Senate
File
2088
-
Reprinted
SENATE
FILE
2088
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
3030)
(As
Amended
and
Passed
by
the
Senate
February
2,
2010
)
A
BILL
FOR
An
Act
concerning
state
government
reorganization
and
1
efficiency,
making
appropriations,
establishing
fees
2
and
penalties,
and
providing
effective
and
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
GOVERNMENT
INFORMATION
TECHNOLOGY
SERVICES
2
Section
1.
Section
8A.104,
subsection
12,
Code
2009,
is
3
amended
by
striking
the
subsection.
4
Sec.
2.
Section
8A.111,
subsection
3,
Code
2009,
is
amended
5
by
striking
the
subsection.
6
Sec.
3.
Section
8A.111,
subsection
5,
Code
2009,
is
amended
7
by
striking
the
subsection.
8
Sec.
4.
Section
8A.201,
subsection
1,
Code
2009,
is
amended
9
to
read
as
follows:
10
1.
“Information
technology”
means
computing
and
electronics
11
applications
used
to
process
and
distribute
information
in
12
digital
and
other
forms
and
includes
information
technology
13
devices,
information
technology
services,
infrastructure
14
services,
and
value-added
services.
15
Sec.
5.
Section
8A.201,
Code
2009,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
3A.
“Infrastructure
services”
includes
all
18
of
the
following:
19
a.
Data
centers
used
to
support
mainframe
and
other
20
computers
and
their
associated
components
including
servers,
21
information
networks,
storage
systems,
redundant
or
backup
22
power
systems,
redundant
data
communications
connections,
23
environmental
controls,
and
security
devices.
24
b.
Servers,
mainframes,
or
other
centralized
processing
25
systems.
26
c.
Storage
systems,
including
but
not
limited
to
disk,
tape,
27
optical,
and
other
structured
repositories
for
storing
digital
28
information.
29
d.
Computer
networks
commonly
referred
to
as
local
area
30
networks.
31
e.
Groupware
applications
used
to
facilitate
collaboration,
32
communication,
and
workflow,
including
electronic
mail,
33
directory
services,
calendaring
and
scheduling,
and
imaging
34
systems.
35
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f.
Information
technology
help
desk
services.
1
g.
Cyber
security
functions
and
equipment.
2
h.
Digital
printing
and
printing
procurement
services.
3
i.
Data
warehouses,
including
services
that
assist
in
4
managing
and
locating
digital
information.
5
j.
Disaster
recovery
technology
and
services.
6
k.
Other
similar
or
related
services
as
determined
by
the
7
chief
information
officer.
8
Sec.
6.
Section
8A.201,
subsection
4,
Code
2009,
is
amended
9
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
10
following:
11
4.
“Participating
agency”
means
any
state
agency,
except
12
the
state
board
of
regents
and
institutions
operated
under
the
13
authority
of
the
state
board
of
regents.
14
Sec.
7.
Section
8A.201,
subsection
5,
Code
2009,
is
amended
15
to
read
as
follows:
16
5.
“Technology
governance
board”
advisory
council”
means
the
17
board
council
established
in
section
8A.204.
18
Sec.
8.
NEW
SECTION
.
8A.201A
Chief
information
officer
19
appointed.
20
1.
A
chief
information
officer
shall
be
appointed
by
the
21
governor
to
serve
at
the
pleasure
of
the
governor
and
is
22
subject
to
confirmation
by
the
senate.
If
the
office
becomes
23
vacant,
the
vacancy
shall
be
filled
in
the
same
manner
as
24
provided
for
the
original
appointment.
25
2.
The
person
appointed
as
the
chief
information
officer
26
for
the
state
shall
be
professionally
qualified
by
education
27
and
have
no
less
than
five
years’
experience
in
the
field
of
28
information
technology,
and
a
working
knowledge
of
financial
29
management.
The
chief
information
officer
shall
not
be
30
a
member
of
any
local,
state,
or
national
committee
of
a
31
political
party,
an
officer
or
member
of
a
committee
in
32
any
partisan
political
club
or
organization,
or
hold
or
be
33
a
candidate
for
a
paid
elective
public
office.
The
chief
34
information
officer
is
subject
to
the
restrictions
on
political
35
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activity
provided
in
section
8A.416.
1
Sec.
9.
Section
8A.202,
subsection
2,
paragraph
g,
Code
2
2009,
is
amended
to
read
as
follows:
3
g.
Coordinating
and
managing
the
acquisition
of
information
4
technology
services
by
participating
agencies
in
furtherance
of
5
the
purposes
of
this
chapter.
The
department
shall
institute
6
procedures
to
ensure
effective
and
efficient
compliance
7
with
the
applicable
standards
established
pursuant
to
this
8
subchapter.
This
subchapter
shall
not
be
construed
to
prohibit
9
or
limit
a
participating
agency
from
entering
into
an
agreement
10
or
contract
for
information
technology
with
a
qualified
private
11
entity.
12
Sec.
10.
Section
8A.202,
Code
2009,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
4A.
Waivers.
15
a.
The
department
shall
adopt
rules
allowing
for
16
participating
agencies
to
seek
a
temporary
or
permanent
waiver
17
from
any
of
the
requirements
of
this
subchapter
concerning
18
the
acquisition
of
information
technology.
The
rules
shall
19
provide
that
a
waiver
may
be
granted
upon
a
written
request
by
20
a
participating
agency
and
approval
of
the
chief
information
21
officer.
A
waiver
shall
only
be
approved
if
the
participating
22
agency
shows
that
a
waiver
would
be
in
the
best
interests
of
23
the
state.
24
b.
Prior
to
approving
or
denying
a
request
for
a
waiver,
the
25
chief
information
officer
shall
consider
all
of
the
following:
26
(1)
Whether
the
waiver
would
violate
any
state
or
federal
27
law;
or
any
published
policy,
standard,
or
requirement
28
established
by
a
governing
body
other
than
the
department.
29
(2)
Whether
the
waiver
would
result
in
the
duplication
of
30
existing
services,
resources,
or
support.
31
(3)
Whether
the
waiver
would
obstruct
the
state’s
32
information
technology
strategic
plan,
enterprise
architecture,
33
security
plans,
or
any
other
information
technology
policy,
34
standard,
or
requirement.
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(4)
Whether
the
waiver
would
result
in
excessive
1
expenditures
or
expenditures
above
market
rates.
2
(5)
The
life
cycle
of
the
system
or
application
for
which
3
the
waiver
is
requested.
4
(6)
Whether
the
participating
agency
can
show
that
it
can
5
obtain
or
provide
the
information
technology
more
economically
6
than
the
information
technology
can
be
provided
by
the
7
department.
For
purposes
of
determining
if
the
participating
8
agency
can
obtain
or
provide
the
information
technology
more
9
economically,
the
chief
information
officer
shall
consider
10
the
impact
on
other
participating
agencies
if
the
waiver
is
11
approved
or
denied.
12
c.
Rules
adopted
pursuant
to
this
subsection
relating
to
a
13
request
for
a
waiver,
at
a
minimum,
shall
provide
for
all
of
14
the
following:
15
(1)
The
request
shall
be
in
writing
and
signed
by
the
head
16
of
the
participating
agency
seeking
the
waiver.
17
(2)
The
request
shall
include
a
reference
to
the
specific
18
policy,
standard,
or
requirement
for
which
the
waiver
is
19
submitted.
20
(3)
The
request
shall
include
a
statement
of
facts
including
21
a
description
of
the
problem
or
issue
prompting
the
request;
22
the
participating
agency’s
preferred
solution;
an
alternative
23
approach
to
be
implemented
by
the
participating
agency
intended
24
to
satisfy
the
waived
policy,
standard,
or
requirement;
the
25
business
case
for
the
alternative
approach;
the
economic
26
justification
for
the
waiver
or
a
statement
as
to
why
the
27
waiver
is
in
the
best
interests
of
the
state;
the
time
period
28
for
which
the
waiver
is
requested;
and
any
other
information
29
deemed
appropriate.
30
Sec.
11.
Section
8A.203,
unnumbered
paragraph
1,
Code
2009,
31
is
amended
to
read
as
follows:
32
The
chief
information
officer,
in
consultation
with
33
the
director
,
shall
do
all
of
the
following
as
it
relates
to
34
information
technology
services:
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Sec.
12.
Section
8A.203,
subsection
1,
Code
2009,
is
1
amended
to
read
as
follows:
2
1.
Prescribe
and
adopt
Advise
the
director
concerning
the
3
adoption
of
information
technology
standards
and
rules.
4
Sec.
13.
Section
8A.203,
Code
2009,
is
amended
by
adding
the
5
following
new
subsections:
6
NEW
SUBSECTION
.
6.
Coordinate
the
internal
operations
7
of
the
department
as
they
relate
to
information
technology
8
and
develop
and
implement
policies
and
procedures
designed
to
9
ensure
the
efficient
administration
of
the
department
as
they
10
relate
to
information
technology.
11
NEW
SUBSECTION
.
7.
Recommend
to
the
director
for
adoption
12
rules
deemed
necessary
for
the
administration
of
this
13
subchapter
in
accordance
with
chapter
17A.
14
NEW
SUBSECTION
.
8.
Advise
the
director
concerning
15
contracts
for
the
receipt
and
provision
of
information
16
technology
services
as
deemed
necessary.
17
NEW
SUBSECTION
.
9.
Exercise
and
perform
such
other
18
powers
and
duties
related
to
information
technology
as
may
be
19
delegated
by
the
director
or
as
may
be
prescribed
by
law.
20
Sec.
14.
Section
8A.204,
Code
2009,
is
amended
by
striking
21
the
section
and
inserting
in
lieu
thereof
the
following:
22
8A.204
Technology
advisory
council.
23
1.
Definitions.
For
purposes
of
this
section,
unless
the
24
context
otherwise
requires:
25
a.
“Large
agency”
means
a
participating
agency
with
more
26
than
seven
hundred
full-time,
year-round
employees.
27
b.
“Medium-sized
agency”
means
a
participating
agency
with
28
at
least
seventy
or
more
full-time,
year-round
employees,
but
29
not
more
than
seven
hundred
permanent
employees.
30
c.
“Small
agency”
means
a
participating
agency
with
less
31
than
seventy
full-time,
year-round
employees.
32
2.
Membership.
33
a.
The
technology
advisory
council
is
composed
of
ten
34
members
as
follows:
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(1)
The
chief
information
officer.
1
(2)
The
director
of
the
department
of
management,
or
the
2
director’s
designee.
3
(3)
Eight
members
appointed
by
the
governor
as
follows:
4
(a)
Three
representatives
from
large
agencies.
5
(b)
Two
representatives
from
medium-sized
agencies.
6
(c)
One
representative
from
a
small
agency.
7
(d)
Two
public
members
who
are
knowledgeable
and
have
8
experience
in
information
technology
matters.
9
b.
(1)
Members
appointed
pursuant
to
paragraph
“a”
,
10
subparagraph
(3),
shall
serve
two-year
staggered
terms.
The
11
department
shall
provide,
by
rule,
for
the
commencement
of
the
12
term
of
membership
for
the
nonpublic
members.
The
terms
of
13
the
public
members
shall
be
staggered
at
the
discretion
of
the
14
governor.
15
(2)
Sections
69.16,
69.16A,
and
69.19
shall
apply
to
the
16
public
members
of
the
council.
17
(3)
Public
members
appointed
by
the
governor
are
subject
to
18
senate
confirmation.
19
(4)
Public
members
appointed
by
the
governor
may
be
eligible
20
to
receive
compensation
as
provided
in
section
7E.6.
21
(5)
Members
shall
be
reimbursed
for
actual
and
necessary
22
expenses
incurred
in
performance
of
the
members’
duties.
23
(6)
A
director,
deputy
director,
or
employee
with
24
information
technology
expertise
of
an
agency
is
preferred
as
25
an
appointed
representative
for
each
of
the
agency
categories
26
of
membership
pursuant
to
paragraph
“a”
,
subparagraph
(3).
27
c.
The
technology
advisory
council
annually
shall
elect
a
28
chair
and
a
vice
chair
from
among
the
members
of
the
council,
29
by
majority
vote,
to
serve
one-year
terms.
30
d.
A
majority
of
the
members
of
the
council
shall
constitute
31
a
quorum.
32
e.
Meetings
of
the
council
shall
be
held
at
the
call
of
the
33
chairperson
or
at
the
request
of
three
members.
34
3.
Powers
and
duties
of
the
council.
The
powers
and
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duties
of
the
technology
advisory
council
as
they
relate
to
1
information
technology
services
shall
include
but
are
not
2
limited
to
all
of
the
following:
3
a.
Advise
the
chief
information
officer
in
developing
and
4
adopting
information
technology
standards
pursuant
to
sections
5
8A.203
and
8A.206
applicable
to
all
agencies.
6
b.
Make
recommendations
to
the
chief
information
officer
7
regarding
all
of
the
following:
8
(1)
Technology
utility
services
to
be
implemented
by
the
9
department
or
other
agencies.
10
(2)
Improvements
to
information
technology
service
11
levels
and
modifications
to
the
business
continuity
plan
for
12
information
technology
operations
developed
by
the
department
13
for
agencies,
and
to
maximize
the
value
of
information
14
technology
investments
by
the
state.
15
(3)
Technology
initiatives
for
the
executive
branch.
16
c.
Advise
the
department
regarding
rates
to
be
charged
17
for
access
to
and
for
value-added
services
performed
through
18
IowAccess.
19
Sec.
15.
Section
8A.205,
subsection
2,
paragraph
f,
Code
20
2009,
is
amended
by
striking
the
paragraph
and
inserting
in
21
lieu
thereof
the
following:
22
f.
Assist
participating
agencies
in
converting
printed
23
government
materials
to
electronic
materials
which
can
be
24
accessed
through
an
internet
searchable
database.
25
Sec.
16.
Section
8A.206,
subsection
1,
Code
2009,
is
amended
26
to
read
as
follows:
27
1.
The
department,
in
conjunction
after
consultation
with
28
the
technology
governance
board
advisory
council
,
shall
develop
29
and
adopt
information
technology
standards
applicable
to
the
30
procurement
of
information
technology
by
all
participating
31
agencies.
Such
standards,
unless
waived
by
the
department
32
pursuant
to
section
8A.202,
subsection
4A
,
shall
apply
to
all
33
information
technology
procurements
for
participating
agencies.
34
Sec.
17.
Section
8A.207,
Code
2009,
is
amended
by
adding
the
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following
new
subsection:
1
NEW
SUBSECTION
.
2A.
The
department
shall
develop
policies
2
and
procedures
that
apply
to
all
information
technology
goods
3
and
services
acquisitions,
and
shall
ensure
the
compliance
4
of
all
participating
agencies.
The
department
shall
also
be
5
the
sole
provider
of
infrastructure
services
for
participating
6
agencies.
7
Sec.
18.
Section
8A.221,
Code
2009,
is
amended
by
striking
8
the
section
and
inserting
in
lieu
thereof
the
following:
9
8A.221
IowAccess
——
duties
and
responsibilities.
10
1.
IowAccess.
The
department
shall
establish
IowAccess
as
11
a
service
to
the
citizens
of
this
state
that
is
the
gateway
12
for
one-stop
electronic
access
to
government
information
and
13
transactions,
whether
federal,
state,
or
local.
Except
as
14
provided
in
this
section,
IowAccess
shall
be
a
state-funded
15
service
providing
access
to
government
information
and
16
transactions.
The
department,
in
establishing
the
fees
for
17
value-added
services,
shall
consider
the
reasonable
cost
of
18
creating
and
organizing
such
government
information
through
19
IowAccess.
20
2.
Duties.
The
department
shall
do
all
of
the
following:
21
a.
Establish
rates
to
be
charged
for
access
to
and
for
22
value-added
services
performed
through
IowAccess.
23
b.
Approve
and
establish
the
priority
of
projects
24
associated
with
IowAccess.
The
determination
may
also
include
25
requirements
concerning
funding
for
a
project
proposed
by
26
a
political
subdivision
of
the
state
or
an
association,
27
the
membership
of
which
is
comprised
solely
of
political
28
subdivisions
of
the
state.
Prior
to
approving
a
project
29
proposed
by
a
political
subdivision,
the
department
shall
30
verify
that
all
of
the
following
conditions
are
met:
31
(1)
The
proposed
project
provides
a
benefit
to
the
state.
32
(2)
The
proposed
project,
once
completed,
can
be
shared
33
with
and
used
by
other
political
subdivisions
of
the
state,
as
34
appropriate.
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(3)
The
state
retains
ownership
of
any
final
product
or
is
1
granted
a
permanent
license
to
the
use
of
the
product.
2
c.
Establish
expected
outcomes
and
effects
of
the
use
of
3
IowAccess
and
determine
the
manner
in
which
such
outcomes
are
4
to
be
measured
and
evaluated.
5
d.
Establish
the
IowAccess
total
budget
request
and
6
ensure
that
such
request
reflects
the
priorities
and
goals
of
7
IowAccess
as
established
by
the
department.
8
e.
Advocate
for
access
to
government
information
and
9
services
through
IowAccess
and
for
data
privacy
protection,
10
information
ethics,
accuracy,
and
security
in
IowAccess
11
programs
and
services.
12
f.
Receive
status
and
operations
reports
associated
with
13
IowAccess.
14
3.
Data
purchasing.
This
section
shall
not
be
construed
15
to
impair
the
right
of
a
person
to
contract
to
purchase
16
information
or
data
from
the
Iowa
court
information
system
17
or
any
other
governmental
entity.
This
section
shall
not
be
18
construed
to
affect
a
data
purchase
agreement
or
contract
in
19
existence
on
April
25,
2000.
20
Sec.
19.
Section
8A.224,
subsection
1,
Code
Supplement
21
2009,
is
amended
to
read
as
follows:
22
1.
An
IowAccess
revolving
fund
is
created
in
the
state
23
treasury.
The
revolving
fund
shall
be
administered
by
the
24
department
and
shall
consist
of
moneys
collected
by
the
25
department
as
fees,
moneys
appropriated
by
the
general
26
assembly,
and
any
other
moneys
obtained
or
accepted
by
the
27
department
for
deposit
in
the
revolving
fund.
The
proceeds
28
of
the
revolving
fund
are
appropriated
to
and
shall
be
used
29
by
the
department
to
maintain,
develop,
operate,
and
expand
30
IowAccess
consistent
with
this
subchapter,
and
for
the
support
31
of
activities
of
the
technology
governance
board
advisory
32
council
pursuant
to
section
8A.204.
33
Sec.
20.
REPEAL.
Section
8A.223,
Code
2009,
is
repealed.
34
Sec.
21.
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
INFORMATION
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TECHNOLOGY
——
UTILIZATION
BY
LEGISLATIVE
AND
JUDICIAL
1
BRANCH.
The
department
of
administrative
services
shall
2
consult
with
and
explore
opportunities
with
the
legislative
3
and
judicial
branches
of
government
relative
to
the
providing
4
of
information
technology
services
to
those
branches
of
5
government.
6
Sec.
22.
CHIEF
INFORMATION
OFFICER
——
CONVENIENCE
FEE
7
STUDY.
The
chief
information
officer
of
the
state
shall
8
conduct
a
study
concerning
convenience
or
other
handling
fees
9
charged
by
state
agencies
by
credit
or
debit
card
or
other
10
electronic
means
of
payment.
The
goal
of
the
study
would
be
to
11
encourage
the
elimination
of
such
fees
wherever
possible.
The
12
department
shall
determine
the
extent
and
amount
of
the
fees
13
charged,
revenues
generated
by
those
fees,
and
explore
ways
to
14
reduce
or
eliminate
the
fees.
The
chief
information
officer
15
shall
submit
a
report
to
the
general
assembly
by
January
15,
16
2011,
concerning
the
results
of
the
study,
including
any
17
recommendations
for
legislative
consideration.
18
Sec.
23.
STATE
AGENCY
ELECTRONIC
RENEWAL
NOTICES.
State
19
agencies,
as
defined
in
section
8A.101,
should,
to
the
greatest
20
extent
possible,
utilize
electronic
mail
or
similar
electronic
21
means
to
notify
holders
of
licenses
or
permits
issued
by
that
22
state
agency
that
the
license
or
permit
needs
to
be
renewed.
23
The
chief
information
officer
of
the
state
shall
assist
state
24
agencies
in
implementing
the
directive
in
this
section.
25
DIVISION
II
26
ELECTRONIC
RECORDS
27
Sec.
24.
Section
7A.11A,
Code
2009,
is
amended
to
read
as
28
follows:
29
7A.11A
Reports
to
the
general
assembly.
30
All
reports
required
to
be
filed
with
the
general
assembly
by
31
a
state
department
or
agency
shall
be
filed
by
delivering
one
32
printed
copy
and
one
copy
in
electronic
format
as
prescribed
by
33
the
secretary
of
the
senate
and
the
chief
clerk
of
the
house.
34
Sec.
25.
STUDY
——
CREATION,
STORAGE,
AND
RETENTION
OF
35
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ELECTRONIC
RECORDS
——
STATE
AGENCIES.
The
departments
of
1
administrative
services
and
cultural
affairs,
in
consultation
2
with
the
state
records
commission,
shall
conduct
a
study
on
and
3
make
recommendations
for
the
creation,
storage,
and
retention
4
of
state
agency
records
in
an
electronic
format
and
shall
5
submit
a
report
containing
the
recommendations
to
the
general
6
assembly
by
December
15,
2010.
In
conducting
the
study,
the
7
departments
shall
collect
and
assess
information
from
each
8
state
agency
that
includes
an
inventory
of
each
agency’s
9
records
including
the
types
of
agency
records
as
well
as
agency
10
records
series
retention
and
disposition
schedules.
The
11
assessment
shall
include
agency
records
identified
as
having
12
permanent
historical
value
by
the
state
records
commission.
13
The
departments
shall
also
describe
in
the
report
what
14
efficiencies
and
cost-saving
efforts
could
be
achieved
through
15
the
creation,
storage,
and
maintenance
of
such
records
in
an
16
electronic
format.
17
DIVISION
III
18
PUBLICATION
MODERNIZATION
19
Sec.
26.
Section
2.42,
subsection
13,
Code
2009,
is
amended
20
to
read
as
follows:
21
13.
To
establish
policies
with
regard
to
the
publishing
22
of
printed
and
electronic
versions
of
legal
publications
23
as
provided
in
chapters
2A
and
2B,
including
the
Iowa
24
administrative
code,
the
Iowa
administrative
bulletin,
the
25
Iowa
Code,
the
Iowa
Code
Supplement,
and
the
Iowa
Acts
Acts,
26
Iowa
Code,
Code
Supplement,
Iowa
administrative
bulletin,
27
Iowa
administrative
code,
and
Iowa
court
rules
,
or
any
part
28
of
those
publications.
The
publishing
policies
may
include,
29
but
are
not
limited
to:
the
style
and
format
to
be
used;
the
30
frequency
of
publication;
the
contents
of
the
publications;
31
the
numbering
system
systems
to
be
used
in
the
Iowa
Code,
the
32
Iowa
Code
Supplement,
and
the
Iowa
Acts
;
the
preparation
of
33
editorial
comments
or
notations;
the
correction
of
errors;
34
the
type
of
print
or
electronic
media
and
data
processing
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software
to
be
used;
the
number
of
printed
volumes
to
be
1
published;
recommended
revisions
of
the
Iowa
Code,
the
Iowa
2
Code
Supplement,
and
the
Iowa
Acts
;
the
letting
of
contracts
3
for
the
publication
of
the
Iowa
administrative
code,
the
Iowa
4
administrative
bulletin,
the
Iowa
court
rules,
the
Iowa
Code,
5
the
Iowa
Code
Supplement,
and
the
Iowa
Acts
;
the
pricing
of
6
the
publications
to
which
section
22.3
does
not
apply;
access
7
to,
and
the
use,
reproduction,
legal
protection,
sale
or
8
distribution,
and
pricing
of
related
data
processing
software
9
consistent
with
chapter
22;
and
any
other
matters
deemed
10
necessary
to
the
publication
of
uniform
and
understandable
11
publications.
12
Sec.
27.
Section
2A.1,
subsection
2,
paragraph
d,
Code
2009,
13
is
amended
to
read
as
follows:
14
d.
Publication
of
the
official
legal
publications
of
15
the
state,
including
but
not
limited
to
the
Iowa
Acts,
Iowa
16
Code,
Iowa
Code
Supplement,
Iowa
Acts,
Iowa
court
rules,
Iowa
17
administrative
bulletin,
and
Iowa
administrative
code
,
and
18
Iowa
court
rules
as
provided
in
chapter
2B.
The
legislative
19
services
agency
shall
do
all
of
the
following:
20
(1)
Designate
a
legal
publication
described
in
chapter
2B
as
21
an
official
legal
publication.
The
legislative
services
agency
22
may
also
designate
a
legal
publication
as
an
unofficial
legal
23
publication.
The
legislative
services
agency
may
use
the
great
24
seal
of
the
state
of
Iowa
as
provided
in
section
1A.1
or
other
25
symbol
to
identify
an
official
or
unofficial
legal
publication.
26
(2)
Provide
for
citing
official
legal
publications
as
27
provided
in
chapter
2B.
28
Sec.
28.
Section
2A.5,
subsection
1,
Code
2009,
is
amended
29
to
read
as
follows:
30
1.
The
legislative
services
agency
shall
publish
the
31
official
legal
publications
of
the
state
as
provided
in
chapter
32
2B.
The
legislative
services
agency
shall
have
legal
custody
of
33
the
publications
and
shall
provide
for
the
warehousing,
sale,
34
and
distribution
of
the
publications.
The
legislative
services
35
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agency
shall
retain
or
cause
to
be
retained
a
number
of
old
1
editions
of
the
publications
but
may
otherwise
distribute
or
2
cause
to
be
distributed
old
editions
of
the
publications
to
any
3
person
upon
payment
by
the
person
of
any
distribution
costs.
4
This
section
and
chapter
2B
do
not
require
the
legislative
5
services
agency
to
publish
a
publication
in
both
a
printed
and
6
electronic
version.
7
Sec.
29.
Section
2A.5,
subsection
2,
paragraph
b,
Code
2009,
8
is
amended
to
read
as
follows:
9
b.
The
Iowa
Code
Supplement.
10
Sec.
30.
Section
2A.5,
subsection
3,
Code
2009,
is
amended
11
to
read
as
follows:
12
3.
The
legislative
services
agency
shall
in
each
13
odd-numbered
year
compile
for
publication
and
distribute
in
14
odd-numbered
years
a
printed
or
electronic
version
of
the
Iowa
15
official
register
for
distribution
as
soon
as
practicable
.
16
The
register
shall
contain
historical,
political,
and
other
17
information
and
statistics
of
general
value
but
shall
not
18
contain
information
or
statistics
of
a
partisan
character.
The
19
print
printed
and
electronic
versions
of
the
register
need
20
not
contain
the
same
information
and
statistics
but
shall
be
21
published
to
provide
the
greatest
access
to
such
information
22
and
statistics
at
the
most
reasonable
cost
as
determined
by
the
23
legislative
services
agency.
The
different
versions
of
the
24
register
may
be
distributed
free
of
charge,
may
be
distributed
25
free
of
charge
except
for
postage
and
handling
charges,
or
26
may
be
sold
at
a
price
to
be
established
by
the
legislative
27
services
agency.
28
Sec.
31.
Section
2A.6,
Code
2009,
is
amended
to
read
as
29
follows:
30
2A.6
Special
distribution
of
legal
publications
31
——
restrictions
on
free
distributions
.
32
1.
The
legislative
services
agency
shall
make
free
33
distribution
of
the
available
electronic
or
printed
versions
34
of
the
official
legal
publications
listed
in
section
2A.5,
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subsection
2
,
subject
to
payment
of
any
routine
distribution
1
costs
such
as
but
not
limited
to
mailing
and
handling
costs,
to
2
the
three
branches
of
state
government,
to
elected
county
3
officers,
to
county
and
city
assessors,
to
Iowa’s
congressional
4
delegation,
to
federal
courts
in
Iowa
and
federal
judges
and
5
magistrates
for
Iowa,
and
to
state
and
university
depository
6
libraries,
the
library
of
Congress,
and
the
library
of
the
7
United
States
supreme
court.
Only
such
officers,
offices,
and
8
agencies
entitled
to
or
receiving
free
copies
during
the
fiscal
9
year
beginning
July
1,
2002,
and
ending
June
30,
2003,*
shall
10
be
entitled
to
continue
to
receive
free
copies
in
subsequent
11
years,
except
that
successor
and
new
officers,
offices,
and
12
agencies
shall
receive
a
reasonable
number
of
free
copies
as
13
determined
by
the
legislative
services
agency.
