House File 2434 - Introduced HOUSE FILE 2434 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 645) A BILL FOR An Act relating to government operations and efficiency, school 1 elections, eliminating certain tax credits, and including 2 effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6025HV (4) 84 ec/rj
H.F. 2434 DIVISION I 1 GOVERNMENT INFORMATION TECHNOLOGY SERVICES 2 Section 1. Section 8A.205, subsection 2, paragraph g, Code 3 2011, is amended to read as follows: 4 g. Encourage participating agencies to utilize duplex 5 printing and a print on demand strategy to reduce printing 6 costs, publication overruns, excessive inventory, and obsolete 7 printed materials. 8 Sec. 2. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 9 INFORMATION TECHNOLOGY DEVICE INVENTORY. 10 1. The department of administrative services shall complete 11 an inventory of information technology devices utilized by the 12 department and participating agencies, as defined in section 13 8A.201. The department shall conduct the inventory with the 14 goal of identifying potential information technology device 15 upgrades, changes, or other efficiencies that will meet the 16 information technology needs of the applicable department or 17 agency at reduced cost to the state. 18 2. The department shall submit a report to the general 19 assembly by January 1, 2013, describing the department’s 20 actions as required by this section. The report shall, 21 if applicable, identify any statutory barriers or needed 22 technology investments for pursuing efforts described in this 23 section and shall include in the report its findings and any 24 recommendations for legislative action. 25 Sec. 3. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 26 INFORMATION TECHNOLOGY COORDINATION AND MANAGEMENT. 27 1. The department of administrative services, in accordance 28 with the requirements of 2010 Acts, chapter 1031, and Code 29 section 8A.202, subsection 2, paragraph “g”, to coordinate and 30 manage information technology services within the department, 31 shall establish a schedule by which all departments subject 32 to the requirements of that Act and chapter 8A shall comply 33 with these requirements. The schedule shall provide for 34 implementation of the requirements to all affected state 35 -1- LSB 6025HV (4) 84 ec/rj 1/ 39
H.F. 2434 agencies and departments by December 31, 2013. The department 1 shall submit a copy of the schedule to the general assembly 2 by July 31, 2012, and shall provide periodic updates to the 3 general assembly on the progress of meeting the time deadlines 4 contained in the schedule. 5 2. In procuring information technology as provided in 6 section 8A.207, the department of administrative services 7 should explore strategies of procuring information technology 8 through leasing. 9 DIVISION II 10 PERSONNEL AND BENEFITS 11 Sec. 4. NEW SECTION . 8A.440 Group health insurance —— 12 family enrollment. 13 1. If a state employee covered by a collective bargaining 14 agreement entered into pursuant to chapter 20 and the state 15 employee’s spouse, who is also a state employee, are both 16 members of a state group health insurance plan for employees 17 of the state established under chapter 509A, the employee and 18 the spouse shall be required to enroll in a single family group 19 health insurance plan. 20 2. If a state employee not covered by a collective 21 bargaining agreement as provided in chapter 20 and the state 22 employee’s spouse, who is also a state employee, are both 23 members of a state group health insurance plan for employees 24 of the state established under chapter 509A, the employee and 25 spouse shall be required to enroll in a single family group 26 health insurance plan for both state employees in the same 27 manner as is required under the collective bargaining agreement 28 that covers the greatest number of state employees in the state 29 government entity employing the state employee. 30 Sec. 5. NEW SECTION . 9.8 Employee classifications. 31 In addition to public employees listed in section 20.4, 32 public employees of the secretary of state who hold positions 33 as information technology specialists are excluded from chapter 34 20. 35 -2- LSB 6025HV (4) 84 ec/rj 2/ 39
H.F. 2434 Sec. 6. Section 97B.1A, subsection 26, paragraph a, 1 subparagraph (1), subparagraph division (d), Code Supplement 2 2011, is amended to read as follows: 3 (d) For a member of the general assembly, the total 4 compensation received by a member of the general assembly, 5 whether paid in the form of per diem or annual salary, 6 exclusive of expense expenses, per diem, and travel allowances 7 paid to a member of the general assembly except as otherwise 8 provided in this subparagraph division . Wages includes per 9 diem payments paid to members of the general assembly during 10 interim periods between sessions of the general assembly. 11 Wages also includes daily allowances to members of the general 12 assembly for nontravel expenses of office during a session of 13 the general assembly, but does not include the portion of the 14 daily allowance which exceeds the maximum established by law 15 for members from Polk county. 16 Sec. 7. Section 97B.1A, subsection 26, paragraph a, 17 subparagraph (2), subparagraph divisions (h) and (i), Code 18 Supplement 2011, are amended to read as follows: 19 (h) Reimbursements of employee business expenses except for 20 those expenses included as wages for a member of the general 21 assembly . 22 (i) Payments for allowances except for those allowances 23 included as wages for a member of the general assembly . 24 Sec. 8. GROUP HEALTH INSURANCE COVERAGE FOR STATE 25 EMPLOYEES. 26 1. The state’s executive and judicial branch authorities 27 responsible for negotiating the collective bargaining 28 agreements entered into under chapter 20 shall engage in 29 discussions with the applicable state employee organizations 30 to renegotiate provisions involving health insurance coverage 31 of state employees and their families in order to achieve cost 32 savings for the state. The discussions shall include but 33 are not limited to a requirement for a state employee who is 34 covered by a collective bargaining agreement and whose spouse 35 -3- LSB 6025HV (4) 84 ec/rj 3/ 39
H.F. 2434 is also a state employee, where both the state employee covered 1 by the agreement and the spouse are members of a state group 2 health insurance plan for employees of the state established 3 under chapter 509A, to enroll in a single family group health 4 insurance plan for both state employees. 5 2. If collective bargaining agreements are renegotiated 6 to achieve cost savings pursuant to subsection 1, the cost 7 savings provisions shall also apply to state employees who are 8 not covered by collective bargaining as provided in chapter 9 20 and are members of a state group health insurance plan for 10 employees of the state established under chapter 509A. 11 3. Beginning on the effective date of this section, a state 12 legislator or legislative staff member whose spouse is a state 13 employee, where both employees are members of a state group 14 health insurance plan for employees of the state established 15 under chapter 509A, shall be required to enroll in a single 16 family group health insurance plan for both employees. 17 Sec. 9. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 18 HUMAN RESOURCES ADMINISTRATION STUDY. The department of 19 administrative services shall conduct a study to examine the 20 feasibility of issuing a request for proposals to enter into 21 a contract with a private entity for the provision of human 22 resources services provided by the department of administrative 23 services for state employees, to include management of 24 human resources, employee benefits, payroll, payroll tax 25 administration, and workers’ compensation. The study shall 26 identify potential cost savings, legal requirements, and other 27 relevant issues, in considering entering into a contract with a 28 private entity for the provision of human resources services 29 for state employees. The department shall submit a report to 30 the general assembly detailing the results of its study by 31 January 1, 2013. 32 Sec. 10. APPLICABILITY. The section of this division 33 of this Act enacting section 8A.440, applies to collective 34 bargaining agreements entered into on or after the effective 35 -4- LSB 6025HV (4) 84 ec/rj 4/ 39
H.F. 2434 date of that section of this division of this Act. 1 Sec. 11. EFFECTIVE UPON ENACTMENT. The following sections 2 of this division of this Act, being deemed of immediate 3 importance, take effect upon enactment: 4 1. The section of this division enacting section 8A.440. 5 2. The section of this division relating to group health 6 insurance coverage for state employees. 7 3. The section of this division relating to applicability. 8 DIVISION III 9 MEDICATION THERAPY MANAGEMENT 10 Sec. 12. NEW SECTION . 8A.441 Medication therapy management. 11 1. As used in this section, unless the context otherwise 12 requires: 13 a. “Eligible employee” means an employee of the state, with 14 the exception of an employee of the state board of regents or 15 institutions under the state board of regents, for whom group 16 health plans are established pursuant to chapter 509A providing 17 for third-party payment or prepayment for health or medical 18 expenses. 19 b. “Medication therapy management” means a systematic 20 process performed by a licensed pharmacist, designed to improve 21 quality outcomes for patients and lower health care costs, 22 including emergency room, hospital, provider, and other costs, 23 by optimizing appropriate medication use linked directly to 24 achievement of the clinical goals of therapy. Medication 25 therapy management shall include all of the following services: 26 (1) A medication therapy review and in-person consultation 27 relating to all medications, vitamins, and herbal supplements 28 currently being taken by an eligible individual. 29 (2) A medication action plan, subject to the limitations 30 specified in this section, communicated to the individual and 31 the individual’s primary care physician or other appropriate 32 prescriber to address issues including appropriateness, 33 effectiveness, safety, drug interactions, and adherence. The 34 medication action plan may include drug therapy recommendations 35 -5- LSB 6025HV (4) 84 ec/rj 5/ 39
