House Study Bill 645 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON COWNIE) A BILL FOR An Act relating to government operations and efficiency, 1 school elections, eliminating certain tax credits, 2 making appropriations, and including effective date and 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6025YC (10) 84 ec/rj
H.F. _____ DIVISION I 1 GOVERNMENT INFORMATION TECHNOLOGY SERVICES 2 Section 1. Section 8A.205, subsection 2, paragraph g, Code 3 2011, is amended to read as follows: 4 g. Encourage participating agencies to utilize duplex 5 printing and a print on demand strategy to reduce printing 6 costs, publication overruns, excessive inventory, and obsolete 7 printed materials. 8 Sec. 2. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 9 INFORMATION TECHNOLOGY COORDINATION AND MANAGEMENT. 10 1. The department of administrative services, in accordance 11 with the requirements of 2010 Acts, chapter 1031, and Code 12 section 8A.202, subsection 2, paragraph “g”, to coordinate and 13 manage information technology services within the department, 14 shall establish a schedule by which all departments subject 15 to the requirements of that Act and chapter 8A shall comply 16 with these requirements. The schedule shall provide for 17 implementation of the requirements to all affected state 18 agencies and departments by December 31, 2013. The department 19 shall submit a copy of the schedule to the general assembly 20 by July 31, 2012, and shall provide periodic updates to the 21 general assembly on the progress of meeting the time deadlines 22 contained in the schedule. 23 2. In procuring information technology as provided in 24 section 8A.207, the department of administrative services 25 should explore strategies of procuring information technology 26 through leasing. 27 DIVISION II 28 PERSONNEL AND BENEFITS 29 Sec. 3. NEW SECTION . 8A.440 Group health insurance —— 30 family enrollment. 31 1. If a state employee covered by a collective bargaining 32 agreement entered into pursuant to chapter 20 and the state 33 employee’s spouse, who is also a state employee, are both 34 members of a state group health insurance plan for employees 35 -1- LSB 6025YC (10) 84 ec/rj 1/ 27
H.F. _____ of the state established under chapter 509A, the employee and 1 the spouse shall be required to enroll in a single family group 2 health insurance plan. 3 2. If a state employee not covered by a collective 4 bargaining agreement as provided in chapter 20 and the state 5 employee’s spouse, who is also a state employee, are both 6 members of a state group health insurance plan for employees 7 of the state established under chapter 509A, the employee and 8 spouse shall be required to enroll in a single family group 9 health insurance plan for both state employees in the same 10 manner as is required under the collective bargaining agreement 11 that covers the greatest number of state employees in the state 12 government entity employing the state employee. 13 Sec. 4. NEW SECTION . 9.8 Employee classifications. 14 In addition to public employees listed in section 20.4, 15 public employees of the secretary of state who hold positions 16 that are classified in the information technology series are 17 excluded from chapter 20. 18 Sec. 5. Section 97B.1A, subsection 26, paragraph a, 19 subparagraph (1), subparagraph division (d), Code Supplement 20 2011, is amended to read as follows: 21 (d) For a member of the general assembly, the total 22 compensation received by a member of the general assembly, 23 whether paid in the form of per diem or annual salary, 24 exclusive of expense expenses, per diem, and travel allowances 25 paid to a member of the general assembly except as otherwise 26 provided in this subparagraph division . Wages includes per 27 diem payments paid to members of the general assembly during 28 interim periods between sessions of the general assembly. 29 Wages also includes daily allowances to members of the general 30 assembly for nontravel expenses of office during a session of 31 the general assembly, but does not include the portion of the 32 daily allowance which exceeds the maximum established by law 33 for members from Polk county. 34 Sec. 6. Section 97B.1A, subsection 26, paragraph a, 35 -2- LSB 6025YC (10) 84 ec/rj 2/ 27
H.F. _____ subparagraph (2), subparagraph divisions (h) and (i), Code 1 Supplement 2011, are amended to read as follows: 2 (h) Reimbursements of employee business expenses except for 3 those expenses included as wages for a member of the general 4 assembly . 5 (i) Payments for allowances except for those allowances 6 included as wages for a member of the general assembly . 7 Sec. 7. GROUP HEALTH INSURANCE COVERAGE FOR STATE 8 EMPLOYEES. 9 1. The state’s executive and judicial branch authorities 10 responsible for negotiating the collective bargaining 11 agreements entered into under chapter 20 shall engage in 12 discussions with the applicable state employee organizations 13 to renegotiate provisions involving health insurance coverage 14 of state employees and their families in order to achieve cost 15 savings for the state. The discussions shall include but 16 are not limited to a requirement for a state employee who is 17 covered by a collective bargaining agreement and whose spouse 18 is also a state employee, where both the state employee covered 19 by the agreement and the spouse are members of a state group 20 health insurance plan for employees of the state established 21 under chapter 509A, to enroll in a single family group health 22 insurance plan for both state employees. 23 2. If collective bargaining agreements are renegotiated 24 to achieve cost savings pursuant to subsection 1, the cost 25 savings provisions shall also apply to state employees who are 26 not covered by collective bargaining as provided in chapter 27 20 and are members of a state group health insurance plan for 28 employees of the state established under chapter 509A. 29 3. Beginning on the effective date of this section, a state 30 legislator or legislative staff member whose spouse is a state 31 employee, where both employees are members of a state group 32 health insurance plan for employees of the state established 33 under chapter 509A, shall be required to enroll in a single 34 family group health insurance plan for both employees. 35 -3- LSB 6025YC (10) 84 ec/rj 3/ 27
