House File 2449 - Introduced HOUSE FILE 2449 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 2434) (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 6025HZ (4) 84 ec/rj
H.F. 2449 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 6025HZ (4) 84 ec/rj 1/ 49
H.F. 2449 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 6025HZ (4) 84 ec/rj 2/ 49
H.F. 2449 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 6025HZ (4) 84 ec/rj 3/ 49
H.F. 2449 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 6025HZ (4) 84 ec/rj 4/ 49
H.F. 2449 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 6025HZ (4) 84 ec/rj 5/ 49
H.F. 2449 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 were 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 6025HZ (4) 84 ec/rj 6/ 49
H.F. 2449 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 6025HZ (4) 84 ec/rj 7/ 49
H.F. 2449 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 assessing square footage needs, and focusing on reducing 8 state office space costs while creating healthy, productive, 9 and efficient work environments. Overall objectives of the 10 analysis shall include improving employee density; properly 11 allocating space for individual and group work; improving 12 worker health and safety; improving technology integration; 13 and improving energy efficiency and sustainability in 14 state offices. The department shall submit findings and 15 recommendations to the capitol planning commission and to the 16 legislative government oversight committees by October 30, 17 2012. 18 Sec. 16. DEPARTMENT OF NATURAL RESOURCES —— REAL PROPERTY 19 INVENTORY AND REPORT. 20 1. The department of natural resources shall conduct 21 an inventory of all real property under the control of the 22 department and shall submit a report to the general assembly 23 providing detailed information relative to this inventory by 24 January 1, 2013. 25 2. The inventory and report submitted by the department 26 shall include all of the following information concerning real 27 property owned by or under the control of the department of 28 natural resources: 29 a. The location and acreage of each parcel of real property. 30 b. The approximate fair market value of each parcel of real 31 property. 32 c. Current utilization of each parcel of real property, to 33 include whether the land has been used for farming, hunting, or 34 other recreational purposes, and the extent of each use for a 35 -8- LSB 6025HZ (4) 84 ec/rj 8/ 49
H.F. 2449 particular purpose in the previous five years. 1 d. Information on whether a particular parcel of real 2 property is leased and if the parcel is leased, information 3 on the process used to lease the property and the terms of 4 the lease, including the length of the lease, rental payment 5 requirements, and any other provisions relative to terminating 6 or extending the lease. 7 e. How the department acquired each parcel of real property, 8 such as through gift, devise, or purchase by the department, 9 and whether any restrictions exist on the department’s ability 10 to sell the real property. 11 Sec. 17. NEW SECTION . 455A.14 Agricultural land —— 12 restrictions. 13 The department shall not purchase real property that is 14 agricultural land as defined in section 9H.1. 15 Sec. 18. EFFECTIVE UPON ENACTMENT. This division of this 16 Act, being deemed of immediate importance, takes effect upon 17 enactment. 18 DIVISION VI 19 FILM PROJECT AND TAX CREDIT PROGRAM 20 Sec. 19. Section 2.48, subsection 3, paragraph c, 21 subparagraph (5), Code 2011, is amended by striking the 22 subparagraph. 23 Sec. 20. Section 15.119, subsection 2, paragraph b, Code 24 Supplement 2011, is amended by striking the paragraph. 25 Sec. 21. Section 422.7, subsection 52, Code Supplement 26 2011, is amended by striking the subsection. 27 Sec. 22. Section 422.33, subsections 23 and 24, Code 28 Supplement 2011, are amended by striking the subsections. 29 Sec. 23. Section 422.35, subsection 23, Code Supplement 30 2011, is amended by striking the subsection. 31 Sec. 24. Section 422.60, subsections 10 and 11, Code 32 Supplement 2011, are amended by striking the subsections. 33 Sec. 25. Section 533.329, subsection 2, paragraphs f and g, 34 Code Supplement 2011, are amended by striking the paragraphs. 35 -9- LSB 6025HZ (4) 84 ec/rj 9/ 49
H.F. 2449 Sec. 26. REPEAL. Sections 15.391, 15.392, 15.393, 422.11T, 1 422.11U, 432.12J, and 432.12K, Code and Code Supplement 2011, 2 are repealed. 3 Sec. 27. EFFECTIVE UPON ENACTMENT. This division of this 4 Act, being deemed of immediate importance, takes effect upon 5 enactment. 6 Sec. 28. RETROACTIVE APPLICABILITY. This division of this 7 Act applies retroactively to January 1, 2012, for tax years 8 beginning on or after that date. 9 Sec. 29. APPLICABILITY. This division of this Act does not 10 apply to contracts or agreements entered into on or before the 11 effective date of this division of this Act. 12 DIVISION VII 13 HUMAN SERVICES —— FOOD ASSISTANCE PROGRAM 14 Sec. 30. FOOD ASSISTANCE PROGRAM —— AUTHORITY TO RESTRICT 15 USE OF BENEFITS. The department of human services shall submit 16 a request to the United States department of agriculture for 17 authorization for a waiver, pilot project, or other approach 18 for restricting the use of food assistance benefits, as 19 administered by the state under the federal supplemental 20 nutrition assistance program, for food items with a low 21 nutritional value. The request shall be submitted within 60 22 days of the effective date of this division of this Act. The 23 department shall regularly report on the status of the request 24 to the members of the joint appropriations subcommittee on 25 health and human services and the legislative services agency. 26 Sec. 31. EFFECTIVE UPON ENACTMENT. This division of this 27 Act, being deemed of immediate importance, takes effect upon 28 enactment. 29 DIVISION VIII 30 MENTAL HEALTH SERVICES 31 Sec. 32. Section 225C.6, subsection 1, paragraph k, Code 32 Supplement 2011, is amended to read as follows: 33 k. Coordinate activities with the governor’s developmental 34 disabilities council and the mental health planning council, 35 -10- LSB 6025HZ (4) 84 ec/rj 10/ 49
H.F. 2449 created pursuant to federal law. The commission shall receive 1 any official reports from the two councils and shall consider 2 any recommendations made in the reports. The commission shall 3 work with other state agencies on coordinating, collaborating, 4 and communicating concerning activities involving persons with 5 disabilities. 6 Sec. 33. Section 426B.5, subsection 2, paragraph c, Code 7 Supplement 2011, is amended to read as follows: 8 c. A The mental health and disability services commission 9 created in section 225C.5 shall serve as the risk pool board 10 is created and shall fulfill the duties of the risk pool board 11 in accordance with this section . The board shall consist of 12 two county supervisors, two county auditors, a member of the 13 mental health and disability services commission who is not a 14 member of a county board of supervisors, a member of the county 15 finance committee created in chapter 333A who is not an elected 16 official, a representative of a provider of mental health or 17 developmental disabilities services selected from nominees 18 submitted by the Iowa association of community providers, and 19 two central point of coordination process administrators, 20 all appointed by the governor, and one member appointed by 21 the director of human services. All members appointed by 22 the governor shall be subject to confirmation by the senate. 23 Members shall serve for three-year terms. A vacancy shall 24 be filled in the same manner as the original appointment. 25 Expenses and other costs of the risk pool board members 26 representing counties shall be paid by the county of origin. 27 Expenses and other costs of risk pool board members who do 28 not represent counties shall be paid from a source determined 29 by the governor. The mental health and disability services 30 commission may appoint a risk pool advisory committee which may 31 include the interests comprising the risk pool board under this 32 section, Code 2011, to make recommendations to the commission 33 regarding the risk pool board decisions and other functions 34 required by this section. Staff assistance to the for risk 35 -11- LSB 6025HZ (4) 84 ec/rj 11/ 49
H.F. 2449 pool board decision making shall be provided by the department 1 of human services and counties. Actuarial expenses and other 2 direct administrative costs shall be charged to the pool. 3 DIVISION IX 4 ELECTRONIC COMMUNICATIONS 5 Sec. 34. Section 22.7, Code Supplement 2011, is amended by 6 adding the following new subsection: 7 NEW SUBSECTION . 65. Electronic mail addresses of 8 individuals collected by state departments and agencies for the 9 purpose of electronic communications. 10 Sec. 35. STATE DEPARTMENT AND AGENCY LIMITATIONS ON 11 MAIL. Notwithstanding any provision of the law to the 12 contrary, a state department or agency shall provide 13 departmental or agency notices or information through the 14 department’s or agency’s internet site or through electronic 15 mail to the fullest extent possible. This requirement shall 16 not apply to department and agency communications required for 17 purposes of pursuing legal action or to comply with federal 18 law. Departments and agencies shall have rulemaking authority 19 to implement this section and to collect electronic mail 20 addresses for the purpose of electronic communications. 21 DIVISION X 22 STATE RECORDS 23 Sec. 36. Section 96.11, subsection 11, Code 2011, is amended 24 to read as follows: 25 11. Destruction of records. The department may destroy 26 or dispose of such original reports or records as have been 27 properly recorded or summarized in the permanent records of 28 the department and are deemed by the director and the state 29 records commission department of cultural affairs to be no 30 longer necessary to the proper administration of this chapter . 31 Wage records of the individual worker or transcripts therefrom 32 may be destroyed or disposed of, if approved by the state 33 records commission department of cultural affairs , two years 34 after the expiration of the period covered by such wage records 35 -12- LSB 6025HZ (4) 84 ec/rj 12/ 49