H.F. 2434 to prescribers that are needed to meet clinical goals and 1 achieve optimal patient outcomes. 2 (3) Documentation and follow-up to ensure consistent levels 3 of pharmacy services and positive outcomes. 4 2. a. The department shall utilize a request for proposals 5 process and shall enter into a contract for the provision of 6 medication therapy management services for eligible employees 7 who meet any of the following criteria: 8 (1) An individual who takes four or more prescription drugs 9 to treat or prevent two or more chronic medical conditions. 10 (2) An individual with a prescription drug therapy problem 11 who is identified by the prescribing physician or other 12 appropriate prescriber, and referred to a pharmacist for 13 medication therapy management services. 14 (3) An individual who meets other criteria established by 15 the third-party payment provider contract, policy, or plan. 16 b. The contract shall require the entity to provide annual 17 reports to the general assembly detailing the costs, savings, 18 estimated cost avoidance and return on investment, and improved 19 patient outcomes related to the medication therapy management 20 services provided. The entity shall guarantee demonstrated 21 annual savings for overall health care costs, including 22 emergency room, hospital, provider, and other costs, with 23 savings including associated cost avoidance, at least equal 24 to the program’s costs with any shortfall amount refunded to 25 the state. The contract shall include terms, conditions, 26 and applicable measurement standards associated with the 27 demonstration of savings. The department shall verify the 28 demonstrated savings reported by the entity was achieved in 29 accordance with the agreed upon measurement standards. The 30 entity shall be prohibited from using the entity’s employees to 31 provide the medication therapy management services and shall 32 instead be required to contract with licensed pharmacies, 33 pharmacists, or physicians. 34 c. The department may establish an advisory committee 35 -6- LSB 6025HV (4) 84 ec/rj 6/ 39
H.F. 2434 comprised of an equal number of physicians and pharmacists 1 to provide advice and oversight in evaluating the results of 2 the program. The department shall appoint the members of the 3 advisory committee based upon designees of the Iowa pharmacy 4 association, the Iowa medical society, and the Iowa osteopathic 5 medical association. 6 d. The fees for pharmacist-delivered medication therapy 7 management services shall be separate from the reimbursement 8 for prescription drug product or dispensing services; shall 9 be determined by each third-party payment provider contract, 10 policy, or plan; and must be reasonable based on the resources 11 and time required to provide the service. 12 e. A fee shall be established for physician reimbursement 13 for services delivered for medication therapy management as 14 determined by each third-party payment provider contract, 15 policy, or plan, and must be reasonable based on the resources 16 and time required to provide the service. 17 f. If any part of the medication therapy management 18 plan developed by a pharmacist incorporates services which 19 are outside the pharmacist’s independent scope of practice 20 including the initiation of therapy, modification of dosages, 21 therapeutic interchange, or changes in drug therapy, the 22 express authorization of the individual’s physician or other 23 appropriate prescriber is required. 24 Sec. 13. EFFECTIVE UPON ENACTMENT. This division of this 25 Act, being deemed of immediate importance, takes effect upon 26 enactment. 27 DIVISION IV 28 IOWA LAW ENFORCEMENT ACADEMY 29 Sec. 14. IOWA LAW ENFORCEMENT ACADEMY —— CURRICULUM AND 30 COURSE EFFICIENCIES. The director of the Iowa law enforcement 31 academy, in consultation with the Iowa law enforcement academy 32 council, shall examine its course offerings to law enforcement 33 officers with the goal of offering core courses to all law 34 enforcement officers instead of offering distinct courses to 35 -7- LSB 6025HV (4) 84 ec/rj 7/ 39
H.F. 2434 different groupings of law enforcement officers. 1 DIVISION V 2 STATE PHYSICAL RESOURCES 3 Sec. 15. STATE EMPLOYEE WORK ENVIRONMENT ANALYSIS 4 AND REPORT. By September 30, 2012, the department of 5 administrative services shall conduct a high level needs 6 analysis of state employee work stations and office standards, 7 focusing on reducing square footage needs and creating 8 healthy, productive, and efficient work environments. Overall 9 objectives of the analysis shall include improving employee 10 density; properly allocating space for individual and group 11 work; improving worker health and safety; improving technology 12 integration; and improving energy efficiency and sustainability 13 in state offices. The department shall submit findings and 14 recommendations to the capitol planning commission and to the 15 legislative government oversight committees by October 30, 16 2012. 17 Sec. 16. DEPARTMENT OF NATURAL RESOURCES —— SALE OF REAL 18 PROPERTY. During the fiscal period beginning on the effective 19 date of this division of this Act, and ending June 30, 2013, 20 the department of natural resources shall identify and sell 21 real property under the control of the department, the sale of 22 which is not otherwise prohibited by federal law, that is not 23 utilized for state parks and forests in sufficient acreage that 24 shall generate at least twenty million dollars. However, real 25 property received by the department in the form of a devise or 26 that is not farmable shall not be sold. Notwithstanding any 27 provision of law to the contrary, the department of natural 28 resources shall be authorized to sell real property and 29 moneys received for the sale of real property pursuant to this 30 section shall be deposited in the Iowa resources enhancement 31 and protection fund established in section 455A.18. Moneys 32 deposited in the Iowa resources enhancement and protection fund 33 from the sale of real property pursuant to this section shall 34 not be allocated to the open spaces account in the fund and 35 -8- LSB 6025HV (4) 84 ec/rj 8/ 39
H.F. 2434 shall not be utilized for land acquisition. 1 Sec. 17. EFFECTIVE UPON ENACTMENT. This division of this 2 Act, being deemed of immediate importance, takes effect upon 3 enactment. 4 DIVISION VI 5 FILM PROJECT AND TAX CREDIT PROGRAM 6 Sec. 18. Section 2.48, subsection 3, paragraph c, 7 subparagraph (5), Code 2011, is amended by striking the 8 subparagraph. 9 Sec. 19. Section 15.119, subsection 2, paragraph b, Code 10 Supplement 2011, is amended by striking the paragraph. 11 Sec. 20. Section 422.7, subsection 52, Code Supplement 12 2011, is amended by striking the subsection. 13 Sec. 21. Section 422.33, subsections 23 and 24, Code 14 Supplement 2011, are amended by striking the subsections. 15 Sec. 22. Section 422.35, subsection 23, Code Supplement 16 2011, is amended by striking the subsection. 17 Sec. 23. Section 422.60, subsections 10 and 11, Code 18 Supplement 2011, are amended by striking the subsections. 19 Sec. 24. Section 533.329, subsection 2, paragraphs f and g, 20 Code Supplement 2011, are amended by striking the paragraphs. 21 Sec. 25. REPEAL. Sections 15.391, 15.392, 15.393, 422.11T, 22 422.11U, 432.12J, and 432.12K, Code and Code Supplement 2011, 23 are repealed. 24 Sec. 26. EFFECTIVE UPON ENACTMENT. This division of this 25 Act, being deemed of immediate importance, takes effect upon 26 enactment. 27 Sec. 27. RETROACTIVE APPLICABILITY. This division of this 28 Act applies retroactively to January 1, 2012, for tax years 29 beginning on or after that date. 30 Sec. 28. APPLICABILITY. This division of this Act does not 31 apply to contracts or agreements entered into on or before the 32 effective date of this division of this Act. 33 DIVISION VII 34 HUMAN SERVICES —— FOOD ASSISTANCE PROGRAM 35 -9- LSB 6025HV (4) 84 ec/rj 9/ 39
H.F. 2434 Sec. 29. FOOD ASSISTANCE PROGRAM —— AUTHORITY TO RESTRICT 1 USE OF BENEFITS. The department of human services shall submit 2 a request to the United States department of agriculture for 3 authorization for a waiver, pilot project, or other approach 4 for restricting the use of food assistance benefits, as 5 administered by the state under the federal supplemental 6 nutrition assistance program, for food items with a low 7 nutritional value. The request shall be submitted within 60 8 days of the effective date of this division of this Act. The 9 department shall regularly report on the status of the request 10 to the members of the joint appropriations subcommittee on 11 health and human services and the legislative services agency. 12 Sec. 30. EFFECTIVE UPON ENACTMENT. This division of this 13 Act, being deemed of immediate importance, takes effect upon 14 enactment. 15 DIVISION VIII 16 MENTAL HEALTH SERVICES 17 Sec. 31. Section 225C.6, subsection 1, paragraph k, Code 18 Supplement 2011, is amended to read as follows: 19 k. Coordinate activities with the governor’s developmental 20 disabilities council and the mental health planning council, 21 created pursuant to federal law. The commission shall receive 22 any official reports from the two councils and shall consider 23 any recommendations made in the reports. The commission shall 24 work with other state agencies on coordinating, collaborating, 25 and communicating concerning activities involving persons with 26 disabilities. 27 Sec. 32. Section 426B.5, subsection 2, paragraph c, Code 28 Supplement 2011, is amended to read as follows: 29 c. A The mental health and disability services commission 30 created in section 225C.5 shall serve as the risk pool board 31 is created and shall fulfill the duties of the risk pool board 32 in accordance with this section . The board shall consist of 33 two county supervisors, two county auditors, a member of the 34 mental health and disability services commission who is not a 35 -10- LSB 6025HV (4) 84 ec/rj 10/ 39
