIONS
18
Sec.
277.
Section
455A.8,
subsection
1,
paragraph
a,
19
subparagraphs
(3)
and
(4),
Code
Supplement
2009,
are
amended
20
to
read
as
follows:
21
(3)
A
member
of
the
state
advisory
board
for
preserves
22
established
under
chapter
465C
.
23
(4)
(3)
Seven
Eight
persons
appointed
by
the
natural
24
resource
commission.
25
Sec.
278.
Section
455A.8,
subsection
2,
Code
Supplement
26
2009,
is
amended
to
read
as
follows:
27
2.
Each
voting
member
of
the
board
shall
serve
for
terms
28
of
three
years,
and
shall
be
eligible
for
reappointment.
A
29
vacancy
on
the
board
shall
be
filled
for
the
remainder
of
the
30
original
term.
However,
a
vacancy
in
the
membership
slot
31
designated
for
the
park
employee
shall
be
filled
by
the
park
32
employee’s
successor
,
and
the
person
representing
the
state
33
advisory
board
for
preserves
shall
serve
at
the
pleasure
of
the
34
board
.
The
department
shall
reimburse
each
member,
other
than
35
the
director
or
the
director’s
designee
and
the
park
employee,
1
for
actual
expenses
incurred
by
the
member
in
performance
2
of
the
duties
of
the
board.
A
majority
of
voting
members
3
constitutes
a
quorum,
and
the
affirmative
vote
of
a
majority
4
present
is
necessary
for
any
action
taken
by
the
board,
except
5
that
a
lesser
number
may
adjourn
a
meeting.
A
vacancy
in
the
6
membership
of
the
board
does
not
impair
the
rights
of
a
quorum
7
to
exercise
all
rights
and
perform
all
duties
of
the
board.
8
The
board
shall
meet
as
required,
but
at
least
twice
a
year.
9
The
board
shall
meet
upon
call
of
the
chairperson,
or
upon
10
written
request
of
three
members
of
the
board.
Written
notice
11
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of
the
time
and
place
of
the
meeting
shall
be
given
to
each
12
member.
13
Sec.
279.
Section
455B.104,
Code
Supplement
2009,
is
14
amended
by
adding
the
following
new
subsections:
15
NEW
SUBSECTION
.
3.
The
department
may
periodically
forward
16
recommendations
to
the
commission
designed
to
encourage
the
17
reduction
of
statewide
greenhouse
gas
emissions.
18
NEW
SUBSECTION
.
4.
By
September
1
of
each
year,
the
19
department
shall
submit
a
report
to
the
governor
and
the
20
general
assembly
regarding
the
greenhouse
gas
emissions
in
the
21
state
during
the
previous
calendar
year
and
forecasting
trends
22
in
such
emissions.
The
first
submission
by
the
department
23
shall
be
filed
by
September
1,
2011,
for
the
calendar
year
24
beginning
January
1,
2010.
25
Sec.
280.
Section
455B.851,
Code
2009,
is
amended
by
adding
26
the
following
new
subsection:
27
NEW
SUBSECTION
.
10.
This
section
is
repealed
July
1,
2011.
28
Sec.
281.
Section
465C.1,
subsection
2,
Code
2009,
is
29
amended
by
striking
the
subsection.
30
Sec.
282.
Section
465C.1,
subsection
4,
Code
2009,
is
31
amended
to
read
as
follows:
32
4.
“Dedication”
means
the
allocation
of
an
area
as
a
33
preserve
by
a
public
agency
or
by
a
private
owner
by
written
34
stipulation
in
a
form
approved
by
the
state
advisory
board
for
35
preserves
commission
.
1
Sec.
283.
Section
465C.2,
Code
2009,
is
amended
to
read
as
2
follows:
3
465C.2
Advisory
board
State
system
of
preserves
.
4
There
is
hereby
created
a
state
system
of
preserves
and
a
5
state
advisory
board
for
preserves
.
6
Sec.
284.
Section
465C.7,
Code
2009,
is
amended
to
read
as
7
follows:
8
465C.7
Ecologist.
9
The
director
shall
employ
,
upon
recommendation
by
the
board,
10
at
salaries
fixed
by
the
board,
a
trained
ecologist
and
other
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personnel
as
necessary
to
carry
out
the
powers
and
duties
of
12
the
board
commission
.
13
Sec.
285.
Section
465C.8,
unnumbered
paragraph
1,
Code
14
2009,
is
amended
to
read
as
follows:
15
The
board
commission
shall
have
the
following
powers
and
16
duties:
17
Sec.
286.
Section
465C.8,
subsections
3,
4,
5,
9,
and
11,
18
Code
2009,
are
amended
to
read
as
follows:
19
3.
To
recommend
dedication
dedicate
as
preserves,
of
areas
20
owned
by
the
state
under
the
jurisdiction
of
the
department.
21
4.
To
recommend
acquisition
of
acquire
areas
for
dedication
22
as
preserves
subject
to
approval
by
the
natural
resource
23
commission
.
24
5.
To
recommend
dedication
dedicate
as
preserves,
25
areas
owned
by
other
public
agencies,
private
groups,
and
26
individuals.
27
9.
To
authorize
payment
of
travel
and
other
necessary
28
expenses
of
the
members
of
the
board
and
advisors
to
the
29
board
commission
,
and
salaries,
wages,
compensations,
travel,
30
supplies,
and
equipment
necessary
to
carry
out
the
duties
of
31
the
board
commission
,
and
to
authorize
any
other
expenditures
32
as
may
be
necessary
to
carry
into
effect
the
purposes
of
this
33
chapter.
34
11.
To
submit
to
the
governor
and
the
legislature
general
35
assembly
a
report
before
January
15,
1967,
and
by
January
15
1
in
every
two
years
thereafter
odd-numbered
year
which
shall
2
account
for
each
preserve
in
the
system
and
make
such
other
3
reports
and
recommendations
as
it
may
deem
necessary.
4
Sec.
287.
Section
465C.9,
Code
2009,
is
amended
to
read
as
5
follows:
6
465C.9
Articles
of
dedication.
7
The
public
agency
or
private
owner
shall
complete
articles
8
of
dedication
on
forms
approved
by
the
board
commission
.
When
9
the
articles
of
dedication
have
been
approved
by
the
governor,
10
the
board
commission
shall
record
them
with
the
county
recorder
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for
the
county
or
counties
in
which
the
area
is
located.
12
The
articles
of
dedication
may
contain
restrictions
on
13
development,
sale,
transfer,
method
of
management,
public
14
access,
and
commercial
or
other
use,
and
may
contain
such
15
other
provisions
as
may
be
necessary
to
further
the
purposes
16
of
this
chapter.
They
The
articles
of
dedication
may
define
17
the
respective
jurisdictions
of
the
owner
or
operating
agency
18
and
the
board
commission
.
They
The
articles
of
dedication
may
19
provide
procedures
to
be
applied
in
case
of
violation
of
the
20
dedication
.
They
and
may
recognize
reversionary
rights.
21
They
The
articles
of
dedication
may
vary
in
provisions
from
one
22
preserve
to
another
in
accordance
with
differences
in
relative
23
conditions.
24
Sec.
288.
Section
465C.10,
Code
2009,
is
amended
to
read
as
25
follows:
26
465C.10
When
dedicated
as
a
preserve.
27
An
area
shall
become
a
preserve
when
it
has
been
approved
by
28
the
board
commission
for
dedication
as
a
preserve,
whether
in
29
public
or
private
ownership,
formally
dedicated
as
a
preserve
30
within
the
system
by
a
public
agency
or
private
owner
and
31
designated
by
the
governor
as
a
preserve.
32
Sec.
289.
Section
465C.11,
Code
2009,
is
amended
to
read
as
33
follows:
34
465C.11
Area
held
in
trust.
35
An
area
designated
as
a
preserve
within
the
system
is
1
hereby
declared
put
to
its
highest,
best,
and
most
important
2
use
for
public
benefit.
It
shall
be
held
in
trust
and
shall
3
not
be
alienated
except
to
another
public
use
upon
a
finding
4
by
the
board
commission
of
imperative
and
unavoidable
public
5
necessity
and
with
the
approval
of
the
commission,
the
6
general
assembly
by
concurrent
resolution
,
and
the
governor.
7
The
board’s
commission’s
interest
or
interests
in
any
8
area
designated
as
a
preserve
shall
not
be
taken
under
the
9
condemnation
statutes
of
this
state
without
such
a
finding
10
of
imperative
and
unavoidable
public
necessity
by
the
board,
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and
with
the
consent
of
the
commission,
and
with
the
approval
12
of
the
general
assembly
by
concurrent
resolution
,
and
of
the
13
governor.
14
The
board
commission
,
with
the
approval
of
the
governor,
15
may
enter
into
amendments
to
any
articles
of
dedication
upon
16
its
finding
that
such
amendment
will
not
permit
an
impairment,
17
disturbance,
or
development
of
the
area
inconsistent
with
the
18
purposes
of
this
chapter.
19
Before
the
board
commission
shall
make
a
finding
of
20
imperative
and
unavoidable
public
necessity,
or
shall
enter
21
into
any
amendment
to
articles
of
dedication,
it
shall
provide
22
notice
of
such
proposal
and
opportunity
for
any
person
to
be
23
heard.
Such
notice
shall
be
published
at
least
once
in
a
24
newspaper
with
a
general
circulation
in
the
county
or
counties
25
wherein
the
area
directly
affected
is
situated,
and
mailed
26
within
ten
days
of
such
published
notice
to
all
persons
who
27
have
requested
notice
of
all
such
proposed
actions.
Each
28
notice
shall
set
forth
the
substance
of
the
proposed
action
29
and
describe,
with
or
without
legal
description,
the
area
30
affected,
and
shall
set
forth
a
place
and
time
not
less
than
31
sixty
days
thence
for
all
persons
desiring
to
be
heard
to
have
32
reasonable
opportunity
to
be
heard
prior
to
the
finding
of
the
33
board
commission
.
34
Sec.
290.
Section
473.7,
subsection
12,
paragraph
b,
Code
1
Supplement
2009,
is
amended
by
striking
the
paragraph.
2
Sec.
291.
REPEAL.
Sections
465C.3,
465C.4,
465C.5,
and
3
465C.6,
Code
2009,
are
repealed.
4
Sec.
292.
REPEAL.
2009
Iowa
Acts,
chapter
144,
section
49,
5
is
repealed.
6
Sec.
293.
REPEAL.
2008
Iowa
Acts,
chapter
1080,
section
1,
7
is
repealed.
8
Sec.
294.
EFFECTIVE
UPON
ENACTMENT.
The
following
9
provision
or
provisions
of
this
division
of
this
Act,
being
10
deemed
of
immediate
importance,
take
effect
upon
enactment:
11
1.
The
section
of
this
Act
repealing
2009
Iowa
Acts,
chapter
12
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144,
section
49.
13
2.
The
section
of
this
Act
repealing
2008
Iowa
Acts,
chapter
14
1080,
section
1.
15
Sec.
295.
EFFECTIVE
DATE.
The
following
provision
or
16
provisions
of
this
division
of
this
Act
take
effect
July
1,
17
2011:
18
1.
The
section
of
this
Act
amending
section
455B.104.
19
2.
The
section
of
this
Act
amending
section
473.7.
20
DIVISION
XXI
21
IOWA
COMPREHENSIVE
PETROLEUM
UNDERGROUND
22
STORAGE
TANK
FUND
BOARD
23
Sec.
296.
Section
15G.201,
subsection
10,
Code
2009,
is
24
amended
by
striking
the
subsection.
25
Sec.
297.
Section
15G.202,
subsection
6,
Code
2009,
is
26
amended
to
read
as
follows:
27
6.
The
infrastructure
board
shall
meet
with
three
28
or
more
members
of
the
underground
storage
tank
fund
29
board
who
shall
represent
the
underground
storage
tank
30
fund
board
the
department
of
natural
resources
.
The
31
representatives
department
of
natural
resources
shall
32
be
available
to
advise
the
infrastructure
board
when
the
33
infrastructure
board
makes
decisions
regarding
the
awarding
34
of
financial
incentives
to
a
person
under
a
renewable
fuel
35
infrastructure
program
provided
in
section
15G.203
or
15G.204.
1
Sec.
298.
Section
15G.203,
subsection
2,
Code
Supplement
2
2009,
is
amended
to
read
as
follows:
3
2.
A
person
may
apply
to
the
department
of
economic
4
development
to
receive
financial
incentives
on
a
cost-share
5
basis.
The
department
of
economic
development
shall
forward
6
the
applications
to
the
underground
storage
tank
fund
7
board
department
of
natural
resources
as
required
by
that
8
board
the
department
of
natural
resources
for
evaluation
9
and
recommendation.
The
underground
storage
tank
fund
10
board
department
of
natural
resources
may
rank
the
applications
11
with
comments
and
shall
forward
them
to
the
infrastructure
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board
for
approval
or
disapproval.
The
department
of
economic
13
development
shall
award
financial
incentives
on
a
cost-share
14
basis
to
an
eligible
person
whose
application
was
approved
by
15
the
infrastructure
board.
16
Sec.
299.
Section
15G.204,
subsection
1,
Code
2009,
is
17
amended
to
read
as
follows:
18
1.
A
person
may
apply
to
the
department
of
economic
19
development
to
receive
financial
incentives
on
a
cost-share
20
basis.
The
department
of
economic
development
shall
forward
21
the
applications
to
the
underground
storage
tank
fund
22
board
department
of
natural
resources
as
required
by
that
23
board
the
department
of
natural
resources
for
evaluation
24
and
recommendation.
The
underground
storage
tank
fund
25
board
department
of
natural
resources
may
rank
the
applications
26
with
comments
and
shall
forward
them
to
the
infrastructure
27
board
for
approval
or
disapproval.
The
department
of
economic
28
development
shall
award
financial
incentives
on
a
cost-share
29
basis
to
an
eligible
person
whose
application
was
approved
by
30
the
infrastructure
board.
31
Sec.
300.
Section
16.151,
Code
2009,
is
amended
to
read
as
32
follows:
33
16.151
Authority
to
issue
Iowa
tank
assistance
bonds.
34
The
authority
shall
assist
the
Iowa
comprehensive
petroleum
35
underground
storage
tank
fund
as
provided
in
chapter
455G
1
and
the
authority
shall
have
all
of
the
powers
that
the
2
Iowa
comprehensive
petroleum
underground
storage
tank
fund
3
board
department
of
natural
resources
possesses
and
which
4
that
board
department
delegates
to
the
authority
in
a
chapter
5
28E
agreement
or
a
contract
between
the
authority
and
the
6
Iowa
comprehensive
petroleum
underground
storage
tank
fund
7
board
department
with
respect
to
the
issuance
and
securing
of
8
bonds
and
carrying
out
the
purposes
of
chapter
455G.
9
Sec.
301.
Section
68B.35,
subsection
2,
paragraph
e,
Code
10
Supplement
2009,
is
amended
to
read
as
follows:
11
e.
Members
of
the
state
banking
council,
the
ethics
and
12
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campaign
disclosure
board,
the
credit
union
review
board,
the
13
economic
development
board,
the
employment
appeal
board,
the
14
environmental
protection
commission,
the
health
facilities
15
council,
the
Iowa
finance
authority,
the
Iowa
public
employees’
16
retirement
system
investment
board,
the
board
of
the
Iowa
17
lottery
authority,
the
natural
resource
commission,
the
18
board
of
parole,
the
petroleum
underground
storage
tank
19
fund
board,
the
public
employment
relations
board,
the
state
20
racing
and
gaming
commission,
the
state
board
of
regents,
21
the
tax
review
board,
the
transportation
commission,
the
22
office
of
consumer
advocate,
the
utilities
board,
the
Iowa
23
telecommunications
and
technology
commission,
and
any
full-time
24
members
of
other
boards
and
commissions
as
defined
under
25
section
7E.4
who
receive
an
annual
salary
for
their
service
26
on
the
board
or
commission.
The
Iowa
ethics
and
campaign
27
disclosure
board
shall
conduct
an
annual
review
to
determine
28
if
members
of
any
other
board,
commission,
or
authority
should
29
file
a
statement
and
shall
require
the
filing
of
a
statement
30
pursuant
to
rules
adopted
pursuant
to
chapter
17A.
31
Sec.
302.
Section
424.1,
subsections
3
through
5,
Code
2009,
32
are
amended
to
read
as
follows:
33
3.
The
director
of
revenue
shall
enter
into
a
contract
or
34
agreement
with
the
board
department
of
natural
resources
to
35
provide
assistance
requested
by
the
board
department
of
natural
1
resources
.
Policy
issues
arising
under
this
chapter
or
chapter
2
455G
shall
be
determined
by
the
board
department
of
natural
3
resources
,
and
the
board
department
of
natural
resources
shall
4
be
joined
as
a
real
party
in
interest
when
a
policy
issue
is
5
raised.
6
4.
The
board
environmental
protection
commission
shall
7
retain
rulemaking
authority,
but
may
contract
with
the
8
department
of
revenue
for
assistance
in
drafting
rules.
The
9
board
commission
shall
retain
contested
case
jurisdiction
over
10
any
challenge
to
the
diminution
rate
or
cost
factor.
The
11
department
of
revenue
shall
conduct
all
other
contested
cases
12
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and
be
responsible
for
other
agency
action
in
connection
with
13
the
environmental
protection
charge
imposed
under
this
chapter.
14
5.
The
board
department
of
natural
resources
shall
15
reimburse
the
department
of
revenue
by
contract
for
the
16
reasonable
cost
of
administration
of
the
environmental
17
protection
charge
imposed
under
this
chapter
and
for
other
18
duties
delegated
to
the
department
of
revenue
or
to
the
19
director
of
revenue
by
the
board
department
of
natural
20
resources
.
21
Sec.
303.
Section
424.2,
subsection
1,
Code
2009,
is
amended
22
by
striking
the
subsection.
23
Sec.
304.
Section
424.3,
subsection
5,
Code
Supplement
24
2009,
is
amended
to
read
as
follows:
25
5.
The
cost
factor
is
an
amount
per
gallon
of
26
diminution
determined
by
the
board
department
of
natural
27
resources
pursuant
to
this
subsection.
The
board
department
28
of
natural
resources
,
after
public
hearing,
shall
determine,
29
or
shall
adjust,
the
cost
factor
to
the
greater
of
either
an
30
amount
reasonably
calculated
to
generate
an
annual
average
31
revenue,
year
to
year,
of
seventeen
million
dollars
from
the
32
charge,
excluding
penalties
and
interest,
or
ten
dollars.
The
33
board
department
of
natural
resources
may
determine
or
adjust
34
the
cost
factor
at
any
time
but
shall
at
minimum
determine
the
35
cost
factor
at
least
once
each
fiscal
year.
1
Sec.
305.
Section
424.5,
subsections
1
and
5,
Code
2009,
are
2
amended
to
read
as
follows:
3
1.
It
is
unlawful
for
any
person
to
deposit
petroleum
into
4
a
tank
in
this
state,
unless
a
depositor
permit
has
been
issued
5
to
that
person
under
this
section.
A
depositor
shall
file
with
6
the
department
an
application
for
a
permit.
An
application
7
for
a
permit
shall
be
made
upon
a
form
prescribed
by
the
8
board
department
of
natural
resources
and
shall
set
forth
the
9
name
under
which
the
applicant
transacts
or
intends
to
transact
10
business,
the
location
or
locations
of
the
applicant’s
place
11
of
business,
and
any
other
information
as
the
board
department
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of
natural
resources
may
require.
The
application
shall
13
be
signed
by
the
owner
if
a
natural
person;
in
the
case
of
14
an
association
or
partnership,
by
a
member
or
partner;
in
15
the
case
of
a
corporation,
by
an
executive
officer
or
some
16
person
specifically
authorized
by
the
corporation
to
sign
the
17
application,
to
which
shall
be
attached
the
written
evidence
of
18
the
person’s
authority.
19
5.
If
the
holder
of
a
permit
fails
to
comply
with
any
20
of
the
provisions
of
this
chapter
or
any
order
or
rule
of
21
the
department,
or
rule
of
the
environmental
protection
22
commission,
or
order
of
the
board
department
of
natural
23
resources
pursuant
to
this
chapter,
or
is
substantially
24
delinquent
in
the
payment
of
a
tax
or
charge
administered
by
25
the
department
or
the
interest
or
penalty
on
the
tax
or
charge,
26
the
director
may
revoke
the
permit.
27
Sec.
306.
Section
424.6,
subsection
1,
unnumbered
paragraph
28
2,
Code
2009,
is
amended
to
read
as
follows:
29
The
department
shall
permit
a
credit
against
the
charge
due
30
from
a
person
operating
an
eligible
underground
bulk
storage
31
facility
equal
to
the
total
volume
of
petroleum
transferred
or
32
sold
from
a
tank
in
bulk
quantities
and
delivered
to
a
person
33
for
deposit
in
a
tank
which
is
exempt,
deferred,
or
excluded
34
pursuant
to
this
subsection,
multiplied
by
the
diminution
rate
35
multiplied
by
the
cost
factor,
subject
to
rules
adopted
by
the
1
board
environmental
protection
commission
.
“Bulk
quantities”
as
2
used
in
this
paragraph
means
at
least
a
portion
of
a
standard
3
tanker
truck
load.
“Eligible
underground
bulk
storage
facility”
4
means
an
underground
bulk
storage
facility
in
operation
on
or
5
before
January
1,
1990.
6
Sec.
307.
Section
424.6,
subsection
6,
Code
2009,
is
amended
7
to
read
as
follows:
8
6.
The
board
department
of
natural
resources
may
waive
9
the
requirement
for
an
exemption
certificate
for
one
or
more
10
classes
of
exempt,
deferred,
or
excluded
tanks,
if
in
the
11
board’s
department
of
natural
resources’
judgment
an
exemption
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certificate
is
not
required
for
effective
and
efficient
13
collection
of
the
charge.
If
an
exemption
certificate
is
not
14
required
for
a
class
pursuant
to
this
subsection,
the
depositor
15
shall
maintain
and
file
such
records
and
information
as
may
be
16
required
by
the
director
regarding
deposits
into
a
tank
subject
17
to
the
waiver.
18
Sec.
308.
Section
424.11,
subsection
1,
paragraph
b,
Code
19
Supplement
2009,
is
amended
to
read
as
follows:
20
b.
The
environmental
protection
charge
lien
shall
attach
at
21
the
time
the
charge
becomes
due
and
payable
and
shall
continue
22
for
ten
years
from
the
time
the
lien
attaches
unless
sooner
23
released
or
otherwise
discharged.
The
lien
may
be
extended,
24
within
ten
years
from
the
date
the
lien
attaches,
by
filing
25
for
record
a
notice
with
the
appropriate
county
official
of
26
the
appropriate
county
and
from
the
time
of
such
filing,
the
27
lien
shall
be
extended
to
the
property
in
such
county
for
ten
28
years,
unless
sooner
released
or
otherwise
discharged,
with
no
29
limit
on
the
number
of
extensions.
The
director
shall
charge
30
off
any
account
whose
lien
is
allowed
to
lapse
and
may
charge
31
off
any
account
and
release
the
corresponding
lien
before
the
32
lien
has
lapsed
if
the
director
determines
under
uniform
rules
33
adopted
by
the
board
environmental
protection
commission
that
34
the
account
is
uncollectible
or
collection
costs
involved
would
35
not
warrant
collection
of
the
amount
due.
1
Sec.
309.
Section
424.15,
unnumbered
paragraph
2,
Code
2
2009,
is
amended
to
read
as
follows:
3
Refunds
may
be
made
only
from
the
unallocated
or
uncommitted
4
moneys
in
the
road
use
tax
fund,
and
are
limited
by
the
5
total
amount
budgeted
by
the
board
department
of
natural
6
resources
for
charge
refunds.
7
Sec.
310.
Section
424.16,
subsections
1
and
2,
Code
8
Supplement
2009,
are
amended
to
read
as
follows:
9
1.
a.
The
board
department
of
natural
resources
shall
10
notify
each
person
who
has
previously
filed
an
environmental
11
protection
charge
return,
and
any
other
person
known
to
the
12
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board
department
of
natural
resources
who
will
owe
the
charge
13
at
any
address
obtainable
for
that
person,
at
least
thirty
days
14
in
advance
of
the
start
of
any
calendar
quarter
during
which
an
15
administrative
change
in
the
cost
factor,
pursuant
to
section
16
424.3,
subsection
5,
becomes
effective.
17
b.
Notice
shall
be
provided
by
mailing
a
notice
of
the
18
change
to
the
address
listed
on
the
person’s
last
return.
19
The
mailing
of
the
notice
is
presumptive
evidence
of
the
20
receipt
of
the
notice
by
the
person
to
whom
addressed.
The
21
board
department
of
natural
resources
shall
also
publish
the
22
same
notice
at
least
twice
in
a
paper
of
general
circulation
23
within
the
state
at
least
thirty
days
in
advance
of
the
first
24
day
of
the
calendar
quarter
during
which
a
change
in
paragraph
25
“a”
becomes
effective.
26
2.
A
notice
authorized
or
required
under
this
section
may
27
be
given
by
mailing
the
notice
to
the
person
for
whom
it
is
28
intended,
addressed
to
that
person
at
the
address
given
in
the
29
last
return
filed
by
the
person
pursuant
to
this
chapter,
or
if
30
no
return
has
been
filed,
then
to
any
address
obtainable.
The
31
mailing
of
the
notice
is
presumptive
evidence
of
the
receipt
32
of
the
notice
by
the
person
to
whom
addressed.
Any
period
33
of
time
which
is
determined
according
to
this
chapter
by
the
34
giving
of
notice
commences
to
run
from
the
date
of
mailing
of
35
the
notice.
Neither
mailed
notice
or
notice
by
publication
1
is
required
for
the
initial
determination
and
imposition
of
2
the
charge.
The
board
department
of
natural
resources
shall
3
undertake
to
provide
reasonable
notice
of
the
environmental
4
protection
charge
and
procedures,
as
in
the
board’s
department
5
of
natural
resources’
sole
discretion
it
deems
appropriate,
6
provided
that
the
actual
charge
and
procedures
are
published
in
7
the
Iowa
administrative
bulletin
prior
to
the
effective
date
8
of
the
charge.
9
Sec.
311.
Section
427B.20,
subsection
1,
paragraph
a,
Code
10
Supplement
2009,
is
amended
to
read
as
follows:
11
a.
“Actual
portion
of
the
costs
paid
by
the
owner
or
operator
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of
an
underground
storage
tank
in
connection
with
a
remedial
13
action
for
which
the
Iowa
comprehensive
petroleum
underground
14
storage
tank
fund
shares
in
the
cost
of
corrective
action”
means
15
the
amount
determined
by
the
fund’s
board
department
of
natural
16
resources
,
or
the
board’s
designee
of
the
department
of
natural
17
resources
,
as
the
administrator
of
the
Iowa
comprehensive
18
petroleum
underground
storage
tank
fund,
and
for
which
the
19
owner
or
operator
was
not
reimbursed
from
any
other
source.
20
Sec.
312.
Section
455B.471,
subsection
1,
Code
2009,
is
21
amended
by
striking
the
subsection.
22
Sec.
313.
Section
455B.474,
subsection
1,
paragraph
f,
23
subparagraphs
(9)
and
(10),
Code
Supplement
2009,
are
amended
24
to
read
as
follows:
25
(9)
Replacement
or
upgrade
of
a
tank
on
a
site
classified
26
as
a
high
or
low
risk
site
shall
be
equipped
with
a
secondary
27
containment
system
with
monitoring
of
the
space
between
28
the
primary
and
secondary
containment
structures
or
other
29
board
department
approved
tank
system
or
methodology.
30
(10)
The
commission
and
the
board
shall
cooperate
to
ensure
31
that
remedial
measures
required
by
the
corrective
action
32
rules
adopted
pursuant
to
this
paragraph
are
reasonably
33
cost-effective
and
shall,
to
the
fullest
extent
possible,
avoid
34
duplicating
and
conflicting
requirements.
35
Sec.
314.
Section
455B.474,
subsection
9,
paragraph
d,
Code
1
Supplement
2009,
is
amended
to
read
as
follows:
2
d.
The
certification
of
groundwater
professionals
shall
not
3
impose
liability
on
the
board,
the
department
,
or
the
fund
for
4
any
claim
or
cause
of
action
of
any
nature,
based
on
the
action
5
or
inaction
of
a
groundwater
professional
certified
pursuant
6
to
this
subsection.
7
Sec.
315.
Section
455B.477,
subsection
7,
Code
2009,
is
8
amended
to
read
as
follows:
9
7.
The
civil
penalties
or
other
damages
or
moneys
recovered
10
by
the
state
or
the
petroleum
underground
storage
tank
fund
11
in
connection
with
a
petroleum
underground
storage
tank
under
12
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this
part
of
this
division
or
chapter
455G
shall
be
credited
to
13
the
fund
created
in
section
455G.3
and
allocated
between
fund
14
accounts
according
to
the
fund
budget.
Any
federal
moneys,
15
including
but
not
limited
to
federal
underground
storage
tank
16
trust
fund
moneys,
received
by
the
state
or
the
department
of
17
natural
resources
in
connection
with
a
release
occurring
on
18
or
after
May
5,
1989,
or
received
generally
for
underground
19
storage
tank
programs
on
or
after
May
5,
1989,
shall
be
20
credited
to
the
fund
created
in
section
455G.3
and
allocated
21
between
fund
accounts
according
to
the
fund
budget,
unless
22
such
use
would
be
contrary
to
federal
law.
The
department
23
shall
cooperate
with
the
board
of
the
Iowa
comprehensive
24
petroleum
underground
storage
tank
fund
to
maximize
the
state’s
25
eligibility
for
and
receipt
of
federal
funds
for
underground
26
storage
tank
related
purposes.
27
Sec.
316.
Section
455G.1,
subsection
2,
paragraph
c,
Code
28
Supplement
2009,
is
amended
to
read
as
follows:
29
c.
If
and
when
federal
law
changes,
the
department
30
of
natural
resources
commission
shall
adopt
by
rule
31
such
additional
requirements,
exemptions,
deferrals,
or
32
exclusions
as
required
by
federal
law.
It
is
expected
that
33
certain
classes
of
tanks
currently
exempted
or
excluded
by
34
federal
regulation
will
be
regulated
by
the
United
States
35
environmental
protection
agency
in
the
future.
A
tank
1
which
is
not
required
by
federal
law
to
maintain
proof
of
2
financial
responsibility
shall
not
be
subject
to
department
3
of
natural
resources
commission
rules
on
proof
of
financial
4
responsibility.
5
Sec.
317.
Section
455G.2,
subsections
2,
5,
6,
and
12,
Code
6
2009,
are
amended
to
read
as
follows:
7
2.
“Board”
means
the
Iowa
comprehensive
petroleum
8
underground
storage
tank
fund
board.
9
5.
“Community
remediation”
means
a
program
of
coordinated
10
testing,
planning,
or
remediation,
involving
two
or
more
tank
11
sites
potentially
connected
with
a
continuous
contaminated
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area,
pursuant
to
rules
adopted
by
the
board
commission
.
A
13
community
remediation
does
not
expand
the
scope
of
coverage
14
otherwise
available
or
relieve
liability
otherwise
imposed
15
under
state
or
federal
law.
16
6.
“Corrective
action”
means
an
action
taken
to
minimize,
17
eliminate,
or
clean
up
a
release
to
protect
the
public
18
health
and
welfare
or
the
environment.
Corrective
action
19
includes
,
but
is
not
limited
to
,
excavation
of
an
underground
20
storage
tank
for
the
purposes
of
repairing
a
leak
or
removal
21
of
a
tank,
removal
of
contaminated
soil,
and
cleansing
of
22
groundwaters
or
surface
waters.
Corrective
action
does
23
not
include
replacement
of
an
underground
storage
tank
or
24
other
capital
improvements
to
the
tank.
Corrective
action
25
specifically
excludes
third-party
liability.
Corrective
action
26
includes
the
expenses
incurred
to
prepare
a
site
cleanup
report
27
for
approval
by
the
department
of
natural
resources
detailing
28
the
planned
response
to
a
release
or
suspected
release,
but
not
29
necessarily
all
actions
proposed
to
be
taken
by
a
site
cleanup
30
report.
31
12.
“Insurance”
includes
any
form
of
financial
assistance
32
or
showing
of
financial
responsibility
sufficient
to
comply
33
with
the
federal
Resource
Conservation
and
Recovery
Act
or
the
34
Iowa
department
of
natural
resources’
department’s
underground
35
storage
tank
financial
responsibility
rules.
1
Sec.
318.
Section
455G.2,
Code
2009,
is
amended
by
adding
2
the
following
new
subsections:
3
NEW
SUBSECTION
.
4A.
“Commission”
means
the
environmental
4
protection
commission
created
pursuant
to
section
455A.6.
5
NEW
SUBSECTION
.
6A.
“Department”
means
the
department
of
6
natural
resources
created
pursuant
to
section
455A.2.
7
Sec.
319.
Section
455G.3,
subsections
1,
2,
and
5,
Code
8
2009,
are
amended
to
read
as
follows:
9
1.
The
Iowa
comprehensive
petroleum
underground
storage
10
tank
fund
is
created
as
a
separate
fund
in
the
state
treasury,
11
and
any
funds
remaining
in
the
fund
at
the
end
of
each
fiscal
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year
shall
not
revert
to
the
general
fund
but
shall
remain
13
in
the
Iowa
comprehensive
petroleum
underground
storage
tank
14
fund.
Interest
or
other
income
earned
by
the
fund
shall
be
15
deposited
in
the
fund.
The
fund
shall
include
moneys
credited
16
to
the
fund
under
this
section,
section
321.145,
subsection
17
2,
paragraph
“a”
,
and
sections
455G.8
and
455G.9,
and
section
18
455G.11,
Code
2003,
and
other
funds
which
by
law
may
be
19
credited
to
the
fund.
The
moneys
in
the
fund
are
appropriated
20
to
and
for
the
purposes
of
the
board
department
as
provided
21
in
this
chapter.
Amounts
in
the
fund
shall
not
be
subject
to
22
appropriation
for
any
other
purpose
by
the
general
assembly,
23
but
shall
be
used
only
for
the
purposes
set
forth
in
this
24
chapter.
The
treasurer
of
state
shall
act
as
custodian
of
the
25
fund
and
disburse
amounts
contained
in
it
as
directed
by
the
26
board
department
including
automatic
disbursements
of
funds
as
27
received
pursuant
to
the
terms
of
bond
indentures
and
documents
28
and
security
provisions
to
trustees
and
custodians.
The
29
treasurer
of
state
is
authorized
to
invest
the
funds
deposited
30
in
the
fund
at
the
direction
of
the
board
department
and
31
subject
to
any
limitations
contained
in
any
applicable
bond
32
proceedings.
The
income
from
such
investment
shall
be
credited
33
to
and
deposited
in
the
fund.
The
fund
shall
be
administered
34
by
the
board
department
which
shall
make
expenditures
from
the
35
fund
consistent
with
the
purposes
of
the
programs
set
out
in
1
this
chapter
without
further
appropriation.
The
fund
may
be
2
divided
into
different
accounts
with
different
depositories
as
3
determined
by
the
board
department
and
to
fulfill
the
purposes
4
of
this
chapter.
5
2.
The
board
department
shall
assist
Iowa’s
owners
and
6
operators
of
petroleum
underground
storage
tanks
in
complying
7
with
federal
environmental
protection
agency
technical
and
8
financial
responsibility
regulations
by
establishment
of
the
9
Iowa
comprehensive
petroleum
underground
storage
tank
fund.
10
The
authority
may
issue
its
bonds,
or
series
of
bonds,
to
11
assist
the
board
department
,
as
provided
in
this
chapter.
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5.
For
purposes
of
payment
of
refunds
of
the
environmental
13
protection
charge
under
section
424.15
by
the
department
14
of
revenue,
the
treasurer
of
state
shall
allocate
to
the
15
department
of
administrative
services
the
total
amount
budgeted
16
by
the
fund’s
board
department
of
natural
resources
for
17
environmental
protection
charge
refunds.
Any
unused
funds
18
shall
be
remitted
to
the
treasurer
of
state.
19
Sec.
320.
Section
455G.4,
Code
Supplement
2009,
is
amended
20
to
read
as
follows:
21
455G.4
Governing
board
Duties
.
22
1.
Members
of
the
board.
23
a.
The
Iowa
comprehensive
petroleum
underground
storage
tank
24
fund
board
is
established
consisting
of
the
following
members:
25
(1)
The
director
of
the
department
of
natural
resources,
or
26
the
director’s
designee.
27
(2)
The
treasurer
of
state,
or
the
treasurer’s
designee.
28
(3)
The
commissioner
of
insurance,
or
the
commissioner’s
29
designee.