H.F. _____ Sec. 8. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 1 HUMAN RESOURCES ADMINISTRATION STUDY. The department of 2 administrative services shall conduct a study to examine the 3 feasibility of issuing a request for proposals to enter into 4 a contract with a private entity for the provision of human 5 resources services provided by the department of administrative 6 services for state employees, to include management of 7 human resources, employee benefits, payroll, payroll tax 8 administration, and workers’ compensation. The study shall 9 identify potential cost savings, legal requirements, and other 10 relevant issues, in considering entering into a contract with a 11 private entity for the provision of human resources services 12 for state employees. The department shall submit a report to 13 the general assembly detailing the results of its study by 14 January 1, 2013. 15 Sec. 9. APPLICABILITY. The section of this division of this 16 Act enacting section 8A.440, applies to collective bargaining 17 agreements entered into on or after the effective date of that 18 section of this division of this Act. 19 Sec. 10. EFFECTIVE UPON ENACTMENT. The following sections 20 of this division of this Act, being deemed of immediate 21 importance, take effect upon enactment: 22 1. The section of this division enacting section 8A.440. 23 2. The section of this division relating to group health 24 insurance coverage for state employees. 25 3. The section of this division relating to applicability. 26 DIVISION III 27 MEDICATION THERAPY MANAGEMENT 28 Sec. 11. NEW SECTION . 8A.441 Medication therapy management. 29 1. As used in this section, unless the context otherwise 30 requires: 31 a. “Eligible employee” means an employee of the state, with 32 the exception of an employee of the state board of regents or 33 institutions under the state board of regents, for whom group 34 health plans are established pursuant to chapter 509A providing 35 -4- LSB 6025YC (10) 84 ec/rj 4/ 27
H.F. _____ for third-party payment or prepayment for health or medical 1 expenses. 2 b. “Medication therapy management” means a systematic 3 process performed by a licensed pharmacist, designed to improve 4 quality outcomes for patients and lower health care costs, 5 including emergency room, hospital, provider, and other costs, 6 by optimizing appropriate medication use linked directly to 7 achievement of the clinical goals of therapy. Medication 8 therapy management shall include all of the following services: 9 (1) A medication therapy review and in-person consultation 10 relating to all medications, vitamins, and herbal supplements 11 currently being taken by an eligible individual. 12 (2) A medication action plan, subject to the limitations 13 specified in this section, communicated to the individual and 14 the individual’s primary care physician or other appropriate 15 prescriber to address issues including appropriateness, 16 effectiveness, safety, drug interactions, and adherence. The 17 medication action plan may include drug therapy recommendations 18 to prescribers that are needed to meet clinical goals and 19 achieve optimal patient outcomes. 20 (3) Documentation and follow-up to ensure consistent levels 21 of pharmacy services and positive outcomes. 22 2. a. The department shall utilize a request for proposals 23 process and shall enter into a contract for the provision of 24 medication therapy management services for eligible employees 25 who meet any of the following criteria: 26 (1) An individual who takes four or more prescription drugs 27 to treat or prevent two or more chronic medical conditions. 28 (2) An individual with a prescription drug therapy problem 29 who is identified by the prescribing physician or other 30 appropriate prescriber, and referred to a pharmacist for 31 medication therapy management services. 32 (3) An individual who meets other criteria established by 33 the third-party payment provider contract, policy, or plan. 34 b. The contract shall require the entity to provide annual 35 -5- LSB 6025YC (10) 84 ec/rj 5/ 27
H.F. _____ reports to the general assembly detailing the costs, savings, 1 estimated cost avoidance and return on investment, and improved 2 patient outcomes related to the medication therapy management 3 services provided. The entity shall guarantee demonstrated 4 annual savings for overall health care costs, including 5 emergency room, hospital, provider, and other costs, with 6 savings including associated cost avoidance, at least equal 7 to the program’s costs with any shortfall amount refunded to 8 the state. The contract shall include terms, conditions, 9 and applicable measurement standards associated with the 10 demonstration of savings. The department shall verify the 11 demonstrated savings reported by the entity was achieved in 12 accordance with the agreed upon measurement standards. The 13 entity shall be prohibited from using the entity’s employees to 14 provide the medication therapy management services and shall 15 instead be required to contract with licensed pharmacies, 16 pharmacists, or physicians. 17 c. The department may establish an advisory committee 18 comprised of an equal number of physicians and pharmacists 19 to provide advice and oversight in evaluating the results of 20 the program. The department shall appoint the members of the 21 advisory committee based upon designees of the Iowa pharmacy 22 association, the Iowa medical society, and the Iowa osteopathic 23 medical association. 24 d. The fees for pharmacist-delivered medication therapy 25 management services shall be separate from the reimbursement 26 for prescription drug product or dispensing services; shall 27 be determined by each third-party payment provider contract, 28 policy, or plan; and must be reasonable based on the resources 29 and time required to provide the service. 30 e. A fee shall be established for physician reimbursement 31 for services delivered for medication therapy management as 32 determined by each third-party payment provider contract, 33 policy, or plan, and must be reasonable based on the resources 34 and time required to provide the service. 35 -6- LSB 6025YC (10) 84 ec/rj 6/ 27
H.F. _____ f. If any part of the medication therapy management 1 plan developed by a pharmacist incorporates services which 2 are outside the pharmacist’s independent scope of practice 3 including the initiation of therapy, modification of dosages, 4 therapeutic interchange, or changes in drug therapy, the 5 express authorization of the individual’s physician or other 6 appropriate prescriber is required. 7 Sec. 12. EFFECTIVE UPON ENACTMENT. This division of this 8 Act, being deemed of immediate importance, takes effect upon 9 enactment. 10 DIVISION IV 11 STATE PHYSICAL RESOURCES 12 Sec. 13. STATE EMPLOYEE WORK ENVIRONMENT ANALYSIS 13 AND REPORT. By September 30, 2012, the department of 14 administrative services shall conduct a high level needs 15 analysis of state employee work stations and office standards, 16 focusing on reducing square footage needs and creating 17 healthy, productive, and efficient work environments. Overall 18 objectives of the analysis shall include improving employee 19 density; properly allocating space for individual and group 20 work; improving worker health and safety; improving technology 21 integration; and improving energy efficiency and sustainability 22 in state offices. The department shall submit findings and 23 recommendations to the capitol planning commission and to the 24 legislative government oversight committees by October 30, 25 2012. 26 Sec. 14. DEPARTMENT OF NATURAL RESOURCES —— SALE OF REAL 27 PROPERTY. During the fiscal period beginning on the effective 28 date of this division of this Act, and ending June 30, 2013, 29 the department of natural resources shall identify and sell 30 real property under the control of the department, the sale 31 of which is not otherwise prohibited by federal law, that 32 is not utilized for state parks and forests in sufficient 33 acreage that shall generate at least twenty million dollars. 34 Notwithstanding any provision of law to the contrary, the 35 -7- LSB 6025YC (10) 84 ec/rj 7/ 27