H.F. 2434 member of a county board of supervisors, a member of the county 1 finance committee created in chapter 333A who is not an elected 2 official, a representative of a provider of mental health or 3 developmental disabilities services selected from nominees 4 submitted by the Iowa association of community providers, and 5 two central point of coordination process administrators, 6 all appointed by the governor, and one member appointed by 7 the director of human services. All members appointed by 8 the governor shall be subject to confirmation by the senate. 9 Members shall serve for three-year terms. A vacancy shall 10 be filled in the same manner as the original appointment. 11 Expenses and other costs of the risk pool board members 12 representing counties shall be paid by the county of origin. 13 Expenses and other costs of risk pool board members who do 14 not represent counties shall be paid from a source determined 15 by the governor. The mental health and disability services 16 commission may appoint a risk pool advisory committee which may 17 include the interests comprising the risk pool board under this 18 section, Code 2011, to make recommendations to the commission 19 regarding the risk pool board decisions and other functions 20 required by this section. Staff assistance to the for risk 21 pool board decision making shall be provided by the department 22 of human services and counties. Actuarial expenses and other 23 direct administrative costs shall be charged to the pool. 24 DIVISION IX 25 OPERATIONAL EFFICIENCIES 26 Sec. 33. STATE DEPARTMENT AND AGENCY LIMITATIONS ON 27 MAIL. Notwithstanding any provision of the law to the 28 contrary, a state department or agency shall provide 29 departmental or agency notices or information through the 30 department’s or agency’s internet site or through electronic 31 mail to the fullest extent possible. This requirement shall 32 not apply to department and agency communications required 33 for purposes of pursuing legal action or to comply with 34 federal law. Departments and agencies shall have rulemaking 35 -11- LSB 6025HV (4) 84 ec/rj 11/ 39
H.F. 2434 authority to implement this section and to collect electronic 1 mail addresses for the purpose of electronic communications. 2 Electronic mail addresses collected by state departments and 3 agencies under this section shall be considered confidential 4 information pursuant to section 22.7 exempt from open records 5 requests under chapter 22. 6 DIVISION X 7 STATE RECORDS 8 Sec. 34. Section 96.11, subsection 11, Code 2011, is amended 9 to read as follows: 10 11. Destruction of records. The department may destroy 11 or dispose of such original reports or records as have been 12 properly recorded or summarized in the permanent records of 13 the department and are deemed by the director and the state 14 records commission department of cultural affairs to be no 15 longer necessary to the proper administration of this chapter . 16 Wage records of the individual worker or transcripts therefrom 17 may be destroyed or disposed of, if approved by the state 18 records commission department of cultural affairs , two years 19 after the expiration of the period covered by such wage records 20 or upon proof of the death of the worker. Such destruction 21 or disposition shall be made only by order of the director in 22 consultation with the state records commission department of 23 cultural affairs . Any moneys received from the disposition of 24 such records shall be deposited to the credit of the employment 25 security administration fund, subject to rules promulgated by 26 the department. 27 Sec. 35. Section 305.2, subsection 2, Code 2011, is amended 28 to read as follows: 29 2. “Archives” means records that have been appraised by 30 the state records commission department as having sufficient 31 historical, research, evidential, or informational value to 32 warrant permanent preservation and that have been transferred 33 to the custody of the state archives. 34 Sec. 36. Section 305.2, subsections 3 and 5, Code 2011, are 35 -12- LSB 6025HV (4) 84 ec/rj 12/ 39
H.F. 2434 amended by striking the subsections. 1 Sec. 37. Section 305.2, Code 2011, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 4A. “Department” means the department of 4 cultural affairs. 5 Sec. 38. Section 305.2, subsection 10, Code 2011, is amended 6 to read as follows: 7 10. “Records series retention and disposition schedule” 8 means a timetable established by the state records commission 9 department that describes the length of time a records series 10 of an agency or multiple agencies must be retained in active 11 and inactive status and provides authorization for a final 12 disposition of the records series by destruction or permanent 13 retention. 14 Sec. 39. Section 305.4, unnumbered paragraph 1, Code 2011, 15 is amended to read as follows: 16 The commission department shall adopt government information 17 policies, standards, and guidelines to do all of the following: 18 Sec. 40. Section 305.8, subsection 1, unnumbered paragraph 19 1, Code 2011, is amended to read as follows: 20 The commission department shall do all of the following: 21 Sec. 41. Section 305.8, subsection 1, Code 2011, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . 0e. Provide training, advice, and counsel 24 to agencies on government information policies, standards, and 25 guidelines. 26 Sec. 42. Section 305.8, subsection 1, Code 2011, is amended 27 by adding the following new paragraphs: 28 NEW PARAGRAPH . 0f. Develop and distribute operating 29 procedures for agencies to use to implement the plans, 30 policies, standards, and guidelines adopted by the department. 31 NEW PARAGRAPH . 00f. Manage any centralized records storage 32 facility established by the department for the temporary 33 storage of agency records prior to their final disposition by 34 destruction or permanent preservation in accordance with the 35 -13- LSB 6025HV (4) 84 ec/rj 13/ 39
H.F. 2434 records series retention and disposition schedules. 1 NEW PARAGRAPH . 000f. Appoint a state archivist to head the 2 state archives and records program. 3 NEW PARAGRAPH . 0000f. Manage the state archives and develop 4 operating procedures for the transfer, accession, arrangement, 5 description, preservation, protection, and public access of 6 those records the department identifies as having permanent 7 value. 8 NEW PARAGRAPH . 00000f. Maintain physical custody and legal 9 custody of archives that have been transferred and delivered 10 to the state archives. 11 (1) Upon receipt by the state archivist, the archives shall 12 not be removed without the state archivist’s consent except in 13 response to a subpoena of a court of record or in accordance 14 with approved records series retention and disposition 15 schedules or after review and approval of the department. 16 (2) Upon request, the state archivist shall make a certified 17 copy of any record in the legal custody or in the physical 18 custody of the state archivist, or a certified transcript 19 of any record if reproduction is inappropriate because of 20 legal or physical considerations. If a copy or transcript is 21 properly authenticated, it has the same legal effect as though 22 certified by the officer from whose office it was transferred 23 or by the secretary of state. The department shall establish 24 reasonable fees for certified copies or certified transcripts 25 of records in the legal custody or physical custody of the 26 state archivist. 27 NEW PARAGRAPH . 000000f. Establish, maintain, and administer 28 an archive of records created and maintained in electronic 29 format in order to preserve and provide public access to state 30 government records identified as having permanent historical 31 value by the department. 32 Sec. 43. Section 305.8, subsection 1, Code 2011, is amended 33 by adding the following new paragraph: 34 NEW PARAGRAPH . 0i. Establish rates to be charged an agency 35 -14- LSB 6025HV (4) 84 ec/rj 14/ 39