30
(4)
Two
public
members
appointed
by
the
governor
and
31
confirmed
by
the
senate
to
staggered
four-year
terms,
except
32
that,
of
the
first
members
appointed,
one
public
member
shall
33
be
appointed
for
a
term
of
two
years
and
one
for
a
term
of
four
34
years.
A
public
member
shall
have
experience,
knowledge,
and
35
expertise
of
the
subject
matter
embraced
within
this
chapter
.
1
Two
public
members
shall
be
appointed
with
experience
in
2
either,
or
both,
financial
markets
or
insurance.
3
(5)
Two
owners
or
operators
appointed
by
the
governor.
4
One
of
the
owners
or
operators
appointed
pursuant
to
this
5
subparagraph
shall
have
been
a
petroleum
systems
insured
6
through
the
underground
storage
tank
insurance
fund
as
it
7
existed
on
June
30,
2004,
or
a
successor
to
the
underground
8
storage
tank
insurance
fund
and
shall
have
been
an
insured
9
through
the
insurance
account
of
the
comprehensive
petroleum
10
underground
storage
tank
fund
on
or
before
October
26,
1990.
11
One
of
the
owners
or
operators
appointed
pursuant
to
this
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subparagraph
shall
be
self-insured.
13
(6)
The
director
of
the
legislative
services
agency,
or
14
the
director’s
designee.
The
director
under
this
subparagraph
15
shall
not
participate
as
a
voting
member
of
the
board.
16
b.
A
public
member
appointed
pursuant
to
paragraph
“a”
,
17
subparagraph
(4),
shall
not
have
a
conflict
of
interest.
For
18
purposes
of
this
section
,
a
“conflict
of
interest”
means
an
19
affiliation,
within
the
twelve
months
before
the
member’s
20
appointment,
with
the
regulated
tank
community,
or
with
a
21
person
or
property
and
casualty
insurer
offering
competitive
22
insurance
or
other
means
of
financial
assurance
or
which
23
previously
offered
environmental
hazard
insurance
for
a
member
24
of
the
regulated
tank
community.
25
c.
The
filling
of
positions
reserved
for
public
26
representatives,
vacancies,
membership
terms,
payment
of
27
compensation
and
expenses,
and
removal
of
members
are
governed
28
by
chapter
69
.
Members
of
the
board
are
entitled
to
receive
29
reimbursement
of
actual
expenses
incurred
in
the
discharge
of
30
their
duties
within
the
limits
of
funds
appropriated
to
the
31
board
or
made
available
to
the
fund.
Each
member
of
the
board
32
may
also
be
eligible
to
receive
compensation
as
provided
in
33
section
7E.6
.
The
members
shall
elect
a
voting
chairperson
of
34
the
board
from
among
the
members
of
the
board.
35
2.
Department
cooperation
with
board.
The
director
of
1
the
department
of
natural
resources
shall
cooperate
with
the
2
board
in
the
implementation
of
this
part
so
as
to
minimize
3
unnecessary
duplication
of
effort,
reporting,
or
paperwork
and
4
maximize
environmental
protection.
5
3.
Rules
and
emergency
rules.
6
1.
a.
The
board
commission
shall
adopt
rules
regarding
7
its
practice
and
procedures,
develop
underwriting
standards,
8
establish
procedures
for
investigating
and
settling
claims
made
9
against
the
fund,
and
otherwise
implement
and
administer
this
10
chapter.
11
b.
Rules
necessary
for
the
implementation
and
collection
of
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the
environmental
protection
charge
shall
be
adopted.
13
c.
Rules
to
facilitate
and
encourage
the
use
of
community
14
remediation
whenever
possible
shall
be
adopted.
15
d.
The
board
commission
shall
adopt
rules
relating
to
16
appeal
procedures
which
shall
require
the
administrator
to
17
deliver
notice
of
appeal
to
be
delivered
to
the
affected
18
parties
within
fifteen
days
of
receipt
of
notice,
require
19
that
the
hearing
be
held
within
one
hundred
eighty
days
of
20
the
filing
of
the
petition
unless
good
cause
is
shown
for
21
the
delay,
and
require
that
a
final
decision
be
issued
no
22
later
than
one
hundred
twenty
days
following
the
close
of
the
23
hearing.
The
time
restrictions
in
this
paragraph
may
be
waived
24
by
mutual
agreement
of
the
parties.
25
4.
Public
bid.
26
2.
All
contracts
entered
into
by
the
board
department
,
27
including
contracts
relating
to
community
remediation,
shall
be
28
awarded
on
a
competitive
basis
to
the
maximum
extent
practical.
29
In
those
situations
where
it
is
determined
that
public
30
bidding
is
not
practical,
the
basis
for
the
determination
of
31
impracticability
shall
be
documented
by
the
board
department
or
32
its
designee.
This
subsection
applies
only
to
contracts
33
entered
into
on
or
after
July
1,
1992.
34
5.
Contract
approval.
35
3.
a.
The
board
commission
shall
approve
any
contract
1
entered
into
pursuant
to
this
chapter
if
the
cost
of
the
2
contract
exceeds
seventy-five
thousand
dollars.
3
b.
A
listing
of
all
contracts
entered
into
pursuant
to
this
4
chapter
shall
be
presented
at
each
board
commission
meeting
5
and
shall
be
made
available
to
the
public.
The
listing
shall
6
state
the
interested
parties
to
the
contract,
the
amount
of
the
7
contract,
and
the
subject
matter
of
the
contract.
8
c.
The
board
commission
shall
be
required
to
review
and
9
approve
or
disapprove
the
administrator’s
department’s
failure
10
to
approve
a
contract
under
section
455G.12A.
Review
by
the
11
board
commission
shall
not
be
required
for
cancellation
or
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replacement
of
a
contract
for
a
site
included
in
a
community
13
remediation
project
or
when
an
emergency
situation
exists.
14
6.
Reporting.
15
4.
Beginning
July
2003,
the
board
department
shall
submit
16
a
written
report
quarterly
to
the
legislative
council,
the
17
chairperson
and
ranking
member
of
the
committee
on
environment
18
and
energy
independence
in
the
senate,
and
the
chairperson
19
and
ranking
member
of
the
committee
on
environmental
20
protection
in
the
house
of
representatives
regarding
changes
21
in
the
status
of
the
program
including
but
not
limited
to
22
the
number
of
open
claims
by
claim
type;
the
number
of
new
23
claims
submitted
and
the
eligibility
status
of
each
claim;
24
a
summary
of
the
risk
classification
of
open
claims;
the
25
status
of
all
claims
at
high-risk
sites
including
the
number
26
of
corrective
action
design
reports
submitted,
approved,
and
27
implemented
during
the
reporting
period;
total
moneys
reserved
28
on
open
claims
and
total
moneys
paid
on
open
claims;
and
a
29
summary
of
budgets
approved
and
invoices
paid
for
high-risk
30
site
activities
including
a
breakdown
by
corrective
action
31
design
report,
construction
and
equipment,
implementation,
32
operation
and
maintenance,
monitoring,
over
excavation,
free
33
product
recovery,
site
reclassification,
reporting
and
other
34
expenses,
or
a
similar
breakdown.
In
each
report
submitted
35
by
the
board
department
,
the
board
department
shall
include
1
an
estimated
timeline
to
complete
corrective
action
at
all
2
currently
eligible
high-risk
sites
where
a
corrective
action
3
design
report
has
been
submitted
by
a
claimant
and
approved
4
during
the
reporting
period.
The
timeline
shall
include
the
5
projected
year
when
a
no
further
action
designation
will
be
6
obtained
based
upon
the
corrective
action
activities
approved
7
or
anticipated
at
each
claimant
site.
The
timeline
shall
be
8
broken
down
in
annual
increments
with
the
number
or
percentage
9
of
sites
projected
to
be
completed
for
each
time
period.
The
10
report
shall
identify
and
report
steps
taken
to
expedite
11
corrective
action
and
eliminate
the
state’s
liability
for
open
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claims.
13
Sec.
321.
Section
455G.5,
Code
2009,
is
amended
to
read
as
14
follows:
15
455G.5
Independent
contractors
to
be
retained
by
16
board
department
.
17
The
board
shall
administer
the
fund.
A
contract
entered
18
into
on
or
after
July
1,
1992,
to
retain
a
person
to
act
as
the
19
administrator
of
the
fund
shall
be
subject
to
public
bid.
All
20
other
contracts
to
retain
a
person
under
this
section
shall
be
21
in
compliance
with
the
public
bidding
requirements
of
section
22
455G.4,
subsection
4
.
23
The
board
department
may
enter
into
a
contract
or
an
24
agreement
authorized
under
chapter
28E
with
a
private
agency
25
or
person,
the
department
of
natural
resources,
the
Iowa
26
finance
authority,
the
department
of
administrative
services,
27
the
department
of
revenue,
other
departments,
agencies,
or
28
governmental
subdivisions
of
this
state,
another
state,
or
29
the
United
States,
in
connection
with
its
administration
and
30
implementation
of
this
chapter
or
chapter
424
or
455B.
31
The
board
department
may
reimburse
a
contractor,
public
32
or
private,
retained
pursuant
to
this
section
for
expenses
33
incurred
in
the
execution
of
a
contract
or
agreement.
34
Reimbursable
expenses
include,
by
way
of
example,
but
not
35
exclusion,
the
costs
of
collecting
the
environmental
protection
1
charge
or
administering
specific
delegated
duties
or
powers
of
2
the
board
department
.
3
Sec.
322.
Section
455G.6,
unnumbered
paragraph
1,
Code
4
Supplement
2009,
is
amended
to
read
as
follows:
5
In
administering
the
fund,
the
board
department
has
all
of
6
the
general
powers
reasonably
necessary
and
convenient
to
carry
7
out
its
purposes
and
duties
and
may
do
any
of
the
following,
8
subject
to
express
limitations
contained
in
this
chapter:
9
Sec.
323.
Section
455G.6,
subsections
1,
7,
8,
12,
15,
16,
10
and
17,
Code
Supplement
2009,
are
amended
to
read
as
follows:
11
1.
Guarantee
secured
and
unsecured
loans,
and
enter
into
12
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agreements
for
corrective
action,
acquisition
and
construction
13
of
tank
improvements,
and
provide
for
the
insurance
program.
14
The
loan
guarantees
may
be
made
to
a
person
or
entity
owning
15
or
operating
a
tank.
The
board
department
may
take
any
action
16
which
is
reasonable
and
lawful
to
protect
its
security
and
to
17
avoid
losses
from
its
loan
guarantees.
18
7.
The
board
department
may
contract
with
the
authority
19
for
the
authority
to
issue
bonds
and
do
all
things
necessary
20
with
respect
to
the
purposes
of
the
fund,
as
set
out
in
the
21
contract
between
the
board
department
and
the
authority.
22
The
board
department
may
delegate
to
the
authority
and
23
the
authority
shall
then
have
all
of
the
powers
of
the
24
board
department
which
are
necessary
to
issue
and
secure
bonds
25
and
carry
out
the
purposes
of
the
fund,
to
the
extent
provided
26
in
the
contract
between
the
board
department
and
the
authority.
27
The
authority
may
issue
the
authority’s
bonds
in
principal
28
amounts
which,
in
the
opinion
of
the
board
department
,
are
29
necessary
to
provide
sufficient
funds
for
the
fund,
the
payment
30
of
interest
on
the
bonds,
the
establishment
of
reserves
to
31
secure
the
bonds,
the
costs
of
issuance
of
the
bonds,
other
32
expenditures
of
the
authority
incident
to
and
necessary
or
33
convenient
to
carry
out
the
bond
issue
for
the
fund,
and
34
all
other
expenditures
of
the
board
department
necessary
or
35
convenient
to
administer
the
fund.
The
bonds
are
investment
1
securities
and
negotiable
instruments
within
the
meaning
of
and
2
for
purposes
of
the
uniform
commercial
code,
chapter
554.
3
8.
Bonds
issued
under
this
section
are
payable
solely
4
and
only
out
of
the
moneys,
assets,
or
revenues
of
the
fund,
5
all
of
which
may
be
deposited
with
trustees
or
depositories
6
in
accordance
with
bond
or
security
documents
and
pledged
7
by
the
board
department
to
the
payment
thereof,
and
are
not
8
an
indebtedness
of
this
state
or
the
authority,
or
a
charge
9
against
the
general
credit
or
general
fund
of
the
state
or
the
10
authority,
and
the
state
shall
not
be
liable
for
any
financial
11
undertakings
with
respect
to
the
fund.
Bonds
issued
under
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this
chapter
shall
contain
on
their
face
a
statement
that
the
13
bonds
do
not
constitute
an
indebtedness
of
the
state
or
the
14
authority.
15
12.
Bonds
must
be
authorized
by
a
trust
indenture,
16
resolution,
or
other
instrument
of
the
authority,
approved
by
17
the
board
department
.
However,
a
trust
indenture,
resolution,
18
or
other
instrument
authorizing
the
issuance
of
bonds
may
19
delegate
to
an
officer
of
the
issuer
the
power
to
negotiate
and
20
fix
the
details
of
an
issue
of
bonds.
21
15.
a.
Subject
to
the
terms
of
any
bond
documents,
moneys
22
in
the
fund
or
fund
accounts
may
be
expended
for
administration
23
expenses,
civil
penalties,
moneys
paid
under
an
agreement,
24
stipulation,
or
settlement,
for
the
costs
associated
with
sites
25
within
a
community
remediation
project,
for
costs
related
to
26
contracts
entered
into
with
a
state
agency
or
university,
costs
27
for
activities
relating
to
litigation,
or
for
the
costs
of
any
28
other
activities
as
the
board
department
may
determine
are
29
necessary
and
convenient
to
facilitate
compliance
with
and
to
30
implement
the
intent
of
federal
laws
and
regulations
and
this
31
chapter.
For
purposes
of
this
chapter
,
administration
expenses
32
include
expenses
incurred
by
the
underground
storage
tank
33
section
of
the
department
of
natural
resources
in
relation
to
34
tanks
regulated
under
this
chapter
.
35
b.
The
authority
granted
under
this
subsection
which
allows
1
the
board
department
to
expend
fund
moneys
on
an
activity
2
the
board
department
determines
is
necessary
and
convenient
3
to
facilitate
compliance
with
and
to
implement
the
intent
of
4
federal
laws
and
regulations
and
this
chapter,
shall
only
be
5
used
in
accordance
with
the
following:
6
(1)
Prior
board
department
approval
shall
be
required
7
before
expenditure
of
moneys
pursuant
to
this
authority
shall
8
be
made.
9
(2)
If
the
expenditure
of
fund
moneys
pursuant
to
this
10
authority
would
result
in
the
board
department
establishing
11
a
policy
which
would
substantially
affect
the
operation
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of
the
program,
rules
shall
be
adopted
by
the
13
commission
pursuant
to
chapter
17A
prior
to
the
board
14
or
the
administrator
department
taking
any
action
pursuant
to
15
this
proposed
policy.
16
16.
The
board
shall
cooperate
with
the
department
of
17
natural
resources
,
in
the
implementation
and
administration
18
of
this
chapter
to
,
shall
assure
that
in
combination
with
19
existing
state
statutes
and
rules
governing
underground
storage
20
tanks,
the
state
will
be,
and
continue
to
be,
recognized
by
21
the
federal
government
as
having
an
“approved
state
account”
22
under
the
federal
Resource
Conservation
and
Recovery
Act,
23
especially
by
compliance
with
the
Act’s
subtitle
I
financial
24
responsibility
requirements
as
enacted
in
the
federal
Superfund
25
Amendments
and
Reauthorization
Act
of
1986
and
the
financial
26
responsibility
regulations
adopted
by
the
United
States
27
environmental
protection
agency
at
40
C.F.R.
pts.
280
and
281.
28
Whenever
possible
this
chapter
shall
be
interpreted
to
further
29
the
purposes
of,
and
to
comply,
and
not
to
conflict,
with
such
30
federal
requirements.
31
17.
The
board
commission
may
adopt
rules
pursuant
to
32
chapter
17A
providing
for
the
transfer
of
all
or
a
portion
33
of
the
liabilities
of
the
board
department
under
this
34
chapter.
Notwithstanding
other
provisions
to
the
contrary,
35
the
board
department
,
upon
such
transfer,
shall
not
maintain
1
any
duty
to
reimburse
claimants
under
this
chapter
for
those
2
liabilities
transferred.
3
Sec.
324.
Section
455G.7,
subsection
1,
unnumbered
4
paragraph
1,
Code
Supplement
2009,
is
amended
to
read
as
5
follows:
6
For
the
purpose
of
securing
one
or
more
issues
of
bonds
7
for
the
fund,
the
authority,
with
the
approval
of
the
8
board
department
,
may
authorize
the
establishment
of
one
9
or
more
special
funds,
called
“capital
reserve
funds”
.
The
10
authority
may
pay
into
the
capital
reserve
funds
the
proceeds
11
of
the
sale
of
its
bonds
and
other
money
which
may
be
made
12
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_____
available
to
the
authority
from
other
sources
for
the
purposes
13
of
the
capital
reserve
funds.
Except
as
provided
in
this
14
section,
money
in
a
capital
reserve
fund
shall
be
used
only
as
15
required
for
any
of
the
following:
16
Sec.
325.
Section
455G.8,
unnumbered
paragraph
1,
Code
17
2009,
is
amended
to
read
as
follows:
18
Revenue
for
the
fund
shall
include
,
but
is
not
limited
19
to
,
the
following,
which
shall
be
deposited
with
the
20
board
department
or
its
designee
as
provided
by
any
bond
or
21
security
documents
and
credited
to
the
fund:
22
Sec.
326.
Section
455G.8,
subsection
2,
Code
2009,
is
23
amended
to
read
as
follows:
24
2.
Statutory
allocations
fund.
The
moneys
credited
from
the
25
statutory
allocations
fund
under
section
321.145,
subsection
26
2,
paragraph
“a”
,
shall
be
allocated,
consistent
with
this
27
chapter,
among
the
fund’s
accounts,
for
debt
service
and
other
28
fund
expenses,
according
to
the
fund
budget,
resolution,
29
trust
agreement,
or
other
instrument
prepared
or
entered
into
30
by
the
board
department
or
authority
under
direction
of
the
31
board
department
.
32
Sec.
327.
Section
455G.9,
subsection
1,
paragraph
a,
33
subparagraph
(1),
unnumbered
paragraph
1,
Code
2009,
is
amended
34
to
read
as
follows:
35
Corrective
action
for
an
eligible
release
reported
to
the
1
department
of
natural
resources
on
or
after
July
1,
1987,
but
2
prior
to
May
5,
1989.
Third-party
liability
is
specifically
3
excluded
from
remedial
account
coverage.
For
a
claim
for
a
4
release
under
this
subparagraph,
the
remedial
program
shall
pay
5
in
accordance
with
subsection
4.
For
a
release
to
be
eligible
6
for
coverage
under
this
subparagraph
the
following
conditions
7
must
be
satisfied:
8
Sec.
328.
Section
455G.9,
subsection
1,
paragraph
a,
9
subparagraph
(1),
subparagraph
division
(c),
Code
2009,
is
10
amended
to
read
as
follows:
11
(c)
The
claim
for
coverage
pursuant
to
this
subparagraph
12
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must
have
been
filed
with
the
board
department
prior
to
January
13
31,
1990,
except
that
cities
and
counties
must
have
filed
their
14
claim
with
the
board
by
September
1,
1990.
15
Sec.
329.
Section
455G.9,
subsection
1,
paragraph
a,
16
subparagraph
(1),
subparagraph
division
(d),
Code
2009,
is
17
amended
to
read
as
follows:
18
(d)
The
owner
or
operator
at
the
time
the
release
was
19
reported
to
the
department
of
natural
resources
must
have
been
20
in
compliance
with
then
current
monitoring
requirements,
if
21
any,
or
must
have
been
in
the
process
of
compliance
efforts
22
with
anticipated
requirements,
including
installation
of
23
monitoring
devices,
a
new
tank,
tank
improvements
or
retrofit,
24
or
any
combination.
25
Sec.
330.
Section
455G.9,
subsection
1,
paragraph
a,
26
subparagraph
(2),
Code
2009,
is
amended
to
read
as
follows:
27
(2)
Corrective
action,
up
to
one
million
dollars
total,
28
and
subject
to
prioritization
rules
as
established
pursuant
to
29
section
455G.12A,
for
a
release
reported
to
the
department
of
30
natural
resources
after
May
5,
1989,
and
on
or
before
October
31
26,
1990.
Third-party
liability
is
specifically
excluded
32
from
remedial
account
coverage.
Corrective
action
coverage
33
provided
pursuant
to
this
paragraph
may
be
aggregated
with
34
other
financial
assurance
mechanisms
as
permitted
by
federal
35
law
to
satisfy
required
aggregate
and
per
occurrence
limits
1
of
financial
responsibility
for
both
corrective
action
and
2
third-party
liability,
if
the
owner’s
or
operator’s
effective
3
financial
responsibility
compliance
date
is
prior
to
October
4
26,
1990.
School
districts
who
reported
a
release
to
the
5
department
of
natural
resources
prior
to
December
1,
1990,
6
shall
have
until
July
1,
1991,
to
report
a
claim
to
the
7
board
for
remedial
coverage
under
this
subparagraph.
8
Sec.
331.
Section
455G.9,
subsection
1,
paragraph
a,
9
subparagraph
(3),
unnumbered
paragraph
1,
Code
2009,
is
amended
10
to
read
as
follows:
11
Corrective
action
for
an
eligible
release
reported
to
12
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_____
the
department
of
natural
resources
on
or
after
January
1,
13
1984,
but
prior
to
July
1,
1987.
Third-party
liability
is
14
specifically
excluded
from
remedial
account
coverage.
For
15
a
claim
for
a
release
under
this
subparagraph,
the
remedial
16
program
shall
pay
in
accordance
with
subsection
4.
For
a
17
release
to
be
eligible
for
coverage
under
this
subparagraph
the
18
following
conditions
must
be
satisfied:
19
Sec.
332.
Section
455G.9,
subsection
1,
paragraph
a,
20
subparagraph
(3),
subparagraph
division
(d),
Code
2009,
is
21
amended
to
read
as
follows:
22
(d)
The
claim
for
coverage
pursuant
to
this
subparagraph
23
must
have
been
filed
with
the
board
prior
to
September
1,
1990.
24
Sec.
333.
Section
455G.9,
subsection
1,
paragraph
a,
25
subparagraph
(3),
subparagraph
division
(e),
Code
2009,
is
26
amended
to
read
as
follows:
27
(e)
The
owner
or
operator
at
the
time
the
release
was
28
reported
to
the
department
of
natural
resources
must
have
been
29
in
compliance
with
then
current
monitoring
requirements,
if
30
any,
or
must
have
been
in
the
process
of
compliance
efforts
31
with
anticipated
requirements,
including
installation
of
32
monitoring
devices,
a
new
tank,
tank
improvements
or
retrofit,
33
or
any
combination.
34
Sec.
334.
Section
455G.9,
subsection
1,
paragraph
a,
1
subparagraph
(4),
Code
2009,
is
amended
to
read
as
follows:
2
(4)
One
hundred
percent
of
the
costs
of
corrective
3
action
for
a
release
reported
to
the
department
of
natural
4
resources
on
or
before
July
1,
1991,
if
the
owner
or
operator
5
is
not
a
governmental
entity
and
is
a
not-for-profit
6
organization
exempt
from
federal
income
taxation
under
section
7
501(c)(3)
of
the
Internal
Revenue
Code
with
a
net
annual
income
8
of
twenty-five
thousand
dollars
or
less
for
the
year
1990,
and
9
if
the
tank
which
is
the
subject
of
the
corrective
action
is
a
10
registered
tank
and
is
under
one
thousand
one
hundred
gallons
11
capacity.
12
Sec.
335.
Section
455G.9,
subsection
1,
paragraphs
b,
c,
e,
13
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_____
and
f,
Code
2009,
are
amended
to
read
as
follows:
14
b.
Corrective
action
and
third-party
liability
for
a
15
release
discovered
on
or
after
January
24,
1989,
for
which
a
16
responsible
owner
or
operator
able
to
pay
cannot
be
found
and
17
for
which
the
federal
underground
storage
tank
trust
fund
or
18
other
federal
moneys
do
not
provide
coverage.
For
the
purposes
19
of
this
section
property
shall
not
be
deeded
or
quitclaimed
20
to
the
state
or
board
department
in
lieu
of
cleanup.
21
Additionally,
the
ability
to
pay
shall
be
determined
after
a
22
claim
has
been
filed.
The
board
department
is
not
liable
for
23
any
cost
where
either
the
responsible
owner
or
operator,
or
24
both,
have
a
net
worth
greater
than
fifteen
thousand
dollars,
25
or
where
the
responsible
party
can
be
determined.
Third-party
26
liability
specifically
excludes
any
claim,
cause
of
action,
27
or
suit,
for
personal
injury
including
,
but
not
limited
28
to
,
loss
of
use
or
of
private
enjoyment,
mental
anguish,
29
false
imprisonment,
wrongful
entry
or
eviction,
humiliation,
30
discrimination,
or
malicious
prosecution.
31
c.
Corrective
action
and
third-party
liability
for
a
tank
32
owned
or
operated
by
a
financial
institution
eligible
to
33
participate
in
the
remedial
account
under
section
455G.16
if
34
the
prior
owner
or
operator
is
unable
to
pay,
if
so
authorized
35
by
the
board
department
as
part
of
a
condition
or
incentive
1
for
financial
institution
participation
in
the
fund
pursuant
2
to
section
455G.16.
Third-party
liability
specifically
3
excludes
any
claim,
cause
of
action,
or
suit,
for
personal
4
injury
including
,
but
not
limited
to
,
loss
of
use
or
of
5
private
enjoyment,
mental
anguish,
false
imprisonment,
wrongful
6
entry
or
eviction,
humiliation,
discrimination,
or
malicious
7
prosecution.
8
e.
Corrective
action
for
a
release
reported
to
the
9
department
of
natural
resources
after
May
5,
1989,
and
on
10
or
before
October
26,
1990,
in
connection
with
a
tank
owned
11
or
operated
by
a
state
agency
or
department
which
elects
to
12
participate
in
the
remedial
account
pursuant
to
this
paragraph.
13
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A
state
agency
or
department
which
does
not
receive
a
standing
14
unlimited
appropriation
which
may
be
used
to
pay
for
the
15
costs
of
a
corrective
action
may
opt,
with
the
approval
of
16
the
board
department
,
to
participate
in
the
remedial
account.
17
As
a
condition
of
opting
to
participate
in
the
remedial
18
account,
the
agency
or
department
shall
pay
all
registration
19
fees,
storage
tank
management
fees,
environmental
protection
20
charges,
and
all
other
charges
and
fees
upon
all
tanks
owned
21
or
operated
by
the
agency
or
department
in
the
same
manner
22
as
if
the
agency
or
department
were
a
person
required
to
23
maintain
financial
responsibility.
Once
an
agency
has
opted
24
to
participate
in
the
remedial
program,
it
cannot
opt
out,
25
and
shall
continue
to
pay
all
charges
and
fees
upon
all
tanks
26
owned
or
operated
by
the
agency
or
department
so
long
as
the
27
charges
or
fees
are
imposed
on
similarly
situated
tanks
of
a
28
person
required
to
maintain
financial
responsibility.
The
29
board
commission
shall
by
rule
adopted
pursuant
to
chapter
30
17A
provide
the
terms
and
conditions
for
a
state
agency
or
31
department
to
opt
to
participate
in
the
remedial
account.
A
32
state
agency
or
department
which
opts
to
participate
in
the
33
remedial
account
shall
be
subject
to
the
minimum
copayment
34
schedule
of
subsection
4,
as
if
the
state
agency
or
department
35
were
a
person
required
to
maintain
financial
responsibility.
1
f.
One
hundred
percent
of
the
costs
up
to
twenty
thousand
2
dollars
incurred
by
the
board
department
under
section
3
455G.12A,
subsection
2,
unnumbered
paragraph
2,
for
site
4
cleanup
reports.
Costs
of
a
site
cleanup
report
which
5
exceed
twenty
thousand
dollars
shall
be
considered
a
cost
of
6
corrective
action
and
the
amount
shall
be
included
in
the
7
calculations
for
corrective
action
cost
copayments
under
8
subsection
4.
The
board
department
shall
have
the
discretion
9
to
authorize
a
site
cleanup
report
payment
in
excess
of
twenty
10
thousand
dollars
if
the
site
is
participating
in
community
11
remediation.
12
Sec.
336.
Section
455G.9,
subsection
1,
paragraph
g,
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subparagraph
(4),
Code
2009,
is
amended
to
read
as
follows:
14
(4)
The
release
was
reported
to
the
board
by
October
26,
15
1991.
16
Sec.
337.
Section
455G.9,
subsection
1,
paragraphs
i,
k,
and
17
l,
Code
2009,
are
amended
to
read
as
follows:
18
i.
Notwithstanding
section
455G.1,
subsection
2,
corrective
19
action,
for
a
release
which
was
tested
prior
to
October
26,
20
1990,
and
for
which
the
site
was
issued
a
no-further-action
21
letter
by
the
department
of
natural
resources
and
which
was
22
later
determined,
due
to
sale
of
the
property
or
removal
of
a
23
nonoperating
tank,
to
require
remediation
which
was
reported
24
to
the
administrator
by
October
26,
1992,
in
an
amount
as
25
specified
in
subsection
4.
In
order
to
qualify
for
benefits
26
under
this
paragraph,
the
applicant
must
not
have
operated
a
27
tank
on
the
property
during
the
period
of
time
for
which
the
28
applicant
owned
the
property
and
the
applicant
must
not
be
a
29
financial
institution.
30
k.
Pursuant
to
an
agreement
between
the
board
and
the
31
department
of
natural
resources,
assessment
Assessment
and
32
corrective
action
arising
out
of
releases
at
sites
for
which
33
a
no
further
action
certificate
has
been
issued
pursuant
to
34
section
455B.474,
when
the
department
determines
that
an
35
unreasonable
risk
to
public
health
and
safety
may
still
exist.
1
At
a
minimum,
the
agreement
shall
address
eligible
costs,
2
contracting
for
services,
and
conditions
under
which
sites
may
3
be
reevaluated.
4
l.
Costs
for
the
permanent
closure
of
an
underground
storage
5
tank
system
that
was
in
place
on
the
date
an
eligible
claim
6
was
submitted
under
paragraph
“a”
.
Reimbursement
is
limited
7
to
costs
approved
by
the
board
department
prior
to
the
closure
8
activities.
9
Sec.
338.
Section
455G.9,
subsections
2,
3,
5,
7,
and
10,
10
Code
2009,
are
amended
to
read
as
follows:
11
2.
Remedial
account
funding.
The
remedial
account
12
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
14
moneys
and
revenues
budgeted
to
the
remedial
account
by
the
15
board
department
.
16
3.
Trust
fund
to
be
established.
When
the
remedial
account
17
has
accumulated
sufficient
capital
to
provide
dependable
18
income
to
cover
the
expenses
of
expected
future
releases
or
19
expected
future
losses
for
which
no
responsible
owner
is
20
available,
the
excess
capital
shall
be
transferred
to
a
trust
21
fund
administered
by
the
board
department
and
created
for
that
22
purpose.
23
5.
Recovery
of
gain
on
sale
of
property.
If
an
owner
24
or
operator
ceases
to
own
or
operate
a
tank
site
for
which
25
remedial
account
benefits
were
received
within
ten
years
of
26
the
receipt
of
any
account
benefit
and
sells
or
transfers
a
27
property
interest
in
the
tank
site
for
an
amount
which
exceeds
28
one
hundred
twenty
percent
of
the
precorrective
action
value,
29
adjusted
for
equipment
and
capital
improvements,
the
owner
or
30
operator
shall
refund
to
the
remedial
account
an
amount
equal
31
to
ninety
percent
of
the
amount
in
excess
of
one
hundred
twenty
32
percent
of
the
precorrective
action
value
up
to
a
maximum
of
33
the
expenses
incurred
by
the
remedial
account
associated
with
34
the
tank
site
plus
interest,
equal
to
the
interest
for
the
35
most
recent
twelve-month
period
for
the
most
recent
bond
issue
1
for
the
fund,
on
the
expenses
incurred,
compounded
annually.
2
An
owner
or
operator
under
this
subsection
shall
notify
the
3
board
department
of
the
sale
or
transfer
of
the
property
4
interest
in
the
tank
site.
Expenses
incurred
by
the
fund
are
a
5
lien
upon
the
property
recordable
and
collectible
in
the
same
6
manner
as
the
lien
provided
for
in
section
424.11
at
the
time
7
of
sale
or
transfer,
subject
to
the
terms
of
this
section.
8
This
subsection
shall
not
apply
if
the
sale
or
transfer
9
is
pursuant
to
a
power
of
eminent
domain,
or
benefits.
When
10
federal
cleanup
funds
are
recovered,
the
funds
are
to
be
11
deposited
to
the
remedial
account
of
the
fund
and
used
solely
12
for
the
purpose
of
future
cleanup
activities.
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7.
Expenses
of
cleanup
not
required.
When
an
owner
or
14
operator
who
is
eligible
for
benefits
under
this
chapter
is
15
allowed
by
the
department
of
natural
resources
to
monitor
in
16
place,
the
expenses
incurred
for
cleanup
beyond
the
level
17
required
by
the
department
of
natural
resources
are
not
covered
18
under
any
of
the
accounts
established
under
the
fund.
The
19
cleanup
expenses
incurred
for
work
completed
beyond
what
is
20
required
is
the
responsibility
of
the
person
contracting
for
21
the
excess
cleanup.
22
10.
Expenses
incurred
by
governmental
subdivisions.
The
23
board
commission
may
adopt
rules
for
reimbursement
for
24
reasonable
expenses
incurred
by
a
governmental
subdivision
25
for
treating,
handling,
or
disposing,
as
required
by
the
26
department,
of
petroleum-contaminated
soil
and
groundwater
27
encountered
in
a
public
right-of-way
during
installation,
28
maintenance,
or
repair
of
a
public
improvement.
The
29
board
department
may
seek
full
recovery
from
a
responsible
30
party
liable
for
the
release
for
such
expenses
and
for
31
all
other
costs
and
reasonable
attorney
fees
and
costs
of
32
litigation
for
which
moneys
are
expended
by
the
fund.
Any
33
expense
described
in
this
subsection
incurred
by
the
fund
34
constitutes
a
lien
upon
the
property
from
which
the
release
35
occurred.
A
lien
shall
be
recorded
and
an
expense
shall
be
1
collected
in
the
same
manner
as
provided
in
section
424.11.
2
Sec.
339.
Section
455G.12,
Code
2009,
is
amended
to
read
as
3
follows:
4
455G.12
Board
Commission
authority
for
prioritization.
5
If
the
board
commission
determines
that,
within
the
realm
6
of
sound
business
judgment
and
practice,
prioritization
of
7
assistance
is
necessary
in
light
of
funds
available
for
loan
8
guarantees
or
insurance
coverage,
the
board
commission
may
9
develop
rules
for
assistance
or
coverage
prioritization
based
10
upon
adherence
or
planned
adherence
of
the
owner
or
operator
11
to
higher
than
minimum
environmental
protection
and
safety
12
compliance
considerations.
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Prior
to
the
adoption
of
prioritization
rules,
the
14
board
commission
shall
at
minimum
review
the
following
issues:
15
1.
The
positive
environmental
impact
of
assistance
16
prioritization.
17
2.
The
economic
feasibility,
including
the
availability
of
18
private
financing,
for
an
owner
or
operator
to
obtain
priority
19
status.
20
3.
Any
negative
impact
on
Iowa’s
rural
petroleum
21
distribution
network
which
could
result
from
prioritization.
22
4.
Any
similar
prioritization
systems
in
use
by
the
private
23
financing
or
insurance
markets
in
this
state,
including
terms,
24
conditions,
or
exclusions.
25
5.
The
intent
of
this
chapter
that
the
board
commission
26
shall
maximize
the
availability
of
reasonably
priced,
27
financially
sound
insurance
coverage
or
loan
guarantee
28
assistance.
29
Sec.
340.
Section
455G.12A,
Code
2009,
is
amended
to
read
30
as
follows:
31
455G.12A
Cost
containment
authority.
32
1.
Validity
of
contracts.
A
contract
in
which
one
of
the
33
parties
to
the
contract
is
an
owner
or
operator
of
a
petroleum
34
underground
storage
tank,
for
goods
or
services
which
may
be
35
payable
or
reimbursable
from
the
fund,
is
invalid
unless
and
1
until
the
administrator
department
has
approved
the
contract
2
as
fair
and
equitable
to
the
tank
owner
or
operator,
and
found
3
that
the
contract
terms
are
within
the
range
of
usual
and
4
customary
rates
for
similar
or
equivalent
goods
or
services
5
within
the
state,
and
found
that
the
goods
or
services
are
6
necessary
for
the
owner
or
operator
to
comply
with
fund
or
7
regulatory
standards.
