Senate Study Bill 1106 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON) A BILL FOR An Act relating to government operations and efficiency and 1 other related matters and including effective date and 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1864XC (4) 85 ec/rj
S.F. _____ DIVISION I 1 GOVERNMENT INFORMATION TECHNOLOGY SERVICES 2 Section 1. Section 8A.205, subsection 2, paragraph g, Code 3 2013, is amended to read as follows: 4 g. Encourage participating agencies to utilize duplex 5 printing and a print on demand strategy to reduce printing 6 costs, publication overruns, excessive inventory, and obsolete 7 printed materials. 8 Sec. 2. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 9 INFORMATION TECHNOLOGY DEVICE INVENTORY. 10 1. The department of administrative services shall complete 11 an inventory of information technology devices utilized by the 12 department and participating agencies, as defined in section 13 8A.201. The department shall conduct the inventory with the 14 goal of identifying potential information technology device 15 upgrades, changes, or other efficiencies that will meet the 16 information technology needs of the applicable department or 17 agency at reduced cost to the state. 18 2. The department shall submit a report to the general 19 assembly by January 1, 2014, describing the department’s 20 actions as required by this section. The report shall, 21 if applicable, identify any statutory barriers or needed 22 technology investments for pursuing efforts described in this 23 section and shall include in the report its findings and any 24 recommendations for legislative action. 25 Sec. 3. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 26 INFORMATION TECHNOLOGY COORDINATION AND MANAGEMENT. 27 1. The department of administrative services, in accordance 28 with the requirements Code section 8A.202, subsection 2, 29 paragraph “g”, to coordinate and manage information technology 30 services within the department, shall establish a schedule 31 by which all departments subject to the requirements of that 32 Act and chapter 8A shall comply with these requirements. The 33 schedule shall provide for implementation of the requirements 34 to all affected state agencies and departments by December 35 -1- LSB 1864XC (4) 85 ec/rj 1/ 69
S.F. _____ 31, 2014. The department shall submit a copy of the schedule 1 to the general assembly by July 31, 2013, and shall provide 2 periodic updates to the general assembly on the progress of 3 meeting the time deadlines contained in the schedule. 4 2. In procuring information technology as provided in 5 section 8A.207, the department of administrative services 6 should explore strategies of procuring information technology 7 through leasing. 8 DIVISION II 9 MEDICATION THERAPY MANAGEMENT 10 Sec. 4. NEW SECTION . 8A.441 Medication therapy management. 11 1. As used in this section, unless the context otherwise 12 requires: 13 a. “Eligible employee” means an employee of the state, with 14 the exception of an employee of the state board of regents or 15 institutions under the state board of regents, for whom group 16 health plans are established pursuant to chapter 509A providing 17 for third-party payment or prepayment for health or medical 18 expenses. 19 b. “Medication therapy management” means a systematic 20 process performed by a licensed pharmacist, designed to improve 21 quality outcomes for patients and lower health care costs, 22 including emergency room, hospital, provider, and other costs, 23 by optimizing appropriate medication use linked directly to 24 achievement of the clinical goals of therapy. Medication 25 therapy management shall include all of the following services: 26 (1) A medication therapy review and in-person consultation 27 relating to all medications, vitamins, and herbal supplements 28 currently being taken by an eligible individual. 29 (2) A medication action plan, subject to the limitations 30 specified in this section, communicated to the individual and 31 the individual’s primary care physician or other appropriate 32 prescriber to address issues including appropriateness, 33 effectiveness, safety, drug interactions, and adherence. The 34 medication action plan may include drug therapy recommendations 35 -2- LSB 1864XC (4) 85 ec/rj 2/ 69
S.F. _____ to prescribers that are needed to meet clinical goals and 1 achieve optimal patient outcomes. 2 (3) Documentation and follow-up to ensure consistent levels 3 of pharmacy services and positive outcomes. 4 2. a. The department shall utilize a request for proposals 5 process and shall enter into a contract for the provision of 6 medication therapy management services for eligible employees 7 who meet any of the following criteria: 8 (1) An individual who takes four or more prescription drugs 9 to treat or prevent two or more chronic medical conditions. 10 (2) An individual with a prescription drug therapy problem 11 who is identified by the prescribing physician or other 12 appropriate prescriber, and referred to a pharmacist for 13 medication therapy management services. 14 (3) An individual who meets other criteria established by 15 the third-party payment provider contract, policy, or plan. 16 b. The contract shall require the entity to provide annual 17 reports to the general assembly detailing the costs, savings, 18 estimated cost avoidance and return on investment, and improved 19 patient outcomes related to the medication therapy management 20 services provided. The entity shall guarantee demonstrated 21 annual savings for overall health care costs, including 22 emergency room, hospital, provider, and other costs, with 23 savings including associated cost avoidance, at least equal 24 to the program’s costs with any shortfall amount refunded to 25 the state. The contract shall include terms, conditions, 26 and applicable measurement standards associated with the 27 demonstration of savings. The department shall verify the 28 demonstrated savings reported by the entity were achieved in 29 accordance with the agreed upon measurement standards. The 30 entity shall be prohibited from using the entity’s employees to 31 provide the medication therapy management services and shall 32 instead be required to contract with licensed pharmacies, 33 pharmacists, or physicians. 34 c. The department may establish an advisory committee 35 -3- LSB 1864XC (4) 85 ec/rj 3/ 69
S.F. _____ comprised of an equal number of physicians and pharmacists 1 to provide advice and oversight in evaluating the results of 2 the program. The department shall appoint the members of the 3 advisory committee based upon designees of the Iowa pharmacy 4 association, the Iowa medical society, and the Iowa osteopathic 5 medical association. 6 d. The fees for pharmacist-delivered medication therapy 7 management services shall be separate from the reimbursement 8 for prescription drug product or dispensing services; shall 9 be determined by each third-party payment provider contract, 10 policy, or plan; and must be reasonable based on the resources 11 and time required to provide the service. 12 e. A fee shall be established for physician reimbursement 13 for services delivered for medication therapy management as 14 determined by each third-party payment provider contract, 15 policy, or plan, and must be reasonable based on the resources 16 and time required to provide the service. 17 f. If any part of the medication therapy management 18 plan developed by a pharmacist incorporates services which 19 are outside the pharmacist’s independent scope of practice 20 including the initiation of therapy, modification of dosages, 21 therapeutic interchange, or changes in drug therapy, the 22 express authorization of the individual’s physician or other 23 appropriate prescriber is required. 24 Sec. 5. EFFECTIVE UPON ENACTMENT. This division of this 25 Act, being deemed of immediate importance, takes effect upon 26 enactment. 27 DIVISION III 28 STATE PHYSICAL RESOURCES 29 Sec. 6. STATE EMPLOYEE WORK ENVIRONMENT ANALYSIS 30 AND REPORT. By September 30, 2013, the department of 31 administrative services shall conduct a high level needs 32 analysis of state employee work stations and office standards, 33 assessing adequate square footage needs, and creating healthy, 34 productive, and efficient work environments in an economical 35 -4- LSB 1864XC (4) 85 ec/rj 4/ 69
S.F. _____ manner. Overall objectives of the analysis shall include 1 improving employee density; properly allocating space for 2 individual and group work; improving worker health and 3 safety; improving technology integration; and improving energy 4 efficiency and sustainability in state offices. The department 5 shall submit findings and recommendations to the capitol 6 planning commission and to the legislative fiscal committee by 7 October 30, 2013. 8 DIVISION IV 9 AUDITS 10 Sec. 7. Section 11.6, subsection 10, Code 2013, is amended 11 to read as follows: 12 10. The auditor of state shall adopt rules in accordance 13 with chapter 17A to establish and collect a filing fee for 14 the filing of each report of audit or examination conducted 15 pursuant to subsections 1 through 3 subsection 1, paragraphs “a” 16 and “c” , subsection 2, and subsection 3 . The funds collected 17 shall be maintained in a segregated account for use by the 18 office of the auditor of state in performing audits conducted 19 pursuant to subsection 4 and for work paper reviews conducted 20 pursuant to subsection 5 . Any funds collected by the auditor 21 pursuant to subsection 4 shall be deposited in this account. 22 Notwithstanding section 8.33 , the funds in this account shall 23 not revert at the end of any fiscal year. 24 Sec. 8. Section 182.18, subsection 1, Code 2013, is amended 25 to read as follows: 26 1. Moneys collected under this chapter are subject to audit 27 by the auditor of state and shall be used by the Iowa sheep and 28 wool promotion board first for the payment of collection and 29 refund expenses, second for payment of the costs and expenses 30 arising in connection with conducting referendums, and third 31 for the purposes identified in section 182.11 , and fourth for 32 the cost of audits for the auditor of state . Moneys of the 33 board remaining after a referendum is held at which a majority 34 of the voters favor termination of the board and the assessment 35 -5- LSB 1864XC (4) 85 ec/rj 5/ 69
S.F. _____ shall continue to be expended in accordance with this chapter 1 until exhausted. The auditor of state may seek reimbursement 2 for the cost of the audit. 3 Sec. 9. Section 184.14, subsection 2, Code 2013, is amended 4 to read as follows: 5 2. Moneys collected, deposited in the fund, and transferred 6 to the council as provided in this chapter are subject to 7 audit by the auditor of state. The auditor of state may 8 seek reimbursement for the cost of the audit. The moneys 9 transferred to the council shall be used by the council first 10 for the payment of collection expenses, second for payment of 11 the costs and expenses arising in connection with conducting 12 referendums, and third to perform the functions and carry out 13 the duties of the council as provided in this chapter , and 14 fourth for the cost of audits by the auditor of state . Moneys 15 remaining after the council is abolished and the imposition of 16 an assessment is terminated pursuant to a referendum conducted 17 pursuant to section 184.5 shall continue to be expended in 18 accordance with this chapter until exhausted. 19 Sec. 10. Section 184A.6, subsection 2, Code 2013, is amended 20 to read as follows: 21 2. The council shall expend moneys from the account first 22 for the payment of expenses for the collection of assessments, 23 second and then for the payment of expenses related to 24 conducting a referendum as provided in section 184A.12 , 25 and third for the cost of audits by the auditor of state as 26 required in section 184A.9 . The council shall expend remaining 27 moneys for market development, producer education, and the 28 payment of refunds to producers as provided in this chapter . 29 Sec. 11. Section 184A.9, Code 2013, is amended to read as 30 follows: 31 184A.9 Audit. 32 Moneys required to be deposited in the turkey council 33 account as provided in section 184A.4 shall be subject to 34 audit by the auditor of state. The auditor of state may seek 35 -6- LSB 1864XC (4) 85 ec/rj 6/ 69