H.F. 2434 by the department for storage and retention of records of 1 the agency in a records storage facility maintained by the 2 department. Rates established shall be reviewed annually by 3 the department and shall be reasonably related to the cost of 4 storing and retaining records of an agency. 5 Sec. 44. Section 305.8, subsection 2, unnumbered paragraph 6 1, Code 2011, is amended to read as follows: 7 The commission department may do all of the following: 8 Sec. 45. Section 305.8, subsection 2, Code 2011, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . 0g. Upon written consent of the state 11 archivist, accept records of political subdivisions that are 12 voluntarily transferred to the state archives. 13 Sec. 46. Section 305.8, subsection 2, paragraph e, Code 14 2011, is amended to read as follows: 15 e. Make, or cause to be made, preservation duplicates of 16 records, which may include existing copies of original state 17 records. Any preservation duplicate record shall be durable, 18 accurate, complete, and clear, and shall be made by means 19 designated by the commission department . 20 Sec. 47. NEW SECTION . 305.8A Records retention and storage 21 costs —— billing —— internal service fund. 22 1. The department may bill an agency for records storage 23 and retention services rendered by the department pursuant to 24 the rates established by the department for these services. 25 The department shall periodically render a billing statement 26 to an agency outlining the cost of services provided. The 27 amount indicated on the statement shall be paid by the agency 28 and amounts received by the department shall be considered 29 repayment receipts as defined in section 8.2, and deposited 30 into the accounts of the department. 31 2. a. The department may establish and maintain an internal 32 service fund in accordance with generally accepted accounting 33 principles, as defined in section 8.57, for the records storage 34 and retention activities of the department which are primarily 35 -15- LSB 6025HV (4) 84 ec/rj 15/ 39
H.F. 2434 funded from billings to agencies for services rendered by the 1 department. 2 b. The internal service fund shall be administered by 3 the department and shall consist of moneys collected by the 4 department from billings issued in accordance with this section 5 and any other moneys obtained or accepted by the department, 6 including but not limited to gifts, loans, donations, grants, 7 and contributions, which are designated to support the 8 activities of the internal service fund. 9 c. The proceeds of the internal service fund established 10 pursuant to this section shall be used by the department 11 for the operations of the department in records storage and 12 retention consistent with this chapter. 13 d. Section 8.33 does not apply to any moneys in the 14 internal service fund established pursuant to this section. 15 Notwithstanding section 12C.7, subsection 2, interest or 16 earnings on moneys deposited in the fund shall be credited to 17 the fund. 18 e. The director of the department shall annually provide 19 financial information and reports relative to the internal 20 service fund established pursuant to this section to the 21 department of management and the general assembly. The 22 information provided may include the recommendation that a 23 portion of unexpended net income be periodically returned to 24 the appropriate funding source. 25 Sec. 48. Section 305.10, subsection 1, paragraphs c, d, e, 26 f, and j, Code 2011, are amended to read as follows: 27 c. Cooperate with the state records commission department 28 and the state archives and records program in the development 29 and implementation of government information policies, 30 standards, and guidelines, and in the development and 31 implementation of records series retention and disposition 32 schedules. 33 d. Comply with requests from the state records commission 34 or department and the state archives and records program to 35 -16- LSB 6025HV (4) 84 ec/rj 16/ 39
H.F. 2434 examine records in the possession, constructive possession, or 1 control of the agency in order to carry out the purposes of 2 this chapter . 3 e. Inventory agency records in accordance with state 4 records commission department policies to draft records series 5 retention and disposition schedules. 6 f. Identify vital operating records in accordance with 7 the policies, standards, and guidelines of the state records 8 commission department . 9 j. Provide for compliance with this chapter and the rules 10 adopted by the state records commission department . 11 Sec. 49. Section 305.10, subsection 2, Code 2011, is amended 12 to read as follows: 13 2. Agency heads may petition the state records commission 14 department to create or modify government information policies, 15 standards, and guidelines, and to create or modify records 16 series retention and disposition schedules. 17 Sec. 50. Section 305.11, Code 2011, is amended to read as 18 follows: 19 305.11 Termination of state agency —— records transfer. 20 Upon the termination of a state agency whose functions have 21 not been transferred to another agency, custody of the records 22 of the agency shall transfer to the commission department . 23 Sec. 51. Section 305.14, Code 2011, is amended to read as 24 follows: 25 305.14 Liability precluded. 26 No member employee of the commission department or head of 27 an agency shall be held liable for damages or loss, or civil 28 or criminal liability, because of the destruction of public 29 records pursuant to the provisions of this chapter or any other 30 law authorizing their destruction. 31 Sec. 52. Section 305.15, Code 2011, is amended to read as 32 follows: 33 305.15 Exemptions —— duties of state department of 34 transportation and state board of regents. 35 -17- LSB 6025HV (4) 84 ec/rj 17/ 39
H.F. 2434 The state department of transportation and the agencies and 1 institutions under the control of the state board of regents 2 are exempt from the state records manual and the provisions of 3 this chapter . However, the state department of transportation 4 and the state board of regents shall adopt rules pursuant to 5 chapter 17A for their employees, agencies, and institutions 6 that are consistent with the objectives of this chapter . 7 The rules shall be approved by the state records commission 8 department . 9 Sec. 53. Section 305.16, subsection 6, paragraph b, 10 subparagraph (1), Code 2011, is amended to read as follows: 11 (1) Serve in an advisory capacity to the state records 12 commission department , the state archives and records program, 13 and other statewide archival or records agencies. 14 Sec. 54. Section 321.31, subsection 1, paragraph b, Code 15 2011, is amended to read as follows: 16 b. The department may make photostatic, microfilm, or other 17 photographic copies of certificates of title, registration 18 receipts, or other records, reports or documents which are 19 required to be retained by the department. When copies have 20 been made, the department may destroy the original records in 21 such manner as prescribed by the director. The photostatic, 22 microfilm, or other photographic copies, when no longer of use, 23 may be destroyed in the manner prescribed by the director, 24 subject to the approval of the state records commission 25 department of cultural affairs . Photostatic, microfilm, or 26 other photographic copies of records shall be admissible in 27 evidence when duly certified and authenticated by the officer 28 having custody and control of the copies of records. Records 29 of vehicle certificates of title may be destroyed seven years 30 after the date of issue. 31 Sec. 55. REPEAL. Sections 305.3, 305.5, 305.6, 305.7, and 32 305.9, Code 2011, are repealed. 33 Sec. 56. IOWA BUILDING —— CENTRALIZED RECORDS STORAGE 34 FACILITY. The department of cultural affairs shall utilize the 35 -18- LSB 6025HV (4) 84 ec/rj 18/ 39
H.F. 2434 Iowa building as the centralized records storage facility for 1 records received by the department upon the conclusion of the 2 existing lease for the building currently utilized for this 3 purpose. The department, in collaboration with the department 4 of administrative services, shall conduct an assessment of the 5 Iowa building and shall identify space within the building 6 that can be utilized for this purpose. If modifications 7 or renovations to the Iowa building are necessary for the 8 department to utilize space in the building for a centralized 9 records storage facility, the department, in collaboration with 10 the department of administrative services, shall determine the 11 estimated cost of the modifications or renovations needed and 12 shall provide this information to the general assembly. 13 Sec. 57. ADMINISTRATIVE RULES —— TRANSITION PROVISIONS. 14 1. Any rule, regulation, form, order, or directive 15 promulgated by the state records commission relative to the 16 provisions of this Act in existence on the effective date of 17 this division of this Act shall continue in full force and 18 effect until amended, repealed, or supplemented by affirmative 19 action of the department of cultural affairs under the duties 20 and powers established in this division of this Act and under 21 the procedure established in subsection 2. 22 2. In regard to updating references and format in the Iowa 23 administrative code in order to correspond to the transferring 24 of duties as established in this division of this Act, the 25 administrative rules coordinator and the administrative rules 26 review committee, in consultation with the administrative code 27 editor, shall jointly develop a schedule for the necessary 28 updating of the Iowa administrative code. 29 DIVISION XI 30 LOCAL GOVERNMENT 31 Sec. 58. Section 39.2, subsection 4, paragraph c, Code 2011, 32 is amended to read as follows: 33 c. For a school district or merged area, in the odd-numbered 34 year, the first Tuesday in February, the first Tuesday in 35 -19- LSB 6025HV (4) 84 ec/rj 19/ 39