An
owner
or
operator
may
appoint
the
8
administrator
department
as
an
agent
for
the
purposes
of
9
negotiating
contracts
with
suppliers
of
goods
or
services
10
compensable
by
the
fund.
The
administrator
department
may
11
select
another
contractor
for
goods
or
services
other
than
12
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
14
reflect
the
quality
of
workmanship
required,
or
the
costs
are
15
determined
to
be
excessive.
16
2.
Contract
approval.
In
the
course
of
review
and
17
approval
of
a
contract
pursuant
to
this
section,
the
18
administrator
department
may
require
an
owner
or
operator
19
to
obtain
and
submit
three
bids,
provided
that
the
20
administrator
department
coordinates
bid
submission
with
the
21
department.
The
administrator
department
may
require
specific
22
terms
and
conditions
in
a
contract
subject
to
approval.
23
The
board
department
shall
have
authority
to
contract
for
24
site
cleanup
reports.
The
board’s
department’s
responsibility
25
for
site
cleanup
reports
is
limited
to
those
site
cleanup
26
reports
subject
to
approval
by
the
department
of
natural
27
resources
and
required
in
connection
with
the
remediation
of
a
28
release
which
is
eligible
for
benefits
under
section
455G.9.
29
The
site
cleanup
report
shall
address
existing
and
available
30
remedial
technologies
and
the
costs
associated
with
the
use
31
of
each
technology.
The
board
department
shall
not
have
the
32
authority
to
affect
a
contract
which
has
been
given
written
33
approval
under
this
section.
34
3.
Exclusive
contracts.
The
administrator
department
may
35
enter
into
a
contract
or
an
exclusive
contract
with
the
1
supplier
of
goods
or
services
required
by
a
class
of
tank
2
owners
or
operators
in
connection
with
an
expense
payable
or
3
reimbursable
from
the
fund,
to
supply
a
specified
good
or
4
service
for
a
gross
maximum
price,
fixed
rate,
on
an
exclusive
5
basis,
or
subject
to
another
contract
term
or
condition
6
reasonably
calculated
to
obtain
goods
or
services
for
the
7
fund
or
for
tank
owners
and
operators
at
a
reasonable
cost.
8
A
contract
may
provide
for
direct
payment
from
the
fund
to
a
9
supplier.
10
The
administrator
department
may
retain
,
subject
to
board
11
approval,
an
independent
person
to
assist
in
the
review
of
work
12
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
14
goods
and
services
needed.
Nothing
in
this
section
is
intended
15
to
preempt
the
regulatory
authority
of
the
department.
16
4.
Prior
approval
by
administrator
department
.
Unless
17
emergency
conditions
exist,
a
contractor
performing
services
18
pursuant
to
this
section
shall
have
the
budget
for
the
19
work
approved
by
the
administrator
department
prior
to
20
commencement
of
the
work.
No
expense
incurred
which
21
is
above
the
budgeted
amount
shall
be
paid
unless
the
22
administrator
department
approves
such
expense
prior
to
its
23
being
incurred.
All
invoices
or
bills
shall
be
submitted
24
with
appropriate
documentation
as
deemed
necessary
by
the
25
board
department
,
no
later
than
thirty
days
after
the
work
has
26
been
performed.
Neither
the
board
department
nor
an
owner
or
27
operator
is
responsible
for
payment
for
work
incurred
which
has
28
not
been
previously
approved
by
the
board
department
.
29
Sec.
341.
Section
455G.13,
subsection
1,
Code
2009,
is
30
amended
to
read
as
follows:
31
1.
Full
recovery
sought
from
owner.
The
board
department
32
shall
seek
full
recovery
from
the
owner,
operator,
or
other
33
potentially
responsible
party
liable
for
the
released
petroleum
34
which
is
the
subject
of
a
corrective
action,
for
which
the
fund
35
expends
moneys
for
corrective
action
or
third-party
liability,
1
and
for
all
other
costs,
including
reasonable
attorney
fees
and
2
costs
of
litigation
for
which
moneys
are
expended
by
the
fund
3
in
connection
with
the
release.
When
federal
cleanup
funds
4
are
recovered,
the
funds
are
to
be
deposited
to
the
remedial
5
account
of
the
fund
and
used
solely
for
the
purpose
of
future
6
cleanup
activities.
7
Sec.
342.
Section
455G.13,
subsection
2,
paragraph
a,
Code
8
2009,
is
amended
to
read
as
follows:
9
a.
The
board
or
the
department
of
natural
resources
shall
10
not
seek
recovery
for
expenses
in
connection
with
corrective
11
action
for
a
release
from
an
owner
or
operator
eligible
for
12
assistance
under
the
remedial
account
except
for
any
unpaid
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portion
of
the
deductible
or
copayment.
This
section
does
14
not
affect
any
authorization
of
the
department
of
natural
15
resources
to
impose
or
collect
civil
or
administrative
fines
16
or
penalties
or
fees.
The
remedial
account
shall
not
be
held
17
liable
for
any
third-party
liability.
18
Sec.
343.
Section
455G.13,
subsection
3,
Code
2009,
is
19
amended
to
read
as
follows:
20
3.
Owner
or
operator
not
in
compliance,
subject
to
full
21
and
total
cost
recovery.
Notwithstanding
subsection
2,
the
22
liability
of
an
owner
or
operator
shall
be
the
full
and
total
23
costs
of
corrective
action
and
bodily
injury
or
property
damage
24
to
third
parties,
as
specified
in
subsection
1,
if
the
owner
25
or
operator
has
not
complied
with
the
financial
responsibility
26
or
other
underground
storage
tank
rules
requirements
of
the
27
department
of
natural
resources
or
with
this
chapter
and
rules
28
adopted
under
this
chapter.
29
Sec.
344.
Section
455G.13,
subsection
4,
paragraph
a,
Code
30
2009,
is
amended
to
read
as
follows:
31
a.
Failed,
without
sufficient
cause,
to
respond
to
a
release
32
of
petroleum
from
the
tank
upon,
or
in
accordance
with,
a
33
notice
issued
by
the
director
of
the
department
of
natural
34
resources
.
35
Sec.
345.
Section
455G.13,
subsections
5,
6,
8,
9,
10,
and
1
12,
Code
2009,
are
amended
to
read
as
follows:
2
5.
Lien
on
tank
site.
Any
amount
for
which
an
owner
or
3
operator
is
liable
to
the
fund,
if
not
paid
when
due,
by
4
statute,
rule,
or
contract,
or
determination
of
liability
by
5
the
board
or
department
of
natural
resources
after
hearing,
6
shall
constitute
a
lien
upon
the
real
property
where
the
tank,
7
which
was
the
subject
of
corrective
action,
is
situated,
and
8
the
liability
shall
be
collected
in
the
same
manner
as
the
9
environmental
protection
charge
pursuant
to
section
424.11.
10
6.
Joinder
of
parties.
The
department
of
natural
11
resources
has
standing
in
any
case
or
contested
action
related
12
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
14
action,
upon
motion
and
sufficient
showing
by
a
party
to
a
cost
15
recovery
or
subrogation
action
provided
for
under
this
section,
16
the
court
or
the
administrative
law
judge
shall
join
to
the
17
action
any
potentially
responsible
party
who
may
be
liable
for
18
costs
and
expenditures
of
the
type
recoverable
pursuant
to
this
19
section.
20
8.
Third-party
contracts
not
binding
on
board
department
,
21
proceedings
against
responsible
party.
An
insurance,
22
indemnification,
hold
harmless,
conveyance,
or
similar
23
risk-sharing
or
risk-shifting
agreement
shall
not
be
effective
24
to
transfer
any
liability
for
costs
recoverable
under
25
this
section.
The
fund
,
board,
or
department
of
natural
26
resources
may
proceed
directly
against
the
owner
or
operator
or
27
other
allegedly
responsible
party.
This
section
does
not
bar
28
any
agreement
to
insure,
hold
harmless,
or
indemnify
a
party
to
29
the
agreement
for
any
costs
or
expenditures
under
this
chapter,
30
and
does
not
modify
rights
between
the
parties
to
an
agreement,
31
except
to
the
extent
the
agreement
shifts
liability
to
an
32
owner
or
operator
eligible
for
assistance
under
the
remedial
33
account
for
any
damages
or
other
expenses
in
connection
with
34
a
corrective
action
for
which
another
potentially
responsible
35
party
is
or
may
be
liable.
Any
such
provision
is
null
and
void
1
and
of
no
force
or
effect.
2
9.
Later
proceedings
permitted
against
other
parties.
The
3
entry
of
judgment
against
a
party
to
the
action
does
not
bar
4
a
future
action
by
the
board
or
the
department
of
natural
5
resources
against
another
person
who
is
later
alleged
to
be
6
or
discovered
to
be
liable
for
costs
and
expenditures
paid
by
7
the
fund.
Notwithstanding
section
668.5
no
other
potentially
8
responsible
party
may
seek
contribution
or
any
other
recovery
9
from
an
owner
or
operator
eligible
for
assistance
under
the
10
remedial
account
for
damages
or
other
expenses
in
connection
11
with
corrective
action
for
a
release
for
which
the
potentially
12
responsible
party
is
or
may
be
liable.
Subsequent
successful
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proceedings
against
another
party
shall
not
modify
or
reduce
14
the
liability
of
a
party
against
whom
judgment
has
been
15
previously
entered.
16
10.
Claims
against
potentially
responsible
parties.
Upon
17
payment
by
the
fund
for
corrective
action
or
third-party
18
liability
pursuant
to
this
chapter,
the
rights
of
the
claimant
19
to
recover
payment
from
any
potentially
responsible
party,
are
20
assumed
by
the
board
department
to
the
extent
paid
by
the
fund.
21
A
claimant
is
precluded
from
receiving
double
compensation
for
22
the
same
injury.
23
In
an
action
brought
pursuant
to
this
chapter
seeking
24
damages
for
corrective
action
or
third-party
liability,
the
25
court
shall
permit
evidence
and
argument
as
to
the
replacement
26
or
indemnification
of
actual
economic
losses
incurred
or
to
be
27
incurred
in
the
future
by
the
claimant
by
reason
of
insurance
28
benefits,
governmental
benefits
or
programs,
or
from
any
other
29
source.
30
A
claimant
may
elect
to
permit
the
board
department
to
pursue
31
the
claimant’s
cause
of
action
for
any
injury
not
compensated
32
by
the
fund
against
any
potentially
responsible
party,
provided
33
the
attorney
general
determines
such
representation
would
34
not
be
a
conflict
of
interest.
If
a
claimant
so
elects,
the
35
board’s
department’s
litigation
expenses
shall
be
shared
on
a
1
pro
rata
basis
with
the
claimant,
but
the
claimant’s
share
of
2
litigation
expenses
is
payable
exclusively
from
any
share
of
3
the
settlement
or
judgment
payable
to
the
claimant.
4
12.
Recovery
or
subrogation
——
installers
and
5
inspectors.
Notwithstanding
any
other
provision
contained
in
6
this
chapter,
the
board
department
or
a
person
insured
under
7
the
underground
storage
tank
insurance
fund
established
in
8
section
455G.11,
Code
2003,
has
no
right
of
recovery
or
right
9
of
subrogation
against
an
installer
or
an
inspector
who
was
10
insured
by
the
underground
storage
tank
insurance
fund
for
the
11
tank
giving
rise
to
the
liability
other
than
for
recovery
of
12
any
deductibles
paid.
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Sec.
346.
Section
455G.16,
unnumbered
paragraph
1,
Code
14
2009,
is
amended
to
read
as
follows:
15
The
board
department
may
impose
conditions
on
the
16
participation
of
a
financial
institution
in
the
fund.
17
Conditions
shall
be
reasonably
intended
to
increase
the
18
quantity
of
private
capital
available
for
loans
to
tank
owners
19
or
operators
who
are
small
businesses
within
the
meaning
of
20
section
455G.2.
Additionally,
the
board
department
may
offer
21
incentives
to
financial
institutions
meeting
conditions
imposed
22
by
the
board
department
.
Incentives
may
include
extended
23
fund
coverage
of
corrective
action
or
third-party
liability
24
expenses,
waiver
of
copayment
or
deductible
requirements,
or
25
other
benefits
not
offered
to
other
participants,
if
reasonably
26
intended
to
increase
the
quantity
of
private
capital
available
27
for
loans
by
an
amount
greater
than
the
increased
costs
of
the
28
incentives
to
the
fund.
29
Sec.
347.
Section
455G.20,
Code
2009,
is
amended
to
read
as
30
follows:
31
455G.20
Final
approval.
32
Notwithstanding
any
other
provision
to
the
contrary,
the
33
department
of
natural
resources
shall
have
final
approval
for
a
34
determination
as
to
when
remediation
shall
begin
on
a
site.
35
Sec.
348.
Section
455G.21,
subsection
1,
Code
2009,
is
1
amended
to
read
as
follows:
2
1.
A
marketability
fund
is
created
as
a
separate
fund
in
3
the
state
treasury
under
the
control
of
the
board
department
.
4
The
board
department
shall
administer
the
marketability
5
fund.
Notwithstanding
section
8.33,
moneys
remaining
in
6
the
marketability
fund
at
the
end
of
each
fiscal
year
shall
7
not
revert
to
the
general
fund
but
shall
remain
in
the
8
marketability
fund.
The
marketability
fund
shall
include,
9
notwithstanding
section
12C.7,
interest
earned
by
the
10
marketability
fund
or
other
income
specifically
allocated
to
11
the
marketability
fund.
12
Sec.
349.
Section
455G.21,
subsection
2,
paragraph
a,
Code
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2009,
is
amended
to
read
as
follows:
14
a.
The
innocent
landowners
fund
shall
be
established
as
a
15
separate
fund
in
the
state
treasury
under
the
control
of
the
16
board
department
.
The
innocent
landowners
fund
shall
include
17
any
moneys
recovered
pursuant
to
cost
recovery
enforcement
18
under
section
455G.13.
Notwithstanding
section
455G.1,
19
subsection
2,
benefits
for
the
costs
of
corrective
action
may
20
be
provided
to
the
owner
of
a
petroleum-contaminated
property,
21
or
an
owner
or
operator
of
an
underground
storage
tank
located
22
on
the
property,
who
is
not
otherwise
eligible
to
receive
23
benefits
under
section
455G.9
due
to
the
date
on
which
the
24
release
causing
the
contamination
was
reported
or
the
date
25
the
claim
was
filed.
An
owner
of
a
petroleum-contaminated
26
property,
or
an
owner
or
operator
of
an
underground
storage
27
tank
located
on
the
property,
shall
be
eligible
for
payment
28
of
corrective
action
costs
subject
to
copayment
requirements
29
under
section
455G.9,
subsection
4.
The
board
commission
may
30
adopt
rules
conditioning
receipt
of
benefits
under
this
31
paragraph
to
those
petroleum-contaminated
properties
which
32
present
a
higher
degree
of
risk
to
the
public
health
and
33
safety
or
the
environment
and
may
adopt
rules
providing
for
34
denial
of
benefits
under
this
paragraph
to
a
person
who
did
35
not
make
a
good
faith
attempt
to
comply
with
the
provisions
of
1
this
chapter.
This
paragraph
does
not
confer
a
legal
right
2
to
an
owner
of
petroleum-contaminated
property,
or
an
owner
3
or
operator
of
an
underground
storage
tank
located
on
the
4
property,
for
receipt
of
benefits
under
this
paragraph.
5
Sec.
350.
TRANSITION
PROVISIONS.
6
1.
This
division
of
this
Act
and
the
transfer
of
7
administrative
duties
to
the
department
of
natural
resources
8
shall
not
constitute
grounds
for
recision
or
modification
9
of
any
contracts
entered
into
by
or
on
behalf
of
the
Iowa
10
comprehensive
petroleum
underground
storage
tank
fund
board.
11
2.
Any
rule,
regulation,
form,
order,
or
directive
12
promulgated
by
the
Iowa
comprehensive
petroleum
underground
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storage
tank
fund
board
and
in
effect
on
the
effective
date
14
of
this
division
of
this
Act
shall
continue
in
full
force
and
15
effect
until
amended,
repealed,
or
supplemented
by
affirmative
16
action
of
the
environmental
protection
commission
under
the
17
duties
and
powers
of
the
commission
as
established
in
this
18
division
of
this
Act
and
under
the
procedure
established
in
19
subsection
3.
20
Any
license
or
permit
issued
by
Iowa
comprehensive
petroleum
21
underground
storage
tank
fund
board
and
in
effect
on
the
22
effective
date
of
this
division
of
this
Act
shall
continue
in
23
full
force
and
effect
until
expiration
or
renewal.
24
3.
In
regard
to
updating
references
and
format
in
the
Iowa
25
administrative
code
in
order
to
correspond
to
the
restructuring
26
as
established
in
this
division
of
this
Act,
the
administrative
27
rules
coordinator
and
the
administrative
rules
review
28
committee,
in
consultation
with
the
administrative
code
editor,
29
shall
jointly
develop
a
schedule
for
the
necessary
updating
of
30
the
Iowa
administrative
code.
31
4.
Any
cause
of
action
or
statute
of
limitation
relating
32
to
the
Iowa
comprehensive
petroleum
underground
storage
tank
33
fund
board
shall
not
be
affected
as
a
result
of
the
transfer
34
and
such
cause
or
statute
of
limitation
shall
apply
to
the
35
successor
department
or
commission.
1
5.
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
XXII
6
ECONOMIC
DEVELOPMENT
——
COMMITTEES
AND
COUNCILS
7
Sec.
351.
Section
15.108,
subsection
7,
paragraph
h,
Code
8
2009,
is
amended
by
striking
the
paragraph.
9
Sec.
352.
Section
15G.115,
subsections
2
and
3,
Code
10
Supplement
2009,
are
amended
to
read
as
follows:
11
2.
a.
Each
application
from
a
business
for
financial
12
assistance
under
the
grow
Iowa
values
financial
assistance
13
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program
shall
be
reviewed
by
the
due
diligence
committee
14
established
by
the
board
pursuant
to
section
15.103,
subsection
15
6.
The
due
diligence
committee
shall
make
a
recommendation
on
16
each
application
to
the
board.
17
b.
Each
application
from
a
business
for
financial
assistance
18
under
the
value-added
agriculture
component
of
the
grow
Iowa
19
values
financial
assistance
program
shall
be
reviewed
by
the
20
agricultural
products
advisory
council
established
in
section
21
15.203
,
which
shall
make
a
recommendation
on
each
application
22
to
the
board.
23
c.
b.
Each
application
for
financial
assistance
from
funds
24
allocated
by
the
department
for
deposit
in
the
innovation
25
and
commercialization
development
fund
pursuant
to
section
26
15G.111,
subsection
10,
shall
be
reviewed
by
the
technology
27
commercialization
committee
established
in
section
15.116,
28
which
shall
make
a
recommendation
on
each
application
to
the
29
board.
30
3.
In
overseeing
the
administration
of
the
grow
Iowa
values
31
fund
and
grow
Iowa
values
financial
assistance
program
pursuant
32
to
this
chapter,
the
board
shall
do
all
of
the
following:
33
a.
At
the
first
scheduled
meeting
of
the
board
after
the
34
start
of
a
new
fiscal
year,
take
final
action
on
all
of
the
35
following:
1
(1)
The
department’s
recommendations
for
the
annual
fiscal
2
year
allocation
of
moneys
in
the
fund,
as
provided
in
section
3
15G.111,
subsection
4.
The
board
may
adjust
the
allocation
of
4
moneys
during
the
fiscal
year
as
necessary.
5
(2)
The
department’s
recommendations
for
the
allocation
6
of
moneys
among
the
program
components
referred
to
in
section
7
15G.112,
subsection
1,
paragraph
“b”
.
The
board
may
adjust
the
8
allocation
of
moneys
during
the
fiscal
year
as
necessary.
9
b.
Consider
the
recommendation
of
the
due
diligence
10
committee
and
the
agricultural
products
advisory
council
on
11
each
application
for
financial
assistance,
as
described
in
12
subsection
2,
and
take
final
action
on
each
application.
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c.
Take
final
action
on
the
required
plans
for
proposed
14
expenditures
submitted
by
the
entities
receiving
moneys
15
allocated
under
section
15G.111,
subsections
5
through
8.
16
d.
Take
final
action
on
any
rules
recommended
by
the
17
department
for
the
implementation
of
the
provisions
of
this
18
chapter.
19
Sec.
353.
REPEAL.
Section
15.114,
Code
2009,
is
repealed.
20
Sec.
354.
REPEAL.
Section
15.203,
Code
Supplement
2009,
is
21
repealed.
22
DIVISION
XXIII
23
CONSOLIDATION
OF
HOUSING
PROGRAMS
24
Sec.
355.
NEW
SECTION
.
16.41
Shelter
assistance
fund.
25
1.
A
shelter
assistance
fund
is
created
as
a
revolving
26
fund
in
the
state
treasury
under
the
control
of
the
authority
27
consisting
of
any
moneys
appropriated
by
the
general
assembly
28
and
received
under
section
428A.8
for
purposes
of
the
29
rehabilitation,
expansion,
or
costs
of
operations
of
group
home
30
shelters
for
the
homeless
and
domestic
violence
shelters.
31
2.
Of
the
moneys
in
the
fund,
not
less
than
five
hundred
32
forty–six
thousand
dollars
shall
be
spent
annually
on
homeless
33
shelter
projects.
34
3.
Notwithstanding
section
8.33,
all
moneys
in
the
shelter
35
assistance
fund
which
remain
unexpended
or
unobligated
at
the
1
close
of
the
fiscal
year
shall
not
revert
to
the
general
fund
2
of
the
state
but
shall
remain
available
for
expenditure
for
3
subsequent
fiscal
years.
4
Sec.
356.
Section
428A.8,
subsection
2,
unnumbered
5
paragraph
1,
Code
2009,
is
amended
to
read
as
follows:
6
The
treasurer
of
state
shall
deposit
or
transfer
the
7
receipts
paid
the
treasurer
of
state
pursuant
to
subsection
8
1
to
either
the
general
fund
of
the
state,
the
housing
trust
9
fund
created
in
section
16.181,
or
the
shelter
assistance
fund
10
created
in
section
15.349
16.41
as
follows:
11
Sec.
357.
REPEAL.
Section
15.349,
Code
2009,
is
repealed.
12
Sec.
358.
DEPARTMENTAL
PROGRAM
REVIEW
——
HOUSING
PROGRAMS.
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1.
The
department
of
economic
development
and
the
Iowa
14
finance
authority
shall
conduct
a
joint
review
of
programs
15
administered
by
the
agencies
that
relate
to
housing,
including
16
all
such
federal
programs.
The
joint
review
of
programs
shall
17
include
a
review
of
all
federal
moneys
received
and
spent
on
18
housing
programs.
The
agencies
shall
identify
all
programs
19
that
are
duplicative
of
another
program
and
all
programs
that
20
have
purposes
similar
to
that
of
another
program.
21
2.
The
agencies
shall
produce
a
report
on
how
best
to
22
transfer
all
responsibilities
for
housing-related
programs
from
23
the
department
of
economic
development
to
the
Iowa
finance
24
authority.
25
3.
Within
thirty
days
following
the
effective
date
of
this
26
division
of
this
Act,
the
agencies
shall
submit
a
joint
written
27
report
to
the
governor,
the
department
of
management,
and
the
28
general
assembly
consisting
of
the
information
required
under
29
this
section,
a
complete
list
of
programs
reviewed
pursuant
to
30
this
section,
and
any
other
relevant
information.
31
DIVISION
XXIV
32
AREA
EDUCATION
AGENCIES
33
Sec.
359.
Section
8D.5,
subsection
1,
Code
2009,
is
amended
34
by
striking
the
subsection.
35
Sec.
360.
Section
8D.5,
subsection
2,
Code
2009,
is
amended
1
to
read
as
follows:
2
2.
a.
A
regional
telecommunications
council
is
established
3
in
each
of
the
merged
areas
established
pursuant
to
chapter
4
260C
consisting
of
nine
members,
including
one
member
each
5
to
be
appointed
by
each
of
the
appointing
authorities
under
6
subsection
1
following:
the
state
board
of
regents,
the
7
Iowa
association
of
community
college
trustees,
the
area
8
education
agency
boards,
the
Iowa
association
of
school
9
boards,
the
school
administrators
of
Iowa,
the
Iowa
association
10
of
independent
colleges
and
universities,
the
Iowa
state
11
education
association,
the
Iowa
association
of
nonpublic
12
school
administrators,
and
the
administrator
of
the
public
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broadcasting
division
of
the
department
of
education
.
14
Additional
ex
officio,
nonvoting
members
may
also
be
appointed
15
to
the
regional
telecommunications
councils
by
the
director
of
16
the
department
of
education
.
17
b.
The
regional
telecommunications
councils
shall
advise
18
the
education
telecommunications
council
on
the
assessment
19
of
assess
local
educational
needs
,
and
the
coordination
20
of
coordinate
program
activities
including
scheduling
,
21
and
shall
advise
the
department
of
administrative
services
22
and
the
department
of
education
regarding
local
education
23
needs
and
program
activities.
The
councils
shall
establish
24
scheduling
and
site
usage
policies
for
educational
users
of
25
the
network
and
develop
proposed
rules
and
changes
to
rules
26
for
recommendation
to
the
commission.
The
councils
shall
27
also
recommend
long-range
plans
for
enhancements
needed
for
28
educational
applications
.
29
c.
The
community
college
located
in
the
merged
area
of
a
30
regional
telecommunications
council
shall
staff
and
facilitate
31
the
activities
of
the
council.
The
community
college
and
32
the
council
may
enter
into
a
chapter
28E
agreement
for
such
33
arrangement.
34
Sec.
361.
Section
8D.8,
Code
2009,
is
amended
to
read
as
1
follows:
2
8D.8
Scheduling
for
authorized
users.
3
Except
as
provided
in
section
8D.5
,
an
An
authorized
user
4
is
responsible
for
all
scheduling
of
the
use
of
the
authorized
5
user’s
facility.
A
person
who
disputes
a
scheduling
decision
6
of
such
user
may
petition
the
commission
for
a
review
of
such
7
decision
pursuant
to
section
8D.3,
subsection
3,
paragraph
“c”
.
8
Sec.
362.
Section
8D.13,
subsection
8,
Code
2009,
is
amended
9
to
read
as
follows:
10
8.
The
education
Each
regional
telecommunications
11
council
shall
review
all
requests
for
grants
for
educational
12
telecommunications
applications
from
applicants
within
its
13
merged
area
,
if
they
are
a
part
of
the
Iowa
communications
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network,
to
ensure
that
the
educational
telecommunications
15
application
is
consistent
with
the
telecommunications
plan.
16
All
other
grant
requests
shall
be
reviewed
as
determined
by
17
the
commission.
If
the
education
regional
telecommunications
18
council
finds
that
a
grant
request
is
inconsistent
with
19
the
telecommunications
plan,
the
grant
request
shall
not
be
20
allowed.
21
Sec.
363.
Section
280.20,
subsection
3,
Code
2009,
is
22
amended
by
striking
the
subsection.
23
Sec.
364.
REPEAL.
Chapters
261D
and
280A,
Code
and
Code
24
Supplement
2009,
are
repealed.
25
Sec.
365.
REPEAL.
Section
256.32,
Code
2009,
is
repealed.
26
Sec.
366.
AREA
EDUCATION
AGENCIES
AND
REGIONAL
EDUCATION
27
OFFICE
TRANSITION
PLANNING.
28
1.
It
is
the
intent
of
the
general
assembly
to
dissolve
29
the
current
area
education
agency
system
by
July
1,
2011;
to
30
transfer
the
functions,
facilities,
equipment,
programs,
and
31
staff
of
the
area
education
agency
system
to
the
department
of
32
education;
and
to
create
within
the
department
a
bureau
and
33
system
of
regional
education
offices
that
provide
programs
and
34
services
to
the
school
districts
and
children
of
Iowa
in
an
35
efficient,
consistent
manner.
1
2.
The
director
of
the
department
of
education,
in
2
consultation
with
the
directors
of
the
departments
of
3
administrative
services
and
management
or
the
directors’
4
designees,
persons
representing
the
administrators
and
boards
5
of
directors
of
the
area
education
agencies,
and
persons
6
representing
other
interested
stakeholders,
shall
develop
7
a
transition
plan
that
provides
for
the
dissolution
of
the
8
area
education
agency
system
and
for
the
efficient
transition
9
of
area
education
agency
functions,
facilities,
equipment,
10
programs,
and
staff
by
July
1,
2011,
to
a
bureau
of
regional
11
education
offices,
to
be
administered
by
the
department
of
12
education
to
provide
support
functions
and
services
in
a
more
13
efficient,
consistent
manner.
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3.
The
director
of
the
department
of
education
shall
do
all
15
of
the
following:
16
a.
Develop
detailed
studies
of
the
facilities,
property,
17
services,
staffing
necessities,
equipment,
programs,
and
other
18
capabilities
available
in
the
area
education
agency
system.
19
b.
Survey
the
school
districts
to
determine
the
districts’
20
current
and
future
programs
and
services,
professional
21
development,
and
technology
needs.
22
c.
Set
forth
the
assets
and
liabilities
of
the
area
23
education
agencies.
24
4.
The
plan
shall
include
but
not
be
limited
to
all
of
the
25
following:
26
a.
The
number,
which
shall
not
exceed
nine,
and
the
27
locations
of
the
regional
education
offices,
which
shall
be
28
located
throughout
the
state
to
provide
for
the
most
efficient
29
and
consistent
program
and
service
delivery.
30
b.
The
employment
by
the
department
of
education
of
regional
31
education
office
staff
under
the
state
merit
system
established
32
pursuant
to
chapter
8A,
subchapter
IV.
33
c.
A
review
of
area
education
agency
administrative
costs
34
and
budgets
and
a
proposal
for
an
organizational
chart
for
35
the
planned
bureau
of
regional
education
offices
and
the
1
regional
education
offices
similar
to
the
administrative
and
2
organizational
structure
of
the
department
of
education.
3
d.
A
description
of
the
steps
a
proposed
bureau
of
4
regional
education
offices
and
the
proposed
regional
education
5
offices
can
take
to
improve
efficiency
and
effectiveness
of
6
programs
currently
provided
by
area
education
agencies
to
meet
7
accreditation
standards.
8
e.
A
preliminary
annual
budget
for
the
proposed
bureau
and
9
regional
education
offices
estimating
income
and
expenditures
10
for
programs
and
services
as
provided
in
sections
273.1
through
11
273.9
and
chapter
256B
within
the
limits
of
funds
provided
12
under
section
256B.9
and
chapter
257.
13
f.
A
description
of
the
current
area
education
agency
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collective
bargaining
agreements,
including
but
not
limited
to
15
the
benefits
and
terms
of
the
agreements.
16
g.
Recommendations
for
policy
and
statutory
changes
for
17
implementation
of
the
bureau
and
regional
education
offices
18
system.
19
h.
Recommendations
for
limited
options
in
elective
services
20
to
promote
economical
operation
and
the
attainment
of
higher
21
standards
of
educational
services
for
the
schools.
22
i.
A
proposal
for
a
funding
model
which
combines
a
line
item
23
contained
in
the
annual
appropriation
for
the
department
of
24
education
with
local
funding
for
the
support
and
operations
of
25
the
proposed
bureau
and
regional
education
offices.
26
j.
A
proposal
for
the
management
of
the
assets
and
27
liabilities
of
the
dissolving
area
education
agency
system.
28
5.
The
director
shall
submit
the
transition
plan
to
the
29
general
assembly
and
the
governor
by
October
1,
2010.
30
DIVISION
XXV
31
HEALTH
AND
HUMAN
SERVICES
PROGRAM
EFFICIENCIES
32
Sec.
367.
DIRECTIVE
FOR
INCREASED
EFFICIENCIES
IN
HUMAN
33
SERVICES
PROGRAMS.
The
department
of
human
services
shall
34
develop
and
implement
strategies
to
increase
efficiencies
by
35
reducing
paperwork,
decreasing
staff
time,
and
providing
more
1
streamlined
services
to
the
public
relative
to
programs
under
2
the
purview
of
the
department.
Such
strategies
may
include
3
but
are
not
limited
to
simplifying
and
reducing
duplication
in
4
eligibility
determinations
among
programs
by
utilizing
the
same
5
eligibility
processes
across
programs
to
the
extent
allowed
by
6
federal
law.
The
department
shall
provide
a
progress
report
7
to
the
joint
appropriations
subcommittee
on
health
and
human
8
services
on
a
quarterly
basis.
9
Sec.
368.
PHARMACEUTICAL
IMPROVEMENTS.
The
department
10
of
human
services,
department
of
public
health,
department
11
of
corrections,
department
of
management,
and
any
12
other
appropriate
agency
shall
review
the
provision
of
13
pharmaceuticals
to
populations
they
serve
and
programs
under
14
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their
respective
purview
to
determine
efficiencies
in
the
15
purchase
of
pharmaceuticals.
The
departments
shall
develop
16
strategies
to
implement
efficiencies
and
reduce
costs
to
the
17
state,
and
shall
determine
any
changes
in
state
law
or
approval
18
from
the
federal
government
necessary
to
implement
any
strategy
19
identified.
20
DIVISION
XXVI
21
HOSPITAL
LICENSING
BOARD
22
Sec.
369.
Section
135B.5,
subsection
1,
Code
2009,
is
23
amended
to
read
as
follows:
24
1.
Upon
receipt
of
an
application
for
license
and
the
25
license
fee,
the
department
shall
issue
a
license
if
the
26
applicant
and
hospital
facilities
comply
with
this
chapter
27
and
the
rules
of
the
department.
Each
licensee
shall
receive
28
annual
reapproval
upon
payment
of
five
hundred
dollars
and
29
upon
filing
of
an
application
form
which
is
available
from
the
30
department.
The
annual
licensure
fee
shall
be
dedicated
to
31
support
and
provide
educational
programs
on
regulatory
issues
32
for
hospitals
licensed
under
this
chapter
in
consultation
33
with
the
hospital
licensing
board
.
Licenses
shall
be
either
34
general
or
restricted
in
form.
Each
license
shall
be
issued
35
only
for
the
premises
and
persons
or
governmental
units
named
1
in
the
application
and
is
not
transferable
or
assignable
except
2
with
the
written
approval
of
the
department.
Licenses
shall
3
be
posted
in
a
conspicuous
place
on
the
licensed
premises
as
4
prescribed
by
rule
of
the
department.
5
Sec.
370.
Section
135B.7,
subsection
1,
paragraph
a,
Code
6
Supplement
2009,
is
amended
to
read
as
follows:
7
a.
The
department,
with
the
advice
and
approval
of
the
8
hospital
licensing
board
and
approval
of
the
state
board
of
9
health,
shall
adopt
rules
setting
out
the
standards
for
the
10
different
types
of
hospitals
to
be
licensed
under
this
chapter.
11
The
department
shall
enforce
the
rules.
12
Sec.
371.
REPEAL.
Section
135B.10,
Code
2009,
is
repealed.
13
Sec.
372.
REPEAL.
Section
135B.11,
Code
Supplement
2009,
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is
repealed.
15
DIVISION
XXVII
16
CHILD
SUPPORT
17
Sec.
373.
Section
252D.17,
Code
2009,
is
amended
by
adding
18
the
following
new
subsection:
19
NEW
SUBSECTION
.
13.
The
department
shall
establish
20
criteria
and
a
phased-in
schedule
to
require,
no
later
than
21
June
30,
2015,
payors
of
income
to
electronically
transmit
22
the
amounts
withheld
under
an
income
withholding
order.
The
23
department
shall
assist
payors
of
income
in
complying
with
24
the
required
electronic
transmission,
and
shall
adopt
rules
25
setting
forth
procedures
for
use
in
electronic
transmission
of
26
funds,
and
exemption
from
use
of
electronic
transmission
taking
27
into
consideration
any
undue
hardship
electronic
transmission
28
creates
for
payors
of
income.
29
DIVISION
XXVIII
30
FALSE
CLAIMS
ACT
31
Sec.
374.
NEW
SECTION
.
685.1
Definitions.
32
As
used
in
this
chapter,
unless
the
context
otherwise
33
requires:
34
1.
“Claim”
means
any
request
or
demand
for
money,
property,
35
or
services
made
to
any
employee,
officer,
or
agent
of
the
1
state,
or
to
any
contractor,
grantee,
or
other
recipient,
2
whether
under
contract
or
not,
if
any
portion
of
the
money,
3
property,
or
services
requested
or
demanded
issued
from,
or
4
was
provided
by,
the
state,
or
if
the
state
will
reimburse
the
5
contractor,
grantee,
or
other
recipient
for
any
portion
of
the
6
money
or
property
which
is
requested
or
demanded.