H.F. 2449 or upon proof of the death of the worker. Such destruction 1 or disposition shall be made only by order of the director in 2 consultation with the state records commission department of 3 cultural affairs . Any moneys received from the disposition of 4 such records shall be deposited to the credit of the employment 5 security administration fund, subject to rules promulgated by 6 the department. 7 Sec. 37. Section 305.2, subsection 2, Code 2011, is amended 8 to read as follows: 9 2. “Archives” means records that have been appraised by 10 the state records commission department as having sufficient 11 historical, research, evidential, or informational value to 12 warrant permanent preservation and that have been transferred 13 to the custody of the state archives. 14 Sec. 38. Section 305.2, subsections 3 and 5, Code 2011, are 15 amended by striking the subsections. 16 Sec. 39. Section 305.2, Code 2011, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 4A. “Department” means the department of 19 cultural affairs. 20 Sec. 40. Section 305.2, subsection 10, Code 2011, is amended 21 to read as follows: 22 10. “Records series retention and disposition schedule” 23 means a timetable established by the state records commission 24 department that describes the length of time a records series 25 of an agency or multiple agencies must be retained in active 26 and inactive status and provides authorization for a final 27 disposition of the records series by destruction or permanent 28 retention. 29 Sec. 41. Section 305.4, unnumbered paragraph 1, Code 2011, 30 is amended to read as follows: 31 The commission department shall adopt government information 32 policies, standards, and guidelines to do all of the following: 33 Sec. 42. Section 305.8, subsection 1, unnumbered paragraph 34 1, Code 2011, is amended to read as follows: 35 -13- LSB 6025HZ (4) 84 ec/rj 13/ 49
H.F. 2449 The commission department shall do all of the following: 1 Sec. 43. Section 305.8, subsection 1, Code 2011, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . 0e. Provide training, advice, and counsel 4 to agencies on government information policies, standards, and 5 guidelines. 6 Sec. 44. Section 305.8, subsection 1, Code 2011, is amended 7 by adding the following new paragraphs: 8 NEW PARAGRAPH . 0f. Develop and distribute operating 9 procedures for agencies to use to implement the plans, 10 policies, standards, and guidelines adopted by the department. 11 NEW PARAGRAPH . 00f. Manage any centralized records storage 12 facility established by the department for the temporary 13 storage of agency records prior to their final disposition by 14 destruction or permanent preservation in accordance with the 15 records series retention and disposition schedules. 16 NEW PARAGRAPH . 000f. Appoint a state archivist to head the 17 state archives and records program. 18 NEW PARAGRAPH . 0000f. Manage the state archives and develop 19 operating procedures for the transfer, accession, arrangement, 20 description, preservation, protection, and public access of 21 those records the department identifies as having permanent 22 value. 23 NEW PARAGRAPH . 00000f. Maintain physical custody and legal 24 custody of archives that have been transferred and delivered 25 to the state archives. 26 (1) Upon receipt by the state archivist, the archives shall 27 not be removed without the state archivist’s consent except in 28 response to a subpoena of a court of record or in accordance 29 with approved records series retention and disposition 30 schedules or after review and approval of the department. 31 (2) Upon request, the state archivist shall make a certified 32 copy of any record in the legal custody or in the physical 33 custody of the state archivist, or a certified transcript 34 of any record if reproduction is inappropriate because of 35 -14- LSB 6025HZ (4) 84 ec/rj 14/ 49
H.F. 2449 legal or physical considerations. If a copy or transcript is 1 properly authenticated, it has the same legal effect as though 2 certified by the officer from whose office it was transferred 3 or by the secretary of state. The department shall establish 4 reasonable fees for certified copies or certified transcripts 5 of records in the legal custody or physical custody of the 6 state archivist. 7 NEW PARAGRAPH . 000000f. Establish, maintain, and administer 8 an archive of records created and maintained in electronic 9 format in order to preserve and provide public access to state 10 government records identified as having permanent historical 11 value by the department. 12 Sec. 45. Section 305.8, subsection 1, Code 2011, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . 0i. Establish rates to be charged an agency 15 by the department for storage and retention of records of 16 the agency in a records storage facility maintained by the 17 department. Rates established shall be reviewed annually by 18 the department and shall be reasonably related to the cost of 19 storing and retaining records of an agency. 20 Sec. 46. Section 305.8, subsection 2, unnumbered paragraph 21 1, Code 2011, is amended to read as follows: 22 The commission department may do all of the following: 23 Sec. 47. Section 305.8, subsection 2, Code 2011, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . 0g. Upon written consent of the state 26 archivist, accept records of political subdivisions that are 27 voluntarily transferred to the state archives. 28 Sec. 48. Section 305.8, subsection 2, paragraph e, Code 29 2011, is amended to read as follows: 30 e. Make, or cause to be made, preservation duplicates of 31 records, which may include existing copies of original state 32 records. Any preservation duplicate record shall be durable, 33 accurate, complete, and clear, and shall be made by means 34 designated by the commission department . 35 -15- LSB 6025HZ (4) 84 ec/rj 15/ 49
H.F. 2449 Sec. 49. NEW SECTION . 305.8A Records retention and storage 1 costs —— billing —— internal service fund. 2 1. The department may bill an agency for records storage 3 and retention services rendered by the department pursuant to 4 the rates established by the department for these services. 5 The department shall periodically render a billing statement 6 to an agency outlining the cost of services provided. The 7 amount indicated on the statement shall be paid by the agency 8 and amounts received by the department shall be considered 9 repayment receipts as defined in section 8.2, and deposited 10 into the accounts of the department. 11 2. a. The department may establish and maintain an internal 12 service fund in accordance with generally accepted accounting 13 principles, as defined in section 8.57, for the records storage 14 and retention activities of the department which are primarily 15 funded from billings to agencies for services rendered by the 16 department. 17 b. The internal service fund shall be administered by 18 the department and shall consist of moneys collected by the 19 department from billings issued in accordance with this section 20 and any other moneys obtained or accepted by the department, 21 including but not limited to gifts, loans, donations, grants, 22 and contributions, which are designated to support the 23 activities of the internal service fund. 24 c. The proceeds of the internal service fund established 25 pursuant to this section shall be used by the department 26 for the operations of the department in records storage and 27 retention consistent with this chapter. 28 d. Section 8.33 does not apply to any moneys in the 29 internal service fund established pursuant to this section. 30 Notwithstanding section 12C.7, subsection 2, interest or 31 earnings on moneys deposited in the fund shall be credited to 32 the fund. 33 e. The director of the department shall annually provide 34 financial information and reports relative to the internal 35 -16- LSB 6025HZ (4) 84 ec/rj 16/ 49
H.F. 2449 service fund established pursuant to this section to the 1 department of management and the general assembly. The 2 information provided may include the recommendation that a 3 portion of unexpended net income be periodically returned to 4 the appropriate funding source. 5 Sec. 50. Section 305.10, subsection 1, paragraphs c, d, e, 6 f, and j, Code 2011, are amended to read as follows: 7 c. Cooperate with the state records commission department 8 and the state archives and records program in the development 9 and implementation of government information policies, 10 standards, and guidelines, and in the development and 11 implementation of records series retention and disposition 12 schedules. 13 d. Comply with requests from the state records commission 14 or department and the state archives and records program to 15 examine records in the possession, constructive possession, or 16 control of the agency in order to carry out the purposes of 17 this chapter . 18 e. Inventory agency records in accordance with state 19 records commission department policies to draft records series 20 retention and disposition schedules. 21 f. Identify vital operating records in accordance with 22 the policies, standards, and guidelines of the state records 23 commission department . 24 j. Provide for compliance with this chapter and the rules 25 adopted by the state records commission department . 26 Sec. 51. Section 305.10, subsection 2, Code 2011, is amended 27 to read as follows: 28 2. Agency heads may petition the state records commission 29 department to create or modify government information policies, 30 standards, and guidelines, and to create or modify records 31 series retention and disposition schedules. 32 Sec. 52. Section 305.11, Code 2011, is amended to read as 33 follows: 34 305.11 Termination of state agency —— records transfer. 35 -17- LSB 6025HZ (4) 84 ec/rj 17/ 49