Such
officers,
14
offices,
and
agencies
shall
annually
review
the
number
of
15
copies
received
in
the
prior
year
to
determine
if
the
number
of
16
copies
received
can
be
reduced
and
shall
submit
the
information
17
in
a
report
to
the
legislative
services
agency.
The
number
of
18
copies
received,
once
reduced,
shall
not
be
increased
to
the
19
previous
level
without
the
express
consent
of
the
legislative
20
services
agency.
21
2.
Each
officer,
office,
or
agency
receiving
one
or
more
22
free
copies
of
a
publication
under
this
section
shall
only
23
receive
up
to
the
number
of
copies
indicated
free
at
the
time
24
of
initial
distribution.
If
an
officer,
office,
or
agency
25
receiving
one
or
more
free
copies
of
a
publication
under
26
this
section
desires
additional
copies
beyond
the
number
27
initially
received,
the
officer,
office,
or
agency
must
request
28
the
additional
copies
and
pay
the
normal
charge
for
such
29
publication.
30
3.
If
a
version
of
a
publication
provided
under
this
31
section
is
available
in
an
electronic
format,
the
legislative
32
services
agency
may
establish
policies
providing
for
the
33
substitution
of
an
electronic
version
for
the
printed
version
34
of
the
publication,
and
for
the
amount
of
payment,
if
any,
35
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required
for
the
electronic
publication.
The
payment
amount
1
shall
not
be
more
than
established
pursuant
to
section
2A.5
for
2
the
same
publication.
For
the
Iowa
administrative
code
and
3
its
supplements,
the
legislative
services
agency
may
provide
4
that
the
distribution
requirement
of
this
section
is
met
by
5
distributing
relevant
portions
of
the
Iowa
administrative
code
6
or
its
supplements
in
either
a
printed
or
electronic
format.
7
4.
2.
Notwithstanding
any
provision
of
this
section
to
the
8
contrary,
the
The
legislative
services
agency
may
review
the
9
publication
costs
and
offsetting
sales
revenues
relating
to
10
legal
publications
in
electronic
and
printed
formats
,
and
may
.
11
If
a
legal
publication
is
available
in
an
electronic
version,
12
the
legislative
services
agency
may
provide
the
version
free
13
of
charge
or
may
charge
a
fee
for
any
mailing
or
handling
costs
14
in
the
distribution
of
the
electronic
version
or
may
charge
a
15
fee
for
an
electronic
version
which
includes
programming
not
16
originally
part
of
the
stored
information,
including
but
not
17
limited
to
search
and
retrieval
functions.
The
legislative
18
services
agency
shall
establish
policies
requiring
payment
for
19
any
printed
versions
of
the
official
legal
publications
from
20
persons
otherwise
entitled
to
receive
them
at
no
cost
or
at
21
a
price
covering
distribution
costs
to
whom
the
legislative
22
services
agency
is
obligated
to
make
the
legal
publications
23
available
pursuant
to
subsection
1.
The
payment
amount
shall
24
not
be
more
than
established
pursuant
to
section
2A.5
for
the
25
same
publication.
26
Sec.
32.
Section
2B.5,
subsections
1
and
2,
Code
2009,
27
are
amended
by
striking
the
subsections
and
inserting
in
lieu
28
thereof
the
following:
29
1.
Publish
the
Iowa
administrative
bulletin
and
the
Iowa
30
administrative
code
as
provided
in
section
2B.5A.
31
2.
Publish
the
Iowa
court
rules
as
provided
in
section
32
2B.5B.
33
Sec.
33.
Section
2B.5,
subsection
3,
Code
2009,
is
amended
34
to
read
as
follows:
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3.
Cause
to
be
published
annually
a
Publish
annually
an
1
electronic
or
printed
edition
of
the
roster
of
state
officials.
2
The
roster
of
state
officials
shall
include
a
correct
list
of
3
state
officers
and
deputies;
members
of
boards
and
commissions;
4
justices
of
the
supreme
court,
judges
of
the
court
of
appeals,
5
and
judges
of
the
district
courts
including
district
associate
6
judges
and
judicial
magistrates;
and
members
of
the
general
7
assembly.
The
office
of
the
governor
shall
cooperate
in
the
8
preparation
of
the
list.
9
Sec.
34.
NEW
SECTION
.
2B.5A
Iowa
administrative
bulletin
10
and
Iowa
administrative
code.
11
1.
The
legislative
services
agency
shall
control
and
12
maintain
in
a
secure
electronic
repository
custodial
13
information
used
to
produce
the
Iowa
administrative
bulletin
14
and
the
Iowa
administrative
code.
15
2.
In
consultation
with
the
administrative
rules
16
coordinator,
the
administrative
code
editor
shall
prescribe
17
a
uniform
style
and
form
required
for
a
person
filing
a
18
document
for
publication
in
the
Iowa
administrative
bulletin
19
or
the
Iowa
administrative
code,
including
but
not
limited
20
to
a
rulemaking
document.
A
rulemaking
document
includes
a
21
notice
of
intended
action
as
provided
in
section
17A.4
or
an
22
adopted
rule
for
filing
as
provided
in
section
17A.5.
The
23
rulemaking
document
shall
correlate
each
rule
to
the
uniform
24
numbering
system
established
by
the
administrative
code
editor.
25
The
administrative
code
editor
shall
provide
for
electronic
26
publication
of
the
Iowa
administrative
bulletin
and
the
Iowa
27
administrative
code.
The
administrative
code
editor
shall
28
review
all
submitted
documents
for
style
and
form
and
notify
29
the
administrative
rules
coordinator
if
a
rulemaking
document
30
is
not
in
proper
style
or
form,
and
may
return
or
revise
a
31
document
which
is
not
in
proper
style
and
form.
The
style
32
and
form
prescribed
shall
require
that
a
rulemaking
document
33
include
a
reference
to
the
statute
which
the
rules
are
intended
34
to
implement.
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3.
a.
The
administrative
code
editor
may
omit
from
the
Iowa
1
administrative
bulletin
or
the
Iowa
administrative
code
any
2
document
for
publication
in
the
Iowa
administrative
bulletin
or
3
the
Iowa
administrative
code,
if
the
administrative
code
editor
4
determines
that
its
publication
would
be
unduly
cumbersome,
5
expensive,
or
otherwise
inexpedient.
The
person
filing
the
6
document
for
publication
shall
provide
the
administrative
7
code
editor
with
an
electronic
version
of
the
document.
The
8
administrative
code
editor
shall
publish
the
document
on
the
9
general
assembly’s
internet
site,
and
publish
a
notice
in
the
10
Iowa
administrative
bulletin
or
the
Iowa
administrative
code
11
stating
the
specific
subject
matter
of
the
omitted
document
and
12
how
the
omitted
document
may
be
accessed.
13
b.
The
administrative
code
editor
shall
omit
or
cause
to
be
14
omitted
from
the
Iowa
administrative
code
any
rule
or
portion
15
of
a
rule
nullified
by
the
general
assembly
pursuant
to
Article
16
III,
section
40,
of
the
Constitution
of
the
State
of
Iowa.
17
4.
The
administrative
code
editor
who
receives
a
18
publication
from
an
agency
because
the
publication
is
19
referenced
in
the
Iowa
administrative
bulletin
or
Iowa
20
administrative
code
shall
make
the
publication
available
to
the
21
public
pursuant
to
section
17A.6.
22
5.
The
administrative
code
editor
shall
publish
the
Iowa
23
administrative
bulletin
in
accordance
with
section
2.42
at
24
least
every
other
week,
unless
the
administrative
code
editor
25
and
the
administrative
rules
review
committee
determine
26
that
an
alternative
publication
schedule
is
preferable.
The
27
administrative
code
editor
shall
provide
for
the
arrangement
of
28
the
contents
of
the
Iowa
administrative
bulletin.
29
a.
The
Iowa
administrative
bulletin
shall
contain
all
of
the
30
following:
31
(1)
Rulemaking
documents,
including
notices
of
intended
32
action
as
provided
in
section
17A.4,
and
rules
adopted
and
33
effective
immediately
upon
filing
and
rules
adopted
and
filed
34
as
provided
in
section
17A.5.
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(2)
Resolutions
nullifying
administrative
rules
passed
by
1
the
general
assembly
pursuant
to
Article
III,
section
40
of
the
2
Constitution
of
the
State
of
Iowa.
3
(3)
All
proclamations
and
executive
orders
of
the
governor
4
which
are
general
and
permanent
in
nature.
5
(4)
Other
materials
deemed
fitting
and
proper
by
the
6
administrative
rules
review
committee.
7
(5)
Items
required
to
be
published
by
statute.
8
(6)
A
comprehensive
method
to
search
and
identify
its
9
contents.
An
electronic
version
may
include
search
and
10
retrieval
programming
and
index.
11
b.
The
Iowa
administrative
bulletin
may
contain
all
of
the
12
following:
13
(1)
A
preface.
14
(2)
A
rulemaking
schedule.
15
(3)
The
agenda
for
the
next
meeting
of
the
administrative
16
rules
review
committee
as
provided
in
section
17A.8,
if
17
available.
18
(4)
A
schedule
of
known
public
hearings.
19
(5)
A
list
of
agencies
referenced
by
agency
identification
20
number.
21
6.
The
administrative
code
editor
shall
publish
the
Iowa
22
administrative
code
in
accordance
with
section
2.42
at
least
23
every
other
week,
unless
the
administrative
code
editor
and
24
the
administrative
rules
review
committee
determine
that
an
25
alternative
publication
schedule
is
preferable.
However,
the
26
legislative
services
agency
may
publish
supplements
in
lieu
of
27
the
Iowa
administrative
code.
The
administrative
code
editor
28
shall
provide
for
the
arrangement
of
the
Iowa
administrative
29
code.
30
a.
The
Iowa
administrative
code
shall
include
all
of
the
31
following:
32
(1)
Rules
of
general
application
adopted
and
filed
with
33
the
administrative
code
editor
by
state
agencies.
However,
34
the
administrative
code
editor
may
delete
a
rule
from
the
Iowa
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2088
administrative
code
if
the
agency
that
adopted
the
rule
has
1
ceased
to
exist,
no
successor
agency
has
jurisdiction
over
the
2
rule,
and
no
statutory
authority
exists
supporting
the
rule.
3
(2)
A
comprehensive
method
to
search
and
identify
its
4
contents,
including
rules.
5
(a)
An
electronic
version
may
include
search
and
retrieval
6
programming
and
index.
7
(b)
A
print
edition
may
include
an
index.
8
b.
The
Iowa
administrative
code
may
include
all
of
the
9
following:
10
(1)
A
preface.
11
(2)
Uniform
rules
on
agency
procedure.
12
Sec.
35.
NEW
SECTION
.
2B.5B
Iowa
court
rules.
13
1.
The
legislative
services
agency
shall
control
and
14
maintain
in
a
secure
electronic
repository
custodial
15
information
used
to
produce
the
Iowa
court
rules.
16
2.
The
administrative
code
editor,
upon
direction
by
17
the
Iowa
supreme
court
and
in
accordance
with
the
policies
18
of
the
legislative
council
pursuant
to
section
2.42
and
the
19
legislative
services
agency
pursuant
to
section
2A.1,
shall
20
prescribe
a
uniform
style
and
form
required
for
filing
a
21
document
for
publication
in
the
Iowa
court
rules.
The
document
22
shall
correlate
each
rule
to
the
uniform
numbering
system.
23
The
administrative
code
editor
shall
provide
for
electronic
24
publication
of
the
Iowa
court
rules.
The
administrative
code
25
editor
shall
review
all
submitted
documents
for
style
and
form
26
and
notify
the
Iowa
supreme
court
if
a
rulemaking
document
27
is
not
in
proper
style
or
form,
and
may
return
or
revise
a
28
document
which
is
not
in
proper
style
and
form.
29
3.
a.
The
administrative
code
editor
shall
publish
the
30
Iowa
court
rules
in
accordance
with
section
2.42.
However,
the
31
legislative
services
agency
may
publish
supplements
in
lieu
of
32
the
Iowa
court
rules.
The
administrative
code
editor
shall
33
provide
for
arrangement
of
the
Iowa
court
rules
in
consultation
34
with
the
Iowa
supreme
court.
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b.
The
Iowa
court
rules
shall
include
all
of
the
following:
1
(1)
Rules
prescribed
by
the
supreme
court,
which
may
include
2
the
Iowa
rules
of
civil
procedure,
the
Iowa
rules
of
criminal
3
procedure,
the
Iowa
rules
of
evidence,
the
Iowa
rules
of
4
appellate
procedure,
the
Iowa
rules
of
professional
conduct,
5
and
the
Iowa
code
of
judicial
conduct.
6
(2)
A
comprehensive
method
to
search
and
identify
its
7
contents,
including
court
rules.
8
(a)
An
electronic
version
may
include
search
and
retrieval
9
programming
and
index.
10
(b)
A
print
version
shall
include
an
index.
11
c.
The
Iowa
court
rules
may
include
all
of
the
following:
12
(1)
A
preface.
13
(2)
Tables,
including
tables
of
corresponding
rule
numbers.
14
Sec.
36.
Section
2B.6,
subsections
2
and
3,
Code
2009,
15
are
amended
by
striking
the
subsections
and
inserting
in
lieu
16
thereof
the
following:
17
2.
Provide
for
the
publication
of
all
of
the
following:
18
a.
The
Iowa
Acts
as
provided
in
section
2B.10.
19
b.
The
Iowa
Code
or
Code
Supplement,
as
provided
in
section
20
2B.12.
21
Sec.
37.
Section
2B.10,
Code
2009,
is
amended
to
read
as
22
follows:
23
2B.10
Iowa
Acts.
24
1.
The
legislative
services
agency
shall
control
and
25
maintain
in
a
secure
electronic
repository
custodial
26
information
used
to
produce
the
Iowa
Acts.
27
2.
The
legislative
services
agency
shall
publish
the
annual
28
edition
of
the
Iowa
Acts
as
soon
as
possible
after
the
final
29
adjournment
of
a
regular
session
of
the
general
assembly.
The
30
legislative
services
agency
may
also
publish
an
updated
edition
31
of
the
Iowa
Acts
or
a
supplement
to
the
Iowa
Acts
after
a
32
special
session
of
the
general
assembly.
33
1.
3.
a.
The
arrangement
of
the
Acts
and
resolutions,
34
and
the
size,
style,
type,
binding,
general
arrangement,
and
35
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tables
of
the
Iowa
Acts
,
appearance,
and
contents
of
the
Iowa
1
Acts
shall
be
printed
and
published
in
the
manner
determined
2
by
the
Iowa
Code
editor
in
accordance
with
the
policies
set
3
by
the
of
the
legislative
council
and
legislative
services
4
agency
as
provided
in
section
2.42.
5
2.
b.
Chapters
of
The
bills
and
joint
resolutions
of
the
6
Iowa
Acts
may
be
arranged
by
chapter,
numbered
from
one
for
the
7
first
regular
session
shall
be
numbered
from
one
and
chapters
8
of
the
second
regular
session
shall
be
and
numbered
from
one
9
thousand
one
for
the
second
regular
session
.
10
4.
The
Iowa
Acts
shall
include
all
of
the
following:
11
a.
A
preface.
12
b.
A
table
of
contents.
13
3.
c.
A
list
of
elective
state
officers
and
deputies,
14
supreme
court
justices,
judges
of
the
court
of
appeals,
15
and
members
of
the
general
assembly
shall
be
published
annually
16
with
the
Iowa
Acts
,
and
members
of
Iowa’s
congressional
17
delegation
.
18
4.
d.
A
statement
of
the
condition
of
the
state
treasury
19
shall
be
included,
as
provided
by
Article
III,
section
18,
20
of
the
Constitution
of
the
State
of
Iowa.
The
statement
shall
21
be
furnished
to
the
legislative
services
agency
by
the
director
22
of
the
department
of
administrative
services.
23
e.
An
analysis
of
its
chapters.
24
f.
The
text
of
bills
that
have
been
enacted
and
joint
25
resolutions
that
have
been
enacted
or
passed
by
the
general
26
assembly,
including
text
indicating
items
disapproved
in
27
appropriation
bills.
28
g.
Messages
transmitted
by
the
governor
disapproving
items
29
in
appropriation
bills.
30
h.
A
notation
of
the
filing
of
an
estimate
of
a
state
31
mandate
prepared
by
the
legislative
services
agency
pursuant
32
to
section
25B.5.
33
i.
Tables
including
any
analysis
of
tables.
34
j.
A
comprehensive
method
to
search
and
identify
its
35
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contents,
including
the
text
of
bills
that
have
been
enacted
1
and
joint
resolutions
that
have
been
enacted
or
passed
by
the
2
general
assembly.
3
(1)
An
electronic
version
may
include
search
and
retrieval
4
programming
and
an
index
and
a
summary
index.
5
(2)
A
print
version
may
include
an
index
and
a
summary
6
index.
7
k.
Other
reference
material
as
determined
by
the
Iowa
Code
8
editor
in
accordance
with
any
policies
of
the
legislative
9
council.
10
5.
The
enrolling
clerks
of
the
house
and
senate
shall
11
arrange
for
the
Iowa
Code
editor
to
receive
suitable
copies
of
12
all
Acts
and
resolutions
as
soon
as
they
are
enrolled.
13
6.
A
notation
of
the
filing
of
an
estimate
of
a
state
14
mandate
prepared
by
the
legislative
services
agency
pursuant
to
15
section
25B.5
shall
be
included
in
the
Iowa
Acts
with
the
text
16
of
an
enacted
bill
or
joint
resolution
containing
the
state
17
mandate.
18
Sec.
38.
Section
2B.12,
subsections
1
and
2,
Code
2009,
are
19
amended
to
read
as
follows:
20
1.
The
legislative
services
agency
shall
control
and
21
maintain
in
a
secure
electronic
repository
custodial
22
information
used
to
publish
the
Iowa
Code.
23
1.
2.
A
new
Iowa
Code
shall
be
issued
The
legislative
24
services
agency
shall
publish
an
annual
edition
of
the
Iowa
25
Code
as
soon
as
possible
after
the
final
adjournment
of
the
26
second
a
regular
session
of
the
a
general
assembly.
A
However,
27
the
legislative
services
agency
may
publish
a
new
Code
28
Supplement
shall
be
issued
in
lieu
of
the
Iowa
Code
as
soon
as
29
possible
after
the
first
final
adjournment
of
a
regular
session
30
of
the
a
general
assembly.
A
The
legislative
services
agency
31
may
publish
a
new
edition
of
the
Iowa
Code
or
Code
Supplement
32
may
be
issued
as
soon
as
possible
after
the
final
adjournment
33
of
a
special
session
of
the
general
assembly
or
as
required
by
34
the
legislative
council
.
35
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2.
The
entire
Iowa
Code
shall
be
maintained
on
a
computer
1
database
which
shall
be
updated
as
soon
as
possible
after
2
each
session
of
the
general
assembly.
The
Iowa
Code
and
Code
3
Supplement
shall
be
prepared
and
printed
on
a
good
quality
4
of
paper
in
one
or
more
volumes,
in
the
manner
determined
by
5
the
Iowa
Code
editor
in
accordance
with
the
policies
of
the
6
legislative
council,
as
provided
in
section
2.42
.
7
Sec.
39.
Section
2B.12,
subsection
5,
Code
2009,
is
amended
8
by
striking
the
subsection.
9
Sec.
40.
Section
2B.12,
subsection
6,
unnumbered
paragraph
10
1,
Code
2009,
is
amended
to
read
as
follows:
11
The
Iowa
Code
published
after
the
second
regular
session
of
12
the
general
assembly
shall
include
all
of
the
following
:
13
Sec.
41.
Section
2B.12,
subsection
6,
paragraph
a,
Code
14
2009,
is
amended
by
striking
the
paragraph.
15
Sec.
42.
Section
2B.12,
subsection
6,
paragraph
h,
Code
16
2009,
is
amended
by
striking
the
paragraph
and
inserting
in
17
lieu
thereof
the
following:
18
h.
The
arrangement
of
the
Code
into
distinct
units,
as
19
established
by
the
legislative
services
agency,
which
may
20
include
titles,
subunits
of
titles,
chapters,
subunits
of
21
chapters,
and
sections,
and
subunits
of
sections.
The
distinct
22
units
shall
be
numbered
and
may
include
names.
23
Sec.
43.
Section
2B.12,
subsection
6,
paragraph
j,
Code
24
2009,
is
amended
to
read
as
follows:
25
j.
A
comprehensive
index
and
a
summary
index
covering
method
26
to
search
and
identify
its
contents,
including
the
text
of
the
27
Constitution
and
statutes
of
the
State
of
Iowa.
28
(1)
An
electronic
version
may
include
search
and
retrieval
29
programming,
analysis
of
titles
and
chapters,
and
an
index
and
30
a
summary
index.
31
(2)
A
print
version
shall
include
an
analysis
of
titles
and
32
chapters,
and
an
index
and
a
summary
index.
33
Sec.
44.
Section
2B.12,
Code
2009,
is
amended
by
adding
the
34
following
new
subsection:
35
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NEW
SUBSECTION
.
6A.
The
Iowa
Code
may
include
all
of
the
1
following:
2
a.
A
preface.
3
b.
A
description
of
citations
to
statutes.
4
c.
Abbreviations
to
other
publications
which
may
be
referred
5
to
in
the
Iowa
Code.
6
d.
Appropriate
historical
references
or
source
notes.
7
e.
An
analysis
of
the
Code
by
titles
and
chapters.
8
f.
Other
reference
materials
as
determined
by
the
Iowa
9
Code
editor
in
accordance
with
any
policies
of
the
legislative
10
council.
11
Sec.
45.
Section
2B.12,
subsections
7
and
8,
Code
2009,
are
12
amended
to
read
as
follows:
13
7.
The
A
Code
Supplement
published
after
the
first
regular
14
session
of
the
general
assembly
shall
include
all
of
the
15
following
:
16
a.
All
of
the
The
text
of
statutes
of
Iowa
of
a
general
17
and
permanent
nature
which
that
were
enacted
or
amended
during
18
that
the
preceding
regular
or
special
session,
except
as
19
provided
in
subsection
3
,
and
;
an
indication
of
all
sections
20
repealed
during
that
session
,
;
and
any
amendments
to
the
21
Constitution
of
the
State
of
Iowa
approved
by
the
voters
at
22
the
preceding
general
election
since
the
adjournment
of
the
23
previous
regular
session
of
the
general
assembly
.
24
b.
A
chapter
title
and
number
for
each
chapter
or
part
of
a
25
chapter
included.
26
c.
An
index
covering
the
material
included
A
comprehensive
27
method
to
search
and
identify
its
contents,
including
the
text
28
of
statutes
and
the
Constitution
of
the
State
of
Iowa
.
29
(1)
An
electronic
version
may
include
search
and
retrieval
30
programming
and
an
index
and
a
summary
index.
31
(2)
A
print
version
may
include
an
index
and
a
summary
32
index.
33
8.
A
The
Iowa
Code
or
Code
Supplement
may
include
34
appropriate
tables
showing
the
disposition
of
Acts
of
the
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general
assembly,
the
corresponding
sections
from
edition
1
to
edition
of
a
an
Iowa
Code
or
Code
Supplement,
and
other
2
reference
material
as
determined
by
the
Iowa
Code
editor
in
3
accordance
with
policies
of
the
legislative
council.
4
Sec.
46.
Section
2B.13,
subsection
1,
unnumbered
paragraph
5
1,
Code
2009,
is
amended
to
read
as
follows:
6
The
Iowa
Code
editor
in
preparing
the
copy
for
an
edition
7
of
the
Iowa
Code
or
Iowa
Code
Supplement
shall
not
alter
the
8
sense,
meaning,
or
effect
of
any
Act
of
the
general
assembly,
9
but
may:
10
Sec.
47.
Section
2B.13,
subsection
2,
paragraph
f,
Code
11
2009,
is
amended
to
read
as
follows:
12
f.
Perform
any
other
editorial
tasks
required
or
authorized
13
by
section
17A.6
2B.5A
.
14
Sec.
48.
Section
2B.13,
subsections
3,
4,
5,
and
7,
Code
15
2009,
are
amended
to
read
as
follows:
16
3.
a.
The
Iowa
Code
editor
may,
in
preparing
the
copy
for
17
an
edition
of
the
Iowa
Code
or
Iowa
Code
Supplement,
establish
18
standards
for
and
change
capitalization,
spelling,
and
19
punctuation
in
any
Code
provision
for
purposes
of
uniformity
20
and
consistency
in
Code
language.
21
b.
The
administrative
code
editor
may
establish
standards
22
for
capitalization,
spelling,
and
punctuation
for
purposes
of
23
uniformity
and
consistency
in
the
Iowa
administrative
code.
24
4.
a.
The
Iowa
Code
editor
shall
seek
direction
from
25
the
senate
committee
on
judiciary
and
the
house
committee
26
on
judiciary
when
making
Iowa
Code
or
Iowa
Code
Supplement
27
changes
,
and
the
.
28
b.
The
administrative
code
editor
shall
seek
direction
29
from
the
administrative
rules
review
committee
and
30
the
administrative
rules
coordinator
when
making
Iowa
31
administrative
code
changes,
which
appear
to
require
32
substantial
editing
and
which
might
otherwise
be
interpreted
to
33
exceed
the
scope
of
the
authority
granted
in
this
section.
34
5.
The
Iowa
Code
editor
may
prepare
and
publish
comments
35
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2088
deemed
necessary
for
a
proper
explanation
of
the
manner
1
of
printing
a
section
or
chapter
of
the
Iowa
Code
or
Code
2
Supplement
.
The
Iowa
Code
editor
shall
maintain
a
record
of
3
all
of
the
corrections
made
under
subsection
1.
The
Iowa
Code
4
editor
shall
also
maintain
a
separate
record
of
the
changes
5
made
under
subsection
1,
paragraphs
“b”
through
“h”
.
The
6
records
shall
be
available
to
the
public.
7
7.
a.
The
effective
date
of
all
editorial
changes
in
an
8
edition
of
the
Iowa
Code
or
Iowa
Code
Supplement
is
the
date
9
of
the
Iowa
Code
editor’s
approval
of
the
final
press
proofs
10
for
the
statutory
text
contained
within
that
publication.
The
11
effective
date
of
all
editorial
changes
for
the
or
an
edition
12
of
the
Iowa
administrative
code
is
the
its
publication
date
13
those
changes
are
published
in
the
Iowa
administrative
code
.
A
14
publication
date
is
the
date
the
publication
is
conclusively
15
presumed
to
be
complete,
incorporating
all
revisions
or
16
editorial
changes.
17
b.
The
publication
date
for
the
publications
are
as
follows:
18
(1)
For
the
Iowa
Code
or
Code
Supplement,
the
publication
19
date
is
the
first
day
of
the
next
regular
session
of
the
20
general
assembly
convened
pursuant
to
Article
III,
section
21
2,
of
the
Constitution
of
the
State
of
Iowa.
However,
the
22
legislative
services
agency
may
establish
an
alternative
23
publication
date,
which
may
be
the
date
that
the
publication
is
24
first
available
to
the
public
accessing
the
general
assembly’s
25
internet
site.
The
legislative
services
agency
shall
provide
26
notice
of
such
an
alternative
publication
date
on
the
general
27
assembly’s
internet
site.
28
(2)
The
publication
date
for
the
Iowa
administrative
code
29
is
the
date
that
it
is
first
available
to
the
public
accessing
30
the
general
assembly’s
internet
site
according
to
a
publication
31
schedule
provided
in
section
2B.5A.
32
c.
A
publication
designated
by
the
legislative
services
33
agency
as
unofficial
shall
not
be
used
to
establish
a
34
publication
date.
35
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Sec.
49.
Section
2B.17,
Code
2009,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
2B.17
Official
legal
publications
——
citations.
3
1.
An
official
legal
publication
designated
as
such
by
4
the
legislative
services
agency
as
provided
in
sections
2.42
5
and
2A.1,
is
the
official
and
authoritative
version
of
the
6
statutes,
administrative
rules,
or
court
rules
of
the
state
of
7
Iowa.
8
2.
a.
The
codified
version
of
the
state’s
constitution
9
shall
be
known
as
the
Constitution
of
the
State
of
Iowa.
10
b.
For
statutes,
the
official
versions
of
publications
11
shall
be
known
as
the
Iowa
Acts,
the
Iowa
Code,
and
the
Code
12
Supplement.
13
c.
For
administrative
rules,
the
official
versions
of
the
14
publications
shall
be
known
as
the
Iowa
Administrative
Bulletin
15
and
the
Iowa
Administrative
Code.
16
d.
For
court
rules,
the
official
version
of
the
publication
17
shall
be
known
as
the
Iowa
Court
Rules.
18
3.