H.F. 2434 April, the last Tuesday in June, or the second first Tuesday 1 in September after the first Monday in November . For a school 2 district or merged area, in the even-numbered year, the first 3 Tuesday in February, the first Tuesday in April, the second 4 Tuesday in September, or the first Tuesday in December. 5 Sec. 59. Section 260C.12, subsection 1, Code 2011, is 6 amended to read as follows: 7 1. The board of directors of the merged area shall organize 8 at the first regular meeting in October December following the 9 regular school election. Organization of the board shall be 10 effected by the election of a president and other officers from 11 the board membership as board members determine. The board 12 of directors shall appoint a secretary and a treasurer who 13 shall each give bond as prescribed in section 291.2 and who 14 shall each receive the salary determined by the board. The 15 secretary and treasurer shall perform duties under chapter 291 16 and additional duties the board of directors deems necessary. 17 However, the board may appoint one person to serve as the 18 secretary and treasurer. If one person serves as the secretary 19 and treasurer, only one bond is necessary for that person. The 20 frequency of meetings other than organizational meetings shall 21 be as determined by the board of directors but the president 22 or a majority of the members may call a special meeting at any 23 time. 24 Sec. 60. Section 260C.13, subsection 1, Code 2011, is 25 amended to read as follows: 26 1. The board of a merged area may change the number of 27 directors on the board and shall make corresponding changes 28 in the boundaries of director districts. Changes shall be 29 completed not later than June August 1 of the year of the 30 regular school election. As soon as possible after adoption 31 of the boundary changes, notice of changes in the director 32 district boundaries shall be submitted by the merged area to 33 the county commissioner of elections in all counties included 34 in whole or in part in the merged area. 35 -20- LSB 6025HV (4) 84 ec/rj 20/ 39
H.F. 2434 Sec. 61. Section 273.8, subsection 2, paragraphs a and b, 1 Code 2011, are amended to read as follows: 2 a. Notice of the election shall be published by the area 3 education agency administrator not later than July September 15 4 of the odd-numbered year in at least one newspaper of general 5 circulation in the director district. The cost of publication 6 shall be paid by the area education agency. 7 b. A candidate for election to the area education agency 8 board shall file a statement of candidacy with the area 9 education agency secretary not later than August October 15 of 10 the odd-numbered year, on forms prescribed by the department 11 of education. The statement of candidacy shall include the 12 candidate’s name, address, and school district. The list of 13 candidates shall be sent by the secretary of the area education 14 agency in ballot form by certified mail to the presidents of 15 the boards of directors of all school districts within the 16 director district not later than September November 1. In 17 order for the ballot to be counted, the ballot must be received 18 in the secretary’s office by the end of the normal business 19 day on September November 30 or be clearly postmarked by an 20 officially authorized postal service not later than September 21 November 29 and received by the secretary not later than noon 22 on the first Monday following September November 30. 23 Sec. 62. Section 273.8, subsection 4, paragraph a, Code 24 2011, is amended to read as follows: 25 a. The board of directors of each area education agency 26 shall meet and organize at the first regular meeting in October 27 December following the regular school election at a suitable 28 place designated by the president. Directors whose terms 29 commence at the organizational meeting shall qualify by taking 30 the oath of office required by section 277.28 at or before the 31 organizational meeting. 32 Sec. 63. Section 273.8, subsection 6, Code 2011, is amended 33 to read as follows: 34 6. Change in directors. The board of an area education 35 -21- LSB 6025HV (4) 84 ec/rj 21/ 39
H.F. 2434 agency may change the number of directors on the board and 1 shall make corresponding changes in the boundaries of director 2 districts. Changes shall be completed not later than July 3 September 1 of a fiscal the odd-numbered year for the director 4 district conventions to be held the following September 5 November . 6 Sec. 64. Section 277.1, Code 2011, is amended to read as 7 follows: 8 277.1 Regular election. 9 The regular election shall be held biennially on the second 10 first Tuesday in September after the first Monday in November 11 of each odd-numbered year in each school district for the 12 election of officers of the district and merged area and for 13 the purpose of submitting to the voters any matter authorized 14 by law. 15 Sec. 65. Section 277.20, Code 2011, is amended to read as 16 follows: 17 277.20 Canvassing returns. 18 On the next Friday after After the regular school election, 19 the county board of supervisors shall canvass the returns 20 made to the county commissioner of elections from the several 21 precinct polling places and the absentee ballot counting board, 22 ascertain the result of the voting with regard to every matter 23 voted upon and cause a record to be made thereof , all as 24 required by section 50.24 . Special elections held in school 25 districts shall be canvassed at the time and in the manner 26 required by that section. The board shall declare the results 27 of the voting for members of boards of directors of school 28 corporations nominated pursuant to section 277.4 , and the 29 commissioner shall at once issue a certificate of election to 30 each person declared elected. The board shall also declare the 31 results of the voting on any public question submitted to the 32 voters of a single school district, and the commissioner shall 33 certify the result as required by section 50.27 . 34 The abstracts of the votes cast for members of the board 35 -22- LSB 6025HV (4) 84 ec/rj 22/ 39
H.F. 2434 of directors of any merged area, and of the votes cast on any 1 public question submitted to the voters of any merged area, 2 shall be promptly certified by the commissioner to the county 3 commissioner of elections who is responsible under section 47.2 4 for conducting the elections held for that merged area. 5 Sec. 66. EFFECTIVE DATE. This division of this Act takes 6 effect January 1, 2014. 7 DIVISION XII 8 LOCAL GOVERNMENTS —— ELECTRONIC PAYMENT 9 Sec. 67. LOCAL GOVERNMENTS —— ELECTRONIC PAYMENT. Local 10 governments shall encourage persons to pay fees and taxes 11 collected by local governments by credit or debit card or 12 other electronic means of payment. In authorizing payment 13 by electronic means, a local government shall seek to reduce 14 convenience or other handling fees charged by the local 15 government if electronic means of payment are used. Handling 16 or other fees charged should be limited to the actual cost of 17 authorizing that means of payment and should not be utilized to 18 raise additional revenue. 19 DIVISION XIII 20 ONGOING PROGRAM REVIEW 21 Sec. 68. NEW SECTION . 8.71 Ongoing program review —— repeal 22 dates. 23 1. The general assembly finds that a regular review of 24 the programs and projects administered by state government is 25 necessary to determine whether each program and project is 26 effectively and efficiently meeting the needs for which created 27 and whether the needs remain applicable. The general assembly 28 further finds that a regular, systematic review process can 29 identify the programs and projects that are no longer relevant 30 or functioning at a desirable level and can eliminate or 31 reorganize those programs and projects so that state resources 32 can be used most effectively or diverted to other priorities. 33 2. The state government efficiency review committee 34 established in section 2.69 shall propose legislation for 35 -23- LSB 6025HV (4) 84 ec/rj 23/ 39
H.F. 2434 consideration by the Eighty-fifth General Assembly, 2014 1 session, providing a staggered schedule for establishing an 2 automatic repeal date for each program or project administered 3 by a department of state government over the succeeding 4 five-year period. The review committee shall consult with 5 the office of the governor and the department of management 6 in formulating the staggered schedule and the office and 7 department shall cooperate in providing necessary information 8 requested by the committee. The repeal date provisions shall 9 be implemented in a manner so that any program or project that 10 is reauthorized by law is again subject to automatic repeal 11 five years after reauthorization. 12 DIVISION XIV 13 IOWA JOBS BOARD 14 Sec. 69. Section 12.87, subsection 12, Code Supplement 15 2011, is amended to read as follows: 16 12. Neither the treasurer of state, the Iowa jobs board 17 finance authority , nor any person acting on behalf of the 18 treasurer of state or the Iowa jobs board finance authority 19 while acting within the scope of their employment or agency, is 20 subject to personal liability resulting from carrying out the 21 powers and duties conferred by this section and sections 12.88 22 through 12.90 . 23 Sec. 70. Section 16.193, subsection 1, Code Supplement 24 2011, is amended to read as follows: 25 1. The Iowa finance authority , subject to approval by the 26 Iowa jobs board, shall adopt administrative rules pursuant to 27 chapter 17A necessary to administer the Iowa jobs program and 28 Iowa jobs II program. The authority shall provide the board 29 with assistance in implementing administrative functions, be 30 responsible for providing technical assistance and application 31 assistance to applicants under the programs, negotiating 32 contracts, and providing project follow up. The authority, in 33 cooperation with the board, may conduct negotiations on behalf 34 of the board with applicants regarding terms and conditions 35 -24- LSB 6025HV (4) 84 ec/rj 24/ 39