H.F. 2449 Upon the termination of a state agency whose functions have 1 not been transferred to another agency, custody of the records 2 of the agency shall transfer to the commission department . 3 Sec. 53. Section 305.14, Code 2011, is amended to read as 4 follows: 5 305.14 Liability precluded. 6 No member employee of the commission department or head of 7 an agency shall be held liable for damages or loss, or civil 8 or criminal liability, because of the destruction of public 9 records pursuant to the provisions of this chapter or any other 10 law authorizing their destruction. 11 Sec. 54. Section 305.15, Code 2011, is amended to read as 12 follows: 13 305.15 Exemptions —— duties of state department of 14 transportation and state board of regents. 15 The state department of transportation and the agencies and 16 institutions under the control of the state board of regents 17 are exempt from the state records manual and the provisions of 18 this chapter . However, the state department of transportation 19 and the state board of regents shall adopt rules pursuant to 20 chapter 17A for their employees, agencies, and institutions 21 that are consistent with the objectives of this chapter . 22 The rules shall be approved by the state records commission 23 department . 24 Sec. 55. Section 305.16, subsection 6, paragraph b, 25 subparagraph (1), Code 2011, is amended to read as follows: 26 (1) Serve in an advisory capacity to the state records 27 commission department , the state archives and records program, 28 and other statewide archival or records agencies. 29 Sec. 56. Section 321.31, subsection 1, paragraph b, Code 30 2011, is amended to read as follows: 31 b. The department may make photostatic, microfilm, or other 32 photographic copies of certificates of title, registration 33 receipts, or other records, reports or documents which are 34 required to be retained by the department. When copies have 35 -18- LSB 6025HZ (4) 84 ec/rj 18/ 49
H.F. 2449 been made, the department may destroy the original records in 1 such manner as prescribed by the director. The photostatic, 2 microfilm, or other photographic copies, when no longer of use, 3 may be destroyed in the manner prescribed by the director, 4 subject to the approval of the state records commission 5 department of cultural affairs . Photostatic, microfilm, or 6 other photographic copies of records shall be admissible in 7 evidence when duly certified and authenticated by the officer 8 having custody and control of the copies of records. Records 9 of vehicle certificates of title may be destroyed seven years 10 after the date of issue. 11 Sec. 57. REPEAL. Sections 305.3, 305.5, 305.6, 305.7, and 12 305.9, Code 2011, are repealed. 13 Sec. 58. IOWA BUILDING —— CENTRALIZED RECORDS STORAGE 14 FACILITY. The department of cultural affairs shall utilize the 15 Iowa building as the centralized records storage facility for 16 records received by the department upon the conclusion of the 17 existing lease for the building currently utilized for this 18 purpose. The department, in collaboration with the department 19 of administrative services, shall conduct an assessment of the 20 Iowa building and shall identify space within the building 21 that can be utilized for this purpose. If modifications 22 or renovations to the Iowa building are necessary for the 23 department to utilize space in the building for a centralized 24 records storage facility, the department, in collaboration with 25 the department of administrative services, shall determine the 26 estimated cost of the modifications or renovations needed and 27 shall provide this information to the general assembly. 28 Sec. 59. ADMINISTRATIVE RULES —— TRANSITION PROVISIONS. 29 1. Any rule, regulation, form, order, or directive 30 promulgated by the state records commission relative to the 31 provisions of this Act in existence on the effective date of 32 this division of this Act shall continue in full force and 33 effect until amended, repealed, or supplemented by affirmative 34 action of the department of cultural affairs under the duties 35 -19- LSB 6025HZ (4) 84 ec/rj 19/ 49
H.F. 2449 and powers established in this division of this Act and under 1 the procedure established in subsection 2. 2 2. In regard to updating references and format in the Iowa 3 administrative code in order to correspond to the transferring 4 of duties as established in this division of this Act, the 5 administrative rules coordinator and the administrative rules 6 review committee, in consultation with the administrative code 7 editor, shall jointly develop a schedule for the necessary 8 updating of the Iowa administrative code. 9 DIVISION XI 10 LOCAL GOVERNMENT 11 Sec. 60. Section 39.2, subsection 4, paragraph c, Code 2011, 12 is amended to read as follows: 13 c. For a school district or merged area, in the odd-numbered 14 year, the first Tuesday in February, the first Tuesday in 15 April, the last Tuesday in June, or the second first Tuesday 16 in September after the first Monday in November . For a school 17 district or merged area, in the even-numbered year, the first 18 Tuesday in February, the first Tuesday in April, the second 19 Tuesday in September, or the first Tuesday in December. 20 Sec. 61. Section 260C.12, subsection 1, Code 2011, is 21 amended to read as follows: 22 1. The board of directors of the merged area shall organize 23 at the first regular meeting in October December following the 24 regular school election. Organization of the board shall be 25 effected by the election of a president and other officers from 26 the board membership as board members determine. The board 27 of directors shall appoint a secretary and a treasurer who 28 shall each give bond as prescribed in section 291.2 and who 29 shall each receive the salary determined by the board. The 30 secretary and treasurer shall perform duties under chapter 291 31 and additional duties the board of directors deems necessary. 32 However, the board may appoint one person to serve as the 33 secretary and treasurer. If one person serves as the secretary 34 and treasurer, only one bond is necessary for that person. The 35 -20- LSB 6025HZ (4) 84 ec/rj 20/ 49
H.F. 2449 frequency of meetings other than organizational meetings shall 1 be as determined by the board of directors but the president 2 or a majority of the members may call a special meeting at any 3 time. 4 Sec. 62. Section 260C.13, subsection 1, Code 2011, is 5 amended to read as follows: 6 1. The board of a merged area may change the number of 7 directors on the board and shall make corresponding changes 8 in the boundaries of director districts. Changes shall be 9 completed not later than June August 1 of the year of the 10 regular school election. As soon as possible after adoption 11 of the boundary changes, notice of changes in the director 12 district boundaries shall be submitted by the merged area to 13 the county commissioner of elections in all counties included 14 in whole or in part in the merged area. 15 Sec. 63. Section 273.8, subsection 2, paragraphs a and b, 16 Code 2011, are amended to read as follows: 17 a. Notice of the election shall be published by the area 18 education agency administrator not later than July September 15 19 of the odd-numbered year in at least one newspaper of general 20 circulation in the director district. The cost of publication 21 shall be paid by the area education agency. 22 b. A candidate for election to the area education agency 23 board shall file a statement of candidacy with the area 24 education agency secretary not later than August October 15 of 25 the odd-numbered year, on forms prescribed by the department 26 of education. The statement of candidacy shall include the 27 candidate’s name, address, and school district. The list of 28 candidates shall be sent by the secretary of the area education 29 agency in ballot form by certified mail to the presidents of 30 the boards of directors of all school districts within the 31 director district not later than September November 1. In 32 order for the ballot to be counted, the ballot must be received 33 in the secretary’s office by the end of the normal business 34 day on September November 30 or be clearly postmarked by an 35 -21- LSB 6025HZ (4) 84 ec/rj 21/ 49
H.F. 2449 officially authorized postal service not later than September 1 November 29 and received by the secretary not later than noon 2 on the first Monday following September November 30. 3 Sec. 64. Section 273.8, subsection 4, paragraph a, Code 4 2011, is amended to read as follows: 5 a. The board of directors of each area education agency 6 shall meet and organize at the first regular meeting in October 7 December following the regular school election at a suitable 8 place designated by the president. Directors whose terms 9 commence at the organizational meeting shall qualify by taking 10 the oath of office required by section 277.28 at or before the 11 organizational meeting. 12 Sec. 65. Section 273.8, subsection 6, Code 2011, is amended 13 to read as follows: 14 6. Change in directors. The board of an area education 15 agency may change the number of directors on the board and 16 shall make corresponding changes in the boundaries of director 17 districts. Changes shall be completed not later than July 18 September 1 of a fiscal the odd-numbered year for the director 19 district conventions to be held the following September 20 November . 21 Sec. 66. Section 277.1, Code 2011, is amended to read as 22 follows: 23 277.1 Regular election. 24 The regular election shall be held biennially on the second 25 first Tuesday in September after the first Monday in November 26 of each odd-numbered year in each school district for the 27 election of officers of the district and merged area and for 28 the purpose of submitting to the voters any matter authorized 29 by law. 30 Sec. 67. Section 277.20, Code 2011, is amended to read as 31 follows: 32 277.20 Canvassing returns. 33 On the next Friday after After the regular school election, 34 the county board of supervisors shall canvass the returns 35 -22- LSB 6025HZ (4) 84 ec/rj 22/ 49
H.F. 2449 made to the county commissioner of elections from the several 1 precinct polling places and the absentee ballot counting board, 2 ascertain the result of the voting with regard to every matter 3 voted upon and cause a record to be made thereof , all as 4 required by section 50.24 . Special elections held in school 5 districts shall be canvassed at the time and in the manner 6 required by that section. The board shall declare the results 7 of the voting for members of boards of directors of school 8 corporations nominated pursuant to section 277.4 , and the 9 commissioner shall at once issue a certificate of election to 10 each person declared elected. The board shall also declare the 11 results of the voting on any public question submitted to the 12 voters of a single school district, and the commissioner shall 13 certify the result as required by section 50.27 . 14 The abstracts of the votes cast for members of the board 15 of directors of any merged area, and of the votes cast on any 16 public question submitted to the voters of any merged area, 17 shall be promptly certified by the commissioner to the county 18 commissioner of elections who is responsible under section 47.2 19 for conducting the elections held for that merged area. 20 Sec. 68. EFFECTIVE DATE. This division of this Act takes 21 effect January 1, 2014. 22 DIVISION XII 23 LOCAL GOVERNMENTS —— ELECTRONIC PAYMENT 24 Sec. 69. LOCAL GOVERNMENTS —— ELECTRONIC PAYMENT. Local 25 governments shall encourage persons to pay fees and taxes 26 collected by local governments by credit or debit card or 27 other electronic means of payment. In authorizing payment 28 by electronic means, a local government shall seek to reduce 29 convenience or other handling fees charged by the local 30 government if electronic means of payment are used. Handling 31 or other fees charged should be limited to the actual cost of 32 authorizing that means of payment and should not be utilized to 33 raise additional revenue. 34 DIVISION XIII 35 -23- LSB 6025HZ (4) 84 ec/rj 23/ 49