The
legislative
services
agency
may
adopt
a
style
manual
19
providing
a
uniform
system
of
citing
the
codified
Constitution
20
of
the
State
of
Iowa
and
the
official
versions
of
publications
21
listed
in
subsection
2,
including
by
reference
to
commonly
22
accepted
legal
sources.
The
legislative
services
agency
23
style
manual
may
provide
for
a
different
form
of
citation
24
for
electronic
and
printed
versions
of
the
same
publication.
25
Nothing
in
this
section
affects
rules
for
style
and
format
26
adopted
pursuant
to
section
2.42.
27
4.
The
codified
Constitution
of
the
State
of
Iowa,
and
28
statutes
enacted
and
joint
resolutions
enacted
or
passed
by
the
29
general
assembly
shall
be
cited
as
follows:
30
a.
The
codified
Constitution
of
the
State
of
Iowa
shall
31
be
cited
as
the
Constitution
of
the
State
of
Iowa,
with
a
32
reference
identifying
the
preamble
or
boundaries,
or
article,
33
section,
and
subunit
of
a
section.
Subject
to
the
legislative
34
services
agency
style
manual,
the
Constitution
of
the
State
of
35
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Iowa
may
be
cited
as
the
Iowa
Constitution.
1
b.
The
Iowa
Acts
shall
be
cited
as
the
Iowa
Acts
with
2
a
reference
identifying
the
year
of
the
publication
in
3
conformance
with
section
2.2,
and
the
chapter
of
a
bill
4
enacted
or
joint
resolution
enacted
or
passed
during
a
regular
5
session,
or
in
the
alternative
the
bill
or
joint
resolution
6
chamber
designation,
and
the
section
of
the
chapter
or
bill
7
or
subunit
of
a
section.
A
bill
or
joint
resolution
enacted
8
or
passed
during
a
special
session
shall
be
cited
by
the
9
extraordinary
session
designation
in
conformance
with
section
10
2.2.
If
the
Iowa
Acts
have
not
been
published,
a
bill
or
joint
11
resolution
may
be
cited
by
its
bill
or
joint
resolution
chamber
12
designation.
13
c.
The
Iowa
Code
shall
be
cited
as
the
Iowa
Code.
The
Code
14
Supplement
shall
be
cited
as
the
Code
Supplement.
Subject
15
to
the
legislative
services
agency
style
manual,
the
Iowa
16
Code
may
be
cited
as
the
Code
of
Iowa
or
Code
and
the
Code
17
Supplement
may
be
cited
as
the
Iowa
Code
Supplement,
with
18
references
identifying
parts
of
the
publication,
including
19
but
not
limited
to
title
or
chapter,
section,
or
subunit
of
a
20
section.
If
the
citation
refers
to
a
past
edition
of
the
Iowa
21
Code
or
Code
Supplement,
the
citation
shall
identify
the
year
22
of
publication.
23
5.
Administrative
rules
shall
be
cited
as
follows:
24
a.
The
Iowa
Administrative
Bulletin
shall
be
cited
as
25
the
IAB,
with
references
identifying
the
volume
number
which
26
may
be
based
on
a
fiscal
year
cycle,
the
issue
number,
and
27
the
ARC
number
assigned
to
the
rulemaking
document
by
the
28
administrative
rules
coordinator
pursuant
to
section
17A.4.
29
Subject
to
the
legislative
services
agency
style
manual,
the
30
citation
may
also
include
the
publication’s
page
number.
31
b.
The
Iowa
Administrative
Code
shall
be
cited
as
the
IAC,
32
with
references
to
an
agency’s
identification
number
placed
at
33
the
beginning
of
the
citation
and
with
references
to
parts
of
34
the
publication,
including
but
not
limited
to
chapter,
rule,
or
35
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subunit
of
a
rule.
1
6.
The
Iowa
Court
Rules
shall
be
cited
as
the
Iowa
Court
2
Rules,
with
references
to
the
rule
number
and
to
subunits
3
of
the
publication,
which
may
include
but
are
not
limited
4
to
the
Iowa
Rules
of
Civil
Procedure,
the
Iowa
Rules
of
5
Criminal
Procedure,
the
Iowa
Rules
of
Evidence,
the
Iowa
6
Rules
of
Appellate
Procedure,
the
Iowa
Rules
of
Professional
7
Conduct,
and
the
Iowa
Code
of
Judicial
Conduct.
Subject
to
8
the
legislative
services
agency
style
manual,
the
names
of
the
9
rules
may
be
abbreviated.
10
Sec.
50.
NEW
SECTION
.
2B.18
Iowa
Code
editor
and
11
administrative
code
editor
——
custody
and
authentication.
12
1.
The
Iowa
Code
editor
is
the
custodian
of
the
official
13
legal
publications
known
as
the
Iowa
Acts,
Iowa
Code,
and
14
Code
Supplement.
The
Iowa
Code
editor
may
attest
to
and
15
authenticate
any
portion
of
such
official
legal
publication
16
for
purposes
of
admitting
a
portion
of
the
official
legal
17
publication
in
any
court
or
office
of
any
state,
territory,
or
18
possession
of
the
United
States
or
in
a
foreign
jurisdiction.
19
2.
The
administrative
code
editor
is
the
custodian
of
the
20
official
legal
publications
known
as
the
Iowa
administrative
21
bulletin,
the
Iowa
administrative
code,
and
the
Iowa
court
22
rules.
The
administrative
code
editor
may
attest
to
and
23
authenticate
any
portion
of
such
official
legal
publication
24
for
purposes
of
admitting
a
portion
of
the
official
legal
25
publication
in
any
court
or
office
of
any
state,
territory,
or
26
possession
of
the
United
States
or
in
a
foreign
jurisdiction.
27
Sec.
51.
Section
7.17,
subsection
2,
Code
2009,
is
amended
28
by
striking
the
subsection.
29
Sec.
52.
Section
17A.4,
subsection
1,
paragraph
a,
Code
30
2009,
is
amended
to
read
as
follows:
31
a.
Give
notice
of
its
intended
action
by
submitting
32
the
notice
to
the
administrative
rules
coordinator
and
33
the
administrative
code
editor.
The
administrative
rules
34
coordinator
shall
assign
an
ARC
number
to
each
rulemaking
35
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255
S.F.
2088
document.
The
administrative
code
editor
shall
publish
1
each
notice
meeting
the
requirements
of
this
chapter
in
the
2
Iowa
administrative
bulletin
created
pursuant
to
section
3
17A.6
2B.5A
.
Any
notice
of
intended
action
shall
be
published
4
at
least
thirty-five
days
in
advance
of
the
action.
The
notice
5
shall
include
a
statement
of
either
the
terms
or
substance
of
6
the
intended
action
or
a
description
of
the
subjects
and
issues
7
involved,
and
the
time
when,
the
place
where,
and
the
manner
in
8
which
interested
persons
may
present
their
views.
9
Sec.
53.
Section
17A.6,
Code
2009,
is
amended
by
striking
10
the
section
and
inserting
in
lieu
thereof
the
following:
11
17A.6
Publications.
12
1.
The
administrative
code
editor
shall
publish
the
Iowa
13
administrative
bulletin
and
the
Iowa
administrative
code
as
14
provided
in
section
2B.5A.
15
2.
An
agency
which
adopts
standards
by
reference
to
16
another
publication
shall
deliver
an
electronic
copy
of
17
the
publication,
or
the
relevant
part
of
the
publication,
18
containing
the
standards
to
the
administrative
code
editor
19
who
shall
publish
it
on
the
general
assembly’s
internet
site.
20
If
an
electronic
copy
of
the
publication
is
not
available,
21
the
agency
shall
deliver
a
printed
copy
of
the
publication
to
22
the
administrative
code
editor
who
shall
deposit
the
copy
in
23
the
state
law
library
where
it
shall
be
made
available
for
24
inspection
and
reference.
25
Sec.
54.
Section
89.5,
subsection
3,
unnumbered
paragraph
26
1,
Code
2009,
is
amended
to
read
as
follows:
27
A
rule
adopted
pursuant
to
this
chapter
which
adopts
28
standards
by
reference
to
another
publication
shall
be
exempt
29
from
the
requirements
of
section
17A.6
2B.5A
,
subsection
4,
if
30
the
following
conditions
exist:
31
Sec.
55.
Section
89A.3,
subsection
5,
unnumbered
paragraph
32
1,
Code
Supplement
2009,
is
amended
to
read
as
follows:
33
A
rule
adopted
pursuant
to
this
section
which
adopts
34
standards
by
reference
to
another
publication
shall
be
exempt
35
-30-
SF
2088
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83
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30/
255
S.F.
2088
from
the
requirements
of
section
17A.6
2B.5A
,
subsection
4,
if
1
the
following
conditions
exist:
2
Sec.
56.
Section
256.53,
Code
2009,
is
amended
to
read
as
3
follows:
4
256.53
State
publications.
5
Upon
issuance
of
a
state
publication
in
any
format,
a
6
state
agency
shall
deposit
with
provide
the
division
with
7
an
electronic
version
of
the
publication
at
no
cost
to
the
8
division
,
seventy-five
copies
of
the
publication
or
a
lesser
9
number
if
specified
by
the
division,
except
as
provided
in
10
section
2A.6
.
11
Sec.
57.
Section
267.6,
Code
2009,
is
amended
to
read
as
12
follows:
13
267.6
Iowa
administrative
procedure
Act.
14
The
provisions
of
chapter
17A
shall
not
apply
to
the
council
15
or
any
actions
taken
by
it,
except
that
any
recommendations
16
adopted
by
the
council
pursuant
to
section
267.5,
subsection
17
3,
and
any
rules
adopted
by
the
council
shall
be
adopted,
18
amended,
or
repealed
only
after
compliance
with
the
provisions
19
of
sections
17A.4
,
and
17A.5,
and
17A.6
the
publication
20
requirements
in
section
2B.5A
.
21
DIVISION
IV
22
STATE
BUDGETING
AND
PERSONNEL
23
Sec.
58.
Section
8.36A,
subsection
2,
Code
2009,
is
amended
24
to
read
as
follows:
25
2.
a.
If
a
department
or
establishment
has
reached
or
26
anticipates
reaching
the
full-time
equivalent
position
level
27
authorized
for
the
department
but
determines
that
conversion
28
of
a
contract
position
to
a
full-time
equivalent
position
29
would
result
in
cost
savings
while
providing
comparable
or
30
better
services,
the
department
or
establishment
may
request
31
the
director
of
the
department
of
management
to
approve
the
32
conversion
and
addition
of
the
full-time
equivalent
position.
33
The
request
shall
be
accompanied
by
evidence
demonstrating
how
34
the
cost
savings
and
service
quality
will
be
achieved
through
35
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the
conversion.
If
approved
by
the
director
of
the
department
1
of
management,
the
department’s
or
establishment’s
authorized
2
full-time
equivalent
position
level
shall
be
increased
3
accordingly
and
the
revised
level
shall
be
reported
to
the
4
fiscal
committee
of
the
legislative
council
and
the
legislative
5
services
agency.
6
b.
A
department
or
establishment
shall
not
convert
a
7
full-time
equivalent
position
authorized
for
the
department
8
or
establishment
to
a
contract
position
and
shall
not
use
9
appropriated
moneys
for
such
a
contract
position
unless
the
10
department
or
establishment
receives
approval
from
the
director
11
of
the
department
of
management
to
convert
the
full-time
12
equivalent
position
to
a
contract
position.
The
director
of
13
the
department
of
management
shall
not
approve
the
conversion
14
unless
the
department
or
establishment
submits
sufficient
15
evidence
that
the
conversion
would
result
in
cost
savings
while
16
providing
comparable
or
better
services.
17
Sec.
59.
Section
8.62,
subsection
2,
Code
Supplement
2009,
18
is
amended
to
read
as
follows:
19
2.
Notwithstanding
the
provisions
of
section
8.33
or
any
20
other
provision
of
law
to
the
contrary,
if
on
June
30
of
a
21
fiscal
year,
a
balance
of
an
operational
appropriation
remains
22
unexpended
or
unencumbered,
not
more
than
fifty
percent
of
23
the
balance
may
be
encumbered
by
the
agency
to
which
the
24
appropriation
was
made
and
used
as
provided
in
this
section
and
25
the
remaining
balance
shall
be
deposited
in
the
cash
reserve
26
fund
created
in
section
8.56.
Moneys
encumbered
under
this
27
section
shall
only
be
used
by
the
agency
during
the
succeeding
28
fiscal
year
for
internet-based
employee
training,
technology
29
enhancement,
or
purchases
of
goods
and
services
from
Iowa
30
prison
industries.
Unused
moneys
encumbered
under
this
section
31
shall
be
deposited
in
the
cash
reserve
fund
on
June
30
of
the
32
succeeding
fiscal
year.
33
Sec.
60.
Section
8A.413,
Code
Supplement
2009,
is
amended
by
34
adding
the
following
new
subsection:
35
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NEW
SUBSECTION
.
24.
For
the
development
and
operation
of
1
programs
to
promote
job
sharing,
telecommuting,
and
flex-time
2
opportunities
for
employment
within
the
executive
branch.
3
Sec.
61.
COMMUNITY-BASED
CORRECTIONS
——
STATE
ACCOUNTING
4
SYSTEM.
Each
judicial
district
department
of
correctional
5
services
shall
utilize
the
state
accounting
system
for
purposes
6
of
tracking
both
appropriations
and
expenditures.
Each
7
judicial
district
department
shall
coordinate
its
accounting
8
activities
with
the
department
of
management
for
purposes
of
9
implementing
the
requirements
of
this
section.
10
Sec.
62.
STATE
AGENCY
EFFICIENCY
EFFORTS.
11
1.
LEAN
EFFORTS.
State
agencies
shall
budget
for
and
plan
12
to
conduct
lean
events
as
described
in
section
8.70.
Each
13
state
agency
shall
coordinate
its
activities
with
the
office
14
of
lean
enterprise
created
in
section
8.70
in
developing
plans
15
to
conduct
lean
events.
16
2.
SHARED
RESOURCES.
State
agencies
are
encouraged
to
17
share
resources
and
services,
including
staff,
training,
and
18
educational
services,
to
the
greatest
extent
possible
in
order
19
to
best
fulfill
the
duties
of
each
agency
at
the
least
cost.
20
Sec.
63.
CONTRACT
SERVICES
——
TRAINING.
21
1.
Each
department,
as
defined
in
section
8.2,
shall
22
separately
track
the
budget
and
actual
expenditures
for
23
contract
services
and
for
employee
training
for
each
24
appropriation
line
item.
25
2.
The
terms
of
the
contracts
for
contracted
services
26
entered
into
or
revised
during
the
fiscal
year
shall
27
incorporate
quality
assurance
and
cost
control
measures.
28
3.
The
employee
training
tracking
information
shall
be
29
further
divided
into
training
categories.
Each
department’s
30
report
on
training
tracking
shall
specifically
address
the
use
31
of
electronically
based
training.
32
4.
Each
department
shall
report
to
the
legislative
services
33
agency
on
January
15
and
July
15
of
each
year
concerning
34
the
budget,
expenditure,
quality
assurance,
and
cost
control
35
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255
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2088
information
addressed
by
this
section
for
the
previous
six
1
calendar
months.
2
Sec.
64.
FULL-TIME
EQUIVALENT
POSITIONS
——
VACANCIES
——
3
FUNDING.
For
the
fiscal
year
beginning
July
1,
2010,
and
4
ending
June
30,
2011,
the
following
shall
apply:
5
1.
If
a
full-time
equivalent
position
authorized
for
a
6
department
or
establishment
remains
vacant
for
a
period
of
7
at
least
six
months,
the
department’s
or
establishment’s
8
authorized
full-time
equivalent
position
level
shall
9
be
decreased
accordingly.
However,
the
department
or
10
establishment
may
request
the
director
of
the
department
of
11
management
to
reauthorize
the
full-time
equivalent
position
if
12
the
department
or
establishment
can
establish
that
the
position
13
is
difficult
to
fill
and
is
critical
for
fulfilling
the
duties
14
of
the
department
or
establishment.
15
2.
Moneys
appropriated
to
a
department
or
establishment
16
and
designated
by
the
department
or
establishment
in
the
17
department’s
or
establishment’s
adopted
budget
in
the
state
18
accounting
system
for
full-time
equivalent
positions
shall
only
19
be
used
for
full-time
equivalent
positions
and
shall
not
be
20
used
for
other
purposes.
21
Sec.
65.
JOINT
APPROPRIATIONS
SUBCOMMITTEES
——
REVIEW
OF
22
AGENCY
FEES.
Each
joint
appropriations
subcommittee
of
the
23
general
assembly
shall
examine
and
review
on
an
annual
basis
24
the
fees
charged
by
state
agencies
under
the
purview
of
that
25
joint
appropriations
subcommittee.
26
DIVISION
V
27
SPAN
OF
CONTROL
28
Sec.
66.
Section
8A.402,
subsection
2,
paragraph
g,
Code
29
Supplement
2009,
is
amended
to
read
as
follows:
30
g.
(1)
(a)
Consult
with
the
department
of
management
31
and
discuss
and
collaborate
with
executive
branch
agencies
to
32
implement
and
maintain
a
policy
for
incrementally
increasing
33
the
aggregate
ratio
in
the
number
of
employees
per
34
supervisor
supervisory
employee
in
executive
branch
agencies
35
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2088
to
be
fourteen
employees
for
one
supervisor
.
For
purposes
of
1
determining
the
effects
of
the
policy
on
the
state
employee
2
workforce,
the
base
date
of
July
1,
2008,
shall
be
used
and
the
3
target
date
for
full
implementation
shall
be
July
1,
2011
2016
.
4
The
target
aggregate
ratio
of
supervisory
employees
to
other
5
employees
shall
be
as
follows:
6
(i)
For
the
fiscal
year
beginning
July
1,
2010,
one
to
7
fourteen.
8
(ii)
For
the
fiscal
year
beginning
July
1,
2011,
one
to
9
fifteen.
10
(iii)
For
the
fiscal
year
beginning
July
1,
2012,
one
to
11
sixteen.
12
(iv)
For
the
fiscal
year
beginning
July
1,
2013,
one
to
13
seventeen.
14
(v)
For
the
fiscal
year
beginning
July
1,
2014,
one
to
15
eighteen.
16
(vi)
For
the
fiscal
year
beginning
July
1,
2015,
one
to
17
nineteen.
18
(vii)
For
the
fiscal
year
beginning
July
1,
2016,
one
to
19
twenty.
20
(b)
For
the
purposes
of
this
paragraph
“g”
,
“supervisory
21
employee”
means
a
public
employee
who
is
not
a
member
of
a
22
collective
bargaining
unit
and
who
has
authority,
in
the
23
interest
of
a
public
employer,
to
hire,
transfer,
suspend,
lay
24
off,
recall,
promote,
discharge,
assign,
reward,
or
discipline
25
other
public
employees,
to
direct
such
public
employees,
or
26
to
adjust
the
grievances
of
such
public
employees,
or
to
27
effectively
recommend
any
such
action.
28
(c)
In
this
paragraph
“g”
,
executive
branch
agencies
shall
29
not
grant
a
supervisory
employee
with
the
right
to
replace
or
30
bump
a
junior
employee
not
being
laid
off
for
a
position
for
31
which
the
supervisory
employee
is
qualified.
32
(b)
(d)
The
policy
shall
allow
appropriation
units
33
with
twenty-eight
or
fewer
full-time
equivalent
employee
34
positions
to
apply
for
an
exception
to
the
policy
through
the
35
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executive
council.
The
policy
shall
allow
for
exceptions
1
when
the
supervisory
employee
ratio
is
mandated
by
a
federal
2
requirement.
3
(e)
The
policy
shall
provide
that
if
layoffs
are
4
implemented,
the
number
of
middle
management
position
layoffs
5
shall
correspond
to
the
relative
number
of
direct
service
6
position
layoffs.
7
(f)
The
policy
shall
improve
on
the
system
in
effect
as
8
of
the
base
date
by
specifically
defining
and
accounting
for
9
supervisory
employee
span
of
control.
10
(c)
(g)
The
department
shall
present
an
interim
report
11
to
the
governor
and
general
assembly
on
or
before
April
1,
12
2010,
annual
updates
on
or
before
April
1
subsequently,
and
a
13
final
report
on
or
before
April
1,
2011
2017
,
detailing
the
14
effects
of
the
policy
on
the
composition
of
the
workforce,
cost
15
savings,
government
efficiency,
and
outcomes.
16
(d)
(h)
The
policy
developed
pursuant
to
this
paragraph
“g”
17
shall
not
encompass
employees
under
the
state
board
of
regents
,
18
the
department
of
human
services,
or
a
judicial
district
19
department
of
correctional
services
.
However,
the
department
20
of
administrative
services
shall
work
with
the
state
board
of
21
regents,
the
department
of
human
services,
and
the
judicial
22
district
departments
of
correctional
services
to
advance
the
23
policy
as
a
goal
for
the
supervisory
staff
of
these
units
of
24
state
government.
25
(2)
Evaluate
the
state’s
systems
for
job
classification
of
26
executive
branch
employees
in
order
to
ensure
the
existence
27
of
technical
skill-based
career
paths
for
such
employees
28
which
do
not
depend
upon
an
employee
gaining
supervisory
29
responsibility
for
advancement,
and
which
provide
incentives
30
for
such
employees
to
broaden
their
knowledge
and
skill
base.
31
The
evaluation
shall
include
but
is
not
limited
to
a
review
32
of
the
classifications
for
all
noncontract
positions
and
33
providing
options
for
eliminating
obsolete,
duplicative,
or
34
unnecessary
job
classifications.
The
department
shall
present
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interim
reports
to
the
general
assembly
on
or
before
January
1
15,
2010,
and
January
14,
2011,
concerning
the
department’s
2
progress
in
completing
the
evaluation
and
associated
outcomes.
3
Sec.
67.
NEW
SECTION
.
262.9C
Span
of
control
policy.
4
1.
The
state
board
of
regents
shall
develop
and
maintain
a
5
policy
regarding
the
aggregate
ratio
of
the
number
of
employees
6
per
supervisory
employee
at
each
of
the
institutions
under
7
the
control
of
the
board
subject
to
the
requirements
of
this
8
section.
9
2.
The
target
span
of
control
aggregate
ratio
of
supervisory
10
employees
to
other
employees
shall
be
one
to
fifteen.
The
11
target
span
of
control
ratio
shall
not
apply
to
employees
12
involved
with
direct
patient
care,
faculty,
and
employees
in
13
other
areas
of
the
institutions
that
must
maintain
different
14
span
of
control
ratios
due
to
federal
or
state
regulations.
15
3.
For
the
purposes
of
this
section,
“supervisory
employee”
16
means
a
public
employee
who
is
not
a
member
of
a
collective
17
bargaining
unit
and
who
has
authority,
in
the
interest
of
a
18
public
employer,
to
hire,
transfer,
suspend,
lay
off,
recall,
19
promote,
discharge,
assign,
reward,
or
discipline
other
public
20
employees,
to
direct
such
public
employees,
or
to
adjust
21
the
grievances
of
such
public
employees,
or
to
effectively
22
recommend
any
such
action.
23
4.
The
policy
shall
allow
departments
within
an
institution
24
under
the
control
of
the
state
board
of
regents
with
25
twenty-eight
or
fewer
full-time
equivalent
employee
positions
26
to
be
granted
an
exception
to
the
policy
by
the
board.
27
Departments
applying
for
an
exception
shall
file
a
statement
of
28
need
with
the
applicable
institutional
human
resources
office
29
and
the
office
shall
make
a
recommendation
to
the
state
board
30
of
regents.
31
5.
The
state
board
of
regents
shall
present
an
interim
32
report
to
the
governor
and
general
assembly
on
or
before
April
33
1,
2010,
with
annual
updates
detailing
the
effects
of
the
34
policy
on
the
composition
of
the
workforce,
cost
savings,
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efficiencies,
and
outcomes.
In
addition,
the
report
and
1
annual
updates
shall
identify
those
departments
within
each
2
institution
under
the
control
of
the
board
granted
an
exception
3
by
the
board
to
the
policy
as
provided
in
this
section.
4
Sec.
68.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
5
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
6
enactment.
7
DIVISION
VI
8
BOARD
OF
REGENTS
——
COOPERATIVE
9
PURCHASING
10
Sec.
69.
NEW
SECTION
.
262.9B
Cooperative
purchasing.
11
1.
Overview.
The
state
board
of
regents
for
institutions
12
under
its
control
shall
coordinate
interagency
cooperation
with
13
state
agencies,
as
defined
in
section
8A.101,
in
the
area
of
14
purchasing
and
information
technology
with
the
goal
of
annually
15
increasing
the
amount
of
joint
purchasing.
The
board
and
16
the
institutions
under
the
control
of
the
board
shall
engage
17
the
department
of
administrative
services
and
other
state
18
agencies
in
pursuing
mutually
beneficial
activities
relating
19
to
purchasing
items
and
acquiring
information
technology.
The
20
board
and
the
institutions
shall
explore
ways
to
leverage
21
resources,
identify
cost
savings,
implement
efficiencies,
and
22
improve
effectiveness
without
compromising
the
mission
of
the
23
board
and
the
institutions
under
the
control
of
the
board
24
relative
to
students
and
research
commitments.
25
2.
Purchasing.
26
a.
The
board
shall
direct
the
institutions
under
its
control
27
to
cooperate
with
the
department
of
administrative
services
and
28
other
state
agencies
in
efforts
to
collaboratively
purchase
29
goods
and
services
that
result
in
mutual
cost
savings
and
30
efficiency
improvements.
31
b.
The
board
and
the
institutions
under
its
control
shall
32
assist
the
department
of
administrative
services
by
doing
the
33
following:
34
(1)
Identifying
best
practices
that
produce
cost
savings
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and
improve
state
government
processes.
1
(2)
Exploring
joint
purchases
of
general
use
items
that
2
result
in
mutual
procurement
of
quality
goods
and
services
at
3
the
lowest
reasonable
cost.
4
(3)
Exploring
flexibility,
administrative
relief,
and
5
transformational
changes
through
procurement
technology.
6
c.
The
board
shall
convene
at
least
quarterly
an
interagency
7
purchasing
group
meeting
including
the
institutions
under
8
its
control,
the
department
of
administrative
services,
the
9
department
of
transportation,
and
any
other
state
agency,
for
10
the
purposes
of
timely
cooperation
in
purchasing
goods
and
11
services
and
for
the
identification
of
practical
measures
that
12
improve
state
agency
performance
of
programs
and
operations,
13
reduce
total
costs
of
state
government
operations,
increase
14
productivity,
improve
services
and
make
state
government
more
15
responsive
and
accountable
to
the
public.
16
3.
Information
technology.
17
a.
The
board
shall
direct
institutions
under
its
control
18
to
cooperate
with
the
chief
information
officer
of
the
state
19
in
efforts
to
cooperatively
obtain
information
technology
20
and
related
services
that
result
in
mutual
cost
savings
and
21
efficiency
improvements.
22
b.
The
board
shall
convene
at
least
quarterly
an
interagency
23
information
technology
group
meeting
including
the
institutions
24
under
its
control,
the
state
chief
information
officer
and
any
25
other
agency,
for
purposes
of
timely
cooperation
in
obtaining
26
information
technology
and
related
services.
27
4.
Cooperative
purchasing
plan.
The
board
shall,
before
28
July
1,
of
each
year,
prepare
a
plan
that
identifies
specific
29
areas
of
cooperation
between
the
institutions
under
its
30
control,
the
department
of
administrative
services,
and
the
31
chief
information
officer
of
the
state,
that
will
be
addressed
32
for
the
next
fiscal
year
including
timelines
for
implementing,
33
analyzing,
and
evaluating
each
of
the
areas
of
cooperation.
34
The
plan
shall
also
identify
the
potential
for
greater
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interinstitutional
cooperation
in
areas
that
would
result
in
a
1
net
cost
savings.
2
5.
Report.
The
board
shall,
on
or
before
November
1,
submit
3
a
report
to
the
general
assembly
and
the
governor
providing
4
information
on
the
cooperative
purchasing
plan
prepared
5
for
that
fiscal
year
by
the
board
and
on
the
results
of
the
6
quarterly
interagency
meetings,
including
the
specific
cost
7
savings
or
efficiency
gains
that
have
resulted
from
utilization
8
of
cooperative
efforts
and
the
implementation
of
identified
9
best
practices.
10
DIVISION
VII
11
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
——
PURCHASING
12
Sec.
70.
Section
8A.302,
subsection
1,
Code
2009,
is
amended
13
to
read
as
follows:
14
1.
Providing
a
system
of
uniform
standards
and
15
specifications
for
purchasing.
