HF 2449 (LSB 6025HZ (4) 84)

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 elections, eliminating certain tax credits, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

GOVERNMENT INFORMATION TECHNOLOGY SERVICES
    Section 1.  Section 8A.205, subsection 2, paragraph g, Code 2011, is amended to read as follows:
   g.  Encourage participating agencies to utilize
 
duplex printing and a print on demand strategy to reduce
 
printing costs, publication overruns, excessive inventory, and obsolete printed materials.
    Sec. 2.  DEPARTMENT OF ADMINISTRATIVE SERVICES —— INFORMATION TECHNOLOGY DEVICE INVENTORY.
   1.  The department of administrative services shall complete an inventory of information technology devices utilized by the department and participating agencies, as defined in section 8A.201. The department shall conduct the inventory with the goal of identifying potential information technology device upgrades, changes, or other efficiencies that will meet the information technology needs of the applicable department or agency at reduced cost to the state.
   2.  The department shall submit a report to the general assembly by January 1, 2013, describing the department’s actions as required by this section. The report shall, if applicable, identify any statutory barriers or needed technology investments for pursuing efforts described in this section and shall include in the report its findings and any recommendations for legislative action.
    Sec. 3.  DEPARTMENT OF ADMINISTRATIVE SERVICES —— INFORMATION TECHNOLOGY COORDINATION AND MANAGEMENT.
   1.  The department of administrative services, in accordance with the requirements of 2010 Acts, chapter 1031, and Code section 8A.202, subsection 2, paragraph “g”, to coordinate and manage information technology services within the department, shall establish a schedule by which all departments subject to the requirements of that Act and chapter 8A shall comply with these requirements. The schedule shall provide for implementation of the requirements to all affected state agencies and departments by December 31, 2013. The department shall submit a copy of the schedule to the general assembly by July 31, 2012, and shall provide periodic updates to the general assembly on the progress of meeting the time deadlines contained in the schedule.
   2.  In procuring information technology as provided in section 8A.207, the department of administrative services should explore strategies of procuring information technology through leasing.

DIVISION II

PERSONNEL AND BENEFITS
    Sec. 4.  NEW SECTION.  8A.440  Group health insurance —— family enrollment.
   1.  If a state employee covered by a collective bargaining agreement entered into pursuant to chapter 20 and the state employee’s spouse, who is also a state employee, are both members of a state group health insurance plan for employees of the state established under chapter 509A, the employee and the spouse shall be required to enroll in a single family group health insurance plan.
   2.  If a state employee not covered by a collective bargaining agreement as provided in chapter 20 and the state employee’s spouse, who is also a state employee, are both members of a state group health insurance plan for employees of the state established under chapter 509A, the employee and spouse shall be required to enroll in a single family group health insurance plan for both state employees in the same manner as is required under the collective bargaining agreement that covers the greatest number of state employees in the state government entity employing the state employee.
    Sec. 5.  NEW SECTION.  9.8  Employee classifications.
   In addition to public employees listed in section 20.4, public employees of the secretary of state who hold positions as information technology specialists are excluded from chapter 20.
    Sec. 6.  Section 97B.1A, subsection 26, paragraph a, subparagraph (1), subparagraph division (d), Code Supplement 2011, is amended to read as follows:
   (d)  For a member of the general assembly, the total compensation received by a member of the general assembly, whether paid in the form of per diem or annual salary, exclusive of expense
 
expenses, per diem, and travel allowances paid to a member of the general assembly except as otherwise provided in this subparagraph division. Wages includes per diem payments paid to members of the general assembly during interim periods between sessions of the general assembly. Wages also includes daily allowances to members of the general assembly for nontravel expenses of office during a session of the general assembly, but does not include the portion of the daily allowance which exceeds the maximum established by law for members from Polk county.
    Sec. 7.  Section 97B.1A, subsection 26, paragraph a, subparagraph (2), subparagraph divisions (h) and (i), Code Supplement 2011, are amended to read as follows:
   (h)  Reimbursements of employee business expenses except for those expenses included as wages for a member of the general assembly.
   (i)  Payments for allowances except for those allowances included as wages for a member of the general assembly.
    Sec. 8.  GROUP HEALTH INSURANCE COVERAGE FOR STATE EMPLOYEES.
   1.  The state’s executive and judicial branch authorities responsible for negotiating the collective bargaining agreements entered into under chapter 20 shall engage in discussions with the applicable state employee organizations to renegotiate provisions involving health insurance coverage of state employees and their families in order to achieve cost savings for the state. The discussions shall include but are not limited to a requirement for a state employee who is covered by a collective bargaining agreement and whose spouse is also a state employee, where both the state employee covered by the agreement and the spouse are members of a state group health insurance plan for employees of the state established under chapter 509A, to enroll in a single family group health insurance plan for both state employees.
   2.  If collective bargaining agreements are renegotiated to achieve cost savings pursuant to subsection 1, the cost savings provisions shall also apply to state employees who are not covered by collective bargaining as provided in chapter 20 and are members of a state group health insurance plan for employees of the state established under chapter 509A.
   3.  Beginning on the effective date of this section, a state legislator or legislative staff member whose spouse is a state employee, where both employees are members of a state group health insurance plan for employees of the state established under chapter 509A, shall be required to enroll in a single family group health insurance plan for both employees.
    Sec. 9.  DEPARTMENT OF ADMINISTRATIVE SERVICES —— HUMAN RESOURCES ADMINISTRATION STUDY.  The department of administrative services shall conduct a study to examine the feasibility of issuing a request for proposals to enter into a contract with a private entity for the provision of human resources services provided by the department of administrative services for state employees, to include management of human resources, employee benefits, payroll, payroll tax administration, and workers’ compensation. The study shall identify potential cost savings, legal requirements, and other relevant issues, in considering entering into a contract with a private entity for the provision of human resources services for state employees. The department shall submit a report to the general assembly detailing the results of its study by January 1, 2013.
    Sec. 10.  APPLICABILITY.  The section of this division of this Act enacting section 8A.440, applies to collective bargaining agreements entered into on or after the effective date of that section of this division of this Act.
    Sec. 11.  EFFECTIVE UPON ENACTMENT.  The following sections of this division of this Act, being deemed of immediate importance, take effect upon enactment:
   1.  The section of this division enacting section 8A.440.
   2.  The section of this division relating to group health insurance coverage for state employees.
   3.  The section of this division relating to applicability.

DIVISION III

MEDICATION THERAPY MANAGEMENT
    Sec. 12.  NEW SECTION.  8A.441  Medication therapy management.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Eligible employee” means an employee of the state, with the exception of an employee of the state board of regents or institutions under the state board of regents, for whom group health plans are established pursuant to chapter 509A providing for third-party payment or prepayment for health or medical expenses.
   b.  “Medication therapy management” means a systematic process performed by a licensed pharmacist, designed to improve quality outcomes for patients and lower health care costs, including emergency room, hospital, provider, and other costs, by optimizing appropriate medication use linked directly to achievement of the clinical goals of therapy. Medication therapy management shall include all of the following services:
   (1)  A medication therapy review and in-person consultation relating to all medications, vitamins, and herbal supplements currently being taken by an eligible individual.
   (2)  A medication action plan, subject to the limitations specified in this section, communicated to the individual and the individual’s primary care physician or other appropriate prescriber to address issues including appropriateness, effectiveness, safety, drug interactions, and adherence. The medication action plan may include drug therapy recommendations to prescribers that are needed to meet clinical goals and achieve optimal patient outcomes.
   (3)  Documentation and follow-up to ensure consistent levels of pharmacy services and positive outcomes.
   2.
  a.  The department shall utilize a request for proposals process and shall enter into a contract for the provision of medication therapy management services for eligible employees who meet any of the following criteria:
   (1)  An individual who takes four or more prescription drugs to treat or prevent two or more chronic medical conditions.
   (2)  An individual with a prescription drug therapy problem who is identified by the prescribing physician or other appropriate prescriber, and referred to a pharmacist for medication therapy management services.
   (3)  An individual who meets other criteria established by the third-party payment provider contract, policy, or plan.
   b.  The contract shall require the entity to provide annual reports to the general assembly detailing the costs, savings, estimated cost avoidance and return on investment, and improved patient outcomes related to the medication therapy management services provided. The entity shall guarantee demonstrated annual savings for overall health care costs, including emergency room, hospital, provider, and other costs, with savings including associated cost avoidance, at least equal to the program’s costs with any shortfall amount refunded to the state. The contract shall include terms, conditions, and applicable measurement standards associated with the demonstration of savings. The department shall verify the demonstrated savings reported by the entity were achieved in accordance with the agreed upon measurement standards. The entity shall be prohibited from using the entity’s employees to provide the medication therapy management services and shall instead be required to contract with licensed pharmacies, pharmacists, or physicians.
   c.  The department may establish an advisory committee comprised of an equal number of physicians and pharmacists to provide advice and oversight in evaluating the results of the program. The department shall appoint the members of the advisory committee based upon designees of the Iowa pharmacy association, the Iowa medical society, and the Iowa osteopathic medical association.
   d.  The fees for pharmacist-delivered medication therapy management services shall be separate from the reimbursement for prescription drug product or dispensing services; shall be determined by each third-party payment provider contract, policy, or plan; and must be reasonable based on the resources and time required to provide the service.
   e.  A fee shall be established for physician reimbursement for services delivered for medication therapy management as determined by each third-party payment provider contract, policy, or plan, and must be reasonable based on the resources and time required to provide the service.
   f.  If any part of the medication therapy management plan developed by a pharmacist incorporates services which are outside the pharmacist’s independent scope of practice including the initiation of therapy, modification of dosages, therapeutic interchange, or changes in drug therapy, the express authorization of the individual’s physician or other appropriate prescriber is required.
    Sec. 13.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION IV