H.F. 2434 applicable to awards under the program. 1 Sec. 71. Section 16.194, subsection 2, Code 2011, is amended 2 to read as follows: 3 2. A city or county or a public organization in this 4 state may submit an application to the Iowa jobs board 5 authority for financial assistance for a local infrastructure 6 competitive grant for an eligible project under the program, 7 notwithstanding any limitation on the state’s percentage in 8 funding as contained in section 29C.6, subsection 17 . 9 Sec. 72. Section 16.194, subsection 4, unnumbered paragraph 10 1, Code 2011, is amended to read as follows: 11 The board authority shall consider the following criteria in 12 evaluating eligible projects to receive financial assistance 13 under the program: 14 Sec. 73. Section 16.194, subsection 7, Code 2011, is amended 15 to read as follows: 16 7. In order for a project to be eligible to receive 17 financial assistance from the board authority , the project 18 must be a public construction project pursuant to subsection 1 19 with a demonstrated substantial local, regional, or statewide 20 economic impact. 21 Sec. 74. Section 16.194, subsection 8, unnumbered paragraph 22 1, Code 2011, is amended to read as follows: 23 The board authority shall not approve an application for 24 assistance for any of the following purposes: 25 Sec. 75. Section 16.194, subsection 9, paragraph b, Code 26 2011, is amended to read as follows: 27 b. Any portion of an amount allocated for projects 28 that remains unexpended or unencumbered one year after the 29 allocation has been made may be reallocated to another project 30 category, at the discretion of the board authority . The board 31 authority shall ensure that all bond proceeds be expended 32 within three years from when the allocation was initially made. 33 Sec. 76. Section 16.194, subsection 10, Code 2011, is 34 amended to read as follows: 35 -25- LSB 6025HV (4) 84 ec/rj 25/ 39
H.F. 2434 10. The board authority shall ensure that funds obligated 1 under this section are coordinated with other federal program 2 funds received by the state, and that projects receiving funds 3 are located in geographically diverse areas of the state. 4 Sec. 77. Section 16.194A, subsections 2, 7, 9, and 10, Code 5 2011, are amended to read as follows: 6 2. A city or county in this state that applies the smart 7 planning principles and guidelines pursuant to sections 18B.1 8 and 18B.2 may submit an application to the Iowa jobs board 9 authority for financial assistance for a local infrastructure 10 competitive grant for an eligible project under the program, 11 notwithstanding any limitation on the state’s percentage in 12 funding as contained in section 29C.6, subsection 17 . 13 7. In order for a project to be eligible to receive 14 financial assistance from the board authority , the project 15 must be a public construction project pursuant to subsection 1 16 with a demonstrated substantial local, regional, or statewide 17 economic impact. 18 9. Any portion of an amount allocated for projects 19 that remains unexpended or unencumbered one year after the 20 allocation has been made may be reallocated to another project 21 category, at the discretion of the board authority . The board 22 authority shall ensure that all bond proceeds be expended 23 within three years from when the allocation was initially made. 24 10. The board authority shall ensure that funds obligated 25 under this section are coordinated with other federal program 26 funds received by the state, and that projects receiving funds 27 are located in geographically diverse areas of the state. 28 Sec. 78. Section 16.194A, subsection 4, unnumbered 29 paragraph 1, Code 2011, is amended to read as follows: 30 The board authority shall consider the following criteria in 31 evaluating eligible projects to receive financial assistance 32 under the program: 33 Sec. 79. Section 16.194A, subsection 8, unnumbered 34 paragraph 1, Code 2011, is amended to read as follows: 35 -26- LSB 6025HV (4) 84 ec/rj 26/ 39
H.F. 2434 The board authority shall not approve an application for 1 assistance for any of the following purposes: 2 Sec. 80. Section 16.195, Code Supplement 2011, is amended 3 to read as follows: 4 16.195 Iowa jobs program application review. 5 1. Applications for assistance under the Iowa jobs program 6 and Iowa jobs II program shall be submitted to the Iowa finance 7 authority for review and approval . The authority shall provide 8 a staff review and evaluation of applications to the Iowa jobs 9 program review committee referred to in subsection 2 and to the 10 Iowa jobs board. 11 2. A review committee composed of members of the board 12 as determined by the board shall review Iowa jobs program 13 applications submitted to the board and make recommendations 14 regarding the applications to the board. When reviewing the 15 applications, the review committee and the authority shall 16 consider the project criteria specified in sections 16.194 and 17 16.194A . The board authority shall develop the appropriate 18 level of transparency regarding project fund allocations. 19 3. Upon approval of an application for financial assistance 20 under the program, the board authority shall notify the 21 treasurer of state regarding the amount of moneys needed to 22 satisfy the award of financial assistance and the terms of the 23 award. The treasurer of state shall notify the Iowa finance 24 authority any time moneys are disbursed to a recipient of 25 financial assistance under the program. 26 Sec. 81. Section 16.196, Code 2011, is amended to read as 27 follows: 28 16.196 Iowa jobs restricted capitals fund —— appropriations. 29 1. An Iowa jobs restricted capitals fund is created and 30 established as a separate and distinct fund in the state 31 treasury. The fund consists of moneys appropriated from 32 the revenue bonds capitals fund created in section 12.88 . 33 The moneys in the fund are appropriated to the Iowa jobs 34 board for purposes of the Iowa jobs program established in 35 -27- LSB 6025HV (4) 84 ec/rj 27/ 39
H.F. 2434 section 16.194 . Moneys in the fund shall not be subject to 1 appropriation for any other purpose by the general assembly, 2 but shall be used only for the purposes of the Iowa jobs 3 program. The treasurer of state shall act as custodian of the 4 fund and disburse moneys contained in the fund. The fund shall 5 be administered by the board which shall make allocations from 6 the fund consistent with the purposes of the Iowa jobs program. 7 2. 1. There is appropriated from the revenue bonds capitals 8 fund created in section 12.88 , to the Iowa jobs restricted 9 capitals fund, for the fiscal year beginning July 1, 2009, and 10 ending June 30, 2010, one hundred sixty-five million dollars to 11 be allocated as follows: 12 a. One hundred eighteen million five hundred thousand 13 dollars for competitive grants for local infrastructure 14 projects relating to disaster rebuilding, reconstruction 15 and replacement of local buildings, flood control and flood 16 protection, and future flood prevention public projects. An 17 applicant for a local infrastructure grant shall not receive 18 more than fifty million dollars in financial assistance from 19 the fund. 20 b. Forty-six million five hundred thousand dollars for 21 disaster relief and mitigation and local infrastructure 22 grants for the following renovation and construction projects, 23 notwithstanding any limitation on the state’s percentage 24 participation in funding as contained in section 29C.6, 25 subsection 17 : 26 (1) For grants to a county with a population between 27 one hundred eighty-nine thousand and one hundred ninety-six 28 thousand in the latest preceding certified federal census, to 29 be distributed as follows: 30 (a) Ten million dollars for the construction of a new, 31 shared facility between nonprofit human service organizations 32 serving the public, especially the needs of low-income Iowans, 33 including those displaced as a result of the disaster of 2008. 34 (b) Five million dollars for the construction or renovation 35 -28- LSB 6025HV (4) 84 ec/rj 28/ 39
H.F. 2434 of a facility for a county-funded workshop program serving 1 the public and particularly persons with mental illness or 2 developmental disabilities. 3 (2) For grants to a city with a population between one 4 hundred ten thousand and one hundred twenty thousand in the 5 latest preceding certified federal census, to be distributed 6 as follows: 7 (a) Five million dollars for an economic redevelopment 8 project benefiting the public by improving energy efficiency 9 and the development of alternative and renewable energy 10 technologies. 11 (b) Ten million dollars for a museum serving the public and 12 dedicated to the preservation of an eastern European cultural 13 heritage through the collection, exhibition, preservation, and 14 interpretation of historical artifacts. 15 (c) Five million dollars for a theater serving the public 16 and promoting culture, entertainment, and tourism. 17 (d) Five million dollars for a public library. 18 (e) Five million dollars for a public works building. 19 (3) One million five hundred thousand dollars, to be 20 distributed as follows: 21 (a) Five hundred thousand dollars to a city with a 22 population between six hundred and six hundred fifty in the 23 latest preceding certified federal census, for a public fire 24 station. 25 (b) Five hundred thousand dollars to a city with a 26 population between one thousand four hundred and one thousand 27 five hundred in the latest preceding certified federal census, 28 for a public fire station. 29 (c) Five hundred thousand dollars for a city with a 30 population between seven thousand eight hundred and seven 31 thousand eight hundred fifty, for a public fire station. 32 3. 2. Grant awards for a project under subsection 2 , 33 paragraph “b” , are contingent upon submission of a plan for 34 each project by the applicable county or city governing board 35 -29- LSB 6025HV (4) 84 ec/rj 29/ 39