When
the
system
is
developed,
16
all
items
of
general
use
shall
be
purchased
by
state
17
agencies
through
the
department,
except
items
used
by
18
the
state
department
of
transportation,
board
of
regents
19
and
institutions
under
the
control
of
the
state
board
of
20
regents
,
.
However,
the
department
may
authorize
the
department
21
of
transportation,
the
department
for
the
blind,
and
any
other
22
agencies
otherwise
exempted
by
law
from
centralized
purchasing,
23
to
directly
purchase
items
used
by
those
agencies
without
going
24
through
the
department,
if
the
department
of
administrative
25
services
determines
such
purchasing
is
in
the
best
interests
26
of
the
state
.
However,
items
of
general
use
may
be
purchased
27
through
the
department
by
any
governmental
entity.
28
Sec.
71.
Section
8A.311,
subsection
10,
paragraph
a,
Code
29
2009,
is
amended
to
read
as
follows:
30
a.
The
director
shall
adopt
rules
providing
that
any
state
31
agency
may,
upon
request
and
approval
by
the
department
,
32
purchase
directly
from
a
vendor
if
the
direct
purchasing
is
33
as
economical
or
more
economical
than
purchasing
through
the
34
department,
or
upon
a
showing
if
the
agency
shows
that
direct
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purchasing
by
the
state
agency
would
be
in
the
best
interests
1
of
the
state
due
to
an
immediate
or
emergency
need
.
The
rules
2
shall
include
a
provision
permitting
a
state
agency
to
purchase
3
directly
from
a
vendor,
on
the
agency’s
own
authority
,
or
if
4
the
purchase
will
not
exceed
ten
thousand
dollars
and
the
5
purchase
will
would
contribute
to
the
agency
complying
with
or
6
exceeding
the
targeted
small
business
procurement
goals
under
7
sections
73.15
through
73.21.
8
Sec.
72.
NEW
SECTION
.
8A.311A
Centralized
purchasing.
9
1.
The
department
may
designate
goods
and
services
of
10
general
use
that
agencies
shall,
and
governmental
subdivisions
11
may,
purchase
pursuant
to
a
master
contract
established
by
the
12
department
for
that
good
or
service.
The
department
shall
13
establish
a
master
contract
subject
to
the
requirements
of
14
this
section
if
the
department
determines
that
a
high-quality
15
good
or
service
can
be
acquired
by
agencies
and
governmental
16
subdivisions
at
lower
cost
through
the
establishment
of
a
17
master
contract.
18
2.
The
department
shall
establish
a
master
contract
19
pursuant
to
this
section
on
a
competitive
basis,
and
the
20
purchase
of
a
good
or
service
pursuant
to
the
contract
shall
be
21
deemed
to
satisfy
any
otherwise
applicable
competitive
bidding
22
requirements.
23
3.
Upon
the
establishment
of
a
master
contract
for
a
good
or
24
service
pursuant
to
this
section,
an
agency
shall
purchase
the
25
good
or
service
pursuant
to
the
contract,
and
shall
not
expend
26
money
to
purchase
the
good
or
service
directly
from
a
vendor
27
and
not
through
the
contract,
unless
any
of
the
following
28
applies:
29
a.
The
department
determines,
upon
a
request
by
the
agency,
30
that
the
agency
can
satisfy
the
requirements
for
purchase
of
31
the
good
or
service
directly
from
a
vendor
as
provided
in
32
section
8A.311,
subsection
10,
paragraph
“a”
.
33
b.
The
agency
is
purchasing
the
good
or
service
pursuant
34
to
another
contract
in
effect
on
the
effective
date
of
the
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master
contract.
However,
the
agency
shall
terminate
the
1
other
contract
if
the
contract
permits
the
termination
of
the
2
contract
without
penalty
and
the
agency
shall
not
renew
the
3
other
contract
beyond
the
current
term
of
the
other
contract.
4
Sec.
73.
Section
8A.312,
Code
2009,
is
amended
to
read
as
5
follows:
6
8A.312
Cooperative
purchasing.
7
The
director
may
purchase
items
through
the
state
department
8
of
transportation,
institutions
under
the
control
of
the
state
9
board
of
regents,
and
any
other
agency
specifically
exempted
10
by
law
from
centralized
purchasing
as
well
as
from
other
11
interstate
and
intergovernmental
entities
.
These
state
12
agencies
shall
upon
request
furnish
the
director
with
a
list
13
of
and
specifications
for
all
items
of
office
equipment,
14
furniture,
fixtures,
motor
vehicles,
heavy
equipment,
and
other
15
related
items
to
be
purchased
during
the
next
quarter
and
16
the
date
by
which
the
director
must
file
with
the
agency
the
17
quantity
of
items
to
be
purchased
by
the
state
agency
for
the
18
department.
The
department
shall
collaborate
and
cooperate
19
with
the
state
board
of
regents
and
institutions
under
the
20
control
of
the
state
board
of
regents,
as
provided
in
section
21
262.9B,
and
any
other
state
agency
exempt
from
centralized
22
purchasing
to
explore
joint
purchases
of
general
use
items
that
23
present
opportunities
to
obtain
quality
goods
and
services
24
at
the
lowest
reasonable
cost.
The
department
shall
be
liable
25
to
the
state
agency
for
the
proportionate
costs
the
items
26
purchased
for
the
department
bear
to
the
total
purchase
price.
27
When
items
purchased
have
been
delivered,
the
state
agency
28
shall
notify
the
director
and
after
receipt
of
the
purchase
29
price
shall
release
the
items
to
the
director
or
upon
the
30
director’s
order.
31
Sec.
74.
Section
307.21,
subsection
1,
paragraph
d,
Code
32
Supplement
2009,
is
amended
to
read
as
follows:
33
d.
Provide
centralized
purchasing
services
for
the
34
department,
in
cooperation
with
if
authorized
by
the
department
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of
administrative
services.
The
administrator
shall,
when
1
the
price
is
reasonably
competitive
and
the
quality
as
2
intended,
purchase
soybean-based
inks
and
plastic
products
with
3
recycled
content,
including
but
not
limited
to
plastic
garbage
4
can
liners,
and
shall
purchase
these
items
in
accordance
5
with
the
schedule
established
in
section
8A.315.
However,
6
the
administrator
need
not
purchase
garbage
can
liners
in
7
accordance
with
the
schedule
if
the
liners
are
utilized
by
a
8
facility
approved
by
the
environmental
protection
commission
9
created
under
section
455A.6,
for
purposes
of
recycling.
For
10
purposes
of
this
section,
“recycled
content”
means
that
the
11
content
of
the
product
contains
a
minimum
of
thirty
percent
12
postconsumer
material.
13
Sec.
75.
STATE
GOVERNMENT
PURCHASING
EFFORTS
——
DEPARTMENT
14
OF
ADMINISTRATIVE
SERVICES.
In
order
to
facilitate
efficient
15
and
cost-effective
purchasing,
the
department
of
administrative
16
services
shall
do
the
following:
17
1.
Require
state
agencies
to
provide
the
department
a
report
18
regarding
planned
purchases
on
an
annual
basis
and
to
report
19
on
an
annual
basis
regarding
efforts
to
standardize
products
20
and
services
within
their
own
agencies
and
with
other
state
21
agencies.
22
2.
Require
state
employees
who
conduct
bids
for
services
to
23
receive
training
on
an
annual
basis
about
procurement
rules
and
24
regulations
and
procurement
best
practices.
25
3.
Identify
procurement
compliance
employees
within
the
26
department.
27
4.
Review
the
process
and
basis
for
establishing
28
departmental
fees
for
purchasing.
29
5.
Establish
a
work
group
to
collaborate
on
best
practices
30
to
implement
the
best
cost
savings
for
the
state
concerning
31
purchasing.
32
6.
Explore
interstate
and
intergovernmental
purchasing
33
opportunities
and
encourage
the
legislative
and
judicial
34
branches
to
participate
in
consolidated
purchasing
and
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efficiencies
wherever
possible.
1
7.
Expand
the
use
of
procurement
cards
throughout
state
2
government
to
facilitate
purchasing
of
items
by
state
agencies.
3
DIVISION
VIII
4
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
——
OPERATIONS
5
Sec.
76.
Section
8A.104,
Code
2009,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
12A.
Examine
and
develop
best
practices
8
for
the
efficient
operation
of
government
and
encourage
state
9
agencies
to
adopt
and
implement
these
practices.
10
Sec.
77.
NEW
SECTION
.
8A.459
State
employee
pay
and
11
allowances
——
electronic
funds
transfer.
12
Effective
July
1,
2011,
notwithstanding
any
provision
of
13
law
to
the
contrary,
all
pay
and
allowances
to
state
employees
14
shall
be
paid
via
electronic
funds
transfer,
unless
otherwise
15
provided
pursuant
to
a
collective
bargaining
agreement.
A
16
state
employee
may
elect
to
receive
pay
and
allowances
as
17
paper
warrants
in
lieu
of
electronic
funds
transfers,
but
the
18
department
shall
charge
an
administrative
fee
for
processing
19
such
paper
warrants.
However,
the
department
may,
for
good
20
cause
shown,
waive
the
administrative
fee.
The
fee
may
be
21
automatically
deducted
from
the
state
employee’s
pay
and
22
allowances
before
the
warrant
is
issued
to
the
state
employee.
23
Sec.
78.
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
——
24
STREAMLINED
HIRING.
The
department
of
administrative
services
25
shall,
in
consultation
with
the
department
of
management,
26
examine
the
process
by
which
state
agencies
hire
personnel
27
with
the
goal
of
simplifying
and
reducing
the
steps
needed
28
for
state
agencies
to
hire
personnel.
The
department
shall
29
provide
information
to
the
general
assembly
concerning
steps
30
taken
to
implement
a
more
streamlined
hiring
process
and
any
31
recommendations
for
legislative
action.
32
Sec.
79.
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
——
REAL
33
ESTATE
AND
LEASE
MANAGEMENT.
34
1.
REAL
ESTATE
AUDIT.
The
department
of
administrative
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services
shall
complete
an
inventory
of
surplus
and
unused
1
state
properties,
including
properties
owned
or
under
the
2
control
of
the
department
of
transportation,
and
recommend
3
which
assets
could
be
sold
at
a
premium
price.
State
historic
4
buildings
would
not
be
eligible
for
sale
and
only
those
assets
5
identified
as
being
surplus
and
no
longer
related
to
their
6
mission
would
be
eligible
for
sale.
7
2.
LEASE
AUDIT.
The
department
of
administrative
services
8
shall
conduct
a
thorough
review
of
all
state
office
leases
9
and
wherever
possible,
require
state
agencies
to
consolidate
10
office
spaces
that
are
rented
from
private
sector
landlords.
11
In
addition,
the
department
should
work
directly
with
all
state
12
agencies
to
begin
renegotiating
office
leases
to
obtain
more
13
favorable
lease
terms.
14
3.
SALE
AND
LEASEBACK
OF
STATE
OFFICE
BUILDING
ASSETS.
The
15
department
of
administrative
services
shall
explore
potential
16
opportunities
for
state
agencies
to
sell
some
properties
to
a
17
private
sector
owner
and
then
lease
them
back.
18
4.
REPORT.
The
department
shall
submit
a
report
to
19
the
general
assembly
by
January
1,
2011,
concerning
the
20
requirements
of
this
section.
The
report
shall,
if
applicable,
21
identify
any
statutory
barriers
for
pursuing
efforts
described
22
in
this
section
and
shall
include
in
the
report
its
findings
23
and
any
recommendations
for
legislative
action.
24
Sec.
80.
STATE
BOARD
OF
REGENTS
——
REAL
ESTATE
AUDIT.
The
25
state
board
of
regents
shall
complete
an
inventory
of
real
26
estate
property
owned
or
leased
by
the
state
board
of
regents
27
and
institutions
under
the
control
of
the
state
board
of
28
regents,
including
information
regarding
the
current
and
29
intended
use
of
the
property.
The
board
shall
submit
a
report
30
to
the
general
assembly
and
governor
by
January
1,
2011,
31
detailing
the
real
estate
property
owned
or
leased
by
the
state
32
board
of
regents
and
institutions
under
the
control
of
the
33
state
board
of
regents.
34
Sec.
81.
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
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——
SALE
OF
REAL
PROPERTY.
1
1.
During
the
fiscal
year
beginning
July
1,
2010,
and
ending
2
June
30,
2011,
the
department
of
administrative
services,
3
in
collaboration
with
the
department
of
human
services
4
and
the
department
of
corrections,
shall
identify
and
sell
5
real
property
under
the
control
of
the
departments
that
is
6
not
necessary
to
further
the
mission
of
the
department
of
7
human
services
and
the
department
of
corrections
and
that
8
will
maximize
the
return
to
the
state.
Notwithstanding
any
9
provision
of
law
to
the
contrary,
moneys
received
for
the
sale
10
of
property
pursuant
to
this
subsection
shall
be
deposited
in
11
the
general
fund
of
the
state.
12
2.
During
the
fiscal
year
beginning
July
1,
2010,
and
13
ending
June
30,
2011,
the
department
of
administrative
services
14
shall,
pursuant
to
the
real
estate
and
lease
management
review
15
conducted
by
the
department
as
provided
in
this
Act,
identify
16
and
sell
or
sell
and
lease
back
real
property
under
the
control
17
of
the
department
that
will
maximize
the
return
to
the
state.
18
Notwithstanding
any
provision
of
law
to
the
contrary,
moneys
19
received
for
the
sale
of
property
pursuant
to
this
subsection
20
shall
be
deposited
in
the
general
fund
of
the
state.
21
DIVISION
IX
22
ALCOHOLIC
BEVERAGES
DIVISION
——
REORGANIZATION
23
Sec.
82.
Section
22.7,
subsection
24,
Code
Supplement
2009,
24
is
amended
to
read
as
follows:
25
24.
Records
of
purchases
of
alcoholic
liquor
from
26
the
alcoholic
beverages
division
of
the
department
of
27
commerce
revenue
which
would
reveal
purchases
made
by
an
28
individual
class
“E”
liquor
control
licensee.
However,
the
29
records
may
be
revealed
for
law
enforcement
purposes
or
for
the
30
collection
of
payments
due
the
division
pursuant
to
section
31
123.24.
32
Sec.
83.
Section
123.3,
subsection
14,
Code
2009,
is
amended
33
to
read
as
follows:
34
14.
“Division”
means
the
alcoholic
beverages
division
of
the
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department
of
commerce
revenue
established
by
this
chapter.
1
Sec.
84.
Section
123.4,
Code
2009,
is
amended
to
read
as
2
follows:
3
123.4
Alcoholic
beverages
division
created.
4
An
alcoholic
beverages
division
is
created
within
the
5
department
of
commerce
revenue
to
administer
and
enforce
the
6
laws
of
this
state
concerning
beer,
wine,
and
alcoholic
liquor.
7
Sec.
85.
Section
123.14,
subsection
2,
Code
2009,
is
amended
8
to
read
as
follows:
9
2.
The
county
attorney,
the
county
sheriff
and
the
10
sheriff’s
deputies,
and
the
police
department
of
every
city,
11
and
the
alcoholic
beverages
division
of
the
department
of
12
commerce
revenue
,
shall
be
supplementary
aids
to
the
department
13
of
public
safety.
Any
neglect,
misfeasance,
or
malfeasance
14
shown
by
any
peace
officer
included
in
this
section
shall
be
15
sufficient
cause
for
the
peace
officer’s
removal
as
provided
by
16
law.
This
section
shall
not
be
construed
to
affect
the
duties
17
and
responsibilities
of
any
county
attorney
or
peace
officer
18
with
respect
to
law
enforcement.
19
Sec.
86.
Section
123.53,
subsections
4,
5,
and
6,
Code
20
Supplement
2009,
are
amended
to
read
as
follows:
21
4.
The
treasurer
of
state
shall,
each
quarter,
prepare
22
an
estimate
of
the
gaming
revenues
and
of
the
moneys
to
be
23
deposited
in
the
beer
and
liquor
control
fund
that
will
become
24
available
during
the
remainder
of
the
appropriate
fiscal
year
25
for
the
purposes
described
in
subsection
3.
The
department
of
26
management,
the
department
of
inspections
and
appeals,
and
the
27
department
of
commerce
revenue
shall
take
appropriate
actions
28
to
provide
that
the
sum
of
the
amount
of
gaming
revenues
29
available
to
be
deposited
into
the
revenue
bonds
debt
service
30
fund
during
a
fiscal
year
and
the
amount
of
moneys
to
be
31
deposited
in
the
beer
and
liquor
control
fund
available
to
32
be
deposited
into
the
revenue
bonds
debt
service
fund
during
33
such
fiscal
year
will
be
sufficient
to
cover
any
anticipated
34
deficiencies.
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5.
After
any
transfer
provided
for
in
subsection
3
is
1
made,
the
department
of
commerce
revenue
shall
transfer
into
a
2
special
revenue
account
in
the
general
fund
of
the
state,
a
sum
3
of
money
at
least
equal
to
seven
percent
of
the
gross
amount
4
of
sales
made
by
the
division
from
the
beer
and
liquor
control
5
fund
on
a
monthly
basis
but
not
less
than
nine
million
dollars
6
annually.
Of
the
amounts
transferred,
two
million
dollars,
7
plus
an
additional
amount
determined
by
the
general
assembly,
8
shall
be
appropriated
to
the
Iowa
department
of
public
health
9
for
use
by
the
staff
who
administer
the
comprehensive
substance
10
abuse
program
under
chapter
125
for
substance
abuse
treatment
11
and
prevention
programs.
Any
amounts
received
in
excess
of
the
12
amounts
appropriated
to
the
Iowa
department
of
public
health
13
for
use
by
the
staff
who
administer
the
comprehensive
substance
14
abuse
program
under
chapter
125
shall
be
considered
part
of
the
15
general
fund
balance.
16
6.
After
any
transfers
provided
for
in
subsections
3
and
17
5,
the
department
of
commerce
revenue
shall
transfer
to
the
18
division
from
the
beer
and
liquor
control
fund
and
before
any
19
other
transfer
to
the
general
fund,
an
amount
sufficient
to
pay
20
the
costs
incurred
by
the
division
for
collecting
and
properly
21
disposing
of
the
liquor
containers.
22
Sec.
87.
Section
142A.3,
subsection
5,
paragraph
e,
Code
23
Supplement
2009,
is
amended
to
read
as
follows:
24
e.
The
alcoholic
beverages
division
of
the
department
of
25
commerce
revenue
.
26
Sec.
88.
Section
142A.4,
subsection
14,
Code
Supplement
27
2009,
is
amended
to
read
as
follows:
28
14.
Approve
contracts
entered
into
with
the
alcoholic
29
beverages
division
of
the
department
of
commerce
revenue
,
to
30
provide
for
enforcement
of
tobacco
laws
and
regulations.
31
Sec.
89.
Section
142A.5,
subsection
1,
paragraph
e,
Code
32
2009,
is
amended
to
read
as
follows:
33
e.
Enter
into
contracts
with
the
alcoholic
beverages
34
division
of
the
department
of
commerce
revenue
,
to
provide
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enforcement
of
tobacco
laws
and
regulations.
Such
contracts
1
shall
require
that
enforcement
efforts
include
training
of
2
local
authorities
who
issue
retailer
permits
and
education
of
3
retailers.
4
Sec.
90.
Section
321.19,
subsection
1,
unnumbered
paragraph
5
2,
Code
2009,
is
amended
to
read
as
follows:
6
The
department
shall
furnish,
on
application,
free
of
7
charge,
distinguishing
plates
for
vehicles
thus
exempted,
8
which
plates
except
plates
on
state
patrol
vehicles
shall
bear
9
the
word
“official”
and
the
department
shall
keep
a
separate
10
record.
Registration
plates
issued
for
state
patrol
vehicles,
11
except
unmarked
patrol
vehicles,
shall
bear
two
red
stars
12
on
a
yellow
background,
one
before
and
one
following
the
13
registration
number
on
the
plate,
which
registration
number
14
shall
be
the
officer’s
badge
number.
Registration
plates
15
issued
for
county
sheriff’s
patrol
vehicles
shall
display
one
16
seven-pointed
gold
star
followed
by
the
letter
“S”
and
the
call
17
number
of
the
vehicle.
However,
the
director
of
the
department
18
of
administrative
services
or
the
director
of
transportation
19
may
order
the
issuance
of
regular
registration
plates
for
any
20
exempted
vehicle
used
by
peace
officers
in
the
enforcement
21
of
the
law,
persons
enforcing
chapter
124
and
other
laws
22
relating
to
controlled
substances,
persons
in
the
department
of
23
justice,
the
alcoholic
beverages
division
of
the
department
of
24
commerce
revenue
,
disease
investigators
of
the
Iowa
department
25
of
public
health,
the
department
of
inspections
and
appeals,
26
and
the
department
of
revenue,
who
are
regularly
assigned
to
27
conduct
investigations
which
cannot
reasonably
be
conducted
28
with
a
vehicle
displaying
“official”
state
registration
plates,
29
persons
in
the
Iowa
lottery
authority
whose
regularly
assigned
30
duties
relating
to
security
or
the
carrying
of
lottery
tickets
31
cannot
reasonably
be
conducted
with
a
vehicle
displaying
32
“official”
registration
plates,
persons
in
the
department
of
33
economic
development
who
are
regularly
assigned
duties
relating
34
to
existing
industry
expansion
or
business
attraction,
and
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mental
health
professionals
or
health
care
professionals
who
1
provide
off-site
or
in-home
medical
or
mental
health
services
2
to
clients
of
publicly
funded
programs.
For
purposes
of
sale
3
of
exempted
vehicles,
the
exempted
governmental
body,
upon
the
4
sale
of
the
exempted
vehicle,
may
issue
for
in-transit
purposes
5
a
pasteboard
card
bearing
the
words
“Vehicle
in
Transit”,
the
6
name
of
the
official
body
from
which
the
vehicle
was
purchased,
7
together
with
the
date
of
the
purchase
plainly
marked
in
at
8
least
one-inch
letters,
and
other
information
required
by
the
9
department.
The
in-transit
card
is
valid
for
use
only
within
10
forty-eight
hours
after
the
purchase
date
as
indicated
on
the
11
bill
of
sale
which
shall
be
carried
by
the
driver.
12
Sec.
91.
Section
453A.2,
subsection
7,
Code
2009,
is
amended
13
to
read
as
follows:
14
7.
A
tobacco
compliance
employee
training
fund
is
created
in
15
the
office
of
the
treasurer
of
state.
The
fund
shall
consist
16
of
civil
penalties
assessed
by
the
Iowa
department
of
public
17
health
under
section
453A.22
for
violations
of
this
section.
18
Moneys
in
the
fund
are
appropriated
to
the
alcoholic
beverages
19
division
of
the
department
of
commerce
revenue
and
shall
be
20
used
to
develop
and
administer
the
tobacco
compliance
employee
21
training
program
under
section
453A.5.
Moneys
deposited
in
the
22
fund
shall
not
be
transferred,
used,
obligated,
appropriated,
23
or
otherwise
encumbered
except
as
provided
in
this
subsection.
24
Notwithstanding
section
8.33,
any
unexpended
balance
in
the
25
fund
at
the
end
of
the
fiscal
year
shall
be
retained
in
the
26
fund.
27
Sec.
92.
Section
453A.5,
subsection
1,
Code
2009,
is
amended
28
to
read
as
follows:
29
1.
The
alcoholic
beverages
division
of
the
department
of
30
commerce
revenue
shall
develop
a
tobacco
compliance
employee
31
training
program
not
to
exceed
two
hours
in
length
for
32
employees
and
prospective
employees
of
retailers,
as
defined
33
in
sections
453A.1
and
453A.42,
to
inform
the
employees
about
34
state
and
federal
laws
and
regulations
regarding
the
sale
of
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cigarettes
and
tobacco
products
to
persons
under
eighteen
years
1
of
age
and
compliance
with
and
the
importance
of
laws
regarding
2
the
sale
of
cigarettes
and
tobacco
products
to
persons
under
3
eighteen
years
of
age.
4
Sec.
93.
Section
455C.3,
subsections
2
and
5,
Code
2009,
are
5
amended
to
read
as
follows:
6
2.
A
distributor
shall
accept
and
pick
up
from
a
dealer
7
served
by
the
distributor
or
a
redemption
center
for
a
8
dealer
served
by
the
distributor
at
least
weekly,
or
when
the
9
distributor
delivers
the
beverage
product
if
deliveries
are
10
less
frequent
than
weekly,
any
empty
beverage
container
of
the
11
kind,
size
and
brand
sold
by
the
distributor,
and
shall
pay
to
12
the
dealer
or
person
operating
a
redemption
center
the
refund
13
value
of
a
beverage
container
and
the
reimbursement
as
provided
14
under
section
455C.2
within
one
week
following
pickup
of
the
15
containers
or
when
the
dealer
or
redemption
center
normally
16
pays
the
distributor
for
the
deposit
on
beverage
products
17
purchased
from
the
distributor
if
less
frequent
than
weekly.
18
A
distributor
or
employee
or
agent
of
a
distributor
is
not
in
19
violation
of
this
subsection
if
a
redemption
center
is
closed
20
when
the
distributor
attempts
to
make
a
regular
delivery
or
a
21
regular
pickup
of
empty
beverage
containers.
This
subsection
22
does
not
apply
to
a
distributor
selling
alcoholic
liquor
23
to
the
alcoholic
beverages
division
of
the
department
of
24
commerce
revenue
.
25
5.
The
alcoholic
beverages
division
of
the
department
26
of
commerce
revenue
shall
provide
for
the
disposal
of
empty
27
beverage
containers
as
required
under
subsection
2.
The
28
division
shall
give
priority
consideration
to
the
recycling
29
of
the
empty
beverage
containers
to
the
extent
possible,
30
before
any
other
appropriate
disposal
method
is
considered
or
31
implemented.
32
Sec.
94.
Section
546.2,
subsection
3,
paragraph
e,
Code
33
2009,
is
amended
by
striking
the
paragraph.
34
Sec.
95.
NEW
SECTION
.
421.2A
Alcoholic
beverages
division.
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An
alcoholic
beverages
division
is
created
within
the
1
department
of
revenue.
The
alcoholic
beverages
division
shall
2
enforce
and
implement
chapter
123.
The
division
is
headed
by
3
the
administrator
of
alcoholic
beverages
who
shall
be
appointed
4
pursuant
to
section
123.10.
The
alcoholic
beverages
commission
5
shall
perform
duties
within
the
division
pursuant
to
chapter
6
123.
7
Sec.
96.
REPEAL.
Section
546.9,
Code
2009,
is
repealed.
8
Sec.
97.
ALCOHOLIC
BEVERAGES
DIVISION
——
TRANSITION
9
PROVISIONS.
10
1.
In
regard
to
updating
references
and
format
in
the
11
Iowa
administrative
code
in
order
to
correspond
to
the
12
transferring
of
the
division
from
the
department
of
commerce
13
to
the
department
of
revenue
as
established
by
this
division
14
of
this
Act,
the
administrative
rules
coordinator
and
the
15
administrative
rules
review
committee,
in
consultation
with
the
16
administrative
code
editor,
shall
jointly
develop
a
schedule
17
for
the
necessary
updating
of
the
Iowa
administrative
code.
18
2.
Any
replacement
of
signs,
logos,
stationery,
insignia,
19
uniforms,
and
related
items
that
is
made
due
to
the
effect
of
20
this
division
of
this
Act
should
be
done
as
part
of
the
normal
21
replacement
cycle
for
such
items.
22
DIVISION
X
23
ALCOHOLIC
BEVERAGES
DIVISION
——
OPERATIONS
24
Sec.
98.
ALCOHOLIC
BEVERAGES
DIVISION
——
STATE
WAREHOUSE
25
FRIDAY
CLOSURE.
For
the
fiscal
period
beginning
July
1,
2010,
26
and
ending
June
30,
2015,
the
administrator
of
the
alcoholic
27
beverages
division
of
the
department
of
commerce
as
created
28
in
chapter
123,
shall,
pursuant
to
the
authority
provided
in
29
section
123.21,
close
the
main
state
warehouse
every
Friday.
30
However,
the
administrator
may
keep
the
warehouse
open
on
31
designated
Fridays
if
the
administrator
determines
that
32
anticipated
sales
on
that
Friday
justify
keeping
the
state
33
warehouse
open.
The
administrator
may
extend
the
closure
34
authorized
pursuant
to
this
section
to
the
succeeding
fiscal
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year.
The
administrator
shall
submit
a
report
to
the
general
1
assembly
by
January
1,
2015,
concerning
its
recommendation
2
regarding
extending
the
requirements
of
this
section.
3
Sec.
99.
TOBACCO
RETAIL
COMPLIANCE
CHECKS.