IOWA LAW ENFORCEMENT ACADEMY
    Sec. 14.  IOWA LAW ENFORCEMENT ACADEMY —— CURRICULUM AND COURSE EFFICIENCIES.  The director of the Iowa law enforcement academy, in consultation with the Iowa law enforcement academy council, shall examine its course offerings to law enforcement officers with the goal of offering core courses to all law enforcement officers instead of offering distinct courses to different groupings of law enforcement officers.

DIVISION V

STATE PHYSICAL RESOURCES
    Sec. 15.  STATE EMPLOYEE WORK ENVIRONMENT ANALYSIS AND REPORT.  By September 30, 2012, the department of administrative services shall conduct a high level needs analysis of state employee work stations and office standards, assessing square footage needs, and focusing on reducing state office space costs while creating healthy, productive, and efficient work environments. Overall objectives of the analysis shall include improving employee density; properly allocating space for individual and group work; improving worker health and safety; improving technology integration; and improving energy efficiency and sustainability in state offices. The department shall submit findings and recommendations to the capitol planning commission and to the legislative government oversight committees by October 30, 2012.
    Sec. 16.  DEPARTMENT OF NATURAL RESOURCES —— REAL PROPERTY INVENTORY AND REPORT.
   1.  The department of natural resources shall conduct an inventory of all real property under the control of the department and shall submit a report to the general assembly providing detailed information relative to this inventory by January 1, 2013.
   2.  The inventory and report submitted by the department shall include all of the following information concerning real property owned by or under the control of the department of natural resources:
   a.  The location and acreage of each parcel of real property.
   b.  The approximate fair market value of each parcel of real property.
   c.  Current utilization of each parcel of real property, to include whether the land has been used for farming, hunting, or other recreational purposes, and the extent of each use for a particular purpose in the previous five years.
   d.  Information on whether a particular parcel of real property is leased and if the parcel is leased, information on the process used to lease the property and the terms of the lease, including the length of the lease, rental payment requirements, and any other provisions relative to terminating or extending the lease.
   e.  How the department acquired each parcel of real property, such as through gift, devise, or purchase by the department, and whether any restrictions exist on the department’s ability to sell the real property.
    Sec. 17.  NEW SECTION.  455A.14  Agricultural land —— restrictions.
   The department shall not purchase real property that is agricultural land as defined in section 9H.1.
    Sec. 18.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION VI

FILM PROJECT AND TAX CREDIT PROGRAM
    Sec. 19.  Section 2.48, subsection 3, paragraph c, subparagraph (5), Code 2011, is amended by striking the subparagraph.
    Sec. 20.  Section 15.119, subsection 2, paragraph b, Code Supplement 2011, is amended by striking the paragraph.
    Sec. 21.  Section 422.7, subsection 52, Code Supplement 2011, is amended by striking the subsection.
    Sec. 22.  Section 422.33, subsections 23 and 24, Code Supplement 2011, are amended by striking the subsections.
    Sec. 23.  Section 422.35, subsection 23, Code Supplement 2011, is amended by striking the subsection.
    Sec. 24.  Section 422.60, subsections 10 and 11, Code Supplement 2011, are amended by striking the subsections.
    Sec. 25.  Section 533.329, subsection 2, paragraphs f and g, Code Supplement 2011, are amended by striking the paragraphs.
    Sec. 26.  REPEAL.  Sections 15.391, 15.392, 15.393, 422.11T, 422.11U, 432.12J, and 432.12K, Code and Code Supplement 2011, are repealed.
    Sec. 27.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 28.  RETROACTIVE APPLICABILITY.  This division of this Act applies retroactively to January 1, 2012, for tax years beginning on or after that date.
    Sec. 29.  APPLICABILITY.  This division of this Act does not apply to contracts or agreements entered into on or before the effective date of this division of this Act.

DIVISION VII

HUMAN SERVICES —— FOOD ASSISTANCE PROGRAM
    Sec. 30.  FOOD ASSISTANCE PROGRAM —— AUTHORITY TO RESTRICT USE OF BENEFITS.  The department of human services shall submit a request to the United States department of agriculture for authorization for a waiver, pilot project, or other approach for restricting the use of food assistance benefits, as administered by the state under the federal supplemental nutrition assistance program, for food items with a low nutritional value. The request shall be submitted within 60 days of the effective date of this division of this Act. The department shall regularly report on the status of the request to the members of the joint appropriations subcommittee on health and human services and the legislative services agency.
    Sec. 31.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION VIII

MENTAL HEALTH SERVICES
    Sec. 32.  Section 225C.6, subsection 1, paragraph k, Code Supplement 2011, is amended to read as follows:
   k.  Coordinate activities with the governor’s developmental disabilities council and the mental health planning council, created pursuant to federal law.

The commission shall receive any official reports from the two councils and shall consider any recommendations made in the reports. The commission shall work with other state agencies on coordinating, collaborating, and communicating concerning activities involving persons with disabilities.
    Sec. 33.  Section 426B.5, subsection 2, paragraph c, Code Supplement 2011, is amended to read as follows:
   c.  A
 
The mental health and disability services commission created in section 225C.5 shall serve as the risk pool board is created
 
and shall fulfill the duties of the risk pool board in accordance with this section. The board shall consist of two county supervisors, two county auditors, a member of the mental health and disability services commission who is not a member of a county board of supervisors, a member of the county finance committee created in chapter 333A who is not an elected official, a representative of a provider of mental health or developmental disabilities services selected from nominees submitted by the Iowa association of community providers, and two central point of coordination process administrators, all appointed by the governor, and one member appointed by the director of human services. All members appointed by the governor shall be subject to confirmation by the senate. Members shall serve for three-year terms. A vacancy shall be filled in the same manner as the original appointment. Expenses and other costs of the risk pool board members representing counties shall be paid by the county of origin. Expenses and other costs of risk pool board members who do not represent counties shall be paid from a source determined by the governor.

The mental health and disability services commission may appoint a risk pool advisory committee which may include the interests comprising the risk pool board under this section, Code 2011, to make recommendations to the commission regarding the risk pool board decisions and other functions required by this section. Staff assistance to the
 
for risk pool board
 
decision making shall be provided by the department of human services and counties. Actuarial expenses and other direct administrative costs shall be charged to the pool.

DIVISION IX

ELECTRONIC COMMUNICATIONS
    Sec. 34.  Section 22.7, Code Supplement 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  65.  Electronic mail addresses of individuals collected by state departments and agencies for the purpose of electronic communications.
    Sec. 35.  STATE DEPARTMENT AND AGENCY LIMITATIONS ON MAIL.  Notwithstanding any provision of the law to the contrary, a state department or agency shall provide departmental or agency notices or information through the department’s or agency’s internet site or through electronic mail to the fullest extent possible. This requirement shall not apply to department and agency communications required for purposes of pursuing legal action or to comply with federal law. Departments and agencies shall have rulemaking authority to implement this section and to collect electronic mail addresses for the purpose of electronic communications. 