7
2.
“Employer”
means
any
natural
person,
corporation,
firm,
8
association,
organization,
partnership,
business,
trust,
or
9
state-affiliated
entity
involved
in
a
nongovernmental
function,
10
including
state
universities
and
state
hospitals.
11
3.
a.
“Knowing”
or
“knowingly”
means
that
a
person,
with
12
respect
to
information,
does
any
of
the
following:
13
(1)
Has
actual
knowledge
of
the
information.
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(2)
Acts
in
deliberate
ignorance
of
the
truth
or
falsity
of
15
the
information.
16
(3)
Acts
in
reckless
disregard
of
the
truth
or
falsity
of
17
the
information.
18
b.
“Knowing”
or
“knowingly”
with
respect
to
information
does
19
not
require
proof
of
specific
intent
to
defraud.
20
4.
“Qui
tam
plaintiff”
means
a
private
plaintiff
who
brings
21
an
action
under
this
chapter
on
behalf
of
the
state.
22
Sec.
375.
NEW
SECTION
.
685.2
Acts
subjecting
person
to
23
treble
damages,
costs,
and
civil
penalties
——
exceptions.
24
1.
A
person
who
commits
any
of
the
following
acts
is
liable
25
to
the
state
for
three
times
the
amount
of
damages
which
the
26
state
sustains
because
of
the
act
of
that
person.
A
person
who
27
commits
any
of
the
following
acts
shall
also
be
liable
to
the
28
state
for
the
costs
of
a
civil
action
brought
to
recover
any
of
29
those
penalties
or
damages,
and
shall
be
liable
to
the
state
30
for
a
civil
penalty
of
not
less
than
five
thousand
dollars
and
31
not
more
than
ten
thousand
dollars
for
each
violation:
32
a.
Knowingly
presents
or
causes
to
be
presented
to
any
33
employee,
officer,
or
agent
of
the
state,
or
to
any
contractor,
34
grantee,
or
other
recipient
of
state
funds,
a
false
or
35
fraudulent
claim
for
payment
or
approval.
1
b.
Knowingly
makes,
uses,
or
causes
to
be
made
or
used,
a
2
false
record
or
statement
to
get
a
false
or
fraudulent
claim
3
paid
or
approved.
4
c.
Conspires
to
defraud
the
state
by
getting
a
false
claim
5
allowed
or
paid,
or
conspires
to
defraud
the
state
by
knowingly
6
making,
using,
or
causing
to
be
made
or
used,
a
false
record
or
7
statement
to
conceal,
avoid,
or
decrease
an
obligation
to
pay
8
or
transmit
money
or
property
to
the
state.
9
d.
Has
possession,
custody,
or
control
of
public
property
or
10
money
used
or
to
be
used
by
the
state
and
knowingly
delivers
or
11
causes
to
be
delivered
less
property
than
the
amount
for
which
12
the
person
receives
a
certificate
or
receipt.
13
e.
Is
authorized
to
make
or
deliver
a
document
certifying
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receipt
of
property
used
or
to
be
used
by
the
state
and
15
knowingly
makes
or
delivers
a
receipt
that
falsely
represents
16
the
property
used
or
to
be
used.
17
f.
Knowingly
buys,
or
receives
as
a
pledge
of
an
obligation
18
or
debt,
public
property
from
any
person
who
lawfully
may
not
19
sell
or
pledge
the
property.
20
g.
Knowingly
makes,
uses,
or
causes
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
h.
Is
a
beneficiary
of
an
inadvertent
submission
of
a
false
24
claim
to
any
employee,
officer,
or
agent
of
the
state,
or
to
25
any
contractor,
grantee,
or
other
recipient
of
state
funds,
26
subsequently
discovers
the
falsity
of
the
claim,
and
fails
27
to
disclose
the
false
claim
to
the
attorney
general
within
a
28
reasonable
time
after
discovery
of
the
false
claim.
29
2.
Notwithstanding
subsection
1,
the
court
may
assess
30
not
less
than
two
times
the
amount
of
damages
which
the
31
state
sustains
because
of
the
act
of
the
person
described
in
32
subsection
1,
and
no
civil
penalty,
if
the
court
finds
all
of
33
the
following:
34
a.
The
person
committing
the
violation
furnished
the
35
attorney
general
with
all
information
known
to
that
person
1
about
the
violation
within
thirty
days
after
the
date
on
which
2
the
person
first
obtained
the
information.
3
b.
The
person
fully
cooperated
with
any
investigation
by
the
4
attorney
general.
5
c.
At
the
time
the
person
furnished
the
attorney
general
6
with
information
about
the
violation,
a
criminal
prosecution,
7
civil
action,
or
administrative
action
had
not
commenced
8
with
respect
to
the
violation,
and
the
person
did
not
have
9
actual
knowledge
of
the
existence
of
an
investigation
into
the
10
violation.
11
3.
This
section
shall
not
apply
to
claims,
records,
or
12
statements
made
under
Title
X
relating
to
state
revenue
and
13
taxation.
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Sec.
376.
NEW
SECTION
.
685.3
Investigations
and
15
prosecutions
——
powers
of
prosecuting
authority
——
civil
actions
16
by
individuals
as
qui
tam
plaintiffs
and
as
private
citizens
——
17
jurisdiction
of
courts.
18
1.
The
attorney
general
shall
diligently
investigate
a
19
violation
under
section
685.2.
If
the
attorney
general
finds
20
that
a
person
has
violated
or
is
violating
section
685.2,
the
21
attorney
general
may
bring
a
civil
action
under
this
section
22
against
that
person.
23
2.
a.
A
person
may
bring
a
civil
action
for
a
violation
of
24
this
chapter
for
the
person
and
for
the
state
in
the
name
of
25
the
state.
The
person
bringing
the
action
shall
be
referred
26
to
as
the
qui
tam
plaintiff.
Once
filed,
the
action
may
be
27
dismissed
only
with
the
written
consent
of
the
court,
taking
28
into
account
the
best
interest
of
the
parties
involved
and
the
29
public
purposes
behind
this
chapter.
30
b.
A
copy
of
the
complaint
and
written
disclosure
of
31
substantially
all
material
evidence
and
information
the
32
person
possesses
shall
be
served
on
the
attorney
general.
The
33
complaint
shall
also
be
filed
in
camera,
shall
remain
under
34
seal
for
at
least
sixty
days,
and
shall
not
be
served
on
the
35
defendant
until
the
court
so
orders.
The
attorney
general
may
1
elect
to
intervene
and
proceed
with
the
action
within
sixty
2
days
after
the
attorney
general
receives
both
the
complaint
and
3
the
material
evidence
and
the
information.
4
c.
The
attorney
general
may,
for
good
cause
shown,
move
the
5
court
for
extensions
of
the
time
during
which
the
complaint
6
remains
under
seal
under
paragraph
“b”
.
Any
such
motions
may
be
7
supported
by
affidavits
or
other
submissions
in
camera.
The
8
defendant
shall
not
be
required
to
respond
to
any
complaint
9
filed
under
this
section
until
after
the
complaint
is
unsealed
10
and
served
upon
the
defendant
pursuant
to
rules
of
civil
11
procedure.
12
d.
Before
the
expiration
of
the
sixty-day
period
or
any
13
extensions
obtained
under
paragraph
“c”
,
the
attorney
general
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shall
do
one
of
the
following:
15
(1)
Proceed
with
the
action,
in
which
case
the
action
shall
16
be
conducted
by
the
attorney
general.
17
(2)
Notify
the
court
that
the
attorney
general
declines
to
18
take
over
the
action,
in
which
case
the
person
bringing
the
19
action
shall
have
the
right
to
conduct
the
action.
20
e.
When
a
person
brings
a
valid
action
under
this
section,
21
no
person
other
than
the
attorney
general
may
intervene
or
22
bring
a
related
action
based
on
the
facts
underlying
the
23
pending
action.
24
3.
a.
If
the
attorney
general
proceeds
with
the
action,
25
the
attorney
general
shall
have
the
primary
responsibility
for
26
prosecuting
the
action,
and
shall
not
be
bound
by
an
act
of
27
the
person
bringing
the
action.
Such
person
shall
have
the
28
right
to
continue
as
a
party
to
the
action,
subject
to
the
29
limitations
specified
in
paragraph
“b”
.
30
b.
(1)
The
attorney
general
may
move
to
dismiss
the
action
31
for
good
cause
notwithstanding
the
objections
of
the
qui
tam
32
plaintiff
if
the
qui
tam
plaintiff
has
been
notified
by
the
33
attorney
general
of
the
filing
of
the
motion
and
the
court
has
34
provided
the
qui
tam
plaintiff
with
an
opportunity
to
oppose
1
the
motion
and
present
evidence
at
a
hearing.
2
(2)
The
attorney
general
may
settle
the
action
with
the
3
defendant
notwithstanding
the
objections
of
the
qui
tam
4
plaintiff
if
the
court
determines,
after
a
hearing
providing
5
the
qui
tam
plaintiff
an
opportunity
to
present
evidence,
that
6
the
proposed
settlement
is
fair,
adequate,
and
reasonable
under
7
all
of
the
circumstances.
8
(3)
Upon
a
showing
by
the
attorney
general
that
unrestricted
9
participation
during
the
course
of
the
litigation
by
the
10
person
initiating
the
action
would
interfere
with
or
unduly
11
delay
the
attorney
general’s
prosecution
of
the
case,
or
would
12
be
repetitious,
irrelevant,
or
for
purposes
of
harassment,
13
the
court
may,
in
its
discretion,
impose
limitations
on
the
14
person’s
participation,
including
but
not
limited
to
any
of
the
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following:
16
(a)
Limiting
the
number
of
witnesses
the
person
may
call.
17
(b)
Limiting
the
length
of
the
testimony
of
such
witnesses.
18
(c)
Limiting
the
person’s
cross-examination
of
witnesses.
19
(d)
Otherwise
limiting
the
participation
by
the
person
in
20
the
litigation.
21
(4)
Upon
a
showing
by
the
defendant
that
unrestricted
22
participation
during
the
course
of
the
litigation
by
the
person
23
initiating
the
action
would
be
for
purposes
of
harassment
or
24
would
cause
the
defendant
undue
burden
or
unnecessary
expense,
25
the
court
may
limit
the
participation
by
the
person
in
the
26
litigation.
27
c.
If
the
attorney
general
elects
not
to
proceed
with
the
28
action,
the
person
who
initiated
the
action
shall
have
the
29
right
to
conduct
the
action.
If
the
attorney
general
requests,
30
the
attorney
general
shall
be
served
with
copies
of
all
31
pleadings
filed
in
the
action
and
shall
be
supplied
with
copies
32
of
all
deposition
transcripts
at
the
state’s
expense.
When
a
33
person
proceeds
with
the
action,
the
court,
without
limiting
34
the
status
and
rights
of
the
person
initiating
the
action,
may
35
permit
the
attorney
general
to
intervene
at
a
later
date
upon
a
1
showing
of
good
cause.
2
d.
Whether
or
not
the
attorney
general
proceeds
with
the
3
action,
upon
a
showing
by
the
attorney
general
that
certain
4
actions
of
discovery
by
the
person
initiating
the
action
5
would
interfere
with
the
attorney
general’s
investigation
or
6
prosecution
of
a
criminal
or
civil
matter
arising
out
of
the
7
same
facts,
the
court
may
stay
such
discovery
for
a
period
of
8
not
more
than
sixty
days.
Such
a
showing
shall
be
conducted
9
in
camera.
The
court
may
extend
the
sixty-day
period
upon
10
a
further
showing
in
camera
that
the
attorney
general
has
11
pursued
the
criminal
or
civil
investigation
or
proceedings
12
with
reasonable
diligence
and
any
proposed
discovery
in
the
13
civil
action
will
interfere
with
the
ongoing
criminal
or
civil
14
investigation
or
proceedings.
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e.
Notwithstanding
subsection
2,
the
attorney
general
may
16
elect
to
pursue
the
state’s
claim
through
any
alternate
remedy
17
available
to
the
state,
including
any
administrative
proceeding
18
to
determine
a
civil
penalty.
If
any
such
alternate
remedy
19
is
pursued
in
another
proceeding,
the
person
initiating
the
20
action
shall
have
the
same
rights
in
such
proceeding
as
such
21
person
would
have
had
if
the
action
had
continued
under
this
22
section.
Any
finding
of
fact
or
conclusion
of
law
made
in
23
such
other
proceeding
that
has
become
final
with
respect
to
24
a
party
who
is
also
a
party
to
an
action
under
this
section,
25
shall
be
conclusive
as
to
all
such
parties
to
an
action
under
26
this
section.
For
purposes
of
this
paragraph,
a
finding
or
27
conclusion
is
final
if
it
has
been
finally
determined
on
appeal
28
to
the
appropriate
court
of
the
state,
if
all
time
for
filing
29
such
an
appeal
with
respect
to
the
finding
or
conclusion
has
30
expired,
or
if
the
finding
or
conclusion
is
not
subject
to
31
judicial
review.
32
4.
a.
(1)
If
the
attorney
general
proceeds
with
an
action
33
brought
by
a
person
under
subsection
2,
the
person
shall,
34
subject
to
subparagraph
(2),
receive
at
least
fifteen
percent
35
but
not
more
than
twenty-five
percent
of
the
proceeds
of
the
1
action
or
settlement
of
the
claim,
which
includes
damages,
2
civil
penalties,
payments
for
costs
of
compliance,
and
any
3
other
economic
benefit
realized
by
the
state
or
federal
4
government
as
a
result
of
the
action,
depending
upon
the
5
extent
to
which
the
person
substantially
contributed
to
the
6
prosecution
of
the
action.
7
(2)
If
the
action
is
one
which
the
court
finds
to
be
8
based
primarily
on
disclosures
of
specific
information,
other
9
than
information
provided
by
the
person
bringing
the
action,
10
relating
to
allegations
or
transactions
specifically
in
a
11
criminal,
civil,
or
administrative
hearing,
or
in
a
legislative
12
or
administrative
report,
hearing,
audit,
or
investigation,
or
13
from
the
news
media,
the
court
may
award
an
amount
the
court
14
considers
appropriate,
but
in
no
case
more
than
ten
percent
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of
the
proceeds,
taking
into
account
the
significance
of
the
16
information
and
the
role
of
the
person
bringing
the
action
in
17
advancing
the
case
to
litigation.
18
(3)
Any
payment
to
a
person
under
subparagraph
(1)
or
(2)
19
shall
be
made
from
the
proceeds.
Any
such
person
shall
also
20
receive
an
amount
for
reasonable
expenses
which
the
appropriate
21
court
finds
to
have
been
necessarily
incurred,
plus
reasonable
22
attorney
fees
and
costs.
All
such
expenses,
fees,
and
costs
23
shall
be
awarded
against
the
defendant.
24
b.
If
the
attorney
general
does
not
proceed
with
an
action
25
under
this
section,
the
person
bringing
the
action
or
settling
26
the
claim
shall
receive
an
amount
which
the
court
decides
is
27
reasonable
for
collecting
the
civil
penalty
and
damages.
The
28
amount
shall
be
not
less
than
twenty-five
percent
and
not
more
29
than
thirty
percent
of
the
proceeds
of
the
action
or
settlement
30
and
shall
be
paid
out
of
such
proceeds,
which
includes
damages,
31
civil
penalties,
payments
for
costs
of
compliance,
and
any
32
other
economic
benefit
realized
by
the
state
or
federal
33
government
as
a
result
of
the
action.
Such
person
shall
also
34
receive
an
amount
for
reasonable
expenses
which
the
appropriate
35
court
finds
to
have
been
necessarily
incurred,
plus
reasonable
1
attorney
fees
and
costs.
All
such
expenses,
fees,
and
costs
2
shall
be
awarded
against
the
defendant.
3
c.
Whether
or
not
the
attorney
general
proceeds
with
the
4
action,
if
the
court
finds
that
the
action
was
brought
by
a
5
person
who
planned
and
initiated
the
violation
of
section
6
685.2
upon
which
the
action
was
brought,
the
court
may,
to
the
7
extent
the
court
considers
appropriate,
reduce
the
share
of
8
the
proceeds
of
the
action
which
the
person
would
otherwise
9
receive
under
paragraph
“a”
or
“b”
,
taking
into
account
the
10
role
of
that
person
in
advancing
the
case
to
litigation
and
any
11
relevant
circumstances
pertaining
to
the
violation.
If
the
12
person
bringing
the
action
is
convicted
of
criminal
conduct
13
arising
from
the
person’s
role
in
the
violation
of
section
14
685.2,
the
person
shall
be
dismissed
from
the
civil
action
and
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shall
not
receive
any
share
of
the
proceeds
of
the
action.
16
Such
dismissal
shall
not
prejudice
the
right
of
the
attorney
17
general
to
continue
the
action.
18
d.
If
the
attorney
general
does
not
proceed
with
the
action
19
and
the
person
bringing
the
action
conducts
the
action,
the
20
court
may
award
to
the
defendant
reasonable
attorney
fees
and
21
expenses
if
the
defendant
prevails
in
the
action
and
the
court
22
finds
that
the
claim
of
the
person
bringing
the
action
was
23
clearly
frivolous,
clearly
vexatious,
or
brought
primarily
for
24
purposes
of
harassment.
25
5.
a.
A
court
shall
not
have
jurisdiction
over
an
action
26
brought
under
subsection
2
against
a
member
of
the
general
27
assembly,
a
member
of
the
judiciary,
or
an
executive
branch
28
official
if
the
action
is
based
on
evidence
or
information
29
known
to
the
attorney
general
when
the
action
was
brought.
30
b.
A
person
shall
not
bring
an
action
under
subsection
2
31
which
is
based
upon
allegations
or
transactions
which
are
the
32
subject
of
a
civil
suit
or
an
administrative
civil
penalty
33
proceeding
in
which
the
state
is
already
a
party.
34
c.
Upon
motion
of
the
attorney
general,
the
court
may
in
35
consideration
of
all
the
equities,
dismiss
a
qui
tam
plaintiff
1
if
the
elements
of
the
actionable
false
claims
alleged
in
the
2
qui
tam
complaint
have
been
publicly
disclosed
specifically
3
in
the
news
media
or
in
a
publicly
disseminated
governmental
4
report,
at
the
time
the
complaint
is
filed.
5
d.
The
state
is
not
liable
for
expenses
which
a
person
6
incurs
in
bringing
an
action
under
this
section.
7
6.
Any
employee
who
is
discharged,
demoted,
suspended,
8
threatened,
harassed,
or
in
any
other
manner
discriminated
9
against
in
the
terms
and
conditions
of
employment
by
the
10
person’s
employer
because
of
lawful
acts
performed
by
the
11
employee
on
behalf
of
the
employee
or
others
in
furtherance
12
of
an
action
under
this
section,
including
investigation
for,
13
initiation
of,
testimony
for,
or
assistance
in
an
action
filed
14
or
to
be
filed
under
this
section,
shall
be
entitled
to
all
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relief
necessary
to
make
the
employee
whole.
Such
relief
16
shall
include
reinstatement
with
the
same
seniority
status
17
such
employee
would
have
had
but
for
the
discrimination,
two
18
times
the
amount
of
back
pay,
interest
on
the
back
pay,
and
19
compensation
for
any
special
damages
sustained
as
a
result
of
20
the
discrimination,
including
litigation
costs
and
reasonable
21
attorney
fees.
An
employee
may
bring
an
action
in
the
22
appropriate
court
of
the
state
for
the
relief
provided
in
this
23
subsection.
24
Sec.
377.
NEW
SECTION
.
685.4
Limitation
of
actions
——
25
burden
of
proof.
26
1.
A
civil
action
under
section
685.3
shall
not
be
brought
27
more
than
ten
years
after
the
date
on
which
the
violation
was
28
committed.
29
2.
A
civil
action
under
section
685.3
may
be
brought
based
30
on
activity
prior
to
January
1,
2007,
if
the
limitations
period
31
pursuant
to
subsection
1
has
not
lapsed.
32
3.
In
any
action
brought
under
section
685.3,
the
attorney
33
general
or
the
qui
tam
plaintiff
shall
be
required
to
prove
all
34
essential
elements
of
the
cause
of
action,
including
damages,
35
by
a
preponderance
of
the
evidence.
1
4.
Notwithstanding
any
other
provision
of
law,
a
guilty
2
verdict
rendered
in
a
criminal
proceeding
charging
false
3
statements
or
fraud,
whether
upon
a
verdict
after
trial
or
upon
4
a
plea
of
guilty
or
nolo
contendere,
shall
estop
the
defendant
5
from
denying
the
essential
elements
of
the
offense
in
any
6
action
which
involves
the
same
transaction
as
in
the
criminal
7
proceeding
and
which
is
brought
under
section
685.3,
subsection
8
1,
2,
or
3.
9
Sec.
378.
NEW
SECTION
.
685.5
Remedies
under
other
laws
——
10
application.
11
1.
The
provisions
of
this
chapter
are
not
exclusive,
and
the
12
remedies
provided
for
in
this
chapter
shall
be
in
addition
to
13
any
other
remedies
provided
for
in
any
other
law
or
available
14
under
common
law.
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2.
This
chapter
shall
be
liberally
construed
and
applied
16
to
promote
the
public
interest.
This
chapter
shall
also
17
be
construed
and
applied
in
a
manner
that
reflects
the
18
congressional
intent
behind
the
federal
False
Claims
Act,
19
31
U.S.C.
§
3729-3733,
including
the
legislative
history
20
underlying
the
1986
amendments
to
the
federal
False
Claims
Act.
21
Sec.
379.
NEW
SECTION
.
685.6
Venue.
22
An
action
brought
under
this
chapter
may
be
brought
in
any
23
judicial
district
in
which
the
defendant
or,
in
the
case
of
24
multiple
defendants,
any
one
defendant
can
be
found,
resides,
25
transacts
business,
or
in
which
any
act
proscribed
under
this
26
chapter
occurred.
A
summons
as
required
by
the
rules
of
civil
27
procedure
shall
be
issued
by
the
appropriate
district
court
and
28
service
at
any
place
within
or
outside
the
United
States.
29
Sec.
380.
EFFECTIVE
UPON
ENACTMENT
AND
RETROACTIVE
30
APPLICABILITY.
This
division
of
this
Act,
being
deemed
of
31
immediate
importance,
takes
effect
upon
enactment
and
applies
32
retroactively
to
January
1,
2007.
33
DIVISION
XXIX
34
MEDICAID
PRESCRIPTION
DRUGS
35
Sec.
381.
MEDICAID
NONPREFERRED
DRUG
LIST
PRESCRIBING.
The
1
department
shall
adopt
rules
pursuant
to
chapter
17A
to
2
restrict
physicians
and
other
prescribers
to
prescribing
not
3
more
than
a
72-hour
or
three-day
supply
of
a
prescription
drug
4
not
included
on
the
medical
assistance
preferred
drug
list
5
while
seeking
approval
to
continue
prescribing
the
medication.
6
Sec.
382.
MEDICAID
MENTAL
HEALTH
MEDICATIONS.
The
7
department
shall
adopt
rules
pursuant
to
chapter
17A
to
require
8
that
unless
the
manufacturer
of
a
chemically
unique
mental
9
health
prescription
drug
enters
into
a
contract
to
provide
the
10
state
with
a
supplemental
rebate,
the
drug
shall
be
placed
on
11
the
nonpreferred
drug
list
and
subject
to
prior
authorization
12
before
a
medical
assistance
program
recipient
is
able
to
obtain
13
the
drug.
14
DIVISION
XXX
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MEDICAID
DISEASE
MANAGEMENT
16
Sec.
383.
MEDICAID
DISEASE
MANAGEMENT
FOR
CHILDREN.
The
17
department
of
human
services
shall
design
and
implement
a
18
disease
management
program
for
children
to
address
the
most
19
prevalent
chronic
diseases
among
children
in
Iowa.
The
program
20
may
include
technology-based
disease
management,
in-person
or
21
telephonic
care
management,
self-management
strategies,
and
22
health
literacy
education
and
training.
23
DIVISION
XXXI
24
MEDICAID
HOME
AND
COMMUNITY-BASED
SERVICES
WAIVER
PAYMENTS
25
Sec.
384.
MEDICAID
HOME
AND
COMMUNITY-BASED
SERVICES
WAIVER
26
PAYMENTS
——
REVIEW.
The
department
of
human
services
shall
27
evaluate
payment
records
and
determine
the
proper
mechanism
28
to
trigger
a
review
of
payments
for
services
provided
under
a
29
home
and
community-based
services
waiver
that
are
in
excess
of
30
the
median
amount
for
payments
through
the
waivers.
Following
31
development
of
the
trigger
mechanism,
the
department
shall
32
require
advance
approval
for
services
for
which
payment
is
33
projected
to
exceed
the
median.
34
DIVISION
XXXII
35
DIVESTITURE
——
MEDICAID
PROGRAM
1
Sec.
385.
Section
249F.1,
subsection
2,
paragraph
a,
Code
2
2009,
is
amended
to
read
as
follows:
3
a.
“Transfer
of
assets”
means
any
transfer
or
assignment
4
of
a
legal
or
equitable
interest
in
property,
as
defined
in
5
section
702.14,
from
a
transferor
to
a
transferee
for
less
than
6
fair
consideration,
made
while
the
transferor
is
receiving
7
medical
assistance
or
within
five
years
prior
to
application
8
for
medical
assistance
by
the
transferor.
Any
such
transfer
9
or
assignment
is
presumed
to
be
made
with
the
intent,
on
the
10
part
of
the
transferee
;
transferor;
or
another
person
acting
11
on
behalf
of
a
transferor
who
is
an
actual
or
implied
agent,
12
guardian,
attorney-in-fact,
or
person
acting
as
a
fiduciary
,
13
of
enabling
the
transferor
to
obtain
or
maintain
eligibility
14
for
medical
assistance
or
of
impacting
the
recovery
or
payment
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of
a
medical
assistance
debt
.
This
presumption
is
rebuttable
16
only
by
clear
and
convincing
evidence
that
the
transferor’s
17
eligibility
or
potential
eligibility
for
medical
assistance
or
18
the
impact
on
the
recovery
or
payment
of
a
medical
assistance
19
debt
was
no
part
of
the
transferee’s
reason
of
the
transferee;
20
transferor;
or
other
person
acting
on
behalf
of
a
transferor
21
who
is
an
actual
or
implied
agent,
guardian,
attorney-in-fact,
22
or
person
acting
as
a
fiduciary
for
making
or
accepting
the
23
transfer
or
assignment.
A
transfer
of
assets
includes
a
24
transfer
of
an
interest
in
the
transferor’s
home,
domicile,
or
25
land
appertaining
to
such
home
or
domicile
while
the
transferor
26
is
receiving
medical
assistance,
unless
otherwise
exempt
under
27
paragraph
“b”
.
28
Sec.
386.
Section
249F.1,
subsection
2,
paragraph
b,
29
subparagraph
(6),
Code
2009,
is
amended
to
read
as
follows:
30
(6)
Transfers
of
assets
that
would,
at
the
time
of
the
31
transferor’s
application
for
medical
assistance,
have
been
32
exempt
from
consideration
as
a
resource
if
retained
by
the
33
transferor,
pursuant
to
42
U.S.C.
§
1382b(a),
as
implemented
34
by
regulations
adopted
by
the
secretary
of
the
United
States
35
department
of
health
and
human
services
,
excluding
the
home
and
1
land
appertaining
to
the
home
.
2
DIVISION
XXXIII
3
CHILD
CARE
ADVISORY
COMMITTEE
4
Sec.
387.
NEW
SECTION
.
135.173A
Child
care
advisory
5
committee.
6
1.
The
early
childhood
Iowa
council
shall
establish
a
state
7
child
care
advisory
committee
as
part
of
the
council.
The
8
advisory
committee
shall
advise
and
make
recommendations
to
the
9
governor,
general
assembly,
department
of
human
services,
and
10
other
state
agencies
concerning
child
care.
11
2.
The
membership
of
the
advisory
committee
shall
consist
of
12
a
broad
spectrum
of
parents
and
other
persons
from
across
the
13
state
with
an
interest
in
or
involvement
with
child
care.
14
3.
Except
as
otherwise
provided,
the
voting
members
of
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the
advisory
committee
shall
be
appointed
by
the
council
16
from
a
list
of
names
submitted
by
a
nominating
committee
to
17
consist
of
one
member
of
the
advisory
committee,
one
member
18
of
the
department
of
human
services’
child
care
staff,
three
19
consumers
of
child
care,
and
one
member
of
a
professional
child
20
care
organization.
Two
names
shall
be
submitted
for
each
21
appointment.
The
voting
members
shall
be
appointed
for
terms
22
of
three
years.
23
4.
The
voting
membership
of
the
advisory
committee
shall
be
24
appointed
in
a
manner
so
as
to
provide
equitable
representation
25
of
persons
with
an
interest
in
child
care
and
shall
include
all
26
of
the
following:
27
a.
Two
parents
of
children
served
by
a
registered
child
28
development
home.
29
b.
Two
parents
of
children
served
by
a
licensed
center.
30
c.
Two
not-for-profit
child
care
providers.
31
d.
Two
for-profit
child
care
providers.
32
e.
One
child
care
home
provider.
33
f.
Three
child
development
home
providers.
34
g.
One
child
care
resource
and
referral
service
grantee.
35
h.
One
nongovernmental
child
advocacy
group
representative.
1
i.
One
designee
of
the
department
of
human
services.
2
j.
One
designee
of
the
Iowa
department
of
public
health.
3
k.
One
designee
of
the
department
of
education.
4
l.
One
head
start
program
provider.
5
m.
One
person
who
is
a
business
owner
or
executive
officer
6
from
nominees
submitted
by
the
Iowa
chamber
of
commerce
7
executives.
8
n.
One
designee
of
the
community
empowerment
office
of
the
9
department
of
management.
10
o.
One
person
who
is
a
member
of
the
Iowa
afterschool
11
alliance.
12
p.
One
person
who
is
part
of
a
local
program
implementing
13
the
statewide
preschool
program
for
four-year-old
children
14
under
chapter
256C.
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q.
One
person
who
represents
the
early
childhood
Iowa
16
council.
17
5.
In
addition
to
the
voting
members
of
the
advisory
18
committee,
the
membership
shall
include
four
legislators
as
19
ex
officio,
nonvoting
members.
The
four
legislators
shall
20
be
appointed
one
each
by
the
majority
leader
of
the
senate,
21
the
minority
leader
of
the
senate,
the
speaker
of
the
house
22
of
representatives,
and
the
minority
leader
of
the
house
of
23
representatives
for
terms
as
provided
in
section
69.16B.
24
6.
In
fulfilling
the
advisory
committee’s
role,
the
25
committee
shall
do
all
of
the
following:
26
a.
Consult
with
the
department
of
human
services
and
make
27
recommendations
concerning
policy
issues
relating
to
child
28
care.
29
b.
Advise
the
department
of
human
services
concerning
30
services
relating
to
child
care,
including
but
not
limited
to
31
any
of
the
following:
32
(1)
Resource
and
referral
services.
33
(2)
Provider
training.
34
(3)
Quality
improvement.
35
(4)
Public-private
partnerships.
1
(5)
Standards
review
and
development.
2
(6)
The
federal
child
care
and
development
block
grant,
3
state
funding,
grants,
and
other
funding
sources
for
child
4
care.
5
c.
Assist
the
department
of
human
services
in
developing
an
6
implementation
plan
to
provide
seamless
service
to
recipients
7
of
public
assistance,
which
includes
child
care
services.
8
For
the
purposes
of
this
subsection,
“seamless
service”
9
means
coordination,
where
possible,
of
the
federal
and
state
10
requirements
which
apply
to
child
care.
11
d.
Advise
and
provide
technical
services
to
the
director
of
12
the
department
of
education
or
the
director’s
designee
relating
13
to
prekindergarten,
kindergarten,
and
before
and
after
school
14
programming
and
facilities.
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e.
Make
recommendations
concerning
child
care
expansion
16
programs
that
meet
the
needs
of
children
attending
a
core
17
education
program
by
providing
child
care
before
and
after
the
18
core
program
hours
and
during
times
when
the
core
program
does
19
not
operate.
20
f.
Make
recommendations
for
improving
collaborations
21
between
the
child
care
programs
involving
the
department
of
22
human
services
and
programs
supporting
the
education
and
23
development
of
young
children
including
but
not
limited
to
the
24
federal
head
start
program,
the
statewide
preschool
program
for
25
four-year-old
children
and
the
early
childhood,
at-risk,
and
26
other
early
education
programs
administered
by
the
department
27
of
education.
28
g.
Make
recommendations
for
eliminating
duplication
and
29
otherwise
improving
the
eligibility
determination
processes
30
used
for
the
state
child
care
assistance
program
and
other
31
programs
supporting
low-income
families,
including
but
not
32
limited
to
the
federal
head
start,
early
head
start,
and
even
33
start
programs;
the
early
childhood,
at-risk,
and
preschool
34
programs
administered
by
the
department
of
education;
the
35
family
and
self-sufficiency
grant
program;
and
the
family
1
investment
program.
2
h.
Make
recommendations
as
to
the
most
effective
and
3
efficient
means
of
managing
the
state
and
federal
funding
4
available
for
the
state
child
care
assistance
program.
5
i.
Review
program
data
from
the
department
of
human
services
6
and
other
departments
concerning
child
care
as
deemed
to
be
7
necessary
by
the
advisory
committee,
although
a
department
8
shall
not
provide
personally
identifiable
data
or
information.
9
j.
Advise
and
assist
the
early
childhood
Iowa
council
in
10
developing
the
strategic
plan
required
pursuant
to
section
11
135.173.
12
7.
The
department
of
human
services
shall
provide
13
information
to
the
advisory
committee
semiannually
on
all
of
14
the
following:
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a.
Federal,
state,
local,
and
private
revenues
and
16
expenditures
for
child
care,
including
but
not
limited
to
17
updates
on
the
current
and
future
status
of
the
revenues
and
18
expenditures.
19
b.
Financial
information
and
data
relating
to
regulation
of
20
child
care
by
the
department
of
human
services
and
the
usage
of
21
the
state
child
care
assistance
program.
22
c.
Utilization
and
availability
data
relating
to
child
care
23
regulation,
quantity,
and
quality
from
consumer
and
provider
24
perspectives.
25
d.
Statistical
and
demographic
data
regarding
child
care
26
providers
and
the
families
utilizing
child
care.
27
e.
Statistical
data
regarding
the
processing
time
for
28
issuing
notices
of
decision
to
state
child
care
assistance
29
applicants
and
for
issuing
payments
to
child
care
providers.
30
8.
The
advisory
committee
shall
coordinate
with
the
early
31
childhood
Iowa
council
its
reporting
annually
in
December
32
to
the
governor
and
general
assembly
concerning
the
status
33
of
child
care
in
the
state,
providing
findings,
and
making
34
recommendations.
The
annual
report
may
be
personally
presented
35
to
the
general
assembly’s
standing
committees
on
human
1
resources
by
a
representative
of
the
advisory
committee.
2
Sec.
388.
Section
237A.1,
subsection
16,
Code
2009,
is
3
amended
to
read
as
follows:
4
16.
“State
child
care
advisory
council”
committee”
means
5
the
state
child
care
advisory
council
committee
established
6
pursuant
to
sections
237A.21
and
237A.22
section
135.173A
.
7
Sec.
389.
Section
237A.12,
subsection
3,
Code
2009,
is
8
amended
to
read
as
follows:
9
3.
Rules
relating
to
fire
safety
for
child
care
centers
10
shall
be
adopted
under
this
chapter
by
the
state
fire
marshal
11
in
consultation
with
the
department.
Rules
adopted
by
the
12
state
fire
marshal
for
a
building
which
is
owned
or
leased
by
a
13
school
district
or
accredited
nonpublic
school
and
used
as
a
14
child
care
facility
shall
not
differ
from
standards
adopted
by
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the
state
fire
marshal
for
school
buildings
under
chapter
100.
16
Rules
relating
to
sanitation
shall
be
adopted
by
the
department
17
in
consultation
with
the
director
of
public
health.
All
rules
18
shall
be
developed
in
consultation
with
the
state
child
care
19
advisory
council
committee
.
The
state
fire
marshal
shall
20
inspect
the
facilities.
21
Sec.
390.
Section
237A.25,
subsection
1,
Code
2009,
is
22
amended
to
read
as
follows:
23
1.
The
department
shall
develop
consumer
information
24
material
to
assist
parents
in
selecting
a
child
care
provider.