H.F. _____ department of natural resources shall be authorized to 1 sell real property and moneys received for the sale of real 2 property pursuant to this section shall be deposited in the 3 Iowa resources enhancement and protection fund established in 4 section 455A.18. 5 Sec. 15. EFFECTIVE UPON ENACTMENT. This division of this 6 Act, being deemed of immediate importance, takes effect upon 7 enactment. 8 DIVISION V 9 FILM PROJECT AND TAX CREDIT PROGRAM 10 Sec. 16. Section 2.48, subsection 3, paragraph c, 11 subparagraph (5), Code 2011, is amended by striking the 12 subparagraph. 13 Sec. 17. Section 15.119, subsection 2, paragraph b, Code 14 Supplement 2011, is amended by striking the paragraph. 15 Sec. 18. Section 422.7, subsection 52, Code Supplement 16 2011, is amended by striking the subsection. 17 Sec. 19. Section 422.33, subsections 23 and 24, Code 18 Supplement 2011, are amended by striking the subsections. 19 Sec. 20. Section 422.35, subsection 23, Code Supplement 20 2011, is amended by striking the subsection. 21 Sec. 21. Section 422.60, subsections 10 and 11, Code 22 Supplement 2011, are amended by striking the subsections. 23 Sec. 22. Section 533.329, subsection 2, paragraphs f and g, 24 Code Supplement 2011, are amended by striking the paragraphs. 25 Sec. 23. REPEAL. Sections 15.391, 15.392, 15.393, 422.11T, 26 422.11U, 432.12J, and 432.12K, Code and Code Supplement 2011, 27 are repealed. 28 Sec. 24. EFFECTIVE UPON ENACTMENT. This division of this 29 Act, being deemed of immediate importance, takes effect upon 30 enactment. 31 Sec. 25. RETROACTIVE APPLICABILITY. This division of this 32 Act applies retroactively to January 1, 2012, for tax years 33 beginning on or after that date. 34 Sec. 26. APPLICABILITY. This division of this Act does not 35 -8- LSB 6025YC (10) 84 ec/rj 8/ 27
H.F. _____ apply to contracts or agreements entered into on or before the 1 effective date of this division of this Act. 2 DIVISION VI 3 HUMAN SERVICES —— FOOD ASSISTANCE PROGRAM 4 Sec. 27. FOOD ASSISTANCE PROGRAM —— AUTHORITY TO RESTRICT 5 USE OF BENEFITS. The department of human services shall submit 6 a request to the United States department of agriculture for 7 authorization for a waiver, pilot project, or other approach 8 for restricting the use of food assistance benefits, as 9 administered by the state under the federal supplemental 10 nutrition assistance program, for food items with a low 11 nutritional value. The request shall be submitted within 60 12 days of the effective date of this division of this Act. The 13 department shall regularly report on the status of the request 14 to the members of the joint appropriations subcommittee on 15 health and human services and the legislative services agency. 16 Sec. 28. EFFECTIVE UPON ENACTMENT. This division of this 17 Act, being deemed of immediate importance, takes effect upon 18 enactment. 19 DIVISION VII 20 MENTAL HEALTH SERVICES 21 Sec. 29. Section 225C.6, subsection 1, paragraph k, Code 22 Supplement 2011, is amended to read as follows: 23 k. Coordinate activities with the governor’s developmental 24 disabilities council and the mental health planning council, 25 created pursuant to federal law. The commission shall receive 26 any official reports from the two councils and shall consider 27 any recommendations made in the reports. The commission shall 28 work with other state agencies on coordinating, collaborating, 29 and communicating concerning activities involving persons with 30 disabilities. 31 Sec. 30. Section 426B.5, subsection 2, paragraph c, Code 32 Supplement 2011, is amended to read as follows: 33 c. A The mental health and disability services commission 34 created in section 225C.5 shall serve as the risk pool board 35 -9- LSB 6025YC (10) 84 ec/rj 9/ 27
H.F. _____ is created and shall fulfill the duties of the risk pool board 1 in accordance with this section . The board shall consist of 2 two county supervisors, two county auditors, a member of the 3 mental health and disability services commission who is not a 4 member of a county board of supervisors, a member of the county 5 finance committee created in chapter 333A who is not an elected 6 official, a representative of a provider of mental health or 7 developmental disabilities services selected from nominees 8 submitted by the Iowa association of community providers, and 9 two central point of coordination process administrators, 10 all appointed by the governor, and one member appointed by 11 the director of human services. All members appointed by 12 the governor shall be subject to confirmation by the senate. 13 Members shall serve for three-year terms. A vacancy shall 14 be filled in the same manner as the original appointment. 15 Expenses and other costs of the risk pool board members 16 representing counties shall be paid by the county of origin. 17 Expenses and other costs of risk pool board members who do 18 not represent counties shall be paid from a source determined 19 by the governor. The mental health and disability services 20 commission may appoint a risk pool advisory committee which may 21 include the interests comprising the risk pool board under this 22 section, Code 2011, to make recommendations to the commission 23 regarding the risk pool board decisions and other functions 24 required by this section. Staff assistance to the for risk 25 pool board decision making shall be provided by the department 26 of human services and counties. Actuarial expenses and other 27 direct administrative costs shall be charged to the pool. 28 DIVISION VIII 29 OPERATIONAL EFFICIENCIES 30 Sec. 31. STATE DEPARTMENT AND AGENCY LIMITATIONS ON 31 MAIL. Notwithstanding any provision of the law to the 32 contrary, state departments and agencies shall not, unless 33 otherwise required for purposes of pursuing legal action or 34 by federal law, provide departmental or agency notices or 35 -10- LSB 6025YC (10) 84 ec/rj 10/ 27