S.F. _____ reimbursement for the cost of the audit from moneys deposited 1 in the turkey council account. 2 Sec. 12. Section 185C.26, Code 2013, is amended to read as 3 follows: 4 185C.26 Deposit of moneys —— corn promotion fund. 5 A state assessment collected by the board from a sale of corn 6 shall be deposited in the office of the treasurer of state in 7 a special fund known as the corn promotion fund. The fund may 8 include any gifts, rents, royalties, interest, license fees, 9 or a federal or state grant received by the board. Moneys 10 collected, deposited in the fund, and transferred to the board 11 as provided in this chapter shall be subject to audit by the 12 auditor of state. The auditor of state may seek reimbursement 13 for the cost of the audit from moneys deposited in the fund as 14 provided in this chapter . The department of administrative 15 services shall transfer moneys from the fund to the board 16 for deposit into an account established by the board in a 17 qualified financial institution. The department shall transfer 18 the moneys as provided in a resolution adopted by the board. 19 However, the department is only required to transfer moneys 20 once during each day and only during hours when the offices of 21 the state are open. From moneys collected, the board shall 22 first pay all the direct and indirect costs incurred by the 23 secretary and the costs of referendums, elections, and other 24 expenses incurred in the administration of this chapter , before 25 moneys may be expended for the purpose of carrying out the 26 purposes of this chapter as provided in section 185C.11 . 27 Sec. 13. EFFECTIVE UPON ENACTMENT. This division of this 28 Act, being deemed of immediate importance, takes effect upon 29 enactment. 30 DIVISION V 31 HOMELAND SECURITY AND EMERGENCY MANAGEMENT ORGANIZATION 32 Sec. 14. Section 7E.5, subsection 1, paragraph p, Code 2013, 33 is amended to read as follows: 34 p. The department of public defense, created in section 35 -7- LSB 1864XC (4) 85 ec/rj 7/ 69
S.F. _____ 29.1 , which has primary responsibility for state military 1 forces and emergency management . 2 Sec. 15. Section 7E.5, subsection 1, Code 2013, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . w. The department of homeland security 5 and emergency management, created in section 29C.5, which has 6 primary responsibility for the administration of emergency 7 planning matters, including emergency resource planning in 8 this state, homeland security activities, and coordination of 9 available services and resources in the event of a disaster to 10 include those services and resources of the federal government 11 and private entities. 12 Sec. 16. Section 8A.202, subsection 5, paragraph e, Code 13 2013, is amended to read as follows: 14 e. (1) The department of public defense , including both 15 the military division and the homeland security and emergency 16 management division, shall not be required to obtain any 17 information technology services pursuant to this subchapter 18 for the department of public defense or its divisions that is 19 provided by the department pursuant to this chapter without the 20 consent of the adjutant general. 21 (2) The department of homeland security and emergency 22 management shall not be required to obtain any information 23 technology services pursuant to this subchapter for the 24 department of homeland security and emergency management that 25 is provided by the department pursuant to this chapter without 26 the consent of the director of the department of homeland 27 security and emergency management. 28 Sec. 17. Section 8D.2, subsection 5, paragraph b, Code 2013, 29 is amended to read as follows: 30 b. For the purposes of this chapter , “public agency” also 31 includes any homeland security or defense facility or disaster 32 response agency established by the administrator director of 33 the department of homeland security and emergency management 34 division of the department of public defense or the governor 35 -8- LSB 1864XC (4) 85 ec/rj 8/ 69
S.F. _____ or any facility connected with a security or defense system or 1 disaster response as required by the administrator director of 2 the department of homeland security and emergency management 3 division of the department of public defense or the governor. 4 Sec. 18. Section 8D.9, subsection 3, Code 2013, is amended 5 to read as follows: 6 3. A facility that is considered a public agency pursuant 7 to section 8D.2, subsection 5 , paragraph “b” , shall be 8 authorized to access the Iowa communications network strictly 9 for homeland security communication purposes and disaster 10 communication purposes. Any utilization of the network that 11 is not related to communications concerning homeland security 12 or a disaster, as defined in section 29C.2 , is expressly 13 prohibited. Access under this subsection shall be available 14 only if a state of disaster emergency is proclaimed by the 15 governor pursuant to section 29C.6 or a homeland security 16 or disaster event occurs requiring connection of disparate 17 communications systems between public agencies to provide 18 for a multiagency or multijurisdictional response. Access 19 shall continue only for the period of time the homeland 20 security or disaster event exists. For purposes of this 21 subsection , disaster communication purposes includes training 22 and exercising for a disaster if public notice of the training 23 and exercising session is posted on the website internet site 24 of the department of homeland security and emergency management 25 division of the department of public defense . A scheduled and 26 noticed training and exercising session shall not exceed five 27 days. Interpretation and application of the provisions of this 28 subsection shall be strictly construed. 29 Sec. 19. Section 16.191, subsection 2, paragraph e, Code 30 2013, is amended to read as follows: 31 e. The administrator director of the department of homeland 32 security and emergency management division of the department of 33 public defense or the administrator’s director’s designee. 34 Sec. 20. Section 22.7, subsection 45, Code 2013, is amended 35 -9- LSB 1864XC (4) 85 ec/rj 9/ 69
S.F. _____ to read as follows: 1 45. The critical asset protection plan or any part of the 2 plan prepared pursuant to section 29C.8 and any information 3 held by the department of homeland security and emergency 4 management division that was supplied to the division 5 department by a public or private agency or organization and 6 used in the development of the critical asset protection plan 7 to include, but not be limited to, surveys, lists, maps, or 8 photographs. However, the administrator director shall make 9 the list of assets available for examination by any person. 10 A person wishing to examine the list of assets shall make 11 a written request to the administrator director on a form 12 approved by the administrator director . The list of assets may 13 be viewed at the division’s department’s offices during normal 14 working hours. The list of assets shall not be copied in any 15 manner. Communications and asset information not required by 16 law, rule, or procedure that are provided to the administrator 17 director by persons outside of government and for which the 18 administrator director has signed a nondisclosure agreement are 19 exempt from public disclosures. The department of homeland 20 security and emergency management division may provide all or 21 part of the critical asset plan to federal, state, or local 22 governmental agencies which have emergency planning or response 23 functions if the administrator director is satisfied that 24 the need to know and intended use are reasonable. An agency 25 receiving critical asset protection plan information from the 26 division department shall not redisseminate the information 27 without prior approval of the administrator director . 28 Sec. 21. Section 23A.2, subsection 10, paragraph m, Code 29 2013, is amended to read as follows: 30 m. The repair, calibration, or maintenance of radiological 31 detection equipment by the department of homeland security 32 and emergency management division of the department of public 33 defense . 34 Sec. 22. Section 29.1, Code 2013, is amended to read as 35 -10- LSB 1864XC (4) 85 ec/rj 10/ 69
S.F. _____ follows: 1 29.1 Department of public defense. 2 The department of public defense is composed of the military 3 division and the homeland security and emergency management 4 division office of the adjutant general and the military forces 5 of the state of Iowa . The adjutant general is the director of 6 the department of public defense and the budget and personnel 7 of all of the divisions are subject to the approval of the 8 adjutant general shall perform all functions, responsibilities, 9 powers, and duties over the military forces of the state of 10 Iowa as provided in the laws of the state . The Iowa emergency 11 response commission established by section 30.2 is attached to 12 the department of public defense for organizational purposes. 13 Sec. 23. Section 29.2A, Code 2013, is amended to read as 14 follows: 15 29.2A Airport fire fighters —— maximum age. 16 The maximum age for a person to be employed as an airport 17 fire fighter by the military division of the department of 18 public defense is sixty-five years of age. 19 Sec. 24. Section 29A.3A, subsection 4, paragraph a, Code 20 2013, is amended to read as follows: 21 a. Operations and administration of the civil air patrol 22 relating to missions not qualifying for federal mission status 23 shall be funded by the state from moneys appropriated to the 24 department of homeland security and emergency management 25 division of the department of public defense for that purpose. 26 Sec. 25. Section 29A.12, subsection 1, Code 2013, is amended 27 to read as follows: 28 1. The adjutant general shall have command and control of 29 the military division department of public defense , and perform 30 such duties as pertain to the office of the adjutant general 31 under law and regulations, pursuant to the authority vested in 32 the adjutant general by the governor. The adjutant general 33 shall superintend the preparation of all letters and reports 34 required by the United States from the state, and perform all 35 -11- LSB 1864XC (4) 85 ec/rj 11/ 69
S.F. _____ the duties prescribed by law. The adjutant general shall 1 have charge of the state military reservations, and all other 2 property of the state kept or used for military purposes. The 3 adjutant general may accept and expend nonappropriated funds 4 in accordance with law and regulations. The adjutant general 5 shall cause an inventory to be taken at least once each year 6 of all military stores, property, and funds under the adjutant 7 general’s jurisdiction. In each year preceding a regular 8 session of the general assembly, the adjutant general shall 9 prepare a detailed report of the transactions of that office, 10 its expenses, and other matters required by the governor for 11 the period since the last preceding report, and the governor 12 may at any time require a similar report. 13 Sec. 26. Section 29A.56, Code 2013, is amended to read as 14 follows: 15 29A.56 Special police. 16 The adjutant general may by order entered of record 17 commission one or more of the employees of the military 18 division department of public defense as special police. Such 19 special police shall on the premises of any state military 20 reservation or other state military property have and exercise 21 the powers of regular peace officers. 22 Sec. 27. Section 29C.1, subsection 1, Code 2013, is amended 23 to read as follows: 24 1. To establish a department of homeland security 25 and emergency management division of the department of 26 public defense and to authorize the establishment of local 27 organizations for emergency management in the political 28 subdivisions of the state. 29 Sec. 28. Section 29C.2, Code 2013, is amended by adding the 30 following new subsections: 31 NEW SUBSECTION . 1A. “Department” means the department of 32 homeland security and emergency management. 33 NEW SUBSECTION . 1B. “Director” means the director of the 34 department of homeland security and emergency management. 35 -12- LSB 1864XC (4) 85 ec/rj 12/ 69
S.F. _____ Sec. 29. Section 29C.5, Code 2013, is amended to read as 1 follows: 2 29C.5 Homeland Department of homeland security and emergency 3 management division . 4 A The department of homeland security and emergency 5 management division is created within the department of public 6 defense . The department of homeland security and emergency 7 management division shall be responsible for the administration 8 of emergency planning matters, including emergency resource 9 planning in this state, cooperation with, support of, funding 10 for, and tasking of the civil air patrol for missions not 11 qualifying for federal mission status as described in section 12 29A.3A in accordance with operational and funding criteria 13 developed with the adjutant general and coordinated with 14 the civil air patrol, homeland security activities, and 15 coordination of available services and resources in the event 16 of a disaster to include those services and resources of the 17 federal government and private entities . The Iowa emergency 18 response commission established by section 30.2 is attached to 19 the department of homeland security and emergency management 20 for organizational purposes. 21 Sec. 30. Section 29C.8, Code 2013, is amended to read as 22 follows: 23 29C.8 Powers and duties of administrator director . 24 1. The department of homeland security and emergency 25 management division shall be under the management of an 26 administrator a director appointed by the governor. 27 2. The administrator director shall be vested with the 28 authority to administer emergency management and homeland 29 security affairs in this state and shall be responsible for 30 preparing and executing the emergency management and homeland 31 security programs of this state subject to the direction of the 32 adjutant general governor . In the event of a disaster beyond 33 local control, the director may assume direct operational 34 control over all or any part of the emergency management 35 -13- LSB 1864XC (4) 85 ec/rj 13/ 69