25
In
developing
the
material,
the
department
shall
consult
with
26
department
of
human
services
staff,
department
of
education
27
staff,
the
state
child
care
advisory
council
committee
,
the
28
Iowa
empowerment
board,
and
child
care
resource
and
referral
29
services.
In
addition,
the
department
may
consult
with
other
30
entities
at
the
local,
state,
and
national
level.
31
Sec.
391.
Section
237A.30,
subsection
1,
Code
2009,
is
32
amended
to
read
as
follows:
33
1.
The
department
shall
work
with
the
community
empowerment
34
office
of
the
department
of
management
established
in
section
35
28.3
and
the
state
child
care
advisory
council
committee
in
1
designing
and
implementing
a
voluntary
quality
rating
system
2
for
each
provider
type
of
child
care
facility.
3
Sec.
392.
Section
256.9,
subsection
32,
paragraph
b,
Code
4
Supplement
2009,
is
amended
to
read
as
follows:
5
b.
Standards
and
materials
developed
shall
include
6
materials
which
employ
developmentally
appropriate
practices
7
and
incorporate
substantial
parental
involvement.
The
8
materials
and
standards
shall
include
alternative
teaching
9
approaches
including
collaborative
teaching
and
alternative
10
dispute
resolution
training.
The
department
shall
consult
11
with
the
child
development
coordinating
council,
the
state
12
child
care
advisory
council
committee
established
pursuant
13
to
section
135.173A
,
the
department
of
human
services,
14
the
state
board
of
regents
center
for
early
developmental
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education,
the
area
education
agencies,
the
department
of
child
16
development
in
the
college
of
family
and
consumer
sciences
at
17
Iowa
state
university
of
science
and
technology,
the
early
18
childhood
elementary
division
of
the
college
of
education
at
19
the
university
of
Iowa,
and
the
college
of
education
at
the
20
university
of
northern
Iowa,
in
developing
these
standards
and
21
materials.
22
Sec.
393.
REPEAL.
Sections
237A.21
and
237A.22,
Code
23
Supplement
2009,
are
repealed.
24
Sec.
394.
IMPLEMENTATION
——
EFFECTIVE
DATE.
25
1.
The
early
childhood
Iowa
council
shall
develop
a
26
legislation
proposal
identifying
memberships
slots
for
27
the
state
child
care
advisory
committee
as
created
by
this
28
division
of
this
Act.
The
proposal
shall
ensure
that
there
29
is
appropriate
representation
for
the
various
types
of
child
30
care
arrangements
available
in
the
state
and
for
expertise.
31
The
proposal
shall
be
submitted
to
the
governor
and
general
32
assembly
on
or
before
December
15,
2010.
33
2.
The
provisions
of
this
division
of
this
Act
other
than
34
this
section
take
effect
July
1,
2011.
35
DIVISION
XXXIV
1
STATE
MENTAL
HEALTH
INSTITUTES
2
Sec.
395.
MOUNT
PLEASANT
MHI
CLOSURE
COSTS.
There
is
3
appropriated
from
the
general
fund
of
the
state
to
the
4
department
of
human
services
for
the
fiscal
year
beginning
July
5
1,
2009,
and
ending
June
30,
2010,
the
following
amount,
or
6
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
7
designated:
8
For
transition
costs
relating
to
the
transfer
of
authority
9
over
the
state
facilities
of
the
state
mental
health
institute
10
at
Mount
Pleasant
from
the
department
of
human
services
to
the
11
department
of
corrections
in
accordance
with
this
division
of
12
this
Act:
13
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
0
14
Sec.
396.
Section
218.1,
Code
2009,
is
amended
to
read
as
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follows:
16
218.1
Institutions
controlled.
17
1.
The
director
of
human
services
shall
have
the
general
and
18
full
authority
given
under
statute
to
control,
manage,
direct,
19
and
operate
the
following
institutions
listed
in
subsection
20
2
under
the
director’s
jurisdiction,
and
may
at
the
director’s
21
discretion
assign
the
powers
and
authorities
given
the
director
22
by
statute
to
any
one
of
the
deputy
directors,
division
23
administrators,
or
officers
or
employees
of
the
divisions
of
24
the
department
of
human
services
:
.
25
2.
The
institutions
under
the
authority
of
the
director
of
26
human
services
are
the
following:
27
1.
a.
Glenwood
state
resource
center.
28
2.
b.
Woodward
state
resource
center.
29
3.
c.
Mental
health
institute,
Cherokee,
Iowa.
30
4.
d.
Mental
health
institute,
Clarinda,
Iowa.
31
5.
e.
Mental
health
institute,
Independence,
Iowa.
32
6.
Mental
health
institute,
Mount
Pleasant,
Iowa.
33
7.
f.
State
training
school.
34
8.
g.
Iowa
juvenile
home.
35
9.
h.
Other
facilities
not
attached
to
the
campus
of
the
1
main
institution
as
program
developments
require.
2
Sec.
397.
Section
219.1,
subsection
1,
Code
2009,
is
amended
3
to
read
as
follows:
4
1.
All
of
the
following
shall
be
are
collectively
designated
5
as
a
single
state
medical
institution:
6
a.
The
mental
health
institute,
Mount
Pleasant,
Iowa.
7
b.
a.
The
mental
health
institute,
Independence,
Iowa.
8
c.
b.
The
mental
health
institute,
Clarinda,
Iowa.
9
d.
c.
The
mental
health
institute,
Cherokee,
Iowa.
10
e.
d.
The
Glenwood
state
resource
center.
11
f.
e.
The
Woodward
state
resource
center.
12
Sec.
398.
Section
226.1,
subsection
1,
Code
Supplement
13
2009,
is
amended
to
read
as
follows:
14
1.
The
state
hospitals
for
persons
with
mental
illness
shall
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be
designated
,
known
as
the
state
mental
health
institutes,
16
are
as
follows:
17
a.
Mental
Health
Institute,
Mount
Pleasant,
Iowa.
18
b.
a.
Mental
Health
Institute
health
institute
,
19
Independence,
Iowa.
20
c.
b.
Mental
Health
Institute
health
institute
,
Clarinda,
21
Iowa.
22
d.
c.
Mental
Health
Institute
health
institute
,
Cherokee,
23
Iowa.
24
Sec.
399.
Section
226.9C,
subsection
1,
Code
2009,
is
25
amended
to
read
as
follows:
26
1.
The
state
mental
health
institute
at
Mount
Pleasant
27
shall
department
of
human
services
may
operate
the
a
dual
28
diagnosis
mental
health
and
substance
abuse
program
at
a
state
29
mental
health
institute.
The
dual
diagnosis
program
shall
30
operate
on
a
net
budgeting
basis
in
which
fifty
percent
of
the
31
actual
per
diem
and
ancillary
services
costs
are
chargeable
to
32
the
patient’s
county
of
legal
settlement
or
as
a
state
case,
33
as
appropriate.
34
1A.
Subject
to
the
approval
of
the
department,
revenues
35
attributable
to
the
dual
diagnosis
program
for
each
fiscal
year
1
shall
be
deposited
in
the
mental
health
institute’s
account
2
and
are
appropriated
to
the
department
for
the
dual
diagnosis
3
program,
including
but
not
limited
to
all
of
the
following
4
revenues:
5
a.
Moneys
received
by
the
state
from
billings
to
counties
6
under
section
230.20.
7
b.
Moneys
received
from
billings
to
the
Medicare
program.
8
c.
Moneys
received
from
a
managed
care
contractor
providing
9
services
under
contract
with
the
department
or
any
private
10
third-party
payor.
11
d.
Moneys
received
through
client
participation.
12
e.
Any
other
revenues
directly
attributable
to
the
dual
13
diagnosis
program.
14
Sec.
400.
TRANSITION
PROVISIONS.
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1.
The
director
of
human
services
and
the
director
of
the
16
department
of
corrections
shall
work
together
to
transfer
17
authority
over
the
facilities
at
the
state
mental
health
18
institute
at
Mount
Pleasant
from
the
department
of
human
19
services
to
the
department
of
corrections.
The
transfer
shall
20
be
completed
on
or
before
July
1,
2011.
21
2.
The
department
of
human
services
shall
do
all
of
the
22
following
during
the
fiscal
year
beginning
July
1,
2009,
23
relating
to
the
transfer
of
authority
over
such
facilities:
24
a.
Adopt
rules
revising
the
catchment
areas
for
the
state
25
mental
health
institutes
from
four
areas
to
three
areas
served
26
by
the
state
mental
health
institutes
at
Cherokee,
Clarinda,
27
and
Independence.
The
rules
shall
also
address
relocation
28
of
statewide
programs
to
appropriate
state
mental
health
29
institutes.
30
b.
Transfer
the
patients
at
the
state
mental
health
31
institute
at
Mount
Pleasant
to
suitable
alternative
placements.
32
3.
Moneys
appropriated
to
the
department
of
human
services
33
for
the
fiscal
year
beginning
July
1,
2009,
and
ending
June
30,
34
2010,
for
the
state
mental
health
institute
at
Mount
Pleasant
35
shall
be
expended
for
the
patients
placed
at
the
institute,
1
for
services
provided
at
alternative
placements
or
for
costs
2
incurred
by
the
department
of
human
services
relating
to
the
3
transfer
of
programs.
4
4.
Administrative
rules
adopted
by
the
department
of
5
human
services
for
the
state
mental
health
institute
at
Mount
6
Pleasant
in
effect
as
of
July
1,
2009,
shall
remain
applicable
7
until
the
transfer
of
the
authority
over
the
facilities
to
the
8
department
of
corrections
has
been
completed.
The
departments
9
of
human
services
and
corrections
shall
jointly
provide
written
10
notice
to
the
legislative
services
agency
when
the
transfer
has
11
been
completed.
12
Sec.
401.
IMPLEMENTATION.
Section
25B.2,
subsection
3,
13
shall
not
apply
to
this
division
of
this
Act.
14
Sec.
402.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
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Act,
being
deemed
of
immediate
importance,
takes
effect
upon
16
enactment.
17
DIVISION
XXXV
18
CONSOLIDATION
OF
ADVISORY
19
BODIES
——
COUNCIL
ON
HUMAN
SERVICES
20
Sec.
403.
NEW
SECTION
.
217.3A
Advisory
committees.
21
1.
General.
The
council
on
human
services
shall
establish
22
and
utilize
the
advisory
committees
identified
in
this
section
23
and
may
establish
and
utilize
other
advisory
committees.
The
24
council
shall
establish
appointment
provisions,
membership
25
terms,
operating
guidelines,
and
other
operational
requirements
26
for
committees
established
pursuant
to
this
section.
27
2.
Child
abuse
prevention.
The
council
shall
establish
a
28
child
abuse
prevention
program
advisory
committee
to
support
29
the
child
abuse
prevention
program
implemented
in
accordance
30
with
section
235A.1.
The
duties
of
the
advisory
committee
31
shall
include
all
of
the
following:
32
a.
Advise
the
director
of
human
services
and
the
33
administrator
of
the
division
of
the
department
of
human
34
services
responsible
for
child
and
family
programs
regarding
35
expenditures
of
funds
received
for
the
child
abuse
prevention
1
program.
2
b.
Review
the
implementation
and
effectiveness
of
3
legislation
and
administrative
rules
concerning
the
child
abuse
4
prevention
program.
5
c.
Recommend
changes
in
legislation
and
administrative
rules
6
to
the
general
assembly
and
the
appropriate
administrative
7
officials.
8
d.
Require
reports
from
state
agencies
and
other
entities
as
9
necessary
to
perform
its
duties.
10
e.
Receive
and
review
complaints
from
the
public
concerning
11
the
operation
and
management
of
the
child
abuse
prevention
12
program.
13
f.
Approve
grant
proposals.
14
3.
a.
The
council
shall
establish
a
child
support
advisory
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committee.
16
(1)
Members
of
the
advisory
committee
shall
include
at
least
17
one
district
judge
and
representatives
of
custodial
parent
18
groups,
noncustodial
parent
groups,
the
general
assembly,
the
19
office
of
citizens’
aide,
the
Iowa
state
bar
association,
the
20
Iowa
county
attorneys
association,
and
other
constituencies
21
which
have
an
interest
in
child
support
enforcement
issues,
22
appointed
by
the
respective
entity.
23
(2)
The
legislative
members
of
the
advisory
committee
shall
24
be
appointed
as
follows:
one
senator
each
by
the
majority
25
leader
of
the
senate,
after
consultation
with
the
president
26
of
the
senate,
and
by
the
minority
leader
of
the
senate,
and
27
one
member
of
the
house
of
representatives
each
by
the
speaker
28
of
the
house
of
representatives,
after
consultation
with
the
29
majority
leader
of
the
house
of
representatives,
and
by
the
30
minority
leader
of
the
house
of
representatives.
31
b.
The
legislative
members
of
the
advisory
committee
shall
32
serve
for
terms
as
provided
in
section
69.16B.
Appointments
33
shall
comply
with
sections
69.16
and
69.16A.
Vacancies
shall
34
be
filled
by
the
original
appointing
authority
and
in
the
35
manner
of
the
original
appointments.
1
c.
The
child
support
advisory
committee
shall
assist
the
2
department
in
all
of
the
following
activities:
3
(1)
Review
of
existing
child
support
guidelines
and
4
recommendations
for
revision.
5
(2)
Examination
of
the
operation
of
the
child
support
system
6
to
identify
program
improvements
or
enhancements
which
would
7
increase
the
effectiveness
of
securing
parental
support
and
8
parental
involvement.
9
(3)
Recommendation
of
legislation
which
would
clarify
and
10
improve
state
law
regarding
support
for
children.
11
d.
The
committee
shall
receive
input
from
the
public
12
regarding
any
child
support
issues.
13
4.
Child
welfare.
14
a.
The
council
shall
establish
a
child
welfare
advisory
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committee
to
advise
the
department
of
human
services
on
16
programmatic
and
budgetary
matters
related
to
the
provision
17
or
purchase
of
child
welfare
services.
The
committee
shall
18
meet
to
review
departmental
budgets,
policies,
and
programs,
19
and
proposed
budgets,
policies,
and
programs,
and
to
make
20
recommendations
and
suggestions
to
make
the
state
child
welfare
21
budget,
programs,
and
policies
more
effective
in
serving
22
families
and
children.
23
b.
The
membership
of
the
advisory
committee
shall
24
include
representatives
of
child
welfare
service
providers,
25
juvenile
court
services,
the
Iowa
foster
and
adoptive
parent
26
association,
the
child
advocacy
board,
the
coalition
for
27
family
and
children’s
services
in
Iowa,
children’s
advocates,
28
service
consumers,
and
others
who
have
training
or
knowledge
29
related
to
child
welfare
services.
In
addition,
four
members
30
shall
be
legislators,
all
serving
as
ex
officio,
nonvoting
31
members,
with
one
each
appointed
by
the
speaker
of
the
house
32
of
representatives,
the
minority
leader
of
the
house
of
33
representatives,
the
majority
leader
of
the
senate,
and
the
34
minority
leader
of
the
senate.
The
director
of
human
services
35
and
the
administrator
of
the
division
of
the
department
of
1
human
services
responsible
for
child
welfare
services,
or
their
2
designees,
shall
also
be
ex
officio,
nonvoting
members,
and
3
shall
serve
as
resource
persons
to
the
advisory
committee.
4
Sec.
404.
Section
235A.1,
subsections
3
and
4,
Code
5
Supplement
2009,
are
amended
by
striking
the
subsections.
6
Sec.
405.
REPEAL.
Sections
234.3
and
252B.18,
Code
2009,
7
are
repealed.
8
Sec.
406.
IMPLEMENTATION.
In
establishing
the
child
abuse
9
prevention
program,
child
support,
and
child
welfare
advisory
10
committees
and
appointing
members,
the
council
on
human
11
services
shall
consider
reappointing
those
individuals
who
12
were
serving
as
members
of
the
child
abuse
prevention
advisory
13
council,
the
child
support
advisory
committee,
and
the
child
14
welfare
advisory
committee
as
of
June
30,
2009.
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DIVISION
XXXVI
16
CONSOLIDATION
OF
ADVISORY
17
BODIES
——
STATE
BOARD
OF
HEALTH
18
Sec.
407.
NEW
SECTION
.
136.11
Advisory
committees.
19
1.
General.
The
state
board
of
health
shall
establish
and
20
utilize
the
advisory
committees
identified
in
this
section
21
and
may
establish
and
utilize
other
advisory
committees.
The
22
council
shall
establish
appointment
provisions,
membership
23
terms,
operating
guidelines,
and
other
operational
requirements
24
for
committees
established
pursuant
to
this
section.
25
2.
Brain
injury.
26
a.
The
board
shall
establish
an
advisory
committee
27
on
brain
injuries.
Insofar
as
practicable,
the
advisory
28
committee
shall
include
persons
with
brain
injuries;
family
29
members
of
persons
with
brain
injuries;
representatives
of
30
industry,
labor,
business,
and
agriculture;
representatives
31
of
federal,
state,
and
local
government;
and
representatives
32
of
religious,
charitable,
fraternal,
civic,
educational,
33
medical,
legal,
veteran,
welfare,
and
other
professional
34
groups
and
organizations.
In
addition,
the
advisory
committee
35
shall
include
representatives
of
the
following
departments
1
and
state
entities
as
ex
officio,
nonvoting
members:
blind,
2
public
health,
human
services,
education,
special
education
3
bureau
of
the
department
of
education,
division
of
vocational
4
rehabilitation
services
of
the
department
of
education,
and
5
commissioner
of
insurance.
6
b.
The
advisory
committee
shall
do
all
of
the
following:
7
(1)
Promote
meetings
and
programs
for
the
discussion
of
8
methods
to
reduce
the
debilitating
effects
of
brain
injuries,
9
and
disseminate
information
in
cooperation
with
any
other
10
department,
agency,
or
entity
on
the
prevention,
evaluation,
11
care,
treatment,
and
rehabilitation
of
persons
affected
by
12
brain
injuries.
13
(2)
Study
and
review
current
prevention,
evaluation,
care,
14
treatment,
and
rehabilitation
technologies
and
recommend
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appropriate
preparation,
training,
retraining,
and
distribution
16
of
personnel
and
resources
in
the
provision
of
services
17
to
persons
with
brain
injuries
through
private
and
public
18
residential
facilities,
day
programs,
and
other
specialized
19
services.
20
(3)
Participate
in
developing
and
disseminating
criteria
21
and
standards
which
may
be
required
for
future
funding
or
22
licensing
of
facilities,
day
programs,
and
other
specialized
23
services
for
persons
with
brain
injuries
in
this
state.
24
(4)
Make
recommendations
to
the
governor
for
developing
and
25
administering
a
state
plan
to
provide
services
for
persons
with
26
brain
injuries.
27
c.
The
department
is
designated
as
Iowa’s
lead
agency
28
for
brain
injury.
For
the
purposes
of
this
subsection,
the
29
designation
of
lead
agency
authorizes
the
department
to
perform
30
or
oversee
the
performance
of
those
functions
specified
in
31
paragraph
“b”
,
subparagraphs
(1)
through
(3).
32
d.
The
advisory
committee
may
receive
gifts,
grants,
or
33
donations
made
for
any
of
the
purposes
of
its
programs
and
34
disburse
and
administer
them
in
accordance
with
their
terms
and
35
under
the
direction
of
the
director.
1
3.
Center
for
rural
health
and
primary
care.
2
a.
The
board
shall
establish
an
advisory
committee
to
3
the
center
for
rural
health
and
primary
care
established
in
4
section
135.107.
The
advisory
committee
shall
consist
of
one
5
representative
approved
by
each
of
the
following
agencies
or
6
entities:
the
department
of
agriculture
and
land
stewardship,
7
the
department
of
public
health,
the
department
of
inspections
8
and
appeals,
national
and
regional
rural
health
policy
groups,
9
and
the
Iowa
state
association
of
counties.
In
addition,
the
10
membership
shall
include
representatives
of
consumer
groups
11
active
in
rural
health
issues
and
of
two
farm
organizations
12
active
within
the
state,
a
representative
of
an
agricultural
13
business
in
the
state,
a
practicing
rural
family
physician,
14
a
practicing
rural
physician
assistant,
a
practicing
rural
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advanced
registered
nurse
practitioner,
and
a
rural
health
16
practitioner
who
is
not
a
physician,
physician
assistant,
or
17
advanced
registered
nurse
practitioner.
The
advisory
committee
18
shall
also
include
as
members
two
state
representatives,
one
19
appointed
by
the
speaker
of
the
house
of
representatives
and
20
one
by
the
minority
leader
of
the
house
of
representatives,
and
21
two
state
senators,
one
appointed
by
the
majority
leader
of
the
22
senate
and
one
by
the
minority
leader
of
the
senate.
23
b.
The
advisory
committee
shall
regularly
meet
with
24
the
administrative
head
of
the
center
for
rural
health
and
25
primary
care
as
well
as
with
the
director
of
the
center
for
26
agricultural
health
and
safety
established
under
section
27
262.78.
The
head
of
the
center
for
rural
health
and
primary
28
care
and
the
director
of
the
center
for
agricultural
health
and
29
safety
shall
consult
with
the
advisory
committee
and
provide
30
the
advisory
committee
with
relevant
information
regarding
31
their
agencies.
32
4.
Hemophilia.
33
a.
The
board
shall
establish
a
hemophilia
advisory
committee
34
to
provide
recommendations
on
cost-effective
treatment
programs
35
that
enhance
the
quality
of
life
of
those
afflicted
with
1
hemophilia
and
other
bleeding
and
clotting
disorders
and
2
contain
the
high
cost
of
treatment.
3
b.
The
membership
of
the
advisory
committee
shall
include
4
hemophilia
patients
and
caregivers
and
representatives
of
5
relevant
state
agencies,
health
care
providers,
social
workers,
6
and
other
providers
who
treat
persons
with
hemophilia
and
other
7
bleeding
and
clotting
disorders.
8
c.
The
committee
shall
review
and
make
recommendations
to
9
the
director
concerning
but
not
limited
to
the
following:
10
(1)
Proposed
legislative
or
administrative
changes
to
11
policies
and
programs
that
are
integral
to
the
health
and
12
wellness
of
individuals
with
hemophilia
and
other
bleeding
and
13
clotting
disorders.
14
(2)
Standards
of
care
and
treatment
for
persons
living
with
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hemophilia
and
other
bleeding
and
clotting
disorders.
16
(3)
The
development
of
community-based
initiatives
to
17
increase
awareness
of
care
and
treatment
for
persons
living
18
with
hemophilia
and
other
bleeding
and
clotting
disorders.
19
(4)
Facilitating
communication
and
cooperation
among
20
persons
with
hemophilia
and
other
bleeding
and
clotting
21
disorders.
22
d.
The
advisory
committee
shall
report
to
the
board,
23
governor,
and
general
assembly
annually
before
January
with
24
recommendations
for
maintaining
and
improving
access
to
care
25
for
individuals
with
hemophilia
and
other
bleeding
and
clotting
26
disorders.
Subsequent
annual
reports
shall
report
on
the
27
status
of
implementing
the
recommendations
as
proposed
by
the
28
advisory
committee
and
on
any
state
and
national
activities
29
with
regard
to
hemophilia
and
other
bleeding
and
clotting
30
disorders.
31
5.
Trauma
system.
32
a.
The
board
shall
establish
a
trauma
system
advisory
33
committee.
34
b.
The
membership
of
the
advisory
committee
may
include
35
representatives
of
relevant
health
care
providers,
state
1
departments,
professional
associations,
trauma
care
providers,
2
rehabilitation
providers,
and
researchers.
3
c.
The
advisory
committee
shall
do
all
of
the
following:
4
(1)
Advise
the
department
on
issues
and
strategies
to
5
achieve
optimal
trauma
care
delivery
throughout
the
state.
6
(2)
Assist
the
department
in
the
implementation
of
an
Iowa
7
trauma
care
plan.
8
(3)
Develop
criteria
for
the
categorization
of
all
9
hospitals
and
emergency
care
facilities
according
to
their
10
trauma
care
capabilities.
These
categories
shall
be
for
levels
11
I,
II,
III,
and
IV,
based
on
the
most
current
guidelines
12
published
by
the
American
college
of
surgeons
committee
on
13
trauma,
the
American
college
of
emergency
physicians,
and
14
the
model
trauma
care
plan
of
the
United
States
department
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of
health
and
human
services’
health
resources
and
services
16
administration.
17
(4)
Develop
a
process
for
the
verification
of
the
18
trauma
care
capacity
of
each
facility
and
the
issuance
of
a
19
certificate
of
verification.
20
(5)
Develop
standards
for
medical
direction,
trauma
care,
21
triage
and
transfer
protocols,
and
trauma
registries.
22
(6)
Promote
public
information
and
education
activities
for
23
injury
prevention.
24
(7)
Review
the
rules
adopted
under
chapter
147A
relating
to
25
the
trauma
care
system
and
make
recommendations
to
the
director
26
for
changes
to
further
promote
optimal
trauma
care.
27
6.
State
medical
examiner.
28
a.
The
board
shall
establish
a
state
medical
examiner
29
advisory
committee
to
advise
and
consult
with
the
state
medical
30
examiner
on
a
range
of
issues
affecting
the
organization
and
31
functions
of
the
office
of
the
state
medical
examiner
and
the
32
effectiveness
of
the
medical
examiner
system
in
the
state.
33
b.
The
membership
of
the
advisory
committee
shall
be
34
appointed
pursuant
to
the
recommendation
of
the
state
medical
35
examiner
to
include
relevant
representatives
of
state
and
local
1
prosecutors,
health
professionals,
state
and
local
health
2
departments,
state
departments,
professional
associations,
and
3
funeral
directors.
4
Sec.
408.
Section
135.107,
subsection
5,
Code
Supplement
5
2009,
is
amended
by
striking
the
subsection.
6
Sec.
409.
Section
135.22B,
subsection
2,
paragraphs
b
and
c,
7
Code
2009,
are
amended
to
read
as
follows:
8
b.
The
division
of
the
department
assigned
to
administer
9
the
advisory
council
on
programs
and
services
addressing
brain
10
injuries
under
section
135.22A
shall
be
the
program
11
administrator.
The
division
duties
shall
include
but
are
12
not
limited
to
serving
as
the
fiscal
agent
and
contract
13
administrator
for
the
program
and
providing
program
oversight.
14
c.
The
division
shall
consult
with
the
advisory
15
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council
committee
on
brain
injuries,
established
pursuant
to
16
section
135.22A
136.11
,
regarding
the
program
and
shall
report
17
to
the
council
concerning
the
program
at
least
quarterly.
The
18
council
advisory
committee
shall
make
recommendations
to
the
19
department
concerning
the
program’s
operation.
20
Sec.
410.
Section
147A.23,
subsection
2,
unnumbered
21
paragraph
1,
Code
2009,
is
amended
to
read
as
follows:
22
The
department,
in
consultation
with
the
trauma
system
23
advisory
council
committee
established
pursuant
to
section
24
136.11
,
shall
develop,
coordinate,
and
monitor
a
statewide
25
trauma
care
system.
This
system
shall
include
,
but
not
be
26
limited
to
,
the
following:
27
Sec.
411.
Section
147A.26,
subsection
1,
Code
2009,
is
28
amended
to
read
as
follows:
29
1.
The
department
shall
maintain
a
statewide
trauma
30
reporting
system
by
which
the
system
evaluation
and
31
quality
improvement
committee,
the
trauma
system
advisory
32
council
committee
established
pursuant
to
section
136.11
,
and
33
the
department
may
monitor
the
effectiveness
of
the
statewide
34
trauma
care
system.
35
Sec.
412.
Section
691.6,
subsection
3,
Code
Supplement
1
2009,
is
amended
to
read
as
follows:
2
3.
To
adopt
rules
pursuant
to
chapter
17A,
and
subject
3
to
the
approval
of
the
director
of
public
health,
with
the
4
advice
and
approval
of
the
state
medical
examiner
advisory
5
council
committee
established
pursuant
to
section
136.11
.
6
Sec.
413.
REPEAL.
Sections
135.22A,
135N.1,
135N.2,
7
135N.3,
135N.4,
135N.5,
135N.6,
and
147A.24,
Code
2009,
are
8
repealed.
9
Sec.
414.
REPEAL.
Section
691.6C,
Code
Supplement
2009,
is
10
repealed.
11
Sec.
415.
IMPLEMENTATION.
In
establishing
the
brain
12
injury,
center
for
rural
health
and
primary
care,
hemophilia,
13
trauma
system,
and
state
medical
examiner
advisory
committees
14
and
appointing
members,
the
state
board
of
health
shall
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consider
reappointing
those
individuals
who
were
serving
16
as
members
of
the
advisory
council
on
brain
injuries,
the
17
center
for
rural
health
and
primary
care
advisory
committee,
18
the
hemophilia
advisory
council,
the
state
medical
examiner
19
advisory
council,
and
the
trauma
system
advisory
council
as
of
20
June
30,
2009.
21
DIVISION
XXXVII
22
DEPARTMENT
OF
HUMAN
SERVICES
——
FAMILY
SUPPORT
SUBSIDY
23
Sec.
416.
Section
225C.37,
Code
Supplement
2009,
is
amended
24
by
adding
the
following
new
subsection:
25
NEW
SUBSECTION
.
3.
Effective
July
1,
2010,
the
department
26
shall
not
accept
new
applications
for
the
family
support
27
subsidy
program
and
shall
not
approve
pending
applications
28
for
the
program.
Subsidy
termination
or
application
denial
29
relating
to
family
members
enrolled
in
the
family
support
30
subsidy
program
as
of
July
1,
2010,
is
subject
to
section
31
225C.40.
32
DIVISION
XXXVIII
33
DEPARTMENT
OF
HUMAN
SERVICES
——
ELECTRONIC
FUNDS
TRANSFER
34
PAYMENTS
35
Sec.
417.
NEW
SECTION
.
217.24
Payment
by
electronic
funds
1
transfer.
2
The
department
of
human
services
shall
continue
expanding
3
the
practice
of
making
payments
to
program
participants
and
4
vendors
by
means
of
electronic
funds
transfer.
The
department
5
shall
seek
the
capacity
for
making
payment
by
such
means
for
6
all
programs
administered
by
the
department.
7
DIVISION
XXXIX
8
DEPARTMENT
OF
HUMAN
SERVICES
——
ADOPTION
SUBSIDY
PROGRAM
9
Sec.
418.
ADOPTION
SUBSIDY
PROGRAM
RATES.
For
the
fiscal
10
year
beginning
July
1,
2010,
the
maximum
adoption
subsidy
rate
11
authorized
by
the
department
of
human
services
shall
not
exceed
12
the
maximum
rate
in
effect
on
June
30,
2010,
and
the
maximum
13
payment
for
nonrecurring
expenses
shall
be
limited
to
$500
and
14
additional
amounts
for
court
costs
and
other
related
legal
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expenses
shall
no
longer
be
allowed.
16
DIVISION
XL
17
JUVENILE
DETENTION
HOME
FUND
18
Sec.
419.
Section
232.142,
subsections
3
and
6,
Code
2009,
19
are
amended
by
striking
the
subsections.
20
Sec.
420.
Section
321.210B,
subsection
7,
paragraph
b,
Code
21
2009,
is
amended
to
read
as
follows:
22
b.
The
clerk
of
the
district
court
shall
transmit
to
the
23
department,
from
the
first
moneys
collected,
an
amount
equal
to
24
the
amount
of
any
civil
penalty
assessed
pursuant
to
section
25
321.218A
or
321A.32A
and
added
to
the
installment
agreement.
26
The
department
shall
transmit
the
money
received
from
the
27
clerk
of
the
district
court
pursuant
to
this
paragraph
to
the
28
treasurer
of
state
for
deposit
in
the
juvenile
detention
home
29
fund
created
in
section
232.142
general
fund
of
the
state
.
30
Sec.
421.
Section
321.218A,
Code
2009,
is
amended
to
read
31
as
follows:
32
321.218A
Civil
penalty
——
disposition
——
reinstatement.
33
When
the
department
suspends,
revokes,
or
bars
a
person’s
34
driver’s
license
or
nonresident
operating
privilege
for
a
35
conviction
under
this
chapter,
the
department
shall
assess
1
the
person
a
civil
penalty
of
two
hundred
dollars.
However,
2
for
persons
age
nineteen
or
under,
the
civil
penalty
assessed
3
shall
be
fifty
dollars.
The
civil
penalty
does
not
apply
to
4
a
suspension
issued
for
a
violation
of
section
321.180B.
The
5
money
collected
by
the
department
under
this
section
shall
be
6
transmitted
to
the
treasurer
of
state
who
shall
deposit
the
7
money
in
the
juvenile
detention
home
fund
created
in
section
8
232.142
general
fund
of
the
state
.
Except
as
provided
in
9
section
321.210B,
a
temporary
restricted
license
shall
not
10
be
issued
or
a
driver’s
license
or
nonresident
operating
11
privilege
reinstated
until
the
civil
penalty
has
been
paid.
12
A
person
assessed
a
penalty
under
this
section
may
remit
the
13
civil
penalty
along
with
a
processing
fee
of
five
dollars
to
a
14
county
treasurer
authorized
to
issue
driver’s
licenses
under
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chapter
321M,
or
the
civil
penalty
may
be
paid
directly
to
the
16
department.
17
Sec.
422.
Section
321A.32A,
Code
2009,
is
amended
to
read
18
as
follows:
19
321A.32A
Civil
penalty
——
disposition
——
reinstatement.
20
When
the
department
suspends,
revokes,
or
bars
a
person’s
21
driver’s
license
or
nonresident
operating
privilege
under
this
22
chapter,
the
department
shall
assess
the
person
a
civil
penalty
23
of
two
hundred
dollars.
However,
for
persons
age
nineteen
or
24
under,
the
civil
penalty
assessed
shall
be
fifty
dollars.
The
25
money
collected
by
the
department
under
this
section
shall
be
26
transmitted
to
the
treasurer
of
state
who
shall
deposit
the
27
money
in
the
juvenile
detention
home
fund
created
in
section
28
232.142
general
fund
of
the
state
.
Except
as
provided
in
29
section
321.210B,
a
temporary
restricted
license
shall
not
30
be
issued
or
a
driver’s
license
or
nonresident
operating
31
privilege
reinstated
until
the
civil
penalty
has
been
paid.
32
A
person
assessed
a
penalty
under
this
section
may
remit
the
33
civil
penalty
along
with
a
processing
fee
of
five
dollars
to
a
34
county
treasurer
authorized
to
issue
driver’s
licenses
under
35
chapter
321M,
or
the
civil
penalty
may
be
paid
directly
to
the
1
department.
2
DIVISION
XLI
3
GUARDIAN
AD
LITEM
4
Sec.
423.
Section
232.2,
subsection
22,
Code
Supplement
5
2009,
is
amended
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
bb.
Unless
provided
otherwise
by
a
court
7
order
or
juvenile
court
having
jurisdiction
over
the
child,
a
8
guardian
ad
litem
may
obtain
the
information
required
under
9
paragraph
“b”
about
the
status
of
the
child
by
an
alternative
10
means
other
than
an
in-person
visit
or
interview,
provided
11
the
safety
of
the
child
is
not
jeopardized
by
use
of
the
12
alternative
means.
13
DIVISION
XLII
14
COUNTY
COMMISSIONS
OF
VETERAN
AFFAIRS
FUND
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Sec.
424.
Section
35A.16,
subsection
3,
paragraph
a,
Code
16
Supplement
2009,
is
amended
to
read
as
follows:
17
a.
If
sufficient
moneys
are
available,
the
department
18
shall
annually
allocate
ten
thousand
dollars
to
each
county
19
commission
of
veteran
affairs,
or
to
each
county
sharing
the
20
services
of
an
executive
director
or
administrator
pursuant
21
to
chapter
28E,
to
be
used
to
provide
services
to
veterans
22
pursuant
to
section
35B.6.
The
department
shall
implement
an
23
application
process
which
delineates
allowable
uses
for
grant
24
funding
and
provides
for
accountability
measures.
25
DIVISION
XLIII
26
DEPARTMENT
OF
CORRECTIONS
27
Sec.
425.
Section
904.106,
Code
2009,
is
amended
to
read
as
28
follows:
29
904.106
Meetings
——
expenses.
30
The
board
shall
meet
at
least
twelve
times
a
quarterly
31
throughout
the
year.
Special
meetings
may
be
called
by
the
32
chairperson
or
upon
written
request
of
any
three
members
of
the
33
board.
The
chairperson
shall
preside
at
all
meetings
or
in
the
34
chairperson’s
absence,
the
vice
chairperson
shall
preside.
The
35
members
of
the
board
shall
be
paid
their
actual
expenses
while
1
attending
the
meetings.
Each
member
of
the
board
may
also
be
2
able
to
receive
compensation
as
provided
in
section
7E.6.