H.F. _____ information by mail. Departments shall provide information 1 or notices through the department’s internet site or through 2 electronic mail. 3 DIVISION IX 4 REGULATORY REVIEW 5 Sec. 32. Section 17A.4, subsections 3 and 7, Code 2011, are 6 amended to read as follows: 7 3. When an agency for good cause finds that notice and 8 public participation would be unnecessary, impracticable, or 9 contrary to the public interest, the provisions of subsection 1 10 shall be inapplicable. The agency shall incorporate in each 11 rule issued in reliance upon this provision either the finding 12 and a brief statement of the reasons for the finding, or a 13 statement that the rule is within a very narrowly tailored 14 category of rules whose issuance has previously been exempted 15 from subsection 1 by a special rule relying on this provision 16 and including such a finding and statement of reasons for the 17 entire category. If the administrative rules review committee 18 by a two-thirds majority vote, the governor, or the attorney 19 general files with the administrative code editor an objection 20 to the adoption of any rule pursuant to this subsection , that 21 rule shall cease to be effective one hundred eighty days after 22 the date the objection was filed. A copy of the objection, 23 properly dated, shall be forwarded to the agency at the time of 24 filing the objection. In any action contesting a rule adopted 25 pursuant to this subsection , the burden of proof shall be on 26 the agency to show that the procedures of subsection 1 were 27 impracticable, unnecessary, or contrary to the public interest 28 and that, if a category of rules was involved, the category was 29 very narrowly tailored. 30 7. Upon the vote of two-thirds a majority of its members the 31 administrative rules review committee may delay the effective 32 date of a rule seventy days beyond that permitted in section 33 17A.5 , unless the rule was promulgated under section 17A.5, 34 subsection 2 , paragraph “b” . This provision shall be utilized 35 -11- LSB 6025YC (10) 84 ec/rj 11/ 27
H.F. _____ by the committee only if further time is necessary to study 1 and examine the rule. Notice of an effective date that was 2 delayed under this provision shall be published in the Iowa 3 administrative code and bulletin. 4 Sec. 33. Section 17A.8, subsection 9, Code 2011, is amended 5 to read as follows: 6 9. Upon a vote of two-thirds a majority of its members, the 7 administrative rules review committee may delay the effective 8 date of a rule until the adjournment of the next regular 9 session of the general assembly. The committee shall refer a 10 rule whose effective date has been delayed to the speaker of 11 the house of representatives and the president of the senate 12 who shall refer the rule to the appropriate standing committees 13 of the general assembly. A standing committee shall review 14 a rule within twenty-one days after the rule is referred to 15 the committee by the speaker of the house of representatives 16 or the president of the senate and shall take formal committee 17 action by sponsoring a joint resolution to disapprove the rule, 18 by proposing legislation relating to the rule, or by refusing 19 to propose a joint resolution or legislation concerning the 20 rule. The standing committee shall inform the administrative 21 rules review committee of the committee action taken concerning 22 the rule. If the general assembly has not disapproved of the 23 rule by a joint resolution, the rule shall become effective. 24 The speaker of the house of representatives and the president 25 of the senate shall notify the administrative code editor of 26 the final disposition of each rule delayed pursuant to this 27 subsection . If a rule is disapproved, it shall not become 28 effective and the agency shall rescind the rule. This section 29 shall not apply to rules made effective under section 17A.5, 30 subsection 2 , paragraph “b” . 31 DIVISION X 32 LOCAL GOVERNMENT 33 Sec. 34. Section 39.2, subsection 4, paragraph c, Code 2011, 34 is amended to read as follows: 35 -12- LSB 6025YC (10) 84 ec/rj 12/ 27
H.F. _____ c. For a school district or merged area, in the odd-numbered 1 year, the first Tuesday in February, the first Tuesday in 2 April, the last Tuesday in June, or the second first Tuesday 3 in September after the first Monday in November . For a school 4 district or merged area, in the even-numbered year, the first 5 Tuesday in February, the first Tuesday in April, the second 6 Tuesday in September, or the first Tuesday in December. 7 Sec. 35. Section 260C.12, subsection 1, Code 2011, is 8 amended to read as follows: 9 1. The board of directors of the merged area shall organize 10 at the first regular meeting in October December following the 11 regular school election. Organization of the board shall be 12 effected by the election of a president and other officers from 13 the board membership as board members determine. The board 14 of directors shall appoint a secretary and a treasurer who 15 shall each give bond as prescribed in section 291.2 and who 16 shall each receive the salary determined by the board. The 17 secretary and treasurer shall perform duties under chapter 291 18 and additional duties the board of directors deems necessary. 19 However, the board may appoint one person to serve as the 20 secretary and treasurer. If one person serves as the secretary 21 and treasurer, only one bond is necessary for that person. The 22 frequency of meetings other than organizational meetings shall 23 be as determined by the board of directors but the president 24 or a majority of the members may call a special meeting at any 25 time. 26 Sec. 36. Section 260C.13, subsection 1, Code 2011, is 27 amended to read as follows: 28 1. The board of a merged area may change the number of 29 directors on the board and shall make corresponding changes 30 in the boundaries of director districts. Changes shall be 31 completed not later than June August 1 of the year of the 32 regular school election. As soon as possible after adoption 33 of the boundary changes, notice of changes in the director 34 district boundaries shall be submitted by the merged area to 35 -13- LSB 6025YC (10) 84 ec/rj 13/ 27