S.F. _____ functions within this state. 1 3. The administrator director , upon the direction of 2 the governor and supervisory control of the director of the 3 department of public defense , shall: 4 a. Prepare a comprehensive emergency plan and emergency 5 management program for homeland security, disaster 6 preparedness, response, recovery, mitigation, emergency 7 operation, and emergency resource management of this state. 8 The plan and program shall be integrated into and coordinated 9 with the homeland security and emergency plans of the federal 10 government and of other states to the fullest possible extent 11 and . The director shall also coordinate the preparation of 12 plans and programs for emergency management of the political 13 subdivisions and various state departments of this state. 14 The plans shall be integrated into and coordinated with a 15 comprehensive state homeland security and emergency program for 16 this state as coordinated by the administrator of the homeland 17 security and emergency management division director to the 18 fullest possible extent. 19 b. Make such studies and surveys of the industries, 20 resources, and facilities in this state as may be necessary to 21 ascertain the vulnerabilities of critical state infrastructure 22 and assets to attack and the capabilities of the state for 23 disaster recovery, disaster planning and operations, and 24 emergency resource management, and to plan for the most 25 efficient emergency use thereof. 26 c. Provide technical assistance to any commission requiring 27 the assistance in the development of an emergency management 28 or homeland security program. 29 d. Implement planning and training for emergency response 30 teams as mandated by the federal government under the 31 Comprehensive Environmental Response, Compensation, and 32 Liability Act of 1980 as amended by the Superfund Amendments 33 and Reauthorization Act of 1986, 42 U.S.C. § 9601 et seq. 34 e. Prepare a critical asset protection plan that contains 35 -14- LSB 1864XC (4) 85 ec/rj 14/ 69
S.F. _____ an inventory of infrastructure, facilities, systems, other 1 critical assets, and symbolic landmarks; an assessment of the 2 criticality, vulnerability, and level of threat to the assets; 3 and information pertaining to the mobilization, deployment, and 4 tactical operations involved in responding to or protecting the 5 assets. 6 f. Approve and support the development and ongoing 7 operations of homeland security and emergency response teams to 8 be deployed as a resource to supplement and enhance disrupted 9 or overburdened local emergency and disaster operations and 10 deployed as available to provide assistance to other states 11 pursuant to the interstate emergency management assistance 12 compact described in section 29C.21 . The following shall apply 13 to homeland security and emergency response teams: 14 (1) A member of a homeland security and emergency response 15 team acting under this section upon the directive of the 16 administrator director or pursuant to a governor’s disaster 17 proclamation as provided in section 29C.6 shall be considered 18 an employee of the state for purposes of section 29C.21 and 19 chapter 669 and shall be afforded protection as an employee 20 of the state under section 669.21 . Disability, workers’ 21 compensation, and death benefits for team members working 22 under the authority of the administrator director or pursuant 23 to the provisions of section 29C.6 shall be paid by the 24 state in a manner consistent with the provisions of chapter 25 85 , 410 , or 411 as appropriate, depending on the status of 26 the member, provided that the member is registered with the 27 homeland security and emergency management division department 28 as a member of an approved team and is participating as a 29 team member in a response or recovery operation initiated 30 by the administrator director or governor pursuant to this 31 section or in a training or exercise activity approved by the 32 administrator director . 33 (2) Each approved homeland security and emergency 34 management response team shall establish standards for 35 -15- LSB 1864XC (4) 85 ec/rj 15/ 69
S.F. _____ team membership, shall provide the division department with 1 a listing of all team members, and shall update the list 2 each time a member is removed from or added to the team. 3 Individuals so identified as team members shall be considered 4 to be registered as team members for purposes of subparagraph 5 (1). 6 (3) Upon notification of a compensable loss to a member of 7 a homeland security and emergency management response team, the 8 department of administrative services shall process the claim 9 and seek authorization from the executive council to pay as an 10 expense paid from the appropriations addressed in section 7D.29 11 those costs associated with covered benefits. 12 g. Implement and support the national incident management 13 system as established by the United States department of 14 homeland security to be used by state agencies and local and 15 tribal governments to facilitate efficient and effective 16 assistance to those affected by emergencies and disasters. 17 h. Carry out duties related to the flood mitigation program 18 and the flood mitigation board under chapter 418 . 19 4. The administrator director , with the approval of the 20 governor and upon recommendation of the adjutant general , may 21 employ a deputy administrator director and such technical, 22 clerical, stenographic, and other personnel and make such 23 expenditures within the appropriation or from other funds made 24 available to the department of public defense for purposes of 25 emergency management , as may be necessary to administer this 26 chapter . 27 5. The homeland security and emergency management division 28 department may charge fees for the repair, calibration, or 29 maintenance of radiological detection equipment and may expend 30 funds in addition to funds budgeted for the servicing of the 31 radiological detection equipment. The division department 32 shall adopt rules pursuant to chapter 17A providing for the 33 establishment and collection of fees for radiological detection 34 equipment repair, calibration, or maintenance services and 35 -16- LSB 1864XC (4) 85 ec/rj 16/ 69
S.F. _____ for entering into agreements with other public and private 1 entities to provide the services. Fees collected for repair, 2 calibration, or maintenance services shall be treated as 3 repayment receipts as defined in section 8.2 and shall be used 4 for the operation of the division’s department’s radiological 5 maintenance facility or radiation incident response training. 6 Sec. 31. Section 29C.8A, subsection 2, Code 2013, is amended 7 to read as follows: 8 2. The emergency response fund shall be administered by the 9 homeland security and emergency management division department 10 to carry out planning and training for the emergency response 11 teams. 12 Sec. 32. Section 29C.9, subsections 1, 5, 7, 8, and 10, Code 13 2013, are amended to read as follows: 14 1. The county boards of supervisors, city councils, and 15 the sheriff in each county shall cooperate with the homeland 16 security and emergency management division of the department of 17 public defense department to establish a commission to carry 18 out the provisions of this chapter . 19 5. The commission shall model its bylaws and conduct its 20 business according to the guidelines provided in the state 21 division’s department’s administrative rules. 22 7. The commission shall delegate to the emergency 23 management coordinator the authority to fulfill the 24 commission duties as described in the division’s department’s 25 administrative rules. Each commission shall appoint a 26 local emergency management coordinator who shall meet the 27 qualifications specified in the administrative rules by the 28 administrator of the homeland security and emergency management 29 division director . Additional emergency management personnel 30 may be appointed at the discretion of the commission. 31 8. The commission shall develop, adopt, and submit 32 for approval by local governments within the commission’s 33 jurisdiction, a comprehensive emergency plan which meets 34 standards adopted by the division department in accordance 35 -17- LSB 1864XC (4) 85 ec/rj 17/ 69
S.F. _____ with chapter 17A . If an approved comprehensive emergency 1 plan has not been prepared according to established standards 2 and the administrator of the homeland security and emergency 3 management division director finds that satisfactory progress 4 is not being made toward the completion of the plan, or if 5 the administrator director finds that a commission has failed 6 to appoint a qualified emergency management coordinator as 7 provided in this chapter , the administrator director shall 8 notify the governing bodies of the counties and cities affected 9 by the failure and the governing bodies shall not appropriate 10 any moneys to the local emergency management fund until the 11 comprehensive emergency plan is prepared and approved or a 12 qualified emergency management coordinator is appointed. 13 If the administrator director finds that a commission has 14 appointed an unqualified emergency management coordinator, 15 the administrator director shall notify the commission citing 16 the qualifications which are not met and the commission shall 17 not approve the payment of the salary or expenses of the 18 unqualified emergency management coordinator. 19 10. Two or more commissions may, upon review by the 20 state administrator director and with the approval of their 21 respective boards of supervisors and cities, enter into 22 agreements pursuant to chapter 28E for the joint coordination 23 and administration of emergency management services throughout 24 the multicounty area. 25 Sec. 33. Section 29C.11, subsection 1, Code 2013, is amended 26 to read as follows: 27 1. The local emergency management commission shall, in 28 collaboration with other public and private agencies within 29 this state, develop mutual aid arrangements for reciprocal 30 disaster services and recovery aid and assistance in case 31 of disaster too great to be dealt with unassisted. The 32 arrangements shall be consistent with the homeland security and 33 emergency management division department plan and program, and 34 in time of emergency each local emergency management agency 35 -18- LSB 1864XC (4) 85 ec/rj 18/ 69
S.F. _____ shall render assistance in accordance with the provisions of 1 the mutual aid arrangements. 2 Sec. 34. Section 29C.12, Code 2013, is amended to read as 3 follows: 4 29C.12 Use of existing facilities. 5 In carrying out the provisions of this chapter , the 6 governor , and the director of the department of public defense , 7 and the executive officers or governing boards of political 8 subdivisions of the state shall utilize, to the maximum extent 9 practicable, the services, equipment, supplies , and facilities 10 of existing departments, officers, and agencies of the state 11 and of political subdivisions at their respective levels of 12 responsibility. 13 Sec. 35. Section 29C.12A, Code 2013, is amended to read as 14 follows: 15 29C.12A Participation in funding disaster recovery facility. 16 All state government departments and agencies may 17 participate in sharing the cost of the design, construction, 18 and operation of a disaster recovery facility located in the 19 STARC joint forces headquarters armory at Camp Dodge. State 20 departments and agencies may use funds from any source, 21 including but not limited to user fees and appropriations 22 for operational or capital purposes, to participate in the 23 facility. 24 Sec. 36. Section 29C.14, Code 2013, is amended to read as 25 follows: 26 29C.14 Director of the department of administrative services 27 to issue warrants. 28 The director of the department of administrative services 29 shall draw warrants on the treasurer of state for the purposes 30 specified in this chapter , upon duly itemized and verified 31 vouchers that have been approved by the administrator director 32 of the department of homeland security and emergency management 33 division . 34 Sec. 37. Section 29C.18, subsection 1, Code 2013, is amended 35 -19- LSB 1864XC (4) 85 ec/rj 19/ 69