The
terms
4
of
a
chapter
28D
agreement
entered
into
between
the
division
5
of
tobacco
use
prevention
and
control
of
the
Iowa
department
6
of
public
health
and
the
alcoholic
beverages
division
of
the
7
department
of
commerce,
governing
compliance
checks
conducted
8
to
ensure
licensed
retail
tobacco
outlet
conformity
with
9
tobacco
laws,
regulations,
and
ordinances
relating
to
persons
10
under
eighteen
years
of
age,
shall
restrict
the
number
of
such
11
checks
to
one
check
per
retail
outlet,
and
one
additional
check
12
for
any
retail
outlet
found
to
be
in
violation
during
the
first
13
check,
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
14
June
30,
2011.
15
DIVISION
XI
16
ALCOHOLIC
BEVERAGES
DIVISION
——
DIRECT
SHIPMENT
OF
WINE
17
Sec.
100.
Section
123.173,
subsection
1,
Code
2009,
is
18
amended
to
read
as
follows:
19
1.
Permits
Except
as
provided
in
section
123.187,
20
permits
exclusively
for
the
sale
or
manufacture
and
sale
of
21
wine
shall
be
divided
into
four
classes,
and
shall
be
known
as
22
class
“A”,
“B”,
“B”
native,
or
“C”
native
wine
permits.
23
Sec.
101.
Section
123.187,
Code
2009,
is
amended
by
striking
24
the
section
and
inserting
in
lieu
thereof
the
following:
25
123.187
Direct
shipment
of
wine
——
licenses
and
requirements.
26
1.
A
wine
manufacturer
licensed
or
permitted
pursuant
to
27
laws
regulating
alcoholic
beverages
in
another
state
may
apply
28
for
a
wine
direct
shipper
license,
as
provided
in
this
section.
29
2.
a.
The
administrator
shall
issue
a
wine
direct
30
shipper
license
to
a
wine
manufacturer
who
submits
a
written
31
application
for
the
license
on
a
form
to
be
established
by
32
the
administrator
by
rule,
accompanied
by
a
true
copy
of
the
33
manufacturer’s
current
alcoholic
beverage
license
or
permit
34
issued
in
another
state,
and
a
copy
of
the
manufacturer’s
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winery
license
issued
by
the
federal
alcohol
and
tobacco
tax
1
and
trade
bureau.
2
b.
An
application
submitted
pursuant
to
paragraph
“a”
shall
3
be
accompanied
by
a
license
fee
in
the
amount
of
twenty-five
4
dollars.
5
c.
A
license
issued
pursuant
to
this
section
may
be
renewed
6
annually
by
resubmitting
the
information
required
in
paragraph
7
“a”
,
accompanied
by
the
twenty-five
dollar
license
fee.
8
3.
The
direct
shipment
of
wine
pursuant
to
this
9
section
shall
be
subject
to
the
following
requirements
and
10
restrictions:
11
a.
No
more
than
eighteen
liters
of
wine
per
month
may
be
12
shipped
by
a
wine
direct
shipper
licensee
to
a
resident
of
13
this
state
who
is
at
least
twenty-one
years
of
age,
for
the
14
resident’s
personal
use
and
not
for
resale.
15
b.
Wine
subject
to
direct
shipping
shall
be
properly
16
registered
with
the
federal
alcohol
and
tobacco
tax
and
trade
17
bureau,
and
manufactured
on
the
winery
premises
of
the
wine
18
direct
shipper
licensee.
19
c.
All
containers
of
wine
shipped
directly
to
a
resident
20
of
this
state
shall
be
conspicuously
labeled
with
the
words
21
CONTAINS
ALCOHOL:
SIGNATURE
OF
PERSON
AGE
21
OR
OLDER
REQUIRED
22
FOR
DELIVERY
or
shall
be
conspicuously
labeled
with
alternative
23
wording
preapproved
by
the
administrator.
24
d.
All
containers
of
wine
shipped
directly
to
a
resident
of
25
this
state
shall
be
shipped
by
an
alcohol
carrier
licensed
as
26
provided
in
subsection
6.
27
4.
a.
In
addition
to
the
annual
license
fee,
a
wine
28
direct
shipper
licensee
shall
remit
to
the
division
an
amount
29
equivalent
to
the
wine
gallonage
tax
at
the
rate
specified
in
30
section
123.183
for
deposit
in
the
beer
and
liquor
control
fund
31
created
in
section
123.53.
The
amount
shall
be
remitted
at
32
the
same
time
and
in
the
same
manner
as
provided
in
section
33
123.184,
and
the
ten
percent
penalty
specified
therein
shall
34
be
applicable.
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b.
Shipment
of
wine
pursuant
to
this
subsection
is
not
1
subject
to
sales
tax
under
section
423.2,
use
tax
under
2
section
423.5,
and
does
not
require
a
refund
value
for
beverage
3
container
control
purposes
under
chapter
455C.
4
5.
A
wine
direct
shipper
licensee
shall
be
deemed
to
5
have
consented
to
the
jurisdiction
of
the
division
or
any
6
other
agency
or
court
in
this
state
concerning
enforcement
7
of
this
section
and
any
related
laws,
rules,
or
regulations.
8
A
licensee
shall
permit
the
division
to
perform
an
audit
of
9
shipping
records
upon
request.
10
6.
a.
Wine
subject
to
direct
shipment
pursuant
to
this
11
section
shall
be
delivered
only
by
a
carrier
having
obtained
12
from
the
division
an
alcohol
carrier
license.
An
alcohol
13
carrier
license
shall
be
issued
subject
to
requirements,
14
fees,
and
upon
application
forms
to
be
determined
by
the
15
administrator
by
rule.
16
b.
An
alcohol
carrier
licensee
shall
not
deliver
wine
to
17
any
person
under
twenty-one
years
of
age,
or
to
any
person
18
who
either
is
or
appears
to
be
in
an
intoxicated
state
or
19
condition.
A
licensee
shall
obtain
valid
proof
of
identity
and
20
age
prior
to
delivery,
and
shall
obtain
the
signature
of
an
21
adult
as
a
condition
of
delivery.
22
c.
An
alcohol
carrier
licensee
shall
maintain
records
of
23
wine
shipped
which
include
the
license
number
and
name
of
the
24
wine
manufacturer,
quantity
of
wine
shipped,
recipient’s
name
25
and
address,
and
an
electronic
or
paper
form
of
signature
from
26
the
recipient
of
the
wine.
27
7.
The
holder
of
a
permit
for
the
sale
or
manufacture
and
28
sale
of
wine
listed
in
section
123.173,
subsection
1,
shall
be
29
authorized
under
that
permit
and
without
any
other
licensing
30
requirement
to
ship
out
of
this
state
by
private
common
31
carrier,
to
a
person
twenty-one
years
of
age
or
older,
not
more
32
than
eighteen
liters
of
wine
per
month,
for
consumption
or
use
33
by
the
person.
34
8.
A
violation
of
this
section
shall
subject
a
licensee
to
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the
penalty
provisions
of
section
123.39.
1
DIVISION
XII
2
DEPARTMENT
OF
HUMAN
RIGHTS
——
REORGANIZATION
3
Sec.
102.
Section
216A.1,
Code
2009,
is
amended
to
read
as
4
follows:
5
216A.1
Department
of
human
rights
——
purpose
.
6
1.
A
department
of
human
rights
is
created,
with
the
7
following
divisions
and
offices
:
8
a.
Division
of
community
advocacy
and
services,
with
the
9
following
offices:
10
1.
(1)
Division
Office
of
Latino
affairs.
11
2.
(2)
Division
Office
on
the
status
of
women.
12
3.
(3)
Division
Office
of
persons
with
disabilities.
13
4.
Division
of
community
action
agencies.
14
5.
(4)
Division
Office
of
deaf
services.
15
6.
Division
of
criminal
and
juvenile
justice
planning.
16
7.
(5)
Division
Office
on
the
status
of
17
African-Americans
African
Americans
.
18
8.
(6)
Division
on
the
status
of
Iowans
Office
of
Asian
and
19
Pacific
Islander
heritage
affairs
.
20
9.
(7)
Division
on
Office
of
Native
American
affairs.
21
b.
Division
of
community
action
agencies.
22
c.
Division
of
criminal
and
juvenile
justice
planning.
23
2.
The
purpose
of
the
department
is
to
ensure
basic
24
rights,
freedoms,
and
opportunities
for
all
by
empowering
25
underrepresented
Iowans
and
eliminating
economic,
social,
and
26
cultural
barriers.
27
Sec.
103.
Section
216A.2,
Code
2009,
is
amended
by
striking
28
the
section
and
inserting
in
lieu
thereof
the
following:
29
216A.2
Appointment
of
department
director,
deputy
director,
30
and
administrators
——
duties.
31
1.
The
governor
shall
appoint
a
director
of
the
department
32
of
human
rights,
subject
to
confirmation
by
the
senate
pursuant
33
to
section
2.32.
The
department
director
shall
serve
at
the
34
pleasure
of
the
governor
and
is
exempt
from
the
merit
system
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provisions
of
chapter
8A,
subchapter
IV.
The
governor
shall
1
set
the
salary
of
the
department
director
within
the
ranges
set
2
by
the
general
assembly.
3
2.
The
director
is
the
chief
administrative
officer
of
4
the
department
and
in
that
capacity
administers
the
programs
5
and
services
of
the
department
in
compliance
with
applicable
6
federal
and
state
laws
and
regulations.
The
duties
of
the
7
director
include
preparing
a
budget,
establishing
an
internal
8
administrative
structure,
and
employing
personnel.
9
3.
The
department
director
shall
appoint
the
administrators
10
of
the
divisions
within
the
department
and
all
other
personnel
11
deemed
necessary
for
the
administration
of
this
chapter.
12
The
department
director
shall
establish
the
duties
of
the
13
administrators
of
the
divisions
within
the
department.
14
4.
The
department
director
shall
do
all
of
the
following:
15
a.
Manage
the
internal
operations
of
the
department
and
16
establish
guidelines
and
procedures
to
promote
the
orderly
and
17
efficient
administration
of
the
department.
18
b.
Prepare
a
budget
for
the
department,
subject
to
the
19
budget
requirements
pursuant
to
chapter
8,
for
approval
by
the
20
board.
21
c.
Coordinate
and
supervise
personnel
services
and
shared
22
administrative
support
services
to
assure
maximum
support
and
23
assistance
to
the
divisions.
24
d.
Serve
as
an
ex
officio
member
of
all
commissions
or
25
councils
within
the
department.
26
e.
Serve
as
an
ex
officio,
nonvoting
member
of
the
human
27
rights
board.
28
f.
Solicit
and
accept
gifts
and
grants
on
behalf
of
the
29
department
and
each
commission
or
council
and
administer
such
30
gifts
and
grants
in
accordance
with
the
terms
thereof.
31
g.
Enter
into
contracts
with
public
and
private
individuals
32
and
entities
to
conduct
the
business
and
achieve
the
objectives
33
of
the
department
and
each
commission
or
council.
34
h.
Issue
an
annual
report
to
the
governor
and
general
35
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assembly
no
later
than
November
1
of
each
year
concerning
1
the
operations
of
the
department.
However,
the
division
of
2
criminal
and
juvenile
justice
planning
and
the
division
of
3
community
action
agencies
shall
submit
annual
reports
as
4
specified
in
this
chapter.
5
i.
Seek
to
implement
the
comprehensive
strategic
plan
6
approved
by
the
board
under
section
216A.3.
7
Sec.
104.
Section
216A.3,
Code
2009,
is
amended
by
striking
8
the
section
and
inserting
in
lieu
thereof
the
following:
9
216A.3
Human
rights
board.
10
1.
A
human
rights
board
is
created
within
the
department
of
11
human
rights.
12
2.
The
board
shall
consist
of
fourteen
members,
including
13
nine
voting
members
and
five
nonvoting
members
and
determined
14
as
follows:
15
a.
The
voting
members
shall
consist
of
nine
voting
members
16
selected
by
each
of
the
permanent
commissions
within
the
17
department,
and
two
voting
members,
appointed
by
the
governor.
18
For
purposes
of
this
paragraph
“a”
,
“permanent
commissions”
19
means
the
commission
of
Latino
affairs,
commission
on
the
20
status
of
women,
commission
of
persons
with
disabilities,
21
commission
on
community
action
agencies,
commission
of
deaf
22
services,
criminal
and
juvenile
justice
planning
advisory
23
council,
commission
on
the
status
of
African
Americans,
24
commission
of
Asian
and
Pacific
Islander
affairs,
and
25
commission
of
Native
American
affairs.
26
b.
The
nonvoting
members
shall
consist
of
the
department
27
director,
two
state
representatives,
one
appointed
by
the
28
speaker
of
the
house
of
representatives
and
one
by
the
minority
29
leader
of
the
house
of
representatives,
and
two
state
senators,
30
one
appointed
by
the
majority
leader
of
the
senate
and
one
by
31
the
minority
leader
of
the
senate.
32
3.
A
majority
of
the
members
of
the
board
shall
constitute
33
a
quorum,
and
the
affirmative
vote
of
two-thirds
of
the
voting
34
members
is
necessary
for
any
substantive
action
taken
by
the
35
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board.
The
board
shall
select
a
chairperson
from
the
voting
1
members
of
the
board.
The
board
shall
meet
not
less
than
four
2
times
a
year.
3
4.
The
board
shall
have
the
following
duties:
4
a.
Develop
and
monitor
implementation
of
a
comprehensive
5
strategic
plan
to
remove
barriers
for
underrepresented
6
populations
and,
in
doing
so,
to
increase
Iowa’s
productivity
7
and
inclusivity,
including
performance
measures
and
benchmarks.
8
b.
Approve,
disapprove,
amend,
or
modify
the
budget
9
recommended
by
the
department
director
for
the
operation
of
10
the
department,
subject
to
the
budget
requirements
pursuant
to
11
chapter
8.
12
c.
Adopt
administrative
rules
pursuant
to
chapter
17A,
13
upon
the
recommendation
of
the
department
director,
for
the
14
operation
of
the
department.
15
d.
By
November
1
of
each
year,
approve
the
department
report
16
to
the
general
assembly
and
the
governor
that
covers
activities
17
during
the
preceding
fiscal
year.
18
Sec.
105.
Section
216A.4,
Code
2009,
is
amended
by
adding
19
the
following
new
subsections:
20
NEW
SUBSECTION
.
0A.
“Board”
means
human
rights
board.
21
NEW
SUBSECTION
.
3.
“Underrepresented”
means
the
historical
22
marginalization
of
populations
or
groups
in
the
United
States
23
and
Iowa,
including
but
not
limited
to
African
Americans,
Asian
24
and
Pacific
Islanders,
persons
who
are
deaf
or
hard
of
hearing,
25
persons
with
disabilities,
Latinos,
Native
Americans,
women,
26
persons
who
have
low
socioeconomic
status,
at-risk
youth,
and
27
adults
or
juveniles
with
a
criminal
history.
28
Sec.
106.
NEW
SECTION
.
216A.7
Access
to
information.
29
Upon
request
of
the
director
or
a
commission,
council,
or
30
administrator
of
a
division
of
the
department,
all
boards,
31
agencies,
departments,
and
offices
of
the
state
shall
make
32
available
nonconfidential
information,
records,
data,
and
33
statistics
which
are
relevant
to
the
populations
served
by
the
34
offices,
councils,
and
commissions
of
the
department.
35
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Sec.
107.
Section
216A.11,
subsection
1,
Code
2009,
is
1
amended
by
striking
the
subsection.
2
Sec.
108.
Section
216A.11,
subsection
3,
Code
2009,
is
3
amended
to
read
as
follows:
4
3.
“Division”
“Office”
means
the
division
office
of
Latino
5
affairs
of
the
department
of
human
rights.
6
Sec.
109.
Section
216A.12,
Code
Supplement
2009,
is
amended
7
to
read
as
follows:
8
216A.12
Commission
of
Latino
affairs
——
terms
9
——
compensation
established
.
10
1.
The
commission
of
Latino
affairs
consists
of
11
nine
seven
members,
appointed
by
the
governor
,
and
subject
12
to
confirmation
by
the
senate
pursuant
to
section
2.32
.
13
Commission
members
shall
be
appointed
in
compliance
with
14
sections
69.16
and
69.16A
and
with
consideration
given
15
to
geographic
residence
and
density
of
Latino
population
16
represented
by
each
member
.
Commission
members
shall
reside
17
in
the
state.
18
2.
The
members
of
the
commission
shall
be
appointed
during
19
the
month
of
June
and
shall
serve
for
staggered
four-year
terms
20
of
two
years
commencing
July
1
of
each
odd-numbered
the
year
21
of
appointment
.
Members
appointed
shall
continue
to
serve
22
until
their
respective
successors
are
appointed.
Vacancies
23
in
the
membership
of
the
commission
shall
be
filled
by
the
24
original
appointing
authority
and
in
the
manner
of
the
original
25
appointments.
Members
shall
receive
actual
expenses
incurred
26
while
serving
in
their
official
capacity.
Members
may
also
be
27
eligible
to
receive
compensation
as
provided
in
section
7E.6.
28
3.
The
commission
shall
select
from
its
membership
a
29
chairperson
and
other
officers
as
it
deems
necessary
and
shall
30
meet
at
least
quarterly
each
fiscal
year.
A
majority
of
the
31
members
currently
appointed
to
the
commission
shall
constitute
32
a
quorum
and
the
affirmative
vote
of
a
majority
of
the
33
currently
appointed
members
is
necessary
for
any
substantive
34
action
taken
by
the
commission.
A
member
shall
not
vote
on
any
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action
if
the
member
has
a
conflict
of
interest
on
the
matter
1
and
a
statement
by
the
member
of
a
conflict
of
interest
shall
2
be
conclusive
for
this
purpose.
3
Sec.
110.
Section
216A.13,
Code
2009,
is
amended
by
striking
4
the
section
and
inserting
in
lieu
thereof
the
following:
5
216A.13
Commission
of
Latino
affairs
——
duties.
6
The
commission
shall
have
the
following
duties:
7
1.
Study
the
opportunities
for
and
changing
needs
of
the
8
Latino
population
of
this
state.
9
2.
Serve
as
liaison
between
the
department
of
human
rights
10
and
the
public,
sharing
information
and
gathering
constituency
11
input.
12
3.
Recommend
to
the
board
the
adoption
of
rules
pursuant
to
13
chapter
17A
as
it
deems
necessary.
14
4.
Recommend
legislative
and
executive
action
to
the
15
governor
and
general
assembly.
16
5.
Establish
advisory
committees,
work
groups,
or
other
17
coalitions
as
appropriate.
18
Sec.
111.
Section
216A.14,
Code
2009,
is
amended
by
striking
19
the
section
and
inserting
in
lieu
thereof
the
following:
20
216A.14
Office
of
Latino
affairs
——
duties.
21
The
office
of
Latino
affairs
is
established
and
shall
do
the
22
following:
23
1.
Serve
as
the
central
permanent
agency
to
advocate
for
24
Latino
persons.
25
2.
Coordinate
and
cooperate
with
the
efforts
of
state
26
departments
and
agencies
to
serve
the
needs
of
Latino
persons
27
in
participating
fully
in
the
economic,
social,
and
cultural
28
life
of
the
state,
and
by
providing
direct
assistance
to
those
29
who
request
it.
30
3.
Develop,
coordinate,
and
assist
other
public
31
organizations
which
serve
Latino
persons.
32
4.
Serve
as
an
information
clearinghouse
on
programs
and
33
agencies
operating
to
assist
Latino
persons.
34
Sec.
112.
Section
216A.15,
subsections
1
through
9,
Code
35
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are
amended
by
striking
the
subsections
and
inserting
in
1
lieu
thereof
the
following:
2
1.
Study
the
opportunities
for
and
changing
needs
of
the
3
Latino
population
of
this
state.
4
2.
Serve
as
liaison
between
the
office
and
the
public,
5
sharing
information
and
gathering
constituency
input.
6
3.
Recommend
to
the
board
for
adoption
rules
pursuant
7
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
8
office.
9
4.
Recommend
to
the
department
director
policies
and
10
programs
for
the
office.
11
5.
Establish
advisory
committees,
work
groups,
or
other
12
coalitions
as
appropriate.
13
Sec.
113.
Section
216A.51,
subsection
1,
Code
2009,
is
14
amended
by
striking
the
subsection.
15
Sec.
114.
Section
216A.51,
subsection
3,
Code
2009,
is
16
amended
to
read
as
follows:
17
3.
“Division”
“Office”
means
the
division
office
on
the
18
status
of
women
of
the
department
of
human
rights.
19
Sec.
115.
Section
216A.52,
Code
2009,
is
amended
by
striking
20
the
section
and
inserting
in
lieu
thereof
the
following:
21
216A.52
Office
on
the
status
of
women.
22
The
office
on
the
status
of
women
is
established,
and
shall
23
do
the
following:
24
1.
Serve
as
the
central
permanent
agency
to
advocate
for
25
women
and
girls.
26
2.
Coordinate
and
cooperate
with
the
efforts
of
state
27
departments
and
agencies
to
serve
the
needs
of
women
and
girls
28
in
participating
fully
in
the
economic,
social,
and
cultural
29
life
of
the
state,
and
provide
direct
assistance
to
individuals
30
who
request
it.
31
3.
Serve
as
a
clearinghouse
on
programs
and
agencies
32
operating
to
assist
women
and
girls.
33
4.
Develop,
coordinate,
and
assist
other
public
or
private
34
organizations
which
serve
women
and
girls.
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Sec.
116.
Section
216A.53,
Code
2009,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
216A.53
Commission
on
the
status
of
women
established.
3
1.
The
commission
on
the
status
of
women
is
established
and
4
shall
consist
of
seven
voting
members
who
shall
be
appointed
by
5
the
governor,
subject
to
confirmation
by
the
senate
pursuant
6
to
section
2.32,
and
shall
represent
a
cross
section
of
the
7
citizens
of
the
state.
All
members
shall
reside
in
the
state.
8
2.
The
term
of
office
for
voting
members
is
four
years.
9
Terms
shall
be
staggered.
Members
whose
terms
expire
may
be
10
reappointed.
Vacancies
in
voting
membership
positions
on
11
the
commission
shall
be
filled
for
the
unexpired
term
in
the
12
same
manner
as
the
original
appointment.
Voting
members
of
13
the
commission
may
receive
a
per
diem
as
specified
in
section
14
7E.6
and
shall
be
reimbursed
for
actual
expenses
incurred
15
while
serving
in
their
official
capacity,
subject
to
statutory
16
limits.
17
3.
Members
of
the
commission
shall
appoint
a
chairperson
and
18
vice
chairperson
and
any
other
officers
as
the
commission
deems
19
necessary.
The
commission
shall
meet
at
least
quarterly
during
20
each
fiscal
year.
A
majority
of
the
voting
members
currently
21
appointed
to
the
commission
shall
constitute
a
quorum.
A
22
quorum
of
the
members
shall
be
required
for
the
conduct
of
23
business
of
the
commission
and
the
affirmative
vote
of
a
24
majority
of
the
currently
appointed
voting
members
is
necessary
25
for
any
substantive
action
taken
by
the
commission.
A
member
26
shall
not
vote
on
any
action
if
the
member
has
a
conflict
of
27
interest
on
the
matter
and
a
statement
by
the
member
of
a
28
conflict
of
interest
shall
be
conclusive
for
this
purpose.
29
Sec.
117.
Section
216A.54,
Code
2009,
is
amended
by
striking
30
the
section
and
inserting
in
lieu
thereof
the
following:
31
216A.54
Commission
powers
and
duties.
32
The
commission
shall
have
the
following
powers
and
duties:
33
1.
Study
the
opportunities
for
and
changing
needs
of
the
34
women
and
girls
of
this
state.
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2.
Serve
as
liaison
between
the
office
and
the
public,
1
sharing
information
and
gathering
constituency
input.
2
3.
Recommend
to
the
board
the
adoption
of
rules
pursuant
3
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
4
office.
5
4.
Recommend
legislative
and
executive
action
to
the
6
governor
and
general
assembly.
7
5.
Establish
advisory
committees,
work
groups,
or
other
8
coalitions
as
appropriate.
9
Sec.
118.
Section
216A.71,
subsection
1,
Code
2009,
is
10
amended
by
striking
the
subsection.
11
Sec.
119.
Section
216A.71,
subsection
3,
Code
2009,
is
12
amended
to
read
as
follows:
13
3.
“Division”
“Office”
means
the
division
office
of
persons
14
with
disabilities
of
the
department
of
human
rights.
15
Sec.
120.
Section
216A.72,
Code
2009,
is
amended
by
striking
16
the
section
and
inserting
in
lieu
thereof
the
following:
17
216A.72
Office
of
persons
with
disabilities.
18
The
office
of
persons
with
disabilities
is
established,
and
19
shall
do
all
of
the
following:
20
1.
Serve
as
the
central
permanent
agency
to
advocate
for
21
persons
with
disabilities.
22
2.
Coordinate
and
cooperate
with
the
efforts
of
state
23
departments
and
agencies
to
serve
the
needs
of
persons
with
24
disabilities
in
participating
fully
in
the
economic,
social,
25
and
cultural
life
of
the
state,
and
provide
direct
assistance
26
to
individuals
who
request
it.
27
3.
Develop,
coordinate,
and
assist
other
public
or
private
28
organizations
which
serve
persons
with
disabilities.
29
4.
Serve
as
an
information
clearinghouse
on
programs
and
30
agencies
operating
to
assist
persons
with
disabilities.
31
Sec.
121.
Section
216A.74,
Code
Supplement
2009,
is
amended
32
by
striking
the
section
and
inserting
in
lieu
thereof
the
33
following:
34
216A.74
Commission
of
persons
with
disabilities
established.
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1.
The
commission
of
persons
with
disabilities
is
1
established
and
shall
consist
of
seven
voting
members
appointed
2
by
the
governor
subject
to
confirmation
by
the
senate
pursuant
3
to
section
2.32.
A
majority
of
the
commission
shall
be
persons
4
with
disabilities.
All
members
shall
reside
in
the
state.
5
2.
Members
of
the
commission
shall
serve
four-year
6
staggered
terms
which
shall
begin
and
end
pursuant
to
section
7
69.19.
Members
whose
terms
expire
may
be
reappointed.
8
Vacancies
on
the
commission
shall
be
filled
for
the
unexpired
9
term
in
the
same
manner
as
the
original
appointment.
Voting
10
members
shall
receive
actual
expenses
incurred
while
serving
11
in
their
official
capacity,
subject
to
statutory
limits.
12
Voting
members
may
also
be
eligible
to
receive
compensation
as
13
provided
in
section
7E.6.
14
3.
Members
of
the
commission
shall
appoint
a
chairperson.
15
The
commission
shall
meet
at
least
quarterly
during
each
fiscal
16
year.
A
majority
of
the
voting
members
currently
appointed
17
to
the
commission
shall
constitute
a
quorum.
A
quorum
shall
18
be
required
for
the
conduct
of
business
of
the
commission
and
19
the
affirmative
vote
of
a
majority
of
the
currently
appointed
20
voting
members
is
necessary
for
any
substantive
action
taken
by
21
the
commission.
A
member
shall
not
vote
on
any
action
if
the
22
member
has
a
conflict
of
interest
on
the
matter
and
a
statement
23
by
the
member
of
a
conflict
of
interest
shall
be
conclusive
for
24
this
purpose.
25
Sec.
122.
Section
216A.75,
Code
2009,
is
amended
by
striking
26
the
section
and
inserting
in
lieu
thereof
the
following:
27
216A.75
Commission
powers
and
duties.
28
The
commission
shall
have
the
following
powers
and
duties:
29
1.
Study
the
opportunities
for
and
changing
needs
of
persons
30
with
disabilities
in
this
state.
31
2.
Serve
as
liaisons
between
the
office
and
the
public,
32
sharing
information
and
gathering
constituency
input.
33
3.
Recommend
to
the
board
the
adoption
of
rules
pursuant
34
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
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office.
1
4.
Recommend
legislative
and
executive
action
to
the
2
governor
and
general
assembly.
3
5.
Establish
advisory
committees,
work
groups,
or
other
4
coalitions
as
appropriate.
5
Sec.
123.
Section
216A.92,
Code
2009,
is
amended
by
striking
6
the
section
and
inserting
in
lieu
thereof
the
following:
7
216A.92
Division
of
community
action
agencies.
8
1.
The
division
of
community
action
agencies
is
9
established.
The
purpose
of
the
division
of
community
action
10
agencies
is
to
strengthen,
supplement,
and
coordinate
efforts
11
to
develop
the
full
potential
of
each
citizen
by
recognizing
12
certain
community
action
agencies
and
supporting
certain
13
community-based
programs
delivered
by
community
action
14
agencies.
15
2.