DIVISION X

STATE RECORDS
    Sec. 36.  Section 96.11, subsection 11, Code 2011, is amended to read as follows:
   11.  Destruction of records.  The department may destroy or dispose of such original reports or records as have been properly recorded or summarized in the permanent records of the department and are deemed by the director and the state records commission
 
department of cultural affairs to be no longer necessary to the proper administration of this chapter. Wage records of the individual worker or transcripts therefrom may be destroyed or disposed of, if approved by the state records commission
 
department of cultural affairs, two years after the expiration of the period covered by such wage records or upon proof of the death of the worker. Such destruction or disposition shall be made only by order of the director in consultation with the state records commission
 
department of cultural affairs. Any moneys received from the disposition of such records shall be deposited to the credit of the employment security administration fund, subject to rules promulgated by the department.
    Sec. 37.  Section 305.2, subsection 2, Code 2011, is amended to read as follows:
   2.  “Archives” means records that have been appraised by the state records commission
 
department as having sufficient historical, research, evidential, or informational value to warrant permanent preservation and that have been transferred to the custody of the state archives.
    Sec. 38.  Section 305.2, subsections 3 and 5, Code 2011, are amended by striking the subsections.
    Sec. 39.  Section 305.2, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  “Department” means the department of cultural affairs.
    Sec. 40.  Section 305.2, subsection 10, Code 2011, is amended to read as follows:
   10.  “Records series retention and disposition schedule” means a timetable established by the state records commission
 
department that describes the length of time a records series of an agency or multiple agencies must be retained in active and inactive status and provides authorization for a final disposition of the records series by destruction or permanent retention.
    Sec. 41.  Section 305.4, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The commission
 
department shall adopt government information policies, standards, and guidelines to do all of the following:
    Sec. 42.  Section 305.8, subsection 1, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The commission
 
department shall do all of the following:
    Sec. 43.  Section 305.8, subsection 1, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0e.  Provide training, advice, and counsel to agencies on government information policies, standards, and guidelines.
    Sec. 44.  Section 305.8, subsection 1, Code 2011, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0f.  Develop and distribute operating procedures for agencies to use to implement the plans, policies, standards, and guidelines adopted by the department.
   NEW PARAGRAPH.  00f.  Manage any centralized records storage facility established by the department for the temporary storage of agency records prior to their final disposition by destruction or permanent preservation in accordance with the records series retention and disposition schedules.
   NEW PARAGRAPH.  000f.  Appoint a state archivist to head the state archives and records program.
   NEW PARAGRAPH.  0000f.  Manage the state archives and develop operating procedures for the transfer, accession, arrangement, description, preservation, protection, and public access of those records the department identifies as having permanent value.
   NEW PARAGRAPH.  00000f.  Maintain physical custody and legal custody of archives that have been transferred and delivered to the state archives.
   (1)  Upon receipt by the state archivist, the archives shall not be removed without the state archivist’s consent except in response to a subpoena of a court of record or in accordance with approved records series retention and disposition schedules or after review and approval of the department.
   (2)  Upon request, the state archivist shall make a certified copy of any record in the legal custody or in the physical custody of the state archivist, or a certified transcript of any record if reproduction is inappropriate because of legal or physical considerations. If a copy or transcript is properly authenticated, it has the same legal effect as though certified by the officer from whose office it was transferred or by the secretary of state. The department shall establish reasonable fees for certified copies or certified transcripts of records in the legal custody or physical custody of the state archivist.
   NEW PARAGRAPH.  000000f.  Establish, maintain, and administer an archive of records created and maintained in electronic format in order to preserve and provide public access to state government records identified as having permanent historical value by the department.
    Sec. 45.  Section 305.8, subsection 1, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0i.  Establish rates to be charged an agency by the department for storage and retention of records of the agency in a records storage facility maintained by the department. Rates established shall be reviewed annually by the department and shall be reasonably related to the cost of storing and retaining records of an agency.
    Sec. 46.  Section 305.8, subsection 2, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The commission
 
department may do all of the following:
    Sec. 47.  Section 305.8, subsection 2, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0g.  Upon written consent of the state archivist, accept records of political subdivisions that are voluntarily transferred to the state archives.
    Sec. 48.  Section 305.8, subsection 2, paragraph e, Code 2011, is amended to read as follows:
   e.  Make, or cause to be made, preservation duplicates of records, which may include existing copies of original state records. Any preservation duplicate record shall be durable, accurate, complete, and clear, and shall be made by means designated by the commission
 
department.
    Sec. 49.  NEW SECTION.  305.8A  Records retention and storage costs —— billing —— internal service fund.
   1.  The department may bill an agency for records storage and retention services rendered by the department pursuant to the rates established by the department for these services. The department shall periodically render a billing statement to an agency outlining the cost of services provided. The amount indicated on the statement shall be paid by the agency and amounts received by the department shall be considered repayment receipts as defined in section 8.2, and deposited into the accounts of the department.
   2.
  a.  The department may establish and maintain an internal service fund in accordance with generally accepted accounting principles, as defined in section 8.57, for the records storage and retention activities of the department which are primarily funded from billings to agencies for services rendered by the department.
   b.  The internal service fund shall be administered by the department and shall consist of moneys collected by the department from billings issued in accordance with this section and any other moneys obtained or accepted by the department, including but not limited to gifts, loans, donations, grants, and contributions, which are designated to support the activities of the internal service fund.
   c.  The proceeds of the internal service fund established pursuant to this section shall be used by the department for the operations of the department in records storage and retention consistent with this chapter.
   d.  Section 8.33 does not apply to any moneys in the internal service fund established pursuant to this section. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund.
   e.  The director of the department shall annually provide financial information and reports relative to the internal service fund established pursuant to this section to the department of management and the general assembly. The information provided may include the recommendation that a portion of unexpended net income be periodically returned to the appropriate funding source.
    Sec. 50.  Section 305.10, subsection 1, paragraphs c, d, e, f, and j, Code 2011, are amended to read as follows:
   c.  Cooperate with the state records commission
 
department and the state archives and records program in the development and implementation of government information policies, standards, and guidelines, and in the development and implementation of records series retention and disposition schedules.
   d.  Comply with requests from the state records commission or
 
department and the state archives and records program to examine records in the possession, constructive possession, or control of the agency in order to carry out the purposes of this chapter.
   e.  Inventory agency records in accordance with state records commission
 
department policies to draft records series retention and disposition schedules.
   f.  Identify vital operating records in accordance with the policies, standards, and guidelines of the state records commission
 
department.
   j.  Provide for compliance with this chapter and the rules adopted by the state records commission
 
department.
    Sec. 51.  Section 305.10, subsection 2, Code 2011, is amended to read as follows:
   2.  Agency heads may petition the state records commission
 
department to create or modify government information policies, standards, and guidelines, and to create or modify records series retention and disposition schedules.
    Sec. 52.  Section 305.11, Code 2011, is amended to read as follows:
   305.11  Termination of state agency —— records transfer.
   Upon the termination of a state agency whose functions have not been transferred to another agency, custody of the records of the agency shall transfer to the commission
 
department.
    Sec. 53.  Section 305.14, Code 2011, is amended to read as follows:
   305.14  Liability precluded.
   No member
 
employee of the commission
 
department or head of an agency shall be held liable for damages or loss, or civil or criminal liability, because of the destruction of public records pursuant to the provisions of this chapter or any other law authorizing their destruction.
    Sec. 54.  Section 305.15, Code 2011, is amended to read as follows:
   305.15  Exemptions —— duties of state department of transportation and state board of regents.
   The state department of transportation and the agencies and institutions under the control of the state board of regents are exempt from the state records manual and the provisions of this chapter. However, the state department of transportation and the state board of regents shall adopt rules pursuant to chapter 17A for their employees, agencies, and institutions that are consistent with the objectives of this chapter. The rules shall be approved by the state records commission
 
department.
    Sec. 55.  Section 305.16, subsection 6, paragraph b, subparagraph (1), Code 2011, is amended to read as follows:
   (1)  Serve in an advisory capacity to the state records commission
 
department, the state archives and records program, and other statewide archival or records agencies.
    Sec. 56.  Section 321.31, subsection 1, paragraph b, Code 2011, is amended to read as follows:
   b.  The department may make photostatic, microfilm, or other photographic copies of certificates of title, registration receipts, or other records, reports or documents which are required to be retained by the department. When copies have been made, the department may destroy the original records in such manner as prescribed by the director. The photostatic, microfilm, or other photographic copies, when no longer of use, may be destroyed in the manner prescribed by the director, subject to the approval of the state records commission
 
department of cultural affairs. Photostatic, microfilm, or other photographic copies of records shall be admissible in evidence when duly certified and authenticated by the officer having custody and control of the copies of records. Records of vehicle certificates of title may be destroyed seven years after the date of issue.
    Sec. 57.  REPEAL.  Sections 305.3, 305.5, 305.6, 305.7, and 305.9, Code 2011, are repealed.
    Sec. 58.  IOWA BUILDING —— CENTRALIZED RECORDS STORAGE FACILITY.  The department of cultural affairs shall utilize the Iowa building as the centralized records storage facility for records received by the department upon the conclusion of the existing lease for the building currently utilized for this purpose. The department, in collaboration with the department of administrative services, shall conduct an assessment of the Iowa building and shall identify space within the building that can be utilized for this purpose. If modifications or renovations to the Iowa building are necessary for the department to utilize space in the building for a centralized records storage facility, the department, in collaboration with the department of administrative services, shall determine the estimated cost of the modifications or renovations needed and shall provide this information to the general assembly.
    Sec. 59.  ADMINISTRATIVE RULES —— TRANSITION PROVISIONS.
   1.  Any rule, regulation, form, order, or directive promulgated by the state records commission relative to the provisions of this Act in existence on the effective date of this division of this Act shall continue in full force and effect until amended, repealed, or supplemented by affirmative action of the department of cultural affairs under the duties and powers established in this division of this Act and under the procedure established in subsection 2.
   2.  In regard to updating references and format in the Iowa administrative code in order to correspond to the transferring of duties as established in this division of this Act, the administrative rules coordinator and the administrative rules review committee, in consultation with the administrative code editor, shall jointly develop a schedule for the necessary updating of the Iowa administrative code.