S.F. _____ to read as follows: 1 1. Every organization for homeland security and emergency 2 management established pursuant to this chapter and its 3 officers shall execute and enforce the orders or rules made by 4 the governor, or under the governor’s authority and the orders 5 or rules made by subordinate organizations and not contrary or 6 inconsistent with the orders or rules of the governor. 7 Sec. 38. Section 29C.20B, Code 2013, is amended to read as 8 follows: 9 29C.20B Disaster case management. 10 1. The department of homeland security and emergency 11 management division shall work with the department of 12 human services and nonprofit, voluntary, and faith-based 13 organizations active in disaster recovery and response to 14 establish a statewide system of disaster case management 15 to be activated following the governor’s proclamation of a 16 disaster emergency or the declaration of a major disaster by 17 the president of the United States for individual assistance 18 purposes. Under the system, the department of homeland 19 security and emergency management division shall coordinate 20 case management services locally through local committees as 21 established in each commission’s emergency plan. 22 2. The department of homeland security and emergency 23 management division , in conjunction with the department of 24 human services and an Iowa representative to the national 25 voluntary organizations active in disaster, shall adopt rules 26 pursuant to chapter 17A to create coordination mechanisms 27 and standards for the establishment and implementation of 28 a statewide system of disaster case management which shall 29 include at least all of the following: 30 a. Disaster case management standards. 31 b. Disaster case management policies. 32 c. Reporting requirements. 33 d. Eligibility criteria. 34 e. Coordination mechanisms necessary to carry out the 35 -20- LSB 1864XC (4) 85 ec/rj 20/ 69
S.F. _____ services provided. 1 f. Development of formal working relationships with 2 agencies and creation of interagency agreements for those 3 considered to provide disaster case management services. 4 g. Coordination of all available services for individuals 5 from multiple agencies. 6 Sec. 39. Section 29C.22, subsection 3, paragraph c, Code 7 2013, is amended to read as follows: 8 c. The authorized representative of a participating 9 government may initiate a request by contacting the department 10 of homeland security and emergency management division of the 11 state department of public defense . When a request is received 12 by the division department , the division department shall 13 directly contact other participating governments to coordinate 14 the provision of mutual aid. 15 Sec. 40. Section 29C.22, subsection 11, paragraphs b and c, 16 Code 2013, are amended to read as follows: 17 b. Any participating government may withdraw from this 18 compact by adopting an ordinance or resolution repealing the 19 same, but a withdrawal shall not take effect until thirty days 20 after the governing body of the withdrawing participating 21 government has given notice in writing of the withdrawal to the 22 administrator director of the department of homeland security 23 and emergency management division who shall notify all other 24 participating governments. The action shall not relieve the 25 withdrawing political subdivision from obligations assumed 26 under this compact prior to the effective date of withdrawal. 27 c. Duly authenticated copies of this compact and any 28 supplementary agreements as may be entered into shall 29 be deposited, at the time of their approval, with the 30 administrator director of the department of homeland security 31 and emergency management division who shall notify all 32 participating governments and other appropriate agencies of 33 state government. 34 Sec. 41. Section 30.2, subsections 1 and 2, Code 2013, are 35 -21- LSB 1864XC (4) 85 ec/rj 21/ 69
S.F. _____ amended to read as follows: 1 1. The Iowa emergency response commission is established. 2 The commission is responsible directly to the governor. The 3 commission is attached to the department of public defense 4 homeland security and emergency management for routine 5 administrative and support services only. 6 2. a. The commission is composed of fifteen sixteen members 7 appointed by the governor. One member shall be appointed to 8 represent the department of homeland security and emergency 9 management, one to represent the department of agriculture and 10 land stewardship, one to represent the department of workforce 11 development, one to represent the department of justice, one to 12 represent the department of natural resources, one to represent 13 the department of public defense, one to represent the Iowa 14 department of public health, one to represent the department 15 of public safety, one to represent the state department of 16 transportation, one to represent the state fire service and 17 emergency response council, one to represent a local emergency 18 planning committee, one to represent the Iowa hazardous 19 materials task force, and one to represent the office of the 20 governor. Three representatives from private industry shall 21 also be appointed by the governor, subject to confirmation by 22 the senate. 23 b. The commission members representing the departments 24 of homeland security and emergency management, workforce 25 development, natural resources, public defense, public safety, 26 and transportation, a local emergency planning committee, 27 and one private industry representative designated by the 28 commission shall be voting members of the commission. The 29 remaining members of the commission shall serve as nonvoting, 30 advisory members. 31 Sec. 42. Section 30.5, subsection 2, Code 2013, is amended 32 to read as follows: 33 2. The commission may enter into agreements pursuant to 34 chapter 28E to accomplish any duty imposed upon the commission 35 -22- LSB 1864XC (4) 85 ec/rj 22/ 69
S.F. _____ by the Emergency Planning and Community Right-to-know Act, 1 but the commission shall not compensate any governmental unit 2 for the performance of duties pursuant to such an agreement. 3 Funding for administering the duties of the commission under 4 sections 30.7 , 30.8 , and 30.9 shall be included in the budgets 5 of the department of natural resources and the department of 6 public defense homeland security and emergency management . 7 Sec. 43. Section 30.9, Code 2013, is amended to read as 8 follows: 9 30.9 Duties to be allocated to department of public defense 10 homeland security and emergency management . 11 Agreements negotiated by the commission and the department 12 of public defense homeland security and emergency management 13 shall provide for the allocation of duties to the department 14 of public defense homeland security and emergency management 15 as follows: 16 1. Comprehensive emergency plans required to be developed 17 under section 303 of the Emergency Planning and Community 18 Right-to-Know Right-to-know Act, 42 U.S.C. § 11003, shall 19 be submitted to the department of public defense homeland 20 security and emergency management . Committee submission to 21 that department constitutes compliance with the requirement for 22 reporting to the commission. After initial submission, a plan 23 need not be resubmitted unless revisions are requested by the 24 commission. The department of public defense homeland security 25 and emergency management shall review the plan on behalf of the 26 commission and shall incorporate the provisions of the plan 27 into its responsibilities under chapter 29C . 28 2. The department of public defense homeland security and 29 emergency management shall advise the commission of the failure 30 of any committee to submit an initial comprehensive emergency 31 response and recovery plan or a revised plan requested by the 32 commission. 33 3. The department of public defense homeland security and 34 emergency management shall make available to the public upon 35 -23- LSB 1864XC (4) 85 ec/rj 23/ 69
S.F. _____ request during normal working hours the information in its 1 possession pursuant to section 324 of the Emergency Planning 2 and Community Right-to-Know Right-to-know Act, 42 U.S.C. 3 § 11044. 4 Sec. 44. Section 34A.2, subsection 2, Code 2013, is amended 5 by striking the subsection. 6 Sec. 45. Section 34A.2, Code 2013, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 5A. “Director” means the director of the 9 department of homeland security and emergency management. 10 Sec. 46. Section 34A.2A, Code 2013, is amended to read as 11 follows: 12 34A.2A Program manager —— appointment —— duties. 13 1. The administrator of the homeland security and emergency 14 management division of the department of public defense 15 director shall appoint an E911 program manager to administer 16 this chapter . 17 2. The E911 program manager shall act under the 18 supervisory control of the administrator of the homeland 19 security and emergency management division of the department 20 of public defense director , and in consultation with the 21 E911 communications council, and shall perform the duties 22 specifically set forth in this chapter and as assigned by the 23 administrator director . 24 Sec. 47. Section 34A.6, subsection 3, Code 2013, is amended 25 to read as follows: 26 3. The secretary of state, in consultation with the 27 administrator director , shall adopt rules for the conduct of 28 joint E911 service referendums as required by and consistent 29 with subsections 1 and 2 . 30 Sec. 48. Section 34A.7A, subsection 1, paragraph a, Code 31 2013, is amended to read as follows: 32 a. Notwithstanding section 34A.6 , the administrator 33 director shall adopt by rule a monthly surcharge of up 34 to sixty-five cents to be imposed on each communications 35 -24- LSB 1864XC (4) 85 ec/rj 24/ 69
S.F. _____ service number provided in this state. The surcharge shall 1 be imposed uniformly on a statewide basis and simultaneously 2 on all communications service numbers as provided by rule 3 of the administrator director . The surcharge shall not be 4 imposed on wire-line-based communications or prepaid wireless 5 telecommunications service. 6 Sec. 49. Section 34A.7A, subsection 2, paragraphs a and f, 7 Code 2013, are amended to read as follows: 8 a. An amount as appropriated by the general assembly to the 9 administrator director shall be allocated to the administrator 10 director and program manager for implementation, support, and 11 maintenance of the functions of the administrator director and 12 program manager and to employ the auditor of state to perform 13 an annual audit of the E911 emergency communications fund. 14 f. The administrator director , in consultation with the 15 program manager and the E911 communications council, shall 16 adopt rules pursuant to chapter 17A governing the distribution 17 of the surcharge collected and distributed pursuant to this 18 subsection . The rules shall include provisions that all joint 19 E911 service boards and the department of public safety which 20 answer or service wireless E911 calls are eligible to receive 21 an equitable portion of the receipts. 22 Sec. 50. Section 34A.15, subsection 3, Code 2013, is amended 23 to read as follows: 24 3. The council shall advise and make recommendations to 25 the administrator director and program manager regarding 26 the implementation of this chapter . Such advice and 27 recommendations shall be provided on issues at the request of 28 the administrator director or program manager or as deemed 29 necessary by the council. 30 Sec. 51. Section 34A.20, subsection 2, Code 2013, is amended 31 to read as follows: 32 2. The authority shall cooperate with the administrator 33 director in the creation, administration, and funding of the 34 E911 program established in subchapter I . 35 -25- LSB 1864XC (4) 85 ec/rj 25/ 69
S.F. _____ Sec. 52. Section 35A.5, subsection 16, Code 2013, is amended 1 to read as follows: 2 16. In coordination with the military division of the 3 department of public defense, advise service members prior to, 4 and after returning from, deployment on active duty service 5 outside the United States of issues related to the filing 6 of tax returns and the payment of taxes due and encourage a 7 service member who has not filed a return or who owes taxes to 8 contact the department of revenue prior to deployment. 9 Sec. 53. Section 68B.2, subsection 23, Code 2013, is amended 10 to read as follows: 11 23. “Regulatory agency” means the department of agriculture 12 and land stewardship, department of workforce development, 13 department of commerce, Iowa department of public health, 14 department of public safety, department of education, state 15 board of regents, department of human services, department of 16 revenue, department of inspections and appeals, department of 17 administrative services, public employment relations board, 18 state department of transportation, civil rights commission, 19 department of public defense, department of homeland security 20 and emergency management, Iowa ethics and campaign disclosure 21 board, and department of natural resources. 22 Sec. 54. Section 80.28, subsection 2, paragraph a, 23 subparagraph (3), Code 2013, is amended to read as follows: 24 (3) One member representing the department of homeland 25 security and emergency management division . 26 Sec. 55. Section 80B.11C, Code 2013, is amended to read as 27 follows: 28 80B.11C Telecommunicator training standards. 29 The director of the academy, subject to the approval of 30 the council, in consultation with the Iowa state sheriffs’ 31 and deputies’ association, the Iowa police executive forum, 32 the Iowa peace officers association, the Iowa state police 33 association, the Iowa professional fire fighters, the Iowa 34 emergency medical services association, the joint council of 35 -26- LSB 1864XC (4) 85 ec/rj 26/ 69