H.F. 2449 COMMODITY ORGANIZATION AUDITS 1 Sec. 70. Section 182.18, subsection 1, Code 2011, is amended 2 to read as follows: 3 1. Moneys collected under this chapter are subject to audit 4 by the auditor of state and shall be used by the Iowa sheep and 5 wool promotion board first for the payment of collection and 6 refund expenses, second for payment of the costs and expenses 7 arising in connection with conducting referendums, and third 8 for the purposes identified in section 182.11 , and fourth for 9 the cost of audits for the auditor of state . Moneys of the 10 board remaining after a referendum is held at which a majority 11 of the voters favor termination of the board and the assessment 12 shall continue to be expended in accordance with this chapter 13 until exhausted. The auditor of state may seek reimbursement 14 for the cost of the audit. 15 Sec. 71. Section 184.14, subsection 2, Code 2011, is amended 16 to read as follows: 17 2. Moneys collected, deposited in the fund, and transferred 18 to the council as provided in this chapter are subject to 19 audit by the auditor of state. The auditor of state may 20 seek reimbursement for the cost of the audit. The moneys 21 transferred to the council shall be used by the council first 22 for the payment of collection expenses, second for payment of 23 the costs and expenses arising in connection with conducting 24 referendums, and third to perform the functions and carry out 25 the duties of the council as provided in this chapter , and 26 fourth for the cost of audits by the auditor of state . Moneys 27 remaining after the council is abolished and the imposition of 28 an assessment is terminated pursuant to a referendum conducted 29 pursuant to section 184.5 shall continue to be expended in 30 accordance with this chapter until exhausted. 31 Sec. 72. Section 184A.6, subsection 2, Code 2011, is amended 32 to read as follows: 33 2. The council shall expend moneys from the account first 34 for the payment of expenses for the collection of assessments, 35 -24- LSB 6025HZ (4) 84 ec/rj 24/ 49
H.F. 2449 second and then for the payment of expenses related to 1 conducting a referendum as provided in section 184A.12 , 2 and third for the cost of audits by the auditor of state as 3 required in section 184A.9 . The council shall expend remaining 4 moneys for market development, producer education, and the 5 payment of refunds to producers as provided in this chapter . 6 Sec. 73. Section 184A.9, Code 2011, is amended to read as 7 follows: 8 184A.9 Audit. 9 Moneys required to be deposited in the turkey council 10 account as provided in section 184A.4 shall be subject to 11 audit by the auditor of state. The auditor of state may seek 12 reimbursement for the cost of the audit from moneys deposited 13 in the turkey council account. 14 Sec. 74. Section 185C.26, Code 2011, is amended to read as 15 follows: 16 185C.26 Deposit of moneys —— corn promotion fund. 17 A state assessment collected by the board from a sale of corn 18 shall be deposited in the office of the treasurer of state in 19 a special fund known as the corn promotion fund. The fund may 20 include any gifts, rents, royalties, interest, license fees, 21 or a federal or state grant received by the board. Moneys 22 collected, deposited in the fund, and transferred to the board 23 as provided in this chapter shall be subject to audit by the 24 auditor of state. The auditor of state may seek reimbursement 25 for the cost of the audit from moneys deposited in the fund as 26 provided in this chapter . The department of administrative 27 services shall transfer moneys from the fund to the board 28 for deposit into an account established by the board in a 29 qualified financial institution. The department shall transfer 30 the moneys as provided in a resolution adopted by the board. 31 However, the department is only required to transfer moneys 32 once during each day and only during hours when the offices of 33 the state are open. From moneys collected, the board shall 34 first pay all the direct and indirect costs incurred by the 35 -25- LSB 6025HZ (4) 84 ec/rj 25/ 49
H.F. 2449 secretary and the costs of referendums, elections, and other 1 expenses incurred in the administration of this chapter , before 2 moneys may be expended for the purpose of carrying out the 3 purposes of this chapter as provided in section 185C.11 . 4 Sec. 75. EFFECTIVE UPON ENACTMENT. This division of this 5 Act, being deemed of immediate importance, takes effect upon 6 enactment. 7 DIVISION XIV 8 ONGOING PROGRAM REVIEW 9 Sec. 76. NEW SECTION . 8.71 Ongoing program review —— repeal 10 dates. 11 1. The general assembly finds that a regular review of 12 the programs and projects administered by state government is 13 necessary to determine whether each program and project is 14 effectively and efficiently meeting the needs for which created 15 and whether the needs remain applicable. The general assembly 16 further finds that a regular, systematic review process can 17 identify the programs and projects that are no longer relevant 18 or functioning at a desirable level and can eliminate or 19 reorganize those programs and projects so that state resources 20 can be used most effectively or diverted to other priorities. 21 2. The state government efficiency review committee 22 established in section 2.69 shall propose legislation for 23 consideration by the Eighty-fifth General Assembly, 2014 24 session, providing a staggered schedule for establishing an 25 automatic repeal date for each program or project administered 26 by a department of state government over the succeeding 27 five-year period. The review committee shall consult with 28 the office of the governor and the department of management 29 in formulating the staggered schedule and the office and 30 department shall cooperate in providing necessary information 31 requested by the committee. The repeal date provisions shall 32 be implemented in a manner so that any program or project that 33 is reauthorized by law is again subject to automatic repeal 34 five years after reauthorization. 35 -26- LSB 6025HZ (4) 84 ec/rj 26/ 49
H.F. 2449 DIVISION XV 1 IOWA JOBS BOARD 2 Sec. 77. Section 12.87, subsection 12, Code Supplement 3 2011, is amended to read as follows: 4 12. Neither the treasurer of state, the Iowa jobs board 5 finance authority , nor any person acting on behalf of the 6 treasurer of state or the Iowa jobs board finance authority 7 while acting within the scope of their employment or agency, is 8 subject to personal liability resulting from carrying out the 9 powers and duties conferred by this section and sections 12.88 10 through 12.90 . 11 Sec. 78. Section 16.193, subsection 1, Code Supplement 12 2011, is amended to read as follows: 13 1. The Iowa finance authority , subject to approval by the 14 Iowa jobs board, shall adopt administrative rules pursuant to 15 chapter 17A necessary to administer the Iowa jobs program and 16 Iowa jobs II program. The authority shall provide the board 17 with assistance in implementing administrative functions, be 18 responsible for providing technical assistance and application 19 assistance to applicants under the programs, negotiating 20 contracts, and providing project follow up. The authority, in 21 cooperation with the board, may conduct negotiations on behalf 22 of the board with applicants regarding terms and conditions 23 applicable to awards under the program. 24 Sec. 79. Section 16.194, subsection 2, Code 2011, is amended 25 to read as follows: 26 2. A city or county or a public organization in this 27 state may submit an application to the Iowa jobs board 28 authority for financial assistance for a local infrastructure 29 competitive grant for an eligible project under the program, 30 notwithstanding any limitation on the state’s percentage in 31 funding as contained in section 29C.6, subsection 17 . 32 Sec. 80. Section 16.194, subsection 4, unnumbered paragraph 33 1, Code 2011, is amended to read as follows: 34 The board authority shall consider the following criteria in 35 -27- LSB 6025HZ (4) 84 ec/rj 27/ 49
H.F. 2449 evaluating eligible projects to receive financial assistance 1 under the program: 2 Sec. 81. Section 16.194, subsection 7, Code 2011, is amended 3 to read as follows: 4 7. In order for a project to be eligible to receive 5 financial assistance from the board authority , the project 6 must be a public construction project pursuant to subsection 1 7 with a demonstrated substantial local, regional, or statewide 8 economic impact. 9 Sec. 82. Section 16.194, subsection 8, unnumbered paragraph 10 1, Code 2011, is amended to read as follows: 11 The board authority shall not approve an application for 12 assistance for any of the following purposes: 13 Sec. 83. Section 16.194, subsection 9, paragraph b, Code 14 2011, is amended to read as follows: 15 b. Any portion of an amount allocated for projects 16 that remains unexpended or unencumbered one year after the 17 allocation has been made may be reallocated to another project 18 category, at the discretion of the board authority . The board 19 authority shall ensure that all bond proceeds be expended 20 within three years from when the allocation was initially made. 21 Sec. 84. Section 16.194, subsection 10, Code 2011, is 22 amended to read as follows: 23 10. The board authority shall ensure that funds obligated 24 under this section are coordinated with other federal program 25 funds received by the state, and that projects receiving funds 26 are located in geographically diverse areas of the state. 27 Sec. 85. Section 16.194A, subsections 2, 7, 9, and 10, Code 28 2011, are amended to read as follows: 29 2. A city or county in this state that applies the smart 30 planning principles and guidelines pursuant to sections 18B.1 31 and 18B.2 may submit an application to the Iowa jobs board 32 authority for financial assistance for a local infrastructure 33 competitive grant for an eligible project under the program, 34 notwithstanding any limitation on the state’s percentage in 35 -28- LSB 6025HZ (4) 84 ec/rj 28/ 49