DIVISION XI

LOCAL GOVERNMENT
    Sec. 60.  Section 39.2, subsection 4, paragraph c, Code 2011, is amended to read as follows:
   c.  For a school district or merged area, in the odd-numbered year, the first Tuesday in February, the first Tuesday in April, the last Tuesday in June, or the second
 
first Tuesday in September
 
after the first Monday in November. For a school district or merged area, in the even-numbered year, the first Tuesday in February, the first Tuesday in April, the second Tuesday in September, or the first Tuesday in December.
    Sec. 61.  Section 260C.12, subsection 1, Code 2011, is amended to read as follows:
   1.  The board of directors of the merged area shall organize at the first regular meeting in October
 
December following the regular school election. Organization of the board shall be effected by the election of a president and other officers from the board membership as board members determine. The board of directors shall appoint a secretary and a treasurer who shall each give bond as prescribed in section 291.2 and who shall each receive the salary determined by the board. The secretary and treasurer shall perform duties under chapter 291 and additional duties the board of directors deems necessary. However, the board may appoint one person to serve as the secretary and treasurer. If one person serves as the secretary and treasurer, only one bond is necessary for that person. The frequency of meetings other than organizational meetings shall be as determined by the board of directors but the president or a majority of the members may call a special meeting at any time.
    Sec. 62.  Section 260C.13, subsection 1, Code 2011, is amended to read as follows:
   1.  The board of a merged area may change the number of directors on the board and shall make corresponding changes in the boundaries of director districts. Changes shall be completed not later than June
 
August 1 of the year of the regular school election. As soon as possible after adoption of the boundary changes, notice of changes in the director district boundaries shall be submitted by the merged area to the county commissioner of elections in all counties included in whole or in part in the merged area.
    Sec. 63.  Section 273.8, subsection 2, paragraphs a and b, Code 2011, are amended to read as follows:
   a.  Notice of the election shall be published by the area education agency administrator not later than July
 
September 15 of the odd-numbered year in at least one newspaper of general circulation in the director district. The cost of publication shall be paid by the area education agency.
   b.  A candidate for election to the area education agency board shall file a statement of candidacy with the area education agency secretary not later than August
 
October 15 of the odd-numbered year, on forms prescribed by the department of education. The statement of candidacy shall include the candidate’s name, address, and school district. The list of candidates shall be sent by the secretary of the area education agency in ballot form by certified mail to the presidents of the boards of directors of all school districts within the director district not later than September
 
November 1. In order for the ballot to be counted, the ballot must be received in the secretary’s office by the end of the normal business day on September
 
November 30 or be clearly postmarked by an officially authorized postal service not later than September
 
November 29 and received by the secretary not later than noon on the first Monday following September
 
November 30.
    Sec. 64.  Section 273.8, subsection 4, paragraph a, Code 2011, is amended to read as follows:
   a.  The board of directors of each area education agency shall meet and organize at the first regular meeting in October
 
December following the regular school election at a suitable place designated by the president. Directors whose terms commence at the organizational meeting shall qualify by taking the oath of office required by section 277.28 at or before the organizational meeting.
    Sec. 65.  Section 273.8, subsection 6, Code 2011, is amended to read as follows:
   6.  Change in directors.  The board of an area education agency may change the number of directors on the board and shall make corresponding changes in the boundaries of director districts. Changes shall be completed not later than July
 
September 1 of a fiscal
 
the odd-numbered year for the director district conventions to be held the following September
 
November.
    Sec. 66.  Section 277.1, Code 2011, is amended to read as follows:
   277.1  Regular election.
   The regular election shall be held biennially on the second
 
first Tuesday in September
 
after the first Monday in November of each odd-numbered year in each school district for the election of officers of the district and merged area and for the purpose of submitting to the voters any matter authorized by law.
    Sec. 67.  Section 277.20, Code 2011, is amended to read as follows:
   277.20  Canvassing returns.
   On the next Friday after
 
After the regular school election, the county board of supervisors shall canvass the returns made to the county commissioner of elections from the several precinct polling places and the absentee ballot counting board, ascertain the result of the voting with regard to every matter voted upon and cause a record to be made thereof, all as required by section 50.24. Special elections held in school districts shall be canvassed at the time and in the manner required by that section. The board shall declare the results of the voting for members of boards of directors of school corporations nominated pursuant to section 277.4, and the commissioner shall at once issue a certificate of election to each person declared elected. The board shall also declare the results of the voting on any public question submitted to the voters of a single school district, and the commissioner shall certify the result as required by section 50.27.
   The abstracts of the votes cast for members of the board of directors of any merged area, and of the votes cast on any public question submitted to the voters of any merged area, shall be promptly certified by the commissioner to the county commissioner of elections who is responsible under section 47.2 for conducting the elections held for that merged area.
    Sec. 68.  EFFECTIVE DATE.  This division of this Act takes effect January 1, 2014.

DIVISION XII

LOCAL GOVERNMENTS —— ELECTRONIC PAYMENT
    Sec. 69.  LOCAL GOVERNMENTS —— ELECTRONIC PAYMENT.  Local governments shall encourage persons to pay fees and taxes collected by local governments by credit or debit card or other electronic means of payment. In authorizing payment by electronic means, a local government shall seek to reduce convenience or other handling fees charged by the local government if electronic means of payment are used. Handling or other fees charged should be limited to the actual cost of authorizing that means of payment and should not be utilized to raise additional revenue.

DIVISION XIII

COMMODITY ORGANIZATION AUDITS
    Sec. 70.  Section 182.18, subsection 1, Code 2011, is amended to read as follows:
   1.  Moneys collected under this chapter are subject to audit by the auditor of state and shall be used by the Iowa sheep and wool promotion board first for the payment of collection and refund expenses, second for payment of the costs and expenses arising in connection with conducting referendums,
 
and third for the purposes identified in section 182.11, and fourth for the cost of audits for the auditor of state. Moneys of the board remaining after a referendum is held at which a majority of the voters favor termination of the board and the assessment shall continue to be expended in accordance with this chapter until exhausted. The auditor of state may seek reimbursement for the cost of the audit.
    Sec. 71.  Section 184.14, subsection 2, Code 2011, is amended to read as follows:
   2.  Moneys collected, deposited in the fund, and transferred to the council as provided in this chapter are subject to audit by the auditor of state. The auditor of state may seek reimbursement for the cost of the audit. The moneys transferred to the council shall be used by the council first for the payment of collection expenses, second for payment of the costs and expenses arising in connection with conducting referendums,
 
and third to perform the functions and carry out the duties of the council as provided in this chapter, and fourth for the cost of audits by the auditor of state. Moneys remaining after the council is abolished and the imposition of an assessment is terminated pursuant to a referendum conducted pursuant to section 184.5 shall continue to be expended in accordance with this chapter until exhausted.
    Sec. 72.  Section 184A.6, subsection 2, Code 2011, is amended to read as follows:
   2.  The council shall expend moneys from the account first for the payment of expenses for the collection of assessments, second
 
and then for the payment of expenses related to conducting a referendum as provided in section 184A.12, and third for the cost of audits by the auditor of state as required in section 184A.9. The council shall expend remaining moneys for market development, producer education, and the payment of refunds to producers as provided in this chapter.
    Sec. 73.  Section 184A.9, Code 2011, is amended to read as follows:
   184A.9  Audit.
   Moneys required to be deposited in the turkey council account as provided in section 184A.4 shall be subject to audit by the auditor of state. The auditor of state may seek reimbursement for the cost of the audit from moneys deposited in the turkey council account.
    Sec. 74.  Section 185C.26, Code 2011, is amended to read as follows:
   185C.26  Deposit of moneys —— corn promotion fund.
   A state assessment collected by the board from a sale of corn shall be deposited in the office of the treasurer of state in a special fund known as the corn promotion fund. The fund may include any gifts, rents, royalties, interest, license fees, or a federal or state grant received by the board. Moneys collected, deposited in the fund, and transferred to the board as provided in this chapter shall be subject to audit by the auditor of state. The auditor of state may seek reimbursement for the cost of the audit from moneys deposited in the fund as provided in this chapter. The department of administrative services shall transfer moneys from the fund to the board for deposit into an account established by the board in a qualified financial institution. The department shall transfer the moneys as provided in a resolution adopted by the board. However, the department is only required to transfer moneys once during each day and only during hours when the offices of the state are open. From moneys collected, the board shall first pay all the direct and indirect costs incurred by the secretary and the costs of referendums, elections, and other expenses incurred in the administration of this chapter, before moneys may be expended for the purpose of carrying out the purposes of this chapter as provided in section 185C.11.
    Sec. 75.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION XIV