S.F. _____ Iowa fire service organizations, the Iowa department of public 1 safety, the Iowa chapter of the association of public-safety 2 communications officials——international, inc., the Iowa chapter 3 of the national emergency number association, the department of 4 homeland security and emergency management division of the Iowa 5 department of public defense , and the Iowa department of public 6 health, shall adopt rules pursuant to chapter 17A establishing 7 minimum standards for training of telecommunicators. For 8 purposes of this section , “telecommunicator” means a person who 9 receives requests for, or dispatches requests to, emergency 10 response agencies which include, but are not limited to, law 11 enforcement, fire, rescue, and emergency medical services 12 agencies. 13 Sec. 56. Section 97B.49B, subsection 1, paragraph e, 14 subparagraph (8), Code 2013, is amended to read as follows: 15 (8) An airport fire fighter employed by the military 16 division of the department of public defense. 17 Sec. 57. Section 100B.22, subsection 1, paragraph a, Code 18 2013, is amended to read as follows: 19 a. Regional emergency response training centers shall be 20 established to provide training to fire fighters and other 21 emergency responders. The lead public agency for the training 22 centers shall be the following community colleges for the 23 following merged areas: 24 (1) Northeast Iowa community college for merged area I 25 in partnership with the Dubuque county firemen’s association 26 and to provide advanced training in agricultural emergency 27 response as such advanced training is funded by the department 28 of homeland security and emergency management division of the 29 department of public defense . 30 (2) North Iowa area community college for merged area II in 31 partnership with the Mason City fire department. 32 (3) Iowa lakes community college for merged area III and 33 northwest Iowa community college for merged area IV. 34 (4) Iowa central community college for merged area V and to 35 -27- LSB 1864XC (4) 85 ec/rj 27/ 69
S.F. _____ provide advanced training in homeland security as such advanced 1 training is funded by the department of homeland security and 2 emergency management division of the department of public 3 defense . 4 (5) Hawkeye community college for merged area VII in 5 partnership with the Waterloo regional hazardous materials 6 training center and to provide advanced training in hazardous 7 materials emergency response as such advanced training is 8 funded by the department of homeland security and emergency 9 management division of the department of public defense . 10 (6) Eastern Iowa community college for merged area IX in 11 partnership with the city of Davenport fire department. 12 (7) Kirkwood community college for merged area X in 13 partnership with the city of Coralville fire department and the 14 Iowa City fire department and to provide advanced training in 15 agricultural terrorism response and mass casualty and fatality 16 response as such advanced training is funded by the department 17 of homeland security and emergency management division of the 18 department of public defense . 19 (8) Des Moines area community college for merged area XI and 20 Iowa valley community college for merged area VI and to provide 21 advanced training in operations integration in compliance 22 with the national incident management system as such advanced 23 training is funded by the department of homeland security and 24 emergency management division of the department of public 25 defense . 26 (9) Western Iowa technical community college for merged 27 area XII in partnership with the Sioux City fire department 28 and to provide advanced training in emergency responder 29 communications as such advanced training is funded by the 30 department of homeland security and emergency management 31 division of the department of public defense . 32 (10) Iowa western community college for merged areas XIII 33 and XIV in partnership with southwestern community college and 34 the Council Bluffs fire department. 35 -28- LSB 1864XC (4) 85 ec/rj 28/ 69
S.F. _____ (11) Southeastern Iowa community college for merged areas 1 XV and XVI in partnership with Indian hills community college 2 and the city of Fort Madison fire department. 3 Sec. 58. Section 135.141, subsection 2, paragraphs a and j, 4 Code 2013, are amended to read as follows: 5 a. Coordinate with the department of homeland security 6 and emergency management division of the department of public 7 defense the administration of emergency planning matters 8 which involve the public health, including development, 9 administration, and execution of the public health components 10 of the comprehensive emergency plan and emergency management 11 program pursuant to section 29C.8 . 12 j. Adopt rules pursuant to chapter 17A for the 13 administration of this division of this chapter including rules 14 adopted in cooperation with the Iowa pharmacy association 15 and the Iowa hospital association for the development of a 16 surveillance system to monitor supplies of drugs, antidotes, 17 and vaccines to assist in detecting a potential public health 18 disaster. Prior to adoption, the rules shall be approved by 19 the state board of health and the administrator director of 20 the department of homeland security and emergency management 21 division of the department of public defense . 22 Sec. 59. Section 135.145, subsections 1 and 2, Code 2013, 23 are amended to read as follows: 24 1. When the department of public safety or other federal, 25 state, or local law enforcement agency learns of a case of a 26 disease or health condition, unusual cluster, or a suspicious 27 event that may be the cause of a public health disaster, the 28 department or agency shall immediately notify the department, 29 the administrator director of the department of homeland 30 security and emergency management division of the department 31 of public defense , the department of agriculture and land 32 stewardship, and the department of natural resources as 33 appropriate. 34 2. When the department learns of a case of a disease 35 -29- LSB 1864XC (4) 85 ec/rj 29/ 69
S.F. _____ or health condition, an unusual cluster, or a suspicious 1 event that may be the cause of a public health disaster, the 2 department shall immediately notify the department of public 3 safety, the department of homeland security and emergency 4 management division of the department of public defense , and 5 other appropriate federal, state, and local agencies and 6 officials. 7 Sec. 60. Section 163.3A, subsection 2, Code 2013, is amended 8 to read as follows: 9 2. The services shall be performed under the direction of 10 the department and may be part of measures authorized by the 11 governor under a declaration or proclamation issued pursuant to 12 chapter 29C . In such case, the department shall cooperate with 13 the Iowa department of public health under chapter 135 , and the 14 department of public defense, homeland security and emergency 15 management division , and local emergency management agencies as 16 provided in chapter 29C . 17 Sec. 61. Section 163.51, subsection 2, paragraph b, Code 18 2013, is amended to read as follows: 19 b. If the department confirms an outbreak of foot and 20 mouth disease in this state, the department shall cooperate 21 with the governor; federal agencies, including the United 22 States department of agriculture; and state agencies, including 23 the department of homeland security and emergency management 24 division of the department of public defense , in order to 25 provide the public with timely and accurate information 26 regarding the outbreak. The department shall cooperate with 27 organizations representing agricultural producers in order to 28 provide all necessary information to agricultural producers 29 required to control the outbreak. 30 Sec. 62. Section 305.8, subsection 1, paragraph b, Code 31 2013, is amended to read as follows: 32 b. In consultation with the department of homeland security 33 and emergency management division of the department of public 34 defense , establish policies, standards, and guidelines for 35 -30- LSB 1864XC (4) 85 ec/rj 30/ 69
S.F. _____ the identification, protection, and preservation of records 1 essential for the continuity or reestablishment of governmental 2 functions in the event of an emergency arising from a natural 3 or other disaster. 4 Sec. 63. Section 418.1, subsection 3, Code 2013, is amended 5 to read as follows: 6 3. “Division” “Department” means the department of homeland 7 security and emergency management division of the department 8 of public defense . 9 Sec. 64. Section 418.5, subsection 1, Code 2013, is amended 10 to read as follows: 11 1. The flood mitigation board is established consisting of 12 nine voting members and four ex officio, nonvoting members, 13 and is located for administrative purposes within the division 14 department . The administrator director of the division 15 department shall provide office space, staff assistance, 16 and necessary supplies and equipment for the board. The 17 administrator director shall budget funds to pay the necessary 18 expenses of the board. In performing its functions, the board 19 is performing a public function on behalf of the state and is a 20 public instrumentality of the state. 21 Sec. 65. Section 418.5, subsection 2, paragraph e, Code 22 2013, is amended to read as follows: 23 e. The administrator director of the division department or 24 the administrator’s director’s designee. 25 Sec. 66. Section 418.7, Code 2013, is amended to read as 26 follows: 27 418.7 Division Department duties. 28 The division department , subject to approval by the board, 29 shall adopt administrative rules pursuant to chapter 17A 30 necessary to administer the flood mitigation program. The 31 division department shall provide the board with assistance in 32 implementing administrative functions and providing technical 33 assistance and application assistance to applicants under the 34 program. 35 -31- LSB 1864XC (4) 85 ec/rj 31/ 69
S.F. _____ Sec. 67. Section 418.8, subsection 1, Code 2013, is amended 1 to read as follows: 2 1. The board shall establish and the division department , 3 subject to direction and approval by the board, shall 4 administer a flood mitigation program to assist governmental 5 entities in undertaking projects approved under this chapter . 6 The flood mitigation program shall include projects approved 7 by the board to utilize either financial assistance from 8 the flood mitigation fund created under section 418.10 or 9 sales tax revenues remitted to the governmental entity under 10 section 418.12 . A governmental entity shall not be approved 11 by the board to utilize both financial assistance from the 12 flood mitigation fund and sales tax revenues remitted to the 13 governmental entity. 14 Sec. 68. Section 418.9, subsections 4 and 7, Code 2013, are 15 amended to read as follows: 16 4. Upon review of the applications, the board, following 17 consultation with the economic development authority, shall 18 approve, defer, or deny the applications. If a project plan 19 is denied, the board shall state the reasons for the denial 20 and the governmental entity may resubmit the application so 21 long as the application is filed on or before January 1, 2016. 22 If a project plan application is approved, the board shall 23 specify whether the governmental entity is approved for the 24 use of sales tax revenues under section 418.12 or whether the 25 governmental entity is approved to receive financial assistance 26 from the flood mitigation fund under section 418.10 . If 27 the board approves a project plan application that includes 28 financial assistance from the flood mitigation fund, the 29 board shall negotiate and execute on behalf of the division 30 department all necessary agreements to provide such financial 31 assistance. If the board approves a project plan application 32 that includes the use of sales tax increment revenues, the 33 board shall establish the annual maximum amount of such 34 revenues that may be remitted to the governmental entity 35 -32- LSB 1864XC (4) 85 ec/rj 32/ 69