3
Sec.
426.
Section
904.505,
Code
2009,
is
amended
by
adding
4
the
following
new
subsection:
5
NEW
SUBSECTION
.
4.
The
disciplinary
rules
may
impose
a
6
reasonable
administrative
fee
for
the
filing
of
a
report
of
a
7
major
disciplinary
rule
infraction
for
which
an
inmate
is
found
8
guilty.
A
fee
charged
pursuant
to
this
subsection
shall
be
9
deposited
in
the
general
fund
of
the
state.
10
Sec.
427.
CORRECTIONAL
FACILITY
CLOSURE.
The
department
11
of
corrections
shall
close
by
October
1,
2010,
the
Luster
12
Heights
facility,
which
is
a
satellite
facility
of
the
Anamosa
13
state
penitentiary,
and
farm
1
and
farm
3,
which
are
satellite
14
facilities
of
the
Iowa
state
penitentiary,
and
shall
transfer
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the
inmates
confined
at
such
facilities
to
other
institutions
16
under
the
control
of
the
department
of
corrections.
17
DIVISION
XLIV
18
STATE
PUBLIC
DEFENDER
19
Sec.
428.
Section
13B.2A,
Code
2009,
is
amended
by
striking
20
the
section
and
inserting
in
lieu
thereof
the
following:
21
13B.2A
Indigent
defense
——
report
——
court
appointed
counsel
22
fees.
23
1.
The
department
shall
file
a
written
report
every
24
three
years
with
the
governor
and
the
general
assembly
by
25
January
1
of
a
year
in
which
a
report
is
due
relating
to
the
26
recommendations
and
activities
of
the
department
relating
to
27
the
state
indigent
defense
system.
The
first
such
report
shall
28
be
due
on
January
1,
2012.
29
2.
The
report
shall
contain
recommendations
to
the
general
30
assembly
and
the
state
public
defender
regarding
the
hourly
31
rates
paid
to
court-appointed
counsel
and
per
case
fee
32
limitations.
These
recommendations
shall
be
consistent
with
33
the
constitutional
requirement
to
provide
effective
assistance
34
of
counsel
to
those
indigent
persons
for
whom
the
state
is
35
required
to
provide
counsel.
1
Sec.
429.
PUBLIC
DEFENDERS.
There
is
appropriated
from
the
2
general
fund
of
the
state
to
the
office
of
the
state
public
3
defender
of
the
department
of
inspections
and
appeals
for
the
4
fiscal
year
beginning
July
1,
2009,
and
ending
June
30,
2010,
5
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
6
used
for
the
purposes
designated:
7
For
additional
assistant
local
public
defender
positions,
8
including
salaries,
support,
maintenance,
and
miscellaneous
9
purposes:
10
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
640,000
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
8.00
12
Sec.
430.
WAPELLO
COUNTY
LOCAL
PUBLIC
DEFENDER
13
OFFICE.
There
is
appropriated
from
the
general
fund
of
14
the
state
to
the
office
of
the
state
public
defender
of
the
15
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department
of
inspections
and
appeals
for
the
fiscal
year
16
beginning
July
1,
2009,
and
ending
June
30,
2010,
the
following
17
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
18
purposes
designated:
19
For
establishing
a
local
public
defender
office
in
Wapello
20
county
pursuant
to
section
13B.8,
including
salaries,
support,
21
maintenance,
and
miscellaneous
purposes:
22
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
500,000
23
DIVISION
XLV
24
IOWA
LAW
ENFORCEMENT
ACADEMY
25
Sec.
431.
Section
80B.11B,
subsection
2,
Code
2009,
is
26
amended
to
read
as
follows:
27
2.
The
Iowa
law
enforcement
academy
may
also
charge
the
28
department
of
natural
resources
or
other
and
the
department
29
of
transportation
the
full
costs,
and
any
other
agency
or
30
department
of
the
state,
a
member
of
a
police
force
of
a
31
city
or
county,
or
any
political
subdivision
of
the
state
32
not
more
than
one-half
of
the
cost
,
of
providing
the
basic
33
training
course
which
is
designed
to
meet
the
minimum
basic
34
training
requirements
for
a
law
enforcement
officer.
All
35
other
candidates
to
the
law
enforcement
academy,
including
a
1
candidate
from
a
tribal
government,
shall
pay
the
full
costs
of
2
providing
the
basic
training
requirements
for
a
law
enforcement
3
officer.
4
Sec.
432.
IOWA
LAW
ENFORCEMENT
ACADEMY
——
PILOT
TRAINING
5
PROGRAM
——
PRIVATE
SECURITY
PERSONNEL.
The
Iowa
law
6
enforcement
academy,
subject
to
the
approval
of
the
Iowa
law
7
enforcement
academy
council,
shall
develop
and
administer
a
8
pilot
program
consisting
of
training
seminars
for
private
9
security
personnel.
The
pilot
program
shall
consist
of
fifty
10
hours
of
training
for
each
of
ten
trainees
at
a
cost
of
fifty
11
dollars
per
hour
of
training.
All
moneys
received
from
the
12
training
seminars
shall
be
deposited
in
the
general
fund
of
the
13
state.
14
DIVISION
XLVI
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DEPARTMENT
OF
PUBLIC
SAFETY
DIVISIONS
16
Sec.
433.
Section
80.17,
subsection
1,
paragraph
f,
Code
17
2009,
is
amended
by
striking
the
paragraph.
18
Sec.
434.
Section
124.510,
unnumbered
paragraph
2,
Code
19
2009,
is
amended
to
read
as
follows:
20
This
information
is
for
the
exclusive
use
of
the
division
of
21
narcotics
enforcement
criminal
investigation
in
the
department
22
of
public
safety,
and
shall
not
be
a
matter
of
public
record.
23
DIVISION
XLVII
24
DEPARTMENT
OF
PUBLIC
SAFETY
——
OFFICE
OF
DRUG
CONTROL
POLICY
25
Sec.
435.
Section
80.8,
subsection
3,
paragraph
a,
Code
26
2009,
is
amended
to
read
as
follows:
27
a.
The
salaries
of
peace
officers
and
employees
of
the
28
department
and
the
expenses
of
the
department
shall
be
provided
29
for
by
a
legislative
appropriation
,
except
the
salary
of
the
30
drug
policy
coordinator
shall
be
fixed
by
the
governor
as
31
provided
in
section
80E.1
.
The
compensation
of
peace
officers
32
of
the
department
shall
be
fixed
according
to
grades
as
to
rank
33
and
length
of
service
by
the
commissioner
with
the
approval
of
34
the
department
of
administrative
services,
unless
covered
by
a
35
collective
bargaining
agreement
that
provides
otherwise.
1
Sec.
436.
Section
80.9,
Code
2009,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
10.
The
department
shall
receive
and
review
4
the
budget
submitted
by
the
drug
policy
coordinator
and
assist
5
the
drug
policy
coordinator
in
directing
the
governor’s
office
6
of
drug
control
policy
pursuant
to
section
80E.1.
7
Sec.
437.
Section
80.17,
subsection
1,
Code
2009,
is
amended
8
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
g.
Office
of
drug
control
policy.
10
Sec.
438.
Section
80E.1,
subsection
1,
Code
2009,
is
amended
11
to
read
as
follows:
12
1.
The
office
of
drug
control
policy
is
established
in
the
13
department
of
public
safety.
A
drug
policy
coordinator
shall
14
be
appointed
by
the
governor,
subject
to
confirmation
by
the
15
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_____
senate,
and
shall
serve
at
the
pleasure
of
the
governor.
The
16
governor
shall
fill
a
vacancy
in
the
office
in
the
same
manner
17
as
the
original
appointment
was
made.
The
coordinator
shall
be
18
selected
primarily
for
administrative
ability.
The
coordinator
19
shall
not
be
selected
on
the
basis
of
political
affiliation
20
and
shall
not
engage
in
political
activity
while
holding
the
21
office.
The
salary
of
the
coordinator
shall
be
fixed
by
the
22
governor.
23
Sec.
439.
Section
80E.1,
subsection
2,
paragraph
a,
Code
24
2009,
is
amended
to
read
as
follows:
25
a.
Direct
the
governor’s
office
of
drug
control
policy,
26
and
coordinate
and
monitor
all
statewide
narcotics
enforcement
27
efforts,
coordinate
and
monitor
all
state
and
federal
substance
28
abuse
treatment
grants
and
programs,
coordinate
and
monitor
all
29
statewide
substance
abuse
prevention
and
education
programs
30
in
communities
and
schools,
and
engage
in
such
other
related
31
activities
as
required
by
law.
The
coordinator
shall
work
in
32
coordinating
the
efforts
of
the
department
of
corrections,
the
33
department
of
education,
the
Iowa
department
of
public
health,
34
the
department
of
public
safety,
and
the
department
of
human
35
services.
The
coordinator
shall
assist
in
the
development
1
and
implementation
of
local
and
community
strategies
to
fight
2
substance
abuse,
including
local
law
enforcement,
education,
3
and
treatment
activities.
4
Sec.
440.
Section
124.101,
subsection
21,
Code
Supplement
5
2009,
is
amended
to
read
as
follows:
6
21.
“Office”
means
the
governor’s
office
of
drug
control
7
policy,
as
referred
to
in
section
80E.1.
8
Sec.
441.
Section
135.130,
subsection
2,
Code
2009,
is
9
amended
to
read
as
follows:
10
2.
A
substance
abuse
treatment
facility
advisory
council
11
is
established
within
the
department
to
advise
and
make
12
recommendations
to
the
director
regarding
the
establishment
13
and
operation
of
a
facility
for
persons
with
a
substance
14
abuse
problem
who
are
on
probation
and
to
assist
with
the
15
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implementation
of
treatment
programs
that
are
proven
to
16
be
effective
for
offenders.
The
substance
abuse
treatment
17
facility
advisory
council
shall
consist
of
the
directors
of
the
18
eight
judicial
district
departments
of
correctional
services
19
and
one
representative
each
from
the
judicial
branch,
the
Iowa
20
department
of
public
health,
the
department
of
corrections,
and
21
the
governor’s
office
of
drug
control
policy.
22
Sec.
442.
Section
216A.132,
subsection
1,
paragraph
b,
Code
23
2009,
is
amended
to
read
as
follows:
24
b.
The
departments
of
human
services,
corrections,
and
25
public
safety,
the
division
on
the
status
of
African-Americans,
26
the
Iowa
department
of
public
health,
the
chairperson
of
27
the
board
of
parole,
the
attorney
general,
the
state
public
28
defender,
the
governor’s
office
of
drug
control
policy,
and
29
the
chief
justice
of
the
supreme
court
shall
each
designate
a
30
person
to
serve
on
the
council.
The
person
appointed
by
the
31
Iowa
department
of
public
health
shall
be
from
the
departmental
32
staff
who
administer
the
comprehensive
substance
abuse
program
33
under
chapter
125.
34
Sec.
443.
Section
216A.140,
subsection
5,
paragraph
h,
Code
1
Supplement
2009,
is
amended
to
read
as
follows:
2
h.
Governor’s
office
Office
of
drug
control
policy.
3
Sec.
444.
Section
602.8108,
subsection
4,
Code
Supplement
4
2009,
is
amended
to
read
as
follows:
5
4.
The
clerk
of
the
district
court
shall
remit
all
moneys
6
collected
from
the
drug
abuse
resistance
education
surcharge
7
provided
in
section
911.2
to
the
state
court
administrator
8
for
deposit
in
the
general
fund
of
the
state
and
the
amount
9
deposited
is
appropriated
to
the
governor’s
office
of
drug
10
control
policy
for
use
by
the
drug
abuse
resistance
education
11
program
and
other
programs
directed
for
a
similar
purpose.
12
DIVISION
XLVIII
13
STATE
GOVERNMENT
EFFICIENCY
REVIEW
COMMITTEE
14
Sec.
445.
NEW
SECTION
.
2.69
State
government
efficiency
15
review
committee
established.
16
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1.
A
state
government
efficiency
review
committee
is
17
established
which
shall
meet
at
least
every
four
years
to
18
review
the
operations
of
state
government.
The
committee
shall
19
meet
as
directed
by
the
legislative
council.
20
2.
a.
The
committee
shall
consist
of
three
members
of
the
21
senate
appointed
by
the
majority
leader
of
the
senate,
two
22
members
of
the
senate
appointed
by
the
minority
leader
of
the
23
senate,
three
members
of
the
house
of
representatives
appointed
24
by
the
speaker
of
the
house
of
representatives,
and
two
members
25
of
the
house
of
representatives
appointed
by
the
minority
26
leader
of
the
house
of
representatives.
27
b.
Members
shall
be
appointed
prior
to
January
31
of
the
28
first
regular
session
of
each
general
assembly
and
shall
serve
29
for
terms
ending
upon
the
convening
of
the
following
general
30
assembly
or
when
their
successors
are
appointed,
whichever
is
31
later.
A
vacancy
shall
be
filled
in
the
same
manner
as
the
32
original
appointment
and
shall
be
for
the
remainder
of
the
33
unexpired
term
of
the
vacancy.
34
c.
The
committee
shall
elect
a
chairperson
and
vice
35
chairperson.
1
3.
The
members
of
the
committee
shall
be
reimbursed
for
2
actual
and
necessary
expenses
incurred
in
the
performance
3
of
their
duties
and
shall
be
paid
a
per
diem
as
specified
4
in
section
7E.6
for
each
day
in
which
they
engaged
in
the
5
performance
of
their
duties.
However,
per
diem
compensation
6
and
expenses
shall
not
be
paid
when
the
general
assembly
is
7
actually
in
session
at
the
seat
of
government.
Expenses
and
8
per
diem
shall
be
paid
from
funds
appropriated
pursuant
to
9
section
2.12.
10
4.
The
committee
shall
do
the
following:
11
a.
Review
and
consider
options
for
reorganizing
state
12
government
to
improve
efficiency,
modernize
processes,
13
eliminate
duplication
and
outdated
processes,
reduce
costs,
and
14
increase
accountability.
The
review
shall
address
the
expanded
15
use
of
the
internet
and
other
technology,
and
the
incorporation
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of
productivity
improvement
measures.
17
b.
Review
recommendations
received
though
a
process
to
18
receive
state
government
efficiency
suggestions
offered
by
the
19
public
and
public
employees.
20
c.
Issue
a
report,
including
its
findings
and
21
recommendations,
to
the
general
assembly.
22
5.
The
first
report
required
by
this
section
shall
be
23
submitted
to
the
general
assembly
no
later
than
January
1,
24
2014,
with
subsequent
reports
developed
and
submitted
by
25
January
1
at
least
every
fourth
year
thereafter.
26
6.
Administrative
assistance
shall
be
provided
by
the
27
legislative
services
agency.
28
EXPLANATION
29
This
bill
concerns
state
government,
and
provides
for
30
reorganizing
government
agencies,
eliminating
boards
and
31
commissions,
providing
for
governmental
efficiencies,
and
32
including
other
matters
related
to
the
operation
of
state
33
government.
34
DIGITAL
GOVERNMENT.
35
DIVISION
I
——
GOVERNMENT
INFORMATION
TECHNOLOGY
SERVICES.
1
Division
I
concerns
information
technology
services.
2
The
division
also
modifies
provisions
relative
to
3
information
technology
services
provided
by
the
department
of
4
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
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information
technology
services.
17
Code
section
8A.201
is
amended
to
add
a
definition
18
for
infrastructure
services
as
it
relates
to
information
19
technology.
The
bill
defines
infrastructure
services
to
20
include
data
centers,
servers
and
mainframes,
wide
area
and
21
local
area
networks,
cybersecurity
functions,
and
disaster
22
recovery
technology.
23
Code
section
8A.201(4)
is
amended
to
provide
that
all
24
state
agencies
are
considered
participating
agencies
for
25
purposes
of
information
technology
services
provided
by
the
26
department
of
administrative
services.
Current
law
excludes
27
the
state
board
of
regents,
public
broadcasting,
the
state
28
department
of
transportation
mobile
radio
network,
the
29
department
of
public
safety
law
enforcement
communications
30
systems,
the
telecommunications
and
technology
commission
31
with
respect
to
information
technology
that
is
unique
to
the
32
Iowa
communications
network,
the
Iowa
lottery
authority,
a
33
judicial
district
department
of
correctional
services,
and
the
34
Iowa
finance
authority
from
the
definition
of
a
participating
35
agency.
1
New
Code
section
8A.201A
provides
for
the
appointment
of
2
the
chief
information
officer
(CIO).
The
new
Code
section
3
provides
that
the
CIO
shall
be
appointed
by
the
governor,
and
4
shall
have
at
least
five
years
of
experience
in
the
fields
of
5
information
technology
and
financial
management.
Code
section
6
8A.104(12),
which
provides
that
the
director
of
the
department
7
of
administrative
services
shall
serve
as
the
CIO
or
shall
8
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
can
14
be
granted
if
the
requesting
agency
can
obtain
or
provide
the
15
technology
more
economically
or
a
waiver
would
be
in
the
best
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interests
of
the
state.
17
Code
section
8A.203,
concerning
the
powers
and
duties
of
18
the
director
of
the
department
as
it
relates
to
information
19
technology,
is
amended
to
provide
that
these
powers
and
duties
20
are
granted
to
the
CIO
in
consultation
with
the
director.
The
21
section
is
also
amended
to
add
duties
for
the
CIO
relative
to
22
operating
the
information
technology
aspects
of
the
department,
23
rulemaking,
and
entering
into
contracts.
24
Code
section
8A.204,
establishing
the
technology
governance
25
board,
is
amended
to
provide
for
a
technology
advisory
council.
26
The
bill
establishes
the
membership
of
the
council
and
provides
27
that
the
council’s
primary
role
is
to
advise
the
CIO
and
the
28
department
concerning
information
technology
services.
29
Code
section
8A.205,
concerning
digital
government,
is
30
amended
to
provide
that
the
department
shall
assist
agencies
in
31
converting
printed
government
materials
to
electronic
materials
32
which
can
be
accessed
through
an
internet
searchable
database.
33
Code
section
8A.207,
concerning
the
procurement
of
34
information
technology,
is
amended
to
provide
that
the
35
department
shall
be
the
sole
provider
of
infrastructure
1
services
to
state
agencies
and
shall
develop
policies
2
and
procedures
that
apply
to
all
information
technology
3
acquisitions
by
state
agencies.
4
Code
section
8A.221,
establishing
the
IowAccess
advisory
5
council,
is
rewritten
by
the
bill.
The
bill
eliminates
6
the
advisory
council
and
provides
that
the
department
shall
7
establish
IowAccess
and
shall
have
the
powers
relative
to
8
IowAccess
previously
granted
the
IowAccess
advisory
council
9
relative
to
setting
rates
and
approving
projects.
10
Code
section
8A.223,
providing
for
an
annual
technology
11
audit
of
the
electronic
transmission
system
by
which
government
12
records
are
transmitted
electronically
to
the
public,
is
13
repealed
and
the
requirement
in
Code
section
8A.111
to
submit
14
an
annual
report
concerning
the
audit
is
stricken.
15
The
division
directs
the
department
of
administrative
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services
to
consult
with
and
explore
opportunities
with
the
17
legislative
and
judicial
branches
of
government
relative
to
the
18
providing
of
information
technology
services
to
those
branches
19
of
government.
20
This
division
of
the
bill
also
requires
the
chief
21
information
officer
of
the
state
to
conduct
a
study
regarding
22
convenience
fees
charged
by
state
agencies
by
credit
or
debit
23
card
or
other
electronic
means
of
payment.
The
study
shall
24
determine
the
fees
charged
and
the
revenue
generated
by
the
25
fees,
and
shall
explore
ways
to
reduce
or
eliminate
these
fees.
26
The
division
of
the
bill
also
directs
state
agencies
to
27
utilize
electronic
mail
to
notify
holders
of
permits
and
28
licenses
that
the
license
or
permit
needs
to
be
renewed.
29
DIVISION
II
——
ELECTRONIC
RECORDS.
Code
section
7A.11A,
30
concerning
reports
to
the
general
assembly,
is
amended
to
31
eliminate
the
requirement
that
a
printed
copy
of
all
reports
32
be
filed
with
the
general
assembly.
The
requirement
to
file
33
reports
electronically
remains.
34
The
division
of
the
bill
provides
that
the
departments
of
35
administrative
services
and
cultural
affairs,
in
consultation
1
with
the
state
records
commission,
shall
conduct
a
study
on
and
2
make
recommendations
for
the
creation,
storage,
and
retention
3
of
state
agency
records
in
an
electronic
format
and
shall
4
submit
a
report
containing
the
recommendations
to
the
general
5
assembly
by
December
15,
2010.
In
conducting
the
study,
the
6
departments
shall
collect
and
assess
information
from
each
7
state
agency
that
includes
an
inventory
of
each
agency’s
8
records
including
the
types
of
agency
records
as
well
as
agency
9
records
series
retention
and
disposition
schedules.
The
10
assessment
shall
include
agency
records
identified
as
having
11
permanent
historical
value
by
the
state
records
commission.
12
The
departments
shall
also
describe
in
the
report
what
13
efficiencies
and
cost-saving
efforts
could
be
achieved
through
14
the
creation,
storage,
and
maintenance
of
such
records
in
an
15
electronic
format.
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DIVISION
III
——
PUBLICATION
MODERNIZATION.
The
bill
amends
17
a
number
of
provisions
which
allow
the
legislative
council
18
and
the
legislative
services
agency
to
control
information
19
used
to
publish
official
legal
publications
(the
Iowa
Acts,
20
the
Iowa
Code,
the
Iowa
administrative
bulletins,
the
Iowa
21
administrative
code,
and
the
Iowa
court
rules).
The
bill
22
provides
for
their
publication
and
official
designation,
23
including
production
and
distribution
in
an
electronic
or
24
printed
form,
and
for
their
official
publication
date
for
25
editing
and
revision
changes.
The
bill
provides
procedures
26
for
payment
by
persons
receiving
or
purchasing
legislative
27
services
agency
publications
and
authorizes
the
creation
28
of
a
publications
revolving
fund.
The
bill
provides
for
29
the
publication
of
the
entire
Iowa
Code
each
year
or
the
30
Iowa
Code
and
the
Code
Supplement
in
alternating
years.
It
31
updates
provisions
to
conform
with
current
practice
including
32
detailing
the
contents
of
the
publications.
It
accounts
for
33
computer
programming
necessary
to
distribute
publications
in
an
34
electronic
format,
and
provides
for
citing
and
authenticating
35
provisions
in
those
publications
in
order
to
conform
to
current
1
practice
and
to
better
accommodate
electronic
publication.
2
The
bill
amends
provisions
requiring
state
agencies
to
3
deposit
copies
of
state
publications
with
the
department
of
4
education’s
division
of
libraries
and
information
services,
by
5
requiring
that
the
publications
be
provided
in
an
electronic
6
format.
7
DIVISION
IV
——
ELECTRONIC
PUBLICATION
OF
PUBLIC
NOTICES.
8
Division
IV
of
the
bill
relates
to
the
publication
of
notices,
9
actions,
and
other
information
by
governmental
bodies,
as
10
defined
in
the
division.
Under
the
division,
a
governmental
11
body
that
is
required
by
statute
to
publish,
or
post
in
a
12
public
place,
a
notice,
action,
or
other
information,
may,
in
13
lieu
of
such
requirements,
post
the
notice,
action,
or
other
14
information
on
an
internet
site
if
posting
such
information
on
15
an
internet
site
has
been
authorized,
by
ordinance,
resolution,
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or
other
official
action
of
the
governmental
body
and
the
type
17
of
notice,
action,
or
other
information
required
to
be
posted
18
is
identified
in
the
ordinance,
resolution,
or
other
official
19
action.
The
governmental
body
must
also
identify
a
location
20
where
such
notice,
action,
or
information
will
be
available
for
21
public
inspection.
22
The
division
does
not
allow
notices
under
Code
chapter
6B
23
(“Procedure
Under
Eminent
Domain”),
notices
under
Code
chapter
24
17A,
notices
provided
under
the
rules
of
civil
procedure,
or
25
any
notice
required
to
be
given
by
personal
service
to
be
26
posted
on
an
internet
site
in
lieu
of
publication
or
service.
27
The
division
requires
notices,
actions,
or
other
information
28
posted
on
an
internet
site
to
include
all
information
otherwise
29
required
to
be
published
and
requires
compliance
with
all
30
provisions
relating
to
the
date
of
publication.
31
The
division
also
requires
an
internet
site
used
to
post
32
notices,
actions,
and
other
information
to
be
operated
and
33
maintained
by
the
governmental
body;
accessible
at
all
times
by
34
the
public,
including
the
visually
impaired;
accessible
to
the
35
public
without
charge;
and
searchable.
All
information
posted
1
on
an
internet
site
under
the
division
shall
be
maintained
2
and
accessible
through
the
same
internet
site
address
for
as
3
long
as
required
by
law
or
as
long
as
such
information
is
4
customarily
maintained
by
the
governmental
body,
whichever
is
5
longer.
6
The
division
requires
a
governmental
body
to
make
all
7
information
posted
on
the
internet
site,
in
lieu
of
publication
8
or
posting
in
a
public
place,
available
in
a
paper
format
in
9
the
governmental
body’s
office.
10
STATE
BUDGETING
AND
PERSONNEL
PRACTICES.
11
DIVISION
V
——
STATE
BUDGETING
AND
PERSONNEL.
Code
section
12
8.36A,
concerning
full-time
equivalent
(FTE)
positions,
is
13
amended
to
provide
that
state
agencies
shall
not
convert
FTE
14
positions
into
contract
positions
and
that
state
agencies
15
shall
have
their
FTE
position
authorization
reduced
if
a
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position
remains
unfilled
and
vacant
for
six
months.
The
bill
17
provides
that
the
state
agency
can
request
the
director
of
the
18
department
of
management
to
allow
the
conversion
of
an
FTE
to
19
a
contract
position
if
the
conversion
will
provide
comparable
20
or
increased
services
at
reduced
cost
or
to
permit
the
agency
21
to
retain
a
vacant
FTE
position
if
the
position
is
hard
to
fill
22
and
critical
to
the
agency.
23
Code
section
8.62,
concerning
the
use
of
retained
reversion
24
money
for
employee
training,
is
amended
to
provide
that
25
an
agency
can
use
such
reversion
money
for
internet-based
26
training.
Current
law
does
not
specify
that
the
training
be
27
internet-based.
28
Code
section
8A.413
is
amended
to
require
the
department
of
29
administrative
services
to
adopt
merit
system
rules
for
the
30
development
and
operation
of
programs
within
the
executive
31
branch
to
promote
job
sharing,
telecommuting,
and
flex-time
32
employment
opportunities.
33
This
division
of
the
bill
also
requires
each
judicial
34
district
department
of
correctional
services
to
utilize
the
35
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
of
the
8
contracts
entered
into
or
revised
during
the
fiscal
year
are
9
required
to
incorporate
quality
assurance
and
cost
control
10
measures.
The
training
tracking
is
also
required
to
be
further
11
detailed
to
reflect
training
categories
and
the
report
to
12
address
the
use
of
electronically
based
training.
13
This
division
of
the
bill
also
directs
each
joint
14
appropriations
subcommittee
of
the
general
assembly
to
conduct
15
a
review
of
fees
charged
by
agencies
within
the
purview
of
that
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budget
subcommittee.
17
DIVISION
VI
——
SPAN
OF
CONTROL.
This
division
revises
18
provisions
contained
in
the
2009
Iowa
Acts
revising
state
19
human
resource
management
requirements
under
the
department
of
20
administrative
services
in
Code
section
8A.402
for
the
span
of
21
control
of
supervisory
employees
in
the
executive
branch.
22
The
term
“supervisory
employee”
is
defined
to
mean
a
23
public
employee
who
has
authority,
in
the
interest
of
a
24
public
employer,
to
hire,
transfer,
suspend,
lay
off,
recall,
25
promote,
discharge,
assign,
reward,
or
discipline
other
public
26
employees,
the
responsibility
to
direct
such
employees,
or
to
27
adjust
the
grievances
of
such
employees,
or
to
effectively
28
recommend
any
listed
action.
A
supervisory
employee
is
not
29
a
member
of
a
collective
bargaining
unit.
If
a
supervisory
30
employee
is
being
laid
off
as
part
of
expanding
the
number
31
of
employees
in
the
ratio
of
supervisory
employees
to
other
32
employees,
the
supervisory
employee
does
not
have
the
right
33
to
replace
or
bump
a
junior
employee
not
being
laid
off
for
a
34
position
for
which
the
supervisory
employee
is
qualified.
35
Current
law
provides
for
an
executive
branch
policy
to
have
1
an
aggregate
ratio
in
the
number
of
employees
per
supervisory
2
employee
of
14
to
one
by
the
target
date
of
July
1,
2011.
The
3
bill
instead
provides
for
a
ratio
of
15
to
one
by
fiscal
year
4
2011-2012,
with
an
annual
incremental
increase
in
the
ratio
by
5
one
until
the
ratio
becomes
20
to
one
by
fiscal
year
2016-2017.
6
Current
law
allows
a
small
agency
with
not
more
than
28
7
full-time
equivalent
employees
to
apply
for
an
exception.
8
The
bill
allows
an
additional
exception
when
the
supervisory
9
employee
ratio
is
subject
to
a
federal
requirement.
10
The
bill
also
provides
that
if
layoffs
are
implemented,
the
11
number
of
middle
management
position
layoffs
are
to
correspond
12
to
the
relative
number
of
direct
service
position
layoffs.
The
13
state
system
is
required
to
improve
by
specifically
defining
14
and
accounting
for
supervisory
employees
span
of
control.
15
Reporting
requirements
are
extended
to
cover
the
multiyear
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period
addressed
by
the
bill.
17
The
exemption
from
the
span
of
control
requirements
for
18
the
state
board
of
regents,
department
of
human
services,
19
and
judicial
district
department
of
correctional
services
is
20
removed.
21
The
division
takes
effect
upon
enactment.
22
ADMINISTRATION
AND
REGULATION.
23
DIVISION
VII
——
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
——
24
PURCHASING.
Division
VII
of
the
bill
concerns
purchasing
items
25
through
and
by
the
department
of
administrative
services.
26
Code
section
8A.302(1),
concerning
the
purchase
of
items
of
27
general
use,
is
amended
to
eliminate
the
general
exemption
from
28
the
requirement
to
purchase
these
items
from
the
department
of
29
administrative
services
for
the
department
of
transportation,
30
institutions
under
the
control
of
the
state
board
of
regents,
31
the
department
for
the
blind,
and
any
other
agencies
otherwise
32
exempted.
The
bill
does
authorize
the
department
to
allow
33
these
agencies
to
purchase
these
items
without
utilizing
the
34
department
of
administrative
services
if
in
the
best
interests
35
of
the
state.
A
corresponding
change
is
made
to
Code
section
1
307.21
to
provide
that
the
department
of
transportation
2
may
utilize
centralized
purchasing
for
itself
only
if
the
3
department
of
administrative
services
so
authorizes.
4
Code
section
8A.311(10),
concerning
the
authority
of
5
agencies
to
obtain
services
directly
from
a
vendor,
is
amended
6
to
require
the
agency
to
obtain
approval
from
the
department
7
to
purchase
directly
from
a
vendor.
In
addition,
the
bill
8
requires
that
a
waiver
may
be
granted
if
purchasing
from
a
9
vendor
is
more
economical,
and
not
just
as
economical.
10
New
Code
section
8A.311A
provides
authority
to
the
11
department
of
administrative
services
to
require
agencies
to
12
purchase
goods
or
services
of
general
use
as
designated
by
13
the
department
pursuant
to
a
master
contract
negotiated
by
14
the
department.
The
new
Code
section
also
gives
governmental
15
subdivisions
the
option
to
purchase
goods
and
services
pursuant
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to
the
contract.
The
new
Code
section
provides
that
the
17
department
shall
negotiate
master
contracts
for
a
particular
18
service
if
the
department
determines
that
a
high-quality
19
good
or
service
can
be
acquired
by
agencies
and
governmental
20
subdivisions
at
lower
cost
through
negotiation
of
a
master
21
contract.
The
bill
provides
that
an
agency
can
directly
22
purchase
the
item
from
a
vendor
if
the
department
determines
23
that
the
agency
satisfies
the
requirements
for
a
direct
24
purchase
otherwise
provided
in
Code
section
8A.311(10)
or
is
25
acquired
pursuant
to
an
existing
service
contract.
26
This
division
of
the
bill
also
directs
the
department
of
27
administrative
services
to
require
agencies
to
provide
the
28
department
of
administrative
services
with
reports
about
what
29
agencies
plan
to
buy
on
an
annual
basis,
require
agencies
30
to
report
on
an
annual
basis
about
efforts
to
standardize
31
products
and
services
within
their
own
agencies
and
with
32
other
state
agencies,
require
all
employees
who
conduct
33
bids
for
services
to
receive
training
on
an
annual
basis
34
about
procurement
rules
and
regulations
and
procurement
best
35
practices,
identify
procurement
compliance
employees
within
1
the
department
of
administrative
services,
review
the
process
2
and
basis
for
establishing
department
of
administrative
3
services
fees
for
purchasing,
establish
a
work
group
to
4
collaborate
on
best
practices
to
implement
the
best
cost
5
savings
for
the
state,
explore
interstate
and
intergovernmental
6
purchasing
opportunities
and
encourage
the
legislative
and
7
judicial
branches
to
participate
in
consolidated
purchasing
8
and
efficiencies
wherever
possible,
and
to
expand
the
use
of
9
procurement
cards.
10
DIVISION
VIII
——
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
——
11
OPERATIONS.
Division
VIII
of
this
bill
concerns
operations
12
of
the
department
of
administrative
services.
13
Code
section
8A.104,
concerning
the
duties
of
the
director
14
of
the
department,
is
amended
to
provide
that
a
duty
of
the
15
director
is
to
examine
and
develop
best
practices
for
the
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efficient
operation
of
government
and
to
encourage
state
17
agencies
to
adopt
and
implement
these
practices.
18
New
Code
section
8A.459
provides
that
all
state
employees,
19
by
July
1,
2011,
shall
receive
their
pay
and
allowances
through
20
electronic
funds
transfer.
The
new
Code
section
allows
state
21
employees
to
receive
their
pay
and
allowances
through
a
paper
22
warrant
but
only
after
paying
the
department
an
administrative
23
fee
for
processing
such
paper
warrants.
The
bill
does
allow
24
the
department
to
grant
a
waiver
from
paying
the
administrative
25
fee.
26
This
division
of
the
bill
also
requires
the
department
of
27
administrative
services
to
study
ways
to
streamline
the
hiring
28
process
for
personnel
within
state
agencies.
29
The
division
also
requires
the
department
to
conduct
an
30
audit
of
real
estate
and
leases
of
state
government,
study
the
31
possibility
of
selling
and
leasing
back
government
properties,
32
and
to
submit
a
report
to
the
general
assembly
by
January
1,
33
2011,
concerning
these
audits
and
studies.
34
DIVISION
IX
——
ALCOHOLIC
BEVERAGES
DIVISION
——
35
REORGANIZATION.
This
division
of
this
bill
transfers
the
1
alcoholic
beverages
division
from
the
department
of
commerce
2
to
the
department
of
revenue.
3
DIVISION
X
——
ALCOHOLIC
BEVERAGES
DIVISION
——
OPERATIONS.
4
This
division
concerns
certain
operations
of
the
alcoholic
5
beverages
division.
6
This
division
of
the
bill
requires
the
administrator
of
the
7
alcoholic
beverages
division
of
the
department
of
commerce
8
to
close
the
main
state
warehouse
keeping
alcoholic
liquors
9
every
Friday
for
FY
2010-2011
with
the
authority
to
extend
this
10
closure
requirement
for
an
additional
fiscal
year.
The
bill
11
authorizes
the
administrator
to
keep
the
warehouse
open
on
12
designated
Fridays
if
anticipated
sales
on
that
Friday
justify
13
keeping
the
warehouse
open.
14
This
division
also
restricts
the
number
of
checks
conducted
15
to
ensure
licensed
retail
establishment
compliance
with
tobacco
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laws,
regulations,
and
ordinances
applicable
to
minors
to
one
17
such
check
for
the
fiscal
year
beginning
July
1,
2010,
and
18
ending
June
30,
2011.
The
compliance
checks
are
conducted
19
pursuant
to
the
terms
of
a
Code
chapter
28D
agreement
entered
20
into
between
the
division
of
tobacco
use
prevention
and
control
21
of
the
Iowa
department
of
public
health
and
the
alcoholic
22
beverages
division
of
the
department
of
commerce.