H.F. 2449 funding as contained in section 29C.6, subsection 17 . 1 7. In order for a project to be eligible to receive 2 financial assistance from the board authority , the project 3 must be a public construction project pursuant to subsection 1 4 with a demonstrated substantial local, regional, or statewide 5 economic impact. 6 9. Any portion of an amount allocated for projects 7 that remains unexpended or unencumbered one year after the 8 allocation has been made may be reallocated to another project 9 category, at the discretion of the board authority . The board 10 authority shall ensure that all bond proceeds be expended 11 within three years from when the allocation was initially made. 12 10. The board authority shall ensure that funds obligated 13 under this section are coordinated with other federal program 14 funds received by the state, and that projects receiving funds 15 are located in geographically diverse areas of the state. 16 Sec. 86. Section 16.194A, subsection 4, unnumbered 17 paragraph 1, Code 2011, is amended to read as follows: 18 The board authority shall consider the following criteria in 19 evaluating eligible projects to receive financial assistance 20 under the program: 21 Sec. 87. Section 16.194A, subsection 8, unnumbered 22 paragraph 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. 88. Section 16.195, Code Supplement 2011, is amended 26 to read as follows: 27 16.195 Iowa jobs program application review. 28 1. Applications for assistance under the Iowa jobs program 29 and Iowa jobs II program shall be submitted to the Iowa finance 30 authority for review and approval . The authority shall provide 31 a staff review and evaluation of applications to the Iowa jobs 32 program review committee referred to in subsection 2 and to the 33 Iowa jobs board. 34 2. A review committee composed of members of the board 35 -29- LSB 6025HZ (4) 84 ec/rj 29/ 49
H.F. 2449 as determined by the board shall review Iowa jobs program 1 applications submitted to the board and make recommendations 2 regarding the applications to the board. When reviewing the 3 applications, the review committee and the authority shall 4 consider the project criteria specified in sections 16.194 and 5 16.194A . The board authority shall develop the appropriate 6 level of transparency regarding project fund allocations. 7 3. Upon approval of an application for financial assistance 8 under the program, the board authority shall notify the 9 treasurer of state regarding the amount of moneys needed to 10 satisfy the award of financial assistance and the terms of the 11 award. The treasurer of state shall notify the Iowa finance 12 authority any time moneys are disbursed to a recipient of 13 financial assistance under the program. 14 Sec. 89. Section 16.196, Code 2011, is amended to read as 15 follows: 16 16.196 Iowa jobs restricted capitals fund —— appropriations. 17 1. An Iowa jobs restricted capitals fund is created and 18 established as a separate and distinct fund in the state 19 treasury. The fund consists of moneys appropriated from 20 the revenue bonds capitals fund created in section 12.88 . 21 The moneys in the fund are appropriated to the Iowa jobs 22 board for purposes of the Iowa jobs program established in 23 section 16.194 . Moneys in the fund shall not be subject to 24 appropriation for any other purpose by the general assembly, 25 but shall be used only for the purposes of the Iowa jobs 26 program. The treasurer of state shall act as custodian of the 27 fund and disburse moneys contained in the fund. The fund shall 28 be administered by the board which shall make allocations from 29 the fund consistent with the purposes of the Iowa jobs program. 30 2. 1. There is appropriated from the revenue bonds capitals 31 fund created in section 12.88 , to the Iowa jobs restricted 32 capitals fund, for the fiscal year beginning July 1, 2009, and 33 ending June 30, 2010, one hundred sixty-five million dollars to 34 be allocated as follows: 35 -30- LSB 6025HZ (4) 84 ec/rj 30/ 49
H.F. 2449 a. One hundred eighteen million five hundred thousand 1 dollars for competitive grants for local infrastructure 2 projects relating to disaster rebuilding, reconstruction 3 and replacement of local buildings, flood control and flood 4 protection, and future flood prevention public projects. An 5 applicant for a local infrastructure grant shall not receive 6 more than fifty million dollars in financial assistance from 7 the fund. 8 b. Forty-six million five hundred thousand dollars for 9 disaster relief and mitigation and local infrastructure 10 grants for the following renovation and construction projects, 11 notwithstanding any limitation on the state’s percentage 12 participation in funding as contained in section 29C.6, 13 subsection 17 : 14 (1) For grants to a county with a population between 15 one hundred eighty-nine thousand and one hundred ninety-six 16 thousand in the latest preceding certified federal census, to 17 be distributed as follows: 18 (a) Ten million dollars for the construction of a new, 19 shared facility between nonprofit human service organizations 20 serving the public, especially the needs of low-income Iowans, 21 including those displaced as a result of the disaster of 2008. 22 (b) Five million dollars for the construction or renovation 23 of a facility for a county-funded workshop program serving 24 the public and particularly persons with mental illness or 25 developmental disabilities. 26 (2) For grants to a city with a population between one 27 hundred ten thousand and one hundred twenty thousand in the 28 latest preceding certified federal census, to be distributed 29 as follows: 30 (a) Five million dollars for an economic redevelopment 31 project benefiting the public by improving energy efficiency 32 and the development of alternative and renewable energy 33 technologies. 34 (b) Ten million dollars for a museum serving the public and 35 -31- LSB 6025HZ (4) 84 ec/rj 31/ 49
H.F. 2449 dedicated to the preservation of an eastern European cultural 1 heritage through the collection, exhibition, preservation, and 2 interpretation of historical artifacts. 3 (c) Five million dollars for a theater serving the public 4 and promoting culture, entertainment, and tourism. 5 (d) Five million dollars for a public library. 6 (e) Five million dollars for a public works building. 7 (3) One million five hundred thousand dollars, to be 8 distributed as follows: 9 (a) Five hundred thousand dollars to a city with a 10 population between six hundred and six hundred fifty in the 11 latest preceding certified federal census, for a public fire 12 station. 13 (b) Five hundred thousand dollars to a city with a 14 population between one thousand four hundred and one thousand 15 five hundred in the latest preceding certified federal census, 16 for a public fire station. 17 (c) Five hundred thousand dollars for a city with a 18 population between seven thousand eight hundred and seven 19 thousand eight hundred fifty, for a public fire station. 20 3. 2. Grant awards for a project under subsection 2 , 21 paragraph “b” , are contingent upon submission of a plan for 22 each project by the applicable county or city governing board 23 or in the case of a project submitted pursuant to subsection 24 2 , paragraph “b” , subparagraph (2), subparagraph division (b), 25 by the board of directors, to the Iowa jobs board authority , 26 no later than September 1, 2009, detailing a description of 27 the project, the plan to rebuild, and the amount or percentage 28 of federal, state, local, or private matching moneys which 29 will be or have been provided for the project. Funds not 30 utilized in accordance with subsection 2 , paragraph “b” , due 31 to failure to file a plan by the September 1 deadline shall 32 revert to the Iowa jobs restricted revenue bonds capitals fund 33 to be available for local infrastructure competitive grants. A 34 grant recipient under subsection 2 , paragraph “b” , shall not be 35 -32- LSB 6025HZ (4) 84 ec/rj 32/ 49
H.F. 2449 precluded from applying for a local infrastructure competitive 1 grant pursuant to this section and section 16.195 . 2 4. Moneys in the fund are not subject to section 8.33 . 3 Notwithstanding section 12C.7, subsection 2 , interest or 4 earnings on moneys in the fund shall be credited to the fund. 5 5. 3. Annually, on or before January 15 of each year, the 6 board authority shall report to the legislative services agency 7 and the department of management the status of all projects 8 receiving moneys from the fund completed or in progress. The 9 report shall include a description of the project, the progress 10 of work completed, the total estimated cost of the project, a 11 list of all revenue sources being used to fund the project, the 12 amount of funds expended, the amount of funds obligated, and 13 the date the project was completed or an estimated completion 14 date of the project, where applicable. 15 6. 4. Payment of moneys appropriated from the fund shall be 16 made in a manner that does not adversely affect the tax-exempt 17 status of any outstanding bonds issued by the treasurer of 18 state. 19 Sec. 90. Section 16.197, Code 2011, is amended to read as 20 follows: 21 16.197 Limitation of liability. 22 A member of the Iowa jobs board, a person acting on behalf of 23 the board while acting within the scope of their employment or 24 agency, The authority or the treasurer of state, shall not be 25 subject to personal liability resulting from carrying out the 26 powers and duties of the board authority or the treasurer, as 27 applicable, in sections 16.192 16.193 through 16.196 . 28 Sec. 91. IOWA JOBS BOARD —— TRANSITION PROVISIONS —— 29 LIMITATION OF LIABILITY. 30 1. Any contract or agreement issued or entered into by the 31 Iowa jobs board relating to the provisions of this division 32 of this Act, in effect on the effective date of this division 33 of this Act, shall continue in full force and effect and 34 any responsibility of the board relative to the contracts or 35 -33- LSB 6025HZ (4) 84 ec/rj 33/ 49