H.F. _____ the county commissioner of elections in all counties included 1 in whole or in part in the merged area. 2 Sec. 37. Section 273.8, subsection 2, paragraphs a and b, 3 Code 2011, are amended to read as follows: 4 a. Notice of the election shall be published by the area 5 education agency administrator not later than July September 15 6 of the odd-numbered year in at least one newspaper of general 7 circulation in the director district. The cost of publication 8 shall be paid by the area education agency. 9 b. A candidate for election to the area education agency 10 board shall file a statement of candidacy with the area 11 education agency secretary not later than August October 15 of 12 the odd-numbered year, on forms prescribed by the department 13 of education. The statement of candidacy shall include the 14 candidate’s name, address, and school district. The list of 15 candidates shall be sent by the secretary of the area education 16 agency in ballot form by certified mail to the presidents of 17 the boards of directors of all school districts within the 18 director district not later than September November 1. In 19 order for the ballot to be counted, the ballot must be received 20 in the secretary’s office by the end of the normal business 21 day on September November 30 or be clearly postmarked by an 22 officially authorized postal service not later than September 23 November 29 and received by the secretary not later than noon 24 on the first Monday following September November 30. 25 Sec. 38. Section 273.8, subsection 4, paragraph a, Code 26 2011, is amended to read as follows: 27 a. The board of directors of each area education agency 28 shall meet and organize at the first regular meeting in October 29 December following the regular school election at a suitable 30 place designated by the president. Directors whose terms 31 commence at the organizational meeting shall qualify by taking 32 the oath of office required by section 277.28 at or before the 33 organizational meeting. 34 Sec. 39. Section 273.8, subsection 6, Code 2011, is amended 35 -14- LSB 6025YC (10) 84 ec/rj 14/ 27
H.F. _____ to read as follows: 1 6. Change in directors. The board of an area education 2 agency may change the number of directors on the board and 3 shall make corresponding changes in the boundaries of director 4 districts. Changes shall be completed not later than July 5 September 1 of a fiscal the odd-numbered year for the director 6 district conventions to be held the following September 7 November . 8 Sec. 40. Section 277.1, Code 2011, is amended to read as 9 follows: 10 277.1 Regular election. 11 The regular election shall be held biennially on the second 12 first Tuesday in September after the first Monday in November 13 of each odd-numbered year in each school district for the 14 election of officers of the district and merged area and for 15 the purpose of submitting to the voters any matter authorized 16 by law. 17 Sec. 41. Section 277.20, Code 2011, is amended to read as 18 follows: 19 277.20 Canvassing returns. 20 On the next Friday after After the regular school election, 21 the county board of supervisors shall canvass the returns 22 made to the county commissioner of elections from the several 23 precinct polling places and the absentee ballot counting board, 24 ascertain the result of the voting with regard to every matter 25 voted upon and cause a record to be made thereof , all as 26 required by section 50.24 . Special elections held in school 27 districts shall be canvassed at the time and in the manner 28 required by that section. The board shall declare the results 29 of the voting for members of boards of directors of school 30 corporations nominated pursuant to section 277.4 , and the 31 commissioner shall at once issue a certificate of election to 32 each person declared elected. The board shall also declare the 33 results of the voting on any public question submitted to the 34 voters of a single school district, and the commissioner shall 35 -15- LSB 6025YC (10) 84 ec/rj 15/ 27
H.F. _____ certify the result as required by section 50.27 . 1 The abstracts of the votes cast for members of the board 2 of directors of any merged area, and of the votes cast on any 3 public question submitted to the voters of any merged area, 4 shall be promptly certified by the commissioner to the county 5 commissioner of elections who is responsible under section 47.2 6 for conducting the elections held for that merged area. 7 DIVISION XI 8 ONGOING PROGRAM REVIEW 9 Sec. 42. NEW SECTION . 8.71 Ongoing program review —— repeal 10 dates. 11 1. The general assembly finds that a regular review of 12 the programs and projects administered by state government is 13 necessary to determine whether each program and project is 14 effectively and efficiently meeting the needs for which created 15 and whether the needs remain applicable. The general assembly 16 further finds that a regular, systematic review process can 17 identify the programs and projects that are no longer relevant 18 or functioning at a desirable level and can eliminate or 19 reorganize those programs and projects so that state resources 20 can be used most effectively or diverted to other priorities. 21 2. The state government efficiency review committee 22 established in section 2.69 shall propose legislation for 23 consideration by the Eighty-fifth General Assembly, 2014 24 session, providing a staggered schedule for establishing an 25 automatic repeal date for each program or project administered 26 by a department of state government over the succeeding 27 five-year period. The review committee shall consult with 28 the office of the governor and the department of management 29 in formulating the staggered schedule and the office and 30 department shall cooperate in providing necessary information 31 requested by the committee. The repeal date provisions shall 32 be implemented in a manner so that any program or project that 33 is reauthorized by law is again subject to automatic repeal 34 five years after reauthorization. 35 -16- LSB 6025YC (10) 84 ec/rj 16/ 27
H.F. _____ DIVISION XII 1 IOWA JOBS BOARD 2 Sec. 43. Section 12.87, subsection 12, Code Supplement 3 2011, is amended to read as follows: 4 12. Neither the treasurer of state, the Iowa jobs board 5 finance authority , nor any person acting on behalf of the 6 treasurer of state or the Iowa jobs board finance authority 7 while acting within the scope of their employment or agency, is 8 subject to personal liability resulting from carrying out the 9 powers and duties conferred by this section and sections 12.88 10 through 12.90 . 11 Sec. 44. Section 16.193, subsection 1, Code Supplement 12 2011, is amended to read as follows: 13 1. The Iowa finance authority , subject to approval by the 14 Iowa jobs board, shall adopt administrative rules pursuant to 15 chapter 17A necessary to administer the Iowa jobs program and 16 Iowa jobs II program. The authority shall provide the board 17 with assistance in implementing administrative functions, be 18 responsible for providing technical assistance and application 19 assistance to applicants under the programs, negotiating 20 contracts, and providing project follow up. The authority, in 21 cooperation with the board, may conduct negotiations on behalf 22 of the board with applicants regarding terms and conditions 23 applicable to awards under the program. 24 Sec. 45. Section 16.194, subsection 2, Code 2011, is amended 25 to read as follows: 26 2. A city or county or a public organization in this 27 state may submit an application to the Iowa jobs board 28 authority for financial assistance for a local infrastructure 29 competitive grant for an eligible project under the program, 30 notwithstanding any limitation on the state’s percentage in 31 funding as contained in section 29C.6, subsection 17 . 32 Sec. 46. Section 16.194, subsection 4, unnumbered paragraph 33 1, Code 2011, is amended to read as follows: 34 The board authority shall consider the following criteria in 35 -17- LSB 6025YC (10) 84 ec/rj 17/ 27