Pursuant
23
to
the
terms
of
the
current
agreement
the
alcoholic
beverages
24
divisions
contracts
with
state
and
local
law
enforcement
to
25
conduct
two
compliance
checks
per
licensed
retail
establishment
26
per
fiscal
year.
27
DIVISION
XI
——
ALCOHOLIC
BEVERAGES
DIVISION
——
DIRECT
28
SHIPMENT
OF
WINE.
This
division
of
the
bill
authorizes
the
29
direct
shipment
of
wine
from
out-of-state
wine
manufacturers
to
30
residents
of
this
state
under
specified
circumstances.
31
Current
law
provides
that
a
winery
licensed
or
permitted
32
pursuant
to
laws
regulating
alcoholic
beverages
in
another
33
state
which
affords
Iowa
an
equal
reciprocal
shipping
privilege
34
may
ship
into
this
state
by
private
common
carrier,
to
a
person
35
21
years
of
age
or
older,
not
more
than
18
liters
of
wine
1
per
month,
for
consumption
or
use
by
the
person.
This
bill
2
removes
the
requirement
or
condition
of
reciprocity,
such
that
3
a
wine
manufacturer
in
any
state
may
ship
wine
directly
to
Iowa
4
residents,
subject
to
the
terms
and
conditions
specified
in
the
5
bill.
6
The
bill
provides
that
a
wine
manufacturer
licensed
or
7
permitted
pursuant
to
laws
regulating
alcoholic
beverages
8
in
another
state
must
obtain
a
wine
direct
shipper
license
9
to
directly
ship
wine
to
Iowa
residents.
A
license
may
be
10
obtained
upon
receipt
by
the
administrator
of
the
alcoholic
11
beverages
division
of
the
department
of
commerce
of
a
written
12
application
from
a
wine
manufacturer,
accompanied
by
a
true
13
copy
of
the
manufacturer’s
current
alcoholic
beverage
license
14
issued
in
another
state,
and
a
copy
of
the
manufacturer’s
15
winery
license
issued
by
the
federal
alcohol
and
tobacco
tax
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and
trade
bureau.
A
$25
license
fee
is
additionally
required,
17
and
the
bill
specifies
that
a
license
may
be
annually
renewed
18
if
the
information
originally
submitted
is
resubmitted
each
19
year
together
with
the
$25
fee.
20
The
bill
imposes
certain
requirements
and
restrictions
21
upon
the
direct
shipment
of
wine.
The
bill
provides
that
22
no
more
than
18
liters
of
wine
may
be
shipped
per
month
by
23
a
wine
direct
shipper
licensee
to
an
Iowa
resident
21
years
24
of
age
or
older,
for
the
resident’s
personal
use
and
not
for
25
resale.
Additionally,
the
wine
must
be
properly
registered
26
with
the
federal
alcohol
and
tobacco
tax
and
trade
bureau,
and
27
manufactured
on
the
winery
premises
of
the
wine
direct
shipper
28
licensee.
The
bill
further
specifies
that
all
containers
of
29
direct
shipped
wine
must
be
conspicuously
labeled
with
the
30
words
CONTAINS
ALCOHOL:
SIGNATURE
OF
PERSON
AGE
21
OR
OLDER
31
REQUIRED
FOR
DELIVERY
or
alternative
preapproved
wording,
and
32
that
the
containers
be
shipped
by
a
licensed
alcohol
carrier.
33
The
bill
requires
a
direct
shipper
licensee
to
remit
to
34
the
division
an
amount
equivalent
to
the
$1.75
per
gallon
35
wine
gallonage
tax
for
deposit
in
the
beer
and
liquor
control
1
fund
created
in
Code
section
123.53,
and
subject
to
the
same
2
time,
manner,
and
penalty
requirements
or
provisions
as
are
3
otherwise
applicable
to
the
tax.
The
bill
maintains
sales
and
4
use
tax
exemptions,
and
refund
value
exemptions,
currently
5
applicable
to
reciprocal
shipments
of
wine
in
Code
section
6
123.187.
Additionally,
the
bill
provides
that
a
direct
shipper
7
licensee
shall
be
deemed
to
have
consented
to
the
jurisdiction
8
of
the
division
or
any
other
agency
or
court
in
the
state,
and
9
that
the
division
may
perform
an
audit
of
shipping
records
upon
10
request.
11
The
bill
specifies
that
an
alcohol
carrier
license
shall
12
be
issued
subject
to
requirements,
fees,
and
upon
application
13
forms
to
be
determined
by
the
administrator
by
rule.
An
14
alcohol
carrier
licensee
shall
not
be
authorized
to
deliver
15
wine
to
any
person
under
21
years
of
age,
or
to
any
person
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who
either
is
or
appears
to
be
in
an
intoxicated
state
or
17
condition.
The
bill
requires
a
licensee
to
obtain
valid
proof
18
of
identity
and
age
prior
to
delivery,
and
the
signature
of
an
19
adult.
The
bill
imposes
specified
recordkeeping
requirements
20
as
a
condition
of
maintaining
an
alcohol
carrier
license.
21
The
bill
maintains
the
current
provision
that
the
holder
of
22
a
permit
for
the
sale
or
manufacture
and
sale
of
wine
issued
23
by
the
division
shall
be
authorized
under
that
permit
to
ship
24
out
of
state
by
private
common
carrier,
to
a
person
21
years
of
25
age
or
older,
not
more
than
18
liters
of
wine
per
month,
for
26
consumption
or
use
by
the
person.
27
The
bill
subjects
violators
of
the
bill’s
provisions
to
the
28
license
suspension
and
revocation
provisions,
and
civil
penalty
29
provisions,
otherwise
applicable
to
permittees
in
Code
section
30
123.39.
31
DIVISION
XII
——
DEPARTMENT
OF
HUMAN
RIGHTS
——
32
REORGANIZATION.
This
division
of
this
bill
concerns
33
the
department
of
human
rights.
The
bill
reorganizes
the
34
department
into
three
divisions,
the
new
division
of
community
35
advocacy
and
services,
the
current
division
of
community
1
action
agencies,
and
the
current
division
of
criminal
and
2
juvenile
justice
planning.
The
current
divisions
of
Latino
3
affairs,
status
of
women,
persons
with
disabilities,
deaf
4
services,
status
of
African
Americans,
Iowans
of
Asian
and
5
Pacific
Islander
heritage,
and
Native
American
affairs,
6
are
redesignated
as
offices
and
are
included
within
the
new
7
division
of
community
advocacy
and
services.
The
bill
also
8
provides
that
the
administrators
of
the
various
divisions
9
of
the
department,
currently
appointed
by
the
governor,
10
are
eliminated.
However,
administrators
appointed
by
the
11
department
director
are
retained
for
the
three
remaining
12
divisions.
In
addition,
except
for
the
commission
on
Native
13
American
affairs,
all
commissions
within
the
new
division
of
14
community
advocacy
and
services
are
limited
to
seven
voting
15
members.
The
current
human
rights
administrative-coordinating
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council
is
stricken
and
replaced
with
a
human
rights
board.
17
In
addition,
the
bill
reassigns
duties
and
responsibilities
18
between
the
offices
and
commissions
within
the
department.
The
19
various
subchapters
of
Code
chapter
216A
are
amended
by
the
20
bill
as
follows:
21
ADMINISTRATION:
22
Code
section
216A.1
is
amended
to
establish
that
the
23
department
consists
of
three
new
divisions,
the
division
of
24
community
advocacy
and
services,
the
division
of
community
25
action
agencies,
and
the
division
of
criminal
and
juvenile
26
justice
planning,
and
renames
the
current
divisions
now
27
included
within
the
division
of
community
advocacy
and
services
28
of
the
department
as
offices.
29
Code
section
216A.2,
concerning
the
department
director
and
30
administrators,
is
amended.
The
bill
maintains
current
law
31
that
provides
that
the
director
of
the
department
of
human
32
rights
is
appointed
by
the
governor,
subject
to
confirmation
33
by
the
senate.
However,
the
bill
provides
that
the
current
34
administrators
of
the
various
divisions
of
the
department,
35
appointed
by
the
governor,
are
eliminated.
In
addition,
the
1
bill
also
provides
that
the
department
director
is
responsible
2
for
appointing
the
personnel
of
the
department.
The
rewritten
3
Code
section
also
provides
that
the
department
director
has
4
the
authority
to
solicit
gifts
on
behalf
of
the
department,
5
commissions,
or
offices,
and
can
enter
into
contracts,
and
6
issue
reports
on
behalf
of
the
department.
7
Code
section
216A.3,
concerning
the
human
rights
8
administrative-coordinating
council,
is
stricken
and
replaced
9
with
a
human
rights
board.
The
new
board
consists
of
nine
10
voting
members
and
five
nonvoting
members.
The
nine
voting
11
members
shall
be
selected
by
the
applicable
permanent
12
commissions
and
councils
of
the
department
and
two
additional
13
voting
members
shall
be
appointed
by
the
governor.
The
14
nonvoting
members
shall
consist
of
the
director
of
the
15
department
and
four
members
of
the
general
assembly.
Current
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law
provides
that
the
administrator
of
each
division
of
the
17
department
is
a
member
of
the
eliminated
council.
The
bill
18
provides
that
the
duties
of
the
board
include
adopting
the
19
proposed
budget
for
the
department,
adopting
rules
of
the
20
department,
and
developing
a
comprehensive
strategic
plan
for
21
the
department.
The
bill
also
provides
that
any
substantive
22
action
taken
by
the
board
must
be
adopted
by
a
two-thirds
vote.
23
New
Code
section
216A.7
provides
that
the
director
or
an
24
administrator
of
one
of
the
divisions
created
by
this
bill
25
shall
have
access
to
nonconfidential
information
of
state
26
entities
that
is
relevant
to
the
department
upon
request.
27
DIVISION
OF
LATINO
AFFAIRS:
28
The
bill
renames
the
division
of
Latino
affairs
as
the
office
29
of
Latino
affairs
and
eliminates
the
administrator
position.
30
Code
section
216A.12,
concerning
the
commission
of
Latino
31
affairs,
is
amended
by
the
bill.
The
bill
provides
that
the
32
commission
shall
consist
of
seven
and
not
nine
members,
shall
33
meet
at
least
quarterly
each
year,
and
establishes
a
mechanism
34
for
a
member
not
to
vote
on
a
matter
in
which
the
person
has
35
a
conflict
of
interest.
Code
section
216A.13,
concerning
the
1
organization
of
the
commission,
is
repealed
and
the
substance
2
of
that
Code
section
is
moved
to
the
rewritten
Code
section
3
216A.12.
4
Code
section
216A.14,
concerning
commission
employees,
is
5
stricken
and
rewritten
by
the
bill.
Current
law
granting
6
authority
to
the
commission
to
employ
personnel
is
stricken
7
as
this
authority
is
provided
to
the
department
director
in
8
the
bill.
The
rewritten
Code
section
provides
for
the
duties
9
of
the
office
of
Latino
affairs.
The
bill
transfers
to
the
10
office
current
duties
of
the
commission
concerning
assistance
11
to
state
agencies
and
other
public
organizations
relative
to
12
Latino
persons,
training,
and
work.
The
bill
eliminates
the
13
requirement
to
establish
a
Latino
information
center.
14
Code
section
216A.15,
concerning
the
duties
of
the
15
commission
on
Latino
affairs,
is
amended
to
strike
those
duties
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transferred
to
the
office
of
Latino
affairs.
In
addition,
the
17
bill
also
strikes
the
authority
of
the
commission
to
adopt
18
rules.
19
Code
section
216A.16,
concerning
commission
powers
to
accept
20
gifts,
solicit
grants,
and
enter
into
contracts,
and
Code
21
section
216A.17,
concerning
a
commission
biennial
report,
are
22
repealed
by
the
bill.
23
DIVISION
ON
THE
STATUS
OF
WOMEN:
24
The
bill
renames
the
division
on
the
status
of
women
as
the
25
office
on
the
status
of
women
and
eliminates
the
administrator
26
position.
27
Code
section
216A.52,
creating
the
commission
on
the
status
28
of
women,
Code
section
216A.53,
concerning
commission
terms
of
29
office,
and
Code
section
216A.54,
concerning
the
meetings
of
30
the
commission,
are
stricken
and
the
Code
sections
rewritten
31
by
the
bill.
32
Rewritten
Code
section
216A.52
establishes
the
duties
of
33
the
office
on
the
status
of
women
which
include
some
duties
34
currently
assigned
to
the
commission.
The
bill
provides
that
35
the
office
shall
serve
as
the
primary
advocate
for,
and
shall
1
provide
assistance
and
information
relative
to,
women
and
2
girls.
3
Rewritten
Code
section
216A.53
establishes
the
commission.
4
Provisions
of
current
Code
sections
216A.52,
216A.53,
and
5
216A.54,
are
modified
and
included
in
this
rewritten
Code
6
section.
The
bill
changes
current
law
by
reducing
the
number
7
of
commission
members
from
13
to
seven,
providing
that
all
8
members
must
reside
in
Iowa
and
that
the
commission
must
meet
9
at
least
quarterly,
instead
of
at
least
six
times
per
year.
10
The
rewritten
Code
section
also
specifies
what
constitutes
a
11
quorum,
what
vote
is
necessary
for
substantive
action,
and
12
includes
a
conflict
of
interest
provision
for
members.
13
Rewritten
Code
section
216A.54
establishes
the
powers
and
14
duties
of
the
commission.
The
Code
section
provides
that
the
15
commission
shall
study
opportunities
for
and
changing
needs
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of
women
and
girls,
serve
as
a
liaison
between
the
office
and
17
the
public,
recommend
rules
for
the
commission
and
office,
the
18
new
human
rights
board,
and
recommend
proposed
policies
and
19
legislation.
20
Code
section
216A.55,
concerning
the
objectives
of
the
21
commission,
and
Code
section
216A.56,
concerning
the
authority
22
of
the
commission
to
employ
personnel
and
set
the
budget,
are
23
repealed
by
the
bill.
24
Code
sections
216A.57
and
216A.58,
concerning
the
duties
and
25
authority
of
the
commission,
are
repealed.
Current
law
allowed
26
the
commission
to
hold
hearings,
enter
into
contracts,
and
27
accept
grants
of
money
or
property.
28
Code
section
216A.59,
concerning
access
to
information,
29
is
repealed.
The
authority
granted
in
this
Code
section
is
30
provided
to
the
department
director
and
administrators
of
the
31
department,
in
new
Code
section
216A.7.
32
Code
section
216A.60,
concerning
a
commission
annual
report,
33
is
repealed.
34
DIVISION
OF
PERSONS
WITH
DISABILITIES:
35
The
bill
renames
the
division
of
persons
with
disabilities
1
as
the
office
of
persons
with
disabilities
and
eliminates
the
2
administrator
position.
3
Code
section
216A.72
is
stricken
and
rewritten
by
the
4
bill
to
establish
the
duties
of
the
office
of
persons
with
5
disabilities.
The
duties
currently
assigned
to
the
commission
6
of
persons
with
disabilities
and
specified
in
current
Code
7
section
216A.77,
subsections
1
through
6,
are
modified
and
8
transferred
to
the
office.
9
Code
section
216A.73,
providing
for
ex
officio
members
of
10
the
commission,
is
repealed.
11
Code
section
216A.74,
concerning
the
membership
of
the
12
commission,
is
stricken
and
rewritten
by
the
bill
to
include
13
the
membership
of
the
commission
which
is
reduced
from
24
ex
14
officio
and
voting
members
to
seven
voting
members,
the
terms
15
of
office,
and
officers
of
the
commission,
currently
provided
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in
Code
sections
216A.74
through
216A.76.
The
rewritten
Code
17
section
also
specifies
that
the
commission
must
meet
at
least
18
quarterly,
what
constitutes
a
quorum,
what
vote
is
necessary
19
for
substantive
action,
and
includes
a
conflict
of
interest
20
provision
for
members.
21
Code
section
216A.75,
is
stricken
and
rewritten
by
the
bill,
22
to
provide
for
the
duties
of
the
commission.
The
Code
section
23
provides
that
the
commission
shall
study
opportunities
for
and
24
changing
needs
of
persons
with
disabilities,
serve
as
a
liaison
25
between
the
office
and
the
public,
recommend
to
the
new
board
26
rules
for
the
commission
and
office,
and
recommend
proposed
27
policies
and
legislation.
28
Code
section
216A.76,
concerning
officers
of
the
commission,
29
and
Code
section
216A.77,
concerning
duties
of
the
commission,
30
are
repealed.
31
Code
section
216A.78,
concerning
the
administrator,
and
Code
32
section
216A.79,
concerning
acceptance
of
gifts
and
grants,
are
33
repealed.
34
DIVISION
OF
COMMUNITY
ACTION
AGENCIES:
35
The
bill
maintains
the
division
of
community
action
agencies
1
as
a
division
but
modifies
some
of
the
division’s
functions.
2
Code
section
216A.92,
concerning
duties
of
the
3
administrator,
is
stricken
and
rewritten
to
provide
that
the
4
division
shall
provide
assistance
to
implement
community
action
5
programs,
administer
low-income
energy
assistance
block
grants,
6
administer
department
of
energy
funds
for
weatherization,
7
implement
accountability
measures,
and
issue
an
annual
report.
8
Code
section
216A.92A,
concerning
the
commission
of
9
community
action
agencies,
is
amended
to
specify
that
the
10
commission
must
meet
at
least
four
times
per
year.
11
Code
section
216A.92B,
concerning
the
duties
of
the
12
commission,
is
rewritten
by
the
bill.
The
bill
provides
that
13
the
commission
shall
supervise
collection
of
data
on
services
14
provided
by
community
action
agencies,
serve
as
a
liaison
15
between
the
division
and
the
public,
recommend
to
the
new
board
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rules
for
the
commission
and
division,
and
recommend
proposed
17
policies
and
legislation.
18
Code
section
216A.93,
concerning
establishment
of
community
19
action
agencies,
is
amended
to
provide
that
if
any
geographic
20
area
in
the
state
ceases
to
be
served
by
a
community
action
21
agency,
the
division
may
assist
the
governor
in
designating
an
22
agency
for
that
area.
23
Code
section
216A.101,
concerning
an
emergency
24
weatherization
fund,
and
Code
section
216A.103,
establishing
an
25
Iowa
affordable
heating
program,
are
repealed.
26
Code
section
216A.107,
concerning
the
family
development
27
and
self-sufficiency
council,
is
amended
to
specify
what
28
constitutes
a
quorum,
what
vote
is
necessary
for
substantive
29
action,
and
includes
a
conflict
of
interest
provision
for
30
members.
31
DIVISION
OF
DEAF
SERVICES:
32
The
bill
renames
the
division
of
deaf
services
as
the
office
33
of
deaf
services
and
eliminates
the
administrator
position.
34
Code
section
216A.112,
creating
the
commission
of
deaf
35
services,
and
Code
section
216A.113,
granting
authority
to
the
1
commission
to
employ
staff,
are
stricken
and
the
Code
sections
2
rewritten.
3
Rewritten
Code
section
216A.112
establishes
the
duties
of
4
the
office
of
deaf
services.
5
Rewritten
Code
section
216A.113
creates
the
commission.
6
Current
provisions
of
Code
section
216A.112
are
transferred
to
7
this
Code
section
which
specifies
that
the
commission
must
meet
8
at
least
quarterly,
what
constitutes
a
quorum,
what
vote
is
9
necessary
for
substantive
action,
and
includes
a
conflict
of
10
interest
provision
for
members.
11
Code
section
216A.114,
concerning
the
powers
and
duties
12
of
the
commission,
is
rewritten
by
the
bill.
The
bill
13
provides
that
the
commission
shall
study
the
needs
of
deaf
14
and
hard-of-hearing
people,
serve
as
a
liaison
between
the
15
office
and
the
public,
recommend
to
the
new
board
rules
for
the
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commission
and
office,
provide
input
to
the
department
director
17
concerning
the
budget,
and
recommend
proposed
policies
and
18
legislation.
19
Code
section
216A.115,
concerning
the
powers
of
the
20
commission
that
include
the
ability
to
accept
grants
and
enter
21
into
contracts,
is
repealed
by
the
bill.
22
Code
section
216A.116,
concerning
a
report
of
the
23
commission,
is
repealed
by
the
bill.
24
Code
section
216A.117,
which
creates
the
interpretation
25
services
account,
is
repealed
by
the
bill.
The
account
26
provides
moneys
to
deaf
services
for
continued
and
expanded
27
interpretation
services.
28
DIVISION
OF
CRIMINAL
AND
JUVENILE
JUSTICE
PLANNING:
29
The
bill
keeps
the
division
of
criminal
and
juvenile
justice
30
planning.
31
New
Code
section
216A.131A
establishes
the
division
to
32
perform
the
duties
required
in
this
subchapter.
33
Code
section
216A.132,
concerning
the
criminal
and
juvenile
34
justice
planning
council,
is
amended
to
provide
that
the
35
council
must
appoint
a
chairperson
and
vice
chairperson,
to
1
establish
what
constitutes
a
quorum
and
a
majority
to
take
2
affirmative
action,
and
to
establish
a
conflict
of
interest
3
provision
for
members.
4
Code
section
216A.133,
concerning
duties
of
the
council,
is
5
amended
by
adding
additional
duties.
The
additional
duties
6
include
assisting
agencies
in
using
criminal
juvenile
justice
7
data,
serving
as
a
liaison
between
the
division
and
the
public,
8
adopting
rules
for
the
council
and
division,
providing
input
to
9
the
department
director
concerning
the
budget,
and
recommending
10
proposed
policies
and
legislation.
11
DIVISION
ON
THE
STATUS
OF
AFRICAN
AMERICANS:
12
The
bill
renames
the
division
on
the
status
of
African
13
Americans
as
the
office
on
the
status
of
African
Americans
and
14
eliminates
the
administrator
position.
15
Code
section
216A.142,
concerning
the
commission
on
the
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status
of
African
Americans,
is
rewritten
by
the
bill.
The
17
rewritten
Code
section
reduces
the
number
of
members
of
the
18
commission
from
nine
to
seven,
provides
that
the
members
must
19
reside
in
Iowa,
provides
for
the
terms
of
office,
requires
the
20
appointment
of
a
chairperson
and
vice
chairperson,
establishes
21
quorum
and
majority
vote
requirements,
and
establishes
a
22
conflict
of
interest
provision
for
members.
23
Code
section
216A.143,
concerning
meetings
of
the
24
commission,
is
stricken
and
rewritten
by
the
bill
to
establish
25
the
powers
and
duties
of
the
commission.
The
bill
provides
26
that
the
commission
shall
study
the
needs
of
the
African
27
American
community,
serve
as
a
liaison
between
the
office
and
28
the
public,
recommend
to
the
new
board
rules
for
the
commission
29
and
office,
establish
advisory
committees,
and
recommend
30
proposed
policies
and
legislation.
31
Code
section
216A.144,
concerning
objectives
of
the
32
commission,
is
repealed
by
the
bill.
33
Code
section
216A.145,
concerning
the
authority
of
the
34
administrator,
is
repealed.
35
Code
section
216A.146,
concerning
the
duties
of
the
1
commission,
is
amended
by
the
bill
to
establish
the
office
on
2
the
status
of
African
Americans
and
provide
for
the
duties
of
3
the
office.
4
Code
section
216A.147,
concerning
additional
authority
for
5
the
commission,
Code
section
216A.148,
concerning
access
to
6
information,
and
Code
section
216A.149,
concerning
an
annual
7
report,
are
repealed
by
the
bill.
8
DIVISION
ON
THE
STATUS
OF
IOWANS
OF
ASIAN
AND
PACIFIC
9
ISLANDER
HERITAGE:
10
The
bill
renames
the
division
on
the
status
of
Iowans
of
11
Asian
and
Pacific
Islander
heritage
as
the
office
on
the
status
12
of
Iowans
of
Asian
and
Pacific
Islander
heritage
and
eliminates
13
the
administrator
position.
14
Code
sections
216A.152,
216A.153,
and
216A.154,
concerning
15
the
commission
on
the
status
of
Iowans
of
Asian
and
Pacific
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Islander
heritage,
are
stricken
and
included
in
rewritten
17
Code
section
216A.152.
The
rewritten
Code
section
reduces
18
the
number
of
members
of
the
commission
from
nine
to
seven,
19
and
also
specifies
that
the
members
must
reside
in
Iowa,
the
20
commission
must
meet
at
least
quarterly,
what
constitutes
a
21
quorum,
what
vote
is
necessary
for
substantive
action,
and
22
includes
a
conflict
of
interest
provision
for
members.
23
Rewritten
Code
section
216A.153
provides
for
the
powers
24
and
duties
of
the
commission.
The
bill
provides
that
the
25
commission
shall
study
the
needs
of
Asian
and
Pacific
Islanders
26
in
this
state,
serve
as
a
liaison
between
the
office
and
the
27
public,
recommend
to
the
new
board
rules
for
the
commission
and
28
office,
establish
advisory
committees,
and
recommend
proposed
29
policies
and
legislation.
30
Rewritten
Code
section
216A.154
establishes
the
office
on
31
the
status
of
Iowans
of
Asian
and
Pacific
Islander
heritage
and
32
its
duties.
33
Code
section
216A.155,
concerning
the
duties
of
the
34
commission,
is
repealed.
35
Code
section
216A.156,
concerning
review
of
grant
1
applications
and
budget
requests,
Code
section
216A.157,
2
concerning
additional
commission
authority,
Code
section
3
216A.158,
concerning
employees
and
responsibility,
Code
section
4
216A.159,
concerning
state
agency
assistance,
and
Code
section
5
216A.160,
concerning
an
annual
report,
are
repealed
by
the
6
bill.
7
DIVISION
ON
NATIVE
AMERICAN
AFFAIRS:
8
The
bill
renames
the
division
on
Native
American
affairs
9
as
the
office
on
Native
American
affairs
and
eliminates
the
10
administrator
position.
11
Code
section
216A.162,
concerning
the
commission
on
Native
12
American
affairs,
is
amended
to
provide
for
the
appointment
13
of
a
chairperson,
quarterly
meetings,
compensation,
what
14
constitutes
a
quorum,
what
vote
is
necessary
for
substantive
15
action,
and
includes
a
conflict
of
interest
provision
for
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members.
Code
section
216A.164,
concerning
meetings
of
17
the
commission,
is
repealed
and
the
substance
of
these
Code
18
sections
incorporated
in
Code
section
216A.162.
19
Code
section
216A.165,
concerning
duties
of
the
commission,
20
is
rewritten
to
provide
that
the
duties
are
studying
21
opportunities
for
and
changing
needs
of
Native
American
22
persons,
serving
as
a
liaison
between
the
office
and
the
23
public,
recommending
to
the
new
board
rules
for
the
commission
24
and
office,
establishing
advisory
committees,
and
recommending
25
proposed
policies
and
legislation.
26
Code
section
216A.166
is
amended
to
establish
the
office
on
27
Native
American
affairs
and
its
duties.
28
Code
section
216A.167,
concerning
additional
duties
of
29
the
commission,
is
amended
by
striking
the
authority
of
the
30
commission
concerning
the
budget
of
the
commission
and
office
31
and
the
ability
to
enter
into
contracts
and
accept
gifts.
32
Code
section
216A.168,
concerning
the
administrator,
Code
33
section
216A.169,
concerning
state
agency
assistance,
and
Code
34
section
216A.170,
concerning
an
annual
report,
are
repealed
by
35
the
bill.
1
The
bill
also
establishes
transition
provisions
relative
to
2
the
reorganization
of
the
department
as
provided
in
the
bill.
3
As
part
of
these
provisions,
the
bill
ends
the
terms
of
all
4
members
of
commissions
which
have
the
number
of
voting
members
5
reduced
by
the
bill
as
of
July
1,
2010.
6
DIVISION
XIII
——
GAMBLING
SETOFFS.
Division
XIII
of
the
bill
7
relates
to
the
setoff
of
debts
from
gambling
winnings.
8
Currently,
a
debtor
who
wins
money
on
a
wager
at
a
racetrack,
9
excursion
gambling
boat,
or
gambling
structure
in
this
state
10
is
subject
to
a
setoff
from
those
winnings
of
the
amount
of
11
debt
owed
if
the
winnings
are
equal
to
or
greater
than
$10,000.
12
Division
XIII
amends
Code
sections
99D.28
and
99F.19
so
that
13
debtors
who
win
$1,200
or
more
are
subject
to
the
setoff.
14
DIVISION
XIV
——
DEPARTMENT
OF
MANAGEMENT
——
FINANCIAL
15
ADMINISTRATION
REORGANIZATION.
Division
XIV
of
the
bill
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transfers
the
financial
administration
duties
of
the
department
17
of
administrative
services
to
the
department
of
management.
In
18
addition,
the
bill
requires
the
department
of
management
to
19
establish
a
centralized
payroll
system
for
all
state
agencies.
20
This
division
also
requires
the
department
of
management
21
to
explore
the
possibility
of
merging
all
state
payroll
22
systems
within
the
centralized
payroll
system
operated
by
the
23
department.
24
DIVISION
XV
——
ADMINISTRATION
AND
REGULATION
APPROPRIATIONS.
25
This
division
of
the
bill
appropriates
money
to
the
department
26
of
revenue
to
hire
additional
auditors
and
to
the
department
27
of
management
to
create
and
fill
an
additional
position
in
the
28
office
of
grants
enterprise
management.
29
AGRICULTURE
AND
NATURAL
RESOURCES.
30
DIVISION
XVI
——
ELIMINATION
OF
STATE
ENTITIES
ASSOCIATED
31
WITH
THE
DEPARTMENT
OF
AGRICULTURE
AND
LAND
STEWARDSHIP.
This
32
division
eliminates
entities
associated
with
the
department
of
33
agriculture
and
land
stewardship.
34
RENEWABLE
FUELS
AND
COPRODUCTS
ADVISORY
COMMITTEE.
This
35
bill
eliminates
the
renewable
fuels
and
coproducts
advisory
1
committee
established
in
the
department
of
agriculture
and
land
2
stewardship
(Code
section
159A.4).
The
committee
consists
of
3
persons
heading
state
agencies
or
their
designees,
including
4
the
department
of
agriculture
and
land
stewardship,
the
5
department
of
economic
development,
the
state
department
of
6
transportation,
and
the
office
of
energy
independence;
and
7
persons
representing
persons
interested
in
renewable
fuels
8
including
retail
motor
fuel
dealers,
petroleum
refiners,
9
farmers
(with
special
representation
for
livestock
producers,
10
corn
growers,
and
soybean
producers),
and
renewable
fuel
11
producers.
The
committee
advises
the
department
of
agriculture
12
and
land
stewardship
and
other
persons
regarding
the
production
13
and
consumption
of
renewable
fuels
and
coproducts,
but
does
not
14
control
policy
decisions
(Code
section
159A.5).
Departmental
15
programs
to
encourage
the
production
and
consumption
of
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renewable
fuels
and
coproducts
are
administered
by
the
office
17
of
renewable
fuels
and
coproducts.
18
ORGANIC
ADVISORY
COUNCIL.
The
bill
eliminates
an
organic
19
advisory
council
established
within
the
department
of
20
agriculture
and
land
stewardship
(Code
section
190C.2).
The
21
council
is
composed
of
persons
who
operate
farms
producing
22
organic
agricultural
products,
operate
businesses
processing
23
organic
agricultural
products,
and
operate
businesses
handling
24
or
selling
organic
agricultural
products.
It
also
includes
25
persons
who
have
earned
an
educational
degree
and
have
26
experience
in
agricultural
or
food
science,
and
persons
who
are
27
interested
in
the
public
interest,
the
natural
environment,
28
or
consumers.
The
advisory
council
is
required
to
assist
the
29
department
of
agriculture
and
land
stewardship
in
developing
30
policies,
establishing
and
changing
fees,
providing
advice,
and
31
promoting
organic
agricultural
products
in
compliance
with
the
32
state
organic
program
(Code
section
190C.2A).
The
department
33
retains
its
statutory
duties
and
powers
to
administer
the
34
program.
35
DIVISION
XVII
——
ELIMINATION
OF
STATE
ENTITIES
ASSOCIATED
1
WITH
THE
DEPARTMENT
OF
NATURAL
RESOURCES’
CONTROL
OF
THE
2
NATURAL
HABITAT.
The
bill
eliminates
entities
established
3
within
the
department
of
natural
resources
that
carry
out
4
duties
associated
with
the
conservation
of
fish,
wildlife,
5
and
habitat
generally
under
the
jurisdiction
of
the
natural
6
resource
commission.
7
STATE
ADVISORY
BOARD
FOR
PRESERVES.
The
bill
eliminates
8
the
state
advisory
board
for
preserves
established
within
the
9
department
of
natural
resources
(Code
section
465C.2).
The
10
board
consists
of
the
director
of
the
department
of
natural
11
resources
and
persons
with
a
demonstrated
interest
in
the
12
preservation
of
natural
lands
and
waters,
and
historic
sites.
13
The
board
is
responsible
for
approving
areas
as
preserves,
14
recommending
that
land
owned
by
the
state
be
dedicated
as
15
part
of
the
state
preserve
system
or
recommending
acquisition
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of
area
to
be
so
dedicated,
monitoring
habitats
for
species,
17
promoting
research
and
education
pertaining
to
state
preserves,
18
and
advising
persons
managing
natural
areas
(Code
section
19
465C.8).
The
bill
requires
that
the
natural
resource
20
commission
assume
these
functions.
The
bill
eliminates
the
21
board’s
representative
on
the
Brushy
creek
recreation
area
22
trails
advisory
board,
and
reduces
the
total
number
of
members
23
on
the
advisory
board
from
nine
to
seven
to
achieve
an
odd
24
number
of
members
(Code
section
455A.8),
but
allows
the
current
25
members
to
continue
their
terms.
26
SUSTAINABLE
NATURAL
RESOURCE
FUNDING
ADVISORY
COMMITTEE.
27
The
bill
eliminates
the
sustainable
natural
resource
funding
28
advisory
committee
(2008
Iowa
Acts,
chapter
1080).
The
29
committee
is
composed
of
state
officials
including
the
director
30
of
the
department
of
natural
resources,
a
commissioner
of
a
31
soil
and
water
conservation
district,
and
representatives
of
32
persons
interested
in
the
natural
environment,
agriculture,
33
land
improvement,
renewable
fuels,
rivers,
and
wildlife.
It
34
also
includes
four
members
of
the
general
assembly
who
serve
as
35
ex
officio,
nonvoting
members.
The
committee
is
required
to
1
submit
a
report
to
the
general
assembly
in
2010.
2
The
committee’s
elimination
takes
effect
upon
enactment.
3
UPLAND
GAME
BIRD
STUDY
ADVISORY
COMMITTEE.
The
bill
4
eliminates
the
upland
game
bird
study
advisory
committee
5
established
to
restore
sustainable
and
socially
acceptable
6
populations
of
pheasants
and
quail
in
the
state
to
maximize
7
the
economic
value
of
upland
game
bird
hunting
to
Iowa’s
8
economy
(2009
Iowa
Acts,
ch.
144,
section
49).
The
committee
9
is
composed
of
persons
representing
organizations
associated
10
with
conservation,
farming,
hunting,
realty,
environmental
11
protection,
and
land
management;
Iowa’s
United
States
senators;
12
federal
agencies
responsible
for
fish
and
wildlife
and
farm
13
policy;
and
the
department
of
agriculture
and
land
stewardship,
14
the
department
of
natural
resources,
the
department
of
economic
15
development,
the
state
department
of
transportation,
and
the
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state
soil
conservation
committee.
It
also
includes
four
17
members
of
the
general
assembly.
The
committee
is
required
to
18
submit
a
final
report
to
the
governor
and
the
general
assembly
19
by
January
10,
2010.
20
The
committee’s
elimination
takes
effect
upon
enactment.
21
DIVISION
XVIII
——
ELIMINATION
OF
STATE
ENTITIES
ASSOCIATED
22
WITH
THE
DEPARTMENT
OF
NATURAL
RESOURCES
——
IOWA
CLIMATE
CHANGE
23
ADVISORY
COUNCIL.
The
bill
eliminates
the
Iowa
climate
change
24
advisory
council
established
within
the
department
of
natural
25
resources
(Iowa
Code
section
455B.851).
The
council
consists
26
of
persons
engaged
in
academic
and
research
institutions,
27
farming,
public
transit,
utilities,
environmental
protection,
28
business,
energy
conservation,
renewable
fuel
promotion,
29
local
government,
and
alternative
energy
production.
It
also
30
includes
four
ex
officio,
nonvoting
members
of
the
general
31
assembly.
The
council
was
responsible
for
developing
multiple
32
scenarios
designed
to
reduce
statewide
greenhouse
gas
emissions
33
in
order
to
reduce
such
emissions
by
50
percent
by
2050.
The
34
council
was
required
to
submit
a
proposal
by
January
1,
2009.