H.F. 2449 agreements as provided in those contracts or agreements shall 1 be transferred to the Iowa finance authority. 2 2. A member of the Iowa jobs board or a person acting on 3 behalf of the board while acting within the scope of that 4 person’s employment or agency shall not be subject to personal 5 liability resulting from carrying out the powers and duties 6 of the board prior to the effective date of this division of 7 this Act, as applicable, in sections 12.87 through 12.90 and in 8 sections 16.192 through 16.196, Code and Code Supplement 2011. 9 Sec. 92. REPEAL. Sections 16.191 and 16.192, Code 10 Supplement 2011, are repealed. 11 DIVISION XVI 12 BOARDS AND COMMISSIONS 13 Sec. 93. Section 34A.2A, subsection 2, Code 2011, is amended 14 to read as follows: 15 2. The E911 program manager shall act under the supervisory 16 control of the administrator of the homeland security and 17 emergency management division of the department of public 18 defense, and in consultation with the E911 communications 19 council state interoperable communications system board 20 established in section 80.28 , and perform the duties 21 specifically set forth in this chapter and as assigned by the 22 administrator. 23 Sec. 94. Section 34A.7A, subsection 2, paragraph h, Code 24 2011, is amended to read as follows: 25 h. The administrator, in consultation with the program 26 manager and the E911 communications council state interoperable 27 communications system board established in section 80.28 , shall 28 adopt rules pursuant to chapter 17A governing the distribution 29 of the surcharge collected and distributed pursuant to this 30 subsection . The rules shall include provisions that all joint 31 E911 service boards and the department of public safety which 32 answer or service wireless E911 calls are eligible to receive 33 an equitable portion of the receipts. 34 Sec. 95. Section 80.29, Code 2011, is amended by adding the 35 -34- LSB 6025HZ (4) 84 ec/rj 34/ 49
H.F. 2449 following new subsection: 1 NEW SUBSECTION . 12A. Advise and make recommendations 2 to the administrator of the homeland security and emergency 3 management division of the department of public defense and 4 the E911 program manager appointed pursuant to section 34A.2A 5 regarding the implementation of chapter 34A. Such advice and 6 recommendations shall be provided on issues at the request of 7 the administrator or program manager or as deemed necessary 8 by the board. However, the authority of the board as to this 9 duty is limited to the issues specifically identified in this 10 subsection and does not preempt the authority of the utilities 11 board, created in section 474.1, to act on issues within the 12 jurisdiction of the utilities board. 13 Sec. 96. Section 190A.3, subsection 4, Code 2011, is amended 14 to read as follows: 15 4. The farm-to-school council department of agriculture and 16 land stewardship and the department of education shall actively 17 seek financial or in-kind contributions from organizations or 18 persons to support the program. 19 Sec. 97. Section 256.9, subsection 55, paragraph j, Code 20 Supplement 2011, is amended by striking the paragraph. 21 Sec. 98. REPEAL. Section 34A.15, Code Supplement 2011, is 22 repealed. 23 Sec. 99. REPEAL. Section 190A.2, Code 2011, is repealed. 24 DIVISION XVII 25 OBSOLETE PROVISIONS 26 Sec. 100. Section 84A.5, subsection 7, paragraphs a and c, 27 Code Supplement 2011, are amended by striking the paragraphs. 28 Sec. 101. Section 97B.1A, subsection 8, paragraph b, 29 subparagraph (8), Code Supplement 2011, is amended by striking 30 the subparagraph. 31 Sec. 102. REPEAL. Sections 84A.7, 84A.9, 84A.10, 303.3E, 32 and 303.17, Code 2011, are repealed. 33 Sec. 103. REPEAL. Section 15.112, Code Supplement 2011, is 34 repealed. 35 -35- LSB 6025HZ (4) 84 ec/rj 35/ 49
H.F. 2449 Sec. 104. REPEAL. Chapters 15C, 15D, and 28K, Code 2011, 1 are repealed. 2 DIVISION XVIII 3 POLLUTION PREVENTION AND WASTE MANAGEMENT ASSISTANCE 4 Sec. 105. Section 455B.481, subsections 1 through 3, Code 5 2011, are amended to read as follows: 6 1. The purpose of this part is to promote the proper and 7 safe storage, treatment, and disposal management of solid, 8 hazardous, and low-level radioactive wastes in Iowa. The 9 management of these wastes generated within Iowa is the 10 responsibility of Iowans. It is the intent of the general 11 assembly that Iowans assume this responsibility to the extent 12 consistent with the protection of public health, safety, and 13 the environment, and that Iowans insure that waste management 14 practices, as alternatives to land disposal, including source 15 reduction, recycling, compaction, incineration, and other forms 16 of waste reduction, are employed. 17 2. It is also the intent of the general assembly that a 18 comprehensive waste management plan be established by the 19 department which includes: the determination of need and 20 adequate regulatory controls prior to the initiation of site 21 selection; the process for selecting a superior site determined 22 to be necessary; the establishment of a process for a site 23 community to submit or present data, views, or arguments 24 regarding the selection of the operator and the technology 25 that best ensures proper facility operation; the prohibition 26 of shallow land burial of hazardous and low-level radioactive 27 wastes; the establishment of a regulatory framework for a 28 facility; and the establishment of provisions for the safe 29 and orderly development, operation, closure, postclosure, and 30 long-term monitoring and maintenance of the facility. 31 3. 2. In order to meet capacity assurance requirements 32 of section 104k of the federal Superfund Amendments and 33 Reauthorization Act of 1986, Pub. L. No. 99-499, and further 34 the objectives of waste minimization, the The department, 35 -36- LSB 6025HZ (4) 84 ec/rj 36/ 49
H.F. 2449 in cooperation with the small business assistance center at 1 the university of northern Iowa, shall work with generators 2 of hazardous wastes in the state to develop and implement 3 aggressive waste minimization programs. The goal of these 4 programs is to reduce the volume of hazardous waste generated 5 in the state as a whole by twenty-five percent of the amount 6 generated as of January 1, 1987, as reported in the biennial 7 reports collected by the United States environmental protection 8 agency. The twenty-five percent reduction goal shall be 9 reached as expeditiously as possible and no later than July 10 1, 1994. In meeting the reduction goal, elements “a” through 11 “d” of the hazardous waste management hierarchy shall be 12 utilized. The department, in cooperation with the small 13 business assistance center, shall reassess the twenty-five 14 percent reduction goal in 1994. The department shall promote 15 research and development, provide and promote educational 16 and informational programs, promote and encourage provide 17 confidential, voluntary technical assistance to hazardous waste 18 generators, promote assistance by the small business assistance 19 center, and promote other activities by the public and private 20 sectors that support this goal. In the promotion of the goal, 21 the following hazardous waste management pollution prevention 22 hierarchy, in descending order of preference , is established 23 by the department : 24 a. Source reduction for waste elimination. 25 b. Reuse. 26 c. On-site recycling. 27 c. d. Off-site recycling. 28 d. e. Waste treatment. 29 e. f. Incineration Combustion with energy recovery . 30 f. g. Land disposal. 31 Sec. 106. Section 455B.481, subsections 4 and 5, Code 2011, 32 are amended by striking the subsections. 33 Sec. 107. Section 455B.482, Code 2011, is amended by adding 34 the following new subsection: 35 -37- LSB 6025HZ (4) 84 ec/rj 37/ 49
H.F. 2449 NEW SUBSECTION . 7A. “Pollution prevention” means employment 1 of a practice that reduces the industrial use of toxic 2 substances or reduces the environmental and health hazards 3 associated with an environmental waste without diluting or 4 concentrating the waste before the release, handling, storage, 5 transport, treatment, or disposal of the waste. 6 Sec. 108. Section 455B.484, Code 2011, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 1A. Implement the waste management policy 9 provided in section 455B.481. 10 Sec. 109. Section 455B.484, subsections 2, 3, 4, 6, 7, 9, 11 and 10, Code 2011, are amended by striking the subsections. 12 Sec. 110. Section 455B.484A, subsection 1, paragraph c, 13 Code 2011, is amended to read as follows: 14 c. “Assistance program” means the waste reduction assistance 15 pollution prevention program of the department or of the Iowa 16 waste reduction center for safe and economic management of 17 solid waste and hazardous substances conducted pursuant to 18 section 268.4 . 19 Sec. 111. Section 455B.485, subsections 3 and 5, Code 2011, 20 are amended by striking the subsections. 21 Sec. 112. Section 455B.486, subsection 1, Code 2011, is 22 amended by striking the subsection. 23 Sec. 113. Section 455B.487, unnumbered paragraph 1, Code 24 2011, is amended to read as follows: 25 The commission shall adopt rules establishing criteria for 26 the identification of land areas or sites which are suitable 27 for the operation of facilities for the management of hazardous 28 and low-level radioactive wastes. Upon request, the department 29 shall assist in locating suitable sites for the location of 30 a facility. The commission may purchase or condemn land to 31 be leased or used for the operation of a facility subject to 32 chapter 6A . Consideration for a contract for purchase of land 33 shall not be in excess of funds appropriated by the general 34 assembly for that purpose. The commission may lease land 35 -38- LSB 6025HZ (4) 84 ec/rj 38/ 49