The
division
shall
do
all
of
the
following:
16
a.
Provide
financial
assistance
for
community
action
17
agencies
to
implement
community
action
programs,
as
permitted
18
by
the
community
service
block
grant
and
subject
to
the
funding
19
made
available
for
the
program.
20
b.
Administer
the
community
services
block
grant,
the
21
low-income
energy
assistance
block
grants,
department
of
energy
22
funds
for
weatherization,
and
other
possible
funding
sources.
23
If
a
political
subdivision
is
the
community
action
agency,
24
the
financial
assistance
shall
be
allocated
to
the
political
25
subdivision.
26
c.
Implement
accountability
measures
for
its
programs
and
27
require
regular
reporting
on
the
measures
by
the
community
28
action
agencies.
29
d.
Issue
an
annual
report
to
the
governor
and
general
30
assembly
by
July
1
of
each
year.
31
Sec.
124.
Section
216A.92A,
subsection
1,
paragraph
c,
Code
32
2009,
is
amended
to
read
as
follows:
33
c.
One-third
of
the
members
shall
be
persons
who,
according
34
to
federal
guidelines,
have
incomes
at
or
below
one
hundred
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eighty-five
percent
of
poverty
level.
1
Sec.
125.
Section
216A.92A,
subsection
3,
Code
2009,
is
2
amended
to
read
as
follows:
3
3.
The
commission
shall
select
from
its
membership
a
4
chairperson
and
other
officers
as
it
deems
necessary.
The
5
commission
shall
meet
no
less
than
four
times
per
year.
A
6
majority
of
the
members
of
the
commission
shall
constitute
a
7
quorum.
8
Sec.
126.
Section
216A.92B,
Code
2009,
is
amended
by
9
striking
the
section
and
inserting
in
lieu
thereof
the
10
following:
11
216A.92B
Commission
powers
and
duties.
12
The
commission
shall
have
the
following
powers
and
duties:
13
1.
Recommend
to
the
board
the
adoption
of
rules
pursuant
14
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
15
division.
16
2.
Supervise
the
collection
of
data
regarding
the
scope
of
17
services
provided
by
the
community
action
agencies.
18
3.
Serve
as
liaisons
between
the
division
and
the
public,
19
sharing
information
and
gathering
constituency
input.
20
4.
Make
recommendations
to
the
governor
and
the
general
21
assembly
for
executive
and
legislative
action
designed
to
22
improve
the
status
of
low-income
persons
in
the
state.
23
5.
Establish
advisory
committees,
work
groups,
or
other
24
coalitions
as
appropriate.
25
Sec.
127.
Section
216A.93,
Code
2009,
is
amended
to
read
as
26
follows:
27
216A.93
Establishment
of
community
action
agencies.
28
The
division
shall
recognize
and
assist
in
the
designation
29
of
certain
community
action
agencies
to
assist
in
the
30
delivery
of
community
action
programs.
These
programs
shall
31
include
,
but
not
be
limited
to
,
outreach,
community
services
32
block
grant,
low-income
energy
assistance,
and
weatherization
33
programs.
If
a
community
action
agency
is
in
effect
and
34
currently
serving
an
area,
that
community
action
agency
shall
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become
the
designated
community
action
agency
for
that
area.
1
If
there
is
not
a
designated
community
action
agency
in
the
2
area
a
city
council
or
county
board
of
supervisors
or
any
3
combination
of
one
or
more
councils
or
boards
may
establish
4
a
community
action
agency
and
may
apply
to
the
division
for
5
recognition.
The
council
or
board
or
the
combination
may
adopt
6
an
ordinance
or
resolution
establishing
a
community
action
7
agency
if
a
community
action
agency
has
not
been
designated.
8
It
is
the
purpose
of
the
division
of
community
action
agencies
9
to
strengthen,
supplement,
and
coordinate
efforts
to
develop
10
the
full
potential
of
each
citizen
by
recognizing
certain
11
community
action
agencies
and
the
continuation
of
certain
12
community-based
programs
delivered
by
community
action
13
agencies.
If
any
geographic
area
of
the
state
ceases
to
be
14
served
by
a
designated
community
action
agency,
the
division
15
may
solicit
applications
and
assist
the
governor
in
designating
16
a
community
action
agency
for
that
area
in
accordance
with
17
current
community
services
block
grant
requirements.
18
Sec.
128.
Section
216A.94,
subsection
2,
Code
2009,
is
19
amended
to
read
as
follows:
20
2.
Notwithstanding
subsection
1,
a
public
agency
21
shall
establish
an
advisory
board
or
may
contract
with
a
22
delegate
agency
to
assist
the
governing
board
in
meeting
23
the
requirements
of
section
216A.95
.
The
advisory
board
or
24
delegate
agency
board
shall
be
composed
of
the
same
type
25
of
membership
as
a
board
of
directors
for
community
action
26
agencies
under
subsection
1.
However,
the
public
agency
acting
27
as
In
addition,
the
advisory
board
of
the
community
action
28
agency
shall
have
the
sole
authority
to
determine
annual
29
program
budget
requests.
30
Sec.
129.
Section
216A.95,
subsection
1,
Code
2009,
is
31
amended
by
striking
the
subsection
and
inserting
in
lieu
32
thereof
the
following:
33
1.
The
governing
board
or
advisory
board
shall
fully
34
participate
in
the
development,
planning,
implementation,
and
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evaluation
of
programs
to
serve
low-income
communities.
1
Sec.
130.
Section
216A.96,
subsection
1,
Code
2009,
is
2
amended
by
striking
the
subsection
and
inserting
in
lieu
3
thereof
the
following:
4
1.
Plan
and
implement
strategies
to
alleviate
the
5
conditions
of
poverty
and
encourage
self-sufficiency
for
6
citizens
in
its
service
area
and
in
Iowa.
In
doing
so,
7
an
agency
shall
plan
for
a
community
action
program
by
8
establishing
priorities
among
projects,
activities,
and
areas
9
to
provide
for
the
most
efficient
use
of
possible
resources.
10
Sec.
131.
Section
216A.96,
subsection
4,
Code
2009,
is
11
amended
to
read
as
follows:
12
4.
Encourage
and
support
self-help,
volunteer,
business,
13
labor,
and
other
groups
and
organizations
to
assist
public
14
officials
and
agencies
in
supporting
a
community
action
program
15
which
results
in
the
additional
use
of
by
providing
private
16
resources
while
,
developing
new
employment
opportunities,
17
encouraging
investments
which
have
an
impact
on
reducing
18
poverty
among
the
poor
in
areas
of
concentrated
poverty,
and
19
providing
methods
by
which
low-income
persons
can
work
with
20
private
organizations,
businesses,
and
institutions
in
seeking
21
solutions
to
problems
of
common
concern.
22
Sec.
132.
Section
216A.97,
Code
2009,
is
amended
to
read
as
23
follows:
24
216A.97
Administration.
25
A
community
action
agency
or
a
delegate
agency
may
26
administer
the
components
of
a
community
action
program
27
when
the
program
is
consistent
with
plans
and
purposes
and
28
applicable
law.
The
community
action
programs
may
be
projects
29
which
are
eligible
for
assistance
from
any
source.
The
30
programs
shall
be
developed
to
meet
local
needs
and
may
be
31
designed
to
meet
eligibility
standards
of
a
federal
or
state
32
program
providing
assistance
to
a
plan
to
meet
local
needs
.
33
Sec.
133.
Section
216A.98,
Code
2009,
is
amended
to
read
as
34
follows:
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216A.98
Audit.
1
Each
community
action
agency
shall
be
audited
annually
but
2
shall
not
be
required
to
obtain
a
duplicate
audit
to
meet
the
3
requirements
of
this
section.
In
lieu
of
an
audit
by
the
4
auditor
of
state,
the
community
action
agency
may
contract
with
5
or
employ
a
certified
public
accountant
to
conduct
the
audit,
6
pursuant
to
the
applicable
terms
and
conditions
prescribed
by
7
sections
11.6
and
11.19
and
an
audit
format
prescribed
by
the
8
auditor
of
state.
Copies
of
each
audit
shall
be
furnished
to
9
the
division
within
three
months
following
the
annual
audit
in
10
a
manner
prescribed
by
the
division
.
11
Sec.
134.
Section
216A.102,
subsection
3,
Code
2009,
is
12
amended
to
read
as
follows:
13
3.
Under
rules
developed
by
the
division
of
community
action
14
agencies
of
the
department
of
human
rights
and
adopted
by
15
the
board
,
the
fund
may
be
used
to
negotiate
reconnection
of
16
essential
utility
services
with
the
energy
provider.
17
Sec.
135.
Section
216A.104,
subsections
4
and
5,
Code
2009,
18
are
amended
by
striking
the
subsections.
19
Sec.
136.
Section
216A.107,
subsection
2,
Code
Supplement
20
2009,
is
amended
to
read
as
follows:
21
2.
Unless
otherwise
provided
by
law,
terms
of
members,
22
election
of
officers,
and
other
procedural
matters
shall
be
23
as
determined
by
the
council.
A
quorum
shall
be
required
for
24
the
conduct
of
business
of
the
council
and
the
affirmative
25
vote
of
a
majority
of
the
currently
appointed
voting
members
26
is
necessary
for
any
substantive
action
taken
by
the
council.
27
A
member
shall
not
vote
on
any
action
if
the
member
has
a
28
conflict
of
interest
on
the
matter
and
a
statement
by
the
29
member
of
a
conflict
of
interest
shall
be
conclusive
for
this
30
purpose.
31
Sec.
137.
Section
216A.111,
subsection
1,
Code
2009,
is
32
amended
by
striking
the
subsection.
33
Sec.
138.
Section
216A.111,
subsection
3,
Code
2009,
is
34
amended
to
read
as
follows:
35
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3.
“Division”
“Office”
means
the
division
office
of
deaf
1
services
of
the
department
of
human
rights.
2
Sec.
139.
Section
216A.112,
Code
2009,
is
amended
by
3
striking
the
section
and
inserting
in
lieu
thereof
the
4
following:
5
216A.112
Office
of
deaf
services.
6
The
office
of
deaf
services
is
established,
and
shall
do
all
7
of
the
following:
8
1.
Serve
as
the
central
permanent
agency
to
advocate
for
9
persons
who
are
deaf
or
hard
of
hearing.
10
2.
Coordinate
and
cooperate
with
the
efforts
of
state
11
departments
and
agencies
to
serve
the
needs
of
persons
who
are
12
deaf
or
hard
of
hearing
in
participating
fully
in
the
economic,
13
social,
and
cultural
life
of
the
state,
and
provide
direct
14
assistance
to
individuals
who
request
it.
15
3.
Develop,
coordinate,
and
assist
other
public
or
private
16
organizations
which
serve
persons
who
are
deaf
or
hard
of
17
hearing.
18
4.
Serve
as
an
information
clearinghouse
on
programs
and
19
agencies
operating
to
assist
persons
who
are
deaf
or
hard
of
20
hearing.
21
Sec.
140.
Section
216A.113,
Code
2009,
is
amended
by
22
striking
the
section
and
inserting
in
lieu
thereof
the
23
following:
24
216A.113
Deaf
services
commission
established.
25
1.
The
commission
on
the
deaf
is
established,
and
shall
26
consist
of
seven
voting
members
appointed
by
the
governor,
27
subject
to
confirmation
by
the
senate
pursuant
to
section
28
2.32.
Membership
of
the
commission
shall
include
at
least
four
29
members
who
are
deaf
and
who
cannot
hear
human
speech
with
or
30
without
use
of
amplification
and
at
least
one
member
who
is
31
hard
of
hearing.
All
members
shall
reside
in
Iowa.
32
2.
Members
of
the
commission
shall
serve
four-year
33
staggered
terms
which
shall
begin
and
end
pursuant
to
section
34
69.19.
Members
whose
terms
expire
may
be
reappointed.
35
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Vacancies
on
the
commission
may
be
filled
for
the
remainder
1
of
the
term
in
the
same
manner
as
the
original
appointment.
2
Members
shall
receive
actual
expenses
incurred
while
serving
in
3
their
official
capacity,
subject
to
statutory
limits.
Members
4
may
also
be
eligible
to
receive
compensation
as
provided
in
5
section
7E.6.
6
3.
Members
of
the
commission
shall
appoint
a
chairperson
7
and
vice
chairperson
and
other
officers
as
the
commission
8
deems
necessary.
The
commission
shall
meet
at
least
quarterly
9
during
each
fiscal
year.
A
majority
of
the
members
currently
10
appointed
to
the
commission
shall
constitute
a
quorum.
A
11
quorum
shall
be
required
for
the
conduct
of
business
of
the
12
commission
and
the
affirmative
vote
of
a
majority
of
the
13
currently
appointed
members
is
necessary
for
any
substantive
14
action
taken
by
the
commission.
A
member
shall
not
vote
on
any
15
action
if
the
member
has
a
conflict
of
interest
on
the
matter
16
and
a
statement
by
the
member
of
a
conflict
of
interest
shall
17
be
conclusive
for
this
purpose.
18
Sec.
141.
Section
216A.114,
Code
2009,
is
amended
by
19
striking
the
section
and
inserting
in
lieu
thereof
the
20
following:
21
216A.114
Commission
powers
and
duties.
22
The
commission
shall
have
the
following
powers
and
duties:
23
1.
Study
the
changing
needs
and
opportunities
for
the
deaf
24
and
hard-of-hearing
people
in
this
state.
25
2.
Serve
as
a
liaison
between
the
office
and
the
public,
26
sharing
information
and
gathering
constituency
input.
27
3.
Recommend
to
the
board
for
adoption
rules
pursuant
28
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
29
office.
30
4.
Recommend
legislative
and
executive
action
to
the
31
governor
and
general
assembly.
32
5.
Establish
advisory
committees,
work
groups,
or
other
33
coalitions
as
appropriate.
34
Sec.
142.
NEW
SECTION
.
216A.131A
Division
of
criminal
and
35
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2088
juvenile
justice
planning.
1
The
division
of
criminal
and
juvenile
justice
planning
is
2
established
to
fulfill
the
responsibilities
of
this
subchapter,
3
including
the
duties
specified
in
sections
216A.135,
216A.136,
4
216A.137,
216A.138,
and
216A.139.
5
Sec.
143.
Section
216A.132,
subsection
1,
unnumbered
6
paragraph
1,
Code
2009,
is
amended
to
read
as
follows:
7
A
criminal
and
juvenile
justice
planning
advisory
council
is
8
established
consisting
of
twenty-three
members
who
shall
all
9
reside
in
the
state
.
10
Sec.
144.
Section
216A.132,
subsection
1,
paragraph
b,
Code
11
2009,
is
amended
to
read
as
follows:
12
b.
The
departments
of
human
services,
corrections,
13
and
public
safety,
the
division
office
on
the
status
of
14
African-Americans
African
Americans
,
the
Iowa
department
of
15
public
health,
the
chairperson
of
the
board
of
parole,
the
16
attorney
general,
the
state
public
defender,
the
governor’s
17
office
of
drug
control
policy,
and
the
chief
justice
of
the
18
supreme
court
shall
each
designate
a
person
to
serve
on
the
19
council.
The
person
appointed
by
the
Iowa
department
of
public
20
health
shall
be
from
the
departmental
staff
who
administer
the
21
comprehensive
substance
abuse
program
under
chapter
125.
22
Sec.
145.
Section
216A.132,
Code
2009,
is
amended
by
adding
23
the
following
new
subsection:
24
NEW
SUBSECTION
.
3.
Members
of
the
council
shall
appoint
25
a
chairperson
and
vice
chairperson
and
other
officers
as
the
26
council
deems
necessary.
A
majority
of
the
voting
members
27
currently
appointed
to
the
council
shall
constitute
a
quorum.
28
A
quorum
shall
be
required
for
the
conduct
of
business
of
the
29
council
and
the
affirmative
vote
of
a
majority
of
the
currently
30
appointed
members
is
necessary
for
any
substantive
action
taken
31
by
the
council.
A
member
shall
not
vote
on
any
action
if
the
32
member
has
a
conflict
of
interest
on
the
matter
and
a
statement
33
by
the
member
of
a
conflict
of
interest
shall
be
conclusive
for
34
this
purpose.
35
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2088
Sec.
146.
Section
216A.133,
subsection
5,
Code
2009,
is
1
amended
to
read
as
follows:
2
5.
Administer
federal
funds
and
funds
appropriated
by
3
the
state
or
that
are
otherwise
available
in
compliance
with
4
applicable
laws,
regulations,
and
other
requirements
for
5
purposes
of
study,
research,
investigation,
planning,
and
6
implementation
in
the
areas
of
criminal
and
juvenile
justice.
7
Sec.
147.
Section
216A.133,
Code
2009,
is
amended
by
adding
8
the
following
new
subsections:
9
NEW
SUBSECTION
.
8.
Provide
input
to
the
department
director
10
in
the
development
of
budget
recommendations
for
the
division.
11
NEW
SUBSECTION
.
9.
Serve
as
liaison
between
the
division
12
and
the
public,
sharing
information
and
gathering
constituency
13
input.
14
NEW
SUBSECTION
.
10.
Recommend
to
the
board
for
adoption
15
rules
pursuant
to
chapter
17A
as
it
deems
necessary
for
the
16
council
and
division.
17
NEW
SUBSECTION
.
11.
Recommend
legislative
and
executive
18
action
to
the
governor
and
general
assembly.
19
NEW
SUBSECTION
.
12.
Establish
advisory
committees,
work
20
groups,
or
other
coalitions
as
appropriate.
21
Sec.
148.
Section
216A.138,
subsection
8,
Code
2009,
is
22
amended
by
striking
the
subsection.
23
Sec.
149.
Section
216A.141,
subsection
1,
Code
2009,
is
24
amended
by
striking
the
subsection.
25
Sec.
150.
Section
216A.141,
subsection
3,
Code
2009,
is
26
amended
to
read
as
follows:
27
3.
“Division”
“Office”
means
the
division
office
on
the
28
status
of
African-Americans
African
Americans
of
the
department
29
of
human
rights.
30
Sec.
151.
Section
216A.142,
Code
2009,
is
amended
by
31
striking
the
section
and
inserting
in
lieu
thereof
the
32
following:
33
216A.142
Commission
on
the
status
of
African
Americans
34
established.
35
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255
S.F.
2088
1.
The
commission
on
the
status
of
African
Americans
is
1
established
and
shall
consist
of
seven
members
appointed
by
2
the
governor,
subject
to
confirmation
by
the
senate.
All
3
members
shall
reside
in
Iowa.
At
least
five
members
shall
be
4
individuals
who
are
African
American.
5
2.
Terms
of
office
are
staggered
four-year
terms.
Members
6
whose
terms
expire
may
be
reappointed.
Vacancies
on
the
7
commission
shall
be
filled
for
the
remainder
of
the
term
of
and
8
in
the
same
manner
as
the
original
appointment.
The
commission
9
shall
meet
quarterly
and
may
hold
special
meetings
on
the
call
10
of
the
chairperson.
The
members
of
the
commission
shall
be
11
reimbursed
for
actual
expenses
while
engaged
in
their
official
12
duties.
Members
may
also
be
eligible
to
receive
compensation
13
as
provided
in
section
7E.6.
14
3.
Members
of
the
commission
shall
appoint
a
chairperson
15
and
vice
chairperson
and
other
officers
as
the
commission
16
deems
necessary.
A
majority
of
members
of
the
commission
17
shall
constitute
a
quorum.
A
quorum
shall
be
required
for
the
18
conduct
of
business
of
the
commission
and
the
affirmative
vote
19
of
a
majority
of
the
currently
appointed
members
is
necessary
20
for
any
substantive
action
taken
by
the
commission.
A
member
21
shall
not
vote
on
any
action
if
the
member
has
a
conflict
of
22
interest
on
the
matter
and
a
statement
by
the
member
of
a
23
conflict
of
interest
shall
be
conclusive
for
this
purpose.
24
Sec.
152.
Section
216A.143,
Code
2009,
is
amended
by
25
striking
the
section
and
inserting
in
lieu
thereof
the
26
following:
27
216A.143
Commission
powers
and
duties.
28
The
commission
shall
have
the
following
powers
and
duties:
29
1.
Study
the
opportunities
for
and
changing
needs
of
the
30
African
American
community
in
this
state.
31
2.
Serve
as
liaison
between
the
office
and
the
public,
32
sharing
information
and
gathering
constituency
input.
33
3.
Recommend
to
the
board
for
adoption
rules
pursuant
34
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
35
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255
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2088
office.
1
4.
Recommend
executive
and
legislative
action
to
the
2
governor
and
general
assembly.
3
5.
Establish
advisory
committees,
work
groups,
or
other
4
coalitions
as
appropriate.
5
Sec.
153.
Section
216A.146,
Code
2009,
is
amended
by
6
striking
the
section
and
inserting
in
lieu
thereof
the
7
following:
8
216A.146
Office
on
the
status
of
African
Americans.
9
The
office
on
the
status
of
African
Americans
is
established
10
and
shall
do
the
following:
11
1.
Serve
as
the
central
permanent
agency
to
advocate
for
12
African
Americans.
13
2.
Coordinate
and
cooperate
with
the
efforts
of
state
14
departments
and
agencies
to
serve
the
needs
of
African
15
Americans
in
participating
fully
in
the
economic,
social,
and
16
cultural
life
of
the
state,
and
provide
direct
assistance
to
17
individuals
who
request
it.
18
3.
Develop,
coordinate,
and
assist
other
public
or
private
19
organizations
which
serve
African
Americans.
20
4.
Serve
as
an
information
clearinghouse
on
programs
and
21
agencies
operating
to
assist
African
Americans.
22
Sec.
154.
Section
216A.151,
subsection
1,
Code
2009,
is
23
amended
by
striking
the
subsection.
24
Sec.
155.
Section
216A.151,
subsection
3,
Code
2009,
is
25
amended
to
read
as
follows:
26
3.
“Commission”
means
the
commission
on
the
status
of
27
Iowans
of
Asian
and
Pacific
Islander
heritage
affairs
.
28
Sec.
156.
Section
216A.151,
subsection
4,
Code
2009,
is
29
amended
to
read
as
follows:
30
4.
“Division”
“Office”
means
the
division
on
the
status
of
31
Iowans
office
of
Asian
and
Pacific
Islander
heritage
affairs
of
32
the
department
of
human
rights.
33
Sec.
157.
Section
216A.152,
Code
2009,
is
amended
by
34
striking
the
section
and
inserting
in
lieu
thereof
the
35
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255
S.F.
2088
following:
1
216A.152
Commission
of
Asian
and
Pacific
Islander
affairs
2
established.
3
1.
The
commission
of
Asian
and
Pacific
Islander
affairs
is
4
established
and
shall
consist
of
seven
members
appointed
by
the
5
governor,
subject
to
confirmation
by
the
senate.
Members
shall
6
be
appointed
representing
every
geographical
area
of
the
state
7
and
ethnic
groups
of
Asian
and
Pacific
Islander
heritage.
All
8
members
shall
reside
in
Iowa.
9
2.
Terms
of
office
are
four
years
and
shall
begin
and
end
10
pursuant
to
section
69.19.
Members
whose
terms
expire
may
be
11
reappointed.
Vacancies
on
the
commission
may
be
filled
for
the
12
remainder
of
the
term
of
and
in
the
same
manner
as
the
original
13
appointment.
Members
shall
receive
actual
expenses
incurred
14
while
serving
in
their
official
capacity,
subject
to
statutory
15
limits.
Members
may
also
be
eligible
to
receive
compensation
16
as
provided
in
section
7E.6.
17
3.
Members
of
the
commission
shall
appoint
a
chairperson
18
and
vice
chairperson
and
other
officers
as
the
commission
deems
19
necessary.
The
commission
shall
meet
at
least
quarterly
during
20
each
fiscal
year.
A
majority
of
the
members
of
the
commission
21
shall
constitute
a
quorum.
A
quorum
shall
be
required
for
the
22
conduct
of
business
of
the
commission
and
the
affirmative
vote
23
of
a
majority
of
the
currently
appointed
members
is
necessary
24
for
any
substantive
action
taken
by
the
commission.
A
member
25
shall
not
vote
on
any
action
if
the
member
has
a
conflict
of
26
interest
on
the
matter
and
a
statement
by
the
member
of
a
27
conflict
of
interest
shall
be
conclusive
for
this
purpose.
28
Sec.
158.
Section
216A.153,
Code
2009,
is
amended
by
29
striking
the
section
and
inserting
in
lieu
thereof
the
30
following:
31
216A.153
Commission
powers
and
duties.
32
The
commission
shall
have
the
following
powers
and
duties:
33
1.
Study
the
opportunities
for
and
changing
needs
of
the
34
Asian
and
Pacific
Islander
persons
in
this
state.
35
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255
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2088
2.
Serve
as
liaison
between
the
office
and
the
public,
1
sharing
information
and
gathering
constituency
input.
2
3.
Recommend
to
the
board
for
adoption
rules
pursuant
3
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
4
office.
5
4.
Recommend
legislative
and
executive
action
to
the
6
governor
and
general
assembly.
7
5.
Establish
advisory
committees,
work
groups,
or
other
8
coalitions
as
appropriate.
9
Sec.
159.
Section
216A.154,
Code
2009,
is
amended
by
10
striking
the
section
and
inserting
in
lieu
thereof
the
11
following:
12
216A.154
Office
of
Asian
and
Pacific
Islander
affairs.
13
The
office
of
Asian
and
Pacific
Islander
affairs
is
14
established
and
shall
do
the
following:
15
1.
Serve
as
the
central
permanent
agency
to
advocate
for
16
Iowans
of
Asian
and
Pacific
Islander
heritage.
17
2.
Coordinate
and
cooperate
with
the
efforts
of
state
18
departments
and
agencies
to
serve
the
needs
of
Iowans
of
Asian
19
and
Pacific
Islander
heritage
in
participating
fully
in
the
20
economic,
social,
and
cultural
life
of
the
state,
and
provide
21
direct
assistance
to
individuals
who
request
it.
22
3.
Develop,
coordinate,
and
assist
other
public
or
private
23
organizations
which
serve
Iowans
of
Asian
and
Pacific
Islander
24
heritage.
25
4.
Serve
as
an
information
clearinghouse
on
programs
26
and
agencies
operating
to
assist
Iowans
of
Asian
and
Pacific
27
Islander
heritage.
28
Sec.
160.
Section
216A.161,
subsection
1,
Code
2009,
is
29
amended
by
striking
the
subsection.
30
Sec.
161.
Section
216A.161,
subsection
2,
Code
2009,
is
31
amended
to
read
as
follows:
32
2.
“Commission”
means
the
commission
on
of
Native
American
33
affairs.
34
Sec.
162.
Section
216A.161,
subsection
3,
Code
2009,
is
35
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83
ec/rj
78/
255
S.F.
2088
amended
to
read
as
follows:
1
3.
“Division”
“Office”
means
the
division
on
office
2
of
Native
American
affairs
of
the
department
of
human
rights.
3
Sec.
163.
Section
216A.162,
subsection
1,
Code
2009,
is
4
amended
to
read
as
follows:
5
1.
A
commission
on
of
Native
American
affairs
is
established
6
consisting
of
eleven
voting
members
appointed
by
the
governor,
7
subject
to
confirmation
by
the
senate.
The
members
of
the
8
commission
shall
appoint
one
of
the
members
to
serve
as
9
chairperson
of
the
commission.
10
Sec.
164.
Section
216A.162,
Code
2009,
is
amended
by
adding
11
the
following
new
subsection:
12
NEW
SUBSECTION
.
4.
Members
of
the
commission
shall
appoint
13
one
of
their
members
to
serve
as
chairperson
and
may
appoint
14
such
other
officers
as
the
commission
deems
necessary.
The
15
commission
shall
meet
at
least
four
times
per
year
and
shall
16
hold
special
meetings
on
the
call
of
the
chairperson.
The
17
members
of
the
commission
shall
be
reimbursed
for
actual
18
expenses
while
engaged
in
their
official
duties.
A
member
19
may
also
be
eligible
to
receive
compensation
as
provided
in
20
section
7E.6.
A
majority
of
the
members
of
the
commission
21
shall
constitute
a
quorum.
A
quorum
shall
be
required
for
the
22
conduct
of
business
of
the
commission
and
the
affirmative
vote
23
of
a
majority
of
the
currently
appointed
members
is
necessary
24
for
any
substantive
action
taken
by
the
commission.
A
member
25
shall
not
vote
on
any
action
if
the
member
has
a
conflict
of
26
interest
on
the
matter
and
a
statement
by
the
member
of
a
27
conflict
of
interest
shall
be
conclusive
for
this
purpose.
28
Sec.
165.