H.F. 2434 or in the case of a project submitted pursuant to subsection 1 2 , paragraph “b” , subparagraph (2), subparagraph division (b), 2 by the board of directors, to the Iowa jobs board authority , 3 no later than September 1, 2009, detailing a description of 4 the project, the plan to rebuild, and the amount or percentage 5 of federal, state, local, or private matching moneys which 6 will be or have been provided for the project. Funds not 7 utilized in accordance with subsection 2 , paragraph “b” , due 8 to failure to file a plan by the September 1 deadline shall 9 revert to the Iowa jobs restricted revenue bonds capitals fund 10 to be available for local infrastructure competitive grants. A 11 grant recipient under subsection 2 , paragraph “b” , shall not be 12 precluded from applying for a local infrastructure competitive 13 grant pursuant to this section and section 16.195 . 14 4. Moneys in the fund are not subject to section 8.33 . 15 Notwithstanding section 12C.7, subsection 2 , interest or 16 earnings on moneys in the fund shall be credited to the fund. 17 5. 3. Annually, on or before January 15 of each year, the 18 board authority shall report to the legislative services agency 19 and the department of management the status of all projects 20 receiving moneys from the fund completed or in progress. The 21 report shall include a description of the project, the progress 22 of work completed, the total estimated cost of the project, a 23 list of all revenue sources being used to fund the project, the 24 amount of funds expended, the amount of funds obligated, and 25 the date the project was completed or an estimated completion 26 date of the project, where applicable. 27 6. 4. Payment of moneys appropriated from the fund shall be 28 made in a manner that does not adversely affect the tax-exempt 29 status of any outstanding bonds issued by the treasurer of 30 state. 31 Sec. 82. Section 16.197, Code 2011, is amended to read as 32 follows: 33 16.197 Limitation of liability. 34 A member of the Iowa jobs board, a person acting on behalf of 35 -30- LSB 6025HV (4) 84 ec/rj 30/ 39
H.F. 2434 the board while acting within the scope of their employment or 1 agency, The authority or the treasurer of state, shall not be 2 subject to personal liability resulting from carrying out the 3 powers and duties of the board authority or the treasurer, as 4 applicable, in sections 16.192 16.193 through 16.196 . 5 Sec. 83. IOWA JOBS BOARD —— TRANSITION PROVISIONS —— 6 LIMITATION OF LIABILITY. 7 1. Any contract or agreement issued or entered into by the 8 Iowa jobs board relating to the provisions of this division 9 of this Act, in effect on the effective date of this division 10 of this Act, shall continue in full force and effect and 11 any responsibility of the board relative to the contracts or 12 agreements as provided in those contracts or agreements shall 13 be transferred to the Iowa finance authority. 14 2. A member of the Iowa jobs board or a person acting on 15 behalf of the board while acting within the scope of that 16 person’s employment or agency shall not be subject to personal 17 liability resulting from carrying out the powers and duties 18 of the board prior to the effective date of this division of 19 this Act, as applicable, in sections 12.87 through 12.90 and in 20 sections 16.192 through 16.196, Code and Code Supplement 2011. 21 Sec. 84. REPEAL. Sections 16.191 and 16.192, Code 22 Supplement 2011, are repealed. 23 DIVISION XV 24 BOARDS AND COMMISSIONS 25 Sec. 85. Section 190A.3, subsection 4, Code 2011, is amended 26 to read as follows: 27 4. The farm-to-school council department of agriculture and 28 land stewardship and the department of education shall actively 29 seek financial or in-kind contributions from organizations or 30 persons to support the program. 31 Sec. 86. Section 256.9, subsection 55, paragraph j, Code 32 Supplement 2011, is amended by striking the paragraph. 33 Sec. 87. REPEAL. Section 190A.2, Code 2011, is repealed. 34 DIVISION XVI 35 -31- LSB 6025HV (4) 84 ec/rj 31/ 39
H.F. 2434 OBSOLETE PROVISIONS 1 Sec. 88. Section 84A.5, subsection 7, paragraphs a and c, 2 Code Supplement 2011, are amended by striking the paragraphs. 3 Sec. 89. Section 97B.1A, subsection 8, paragraph b, 4 subparagraph (8), Code Supplement 2011, is amended by striking 5 the subparagraph. 6 Sec. 90. REPEAL. Sections 84A.7, 84A.9, and 84A.10, Code 7 2011, are repealed. 8 Sec. 91. REPEAL. Section 15.112, Code Supplement 2011, is 9 repealed. 10 Sec. 92. REPEAL. Chapters 15C, 15D, and 28K, Code 2011, 11 are repealed. 12 DIVISION XVII 13 OFFICE OF DRUG CONTROL POLICY 14 Sec. 93. LEGISLATIVE INTENT —— OFFICE OF DRUG CONTROL 15 POLICY. It is the intent of the general assembly to enact 16 legislation transferring the governor’s office of drug control 17 policy to the department of public safety. 18 DIVISION XVIII 19 HOMELAND SECURITY AND EMERGENCY MANAGEMENT ORGANIZATION 20 Sec. 94. LEGISLATIVE INTENT —— HOMELAND SECURITY AND 21 EMERGENCY MANAGEMENT ORGANIZATION. It is the intent of 22 the general assembly to enact legislation providing for the 23 establishment of a homeland security and emergency management 24 department separate from the department of public defense. 25 EXPLANATION 26 This bill relates to government efficiency, including other 27 matters related to the operation of state and local government. 28 DIVISION I —— GOVERNMENT INFORMATION TECHNOLOGY SERVICES. 29 This division amends Code section 8A.205, concerning 30 digital government, to encourage state agencies to utilize 31 duplex printing. The division directs the department of 32 administrative services (DAS) to conduct an inventory of 33 information technology devices utilized by state agencies 34 with the goal of identifying possibilities to reduce costs. 35 -32- LSB 6025HV (4) 84 ec/rj 32/ 39
H.F. 2434 DAS is required to submit a report to the general assembly 1 by January 1, 2013, concerning the results of the inventory. 2 This division of the bill also directs DAS to establish a 3 schedule for departments to comply with information technology 4 coordination and management requirements of Code chapter 5 8A. In addition, DAS is encouraged to procure information 6 technology for participating agencies through leasing. 7 DIVISION II —— PERSONNEL AND BENEFITS. This division enacts 8 new Code section 8A.440 to provide that collective bargaining 9 agreements negotiated after the effective date of this section 10 of the bill shall include provisions requiring state employees 11 whose spouse is also a state employee enroll in a family group 12 health insurance plan for both employees. The bill provides 13 that this new Code section takes effect upon enactment. 14 This division also directs those state entities negotiating 15 collective bargaining agreements to enter into discussions 16 with employee organizations representing state employees to 17 renegotiate provisions in the agreement to provide that state 18 employees whose spouse is also a state employee enroll in a 19 family group health insurance plan for both employees. If the 20 agreements are renegotiated, the changed provisions shall also 21 apply to state employees who are not covered by a collective 22 bargaining agreement. In addition, this division of the bill 23 applies the same family group health insurance requirement to a 24 state legislator and legislative staff. These provisions of 25 the bill take effect upon enactment. 26 This division of the bill also excludes employees of the 27 secretary of state who hold positions that are classified 28 as information technology specialists from Code chapter 20, 29 relating to public employee collective bargaining. 30 This division of the bill also amends Code section 31 97B.1A(26), concerning the definition of wages for purposes 32 of the Iowa public employees’ retirement system (IPERS) for 33 members of the general assembly. The division provides that 34 per diem payments to members of the general assembly and daily 35 -33- LSB 6025HV (4) 84 ec/rj 33/ 39
H.F. 2434 allowance paid to members of the general assembly are not 1 considered wages for purposes of IPERS. 2 This division also requires DAS to conduct a study to 3 consider the feasibility of entering into a contract with a 4 private entity to provide human resources services currently 5 provided by DAS to state employees. DAS is required to submit 6 a report to the general assembly relative to the study by 7 January 1, 2013. 8 DIVISION III —— MEDICATION THERAPY MANAGEMENT. This 9 division of the bill relates to medication therapy management. 10 The bill codifies the pilot program for medication therapy 11 management implemented on July 1, 2010, for eligible state 12 employees, making the program an ongoing program and directing 13 DAS to utilize a request for proposals process and to enter 14 into a contract to continue the program. This division of the 15 bill takes effect upon enactment. 16 DIVISION IV —— IOWA LAW ENFORCEMENT ACADEMY. This division 17 directs the director of the Iowa law enforcement academy, in 18 consultation with the Iowa law enforcement academy council, to 19 examine its course offerings to law enforcement officers with 20 the goal of offering more core courses to all law enforcement 21 officers instead of offering distinct courses geared to 22 particular law enforcement officers. 23 DIVISION V —— STATE PHYSICAL RESOURCES. This division of the 24 bill requires that DAS conduct an analysis of state employee 25 workstations and office standards by September 30, 2012. The 26 division further requires the department to submit findings 27 and recommendations to the capitol planning commission and the 28 legislative government oversight committees by October 30, 29 2012. 30 This division of the bill also requires the department of 31 natural resources to identify and sell real property prior to 32 and during FY 2012-2013 in sufficient acreage to generate at 33 least $20 million for deposit in the Iowa resources enhancement 34 and protection fund. The division provides that real property 35 -34- LSB 6025HV (4) 84 ec/rj 34/ 39