35
The
department
is
still
required
to
submit
a
report
to
the
1
governor
and
the
general
assembly
regarding
the
greenhouse
gas
2
emissions
in
the
state
during
the
previous
calendar
year
and
3
forecasting
trends
in
such
emissions.
4
The
council’s
elimination
takes
effect
upon
enactment.
5
DIVISION
XIX
——
ELIMINATION
OF
STATE
ENTITIES
ASSOCIATED
6
WITH
IOWA
STATE
UNIVERSITY
——
LIVESTOCK
HEALTH
ADVISORY
7
COUNCIL.
The
bill
eliminates
the
livestock
health
advisory
8
council.
The
council
consists
of
persons
involved
in
the
9
production
of
beef
cattle,
dairy
cattle,
swine,
sheep,
and
10
poultry.
It
also
includes
one
practicing
veterinarian.
The
11
council
makes
recommendations
to
Iowa
state
university
college
12
of
veterinary
medicine
regarding
the
expenditure
of
moneys
13
appropriated
to
the
college.
14
The
bill
transfers
provisions
providing
for
financial
15
support
received
by
the
college,
and
establishing
a
special
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fund
dedicated
to
support
the
college,
to
Code
chapter
266
17
establishing
Iowa
state
university.
18
DIVISION
XX
——
NATURAL
RESOURCES
——
BOARDS
AND
COMMISSIONS.
19
This
division
of
the
bill
relates
to
the
elimination
of
certain
20
boards,
councils,
and
committees.
21
The
division
eliminates
the
state
advisory
board
for
22
preserves
and
transfers
all
powers
and
duties
of
the
board
to
23
the
natural
resource
commission.
The
division
makes
conforming
24
amendments.
25
The
division
eliminates
the
climate
change
advisory
council
26
effective
July
1,
2011,
and
provides
that,
beginning
July
1,
27
2011,
the
department
of
natural
resources
may
periodically
28
forward
recommendations
to
the
environmental
protection
29
commission
designed
to
encourage
the
reduction
of
statewide
30
greenhouse
gas
emissions.
The
division
makes
conforming
31
amendments.
32
The
division
eliminates,
upon
enactment,
the
sustainable
33
natural
resource
funding
advisory
committee
which
was
to
be
34
repealed
on
July
1,
2010.
35
The
division
eliminates,
upon
enactment,
the
upland
game
1
bird
study
advisory
committee.
2
DIVISION
XXI
——
IOWA
COMPREHENSIVE
PETROLEUM
UNDERGROUND
3
STORAGE
TANK
FUND
BOARD.
Division
XXI
relates
to
the
4
elimination
of
the
Iowa
comprehensive
petroleum
underground
5
storage
tank
fund
board.
This
division
transfers
all
6
administrative
duties
of
the
board
to
the
department
of
natural
7
resources
and,
in
the
case
of
approval
of
certain
contracts
8
and
duties
pursuant
to
Code
chapter
17A,
to
the
environmental
9
protection
commission.
The
division
makes
conforming
10
amendments.
11
ECONOMIC
DEVELOPMENT.
12
DIVISION
XXII
——
ECONOMIC
DEVELOPMENT
——
COMMITTEES
AND
13
COUNCILS.
Division
XXII
of
this
bill
relates
to
the
duties
14
of
certain
boards,
committees,
and
councils
in
the
areas
of
15
cultural
affairs
and
economic
development.
The
bill
eliminates
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some
boards,
committees,
and
councils
and
reassigns
some
of
17
their
functions
to
other
state
governmental
bodies.
18
Code
section
15.108,
subsection
7,
paragraph
“h”,
provides
19
for
a
small
business
advisory
council
and
requires
the
20
department
of
economic
development
to
provide
assistance
to
it.
21
Division
XXII
eliminates
this
council.
22
Code
section
15.203
provides
for
the
establishment
of
an
23
agricultural
products
advisory
council,
and
Code
section
24
15G.115
provides
a
role
for
this
council
in
approving
25
applications
for
financial
assistance
under
the
value-added
26
agriculture
component
of
the
grow
Iowa
values
fund.
This
27
division
eliminates
this
council
and
removes
references
to
the
28
council
from
the
provisions
of
the
grow
Iowa
values
fund
and
29
financial
assistance
program.
With
the
elimination
of
the
30
council,
applications
for
assistance
under
the
value-added
31
agriculture
component
of
the
grow
Iowa
values
fund
will
be
32
considered
by
the
due
diligence
committee
of
the
economic
33
development
board.
34
Code
section
15.114
provides
for
the
establishment
of
35
a
microenterprise
development
advisory
committee
by
the
1
department
of
economic
development.
This
division
eliminates
2
this
committee.
3
DIVISION
XXIII
——
CONSOLIDATION
OF
HOUSING
PROGRAMS.
4
Division
XXIII
of
the
bill
transfers
authority
for
the
5
administration
of
the
shelter
assistance
fund
from
the
6
department
of
economic
development
to
the
Iowa
finance
7
authority.
8
Division
XXIII
of
the
bill
also
directs
the
department
of
9
economic
development
and
the
Iowa
finance
authority
to
conduct
10
a
joint
review
of
the
housing-related
programs
they
currently
11
administer,
including
all
federal
programs.
The
joint
review
12
must
include
a
review
of
all
federal
moneys
received
and
spent
13
on
housing
programs
and
must
identify
all
programs
that
are
14
duplicative
of
another
program
or
which
have
purposes
similar
15
to
that
of
another
program.
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Division
XXIII
directs
the
department
of
economic
17
development
and
the
Iowa
finance
authority
to
produce
a
report
18
recommending
how
best
to
transfer
all
responsibilities
for
19
housing-related
programs
from
the
department
of
economic
20
development
to
the
Iowa
finance
authority.
The
report
must
be
21
submitted
not
more
than
30
days
after
the
effective
date
of
22
division
XXIII
of
the
bill
to
the
governor,
the
department
of
23
management,
and
the
general
assembly.
24
EDUCATION.
25
DIVISION
XXIV
——
AREA
EDUCATION
AGENCIES.
This
division
26
expresses
legislative
intent
to
dissolve
the
current
area
27
education
agency
(AEA)
system
by
July
1,
2011,
and
directs
the
28
director
of
the
department
of
education
to
develop
a
transition
29
plan
for
the
transfer
of
AEA
functions,
facilities,
equipment,
30
and
programs
to
a
bureau
of
regional
education
offices
under
31
the
authority
of
the
department;
eliminates
the
education
32
telecommunications
council
and
revises
the
appointment
process
33
and
duties
of
the
regional
telecommunications
councils;
34
eliminates
the
council
for
agriculture
education,
and
the
Iowa
35
learning
technology
initiative;
and
initiates
the
process
for
1
withdrawal
from
the
midwestern
higher
education
compact.
2
The
director
of
the
department
of
education
is
to
develop
3
the
transition
plan
in
consultation
with
the
directors
of
the
4
departments
of
administrative
services
and
management
or
the
5
directors’
designees,
persons
representing
the
administrators
6
and
boards
of
directors
of
the
AEAs,
and
persons
representing
7
other
interested
stakeholders.
The
plan
must
specify
the
8
number
and
location
of
the
regional
education
offices
that
9
would
be
located
throughout
the
state
to
provide
for
the
10
most
efficient
and
consistent
program
and
service
delivery;
11
the
employment
by
the
department
of
education
of
regional
12
education
office
staff
under
the
state
merit
system;
a
13
review
of
AEA
administrative
costs
and
budgets
and
a
proposal
14
for
an
organizational
chart;
a
description
of
the
steps
a
15
proposed
bureau
of
regional
education
offices
and
the
proposed
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regional
education
offices
can
take
to
improve
efficiency
17
and
effectiveness
of
programs;
a
preliminary
annual
budget
18
for
the
proposed
bureau
and
regional
education
offices
19
estimating
income
and
expenditures
for
programs
and
services;
20
a
description
of
the
current
AEA
collective
bargaining
21
agreements;
recommendations
for
policy
and
statutory
changes
22
for
implementation
of
the
bureau
and
regional
education
23
offices
system;
recommendations
for
limited
options
in
elective
24
services
to
promote
economical
operation
and
the
attainment
25
of
higher
standards
of
educational
services
for
the
schools;
26
a
proposal
for
a
funding
model
which
combines
a
line
item
27
contained
in
the
appropriation
for
the
department
of
education
28
with
local
funding
for
the
support
and
operations
of
the
29
proposed
bureau
and
regional
education
offices;
and
a
proposal
30
for
the
management
of
the
assets
and
liabilities
of
the
31
dissolving
area
education
agency
system.
32
The
director
must
submit
the
transition
plan
to
the
general
33
assembly
and
the
governor
by
October
1,
2010.
34
Under
the
bill,
the
duties
of
the
education
35
telecommunications
council
are
transferred
to
the
regional
1
telecommunications
councils.
The
bill
includes
conforming
2
provisions.
3
DIVISION
XXV
——
HEALTH
AND
HUMAN
SERVICES
PROGRAM.
This
4
division
of
the
bill
provides
directives
to
various
state
5
departments
to
develop
and
implement
strategies
to
increase
6
efficiencies
and
cost
savings
in
programs
relating
to
health
7
and
human
services.
The
bill
directs
the
department
of
human
8
services
to
develop
and
implement
strategies
to
increase
9
efficiencies
by
reducing
paperwork,
decreasing
staff
time,
and
10
providing
more
streamlined
services
to
the
public
relative
to
11
programs
under
the
purview
of
the
department.
Such
strategies
12
may
include
but
are
not
limited
to
simplifying
and
reducing
13
duplication
in
eligibility
determinations
among
programs
by
14
utilizing
the
same
eligibility
processes
across
programs
to
the
15
extent
allowed
by
federal
law.
The
department
is
also
directed
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to
provide
a
progress
report
to
the
joint
appropriations
17
subcommittee
on
health
and
human
services
on
a
quarterly
basis.
18
The
bill
also
directs
the
departments
of
human
services,
19
public
health,
corrections,
and
management,
and
any
20
other
appropriate
department
to
review
the
provision
of
21
pharmaceuticals
to
populations
they
serve
and
programs
under
22
their
respective
purview
to
determine
efficiencies
in
the
23
purchase
of
pharmaceuticals.
The
departments
are
required
to
24
develop
strategies
to
implement
efficiencies
and
reduce
costs
25
to
the
state,
and
to
also
determine
any
changes
in
state
law
or
26
approval
from
the
federal
government
necessary
to
implement
any
27
strategy
identified.
28
DIVISION
XXVI
——
HOSPITAL
LICENSING
BOARD.
The
hospital
29
licensing
board
consults
with
and
advises
the
department
of
30
inspections
and
appeals
in
matters
relating
to
the
licensure
of
31
hospitals,
and
approves
rules
and
standards
relating
to
such
32
licensure
prior
to
their
approval
by
the
state
board
of
health.
33
This
division
of
the
bill
eliminates
the
hospital
licensing
34
board.
35
DIVISION
XXVII
——
CHILD
SUPPORT.
This
division
of
the
1
bill
relates
to
child
support
and
directs
the
department
of
2
human
services
to
establish
criteria
and
a
phased-in
schedule
3
to
require,
no
later
than
June
30,
2015,
payors
of
income
to
4
electronically
transmit
the
amounts
withheld
under
an
income
5
withholding
order.
The
bill
directs
the
department
to
assist
6
payors
of
income
in
complying
with
the
required
electronic
7
transmission,
and
to
adopt
rules
setting
forth
procedures
for
8
use
in
electronic
transmission
of
funds,
and
exemption
from
use
9
of
electronic
transmission
taking
into
consideration
any
undue
10
hardship
electronic
transmission
creates
for
payors
of
income.
11
DIVISION
XXVIII
——
FALSE
CLAIMS
ACT.
This
division
the
bill
12
relates
to
the
False
Claims
Act.
This
division
establishes
13
a
state
false
claims
Act
to
allow
a
procedure
for
the
state
14
and
private
individuals
to
bring
an
action
for
fraud
against
15
another
person
that
might
result
in
financial
loss
to
the
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government.
The
federal
Deficit
Reduction
Act
of
2005,
Pub.
17
L.
No.
109-171,
§
6032,
provided
financial
encouragement
to
18
states
to
have
in
effect
a
law
dealing
with
false
or
fraudulent
19
claims
that
meets
certain
federal
requirements.
If
a
state
20
has
such
a
law
in
place,
when
recoveries
are
made
for
Medicaid
21
funds
improperly
paid,
the
share
owed
to
the
federal
government
22
will
be
decreased
by
10
percent.
This
provision
of
the
federal
23
Deficit
Reduction
Act
took
effect
January
1,
2007.
24
The
division
provides
definitions
of
“claim”,
“employer”,
25
“knowing”
or
“knowingly”,
and
“qui
tam
plaintiff”
which
means
a
26
private
plaintiff
who
brings
an
action
under
the
division
on
27
behalf
of
the
state.
28
The
division
provides
that
a
person
who
commits
certain
29
specified
acts
is
liable
to
the
state
for
three
times
the
30
amount
of
damages
which
the
state
sustains
because
of
the
act
31
of
that
person,
and
is
also
liable
to
the
state
for
the
costs
32
of
a
civil
action
brought
to
recover
any
of
those
penalties
33
or
damages,
and
for
a
civil
penalty
of
not
less
than
$5,000
34
and
not
more
than
$10,000
for
each
violation.
The
prohibited
35
acts
include:
knowingly
presenting
or
causing
to
be
presented
1
to
any
employee,
officer,
or
agent
of
the
state,
or
to
any
2
contractor,
grantee,
or
other
recipient
of
state
funds,
a
3
false
or
fraudulent
claim
for
payment
or
approval;
knowingly
4
making,
using,
or
causing
to
be
made
or
used,
a
false
record
5
or
statement
to
get
a
false
or
fraudulent
claim
paid
or
6
approved;
conspiring
to
defraud
the
state
by
getting
a
false
7
claim
allowed
or
paid,
or
conspiring
to
defraud
the
state
by
8
knowingly
making,
using,
or
causing
to
be
made
or
used,
a
9
false
record
or
statement
to
conceal,
avoid,
or
decrease
an
10
obligation
to
pay
or
transmit
money
or
property
to
the
state;
11
having
possession,
custody,
or
control
of
public
property
or
12
money
used
or
to
be
used
by
the
state
and
knowingly
delivering
13
or
causing
to
be
delivered
less
property
than
the
amount
for
14
which
the
person
receives
a
certificate
or
receipt;
being
15
authorized
to
make
or
deliver
a
document
certifying
receipt
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of
property
used
or
to
be
used
by
the
state
and
knowingly
17
making
or
delivering
a
receipt
that
falsely
represents
the
18
property
used
or
to
be
used;
knowingly
buying
or
receiving
19
as
a
pledge
of
an
obligation
or
debt,
public
property
from
20
any
person
who
lawfully
may
not
sell
or
pledge
the
property;
21
knowingly
making,
using,
or
causing
to
be
made
or
used,
a
22
false
record
or
statement
to
conceal,
avoid,
or
decrease
an
23
obligation
to
pay
or
transmit
money
or
property
to
the
state;
24
and
being
a
beneficiary
of
an
inadvertent
submission
of
a
25
false
claim
to
any
employee,
officer,
or
agent
of
the
state,
26
or
to
any
contractor,
grantee,
or
other
recipient
of
state
27
funds,
subsequently
discovering
the
falsity
of
the
claim,
and
28
failing
to
disclose
the
false
claim
to
the
attorney
general
29
within
a
reasonable
time
after
discovery
of
the
false
claim.
30
The
division
provides
for
an
assessment
of
a
lesser
amount
of
31
damages
under
certain
circumstances.
32
The
division
provides
a
process
for
the
attorney
general
to
33
investigate
and
bring
civil
actions
under
the
division.
The
34
division
also
provides
a
process
for
a
person
to
bring
a
civil
35
action
for
a
violation
of
the
division
for
the
person
and
for
1
the
state
in
the
name
of
the
state
as
a
qui
tam
plaintiff.
The
2
division
provides
for
awards
to
the
qui
tam
plaintiff,
bars
3
certain
actions
including
those
brought
against
a
member
of
4
the
state
legislature,
a
member
of
the
judicial
branch,
or
an
5
executive
branch
official
if
the
action
is
based
on
evidence
6
or
information
known
to
the
attorney
general
when
the
action
7
was
brought
and
other
actions
in
which
the
state
is
already
a
8
party.
The
division
provides
that
the
state
is
not
liable
for
9
expenses
which
a
person
incurs
in
bringing
an
action
under
the
10
bill,
and
provides
for
relief
to
a
person
who
is
retaliated
11
against
by
an
employer
for
bringing
a
private
action
under
the
12
bill.
13
The
division
provides
that
a
civil
action
under
the
division
14
must
be
brought
not
more
than
10
years
after
the
date
on
which
15
the
violation
was
committed,
and
requires
the
attorney
general
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or
the
private
plaintiff
to
prove
all
essential
elements
of
the
17
cause
of
action
by
a
preponderance
of
the
evidence.
18
The
division
takes
effect
upon
enactment
and
is
19
retroactively
applicable
to
January
1,
2007.
20
DIVISION
XXIX
——
MEDICAID
PRESCRIPTION
DRUGS.
This
21
division
of
the
bill
relates
to
prescription
drugs
under
22
the
medical
assistance
program
by
directing
the
department
23
of
human
services
to
adopt
rules
to
restrict
physicians
and
24
other
prescribers
to
prescribing
not
more
than
a
72-hour
or
25
three-day
supply
of
a
prescription
drug
not
included
on
the
26
Medicaid
preferred
drug
list
while
seeking
approval
to
continue
27
prescribing
the
medication;
and
directing
the
department
to
28
adopt
rules
to
require
that
unless
the
manufacturer
of
a
29
chemically
unique
mental
health
prescription
drug
enters
into
a
30
contract
to
provide
the
state
with
a
supplemental
rebate,
the
31
drug
shall
be
placed
on
the
nonpreferred
drug
list
and
subject
32
to
prior
authorization
before
a
Medicaid
program
recipient
is
33
able
to
obtain
the
drug.
34
DIVISION
XXX
——
MEDICAID
DISEASE
MANAGEMENT.
Division
XXX
35
of
the
bill
relates
to
Medicaid
disease
management
for
children
1
and
directs
the
department
of
human
services
to
design
and
2
implement
a
disease
management
program
for
children
to
address
3
the
most
prevalent
chronic
diseases
among
children
in
Iowa.
4
The
program
may
include
technology-based
disease
management,
5
in-person
or
telephonic
care
management,
self-management
6
strategies,
and
health
literacy
education
and
training.
7
DIVISION
XXXI
——
MEDICAID
HOME
AND
COMMUNITY-BASED
SERVICES
8
WAIVER
PAYMENTS.
This
division
of
the
bill
relates
to
Medicaid
9
home
and
community-based
services
waiver
payments
by
directing
10
the
department
of
human
services
to
evaluate
payment
records
11
and
determine
the
proper
mechanism
to
trigger
a
review
of
12
payments
for
home
and
community-based
services
waiver
services
13
that
are
in
excess
of
the
median
amount
for
payments
through
14
the
waivers.
Following
development
of
the
trigger
mechanism,
15
the
department
must
require
advance
approval
for
services
for
16
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which
payment
is
projected
to
exceed
the
median
amount.
17
DIVISION
XXXII
——
DIVESTITURE
——
MEDICAID
PROGRAM.
This
18
division
relates
to
divestiture
activities
under
the
Medicaid
19
program.
This
division
amends
the
definition
of
“transfer
20
of
assets”
for
the
purpose
of
eligibility
for
the
medical
21
assistance
(Medicaid)
program.
The
division
amends
the
22
definition
to
provide
that
any
transfer
or
assignment
of
a
23
legal
or
equitable
interest
in
property,
from
a
transferor
to
24
a
transferee
for
less
than
fair
consideration,
made
while
the
25
transferor
is
receiving
medical
assistance
or
within
five
years
26
prior
to
application
for
medical
assistance
by
the
transferor,
27
is
presumed
to
be
made
with
the
intent,
on
the
part
of
not
28
only
the
transferee,
but
also
the
transferor;
or
another
29
person
acting
on
behalf
of
a
transferor
who
is
an
actual
or
30
implied
agent,
guardian,
attorney-in-fact,
or
person
acting
as
31
a
fiduciary,
of
enabling
the
transferor
to
obtain
or
maintain
32
eligibility
for
medical
assistance
or
of
impacting
the
recovery
33
or
payment
of
a
medical
assistance
debt.
The
presumption
is
34
then
rebuttable
only
by
clear
and
convincing
evidence
that
35
the
transferor’s
eligibility
or
potential
eligibility
for
1
Medicaid
or
the
impact
on
the
recovery
or
payment
of
a
medical
2
assistance
debt
was
no
part
of
the
reason
of
not
only
the
3
transferee,
but
any
of
the
other
parties
specified
for
making
4
the
transfer
or
assignment.
5
The
division
provides
that
a
transfer
of
assets
includes
a
6
transfer
of
an
interest
in
the
transferor’s
home,
domicile,
or
7
land
appertaining
to
such
home
or
domicile
while
the
transferor
8
is
receiving
medical
assistance,
unless
otherwise
exempt.
9
The
division
amends
the
listing
of
transfers
that
are
exempt
10
from
the
definition
to
provide
that
a
transfer
of
assets
that
11
would
have
been
exempt
from
consideration
as
a
resource
if
12
retained
by
the
transferor
pursuant
to
federal
law
does
not
13
include
a
transfer
of
the
home
or
land
appertaining
to
the
14
home.
15
DIVISION
XXXIII
——
CHILD
CARE
ADVISORY
COMMITTEE.
This
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division
replaces
the
child
care
advisory
council
in
Code
17
sections
237A.21
and
237A.22
with
a
child
care
advisory
18
committee
established
by
the
early
childhood
Iowa
council.
The
19
following
changes
are
made
from
current
law
relating
to
this
20
advisory
body:
members
are
appointed
by
the
early
childhood
21
Iowa
council
instead
of
the
governor
and
additional
provisions
22
are
included
for
coordination
between
the
council
and
the
23
new
advisory
committee.
The
division
includes
conforming
24
amendments
reflecting
the
change.
The
council
is
required
25
to
submit
a
legislation
proposal
to
the
governor
and
general
26
assembly
specifying
membership
slots
for
the
committee
by
27
December
15,
2010.
Otherwise
the
division
takes
effect
July
28
1,
2011.
29
DIVISION
XXXIV
——
STATE
MENTAL
HEALTH
INSTITUTES.
This
30
division
relates
to
transfer
of
authority
over
the
facilities
31
of
the
state
mental
health
institute
at
Mount
Pleasant
from
the
32
department
of
human
services
to
the
department
of
corrections.
33
The
Code
references
to
the
state
mental
health
institute
at
34
Mount
Pleasant
are
eliminated
in
Code
section
218.1,
relating
35
to
the
institutions
under
the
control
of
the
director
of
human
1
services;
in
Code
section
219.1,
collectively
designating
the
2
state
mental
health
institutes
and
the
state
resource
centers
3
as
a
single
state
medical
institution;
in
Code
section
226.1,
4
relating
to
the
official
designation
of
the
state
hospitals
5
for
persons
with
mental
illness;
and
in
Code
section
226.9C,
6
authorizing
the
operation
of
a
dual
diagnosis
mental
health
and
7
substance
abuse
program
using
net
general
fund
budgeting.
8
Transition
provisions
are
included
for
the
departments
9
of
human
services
and
corrections
to
work
together
so
that
10
the
administration
of
the
state
mental
health
institute’s
11
facilities
is
transferred
from
the
department
of
human
services
12
to
the
department
of
corrections
over
the
course
of
fiscal
year
13
2009-2010
and
the
succeeding
fiscal
year
and
is
completed
on
14
or
before
July
1,
2011.
15
The
transition
provisions
include
requirements
for
the
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department
of
human
services
to
revise
the
catchment
areas
17
for
state
mental
health
institutes
from
four
to
three
and
to
18
transfer
patients
at
the
Mount
Pleasant
facility
to
suitable
19
placements.
Moneys
appropriated
to
the
department
of
human
20
services
for
the
two
state
mental
health
institutes
for
fiscal
21
year
2009-2010
are
to
be
used
for
patient
services
and
the
22
department
of
human
services
administrative
costs
connected
to
23
the
transfer.
24
Administrative
rules
applicable
to
the
state
mental
health
25
institute
at
Mount
Pleasant
in
effect
as
of
July
1,
2009,
26
are
to
remain
in
effect
until
completion
of
the
transfer
27
of
administration
of
the
facilities
to
the
department
of
28
corrections.
The
directors
of
the
department
of
human
services
29
and
the
department
of
corrections
are
required
to
jointly
30
provide
written
notice
to
the
legislative
services
agency
when
31
the
transfer
is
complete.
32
The
division
may
include
a
state
mandate
as
defined
in
33
Code
section
25B.3.
The
division
makes
inapplicable
Code
34
section
25B.2,
subsection
3,
which
would
relieve
a
political
35
subdivision
from
complying
with
a
state
mandate
if
funding
for
1
the
cost
of
the
state
mandate
is
not
provided
or
specified.
2
Therefore,
political
subdivisions
are
required
to
comply
with
3
any
state
mandate
included
in
the
division.
4
DIVISION
XXXV
——
CONSOLIDATION
OF
ADVISORY
BODIES
——
5
COUNCIL
ON
HUMAN
SERVICES.
This
division
eliminates
the
6
following
bodies:
the
child
abuse
prevention
program
advisory
7
council
(Code
section
235A.1),
the
child
support
advisory
8
committee
(Code
section
252B.18),
and
the
child
welfare
9
advisory
committee
(Code
section
234.3),
and
reauthorizes
these
10
bodies
as
advisory
committees
established
by
the
council
on
11
human
services.
In
establishing
the
advisory
committees
and
12
appointing
members,
the
council
on
human
services
is
required
13
to
consider
reappointing
those
individuals
who
were
serving
as
14
members
of
these
bodies
as
of
June
30,
2009.
Corrections
are
15
made
to
the
Code
references
to
the
bodies.
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DIVISION
XXXVI
——
CONSOLIDATION
OF
ADVISORY
BODIES
——
STATE
17
BOARD
OF
HEALTH.
This
division
eliminates
the
following
18
bodies:
the
child
advisory
council
on
brain
injuries
(Code
19
section
135.22A),
the
center
for
rural
health
and
primary
care
20
advisory
committee
(Code
section
135.107),
the
hemophilia
21
advisory
council
(Code
chapter
135N),
the
state
medical
22
examiner
advisory
council
(Code
section
691.6C),
and
the
23
trauma
system
advisory
council
(Code
section
147A.24),
and
24
reauthorizes
these
bodies
as
advisory
committees
established
25
by
the
state
board
of
health.
In
establishing
the
advisory
26
committees
and
appointing
members,
the
state
board
of
health
27
is
required
to
consider
reappointing
those
individuals
who
28
were
serving
as
members
of
these
bodies
as
of
June
30,
2009.
29
Corrections
are
made
to
the
Code
references
to
the
bodies.
30
DIVISION
XXXVII
——
DEPARTMENT
OF
HUMAN
SERVICES
——
FAMILY
31
SUPPORT
SUBSIDY.
This
division
prohibits
the
department
of
32
human
services,
effective
July
1,
2010,
from
accepting
new
33
applications
for
the
family
support
subsidy
program
and
from
34
approving
pending
applications.
Existing
provisions
under
35
Code
section
225C.40
remain
applicable
regarding
termination
1
or
denial
of
a
subsidy
for
existing
program
participants.
2
These
provisions
include
death
of
the
participant,
eligibility
3
criteria
are
no
longer
met,
the
participant
attains
age
18,
and
4
reporting
requirements
are
not
met.
5
DIVISION
XXXVIII
——
DEPARTMENT
OF
HUMAN
SERVICES
——
6
ELECTRONIC
FUNDS
TRANSFER
PAYMENTS.
This
division
directs
the
7
department
of
human
services
to
continue
expanding
the
practice
8
of
making
payments
to
program
participants
and
vendors
by
9
means
of
electronic
funds
transfer.
A
goal
is
provided
in
new
10
Code
section
217.24
for
the
department
having
the
capacity
for
11
making
payment
by
such
means
for
all
departmental
programs.
12
DIVISION
XXXIX
——
DEPARTMENT
OF
HUMAN
SERVICES
——
ADOPTION
13
SUBSIDY
PROGRAM.
This
division
provides
that
for
the
fiscal
14
year
beginning
July
1,
2010,
the
maximum
adoption
subsidy
rate
15
authorized
by
the
department
of
human
services
is
limited
to
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the
maximum
rate
in
effect
on
June
30,
2010,
and
the
maximum
17
payment
for
nonrecurring
expenses
is
limited
to
$500
and
18
additional
amounts
for
court
costs
and
other
related
legal
19
expenses
will
no
longer
be
allowed.
20
DIVISION
XL
——
JUVENILE
DETENTION
HOME
FUND.
This
division
21
eliminates
funding
requirements
and
related
provisions
for
22
state
financial
assistance
provided
to
county
and
multicounty
23
juvenile
detention
homes.
24
Code
section
232.142
is
amended
by
striking
subsection
3
25
which
requires
the
state
to
provide
financial
aid
amounting
26
to
between
10
and
50
percent
of
the
cost
of
the
homes
and
27
subsection
6
which
establishes
the
juvenile
detention
home
fund
28
to
receive
certain
civil
penalties
relating
to
driver’s
license
29
violations.
30
Code
sections
321.210B,
321.218A,
and
321A.32A,
relating
to
31
civil
penalties
paid
to
the
department
of
transportation
when
32
the
department
suspends,
revokes,
or
bars
a
person’s
driver’s
33
license
or
nonresident
operating
privilege,
are
amended
to
34
provide
the
penalties
to
be
credited
to
the
general
fund
of
the
35
state
instead
of
the
juvenile
detention
home
fund.
1
DIVISION
XLI
——
GUARDIAN
AD
LITEM.
This
division
amends
the
2
term
“guardian
ad
litem”
in
Code
section
232.2,
which
provides
3
definitions
used
in
the
juvenile
justice
code.
A
guardian
4
ad
litem
is
a
person
appointed
by
the
court,
generally
an
5
attorney,
to
represent
the
interests
of
a
child
in
any
judicial
6
proceeding
to
which
the
child
is
a
party.
The
bill
allows
that
7
unless
provided
otherwise
by
a
court
order
or
juvenile
court
8
having
jurisdiction
over
the
child,
a
guardian
ad
litem
may
9
obtain
required
information
about
the
status
of
the
child
by
an
10
alternative
means
other
than
an
in-person
visit
or
interview,
11
provided
the
safety
of
the
child
is
not
jeopardized
by
use
of
12
the
alternative
means.
13
DIVISION
XLII
——
COUNTY
COMMISSIONS
OF
VETERAN
AFFAIRS
FUND.
14
This
division
amends
Code
section
35A.16,
relating
to
$10,000
15
grants
provided
to
county
veteran
affairs
commissions.
The
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department
of
veterans
affairs
is
required
to
implement
an
17
application
process
which
delineates
allowable
uses
for
grant
18
funding
and
provides
for
accountability
measures.
19
JUSTICE
SYSTEM.
20
DIVISION
XLIII
——
DEPARTMENT
OF
CORRECTIONS.
The
division
21
at
Code
section
904.106
is
amended
to
reduce
the
minimum
number
22
of
required
meetings
of
the
board
of
corrections
from
12
23
meetings
per
year
to
quarterly
meetings
per
year.
24
Code
section
904.505
is
amended
to
allow
the
department
of
25
corrections
to
impose
an
administrative
fee
for
the
filing
of
26
a
report
of
a
major
disciplinary
rule
infraction
for
which
an
27
inmate
is
found
guilty.
The
fee
shall
be
deposited
in
the
28
general
fund
of
the
state.
29
This
division
also
closes,
by
October
1,
2010,
the
Luster
30
Heights
facility
and
the
farm
1
and
farm
3
facilities
of
the
31
department
of
corrections
and
transfers
the
inmates
confined
at
32
such
facilities
to
other
institutions
under
the
control
of
the
33
department
of
corrections.
34
DIVISION
XLIV
——
STATE
PUBLIC
DEFENDER.
The
indigent
35
defense
advisory
commission
makes
recommendations
regarding
1
the
hourly
rates
paid
to
court-appointed
counsel
and
per
case
2
fee
limitations.
The
commission
issues
a
report
every
three
3
years.
The
division
eliminates
the
commission
and
requires
the
4
department
of
inspections
and
appeals
to
prepare
the
reports.
5
This
division
appropriates
moneys
to
the
office
of
the
state
6
public
defender
of
the
department
of
inspections
and
appeals
7
for
eight
additional
local
public
defender
positions.
The
8
division
also
appropriates
moneys
to
the
office
of
the
state
9
public
defender
for
establishing
a
local
public
defender
office
10
in
Wapello
county
pursuant
to
Code
section
13B.8.
11
DIVISION
XLV
——
IOWA
LAW
ENFORCEMENT
ACADEMY.
This
division
12
of
the
bill
requires
the
Iowa
law
enforcement
academy
to
charge
13
the
department
of
natural
resources
and
the
department
of
14
transportation
the
entire
cost
of
providing
the
basic
training
15
course
for
law
enforcement
officers.
Under
current
law,
the
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academy
may
charge
a
state
agency
not
more
than
one-half
the
17
cost
of
the
basic
training
course.
18
Division
XLV
of
this
bill
provides
that
the
Iowa
law
19
enforcement
academy,
subject
to
the
approval
of
the
Iowa
law
20
enforcement
academy
council,
shall
develop
and
administer
a
21
pilot
program
consisting
of
training
seminars
for
private
22
security
personnel,
consisting
of
50
hours
of
training
for
each
23
of
10
trainees
at
a
cost
of
$50
per
hour
of
training.
The
24
moneys
received
from
the
training
seminars
are
required
to
be
25
deposited
in
the
general
fund
of
the
state.
26
DIVISION
XLVI
——
DEPARTMENT
OF
PUBLIC
SAFETY
DIVISIONS.
27
This
division
merges
the
division
of
narcotics
enforcement
of
28
the
department
of
public
safety
with
the
division
of
criminal
29
investigation
of
the
department
of
public
safety.
30
DIVISION
XLVII
——
DEPARTMENT
OF
PUBLIC
SAFETY
——
OFFICE
OF
31
DRUG
CONTROL
POLICY.
The
division
transfers
the
administration
32
of
the
governor’s
office
of
drug
control
policy
from
the
office
33
of
the
governor
to
the
department
of
public
safety.
The
34
division
changes
the
name
of
governor’s
office
of
drug
control
35
policy
to
office
of
drug
control
policy.
1
The
division
requires
the
department
of
public
safety
to
2
review
the
budget
submitted
by
the
drug
policy
coordinator
and
3
assist
the
drug
policy
coordinator
in
directing
the
governor’s
4
office
of
drug
control
policy
pursuant
to
Code
section
80E.1.
5
The
division
does
not
modify
the
appointment
of
the
drug
6
policy
coordinator.
Currently,
the
governor
appoints
the
drug
7
policy
coordinator,
subject
to
confirmation
by
the
senate,
and
8
the
coordinator
serves
at
the
pleasure
of
the
governor.
9
The
division
also
does
not
modify
the
current
duties
of
the
10
drug
policy
coordinator
to
coordinate
and
monitor
all
statewide
11
narcotics
enforcement
efforts,
substance
abuse
treatment
grants
12
and
programs,
substance
abuse
prevention
and
education
programs
13
in
communities
and
schools,
and
to
engage
in
such
other
related
14
activities
as
required
by
law.
15
MISCELLANEOUS
PROVISIONS.
16
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S.F.
_____
DIVISION
XLVIII
——
STATE
GOVERNMENT
EFFICIENCY
REVIEW
17
COMMITTEE.
This
division
of
this
bill
establishes
a
state
18
government
efficiency
review
committee
which
shall
meet
at
19
least
every
four
years
to
review
the
operations
of
state
20
government.
The
committee
shall
consist
of
five
members
of
the
21
senate
and
five
members
of
the
house
of
representatives
who
22
shall
be
appointed
prior
to
January
31
of
the
first
regular
23
session
of
each
general
assembly.
The
committee
shall
meet
as
24
directed
by
the
legislative
council.
The
division
provides
25
that
the
committee
review
and
consider
options
for
reorganizing
26
state
government
to
improve
efficiency,
modernize
processes,
27
eliminate
duplication
and
outdated
processes,
reduce
costs,
and
28
increase
accountability.
The
bill
requires
the
committee,
as
29
enacted
by
this
bill,
to
issue
its
first
report
by
January
1,
30
2014,
and
at
least
every
fourth
year
thereafter.
31
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