Section
216A.165,
subsections
1
through
9,
Code
29
2009,
are
amended
by
striking
the
subsections
and
inserting
in
30
lieu
thereof
the
following:
31
1.
Study
the
opportunities
for
and
changing
needs
of
Native
32
American
persons
in
this
state.
33
2.
Serve
as
a
liaison
between
the
department
and
the
public,
34
sharing
information
and
gathering
constituency
input.
35
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3.
Recommend
to
the
board
for
adoption
rules
pursuant
1
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
2
office.
3
4.
Recommend
legislative
and
executive
action
to
the
4
governor
and
general
assembly.
5
5.
Establish
advisory
committees,
work
groups,
or
other
6
coalitions
as
appropriate.
7
Sec.
166.
Section
216A.166,
Code
2009,
is
amended
by
8
striking
the
section
and
inserting
in
lieu
thereof
the
9
following:
10
216A.166
Office
of
Native
American
affairs.
11
The
office
of
Native
American
affairs
is
established
and
12
shall
do
the
following:
13
1.
Serve
as
the
central
permanent
agency
to
advocate
for
14
Native
Americans.
15
2.
Coordinate
and
cooperate
with
the
efforts
of
state
16
departments
and
agencies
to
serve
the
needs
of
Native
Americans
17
in
participating
fully
in
the
economic,
social,
and
cultural
18
life
of
the
state,
and
provide
direct
assistance
to
individuals
19
who
request
it.
20
3.
Develop,
coordinate,
and
assist
other
public
or
private
21
organizations
which
serve
Native
Americans.
22
4.
Serve
as
an
information
clearinghouse
on
programs
and
23
agencies
operating
to
assist
Native
Americans.
24
Sec.
167.
Section
216A.167,
subsections
1
and
2,
Code
2009,
25
are
amended
by
striking
the
subsections.
26
Sec.
168.
Section
216A.167,
subsection
3,
unnumbered
27
paragraph
1,
Code
2009,
is
amended
to
read
as
follows:
28
The
commission
and
office
shall
not
have
the
authority
to
do
29
any
of
the
following:
30
Sec.
169.
REPEAL.
Sections
216A.16,
216A.17,
216A.55,
31
216A.56,
216A.57,
216A.58,
216A.59,
216A.60,
216A.73,
216A.76,
32
216A.77,
216A.78,
216A.79,
216A.101,
216A.103,
216A.115,
33
216A.116,
216A.117,
216A.134,
216A.144,
216A.145,
216A.147,
34
216A.148,
216A.149,
216A.155,
216A.156,
216A.157,
216A.158,
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216A.159,
216A.160,
216A.164,
216A.168,
216A.169,
and
216A.170,
1
Code
2009,
are
repealed.
2
Sec.
170.
DEPARTMENT
OF
HUMAN
RIGHTS
REORGANIZATION
——
3
TRANSITION
PROVISIONS.
4
1.
Except
for
the
department
director,
no
other
employee
5
of
the
department
of
human
rights
shall
be
appointed
by
the
6
governor.
Those
persons
now
occupying
positions
that
were
7
previously
appointed
by
the
governor
shall
be
retained
but
8
shall
be
subject
to
the
merit
system
and
state
human
resource
9
management
system
as
provided
by
sections
8A.412
and
8A.413.
10
2.
Through
December
31,
2010,
the
department
director
shall
11
be
granted
reasonable
flexibility
within
the
department’s
12
appropriation
and
allotted
full-time
equivalent
positions
to
13
reassign,
retrain,
or
reclassify
personnel
as
deemed
necessary
14
in
order
to
most
effectively
and
efficiently
carry
out
the
15
department’s
mission.
Any
personnel
in
the
state
merit
system
16
of
employment
who
are
transferred
from
one
work
unit
to
another
17
due
to
the
effect
of
this
division
of
this
Act
shall
be
so
18
transferred
without
any
loss
in
salary,
benefits,
or
accrued
19
years
of
service.
20
3.
In
regard
to
updating
references
and
format
in
the
Iowa
21
administrative
code
in
order
to
correspond
to
the
transferring
22
of
the
authority
to
adopt
rules
from
the
previous
divisions
23
of
the
department
of
human
rights
to
the
department
of
human
24
rights
as
established
by
this
division
of
this
Act,
the
25
administrative
rules
coordinator
and
the
administrative
rules
26
review
committee,
in
consultation
with
the
administrative
code
27
editor,
shall
jointly
develop
a
schedule
for
the
necessary
28
updating
of
the
Iowa
administrative
code.
29
4.
Current
contracts
that
bind
any
division
of
the
30
department
of
human
rights
shall
be
honored
by
the
department,
31
or
expediently
and
judiciously
amended
if
changes
in
the
name
32
of
the
contractor
must
be
made
before
the
expiration
of
the
33
contract.
34
5.
All
client
and
organizational
files
in
the
possession
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of
any
office
subsumed
within
the
division
of
community
1
advocacy
and
services
as
enacted
by
this
division
of
this
Act
2
will
become
the
property
of
the
office
that
will
serve
that
3
population.
4
6.
Any
replacement
of
signs,
logos,
stationery,
insignia,
5
uniforms,
and
related
items
that
is
made
due
to
the
effect
of
6
this
division
of
this
Act
shall
if
possible
be
done
as
part
of
7
the
normal
replacement
cycle
for
such
items.
8
7.
The
governor,
in
consultation
with
the
director
of
9
the
department
of
human
rights,
shall
establish
a
process
10
to
implement
the
requirements
of
this
division
of
this
Act
11
and
shall
have
the
authority
to
terminate
and
modify
the
12
terms
of
office
of
voting
members
of
the
commissions
and
the
13
council
within
the
department
of
human
rights
in
order
to
14
effectuate
the
requirements
of
this
division
of
this
Act.
New
15
appointments
or
reappointments
to
the
commissions
and
the
16
council
as
required
by
this
division
of
this
Act
shall
be
made
17
to
effectuate
the
requirement,
if
applicable,
that
members
18
shall
serve
for
staggered
four-year
terms.
19
Sec.
171.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
20
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
21
enactment.
22
DIVISION
XIII
23
GAMBLING
SETOFFS
24
Sec.
172.
Section
99D.28,
subsection
1,
Code
2009,
is
25
amended
to
read
as
follows:
26
1.
A
licensee
or
a
person
acting
on
behalf
of
a
licensee
27
shall
be
provided
electronic
access
to
the
names
of
the
28
persons
indebted
to
a
claimant
agency
pursuant
to
the
process
29
established
pursuant
to
section
99D.7,
subsection
23.
The
30
electronic
access
provided
by
the
claimant
agency
shall
include
31
access
to
the
names
of
the
debtors,
their
social
security
32
numbers,
and
any
other
information
that
assists
the
licensee
33
in
identifying
the
debtors.
If
the
name
of
a
debtor
provided
34
to
the
licensee
through
electronic
access
is
retrieved
by
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the
licensee
and
the
winnings
are
equal
to
or
greater
than
1
ten
one
thousand
two
hundred
dollars
per
occurrence,
the
2
retrieval
of
such
a
name
shall
constitute
a
valid
lien
upon
and
3
claim
of
lien
against
the
winnings
of
the
debtor
whose
name
4
is
electronically
retrieved
from
the
claimant
agency.
If
a
5
debtor’s
winnings
are
equal
to
or
greater
than
ten
one
thousand
6
two
hundred
dollars
per
occurrence,
the
full
amount
of
the
debt
7
shall
be
collectible
from
any
winnings
due
the
debtor
without
8
regard
to
limitations
on
the
amounts
that
may
be
collectible
in
9
increments
through
setoff
or
other
proceedings.
10
Sec.
173.
Section
99F.19,
subsection
1,
Code
2009,
is
11
amended
to
read
as
follows:
12
1.
A
licensee
or
a
person
acting
on
behalf
of
a
licensee
13
shall
be
provided
electronic
access
to
the
names
of
the
14
persons
indebted
to
a
claimant
agency
pursuant
to
the
process
15
established
pursuant
to
section
99F.4,
subsection
26.
The
16
electronic
access
provided
by
the
claimant
agency
shall
include
17
access
to
the
names
of
the
debtors,
their
social
security
18
numbers,
and
any
other
information
that
assists
the
licensee
19
in
identifying
the
debtors.
If
the
name
of
a
debtor
provided
20
to
the
licensee
through
electronic
access
is
retrieved
by
21
the
licensee
and
the
winnings
are
equal
to
or
greater
than
22
ten
one
thousand
two
hundred
dollars
per
occurrence,
the
23
retrieval
of
such
a
name
shall
constitute
a
valid
lien
upon
and
24
claim
of
lien
against
the
winnings
of
the
debtor
whose
name
25
is
electronically
retrieved
from
the
claimant
agency.
If
a
26
debtor’s
winnings
are
equal
to
or
greater
than
ten
one
thousand
27
two
hundred
dollars
per
occurrence,
the
full
amount
of
the
debt
28
shall
be
collectible
from
any
winnings
due
the
debtor
without
29
regard
to
limitations
on
the
amounts
that
may
be
collectible
in
30
increments
through
setoff
or
other
proceedings.
31
DIVISION
XIV
32
DEPARTMENT
OF
MANAGEMENT
——
FINANCIAL
ADMINISTRATION
33
REORGANIZATION
34
Sec.
174.
NEW
SECTION
.
8.71
Definitions.
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As
used
in
this
section
and
sections
8.72
through
8.89,
1
unless
the
context
otherwise
requires:
2
1.
“Agency”
or
“state
agency”
means
a
unit
of
state
3
government,
which
is
an
authority,
board,
commission,
4
committee,
council,
department,
or
independent
agency
as
5
defined
in
section
7E.4,
including
but
not
limited
to
each
6
principal
central
department
enumerated
in
section
7E.5.
7
However,
“agency”
or
“state
agency”
does
not
mean
any
of
the
8
following:
9
a.
The
office
of
the
governor
or
the
office
of
an
elective
10
constitutional
or
statutory
officer.
11
b.
The
general
assembly,
or
any
office
or
unit
under
its
12
administrative
authority.
13
c.
The
judicial
branch,
as
provided
in
section
602.1102.
14
d.
A
political
subdivision
of
the
state
or
its
offices
15
or
units,
including
but
not
limited
to
a
county,
city,
or
16
community
college.
17
2.
“Department”
means
the
department
of
management.
18
3.
“Director”
means
the
director
of
the
department
of
19
management
or
the
director’s
designee.
20
Sec.
175.
NEW
SECTION
.
8.72
Financial
administration
21
duties.
22
The
department
shall
provide
for
the
efficient
management
23
and
administration
of
the
financial
resources
of
state
24
government
and
shall
have
and
assume
the
following
powers
and
25
duties:
26
1.
Centralized
accounting
and
payroll
system.
To
assume
the
27
responsibilities
related
to
a
centralized
accounting
system
28
for
state
government
and
to
establish
a
centralized
payroll
29
system
for
all
state
agencies.
However,
the
state
board
of
30
regents
and
institutions
under
the
control
of
the
state
board
31
of
regents
shall
not
be
required
to
utilize
the
centralized
32
payroll
system.
33
2.
Setoff
procedures.
To
establish
and
maintain
a
setoff
34
procedure
as
provided
in
section
8.74.
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3.
Cost
allocation
system.
To
establish
a
cost
allocation
1
system
as
provided
in
section
8.75.
2
4.
Collection
and
payment
of
funds
——
monthly
payments.
To
3
control
the
payment
of
all
moneys
into
the
state
treasury,
4
and
all
payments
from
the
state
treasury
by
the
preparation
5
of
appropriate
warrants,
or
warrant
checks,
directing
such
6
collections
and
payment,
and
to
advise
the
treasurer
of
state
7
monthly
in
writing
of
the
amount
of
public
funds
not
currently
8
needed
for
operating
expenses.
Whenever
the
state
treasury
9
includes
state
funds
that
require
distribution
to
counties,
10
cities,
or
other
political
subdivisions
of
this
state,
and
the
11
counties,
cities,
and
other
political
subdivisions
certify
to
12
the
director
that
warrants
will
be
stamped
for
lack
of
funds
13
within
the
thirty-day
period
following
certification,
the
14
director
may
partially
distribute
the
funds
on
a
monthly
basis.
15
Whenever
the
law
requires
that
any
funds
be
paid
by
a
specific
16
date,
the
director
shall
prepare
a
final
accounting
and
shall
17
make
a
final
distribution
of
any
remaining
funds
prior
to
that
18
date.
19
5.
Preaudit
system.
To
establish
and
fix
a
reasonable
20
imprest
cash
fund
for
each
state
department
and
institution
21
for
disbursement
purposes
where
needed.
These
revolving
22
funds
shall
be
reimbursed
only
upon
vouchers
approved
by
the
23
director.
It
is
the
purpose
of
this
subsection
to
establish
a
24
preaudit
system
of
settling
all
claims
against
the
state,
but
25
the
preaudit
system
is
not
applicable
to
any
of
the
following:
26
a.
Institutions
under
the
control
of
the
state
board
of
27
regents.
28
b.
The
state
fair
board
as
established
in
chapter
173.
29
c.
The
Iowa
dairy
industry
commission
as
established
in
30
chapter
179,
the
Iowa
beef
cattle
producers
association
as
31
established
in
chapter
181,
the
Iowa
pork
producers
council
32
as
established
in
chapter
183A,
the
Iowa
egg
council
as
33
established
in
chapter
184,
the
Iowa
turkey
marketing
council
34
as
established
in
chapter
184A,
the
Iowa
soybean
association
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as
provided
in
chapter
185,
and
the
Iowa
corn
promotion
board
1
as
established
in
chapter
185C.
2
6.
Audit
of
claims.
To
set
rules
and
procedures
for
the
3
preaudit
of
claims
by
individual
agencies
or
organizations.
4
The
director
reserves
the
right
to
refuse
to
accept
incomplete
5
or
incorrect
claims
and
to
review,
preaudit,
or
audit
claims
6
as
determined
by
the
director.
7
7.
Contracts.
To
certify,
record,
and
encumber
all
formal
8
contracts
to
prevent
overcommitment
of
appropriations
and
9
allotments.
10
8.
Accounts.
To
keep
the
central
budget
and
proprietary
11
control
accounts
of
the
general
fund
of
the
state
and
special
12
funds,
as
defined
in
section
8.2,
of
the
state
government.
13
Upon
elimination
of
the
state
deficit
under
generally
accepted
14
accounting
principles,
including
the
payment
of
items
budgeted
15
in
a
subsequent
fiscal
year
which
under
generally
accepted
16
accounting
principles
should
be
budgeted
in
the
current
fiscal
17
year,
the
recognition
of
revenues
received
and
expenditures
18
paid
and
transfers
received
and
paid
within
the
time
period
19
required
pursuant
to
section
8.33
shall
be
in
accordance
with
20
generally
accepted
accounting
principles.
Budget
accounts
21
are
those
accounts
maintained
to
control
the
receipt
and
22
disposition
of
all
funds,
appropriations,
and
allotments.
23
Proprietary
accounts
are
those
accounts
relating
to
assets,
24
liabilities,
income,
and
expense.
For
each
fiscal
year,
the
25
financial
position
and
results
of
operations
of
the
state
shall
26
be
reported
in
a
comprehensive
annual
financial
report
prepared
27
in
accordance
with
generally
accepted
accounting
principles,
as
28
established
by
the
governmental
accounting
standards
board.
29
8A.
Budget
database.
To
develop
and
make
available
to
the
30
public
a
searchable
budget
database.
31
9.
Fair
board
and
state
board
of
regents.
To
control
32
the
financial
operations
of
the
state
fair
board
and
the
33
institutions
under
the
state
board
of
regents:
34
a.
By
charging
all
warrants
issued
to
the
respective
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educational
institutions
and
the
state
fair
board
to
an
advance
1
account
to
be
further
accounted
for
and
not
as
an
expense
which
2
requires
no
further
accounting.
3
b.
By
charging
all
collections
made
by
the
educational
4
institutions
and
state
fair
board
to
the
respective
advance
5
accounts
of
the
institutions
and
state
fair
board,
and
by
6
crediting
all
such
repayment
collections
to
the
respective
7
appropriations
and
special
funds.
8
c.
By
charging
all
disbursements
made
to
the
respective
9
allotment
accounts
of
each
educational
institution
or
state
10
fair
board
and
by
crediting
all
such
disbursements
to
the
11
respective
advance
and
inventory
accounts.
12
d.
By
requiring
a
monthly
abstract
of
all
receipts
and
13
of
all
disbursements,
both
money
and
stores,
and
a
complete
14
account
current
each
month
from
each
educational
institution
15
and
the
state
fair
board.
16
10.
Entities
representing
agricultural
producers.
To
control
17
the
financial
operations
of
the
Iowa
dairy
industry
commission
18
as
provided
in
chapter
179,
the
Iowa
beef
cattle
producers
19
association
as
provided
in
chapter
181,
the
Iowa
pork
producers
20
council
as
provided
in
chapter
183A,
the
Iowa
egg
council
as
21
provided
in
chapter
184,
the
Iowa
turkey
marketing
council
22
as
provided
in
chapter
184A,
the
Iowa
soybean
association
as
23
provided
in
chapter
185,
and
the
Iowa
corn
promotion
board
as
24
provided
in
chapter
185C.
25
11.
Custody
of
records.
To
have
the
custody
of
all
books,
26
papers,
records,
documents,
vouchers,
conveyances,
leases,
27
mortgages,
bonds,
and
other
securities
appertaining
to
the
28
fiscal
affairs
and
property
of
the
state,
which
are
not
29
required
to
be
kept
in
some
other
office.
30
12.
Interest
of
the
permanent
school
fund.
To
transfer
the
31
interest
of
the
permanent
school
fund
to
the
credit
of
the
32
interest
for
Iowa
schools
fund.
33
13.
Forms.
To
prescribe
all
accounting
and
business
34
forms
and
the
system
of
accounts
and
reports
of
financial
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transactions
by
all
departments
and
agencies
of
the
state
1
government
other
than
those
of
the
legislative
branch.
2
14.
Federal
cash
management
and
improvement
act
3
administrator.
4
a.
To
serve
as
administrator
for
state
actions
relating
to
5
the
federal
Cash
Management
and
Improvement
Act
of
1990,
Pub.
6
L.
No.
101=453,
as
codified
in
31
U.S.C.
§
6503.
The
director
7
shall
perform
the
following
duties
relating
to
the
federal
law:
8
(1)
Act
as
the
designated
representative
of
the
state
in
the
9
negotiation
and
administration
of
contracts
between
the
state
10
and
federal
government
relating
to
the
federal
law.
11
(2)
Modify
the
centralized
statewide
accounting
system
12
and
develop,
or
require
to
be
developed
by
the
appropriate
13
departments
of
state
government,
the
reports
and
procedures
14
necessary
to
complete
the
managerial
and
financial
reports
15
required
to
comply
with
the
federal
law.
16
b.
There
is
annually
appropriated
from
the
general
fund
17
of
the
state
to
the
department
an
amount
sufficient
to
pay
18
interest
costs
that
may
be
due
the
federal
government
as
a
19
result
of
implementation
of
the
federal
law.
This
paragraph
20
does
not
authorize
the
payment
of
interest
from
the
general
21
fund
of
the
state
for
any
department
of
administrative
22
services’
revolving,
trust,
or
special
fund
of
the
department
23
of
administrative
services
where
monthly
interest
earnings
24
accrue
to
the
credit
of
the
department
of
administrative
25
services’
revolving,
trust,
or
special
fund.
For
any
26
department
of
administrative
services’
revolving,
trust,
or
27
special
fund
where
monthly
interest
is
accrued
to
the
credit
of
28
the
fund,
the
director
may
authorize
a
supplemental
expenditure
29
to
pay
interest
costs
from
the
individual
fund
which
are
due
30
the
federal
government
as
a
result
of
implementation
of
the
31
federal
law.
32
Sec.
176.
NEW
SECTION
.
8.73
Rules
——
deposit
of
33
departmental
moneys.
34
The
director
shall
prescribe
by
rule
the
manner
and
methods
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by
which
all
departments
and
agencies
of
the
state
that
1
collect
money
for
and
on
behalf
of
the
state
shall
cause
the
2
money
to
be
deposited
with
the
treasurer
of
state
or
in
a
3
depository
designated
by
the
treasurer
of
state.
All
such
4
moneys
collected
shall
be
deposited
at
such
times
and
in
such
5
depositories
to
permit
the
state
of
Iowa
to
deposit
the
funds
6
in
a
manner
consistent
with
the
state’s
investment
policies.
7
All
such
moneys
shall
be
promptly
deposited,
as
directed,
even
8
though
the
individual
amount
remitted
may
not
be
correct.
If
9
any
individual
amount
remitted
is
in
excess
of
the
amount
10
required,
the
department
or
agency
receiving
the
same
shall
11
refund
the
excess
amount.
If
the
individual
amount
remitted
is
12
insufficient,
the
person,
firm,
or
corporation
concerned
shall
13
be
immediately
billed
for
the
amount
of
the
deficiency.
14
Sec.
177.
NEW
SECTION
.
8.74
Setoff
procedures.
15
1.
Definitions.
As
used
in
this
section,
unless
the
context
16
otherwise
requires:
17
a.
“Collection
entity”
means
the
department
of
management
18
and
any
other
state
agency
that
maintains
a
separate
accounting
19
system
and
elects
to
establish
a
debt
collection
setoff
20
procedure
for
collection
of
debts
owed
to
the
state
or
its
21
agencies.
22
b.
“Person”
does
not
include
a
state
agency.
23
c.
“Qualifying
debt”
includes
but
is
not
limited
to
the
24
following:
25
(1)
Any
debt,
which
is
assigned
to
the
department
of
human
26
services,
or
which
the
child
support
recovery
unit
is
otherwise
27
attempting
to
collect,
or
which
the
foster
care
recovery
unit
28
of
the
department
of
human
services
is
attempting
to
collect
29
on
behalf
of
a
child
receiving
foster
care
provided
by
the
30
department
of
human
services.
31
(2)
An
amount
that
is
due
because
of
a
default
on
a
32
guaranteed
student
or
parental
loan
under
chapter
261.
33
(3)
Any
debt
which
is
in
the
form
of
a
liquidated
sum
due,
34
owing,
and
payable
to
the
clerk
of
the
district
court.
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d.
“State
agency”
means
a
board,
commission,
department,
1
including
the
department
of
administrative
services,
or
other
2
administrative
office
or
unit
of
the
state
of
Iowa
or
any
3
other
state
entity
reported
in
the
Iowa
comprehensive
annual
4
financial
report,
or
a
political
subdivision
of
the
state,
or
5
an
office
or
unit
of
a
political
subdivision.
“State
agency”
6
does
include
the
clerk
of
the
district
court
as
it
relates
to
7
the
collection
of
a
qualifying
debt.
“State
agency”
does
not
8
include
the
general
assembly
or
the
governor.
9
2.
Setoff
procedure.
The
collection
entity
shall
establish
10
and
maintain
a
procedure
to
set
off
against
any
claim
owed
to
11
a
person
by
a
state
agency
any
liability
of
that
person
owed
12
to
a
state
agency,
a
support
debt
being
enforced
by
the
child
13
support
recovery
unit
pursuant
to
chapter
252B,
or
such
other
14
qualifying
debt.
The
procedure
shall
only
apply
when
at
the
15
discretion
of
the
director
it
is
feasible.
The
procedure
shall
16
meet
the
following
conditions:
17
a.
Before
setoff,
a
person’s
liability
to
a
state
agency
and
18
the
person’s
claim
on
a
state
agency
shall
be
in
the
form
of
a
19
liquidated
sum
due,
owing,
and
payable.
20
b.
Before
setoff,
the
state
agency
shall
obtain
and
forward
21
to
the
collection
entity
the
full
name
and
social
security
22
number
of
the
person
liable
to
it
or
to
whom
a
claim
is
owing
23
who
is
a
natural
person.
If
the
person
is
not
a
natural
person,
24
before
setoff,
the
state
agency
shall
forward
to
the
collection
25
entity
the
information
concerning
the
person
as
the
collection
26
entity
shall,
by
rule,
require.
The
collection
entity
27
shall
cooperate
with
other
state
agencies
in
the
exchange
of
28
information
relevant
to
the
identification
of
persons
liable
29
to
or
of
claimants
of
state
agencies.
However,
the
collection
30
entity
shall
provide
only
relevant
information
required
by
a
31
state
agency.
The
information
shall
be
held
in
confidence
32
and
used
for
the
purpose
of
setoff
only.
Section
422.72,
33
subsection
1,
does
not
apply
to
this
paragraph.
34
c.
Before
setoff,
a
state
agency
shall,
at
least
annually,
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submit
to
the
collection
entity
the
information
required
1
by
paragraph
“b”
along
with
the
amount
of
each
person’s
2
liability
to
and
the
amount
of
each
claim
on
the
state
agency.
3
The
collection
entity
may,
by
rule,
require
more
frequent
4
submissions.
5
d.
Before
setoff,
the
amount
of
a
person’s
claim
on
a
state
6
agency
and
the
amount
of
a
person’s
liability
to
a
state
agency
7
shall
constitute
a
minimum
amount
set
by
rule
of
the
collection
8
entity.
9
e.
Upon
submission
of
an
allegation
of
liability
by
a
state
10
agency,
the
collection
entity
shall
notify
the
state
agency
11
whether
the
person
allegedly
liable
is
entitled
to
payment
from
12
a
state
agency,
and,
if
so
entitled,
shall
notify
the
state
13
agency
of
the
amount
of
the
person’s
entitlement
and
of
the
14
person’s
last
address
known
to
the
collection
entity.
Section
15
422.72,
subsection
1,
does
not
apply
to
this
paragraph.
16
f.
(1)
Upon
notice
of
entitlement
to
a
payment,
the
state
17
agency
shall
send
written
notification
to
that
person
of
the
18
state
agency’s
assertion
of
its
rights
to
all
or
a
portion
of
19
the
payment
and
of
the
state
agency’s
entitlement
to
recover
20
the
liability
through
the
setoff
procedure,
the
basis
of
21
the
assertion,
the
opportunity
to
request
that
a
jointly
or
22
commonly
owned
right
to
payment
be
divided
among
owners,
and
23
the
person’s
opportunity
to
give
written
notice
of
intent
24
to
contest
the
amount
of
the
allegation.
The
state
agency
25
shall
send
a
copy
of
the
notice
to
the
collection
entity.
A
26
state
agency
subject
to
chapter
17A
shall
give
notice,
conduct
27
hearings,
and
allow
appeals
in
conformity
with
chapter
17A.
28
(2)
However,
upon
submission
of
an
allegation
of
the
29
liability
of
a
person
which
is
owing
and
payable
to
the
30
clerk
of
the
district
court
and
upon
the
determination
by
31
the
collection
entity
that
the
person
allegedly
liable
is
32
entitled
to
payment
from
a
state
agency,
the
collection
entity
33
shall
send
written
notification
to
the
person
which
states
the
34
assertion
by
the
clerk
of
the
district
court
of
rights
to
all
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or
a
portion
of
the
payment,
the
clerk’s
entitlement
to
recover
1
the
liability
through
the
setoff
procedure,
the
basis
of
the
2
assertions,
the
person’s
opportunity
to
request
within
fifteen
3
days
of
the
mailing
of
the
notice
that
the
collection
entity
4
divide
a
jointly
or
commonly
owned
right
to
payment
between
5
owners,
the
opportunity
to
contest
the
liability
to
the
clerk
6
by
written
application
to
the
clerk
within
fifteen
days
of
the
7
mailing
of
the
notice,
and
the
person’s
opportunity
to
contest
8
the
collection
entity’s
setoff
procedure.
9
g.
Upon
the
timely
request
of
a
person
liable
to
a
state
10
agency
or
of
the
spouse
of
that
person
and
upon
receipt
of
the
11
full
name
and
social
security
number
of
the
person’s
spouse,
12
a
state
agency
shall
notify
the
collection
entity
of
the
13
request
to
divide
a
jointly
or
commonly
owned
right
to
payment.
14
Any
jointly
or
commonly
owned
right
to
payment
is
rebuttably
15
presumed
to
be
owned
in
equal
portions
by
its
joint
or
common
16
owners.
17
h.
The
collection
entity
shall,
after
the
state
agency
has
18
sent
notice
to
the
person
liable
or,
if
the
liability
is
owing
19
and
payable
to
the
clerk
of
the
district
court,
the
collection
20
entity
has
sent
notice
to
the
person
liable,
set
off
the
amount
21
owed
to
the
agency
against
any
amount
which
a
state
agency
owes
22
that
person.
The
collection
entity
shall
refund
any
balance
23
of
the
amount
to
the
person.
The
collection
entity
shall
24
periodically
transfer
amounts
set
off
to
the
state
agencies
25
entitled
to
them.