H.F. 2449 purchased under this section to any person including the state 1 or a state agency. This section authorizes the state to own or 2 operate hazardous waste facilities and low-level radioactive 3 waste facilities, subject to the approval of the general 4 assembly. 5 Sec. 114. Section 455B.487, unnumbered paragraph 11, Code 6 2011, is amended by striking the unnumbered paragraph. 7 Sec. 115. Section 455B.487, subsections 1 through 3, Code 8 2011, are amended by striking the subsections. 9 Sec. 116. Section 455D.1, Code 2011, is amended by adding 10 the following new subsection: 11 NEW SUBSECTION . 4A. “Pollution prevention techniques” means 12 any of the following practices employed by the user of a toxic 13 substance: 14 a. Input substitution, which is the replacement of a toxic 15 substance or raw material used in a production process with a 16 nontoxic or less toxic substance. 17 b. Product reformulation, which is the substitution of an 18 end product which is nontoxic or less toxic upon use or release 19 for an existing end product. 20 c. Production process redesign or modification, which is 21 the development and use of production processes of a different 22 design other than those currently in use. 23 d. Production process modernization, which is the upgrading 24 or replacing of existing production process equipment or 25 methods with other equipment or methods based on the same 26 production process. 27 e. Improved operation and maintenance of existing production 28 process equipment and methods, which is the modification or 29 addition to existing equipment or methods, including but not 30 limited to such techniques as improved housekeeping practices, 31 system adjustments, product and process inspections, and 32 production process control equipment or methods. 33 f. Recycling, reuse, or extended use of toxic substances by 34 using equipment or methods that become an integral part of the 35 -39- LSB 6025HZ (4) 84 ec/rj 39/ 49
H.F. 2449 production process. 1 Sec. 117. Section 455D.7, subsection 1, Code 2011, is 2 amended to read as follows: 3 1. Unless otherwise specified in this chapter , adopt rules 4 necessary to implement this chapter pursuant to chapter 17A . 5 Initial rules shall be adopted no later than April 1, 1992. 6 Sec. 118. Section 455D.7, subsection 4, Code 2011, is 7 amended by striking the subsection. 8 Sec. 119. Section 455D.15, subsection 2, Code Supplement 9 2011, is amended by striking the subsection and inserting in 10 lieu thereof the following: 11 2. The fund shall be utilized by the department for 12 providing technical assistance to Iowa businesses in developing 13 and implementing pollution prevention techniques. 14 Sec. 120. Section 455D.15, subsection 3, Code Supplement 15 2011, is amended by striking the subsection. 16 Sec. 121. Section 455E.8, subsections 2 and 3, Code 2011, 17 are amended by striking the subsections. 18 Sec. 122. REPEAL. Sections 455B.516, 455B.517, and 19 455B.518, Code 2011, are repealed. 20 DIVISION XIX 21 HOMELAND SECURITY AND EMERGENCY MANAGEMENT ORGANIZATION 22 Sec. 123. LEGISLATIVE INTENT —— HOMELAND SECURITY AND 23 EMERGENCY MANAGEMENT ORGANIZATION. It is the intent of 24 the general assembly to enact legislation providing for the 25 establishment of a homeland security and emergency management 26 department separate from the department of public defense. 27 EXPLANATION 28 This bill relates to government efficiency, including other 29 matters related to the operation of state and local government. 30 DIVISION I —— GOVERNMENT INFORMATION TECHNOLOGY SERVICES. 31 This division amends Code section 8A.205, concerning 32 digital government, to encourage state agencies to utilize 33 duplex printing. The division directs the department of 34 administrative services (DAS) to conduct an inventory of 35 -40- LSB 6025HZ (4) 84 ec/rj 40/ 49
H.F. 2449 information technology devices utilized by state agencies 1 with the goal of identifying possibilities to reduce costs. 2 DAS is required to submit a report to the general assembly 3 by January 1, 2013, concerning the results of the inventory. 4 This division of the bill also directs DAS to establish a 5 schedule for departments to comply with information technology 6 coordination and management requirements of Code chapter 7 8A. In addition, DAS is encouraged to procure information 8 technology for participating agencies through leasing. 9 DIVISION II —— PERSONNEL AND BENEFITS. This division enacts 10 new Code section 8A.440 to provide that collective bargaining 11 agreements negotiated after the effective date of this section 12 of the bill shall include provisions requiring state employees 13 whose spouse is also a state employee enroll in a family group 14 health insurance plan for both employees. The bill provides 15 that this new Code section takes effect upon enactment. 16 This division also directs those state entities negotiating 17 collective bargaining agreements to enter into discussions 18 with employee organizations representing state employees to 19 renegotiate provisions in the agreement to provide that state 20 employees whose spouse is also a state employee enroll in a 21 family group health insurance plan for both employees. If the 22 agreements are renegotiated, the changed provisions shall also 23 apply to state employees who are not covered by a collective 24 bargaining agreement. In addition, this division of the bill 25 applies the same family group health insurance requirement to a 26 state legislator and legislative staff. These provisions of 27 the bill take effect upon enactment. 28 This division of the bill also excludes employees of the 29 secretary of state who hold positions that are classified 30 as information technology specialists from Code chapter 20, 31 relating to public employee collective bargaining. 32 This division of the bill also amends Code section 33 97B.1A(26), concerning the definition of wages for purposes 34 of the Iowa public employees’ retirement system (IPERS) for 35 -41- LSB 6025HZ (4) 84 ec/rj 41/ 49
H.F. 2449 members of the general assembly. The division provides that 1 per diem payments to members of the general assembly and daily 2 allowance paid to members of the general assembly are not 3 considered wages for purposes of IPERS. 4 This division also requires DAS to conduct a study to 5 consider the feasibility of entering into a contract with a 6 private entity to provide human resources services currently 7 provided by DAS to state employees. DAS is required to submit 8 a report to the general assembly relative to the study by 9 January 1, 2013. 10 DIVISION III —— MEDICATION THERAPY MANAGEMENT. This 11 division of the bill relates to medication therapy management. 12 The bill codifies the pilot program for medication therapy 13 management implemented on July 1, 2010, for eligible state 14 employees, making the program an ongoing program and directing 15 DAS to utilize a request for proposals process and to enter 16 into a contract to continue the program. This division of the 17 bill takes effect upon enactment. 18 DIVISION IV —— IOWA LAW ENFORCEMENT ACADEMY. This division 19 directs the director of the Iowa law enforcement academy, in 20 consultation with the Iowa law enforcement academy council, to 21 examine its course offerings to law enforcement officers with 22 the goal of offering more core courses to all law enforcement 23 officers instead of offering distinct courses geared to 24 particular law enforcement officers. 25 DIVISION V —— STATE PHYSICAL RESOURCES. This division of the 26 bill requires that DAS conduct an analysis of state employee 27 workstations and office standards by September 30, 2012. The 28 division further requires the department to submit findings 29 and recommendations to the capitol planning commission and the 30 legislative government oversight committees by October 30, 31 2012. 32 This division of the bill also requires the department of 33 natural resources to conduct an inventory of all real property 34 under the control of the department and to submit a report to 35 -42- LSB 6025HZ (4) 84 ec/rj 42/ 49
H.F. 2449 the general assembly providing detailed information relative to 1 the inventory by January 1, 2013. 2 New Code section 455A.14 provides that the department of 3 natural resources shall not purchase real property that is 4 agricultural land. 5 This division takes effect upon enactment. 6 DIVISION VI —— FILM PROJECT AND TAX CREDIT PROGRAM. This 7 division of the bill repeals the film, television, and video 8 project promotion program within the economic development 9 authority. The bill also repeals the various tax credits and 10 tax exclusions provided under the program. The repeal takes 11 effect immediately upon enactment and applies retroactively 12 to January 1, 2012, for tax years beginning on or after that 13 date. The division does not impact existing contracts or 14 agreements entered into on or before the effective date of this 15 division of the bill. The division makes changes corresponding 16 to the repeal of the program and the related tax credits and 17 exclusions. 18 DIVISION VII —— HUMAN SERVICES —— FOOD ASSISTANCE PROGRAM. 19 This division of the bill requires the department of human 20 services to request authorization from the United States 21 department of agriculture to allow the state to restrict the 22 use of food assistance benefits for food items with a low 23 nutritional value. The state administers the food assistance 24 benefits, formerly known as food stamps, under the federal 25 supplemental nutritional assistance program (SNAP). 26 The department is directed to submit the request within 27 60 days of the bill division’s effective date and to report 28 regularly on the status of the request to the members of the 29 joint appropriations subcommittee on health and human services 30 and the legislative services agency. 31 The division takes effect upon enactment. 32 DIVISION VIII —— MENTAL HEALTH SERVICES. Code section 33 225C.6, concerning the duties of the mental health and 34 disability services commission, is amended to provide that the 35 -43- LSB 6025HZ (4) 84 ec/rj 43/ 49