H.F. _____ evaluating eligible projects to receive financial assistance 1 under the program: 2 Sec. 47. Section 16.194, subsection 7, Code 2011, is amended 3 to read as follows: 4 7. In order for a project to be eligible to receive 5 financial assistance from the board authority , the project 6 must be a public construction project pursuant to subsection 1 7 with a demonstrated substantial local, regional, or statewide 8 economic impact. 9 Sec. 48. Section 16.194, subsection 8, unnumbered paragraph 10 1, Code 2011, is amended to read as follows: 11 The board authority shall not approve an application for 12 assistance for any of the following purposes: 13 Sec. 49. Section 16.194, subsection 9, paragraph b, Code 14 2011, is amended to read as follows: 15 b. Any portion of an amount allocated for projects 16 that remains unexpended or unencumbered one year after the 17 allocation has been made may be reallocated to another project 18 category, at the discretion of the board authority . The board 19 authority shall ensure that all bond proceeds be expended 20 within three years from when the allocation was initially made. 21 Sec. 50. Section 16.194, subsection 10, Code 2011, is 22 amended to read as follows: 23 10. The board authority shall ensure that funds obligated 24 under this section are coordinated with other federal program 25 funds received by the state, and that projects receiving funds 26 are located in geographically diverse areas of the state. 27 Sec. 51. Section 16.194A, subsections 2, 7, 9, and 10, Code 28 2011, are amended to read as follows: 29 2. A city or county in this state that applies the smart 30 planning principles and guidelines pursuant to sections 18B.1 31 and 18B.2 may submit an application to the Iowa jobs board 32 authority for financial assistance for a local infrastructure 33 competitive grant for an eligible project under the program, 34 notwithstanding any limitation on the state’s percentage in 35 -18- LSB 6025YC (10) 84 ec/rj 18/ 27
H.F. _____ funding as contained in section 29C.6, subsection 17 . 1 7. In order for a project to be eligible to receive 2 financial assistance from the board authority , the project 3 must be a public construction project pursuant to subsection 1 4 with a demonstrated substantial local, regional, or statewide 5 economic impact. 6 9. Any portion of an amount allocated for projects 7 that remains unexpended or unencumbered one year after the 8 allocation has been made may be reallocated to another project 9 category, at the discretion of the board authority . The board 10 authority shall ensure that all bond proceeds be expended 11 within three years from when the allocation was initially made. 12 10. The board authority shall ensure that funds obligated 13 under this section are coordinated with other federal program 14 funds received by the state, and that projects receiving funds 15 are located in geographically diverse areas of the state. 16 Sec. 52. Section 16.194A, subsection 4, unnumbered 17 paragraph 1, Code 2011, is amended to read as follows: 18 The board authority shall consider the following criteria in 19 evaluating eligible projects to receive financial assistance 20 under the program: 21 Sec. 53. Section 16.194A, subsection 8, unnumbered 22 paragraph 1, Code 2011, is amended to read as follows: 23 The board authority shall not approve an application for 24 assistance for any of the following purposes: 25 Sec. 54. Section 16.195, Code Supplement 2011, is amended 26 to read as follows: 27 16.195 Iowa jobs program application review. 28 1. Applications for assistance under the Iowa jobs program 29 and Iowa jobs II program shall be submitted to the Iowa finance 30 authority for review and approval . The authority shall provide 31 a staff review and evaluation of applications to the Iowa jobs 32 program review committee referred to in subsection 2 and to the 33 Iowa jobs board. 34 2. A review committee composed of members of the board 35 -19- LSB 6025YC (10) 84 ec/rj 19/ 27
H.F. _____ as determined by the board shall review Iowa jobs program 1 applications submitted to the board and make recommendations 2 regarding the applications to the board. When reviewing the 3 applications, the review committee and the authority shall 4 consider the project criteria specified in sections 16.194 and 5 16.194A . The board authority shall develop the appropriate 6 level of transparency regarding project fund allocations. 7 3. Upon approval of an application for financial assistance 8 under the program, the board authority shall notify the 9 treasurer of state regarding the amount of moneys needed to 10 satisfy the award of financial assistance and the terms of the 11 award. The treasurer of state shall notify the Iowa finance 12 authority any time moneys are disbursed to a recipient of 13 financial assistance under the program. 14 Sec. 55. Section 16.197, Code 2011, is amended to read as 15 follows: 16 16.197 Limitation of liability. 17 A member of the Iowa jobs board, a person acting on behalf of 18 the board while acting within the scope of their employment or 19 agency, The authority or the treasurer of state, shall not be 20 subject to personal liability resulting from carrying out the 21 powers and duties of the board authority or the treasurer, as 22 applicable, in sections 16.192 16.193 through 16.196 16.195 . 23 Sec. 56. IOWA JOBS BOARD —— TRANSITION PROVISIONS —— 24 LIMITATION OF LIABILITY. 25 1. Any contract or agreement issued or entered into by the 26 Iowa jobs board relating to the provisions of this division 27 of this Act, in effect on the effective date of this division 28 of this Act, shall continue in full force and effect and 29 any responsibility of the board relative to the contracts or 30 agreements as provided in those contracts or agreements shall 31 be transferred to the Iowa finance authority. 32 2. A member of the Iowa jobs board or a person acting on 33 behalf of the board while acting within the scope of that 34 person’s employment or agency shall not be subject to personal 35 -20- LSB 6025YC (10) 84 ec/rj 20/ 27