ONGOING PROGRAM REVIEW
    Sec. 76.  NEW SECTION.  8.71  Ongoing program review —— repeal dates.
   1.  The general assembly finds that a regular review of the programs and projects administered by state government is necessary to determine whether each program and project is effectively and efficiently meeting the needs for which created and whether the needs remain applicable. The general assembly further finds that a regular, systematic review process can identify the programs and projects that are no longer relevant or functioning at a desirable level and can eliminate or reorganize those programs and projects so that state resources can be used most effectively or diverted to other priorities.
   2.  The state government efficiency review committee established in section 2.69 shall propose legislation for consideration by the Eighty-fifth General Assembly, 2014 session, providing a staggered schedule for establishing an automatic repeal date for each program or project administered by a department of state government over the succeeding five-year period. The review committee shall consult with the office of the governor and the department of management in formulating the staggered schedule and the office and department shall cooperate in providing necessary information requested by the committee. The repeal date provisions shall be implemented in a manner so that any program or project that is reauthorized by law is again subject to automatic repeal five years after reauthorization.

DIVISION XV

IOWA JOBS BOARD
    Sec. 77.  Section 12.87, subsection 12, Code Supplement 2011, is amended to read as follows:
   12.  Neither the treasurer of state, the Iowa jobs board
 
finance authority, nor any person acting on behalf of the treasurer of state or the Iowa jobs board
 
finance authority while acting within the scope of their employment or agency, is subject to personal liability resulting from carrying out the powers and duties conferred by this section and sections 12.88 through 12.90.
    Sec. 78.  Section 16.193, subsection 1, Code Supplement 2011, is amended to read as follows:
   1.  The Iowa finance authority, subject to approval by the Iowa jobs board, shall adopt administrative rules pursuant to chapter 17A necessary to administer the Iowa jobs program and Iowa jobs II program. The authority shall provide the board with assistance in implementing administrative functions,
 
be responsible for providing technical assistance and application assistance to applicants under the programs, negotiating contracts, and providing project follow up. The authority, in cooperation with the board, may conduct negotiations on behalf of the board with applicants regarding terms and conditions applicable to awards under the program.
    Sec. 79.  Section 16.194, subsection 2, Code 2011, is amended to read as follows:
   2.  A city or county or a public organization in this state may submit an application to the Iowa jobs board
 
authority for financial assistance for a local infrastructure competitive grant for an eligible project under the program, notwithstanding any limitation on the state’s percentage in funding as contained in section 29C.6, subsection 17.
    Sec. 80.  Section 16.194, subsection 4, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The board
 
authority shall consider the following criteria in evaluating eligible projects to receive financial assistance under the program:
    Sec. 81.  Section 16.194, subsection 7, Code 2011, is amended to read as follows:
   7.  In order for a project to be eligible to receive financial assistance from the board
 
authority, the project must be a public construction project pursuant to subsection 1 with a demonstrated substantial local, regional, or statewide economic impact.
    Sec. 82.  Section 16.194, subsection 8, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The board
 
authority shall not approve an application for assistance for any of the following purposes:
    Sec. 83.  Section 16.194, subsection 9, paragraph b, Code 2011, is amended to read as follows:
   b.  Any portion of an amount allocated for projects that remains unexpended or unencumbered one year after the allocation has been made may be reallocated to another project category, at the discretion of the board
 
authority. The board
 
authority shall ensure that all bond proceeds be expended within three years from when the allocation was initially made.
    Sec. 84.  Section 16.194, subsection 10, Code 2011, is amended to read as follows:
   10.  The board
 
authority shall ensure that funds obligated under this section are coordinated with other federal program funds received by the state, and that projects receiving funds are located in geographically diverse areas of the state.
    Sec. 85.  Section 16.194A, subsections 2, 7, 9, and 10, Code 2011, are amended to read as follows:
   2.  A city or county in this state that applies the smart planning principles and guidelines pursuant to sections 18B.1 and 18B.2 may submit an application to the Iowa jobs board
 
authority for financial assistance for a local infrastructure competitive grant for an eligible project under the program, notwithstanding any limitation on the state’s percentage in funding as contained in section 29C.6, subsection 17.
   7.  In order for a project to be eligible to receive financial assistance from the board
 
authority, the project must be a public construction project pursuant to subsection 1 with a demonstrated substantial local, regional, or statewide economic impact.
   9.  Any portion of an amount allocated for projects that remains unexpended or unencumbered one year after the allocation has been made may be reallocated to another project category, at the discretion of the board
 
authority. The board
 
authority shall ensure that all bond proceeds be expended within three years from when the allocation was initially made.
   10.  The board
 
authority shall ensure that funds obligated under this section are coordinated with other federal program funds received by the state, and that projects receiving funds are located in geographically diverse areas of the state.
    Sec. 86.  Section 16.194A, subsection 4, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The board
 
authority shall consider the following criteria in evaluating eligible projects to receive financial assistance under the program:
    Sec. 87.  Section 16.194A, subsection 8, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The board
 
authority shall not approve an application for assistance for any of the following purposes:
    Sec. 88.  Section 16.195, Code Supplement 2011, is amended to read as follows:
   16.195  Iowa jobs program application review.
   1.  Applications for assistance under the Iowa jobs program and Iowa jobs II program shall be submitted to the Iowa finance authority
 
for review and approval. The authority shall provide a staff review and evaluation of applications to the Iowa jobs program review committee referred to in subsection 2 and to the Iowa jobs board.
   2.  A review committee composed of members of the board as determined by the board shall review Iowa jobs program applications submitted to the board and make recommendations regarding the applications to the board. When reviewing the applications, the review committee and the authority shall consider the project criteria specified in sections 16.194 and 16.194A. The board
 
authority shall develop the appropriate level of transparency regarding project fund allocations.
   3.  Upon approval of an application for financial assistance under the program, the board
 
authority shall notify the treasurer of state regarding the amount of moneys needed to satisfy the award of financial assistance and the terms of the award. The treasurer of state shall notify the Iowa finance authority any time moneys are disbursed to a recipient of financial assistance under the program.
    Sec. 89.  Section 16.196, Code 2011, is amended to read as follows:
   16.196  Iowa jobs restricted capitals fund —— appropriations.
   1.  An Iowa jobs restricted capitals fund is created and established as a separate and distinct fund in the state treasury. The fund consists of moneys appropriated from the revenue bonds capitals fund created in section 12.88. The moneys in the fund are appropriated to the Iowa jobs board for purposes of the Iowa jobs program established in section 16.194. Moneys in the fund shall not be subject to appropriation for any other purpose by the general assembly, but shall be used only for the purposes of the Iowa jobs program. The treasurer of state shall act as custodian of the fund and disburse moneys contained in the fund. The fund shall be administered by the board which shall make allocations from the fund consistent with the purposes of the Iowa jobs program.
   2.