H.F. 2449 commission shall receive and consider any official reports 1 from the governor’s developmental disabilities council and the 2 mental health planning council. 3 Code section 426B.5(2), concerning the risk pool board 4 for mental health, mental retardation, and developmental 5 disabilities services, is amended by eliminating the risk pool 6 board and providing that the mental health and disability 7 services commission serve as the risk pool board. 8 DIVISION IX —— ELECTRONIC COMMUNICATIONS. This division 9 provides that each state department and agency shall provide 10 departmental or agency notices or information through the 11 department’s or agency’s internet site or through electronic 12 mail to the fullest extent possible. Code section 22.7, 13 concerning confidential public records, is amended to provide 14 that electronic mail addresses of individuals collected by 15 state departments and agencies for the purpose of electronic 16 communications shall be considered confidential. 17 DIVISION X —— STATE RECORDS. This division eliminates 18 the state records commission and transfers the duties and 19 responsibilities of the state records commission to the 20 department of cultural affairs. The division includes a 21 transition provision that any rule promulgated by the state 22 records commission shall continue until changed by the 23 department of cultural affairs. 24 This division also authorizes the department of cultural 25 affairs to bill agencies for records storage and retention. 26 Code section 305.8 is amended to provide that the state records 27 commission establish rates to charge agencies for providing 28 records storage and retention services. New Code section 29 305.8A authorizes the department of cultural affairs to bill 30 agencies for records storage and retention services, establish 31 an internal service fund for receipt of moneys from agencies 32 billed for this purpose, and authorizes the department to 33 utilize moneys received and deposited in the fund for the 34 operations of the department in records storage and retention. 35 -44- LSB 6025HZ (4) 84 ec/rj 44/ 49
H.F. 2449 The division also provides that the department of cultural 1 affairs utilize the Iowa building as the centralized records 2 storage facility upon conclusion of the existing lease on the 3 building currently used for this purpose. 4 DIVISION XI —— LOCAL GOVERNMENT. This division of the bill 5 changes the date of regular school elections for local school 6 districts, merged areas, and area education agencies. The bill 7 moves the date of the regular school election from the second 8 Tuesday in September in odd-numbered years to the first Tuesday 9 after the first Monday in November of odd-numbered years, which 10 is the date of the regular city election. 11 Because area education agency board directors are elected at 12 the director district conventions by members of school boards, 13 the bill also changes the date of their election from September 14 to November in the odd-numbered year. This division takes 15 effect January 1, 2014. 16 DIVISION XII —— LOCAL GOVERNMENTS —— ELECTRONIC PAYMENT. 17 This division provides that local governments shall encourage 18 persons to pay fees and taxes collected by local governments 19 by credit card, debit card, or other electronic means. The 20 division provides that local governments should reduce 21 convenience or other handling fees charged persons for 22 utilizing electronic payment. 23 DIVISION XIII —— COMMODITY ORGANIZATION AUDITS. This 24 division of this bill relates to four commodity organizations 25 representing producers of sheep (and wool), eggs, turkeys, 26 and corn. The marketing, research, and promotional purposes 27 of these organizations are financed by an excise tax or state 28 assessment (commonly referred to as a checkoff) imposed upon 29 the first purchasers of the commodities. Moneys derived from 30 each checkoff are controlled by the governing body of each 31 organization, including the Iowa sheep and wool promotion 32 board, the Iowa egg council, the Iowa turkey marketing council, 33 and the Iowa corn promotion board. In each case, the collected 34 moneys are subject to audit by the auditor of state. In 2010, 35 -45- LSB 6025HZ (4) 84 ec/rj 45/ 49
H.F. 2449 the general assembly enacted SF 2367 (2010 Iowa Acts, ch. 1189) 1 which amended a number of sections referring to those audits, 2 by authorizing the auditor of state to be reimbursed from the 3 organizations for the cost of the audits. This division of 4 this bill eliminates the changes made in SF 2367 and restores 5 the sections to the language as it existed prior to that 6 legislation. 7 The division takes effect upon enactment. 8 DIVISION XIV —— ONGOING PROGRAM REVIEW. This division of 9 the bill addresses regular review of programs and projects 10 administered by executive branch departments by providing for 11 implementation of an organized system of ongoing repeal dates 12 for the programs and projects. Code section 8.2 defines the 13 term “department” to mean any executive department, commission, 14 board, institution, bureau, office, or other agency of the 15 state government, that uses, expends, or receives any state 16 funds. 17 New Code section 8.71 states legislative findings as to the 18 purposes for performing a regular review of state programs and 19 projects. The state government efficiency review committee is 20 directed to propose legislation for the Eighty-fifth General 21 Assembly, 2014 session, providing a staggered schedule for 22 establishing an automatic repeal date for each program or 23 project administered by a department over the succeeding 24 five-year period. The review committee is required to 25 consult with the office of the governor and the department of 26 management in formulating the staggered schedule and the office 27 and the department are required to cooperate in providing 28 information requested by the committee. The repeal date 29 provisions are required to be implemented in a manner so that 30 any program or project that is reauthorized by law is again 31 subject to automatic repeal five years after reauthorization. 32 DIVISION XV —— IOWA JOBS BOARD. This division of this bill 33 eliminates the Iowa jobs board and provides that any duties 34 or responsibilities of the Iowa jobs board shall become the 35 -46- LSB 6025HZ (4) 84 ec/rj 46/ 49
H.F. 2449 responsibility of the Iowa finance authority. The division of 1 the bill also amends Code section 16.196, concerning the Iowa 2 jobs restricted capitals fund and associated appropriations, to 3 reflect the elimination of the Iowa jobs board. The division 4 also provides transition provisions relative to any contracts 5 or agreements entered into by the Iowa jobs board and provides 6 for a limitation of personal liability for actions by a member 7 or agent of the board taken prior to the effective date of this 8 division of the bill relative to the duties of the board. 9 DIVISION XVI —— BOARDS AND COMMISSIONS. This division 10 of the bill eliminates the E911 communications council and 11 transfers the duties of that council to the state interoperable 12 communications system board. This division of the bill also 13 repeals the farm-to-school council. 14 DIVISION XVII —— OBSOLETE PROVISIONS. This division of 15 the bill removes obsolete language from the Code relating 16 to programs administered by the department of workforce 17 development which are no longer active or funded. 18 The programs removed are the Iowa conservation corps, the 19 statewide mentoring program, and the new employment opportunity 20 program. The Iowa conservation corps was established to 21 provide public services jobs for certain specified segments of 22 the population in conservation-related areas. The statewide 23 mentoring program was established to recruit, screen, train, 24 and match individuals in mentoring relationships. The new 25 employment opportunity program was established to assist 26 individuals in underutilized segments of the workforce to gain 27 and retain employment. 28 This division of the bill repeals Code section 15.112, 29 relating to matching funds for a farmworks national 30 demonstration project; Code chapter 15C, relating to a world 31 trade center; Code chapter 15D, relating to the midwest nuclear 32 compact; and Code section 28K, relating to mid-America port 33 agreement. Code chapter 15D contains provisions relating to 34 repeal and withdrawal from the compact. 35 -47- LSB 6025HZ (4) 84 ec/rj 47/ 49
H.F. 2449 This division of the bill also repeals Code section 303.3E, 1 the culture, history, and arts teams program, and Code section 2 303.17, concerning Iowa studies and the Iowa studies committee. 3 DIVISION XVIII —— POLLUTION PREVENTION AND WASTE MANAGEMENT 4 ASSISTANCE. This division of this bill relates to pollution 5 prevention and waste management assistance. 6 This division amends the waste management assistance 7 provisions of Code chapter 455B by updating the waste 8 management policy. The division includes reuse and combustion 9 with energy recovery in the pollution prevention hierarchy and 10 removes incineration from the hierarchy. 11 This division includes a new definition for “pollution 12 prevention” and uses the term to replace “hazardous waste 13 management” and “waste reduction assistance”. The division 14 eliminates references to hazardous waste throughout Code 15 chapter 455B, division IV, part 9, including duties of the 16 department and the environmental protection commission relating 17 to hazardous waste and the location, acquisition, and operation 18 of hazardous waste management facilities. 19 This division eliminates many of the duties of the 20 department in relation to waste management and includes a new 21 general duty to implement the waste management policy. 22 This division eliminates two duties of the environmental 23 protection commission in relation to waste management policy. 24 The duties relate to budget requests and approval of certain 25 contracts and agreements. 26 This division eliminates a duty of the commission to 27 recommend to the general assembly, annually, the imposition of 28 waste abatement fees, rebates, and deposits. 29 This division amends provisions related to the waste volume 30 reduction and recycling fund. This division eliminates a 31 requirement that grants from the fund be awarded based on the 32 solid waste management hierarchy. This division provides that 33 the fund shall be utilized for purposes of providing technical 34 assistance to Iowa businesses in developing and implementing 35 -48- LSB 6025HZ (4) 84 ec/rj 48/ 49
H.F. 2449 pollution prevention techniques. 1 This division eliminates two duties of the director of the 2 department relating to groundwater reporting requirements. 3 This division repeals Code sections 455B.516, 455B.517, 4 and 455B.518, which relate to the toxics pollution prevention 5 program. 6 DIVISION XIX —— HOMELAND SECURITY AND EMERGENCY MANAGEMENT 7 ORGANIZATION. This division provides that it is the intent of 8 the general assembly to enact legislation providing for the 9 establishment of a homeland security and emergency management 10 department separate from the department of public defense. 11 -49- LSB 6025HZ (4) 84 ec/rj 49/ 49