H.F. _____ liability resulting from carrying out the powers and duties 1 of the board prior to the effective date of this division of 2 this Act, as applicable, in sections 12.87 through 12.90 and in 3 sections 16.192 through 16.196, Code 2011. 4 Sec. 57. REPEAL. Sections 16.191, 16.192, and 16.196, Code 5 and Code Supplement 2011, are repealed. 6 DIVISION XIII 7 BOARDS AND COMMISSIONS 8 Sec. 58. Section 190A.3, subsection 4, Code 2011, is amended 9 to read as follows: 10 4. The farm-to-school council department of agriculture and 11 land stewardship and the department of education shall actively 12 seek financial or in-kind contributions from organizations or 13 persons to support the program. 14 Sec. 59. Section 216.3, Code 2011, is amended by striking 15 the section and inserting in lieu thereof the following: 16 216.3 Civil rights commission —— director. 17 1. The human rights board, established in section 216A.3, 18 shall serve as the Iowa state civil rights commission. 19 2. The governor shall appoint a director, subject to 20 confirmation by the senate, who shall serve as the executive 21 officer of the commission. 22 Sec. 60. Section 216.4, Code 2011, is amended to read as 23 follows: 24 216.4 Compensation and expenses —— rules. 25 Commissioners shall be paid a per diem as specified in 26 section 7E.6 and shall be reimbursed for actual and necessary 27 expenses incurred while on official commission business. All 28 per diem and expense moneys paid to commissioners shall be paid 29 from funds appropriated to the commission. The commission 30 shall adopt, amend or rescind rules as necessary for the 31 conduct of its meetings. A quorum shall consist of four 32 commissioners six voting members of the commission . 33 Sec. 61. Section 256.9, subsection 55, paragraph j, Code 34 Supplement 2011, is amended by striking the paragraph. 35 -21- LSB 6025YC (10) 84 ec/rj 21/ 27
H.F. _____ Sec. 62. REPEAL. Section 190A.2, Code 2011, is repealed. 1 DIVISION XIV 2 OBSOLETE PROVISIONS 3 Sec. 63. Section 84A.5, subsection 7, paragraphs a and c, 4 Code Supplement 2011, are amended by striking the paragraphs. 5 Sec. 64. Section 97B.1A, subsection 8, paragraph b, 6 subparagraph (8), Code Supplement 2011, is amended by striking 7 the subparagraph. 8 Sec. 65. REPEAL. Sections 84A.7, 84A.9, and 84A.10, Code 9 2011, are repealed. 10 Sec. 66. REPEAL. Section 15.112, Code Supplement 2011, is 11 repealed. 12 Sec. 67. REPEAL. Chapters 15C, 15D, and 28K, Code 2011, 13 are repealed. 14 EXPLANATION 15 This bill relates to government efficiency, including other 16 matters related to the operation of state and local government. 17 DIVISION I —— GOVERNMENT INFORMATION TECHNOLOGY SERVICES. 18 This division amends Code section 8A.205, concerning digital 19 government, to encourage state agencies to utilize duplex 20 printing. This division of the bill also directs the 21 department of administrative services (DAS) to establish a 22 schedule for departments to comply with information technology 23 coordination and management requirements of Code chapter 24 8A. In addition, DAS is encouraged to procure information 25 technology for participating agencies through leasing. 26 DIVISION II —— PERSONNEL AND BENEFITS. This division enacts 27 new Code section 8A.440 to provide that collective bargaining 28 agreements negotiated after the effective date of this section 29 of the bill shall include provisions requiring state employees 30 whose spouse is also a state employee enroll in a family group 31 health insurance plan for both employees. The bill provides 32 that this new Code section takes effect upon enactment. 33 This division also directs those state entities negotiating 34 collective bargaining agreements to enter into discussions 35 -22- LSB 6025YC (10) 84 ec/rj 22/ 27
H.F. _____ with employee organizations representing state employees to 1 renegotiate provisions in the agreement to provide that state 2 employees whose spouse is also a state employee enroll in a 3 family group health insurance plan for both employees. If the 4 agreements are renegotiated, the changed provisions shall also 5 apply to state employees who are not covered by a collective 6 bargaining agreement. In addition, this division of the bill 7 applies the same family group health insurance requirement to a 8 state legislator and legislative staff. These provisions of 9 the bill take effect upon enactment. 10 This division of the bill also excludes employees of the 11 secretary of state who hold positions that are classified 12 in the information technology series from Code chapter 20, 13 relating to public employee collective bargaining. 14 This division of the bill also amends Code section 15 97B.1A(26), concerning the definition of wages for purposes 16 of the Iowa public employees’ retirement system (IPERS) for 17 members of the general assembly. The division provides that 18 per diem payments to members of the general assembly and daily 19 allowance paid to members of the general assembly are not 20 considered wages for purposes of IPERS. 21 This division also requires DAS to conduct a study to 22 consider the feasibility of entering into a contract with a 23 private entity to provide human resources services currently 24 provided by DAS to state employees. DAS is required to submit 25 a report to the general assembly relative to the study by 26 January 1, 2013. 27 DIVISION III —— MEDICATION THERAPY MANAGEMENT. This 28 division of the bill relates to medication therapy management. 29 The bill codifies the pilot program for medication therapy 30 management implemented on July 1, 2010, for eligible state 31 employees, making the program an ongoing program and directing 32 DAS to utilize a request for proposals process and to enter 33 into a contract to continue the program. This division of the 34 bill takes effect upon enactment. 35 -23- LSB 6025YC (10) 84 ec/rj 23/ 27
H.F. _____ DIVISION IV —— STATE PHYSICAL RESOURCES. This division 1 of the bill requires that DAS conduct an analysis of state 2 employee workstations and office standards by September 30, 3 2012. The division further requires the department to submit 4 findings and recommendations to the capitol planning commission 5 and the legislative government oversight committees by October 6 30, 2012. 7 This division of the bill also requires the department of 8 natural resources to identify and sell real property prior to 9 and during FY 2012-2013 in sufficient acreage to generate at 10 least $20 million for deposit in the Iowa resources enhancement 11 and protection fund. 12 This division takes effect upon enactment. 13 DIVISION V —— FILM PROJECT AND TAX CREDIT PROGRAM. This 14 division of the bill repeals the film, television, and video 15 project promotion program within the economic development 16 authority. The bill also repeals the various tax credits and 17 tax exclusions provided under the program. The repeal takes 18 effect immediately upon enactment and applies retroactively 19 to January 1, 2012, for tax years beginning on or after that 20 date. The division does not impact existing contracts or 21 agreements entered into on or before the effective date of this 22 division of the bill. The division makes changes corresponding 23 to the repeal of the program and the related tax credits and 24 exclusions. 25 DIVISION VI —— HUMAN SERVICES —— FOOD ASSISTANCE PROGRAM. 26 This division of the bill requires the department of human 27 services to request authorization from the United States 28 department of agriculture to allow the state to restrict the 29 use of food assistance benefits for food items with a low 30 nutritional value. The state administers the food assistance 31 benefits, formerly known as food stamps, under the federal 32 supplemental nutritional assistance program (SNAP). 33 The department is directed to submit the request within 34 60 days of the bill division’s effective date and to report 35 -24- LSB 6025YC (10) 84 ec/rj 24/ 27