H.F. 2434 received in the form of a devise or that is not farmable shall 1 not be sold. The division further provides that the moneys 2 deposited in the Iowa resources enhancement and protection fund 3 shall not be used for land acquisition. 4 This division takes effect upon enactment. 5 DIVISION VI —— FILM PROJECT AND TAX CREDIT PROGRAM. This 6 division of the bill repeals the film, television, and video 7 project promotion program within the economic development 8 authority. The bill also repeals the various tax credits and 9 tax exclusions provided under the program. The repeal takes 10 effect immediately upon enactment and applies retroactively 11 to January 1, 2012, for tax years beginning on or after that 12 date. The division does not impact existing contracts or 13 agreements entered into on or before the effective date of this 14 division of the bill. The division makes changes corresponding 15 to the repeal of the program and the related tax credits and 16 exclusions. 17 DIVISION VII —— HUMAN SERVICES —— FOOD ASSISTANCE PROGRAM. 18 This division of the bill requires the department of human 19 services to request authorization from the United States 20 department of agriculture to allow the state to restrict the 21 use of food assistance benefits for food items with a low 22 nutritional value. The state administers the food assistance 23 benefits, formerly known as food stamps, under the federal 24 supplemental nutritional assistance program (SNAP). 25 The department is directed to submit the request within 26 60 days of the bill division’s effective date and to report 27 regularly on the status of the request to the members of the 28 joint appropriations subcommittee on health and human services 29 and the legislative services agency. 30 The division takes effect upon enactment. 31 DIVISION VIII —— MENTAL HEALTH SERVICES. Code section 32 225C.6, concerning the duties of the mental health and 33 disability services commission, is amended to provide that the 34 commission shall receive and consider any official reports 35 -35- LSB 6025HV (4) 84 ec/rj 35/ 39
H.F. 2434 from the governor’s developmental disabilities council and the 1 mental health planning council. 2 Code section 426B.5(2), concerning the risk pool board 3 for mental health, mental retardation, and developmental 4 disabilities services, is amended by eliminating the risk pool 5 board and providing that the mental health and disability 6 services commission serve as the risk pool board. 7 DIVISION IX —— OPERATIONAL EFFICIENCIES. This division 8 provides that each state department and agency shall provide 9 departmental or agency notices or information through the 10 department’s or agency’s internet site or through electronic 11 mail to the fullest extent possible. The division also allows 12 departments and agencies to collect electronic mail addresses 13 for this purpose and provides that this information shall be 14 confidential. 15 DIVISION X —— STATE RECORDS. This division eliminates 16 the state records commission and transfers the duties and 17 responsibilities of the state records commission to the 18 department of cultural affairs. The division includes a 19 transition provision that any rule promulgated by the state 20 records commission shall continue until changed by the 21 department of cultural affairs. 22 This division also authorizes the department of cultural 23 affairs to bill agencies for records storage and retention. 24 Code section 305.8 is amended to provide that the state records 25 commission establish rates to charge agencies for providing 26 records storage and retention services. New Code section 27 305.8A authorizes the department of cultural affairs to bill 28 agencies for records storage and retention services, establish 29 an internal service fund for receipt of moneys from agencies 30 billed for this purpose, and authorizes the department to 31 utilize moneys received and deposited in the fund for the 32 operations of the department in records storage and retention. 33 The division also provides that the department of cultural 34 affairs utilize the Iowa building as the centralized records 35 -36- LSB 6025HV (4) 84 ec/rj 36/ 39
H.F. 2434 storage facility upon conclusion of the existing lease on the 1 building currently used for this purpose. 2 DIVISION XI —— LOCAL GOVERNMENT. This division of the bill 3 changes the date of regular school elections for local school 4 districts, merged areas, and area education agencies. The bill 5 moves the date of the regular school election from the second 6 Tuesday in September in odd-numbered years to the first Tuesday 7 after the first Monday in November of odd-numbered years, which 8 is the date of the regular city election. 9 Because area education agency board directors are elected at 10 the director district conventions by members of school boards, 11 the bill also changes the date of their election from September 12 to November in the odd-numbered year. This division takes 13 effect January 1, 2014. 14 DIVISION XII —— LOCAL GOVERNMENTS —— ELECTRONIC PAYMENT. 15 This division provides that local governments shall encourage 16 persons to pay fees and taxes collected by local governments 17 by credit card, debit card, or other electronic means. The 18 division provides that local governments should reduce 19 convenience or other handling fees charged persons for 20 utilizing electronic payment. 21 DIVISION XIII —— ONGOING PROGRAM REVIEW. This division of 22 the bill addresses regular review of programs and projects 23 administered by executive branch departments by providing for 24 implementation of an organized system of ongoing repeal dates 25 for the programs and projects. Code section 8.2 defines the 26 term “department” to mean any executive department, commission, 27 board, institution, bureau, office, or other agency of the 28 state government, that uses, expends, or receives any state 29 funds. 30 New Code section 8.71 states legislative findings as to the 31 purposes for performing a regular review of state programs and 32 projects. The state government efficiency review committee is 33 directed to propose legislation for the Eighty-fifth General 34 Assembly, 2014 session, providing a staggered schedule for 35 -37- LSB 6025HV (4) 84 ec/rj 37/ 39
H.F. 2434 establishing an automatic repeal date for each program or 1 project administered by a department over the succeeding 2 five-year period. The review committee is required to 3 consult with the office of the governor and the department of 4 management in formulating the staggered schedule and the office 5 and the department are required to cooperate in providing 6 information requested by the committee. The repeal date 7 provisions are required to be implemented in a manner so that 8 any program or project that is reauthorized by law is again 9 subject to automatic repeal five years after reauthorization. 10 DIVISION XIV —— IOWA JOBS BOARD. This division of this bill 11 eliminates the Iowa jobs board and provides that any duties 12 or responsibilities of the Iowa jobs board shall become the 13 responsibility of the Iowa finance authority. The division of 14 the bill also amends Code section 16.196, concerning the Iowa 15 jobs restricted capitals fund and associated appropriations, to 16 reflect the elimination of the Iowa jobs board. The division 17 also provides transition provisions relative to any contracts 18 or agreements entered into by the Iowa jobs board and provides 19 for a limitation of personal liability for actions by a member 20 or agent of the board taken prior to the effective date of this 21 division of the bill relative to the duties of the board. 22 DIVISION XV —— BOARDS AND COMMISSIONS. This division of the 23 bill repeals the farm-to-school council. 24 DIVISION XVI —— OBSOLETE PROVISIONS. This division of 25 the bill removes obsolete language from the Code relating 26 to programs administered by the department of workforce 27 development which are no longer active or funded. 28 The programs removed are the Iowa conservation corps, the 29 statewide mentoring program, and the new employment opportunity 30 program. The Iowa conservation corps was established to 31 provide public services jobs for certain specified segments of 32 the population in conservation-related areas. The statewide 33 mentoring program was established to recruit, screen, train, 34 and match individuals in mentoring relationships. The new 35 -38- LSB 6025HV (4) 84 ec/rj 38/ 39
H.F. 2434 employment opportunity program was established to assist 1 individuals in underutilized segments of the workforce to gain 2 and retain employment. 3 This division of the bill repeals Code section 15.112, 4 relating to matching funds for a farmworks national 5 demonstration project; Code chapter 15C, relating to a world 6 trade center; Code chapter 15D, relating to the midwest nuclear 7 compact; and Code section 28K, relating to mid-America port 8 agreement. Code chapter 15D contains provisions relating to 9 repeal and withdrawal from the compact. 10 DIVISION XVII —— OFFICE OF DRUG CONTROL POLICY. This 11 division provides that it is the intent of the general assembly 12 to enact legislation transferring the office of drug control 13 policy to the department of public safety. 14 DIVISION XVIII —— HOMELAND SECURITY AND EMERGENCY MANAGEMENT 15 ORGANIZATION. This division provides that it is the intent of 16 the general assembly to enact legislation providing for the 17 establishment of a homeland security and emergency management 18 department separate from the department of public defense. 19 -39- LSB 6025HV (4) 84 ec/rj 39/ 39