1.  There is appropriated from the revenue bonds capitals fund created in section 12.88, to the Iowa jobs restricted capitals fund, for the fiscal year beginning July 1, 2009, and ending June 30, 2010, one hundred sixty-five million dollars to be allocated as follows:

   a.  One hundred eighteen million five hundred thousand dollars for competitive grants for local infrastructure projects relating to disaster rebuilding, reconstruction and replacement of local buildings, flood control and flood protection, and future flood prevention public projects. An applicant for a local infrastructure grant shall not receive more than fifty million dollars in financial assistance from the fund.
   b.  Forty-six million five hundred thousand dollars for disaster relief and mitigation and local infrastructure grants for the following renovation and construction projects, notwithstanding any limitation on the state’s percentage participation in funding as contained in section 29C.6, subsection 17:
   (1)  For grants to a county with a population between one hundred eighty-nine thousand and one hundred ninety-six thousand in the latest preceding certified federal census, to be distributed as follows:
   (a)  Ten million dollars for the construction of a new, shared facility between nonprofit human service organizations serving the public, especially the needs of low-income Iowans, including those displaced as a result of the disaster of 2008.
   (b)  Five million dollars for the construction or renovation of a facility for a county-funded workshop program serving the public and particularly persons with mental illness or developmental disabilities.
   (2)  For grants to a city with a population between one hundred ten thousand and one hundred twenty thousand in the latest preceding certified federal census, to be distributed as follows:
   (a)  Five million dollars for an economic redevelopment project benefiting the public by improving energy efficiency and the development of alternative and renewable energy technologies.
   (b)  Ten million dollars for a museum serving the public and dedicated to the preservation of an eastern European cultural heritage through the collection, exhibition, preservation, and interpretation of historical artifacts.
   (c)  Five million dollars for a theater serving the public and promoting culture, entertainment, and tourism.
   (d)  Five million dollars for a public library.
   (e)  Five million dollars for a public works building.
   (3)  One million five hundred thousand dollars, to be distributed as follows:
   (a)  Five hundred thousand dollars to a city with a population between six hundred and six hundred fifty in the latest preceding certified federal census, for a public fire station.
   (b)  Five hundred thousand dollars to a city with a population between one thousand four hundred and one thousand five hundred in the latest preceding certified federal census, for a public fire station.
   (c)  Five hundred thousand dollars for a city with a population between seven thousand eight hundred and seven thousand eight hundred fifty, for a public fire station.
   3.

2.  Grant awards for a project under subsection 2, paragraph “b”, are contingent upon submission of a plan for each project by the applicable county or city governing board or in the case of a project submitted pursuant to subsection 2, paragraph “b”, subparagraph (2), subparagraph division (b), by the board of directors, to the Iowa jobs board
 
authority, no later than September 1, 2009, detailing a description of the project, the plan to rebuild, and the amount or percentage of federal, state, local, or private matching moneys which will be or have been provided for the project. Funds not utilized in accordance with subsection 2, paragraph “b”, due to failure to file a plan by the September 1 deadline shall revert to the Iowa jobs restricted
 
revenue bonds capitals fund to be available for local infrastructure competitive grants. A grant recipient under subsection 2, paragraph “b”, shall not be precluded from applying for a local infrastructure competitive grant pursuant to this section and section 16.195.
   4.  Moneys in the fund are not subject to section 8.33. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.
   5.

3.  Annually, on or before January 15 of each year, the board
 
authority shall report to the legislative services agency and the department of management the status of all projects receiving moneys from the fund completed or in progress. The report shall include a description of the project, the progress of work completed, the total estimated cost of the project, a list of all revenue sources being used to fund the project, the amount of funds expended, the amount of funds obligated, and the date the project was completed or an estimated completion date of the project, where applicable.
   6.

4.  Payment of moneys appropriated from the fund shall be made in a manner that does not adversely affect the tax-exempt status of any outstanding bonds issued by the treasurer of state.
    Sec. 90.  Section 16.197, Code 2011, is amended to read as follows:
   16.197  Limitation of liability.
   A member of the Iowa jobs board, a person acting on behalf of the board while acting within the scope of their employment or agency,
 
The authority or the treasurer of state, shall not be subject to personal liability resulting from carrying out the powers and duties of the board
 
authority or the treasurer, as applicable, in sections 16.192
 
16.193 through 16.196.
    Sec. 91.  IOWA JOBS BOARD —— TRANSITION PROVISIONS —— LIMITATION OF LIABILITY.
   1.  Any contract or agreement issued or entered into by the Iowa jobs board relating to the provisions of this division of this Act, in effect on the effective date of this division of this Act, shall continue in full force and effect and any responsibility of the board relative to the contracts or agreements as provided in those contracts or agreements shall be transferred to the Iowa finance authority.
   2.  A member of the Iowa jobs board or a person acting on behalf of the board while acting within the scope of that person’s employment or agency shall not be subject to personal liability resulting from carrying out the powers and duties of the board prior to the effective date of this division of this Act, as applicable, in sections 12.87 through 12.90 and in sections 16.192 through 16.196, Code and Code Supplement 2011.
    Sec. 92.  REPEAL.  Sections 16.191 and 16.192, Code Supplement 2011, are repealed.

DIVISION XVI

BOARDS AND COMMISSIONS
    Sec. 93.  Section 34A.2A, subsection 2, Code 2011, is amended to read as follows:
   2.  The E911 program manager shall act under the supervisory control of the administrator of the homeland security and emergency management division of the department of public defense, and in consultation with the E911 communications council
 
state interoperable communications system board established in section 80.28, and perform the duties specifically set forth in this chapter and as assigned by the administrator.
    Sec. 94.  Section 34A.7A, subsection 2, paragraph h, Code 2011, is amended to read as follows:
   h.  The administrator, in consultation with the program manager and the E911 communications council
 
state interoperable communications system board established in section 80.28, shall adopt rules pursuant to chapter 17A governing the distribution of the surcharge collected and distributed pursuant to this subsection. The rules shall include provisions that all joint E911 service boards and the department of public safety which answer or service wireless E911 calls are eligible to receive an equitable portion of the receipts.
    Sec. 95.  Section 80.29, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  12A.  Advise and make recommendations to the administrator of the homeland security and emergency management division of the department of public defense and the E911 program manager appointed pursuant to section 34A.2A regarding the implementation of chapter 34A. Such advice and recommendations shall be provided on issues at the request of the administrator or program manager or as deemed necessary by the board. However, the authority of the board as to this duty is limited to the issues specifically identified in this subsection and does not preempt the authority of the utilities board, created in section 474.1, to act on issues within the jurisdiction of the utilities board.
    Sec. 96.  Section 190A.3, subsection 4, Code 2011, is amended to read as follows:
   4.  The farm-to-school council
 
department of agriculture and land stewardship and the department of education shall actively seek financial or in-kind contributions from organizations or persons to support the program.
    Sec. 97.  Section 256.9, subsection 55, paragraph j, Code Supplement 2011, is amended by striking the paragraph.
    Sec. 98.  REPEAL.  Section 34A.15, Code Supplement 2011, is repealed.
    Sec. 99.  REPEAL.  Section 190A.2, Code 2011, is repealed.

DIVISION XVII

OBSOLETE PROVISIONS
    Sec. 100.  Section 84A.5, subsection 7, paragraphs a and c, Code Supplement 2011, are amended by striking the paragraphs.
    Sec. 101.  Section 97B.1A, subsection 8, paragraph b, subparagraph (8), Code Supplement 2011, is amended by striking the subparagraph.
    Sec. 102.  REPEAL.  Sections 84A.7, 84A.9, 84A.10, 303.3E, and 303.17, Code 2011, are repealed.
    Sec. 103.  REPEAL.  Section 15.112, Code Supplement 2011, is repealed.
    Sec. 104.  REPEAL.  Chapters 15C, 15D, and 28K, Code 2011, are repealed.

DIVISION XVIII

POLLUTION PREVENTION AND WASTE MANAGEMENT ASSISTANCE
    Sec. 105.  Section 455B.481, subsections 1 through 3, Code 2011, are amended to read as follows:
   1.  The purpose of this part is to promote the proper and safe storage, treatment, and disposal
 
management of solid, hazardous, and low-level radioactive wastes in Iowa. The management of these wastes generated within Iowa is the responsibility of Iowans. It is the intent of the general assembly that Iowans assume this responsibility to the extent consistent with the protection of public health, safety, and the environment, and that Iowans insure that waste management practices, as alternatives to land disposal, including source reduction, recycling, compaction, incineration, and other forms of waste reduction, are employed.
   2.  It is also the intent of the general assembly that a comprehensive waste management plan be established by the department which includes:  the determination of need and adequate regulatory controls prior to the initiation of site selection; the process for selecting a superior site determined to be necessary; the establishment of a process for a site community to submit or present data, views, or arguments regarding the selection of the operator and the technology that best ensures proper facility operation; the prohibition of shallow land burial of hazardous and low-level radioactive wastes; the establishment of a regulatory framework for a facility; and the establishment of provisions for the safe and orderly development, operation, closure, postclosure, and long-term monitoring and maintenance of the facility.
   3.