H.F. _____ regularly on the status of the request to the members of the 1 joint appropriations subcommittee on health and human services 2 and the legislative services agency. 3 The division takes effect upon enactment. 4 DIVISION VII —— MENTAL HEALTH SERVICES. Code section 5 225C.6, concerning the duties of the mental health and 6 disability services commission, is amended to provide that the 7 commission shall receive and consider any official reports 8 from the governor’s developmental disabilities council and the 9 mental health planning council. 10 Code section 426B.5(2), concerning the risk pool board 11 for mental health, mental retardation, and developmental 12 disabilities services, is amended by eliminating the risk pool 13 board and providing that the mental health and disability 14 services commission serve as the risk pool board. 15 DIVISION VIII —— OPERATIONAL EFFICIENCIES. This division 16 provides that each state department and agency shall not use 17 mail to provide departmental notices and information unless 18 otherwise required by federal law or for the purposes of legal 19 action. The bill provides that departments utilize their 20 internet sites or electronic mail for this purpose. 21 DIVISION IX —— REGULATORY REVIEW. Code chapter 17A, 22 relating to the administrative rules review committee (ARRC), 23 is amended to provide that action by ARRC to object to or to 24 delay a rule may be approved by a majority vote and not by a 25 two-thirds vote. 26 DIVISION X —— LOCAL GOVERNMENT. This division of the bill 27 changes the date of regular school elections for local school 28 districts, merged areas, and area education agencies. The bill 29 moves the date of the regular school election from the second 30 Tuesday in September in odd-numbered years to the first Tuesday 31 after the first Monday in November of odd-numbered years, which 32 is the date of the regular city election. 33 Because area education agency board directors are elected at 34 the director district conventions by members of school boards, 35 -25- LSB 6025YC (10) 84 ec/rj 25/ 27
H.F. _____ the bill also changes the date of their election from September 1 to November in the odd-numbered year. 2 DIVISION XI —— ONGOING PROGRAM REVIEW. This division of 3 the bill addresses regular review of programs and projects 4 administered by executive branch departments by providing for 5 implementation of an organized system of ongoing repeal dates 6 for the programs and projects. Code section 8.2 defines the 7 term “department” to mean any executive department, commission, 8 board, institution, bureau, office, or other agency of the 9 state government, that uses, expends, or receives any state 10 funds. 11 New Code section 8.71 states legislative findings as to the 12 purposes for performing a regular review of state programs and 13 projects. The state government efficiency review committee is 14 directed to propose legislation for the Eighty-fifth General 15 Assembly, 2014 session, providing a staggered schedule for 16 establishing an automatic repeal date for each program or 17 project administered by a department over the succeeding 18 five-year period. The review committee is required to 19 consult with the office of the governor and the department of 20 management in formulating the staggered schedule and the office 21 and the department are required to cooperate in providing 22 information requested by the committee. The repeal date 23 provisions are required to be implemented in a manner so that 24 any program or project that is reauthorized by law is again 25 subject to automatic repeal five years after reauthorization. 26 DIVISION XII —— IOWA JOBS BOARD. This division of this bill 27 eliminates the Iowa jobs board and provides that any duties 28 or responsibilities of the Iowa jobs board shall become the 29 responsibility of the Iowa finance authority. The division of 30 the bill also repeals Code section 16.196, concerning the Iowa 31 jobs restricted capitals fund and associated appropriations. 32 The division also provides transition provisions relative to 33 any contracts or agreements entered into by the Iowa jobs board 34 and provides for a limitation of personal liability for actions 35 -26- LSB 6025YC (10) 84 ec/rj 26/ 27
H.F. _____ by a member or agent of the board taken prior to the effective 1 date of this division of the bill relative to the duties of the 2 board. 3 DIVISION XIII —— BOARDS AND COMMISSIONS. This division 4 of the bill repeals the farm-to-school council and provides 5 that the human rights board serve as the Iowa civil rights 6 commission. 7 DIVISION XIV —— OBSOLETE PROVISIONS. This division of 8 the bill removes obsolete language from the Code relating 9 to programs administered by the department of workforce 10 development which are no longer active or funded. 11 The programs removed are the Iowa conservation corps, the 12 statewide mentoring program, and the new employment opportunity 13 program. The Iowa conservation corps was established to 14 provide public services jobs for certain specified segments of 15 the population in conservation-related areas. The statewide 16 mentoring program was established to recruit, screen, train, 17 and match individuals in mentoring relationships. The new 18 employment opportunity program was established to assist 19 individuals in underutilized segments of the workforce to gain 20 and retain employment. 21 This division of the bill repeals Code section 15.112, 22 relating to matching funds for a farmworks national 23 demonstration project; Code chapter 15C, relating to a world 24 trade center; Code chapter 15D, relating to the midwest nuclear 25 compact; and Code section 28K, relating to mid-America port 26 agreement. Code chapter 15D contains provisions relating to 27 repeal and withdrawal from the compact. 28 -27- LSB 6025YC (10) 84 ec/rj 27/ 27