S.F. _____ not to exceed the limitations in section 418.12, subsection 1 4 . The board may, however, establish remittance limitations 2 for the project lower than the individual project remittance 3 limitations specified for projects under section 418.12, 4 subsection 4 . 5 7. Upon approval of an application for financial assistance 6 under the program, the board shall notify the treasurer of 7 state regarding the amount of moneys needed to satisfy the 8 award of financial assistance and the terms of the award. 9 The treasurer of state shall notify the division department 10 any time moneys are disbursed to a recipient of financial 11 assistance under the program. 12 Sec. 69. Section 455B.266, subsection 1, paragraph d, Code 13 2013, is amended to read as follows: 14 d. Determination by the department in conjunction with 15 the department of homeland security and emergency management 16 division of the department of public defense of a local crisis 17 which affects availability of water. 18 Sec. 70. Section 455B.385, Code 2013, is amended to read as 19 follows: 20 455B.385 State hazardous condition contingency plan. 21 All public agencies, as defined in chapter 28E , shall 22 cooperate in the development and implementation of a state 23 hazardous condition contingency plan. The plan shall detail 24 the manner in which public agencies shall participate in the 25 response to a hazardous condition. The director may enter 26 into agreements, with approval of the commission, with any 27 state agency or unit of local government or with the federal 28 government, as necessary to develop and implement the plan. 29 The plan shall be coordinated with the department of homeland 30 security and emergency management division of the department 31 of public defense and any joint emergency management agencies 32 established pursuant to chapter 29C . 33 Sec. 71. Section 466B.3, subsection 4, paragraph d, Code 34 2013, is amended to read as follows: 35 -33- LSB 1864XC (4) 85 ec/rj 33/ 69
S.F. _____ d. The administrator director of the department of homeland 1 security and emergency management division of the department of 2 public defense or the administrator’s director’s designee. 3 Sec. 72. REPEAL. Sections 29.2, 29.3, and 29C.7, Code 2013, 4 are repealed. 5 Sec. 73. TRANSITION PROVISIONS. 6 1. Any rule, regulation, form, order, or directive 7 promulgated by the division of homeland security and 8 emergency management of the department of public defense shall 9 continue in full force and effect until amended, repealed, 10 or supplemented by affirmative action of the department of 11 homeland security and emergency management as established in 12 this division of this Act. 13 2. All employees of the division of homeland security and 14 emergency management of the department of public defense shall 15 be considered employees of the department of homeland security 16 and emergency management upon the elimination of the former and 17 creation of the latter as provided in this division of this 18 Act. 19 DIVISION VI 20 IOWA JOBS BOARD 21 Sec. 74. Section 12.87, subsection 12, Code 2013, is amended 22 to read as follows: 23 12. Neither the treasurer of state, the Iowa jobs board 24 finance authority , nor any person acting on behalf of the 25 treasurer of state or the Iowa jobs board finance authority 26 while acting within the scope of their employment or agency, is 27 subject to personal liability resulting from carrying out the 28 powers and duties conferred by this section and sections 12.88 29 through 12.90 . 30 Sec. 75. Section 16.193, subsection 1, Code 2013, is amended 31 to read as follows: 32 1. The Iowa finance authority , subject to approval by the 33 Iowa jobs board, shall adopt administrative rules pursuant to 34 chapter 17A necessary to administer the Iowa jobs program and 35 -34- LSB 1864XC (4) 85 ec/rj 34/ 69
S.F. _____ Iowa jobs II program. The authority shall provide the board 1 with assistance in implementing administrative functions, be 2 responsible for providing technical assistance and application 3 assistance to applicants under the programs, negotiating 4 contracts, and providing project follow up. The authority, in 5 cooperation with the board, may conduct negotiations on behalf 6 of the board with applicants regarding terms and conditions 7 applicable to awards under the program. 8 Sec. 76. Section 16.194, subsection 2, Code 2013, is amended 9 to read as follows: 10 2. A city or county or a public organization in this 11 state may submit an application to the Iowa jobs board 12 authority for financial assistance for a local infrastructure 13 competitive grant for an eligible project under the program, 14 notwithstanding any limitation on the state’s percentage in 15 funding as contained in section 29C.6, subsection 17 . 16 Sec. 77. Section 16.194, subsection 4, unnumbered paragraph 17 1, Code 2013, 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. 78. Section 16.194, subsection 7, Code 2013, is amended 22 to read as follows: 23 7. In order for a project to be eligible to receive 24 financial assistance from the board authority , the project 25 must be a public construction project pursuant to subsection 1 26 with a demonstrated substantial local, regional, or statewide 27 economic impact. 28 Sec. 79. Section 16.194, subsection 8, unnumbered paragraph 29 1, Code 2013, is amended to read as follows: 30 The board authority shall not approve an application for 31 assistance for any of the following purposes: 32 Sec. 80. Section 16.194, subsection 9, paragraph b, Code 33 2013, is amended to read as follows: 34 b. Any portion of an amount allocated for projects 35 -35- LSB 1864XC (4) 85 ec/rj 35/ 69
S.F. _____ that remains unexpended or unencumbered one year after the 1 allocation has been made may be reallocated to another project 2 category, at the discretion of the board authority . The board 3 authority shall ensure that all bond proceeds be expended 4 within three years from when the allocation was initially made. 5 Sec. 81. Section 16.194, subsection 10, Code 2013, is 6 amended to read as follows: 7 10. The board authority shall ensure that funds obligated 8 under this section are coordinated with other federal program 9 funds received by the state, and that projects receiving funds 10 are located in geographically diverse areas of the state. 11 Sec. 82. Section 16.194A, subsections 2, 7, 9, and 10, Code 12 2013, are amended to read as follows: 13 2. A city or county in this state that applies the smart 14 planning principles and guidelines pursuant to sections 18B.1 15 and 18B.2 may submit an application to the Iowa jobs board 16 authority for financial assistance for a local infrastructure 17 competitive grant for an eligible project under the program, 18 notwithstanding any limitation on the state’s percentage in 19 funding as contained in section 29C.6, subsection 17 . 20 7. In order for a project to be eligible to receive 21 financial assistance from the board authority , the project 22 must be a public construction project pursuant to subsection 1 23 with a demonstrated substantial local, regional, or statewide 24 economic impact. 25 9. Any portion of an amount allocated for projects 26 that remains unexpended or unencumbered one year after the 27 allocation has been made may be reallocated to another project 28 category, at the discretion of the board authority . The board 29 authority shall ensure that all bond proceeds be expended 30 within three years from when the allocation was initially made. 31 10. The board authority shall ensure that funds obligated 32 under this section are coordinated with other federal program 33 funds received by the state, and that projects receiving funds 34 are located in geographically diverse areas of the state. 35 -36- LSB 1864XC (4) 85 ec/rj 36/ 69
S.F. _____ Sec. 83. Section 16.194A, subsection 4, unnumbered 1 paragraph 1, Code 2013, is amended to read as follows: 2 The board authority shall consider the following criteria in 3 evaluating eligible projects to receive financial assistance 4 under the program: 5 Sec. 84. Section 16.194A, subsection 8, unnumbered 6 paragraph 1, Code 2013, is amended to read as follows: 7 The board authority shall not approve an application for 8 assistance for any of the following purposes: 9 Sec. 85. Section 16.195, Code 2013, is amended to read as 10 follows: 11 16.195 Iowa jobs program application review. 12 1. Applications for assistance under the Iowa jobs program 13 and Iowa jobs II program shall be submitted to the Iowa finance 14 authority for review and approval . The authority shall provide 15 a staff review and evaluation of applications to the Iowa jobs 16 program review committee referred to in subsection 2 and to the 17 Iowa jobs board. 18 2. A review committee composed of members of the board 19 as determined by the board shall review Iowa jobs program 20 applications submitted to the board and make recommendations 21 regarding the applications to the board. When reviewing the 22 applications, the review committee and the authority shall 23 consider the project criteria specified in sections 16.194 and 24 16.194A . The board authority shall develop the appropriate 25 level of transparency regarding project fund allocations. 26 3. Upon approval of an application for financial assistance 27 under the program, the board authority shall notify the 28 treasurer of state regarding the amount of moneys needed to 29 satisfy the award of financial assistance and the terms of the 30 award. The treasurer of state shall notify the Iowa finance 31 authority any time moneys are disbursed to a recipient of 32 financial assistance under the program. 33 Sec. 86. Section 16.196, Code 2013, is amended to read as 34 follows: 35 -37- LSB 1864XC (4) 85 ec/rj 37/ 69
S.F. _____ 16.196 Iowa jobs restricted capitals fund —— fund 1 appropriations. 2 1. An Iowa jobs restricted capitals fund is created and 3 established as a separate and distinct fund in the state 4 treasury. The fund consists of moneys appropriated from 5 the revenue bonds capitals fund created in section 12.88 . 6 The moneys in the fund are appropriated to the Iowa jobs 7 board for purposes of the Iowa jobs program established in 8 section 16.194 . Moneys in the fund shall not be subject to 9 appropriation for any other purpose by the general assembly, 10 but shall be used only for the purposes of the Iowa jobs 11 program. The treasurer of state shall act as custodian of the 12 fund and disburse moneys contained in the fund. The fund shall 13 be administered by the board which shall make allocations from 14 the fund consistent with the purposes of the Iowa jobs program. 15 2. 1. There is appropriated from the revenue bonds capitals 16 fund created in section 12.88 , to the Iowa jobs restricted 17 capitals fund, for the fiscal year beginning July 1, 2009, and 18 ending June 30, 2010, one hundred sixty-five million dollars to 19 be allocated as follows: 20 a. One hundred eighteen million five hundred thousand 21 dollars for competitive grants for local infrastructure 22 projects relating to disaster rebuilding, reconstruction 23 and replacement of local buildings, flood control and flood 24 protection, and future flood prevention public projects. An 25 applicant for a local infrastructure grant shall not receive 26 more than fifty million dollars in financial assistance from 27 the fund. 28 b. Forty-six million five hundred thousand dollars for 29 disaster relief and mitigation and local infrastructure 30 grants for the following renovation and construction projects, 31 notwithstanding any limitation on the state’s percentage 32 participation in funding as contained in section 29C.6, 33 subsection 17 : 34 (1) For grants to a county with a population between 35 -38- LSB 1864XC (4) 85 ec/rj 38/ 69
S.F. _____ one hundred eighty-nine thousand and one hundred ninety-six 1 thousand in the latest preceding certified federal census, to 2 be distributed as follows: 3 (a) Ten million dollars for the construction of a new, 4 shared facility between nonprofit human service organizations 5 serving the public, especially the needs of low-income Iowans, 6 including those displaced as a result of the disaster of 2008. 7 (b) Five million dollars for the construction or renovation 8 of a facility for a county-funded workshop program serving 9 the public and particularly persons with mental illness or 10 developmental disabilities. 11 (2) For grants to a city with a population between one 12 hundred ten thousand and one hundred twenty thousand in the 13 latest preceding certified federal census, to be distributed 14 as follows: 15 (a) Five million dollars for an economic redevelopment 16 project benefiting the public by improving energy efficiency 17 and the development of alternative and renewable energy 18 technologies. 19 (b) Ten million dollars for a museum serving the public and 20 dedicated to the preservation of an eastern European cultural 21 heritage through the collection, exhibition, preservation, and 22 interpretation of historical artifacts. 23 (c) Five million dollars for a theater serving the public 24 and promoting culture, entertainment, and tourism. 25 (d) Five million dollars for a public library. 26 (e) Five million dollars for a public works building. 27 (3) One million five hundred thousand dollars, to be 28 distributed as follows: 29 (a) Five hundred thousand dollars to a city with a 30 population between six hundred and six hundred fifty in the 31 latest preceding certified federal census, for a public fire 32 station. 33 (b) Five hundred thousand dollars to a city with a 34 population between one thousand four hundred and one thousand 35 -39- LSB 1864XC (4) 85 ec/rj 39/ 69