2.  In order to meet capacity assurance requirements of section 104k of the federal Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499, and further the objectives of waste minimization, the
 
The department, in cooperation with the small business assistance center at the university of northern Iowa, shall work with generators of hazardous wastes in the state to develop and implement aggressive waste minimization programs. The goal of these programs is to reduce the volume of hazardous waste generated in the state as a whole by twenty-five percent of the amount generated as of January 1, 1987, as reported in the biennial reports collected by the United States environmental protection agency. The twenty-five percent reduction goal shall be reached as expeditiously as possible and no later than July 1, 1994. In meeting the reduction goal, elements “a” through “d” of the hazardous waste management hierarchy shall be utilized. The department, in cooperation with the small business assistance center, shall reassess the twenty-five percent reduction goal in 1994. The department shall promote research and development, provide and promote educational and informational programs, promote and encourage
 
provide confidential, voluntary technical assistance to hazardous waste generators, promote assistance by the small business assistance center, and promote other activities by the public and private sectors that support this goal. In the promotion of the goal, the following hazardous waste management
 
pollution prevention hierarchy, in descending order of preference, is established by the department:
   a.  Source reduction for waste elimination.
   b.  Reuse.
   c.  On-site recycling.
   c.

d.  Off-site recycling.
   d.

e.  Waste treatment.
   e.

f.  Incineration
 
Combustion with energy recovery.
   f.

g.  Land disposal.
    Sec. 106.  Section 455B.481, subsections 4 and 5, Code 2011, are amended by striking the subsections.
    Sec. 107.  Section 455B.482, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  7A.  “Pollution prevention” means employment of a practice that reduces the industrial use of toxic substances or reduces the environmental and health hazards associated with an environmental waste without diluting or concentrating the waste before the release, handling, storage, transport, treatment, or disposal of the waste.
    Sec. 108.  Section 455B.484, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  Implement the waste management policy provided in section 455B.481.
    Sec. 109.  Section 455B.484, subsections 2, 3, 4, 6, 7, 9, and 10, Code 2011, are amended by striking the subsections.
    Sec. 110.  Section 455B.484A, subsection 1, paragraph c, Code 2011, is amended to read as follows:
   c.  “Assistance program” means the waste reduction assistance
 
pollution prevention program of the department or of the Iowa waste reduction center for safe and economic management of solid waste and hazardous substances conducted pursuant to section 268.4.
    Sec. 111.  Section 455B.485, subsections 3 and 5, Code 2011, are amended by striking the subsections.
    Sec. 112.  Section 455B.486, subsection 1, Code 2011, is amended by striking the subsection.
    Sec. 113.  Section 455B.487, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The commission shall adopt rules establishing criteria for the identification of land areas or sites which are suitable for the operation of facilities for the management of hazardous and low-level radioactive wastes. Upon request, the department shall assist in locating suitable sites for the location of a facility. The commission may purchase or condemn land to be leased or used for the operation of a facility subject to chapter 6A. Consideration for a contract for purchase of land shall not be in excess of funds appropriated by the general assembly for that purpose. The commission may lease land purchased under this section to any person including the state or a state agency. This section authorizes the state to own or operate hazardous waste facilities and low-level radioactive waste facilities, subject to the approval of the general assembly.
    Sec. 114.  Section 455B.487, unnumbered paragraph 11, Code 2011, is amended by striking the unnumbered paragraph.
    Sec. 115.  Section 455B.487, subsections 1 through 3, Code 2011, are amended by striking the subsections.
    Sec. 116.  Section 455D.1, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  “Pollution prevention techniques” means any of the following practices employed by the user of a toxic substance:
   a.  Input substitution, which is the replacement of a toxic substance or raw material used in a production process with a nontoxic or less toxic substance.
   b.  Product reformulation, which is the substitution of an end product which is nontoxic or less toxic upon use or release for an existing end product.
   c.  Production process redesign or modification, which is the development and use of production processes of a different design other than those currently in use.
   d.  Production process modernization, which is the upgrading or replacing of existing production process equipment or methods with other equipment or methods based on the same production process.
   e.  Improved operation and maintenance of existing production process equipment and methods, which is the modification or addition to existing equipment or methods, including but not limited to such techniques as improved housekeeping practices, system adjustments, product and process inspections, and production process control equipment or methods.
   f.  Recycling, reuse, or extended use of toxic substances by using equipment or methods that become an integral part of the production process.
    Sec. 117.  Section 455D.7, subsection 1, Code 2011, is amended to read as follows:
   1.  Unless otherwise specified in this chapter, adopt rules necessary to implement this chapter pursuant to chapter 17A.  Initial rules shall be adopted no later than April 1, 1992.
    Sec. 118.  Section 455D.7, subsection 4, Code 2011, is amended by striking the subsection.
    Sec. 119.  Section 455D.15, subsection 2, Code Supplement 2011, is amended by striking the subsection and inserting in lieu thereof the following:
   2.  The fund shall be utilized by the department for providing technical assistance to Iowa businesses in developing and implementing pollution prevention techniques.
    Sec. 120.  Section 455D.15, subsection 3, Code Supplement 2011, is amended by striking the subsection.
    Sec. 121.  Section 455E.8, subsections 2 and 3, Code 2011, are amended by striking the subsections.
    Sec. 122.  REPEAL.  Sections 455B.516, 455B.517, and 455B.518, Code 2011, are repealed.

DIVISION XIX

HOMELAND SECURITY AND EMERGENCY MANAGEMENT ORGANIZATION
    Sec. 123.  LEGISLATIVE INTENT —— HOMELAND SECURITY AND EMERGENCY MANAGEMENT ORGANIZATION.  It is the intent of the general assembly to enact legislation providing for the establishment of a homeland security and emergency management department separate from the department of public defense.
EXPLANATION
   This bill relates to government efficiency, including other matters related to the operation of state and local government.
   DIVISION I —— GOVERNMENT INFORMATION TECHNOLOGY SERVICES.  This division amends Code section 8A.205, concerning digital government, to encourage state agencies to utilize duplex printing. The division directs the department of administrative services (DAS) to conduct an inventory of information technology devices utilized by state agencies with the goal of identifying possibilities to reduce costs. DAS is required to submit a report to the general assembly by January 1, 2013, concerning the results of the inventory. This division of the bill also directs DAS to establish a schedule for departments to comply with information technology coordination and management requirements of Code chapter 8A. In addition, DAS is encouraged to procure information technology for participating agencies through leasing.
   DIVISION II —— PERSONNEL AND BENEFITS. This division enacts new Code section 8A.440 to provide that collective bargaining agreements negotiated after the effective date of this section of the bill shall include provisions requiring state employees whose spouse is also a state employee enroll in a family group health insurance plan for both employees. The bill provides that this new Code section takes effect upon enactment.
   This division also directs those state entities negotiating collective bargaining agreements to enter into discussions with employee organizations representing state employees to renegotiate provisions in the agreement to provide that state employees whose spouse is also a state employee enroll in a family group health insurance plan for both employees. If the agreements are renegotiated, the changed provisions shall also apply to state employees who are not covered by a collective bargaining agreement. In addition, this division of the bill applies the same family group health insurance requirement to a state legislator and legislative staff. These provisions of the bill take effect upon enactment.
   This division of the bill also excludes employees of the secretary of state who hold positions that are classified as information technology specialists from Code chapter 20, relating to public employee collective bargaining.
   This division of the bill also amends Code section 97B.1A(26), concerning the definition of wages for purposes of the Iowa public employees’ retirement system (IPERS) for members of the general assembly. The division provides that per diem payments to members of the general assembly and daily allowance paid to members of the general assembly are not considered wages for purposes of IPERS.
   This division also requires DAS to conduct a study to consider the feasibility of entering into a contract with a private entity to provide human resources services currently provided by DAS to state employees. DAS is required to submit a report to the general assembly relative to the study by January 1, 2013.
   DIVISION III —— MEDICATION THERAPY MANAGEMENT. This division of the bill relates to medication therapy management. The bill codifies the pilot program for medication therapy management implemented on July 1, 2010, for eligible state employees, making the program an ongoing program and directing DAS to utilize a request for proposals process and to enter into a contract to continue the program. This division of the bill takes effect upon enactment.
   DIVISION IV —— IOWA LAW ENFORCEMENT ACADEMY. This division directs the director of the Iowa law enforcement academy, in consultation with the Iowa law enforcement academy council, to examine its course offerings to law enforcement officers with the goal of offering more core courses to all law enforcement officers instead of offering distinct courses geared to particular law enforcement officers.
   DIVISION V —— STATE PHYSICAL RESOURCES. This division of the bill requires that DAS conduct an analysis of state employee workstations and office standards by September 30, 2012. The division further requires the department to submit findings and recommendations to the capitol planning commission and the legislative government oversight committees by October 30, 2012.
   This division of the bill also requires the department of natural resources to conduct an inventory of all real property under the control of the department and to submit a report to the general assembly providing detailed information relative to the inventory by January 1, 2013.
   New Code section 455A.14 provides that the department of natural resources shall not purchase real property that is agricultural land.
   This division takes effect upon enactment.
   DIVISION VI —— FILM PROJECT AND TAX CREDIT PROGRAM. This division of the bill repeals the film, television, and video project promotion program within the economic development authority. The bill also repeals the various tax credits and tax exclusions provided under the program. The repeal takes effect immediately upon enactment and applies retroactively to January 1, 2012, for tax years beginning on or after that date. The division does not impact existing contracts or agreements entered into on or before the effective date of this division of the bill. The division makes changes corresponding to the repeal of the program and the related tax credits and exclusions.
   DIVISION VII —— HUMAN SERVICES —— FOOD ASSISTANCE PROGRAM.  This division of the bill requires the department of human services to request authorization from the United States department of agriculture to allow the state to restrict the use of food assistance benefits for food items with a low nutritional value. The state administers the food assistance benefits, formerly known as food stamps, under the federal supplemental nutritional assistance program (SNAP).
   The department is directed to submit the request within 60 days of the bill division’s effective date and to report regularly on the status of the request to the members of the joint appropriations subcommittee on health and human services and the legislative services agency.
   The division takes effect upon enactment.
   DIVISION VIII —— MENTAL HEALTH SERVICES. Code section 225C.6, concerning the duties of the mental health and disability services commission, is amended to provide that the commission shall receive and consider any official reports from the governor’s developmental disabilities council and the mental health planning council.
   Code section 426B.5(2), concerning the risk pool board for mental health, mental retardation, and developmental disabilities services, is amended by eliminating the risk pool board and providing that the mental health and disability services commission serve as the risk pool board.
   DIVISION IX —— ELECTRONIC COMMUNICATIONS. This division provides that each state department and agency shall provide departmental or agency notices or information through the department’s or agency’s internet site or through electronic mail to the fullest extent possible. Code section 22.7, concerning confidential public records, is amended to provide that electronic mail addresses of individuals collected by state departments and agencies for the purpose of electronic communications shall be considered confidential.
   DIVISION X —— STATE RECORDS. This division eliminates the state records commission and transfers the duties and responsibilities of the state records commission to the department of cultural affairs. The division includes a transition provision that any rule promulgated by the state records commission shall continue until changed by the department of cultural affairs.
   This division also authorizes the department of cultural affairs to bill agencies for records storage and retention. Code section 305.8 is amended to provide that the state records commission establish rates to charge agencies for providing records storage and retention services. New Code section 305.8A authorizes the department of cultural affairs to bill agencies for records storage and retention services, establish an internal service fund for receipt of moneys from agencies billed for this purpose, and authorizes the department to utilize moneys received and deposited in the fund for the operations of the department in records storage and retention. The division also provides that the department of cultural affairs utilize the Iowa building as the centralized records storage facility upon conclusion of the existing lease on the building currently used for this purpose.
   DIVISION XI —— LOCAL GOVERNMENT. This division of the bill changes the date of regular school elections for local school districts, merged areas, and area education agencies. The bill moves the date of the regular school election from the second Tuesday in September in odd-numbered years to the first Tuesday after the first Monday in November of odd-numbered years, which is the date of the regular city election.
   Because area education agency board directors are elected at the director district conventions by members of school boards, the bill also changes the date of their election from September to November in the odd-numbered year. This division takes effect January 1, 2014.
   DIVISION XII —— LOCAL GOVERNMENTS —— ELECTRONIC PAYMENT.  This division provides that local governments shall encourage persons to pay fees and taxes collected by local governments by credit card, debit card, or other electronic means. The division provides that local governments should reduce convenience or other handling fees charged persons for utilizing electronic payment.
   DIVISION XIII —— COMMODITY ORGANIZATION AUDITS. This division of this bill relates to four commodity organizations representing producers of sheep (and wool), eggs, turkeys, and corn. The marketing, research, and promotional purposes of these organizations are financed by an excise tax or state assessment (commonly referred to as a checkoff) imposed upon the first purchasers of the commodities. Moneys derived from each checkoff are controlled by the governing body of each organization, including the Iowa sheep and wool promotion board, the Iowa egg council, the Iowa turkey marketing council, and the Iowa corn promotion board. In each case, the collected moneys are subject to audit by the auditor of state. In 2010, the general assembly enacted SF 2367 (2010 Iowa Acts, ch. 1189) which amended a number of sections referring to those audits, by authorizing the auditor of state to be reimbursed from the organizations for the cost of the audits. This division of this bill eliminates the changes made in SF 2367 and restores the sections to the language as it existed prior to that legislation.
   The division takes effect upon enactment.
   DIVISION XIV —— ONGOING PROGRAM REVIEW. This division of the bill addresses regular review of programs and projects administered by executive branch departments by providing for implementation of an organized system of ongoing repeal dates for the programs and projects. Code section 8.2 defines the term “department” to mean any executive department, commission, board, institution, bureau, office, or other agency of the state government, that uses, expends, or receives any state funds.
   New Code section 8.71 states legislative findings as to the purposes for performing a regular review of state programs and projects. The state government efficiency review committee is directed to propose legislation for the Eighty-fifth General Assembly, 2014 session, providing a staggered schedule for establishing an automatic repeal date for each program or project administered by a department over the succeeding five-year period. The review committee is required to consult with the office of the governor and the department of management in formulating the staggered schedule and the office and the department are required to cooperate in providing information requested by the committee. The repeal date provisions are required to be implemented in a manner so that any program or project that is reauthorized by law is again subject to automatic repeal five years after reauthorization.
   DIVISION XV —— IOWA JOBS BOARD. This division of this bill eliminates the Iowa jobs board and provides that any duties or responsibilities of the Iowa jobs board shall become the responsibility of the Iowa finance authority. The division of the bill also amends Code section 16.196, concerning the Iowa jobs restricted capitals fund and associated appropriations, to reflect the elimination of the Iowa jobs board. The division also provides transition provisions relative to any contracts or agreements entered into by the Iowa jobs board and provides for a limitation of personal liability for actions by a member or agent of the board taken prior to the effective date of this division of the bill relative to the duties of the board.
   DIVISION XVI —— BOARDS AND COMMISSIONS. This division of the bill eliminates the E911 communications council and transfers the duties of that council to the state interoperable communications system board. This division of the bill also repeals the farm-to-school council.
   DIVISION XVII —— OBSOLETE PROVISIONS. This division of the bill removes obsolete language from the Code relating to programs administered by the department of workforce development which are no longer active or funded.
   The programs removed are the Iowa conservation corps, the statewide mentoring program, and the new employment opportunity program. The Iowa conservation corps was established to provide public services jobs for certain specified segments of the population in conservation-related areas. The statewide mentoring program was established to recruit, screen, train, and match individuals in mentoring relationships. The new employment opportunity program was established to assist individuals in underutilized segments of the workforce to gain and retain employment.
   This division of the bill repeals Code section 15.112, relating to matching funds for a farmworks national demonstration project; Code chapter 15C, relating to a world trade center; Code chapter 15D, relating to the midwest nuclear compact; and Code section 28K, relating to mid-America port agreement. Code chapter 15D contains provisions relating to repeal and withdrawal from the compact.
   This division of the bill also repeals Code section 303.3E, the culture, history, and arts teams program, and Code section 303.17, concerning Iowa studies and the Iowa studies committee.
   DIVISION XVIII —— POLLUTION PREVENTION AND WASTE MANAGEMENT ASSISTANCE. This division of this bill relates to pollution prevention and waste management assistance.
   This division amends the waste management assistance provisions of Code chapter 455B by updating the waste management policy. The division includes reuse and combustion with energy recovery in the pollution prevention hierarchy and removes incineration from the hierarchy.
   This division includes a new definition for “pollution prevention” and uses the term to replace “hazardous waste management” and “waste reduction assistance”. The division eliminates references to hazardous waste throughout Code chapter 455B, division IV, part 9, including duties of the department and the environmental protection commission relating to hazardous waste and the location, acquisition, and operation of hazardous waste management facilities.
   This division eliminates many of the duties of the department in relation to waste management and includes a new general duty to implement the waste management policy.
   This division eliminates two duties of the environmental protection commission in relation to waste management policy. The duties relate to budget requests and approval of certain contracts and agreements.
   This division eliminates a duty of the commission to recommend to the general assembly, annually, the imposition of waste abatement fees, rebates, and deposits.
   This division amends provisions related to the waste volume reduction and recycling fund. This division eliminates a requirement that grants from the fund be awarded based on the solid waste management hierarchy. This division provides that the fund shall be utilized for purposes of providing technical assistance to Iowa businesses in developing and implementing pollution prevention techniques. 
   This division eliminates two duties of the director of the department relating to groundwater reporting requirements.
   This division repeals Code sections 455B.516, 455B.517, and 455B.518, which relate to the toxics pollution prevention program.
   DIVISION XIX —— HOMELAND SECURITY AND EMERGENCY MANAGEMENT ORGANIZATION. This division provides that it is the intent of the general assembly to enact legislation providing for the establishment of a homeland security and emergency management department separate from the department of public defense.