S.F. _____ five hundred in the latest preceding certified federal census, 1 for a public fire station. 2 (c) Five hundred thousand dollars for a city with a 3 population between seven thousand eight hundred and seven 4 thousand eight hundred fifty, for a public fire station. 5 3. 2. Grant awards for a project under subsection 2 , 6 paragraph “b” , are contingent upon submission of a plan for 7 each project by the applicable county or city governing board 8 or in the case of a project submitted pursuant to subsection 9 2 , paragraph “b” , subparagraph (2), subparagraph division (b), 10 by the board of directors, to the Iowa jobs board authority , 11 no later than September 1, 2009, detailing a description of 12 the project, the plan to rebuild, and the amount or percentage 13 of federal, state, local, or private matching moneys which 14 will be or have been provided for the project. Funds not 15 utilized in accordance with subsection 2 , paragraph “b” , due 16 to failure to file a plan by the September 1 deadline shall 17 revert to the Iowa jobs restricted revenue bonds capitals fund 18 to be available for local infrastructure competitive grants. A 19 grant recipient under subsection 2 , paragraph “b” , shall not be 20 precluded from applying for a local infrastructure competitive 21 grant pursuant to this section and section 16.195 . 22 4. Moneys in the fund are not subject to section 8.33 . 23 Notwithstanding section 12C.7, subsection 2 , interest or 24 earnings on moneys in the fund shall be credited to the fund. 25 5. 3. Annually, on or before January 15 of each year, the 26 board authority shall report to the legislative services agency 27 and the department of management the status of all projects 28 receiving moneys from the fund completed or in progress. The 29 report shall include a description of the project, the progress 30 of work completed, the total estimated cost of the project, a 31 list of all revenue sources being used to fund the project, the 32 amount of funds expended, the amount of funds obligated, and 33 the date the project was completed or an estimated completion 34 date of the project, where applicable. 35 -40- LSB 1864XC (4) 85 ec/rj 40/ 69
S.F. _____ 6. 4. Payment of moneys appropriated from the fund shall be 1 made in a manner that does not adversely affect the tax-exempt 2 status of any outstanding bonds issued by the treasurer of 3 state. 4 Sec. 87. Section 16.197, Code 2013, is amended to read as 5 follows: 6 16.197 Limitation of liability. 7 A member of the Iowa jobs board, a person acting on behalf of 8 the board while acting within the scope of their employment or 9 agency, The authority or the treasurer of state, shall not be 10 subject to personal liability resulting from carrying out the 11 powers and duties of the board authority or the treasurer, as 12 applicable, in sections 16.192 16.193 through 16.196 . 13 Sec. 88. IOWA JOBS BOARD —— TRANSITION PROVISIONS —— 14 LIMITATION OF LIABILITY. 15 1. Any contract or agreement issued or entered into by the 16 Iowa jobs board relating to the provisions of this division 17 of this Act, in effect on the effective date of this division 18 of this Act, shall continue in full force and effect and 19 any responsibility of the board relative to the contracts or 20 agreements as provided in those contracts or agreements shall 21 be transferred to the Iowa finance authority. 22 2. A member of the Iowa jobs board or a person acting on 23 behalf of the board while acting within the scope of that 24 person’s employment or agency shall not be subject to personal 25 liability resulting from carrying out the powers and duties 26 of the board prior to the effective date of this division of 27 this Act, as applicable, in sections 12.87 through 12.90 and in 28 sections 16.192 through 16.196, Code 2013. 29 Sec. 89. REPEAL. Sections 16.191 and 16.192, Code 2013, 30 are repealed. 31 DIVISION VII 32 ELECTRONIC COMMUNICATIONS 33 Sec. 90. Section 22.7, Code 2013, is amended by adding the 34 following new subsection: 35 -41- LSB 1864XC (4) 85 ec/rj 41/ 69
S.F. _____ NEW SUBSECTION . 65. Electronic mail addresses of 1 individuals collected by state departments and agencies for the 2 purpose of electronic communications. 3 Sec. 91. STATE DEPARTMENT AND AGENCY LIMITATIONS ON 4 MAIL. Notwithstanding any provision of the law to the 5 contrary, a state department or agency shall provide 6 departmental or agency notices or information through the 7 department’s or agency’s internet site or through electronic 8 mail to the fullest extent possible. This requirement shall 9 not apply to department and agency communications required for 10 purposes of pursuing legal action or to comply with federal 11 law. Departments and agencies shall have rulemaking authority 12 to implement this section and to collect electronic mail 13 addresses for the purpose of electronic communications. 14 DIVISION VIII 15 STATE RECORDS 16 Sec. 92. Section 96.11, subsection 11, Code 2013, is amended 17 to read as follows: 18 11. Destruction of records. The department may destroy 19 or dispose of such original reports or records as have been 20 properly recorded or summarized in the permanent records of 21 the department and are deemed by the director and the state 22 records commission department of cultural affairs to be no 23 longer necessary to the proper administration of this chapter . 24 Wage records of the individual worker or transcripts therefrom 25 may be destroyed or disposed of, if approved by the state 26 records commission department of cultural affairs , two years 27 after the expiration of the period covered by such wage records 28 or upon proof of the death of the worker. Such destruction 29 or disposition shall be made only by order of the director in 30 consultation with the state records commission department of 31 cultural affairs . Any moneys received from the disposition of 32 such records shall be deposited to the credit of the employment 33 security administration fund, subject to rules promulgated by 34 the department. 35 -42- LSB 1864XC (4) 85 ec/rj 42/ 69
S.F. _____ Sec. 93. Section 305.2, subsection 2, Code 2013, is amended 1 to read as follows: 2 2. “Archives” means records that have been appraised by 3 the state records commission department as having sufficient 4 historical, research, evidential, or informational value to 5 warrant permanent preservation and that have been transferred 6 to the custody of the state archives. 7 Sec. 94. Section 305.2, subsections 3 and 5, Code 2013, are 8 amended by striking the subsections. 9 Sec. 95. Section 305.2, Code 2013, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 4A. “Department” means the department of 12 cultural affairs. 13 Sec. 96. Section 305.2, subsection 12, Code 2013, is amended 14 to read as follows: 15 12. “Records series retention and disposition schedule” 16 means a timetable established by the state records commission 17 department that describes the length of time a records series 18 of an agency or multiple agencies must be retained in active 19 and inactive status and provides authorization for a final 20 disposition of the records series by destruction or permanent 21 retention. 22 Sec. 97. Section 305.4, unnumbered paragraph 1, Code 2013, 23 is amended to read as follows: 24 The commission department shall adopt government information 25 policies, standards, and guidelines to do all of the following: 26 Sec. 98. Section 305.8, subsection 1, unnumbered paragraph 27 1, Code 2013, is amended to read as follows: 28 The commission department shall do all of the following: 29 Sec. 99. Section 305.8, subsection 1, Code 2013, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . 0e. Provide training, advice, and counsel 32 to agencies on government information policies, standards, and 33 guidelines. 34 Sec. 100. Section 305.8, subsection 1, Code 2013, is amended 35 -43- LSB 1864XC (4) 85 ec/rj 43/ 69
S.F. _____ by adding the following new paragraphs: 1 NEW PARAGRAPH . 0f. Develop and distribute operating 2 procedures for agencies to use to implement the plans, 3 policies, standards, and guidelines adopted by the department. 4 NEW PARAGRAPH . 00f. Manage any centralized records storage 5 facility established by the department for the temporary 6 storage of agency records prior to their final disposition by 7 destruction or permanent preservation in accordance with the 8 records series retention and disposition schedules. 9 NEW PARAGRAPH . 000f. Appoint a state archivist to head the 10 state archives and records program. 11 NEW PARAGRAPH . 0000f. Manage the state archives and develop 12 operating procedures for the transfer, accession, arrangement, 13 description, preservation, protection, and public access of 14 those records the department identifies as having permanent 15 value. 16 NEW PARAGRAPH . 00000f. Maintain physical custody and legal 17 custody of archives that have been transferred and delivered 18 to the state archives. 19 (1) Upon receipt by the state archivist, the archives shall 20 not be removed without the state archivist’s consent except in 21 response to a subpoena of a court of record or in accordance 22 with approved records series retention and disposition 23 schedules or after review and approval of the department. 24 (2) Upon request, the state archivist shall make a certified 25 copy of any record in the legal custody or in the physical 26 custody of the state archivist, or a certified transcript 27 of any record if reproduction is inappropriate because of 28 legal or physical considerations. If a copy or transcript is 29 properly authenticated, it has the same legal effect as though 30 certified by the officer from whose office it was transferred 31 or by the secretary of state. The department shall establish 32 reasonable fees for certified copies or certified transcripts 33 of records in the legal custody or physical custody of the 34 state archivist. 35 -44- LSB 1864XC (4) 85 ec/rj 44/ 69
S.F. _____ NEW PARAGRAPH . 000000f. Establish, maintain, and administer 1 an archive of records created and maintained in electronic 2 format in order to preserve and provide public access to state 3 government records identified as having permanent historical 4 value by the department. 5 Sec. 101. Section 305.8, subsection 1, Code 2013, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . 0i. Establish rates to be charged an agency 8 by the department for storage and retention of records of 9 the agency in a records storage facility maintained by the 10 department. Rates established shall be reviewed annually by 11 the department and shall be reasonably related to the cost of 12 storing and retaining records of an agency. 13 Sec. 102. Section 305.8, subsection 2, unnumbered paragraph 14 1, Code 2013, is amended to read as follows: 15 The commission department may do all of the following: 16 Sec. 103. Section 305.8, subsection 2, Code 2013, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . 0g. Upon written consent of the state 19 archivist, accept records of political subdivisions that are 20 voluntarily transferred to the state archives. 21 Sec. 104. Section 305.8, subsection 2, paragraph e, Code 22 2013, is amended to read as follows: 23 e. Make, or cause to be made, preservation duplicates of 24 records, which may include existing copies of original state 25 records. Any preservation duplicate record shall be durable, 26 accurate, complete, and clear, and shall be made by means 27 designated by the commission department . 28 Sec. 105. NEW SECTION . 305.8A Records retention and storage 29 costs —— billing —— internal service fund. 30 1. The department may bill an agency for records storage 31 and retention services rendered by the department pursuant to 32 the rates established by the department for these services. 33 The department shall periodically render a billing statement 34 to an agency outlining the cost of services provided. The 35 -45- LSB 1864XC (4) 85 ec/rj 45/ 69
S.F. _____ amount indicated on the statement shall be paid by the agency 1 and amounts received by the department shall be considered 2 repayment receipts as defined in section 8.2, and deposited 3 into the accounts of the department. 4 2. a. The department may establish and maintain an internal 5 service fund in accordance with generally accepted accounting 6 principles, as defined in section 8.57, for the records storage 7 and retention activities of the department which are primarily 8 funded from billings to agencies for services rendered by the 9 department. 10 b. The internal service fund shall be administered by 11 the department and shall consist of moneys collected by the 12 department from billings issued in accordance with this section 13 and any other moneys obtained or accepted by the department, 14 including but not limited to gifts, loans, donations, grants, 15 and contributions, which are designated to support the 16 activities of the internal service fund. 17 c. The proceeds of the internal service fund established 18 pursuant to this section shall be used by the department 19 for the operations of the department in records storage and 20 retention consistent with this chapter. 21 d. Section 8.33 does not apply to any moneys in the 22 internal service fund established pursuant to this section. 23 Notwithstanding section 12C.7, subsection 2, interest or 24 earnings on moneys deposited in the fund shall be credited to 25 the fund. 26 e. The director of the department shall annually provide 27 financial information and reports relative to the internal 28 service fund established pursuant to this section to the 29 department of management and the general assembly. The 30 information provided may include the recommendation that a 31 portion of unexpended net income be periodically returned to 32 the appropriate funding source. 33 Sec. 106. Section 305.10, subsection 1, paragraphs c, d, e, 34 f, and j, Code 2013, are amended to read as follows: 35 -46- LSB 1864XC (4) 85 ec/rj 46/ 69
S.F. _____ c. Cooperate with the state records commission department 1 and the state archives and records program in the development 2 and implementation of government information policies, 3 standards, and guidelines, and in the development and 4 implementation of records series retention and disposition 5 schedules. 6 d. Comply with requests from the state records commission 7 or department and the state archives and records program to 8 examine records in the possession, constructive possession, or 9 control of the agency in order to carry out the purposes of 10 this chapter . 11 e. Inventory agency records in accordance with state 12 records commission department policies to draft records series 13 retention and disposition schedules. 14 f. Identify vital operating records in accordance with 15 the policies, standards, and guidelines of the state records 16 commission department . 17 j. Provide for compliance with this chapter and the rules 18 adopted by the state records commission department . 19 Sec. 107. Section 305.10, subsection 2, Code 2013, is 20 amended to read as follows: 21 2. Agency heads may petition the state records commission 22 department to create or modify government information policies, 23 standards, and guidelines, and to create or modify records 24 series retention and disposition schedules. 25 Sec. 108. Section 305.11, Code 2013, is amended to read as 26 follows: 27 305.11 Termination of state agency —— records transfer. 28 Upon the termination of a state agency whose functions have 29 not been transferred to another agency, custody of the records 30 of the agency shall transfer to the commission department . 31 Sec. 109. Section 305.14, Code 2013, is amended to read as 32 follows: 33 305.14 Liability precluded. 34 No member An employee of the commission department or head 35 -47- LSB 1864XC (4) 85 ec/rj 47/ 69
S.F. _____ of an agency shall not be held liable for damages or loss, or 1 civil or criminal liability, because of the destruction of 2 public records pursuant to the provisions of this chapter or 3 any other law authorizing their destruction. 4 Sec. 110. Section 305.15, Code 2013, is amended to read as 5 follows: 6 305.15 Exemptions —— duties of state department of 7 transportation and state board of regents. 8 The state department of transportation and the agencies and 9 institutions under the control of the state board of regents 10 are exempt from the state records manual and the provisions of 11 this chapter . However, the state department of transportation 12 and the state board of regents shall adopt rules pursuant to 13 chapter 17A for their employees, agencies, and institutions 14 that are consistent with the objectives of this chapter . 15 The rules shall be approved by the state records commission 16 department . 17 Sec. 111. Section 305.16, subsection 6, paragraph b, 18 subparagraph (1), Code 2013, is amended to read as follows: 19 (1) Serve in an advisory capacity to the state records 20 commission department , the state archives and records program, 21 and other statewide archival or records agencies. 22 Sec. 112. Section 321.31, subsection 1, paragraph b, Code 23 2013, is amended to read as follows: 24 b. The department may make photostatic, microfilm, or other 25 photographic copies of certificates of title, registration 26 receipts, or other records, reports or documents which are 27 required to be retained by the department. When copies have 28 been made, the department may destroy the original records in 29 such manner as prescribed by the director. The photostatic, 30 microfilm, or other photographic copies, when no longer of use, 31 may be destroyed in the manner prescribed by the director, 32 subject to the approval of the state records commission 33 department of cultural affairs . Photostatic, microfilm, or 34 other photographic copies of records shall be admissible in 35 -48- LSB 1864XC (4) 85 ec/rj 48/ 69
S.F. _____ evidence when duly certified and authenticated by the officer 1 having custody and control of the copies of records. Records 2 of vehicle certificates of title may be destroyed seven years 3 after the date of issue. 4 Sec. 113. REPEAL. Sections 305.3, 305.5, 305.6, 305.7, and 5 305.9, Code 2013, are repealed. 6 Sec. 114. ADMINISTRATIVE RULES —— TRANSITION PROVISIONS. 7 1. Any rule, regulation, form, order, or directive 8 promulgated by the state records commission relative to the 9 provisions of this division of this Act in existence on the 10 effective date of this division of this Act shall continue in 11 full force and effect until amended, repealed, or supplemented 12 by affirmative action of the department of cultural affairs 13 under the duties and powers established in this division of 14 this Act and under the procedure established in subsection 2. 15 2. In regard to updating references and format in the Iowa 16 administrative code in order to correspond to the transferring 17 of duties as established in this division of this Act, the 18 administrative rules coordinator and the administrative rules 19 review committee, in consultation with the administrative code 20 editor, shall jointly develop a schedule for the necessary 21 updating of the Iowa administrative code. 22 DIVISION IX 23 DEPARTMENT OF TRANSPORTATION PROVISIONS 24 Sec. 115. Section 321.196, subsection 4, Code 2013, is 25 amended to read as follows: 26 4. The department in its discretion may authorize the 27 renewal of a valid driver’s license other than a commercial 28 driver’s license upon application without an examination 29 provided that the applicant meets one of the following 30 conditions: 31 a. The applicant satisfactorily passes a vision test as 32 prescribed by the department or . 33 b. The applicant files a vision report in accordance with 34 section 321.186A which shows that the applicant’s visual acuity 35 -49- LSB 1864XC (4) 85 ec/rj 49/ 69
S.F. _____ level meets or exceeds those required by the department. 1 c. The applicant is eligible for license renewal 2 electronically, pursuant to rules adopted by the department. 3 4A. An application for renewal of a driver’s license shall 4 include a statement for the applicant to sign that acknowledges 5 the applicant’s knowledge of the requirement to notify the 6 department of a mailing address change under section 321.182, 7 subsection 1 . 8 Sec. 116. REPEAL. Section 321.116, Code 2013, is repealed. 9 Sec. 117. EMERGENCY RULES. The department of 10 transportation may adopt emergency rules under section 17A.4, 11 subsection 3, and section 17A.5, subsection 2, paragraph “b”, 12 to implement section 321.196, subsection 4, paragraph “c”, 13 as enacted in this division of this Act, and the rules shall 14 be effective immediately upon filing unless a later date is 15 specified in the rules. Any rules adopted in accordance with 16 this section shall also be published as a notice of intended 17 action as provided in section 17A.4. 18 Sec. 118. EFFECTIVE UPON ENACTMENT. The following 19 provisions of this division of this Act, being deemed of 20 immediate importance, take effect upon enactment: 21 1. The section of this division of this Act amending section 22 321.196, subsection 4. 23 2. The section of this division of this Act authorizing the 24 adoption of emergency rules. 25 Sec. 119. APPLICABILITY. The section of this division of 26 this Act that repeals section 321.116 applies for registration 27 years beginning on or after January 1, 2014. 28 DIVISION X 29 REPORT —— STATE DEBT COORDINATOR 30 Sec. 120. DEPARTMENT OF REVENUE AND OFFICE OF THE STATE 31 DEBT COORDINATOR —— REPORT. The director of revenue shall 32 develop and recommend legislative proposals deemed necessary 33 for the continued efficiency of the functions of the office of 34 the state debt coordinator established in section 421C.1, and 35 -50- LSB 1864XC (4) 85 ec/rj 50/ 69
S.F. _____ shall prepare and file a report detailing the recommendations. 1 The report shall be filed by the director of revenue with 2 the department of management, the governor, and the general 3 assembly no later than January 13, 2014. 4 DIVISION XI 5 POLLUTION PREVENTION AND WASTE MANAGEMENT ASSISTANCE 6 Sec. 121. Section 455B.481, subsections 1 through 3, Code 7 2013, are amended to read as follows: 8 1. The purpose of this part is to promote the proper and 9 safe storage, treatment, and disposal management of solid, 10 hazardous, and low-level radioactive wastes in Iowa. The 11 management of these wastes generated within Iowa is the 12 responsibility of Iowans. It is the intent of the general 13 assembly that Iowans assume this responsibility to the extent 14 consistent with the protection of public health, safety, and 15 the environment, and that Iowans insure that waste management 16 practices, as alternatives to land disposal, including source 17 reduction, recycling, compaction, incineration, and other forms 18 of waste reduction, are employed. 19 2. It is also the intent of the general assembly that a 20 comprehensive waste management plan be established by the 21 department which includes: the determination of need and 22 adequate regulatory controls prior to the initiation of site 23 selection; the process for selecting a superior site determined 24 to be necessary; the establishment of a process for a site 25 community to submit or present data, views, or arguments 26 regarding the selection of the operator and the technology 27 that best ensures proper facility operation; the prohibition 28 of shallow land burial of hazardous and low-level radioactive 29 wastes; the establishment of a regulatory framework for a 30 facility; and the establishment of provisions for the safe 31 and orderly development, operation, closure, postclosure, and 32 long-term monitoring and maintenance of the facility. 33 3. 2. In order to meet capacity assurance requirements 34 of section 104k of the federal Superfund Amendments and 35 -51- LSB 1864XC (4) 85 ec/rj 51/ 69
S.F. _____ Reauthorization Act of 1986, Pub. L. No. 99-499, and further 1 the objectives of waste minimization, the The department, in 2 cooperation with the small business assistance center at the 3 university of northern Iowa Iowa waste reduction center for 4 safe and economic management of solid waste and hazardous 5 substances established in section 268.4 , shall work with 6 generators of hazardous wastes in the state to develop and 7 implement aggressive waste minimization programs. The goal 8 of these programs is to reduce the volume of hazardous waste 9 generated in the state as a whole by twenty-five percent of 10 the amount generated as of January 1, 1987, as reported in the 11 biennial reports collected by the United States environmental 12 protection agency. The twenty-five percent reduction goal 13 shall be reached as expeditiously as possible and no later than 14 July 1, 1994. In meeting the reduction goal, elements “a” 15 through “d” of the hazardous waste management hierarchy shall 16 be utilized. The department, in cooperation with the small 17 business assistance center, shall reassess the twenty-five 18 percent reduction goal in 1994. The department shall promote 19 research and development, provide and promote educational 20 and informational programs, promote and encourage provide 21 confidential, voluntary technical assistance to hazardous waste 22 generators, promote assistance by the small business assistance 23 Iowa waste reduction center, and promote other activities by 24 the public and private sectors that