If
a
person
liable
to
a
state
agency
gives
26
written
notice
of
intent
to
contest
an
allegation,
a
state
27
agency
shall
hold
a
refund
or
rebate
until
final
disposition
28
of
the
allegation.
Upon
completion
of
the
setoff,
a
state
29
agency
shall
notify
in
writing
the
person
who
was
liable
or,
30
if
the
liability
is
owing
and
payable
to
the
clerk
of
the
31
district
court,
shall
comply
with
the
procedures
as
provided
32
in
paragraph
“j”
.
33
i.
The
department
of
revenue’s
existing
right
to
credit
34
against
tax
due
or
to
become
due
under
section
422.73
is
not
to
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be
impaired
by
a
right
granted
to
or
a
duty
imposed
upon
the
1
collection
entity
or
other
state
agency
by
this
section.
This
2
section
is
not
intended
to
impose
upon
the
collection
entity
or
3
the
department
of
revenue
any
additional
requirement
of
notice,
4
hearing,
or
appeal
concerning
the
right
to
credit
against
tax
5
due
under
section
422.73.
6
j.
If
the
alleged
liability
is
owing
and
payable
to
the
7
clerk
of
the
district
court
and
setoff
as
provided
in
this
8
section
is
sought,
all
of
the
following
shall
apply:
9
(1)
The
judicial
branch
shall
prescribe
procedures
to
10
permit
a
person
to
contest
the
amount
of
the
person’s
liability
11
to
the
clerk
of
the
district
court.
12
(2)
The
collection
entity
shall,
except
for
the
procedures
13
described
in
subparagraph
(1),
prescribe
any
other
applicable
14
procedures
concerning
setoff
as
provided
in
this
subsection.
15
(3)
Upon
completion
of
the
setoff,
the
collection
entity
16
shall
file,
at
least
monthly,
with
the
clerk
of
the
district
17
court
a
notice
of
satisfaction
of
each
obligation
to
the
18
full
extent
of
all
moneys
collected
in
satisfaction
of
the
19
obligation.
The
clerk
shall
record
the
notice
and
enter
a
20
satisfaction
for
the
amounts
collected
and
a
separate
written
21
notice
is
not
required.
22
3.
Priority
claims.
In
the
case
of
multiple
claims
to
23
payments
filed
under
this
section,
priority
shall
be
given
to
24
claims
filed
by
the
child
support
recovery
unit
or
the
foster
25
care
recovery
unit,
next
priority
shall
be
given
to
claims
26
filed
by
the
college
student
aid
commission,
next
priority
27
shall
be
given
to
claims
filed
by
the
investigations
division
28
of
the
department
of
inspections
and
appeals,
next
priority
29
shall
be
given
to
claims
filed
by
a
clerk
of
the
district
30
court,
and
last
priority
shall
be
given
to
claims
filed
by
31
other
state
agencies.
In
the
case
of
multiple
claims
in
which
32
the
priority
is
not
otherwise
provided
by
this
subsection,
33
priority
shall
be
determined
in
accordance
with
rules
to
be
34
established
by
the
director.
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4.
State
reciprocal
agreements.
The
director
shall
have
1
the
authority
to
enter
into
reciprocal
agreements
with
the
2
departments
of
revenue
of
other
states
that
have
enacted
3
legislation
that
is
substantially
equivalent
to
the
setoff
4
procedure
provided
in
this
section
for
the
recovery
of
an
5
amount
due
because
of
a
default
on
a
guaranteed
student
or
6
parental
loan
under
chapter
261.
A
reciprocal
agreement
shall
7
also
be
approved
by
the
college
student
aid
commission.
The
8
agreement
shall
authorize
the
department
to
provide
by
rule
for
9
the
setoff
of
state
income
tax
refunds
or
rebates
of
defaulters
10
from
states
with
which
Iowa
has
a
reciprocal
agreement
and
to
11
provide
for
sending
lists
of
names
of
Iowa
defaulters
to
the
12
states
with
which
Iowa
has
a
reciprocal
agreement
for
setoff
of
13
that
state’s
income
tax
refunds.
14
5.
Agency
reimbursements.
Under
substantive
rules
15
established
by
the
director,
the
department
shall
seek
16
reimbursement
from
other
state
agencies
to
recover
its
costs
17
for
setting
off
liabilities.
18
Sec.
178.
NEW
SECTION
.
8.75
Cost
allocation
system
——
19
appropriation.
20
The
department
shall
develop
and
administer
an
indirect
21
cost
allocation
system
for
state
agencies.
The
system
shall
22
be
based
upon
standard
cost
accounting
methodologies
and
shall
23
be
used
to
allocate
both
direct
and
indirect
costs
of
state
24
agencies
or
state
agency
functions
in
providing
centralized
25
services
to
other
state
agencies.
A
cost
that
is
allocated
to
26
a
state
agency
pursuant
to
this
system
shall
be
billed
to
the
27
state
agency
and
the
cost
is
payable
to
the
general
fund
of
the
28
state.
The
source
of
payment
for
the
billed
cost
shall
be
any
29
revenue
source
except
for
the
general
fund
of
the
state.
If
a
30
state
agency
is
authorized
by
law
to
bill
and
recover
direct
31
expenses,
the
state
agency
shall
recover
indirect
costs
in
the
32
same
manner.
33
Sec.
179.
NEW
SECTION
.
8.76
Accounting.
34
The
director
may
at
any
time
require
any
person
receiving
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money,
securities,
or
property
belonging
to
the
state,
or
1
having
the
management,
disbursement,
or
other
disposition
of
2
them,
an
account
of
which
is
kept
in
the
department,
to
render
3
statements
of
them
and
information
in
reference
to
them.
4
Sec.
180.
NEW
SECTION
.
8.77
Stating
account.
5
If
an
officer
who
is
accountable
to
the
state
treasury
for
6
any
money
or
property
neglects
to
render
an
account
to
the
7
director
within
the
time
prescribed
by
law,
or
if
no
time
is
so
8
prescribed,
within
twenty
days
after
being
required
to
do
so
by
9
the
director,
the
director
shall
state
an
account
against
the
10
officer
from
the
books
of
the
officer’s
office,
charging
ten
11
percent
damages
on
the
whole
sum
appearing
due,
and
interest
12
at
the
rate
of
six
percent
per
annum
on
the
aggregate
from
the
13
time
when
the
account
should
have
been
rendered;
all
of
which
14
may
be
recovered
by
action
brought
on
the
account,
or
on
the
15
official
bond
of
the
officer.
16
Sec.
181.
NEW
SECTION
.
8.78
Compelling
payment.
17
If
an
officer
fails
to
pay
into
the
state
treasury
the
amount
18
received
by
the
officer
within
the
time
prescribed
by
law,
or
19
having
settled
with
the
director,
fails
to
pay
the
amount
found
20
due,
the
director
shall
charge
the
officer
with
twenty
percent
21
damages
on
the
amount
due,
with
interest
on
the
aggregate
from
22
the
time
the
amount
became
due
at
the
rate
of
six
percent
per
23
annum,
and
the
whole
may
be
recovered
by
an
action
brought
on
24
the
account,
or
on
the
official
bond
of
the
officer,
and
the
25
officer
shall
forfeit
the
officer’s
commission.
26
Sec.
182.
NEW
SECTION
.
8.79
Defense
to
claim.
27
The
penal
provisions
in
sections
8.77
and
8.78
are
subject
28
to
any
legal
defense
which
the
officer
may
have
against
the
29
account
as
stated
by
the
director,
but
judgment
for
costs
shall
30
be
rendered
against
the
officer
in
the
action,
whatever
its
31
result,
unless
the
officer
rendered
an
account
within
the
time
32
named
in
those
sections.
33
Sec.
183.
NEW
SECTION
.
8.80
Requested
credits
——
oath
34
required.
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When
a
county
treasurer
or
other
receiver
of
public
moneys
1
seeks
to
obtain
credit
on
the
books
of
the
department
for
2
payment
made
to
the
county
treasurer,
before
giving
such
credit
3
the
director
shall
require
that
person
to
take
and
subscribe
an
4
oath
that
the
person
has
not
used,
loaned,
or
appropriated
any
5
of
the
public
moneys
for
the
person’s
private
benefit
or
for
6
the
benefit
of
any
other
person.
7
Sec.
184.
NEW
SECTION
.
8.81
Requisition
for
information.
8
In
those
cases
where
the
director
is
authorized
to
call
9
upon
persons
or
officers
for
information,
or
statements,
10
or
accounts,
the
director
may
issue
a
requisition
therefor
11
in
writing
to
the
person
or
officer
called
upon,
allowing
12
reasonable
time,
which,
having
been
served
and
return
made
to
13
the
director,
as
a
notice
in
a
civil
action,
is
evidence
of
the
14
making
of
the
requisition.
15
Sec.
185.
NEW
SECTION
.
8.82
Limits
on
claims.
16
The
director
is
limited
in
authorizing
the
payment
of
17
claims,
as
follows:
18
1.
Funding
limit.
19
a.
A
claim
shall
not
be
allowed
by
the
department
if
the
20
appropriation
or
fund
of
certification
available
for
paying
the
21
claim
has
been
exhausted
or
proves
insufficient.
22
b.
The
authority
of
the
director
is
subject
to
the
following
23
exceptions:
24
(1)
Claims
by
state
employees
for
benefits
pursuant
to
25
chapters
85,
85A,
85B,
and
86
are
subject
to
limitations
26
provided
in
those
chapters.
27
(2)
Claims
for
medical
assistance
payments
authorized
under
28
chapter
249A
are
subject
to
the
time
limits
imposed
by
rule
29
adopted
by
the
department
of
human
services.
30
(3)
Claims
approved
by
an
agency
according
to
the
provisions
31
of
section
25.2.
32
2.
Convention
expenses.
Claims
for
expenses
in
attending
33
conventions,
meetings,
conferences,
or
gatherings
of
members
34
of
an
association
or
society
organized
and
existing
as
a
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quasi-public
association
or
society
outside
the
state
of
Iowa
1
shall
not
be
allowed
at
public
expense,
unless
authorized
by
2
the
executive
council;
and
claims
for
these
expenses
outside
3
of
the
state
shall
not
be
allowed
unless
the
voucher
is
4
accompanied
by
the
portion
of
the
minutes
of
the
executive
5
council,
certified
to
by
its
secretary,
showing
that
the
6
expense
was
authorized
by
the
council.
This
section
does
not
7
apply
to
claims
in
favor
of
the
governor,
attorney
general,
8
utilities
board
members,
or
to
trips
referred
to
in
sections
9
97B.7A
and
217.20.
10
3.
Payment
from
fees.
Claims
for
per
diem
and
expenses
11
payable
from
fees
shall
not
be
approved
for
payment
in
excess
12
of
those
fees
if
the
law
provides
that
such
expenditures
are
13
limited
to
the
special
funds
collected
and
deposited
in
the
14
state
treasury.
15
Sec.
186.
NEW
SECTION
.
8.83
Claims
——
approval.
16
The
director
before
approving
a
claim
on
behalf
of
the
17
department
shall
determine:
18
1.
That
the
creation
of
the
claim
is
clearly
authorized
by
19
law.
Statutes
authorizing
the
expenditure
may
be
referenced
20
through
account
coding
authorized
by
the
director.
21
2.
That
the
claim
has
been
authorized
by
an
officer
or
22
official
body
having
legal
authority
to
so
authorize
and
that
23
the
fact
of
authorization
has
been
certified
to
the
director
by
24
such
officer
or
official
body.
25
3.
That
all
legal
requirements
have
been
observed,
26
including
notice
and
opportunity
for
competition,
if
required
27
by
law.
28
4.
That
the
claim
is
in
proper
form
as
the
director
may
29
provide.
30
5.
That
the
charges
are
reasonable,
proper,
and
correct
and
31
no
part
of
the
claim
has
been
paid.
32
Sec.
187.
NEW
SECTION
.
8.84
Vouchers
——
interest
——
payment
33
of
claims.
34
1.
Before
a
warrant
or
its
equivalent
is
issued
for
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a
claim
payable
from
the
state
treasury,
the
department
1
shall
file
an
itemized
voucher
showing
in
detail
the
items
2
of
service,
expense,
item
furnished,
or
contract
for
which
3
payment
is
sought.
However,
the
director
may
authorize
the
4
prepayment
of
claims
when
the
best
interests
of
the
state
are
5
served
under
rules
adopted
by
the
director.
The
claimant’s
6
original
invoice
shall
be
attached
to
a
department’s
approved
7
voucher.
The
director
shall
adopt
rules
specifying
the
8
form
and
contents
for
invoices
submitted
by
a
vendor
to
a
9
department.
The
requirements
apply
to
acceptance
of
an
invoice
10
by
a
department.
A
department
shall
not
impose
additional
or
11
different
requirements
on
submission
of
invoices
than
those
12
contained
in
rules
of
the
director
unless
the
director
exempts
13
the
department
from
the
invoice
requirements
or
a
part
of
the
14
requirements
upon
a
finding
that
compliance
would
result
in
15
poor
accounting
or
management
practices.
16
2.
Vouchers
for
postage,
stamped
envelopes,
and
postal
17
cards
may
be
audited
as
soon
as
an
order
for
them
is
entered.
18
3.
The
departments,
the
general
assembly,
and
the
courts
19
shall
pay
their
claims
in
a
timely
manner.
If
a
claim
20
for
services,
supplies,
materials,
or
a
contract
which
is
21
payable
from
the
state
treasury
remains
unpaid
after
sixty
22
days
following
the
receipt
of
the
claim
or
the
satisfactory
23
delivery,
furnishing,
or
performance
of
the
services,
supplies,
24
materials,
or
contract,
whichever
date
is
later,
the
state
25
shall
pay
interest
at
the
rate
of
one
percent
per
month
on
26
the
unpaid
amount
of
the
claim.
This
subsection
does
not
27
apply
to
claims
against
the
state
under
chapters
25
and
669
28
or
to
claims
paid
by
federal
funds.
The
interest
shall
be
29
charged
to
the
appropriation
or
fund
to
which
the
claim
is
30
certified.
Departments
may
enter
into
contracts
for
goods
or
31
services
on
payment
terms
of
less
than
sixty
days
if
the
state
32
may
obtain
a
financial
benefit
or
incentive
which
would
not
33
otherwise
be
available
from
the
vendor.
The
department,
in
34
consultation
with
other
affected
departments,
shall
develop
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policies
to
promote
consistency
and
fiscal
responsibility
1
relating
to
payment
terms
authorized
under
this
subsection.
2
The
director
shall
adopt
rules
under
chapter
17A
relating
to
3
the
administration
of
this
subsection.
4
Sec.
188.
NEW
SECTION
.
8.85
Warrants
——
form.
5
A
warrant
shall
bear
on
its
face
the
signature
of
the
6
director
or
its
facsimile,
or
the
signature
of
an
assistant
7
or
its
facsimile
in
case
of
a
vacancy
in
the
office
of
the
8
director;
a
proper
number,
date,
amount,
and
name
of
payee;
9
a
reference
to
the
law
under
which
it
is
drawn;
whether
for
10
salaries
or
wages,
services,
or
supplies,
and
what
kind
of
11
supplies;
and
from
what
office
or
department,
or
for
what
12
other
general
or
special
purposes;
or
in
lieu
thereof,
a
13
coding
system
may
be
used,
which
particulars
shall
be
entered
14
in
a
warrant
register
kept
for
that
purpose
in
the
order
of
15
issuance;
and
as
soon
as
practicable
after
issuing
a
warrant
16
register,
the
director
shall
certify
a
duplicate
of
it
to
the
17
treasurer
of
state.
18
Sec.
189.
NEW
SECTION
.
8.86
Required
payee.
19
All
warrants
shall
be
drawn
to
the
order
of
the
person
20
entitled
to
payment
or
compensation,
except
that
when
goods
21
or
materials
are
purchased
in
foreign
countries,
warrants
may
22
be
drawn
upon
the
treasurer
of
state,
payable
to
the
bearer
23
for
the
net
amount
of
invoice
and
current
exchange,
and
the
24
treasurer
of
state
shall
furnish
a
foreign
draft
payable
to
the
25
order
of
the
person
from
whom
purchase
is
made.
26
Sec.
190.
NEW
SECTION
.
8.87
Prohibited
payee.
27
In
no
case
shall
warrants
be
drawn
in
the
name
of
the
28
certifying
office,
department,
board,
or
institution,
or
in
29
the
name
of
an
employee,
except
for
personal
service
rendered
30
or
expense
incurred
by
the
employee,
unless
express
statutory
31
authority
exists
therefor.
32
Sec.
191.
NEW
SECTION
.
8.88
Claims
exceeding
33
appropriations.
34
A
claim
shall
not
be
allowed
when
the
claim
will
exceed
the
35
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amount
specifically
appropriated
for
the
claim.
1
Sec.
192.
NEW
SECTION
.
8.89
Cancellation
of
state
warrants.
2
On
the
last
business
day
of
each
month,
the
director
shall
3
cancel
and
request
the
treasurer
of
state
to
stop
payment
on
4
all
state
warrants
which
have
been
outstanding
and
unredeemed
5
by
the
treasurer
of
state
for
six
months
or
longer.
6
Sec.
193.
Section
8.9,
subsection
1,
Code
Supplement
2009,
7
is
amended
to
read
as
follows:
8
1.
The
office
of
grants
enterprise
management
is
9
established
in
the
department
of
management.
The
function
of
10
the
office
is
to
develop
and
administer
a
system
to
track,
11
identify,
advocate
for,
and
coordinate
nonstate
grants
as
12
defined
in
section
8.2,
subsections
1
and
3.
Staffing
for
13
the
office
of
grants
enterprise
management
shall
be
provided
14
by
a
facilitator
appointed
by
the
director
of
the
department
15
of
management.
Additional
staff
may
be
hired,
subject
to
the
16
availability
of
funding.
Funding
for
the
office
is
from
the
17
appropriation
to
the
department
pursuant
to
section
8A.505,
18
subsection
2
.
19
Sec.
194.
Section
8.31,
subsection
4,
Code
2009,
is
amended
20
to
read
as
follows:
21
4.
The
procedure
to
be
employed
in
controlling
the
22
expenditures
and
receipts
of
the
state
fair
board
and
23
the
institutions
under
the
state
board
of
regents,
whose
24
collections
are
not
deposited
in
the
state
treasury,
is
that
25
outlined
in
section
8A.502
8.72
,
subsection
9.
26
Sec.
195.
Section
8A.102,
subsection
2,
Code
2009,
is
27
amended
to
read
as
follows:
28
2.
The
person
appointed
as
director
shall
be
professionally
29
qualified
by
education
and
have
no
less
than
five
years’
30
experience
in
the
field
of
management,
public
or
private
sector
31
personnel
administration
including
the
application
of
merit
32
principles
in
employment,
financial
management,
and
policy
33
development
and
implementation.
The
appointment
shall
be
made
34
without
regard
for
political
affiliation.
The
director
shall
35
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not
be
a
member
of
any
local,
state,
or
national
committee
1
of
a
political
party,
an
officer
or
member
of
a
committee
in
2
any
partisan
political
club
or
organization,
or
hold
or
be
a
3
candidate
for
a
paid
elective
public
office.
The
director
is
4
subject
to
the
restrictions
on
political
activity
provided
5
in
section
8A.416.
The
governor
shall
set
the
salary
of
the
6
director
within
pay
grade
nine.
7
Sec.
196.
Section
8A.103,
unnumbered
paragraph
1,
Code
8
2009,
is
amended
to
read
as
follows:
9
The
department
is
created
for
the
purpose
of
managing
and
10
coordinating
the
major
resources
of
state
government
including
11
the
human,
financial,
physical,
and
information
resources
of
12
state
government.
13
Sec.
197.
Section
8A.104,
subsection
12,
Code
2009,
is
14
amended
to
read
as
follows:
15
12.
Serve
as
the
chief
information
officer
for
the
16
state.
However,
the
director
may
designate
a
person
in
the
17
department
to
serve
in
this
capacity
at
the
discretion
of
18
the
director.
If
the
director
designates
a
person
to
serve
19
as
chief
information
officer,
the
person
designated
shall
be
20
professionally
qualified
by
education
and
have
no
less
than
21
five
years’
experience
in
the
fields
field
of
information
22
technology
and
financial
management
.
23
Sec.
198.
Section
8A.111,
subsection
11,
Code
2009,
is
24
amended
by
striking
the
subsection.
25
Sec.
199.
Section
8A.204,
subsection
3,
paragraph
b,
Code
26
2009,
is
amended
to
read
as
follows:
27
b.
Work
with
the
department
of
management
and
the
state
28
accounting
enterprise
of
the
department,
pursuant
to
section
29
8A.502
,
to
maintain
the
relevancy
of
the
central
budget
and
30
proprietary
control
accounts
of
the
general
fund
of
the
state
31
and
special
funds
to
information
technology,
as
those
terms
are
32
defined
in
section
8.2,
of
state
government.
33
Sec.
200.
Section
8A.323,
subsection
5,
Code
2009,
is
34
amended
to
read
as
follows:
35
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5.
Any
fine
that
remains
unpaid
upon
becoming
delinquent
1
may
be
collected
by
the
department
pursuant
to
the
setoff
2
procedures
provided
for
in
section
8A.504
8.74
.
For
purposes
3
of
this
subsection,
a
fine
becomes
delinquent
if
it
has
not
4
been
paid
within
thirty
days
of
the
date
of
the
issuance
of
the
5
parking
citation,
unless
a
written
request
for
a
hearing
is
6
filed
as
provided
pursuant
to
the
rules
of
the
department.
If
7
an
appeal
is
filed
and
the
citation
is
upheld,
the
fine
becomes
8
delinquent
ten
days
after
the
issuance
of
the
final
decision
on
9
the
appeal
or
thirty-one
days
after
the
date
of
the
issuance
of
10
the
parking
citation,
whichever
is
later.
11
Sec.
201.
Section
11.2,
subsection
1,
paragraph
b,
Code
12
2009,
is
amended
to
read
as
follows:
13
b.
Provided
further,
that
a
preliminary
audit
of
the
14
educational
institutions
and
the
state
fair
board
shall
be
made
15
periodically,
at
least
quarterly,
to
check
the
monthly
reports
16
submitted
to
the
director
of
the
department
of
administrative
17
services
as
required
by
section
8A.502
8.72
,
subsection
9,
and
18
that
a
final
audit
of
such
state
agencies
shall
be
made
at
the
19
close
of
each
fiscal
year.
20
Sec.
202.
Section
25.2,
subsection
5,
Code
2009,
is
amended
21
to
read
as
follows:
22
5.
Outstanding
state
warrants
that
have
been
canceled
23
pursuant
to
section
8A.519
8.89
and
were
charged
to
the
general
24
fund
of
the
state
or
another
state
funding
source
shall
be
25
addressed
as
provided
in
section
556.2C.
26
Sec.
203.
Section
96.11,
subsection
16,
Code
2009,
is
27
amended
to
read
as
follows:
28
16.
Reimbursement
of
setoff
costs.
The
department
shall
29
include
in
the
amount
set
off
in
accordance
with
section
30
8A.504
8.74
,
for
the
collection
of
an
overpayment
created
31
pursuant
to
section
96.3,
subsection
7,
or
section
96.16,
32
subsection
4,
an
additional
amount
for
the
reimbursement
of
33
setoff
costs
incurred
by
the
department
of
administrative
34
services.
35
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255
S.F.
2088
Sec.
204.
Section
97B.7A,
subsection
5,
Code
2009,
is
1
amended
to
read
as
follows:
2
5.
Travel.
In
the
administration
of
the
investment
of
3
moneys
in
the
retirement
fund,
employees
of
the
system
and
4
members
of
the
board
may
travel
outside
the
state
for
the
5
purpose
of
meeting
with
investment
firms
and
consultants
and
6
attending
conferences
and
meetings
to
fulfill
their
fiduciary
7
responsibilities.
This
travel
is
not
subject
to
section
8
8A.512
8.82
,
subsection
2.
9
Sec.
205.
Section
99D.2,
subsection
3,
Code
2009,
is
amended
10
to
read
as
follows:
11
3.
“Claimant
agency”
means
a
state
agency
as
defined
12
in
section
8A.504
8.74
,
subsection
1,
or
the
state
court
13
administrator
as
defined
in
section
602.1101.
14
Sec.
206.
Section
99D.28,
subsection
2,
Code
2009,
is
15
amended
to
read
as
follows:
16
2.
The
licensee
is
authorized
and
directed
to
withhold
17
any
winnings
of
a
debtor
which
are
paid
out
directly
by
the
18
licensee
subject
to
the
lien
created
by
this
section
and
19
provide
notice
of
such
withholding
to
the
winner
when
the
20
winner
appears
and
claims
winnings
in
person.
The
licensee
21
shall
pay
the
funds
over
to
the
collection
entity
which
22
administers
the
setoff
program
pursuant
to
section
8A.504
8.74
.
23
Sec.
207.
Section
99F.1,
subsection
4,
Code
2009,
is
amended
24
to
read
as
follows:
25
4.
“Claimant
agency”
means
a
state
agency
as
defined
26
in
section
8A.504
8.74
,
subsection
1,
or
the
state
court
27
administrator
as
defined
in
section
602.1101.
28
Sec.
208.
Section
99F.19,
subsection
2,
Code
2009,
is
29
amended
to
read
as
follows:
30
2.
The
licensee
is
authorized
and
directed
to
withhold
31
any
winnings
of
a
debtor
which
are
paid
out
directly
by
the
32
licensee
subject
to
the
lien
created
by
this
section
and
33
provide
notice
of
such
withholding
to
the
winner
when
the
34
winner
appears
and
claims
winnings
in
person.
The
licensee
35
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shall
pay
the
funds
over
to
the
collection
entity
which
1
administers
the
setoff
program
pursuant
to
section
8A.504
8.74
.
2
Sec.
209.
Section
99G.38,
subsection
3,
Code
2009,
is
3
amended
to
read
as
follows:
4
3.
The
state
of
Iowa
offset
program,
as
provided
in
section
5
8A.504
8.74
,
shall
be
available
to
the
authority
to
facilitate
6
receipt
of
funds
owed
to
the
authority.
7
Sec.
210.
Section
217.34,
Code
2009,
is
amended
to
read
as
8
follows:
9
217.34
Debt
setoff.
10
The
investigations
division
of
the
department
of
inspections
11
and
appeals
and
the
department
of
human
services
shall
provide
12
assistance
to
set
off
against
a
person’s
or
provider’s
income
13
tax
refund
or
rebate
any
debt
which
has
accrued
through
written
14
contract,
subrogation,
departmental
recoupment
procedures,
15
or
court
judgment
and
which
is
in
the
form
of
a
liquidated
16
sum
due
and
owing
the
department
of
human
services.
The
17
department
of
inspections
and
appeals,
with
approval
of
the
18
department
of
human
services,
shall
adopt
rules
under
chapter
19
17A
necessary
to
assist
the
department
of
administrative
20
services
management
in
the
implementation
of
the
setoff
under
21
section
8A.504
8.74
in
regard
to
money
owed
to
the
state
22
for
public
assistance
overpayments.
The
department
of
human
23
services
shall
adopt
rules
under
chapter
17A
necessary
to
24
assist
the
department
of
administrative
services
management
in
25
the
implementation
of
the
setoff
under
section
8A.504
8.74
,
in
26
regard
to
collections
by
the
child
support
recovery
unit
and
27
the
foster
care
recovery
unit.
28
Sec.
211.
Section
218.58,
subsection
5,
Code
2009,
is
29
amended
to
read
as
follows:
30
5.
A
claim
for
payment
relating
to
a
project
shall
be
31
itemized
on
a
voucher
form
pursuant
to
section
8A.514
8.84
,
32
certified
by
the
claimant
and
the
architect
or
engineer
33
in
charge,
and
audited
and
approved
by
the
department
of
34
administrative
services
management
.
Upon
approval
by
the
35
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department
of
administrative
services
management
,
the
director
1
of
the
department
of
administrative
services
management
shall
2
draw
a
warrant
to
be
paid
by
the
treasurer
of
state
from
funds
3
appropriated
for
the
project.
A
partial
payment
made
before
4
completion
of
the
project
does
not
constitute
final
acceptance
5
of
the
work
or
a
waiver
of
any
defect
in
the
work.
6
Sec.
212.
Section
218.85,
Code
2009,
is
amended
to
read
as
7
follows:
8
218.85
Uniform
system
of
accounts.
9
The
director
of
human
services
through
the
administrators
10
in
control
of
the
institutions
shall
install
in
all
the
11
institutions
the
most
modern,
complete,
and
uniform
system
of
12
accounts,
records,
and
reports
possible.
The
system
shall
be
13
prescribed
by
the
director
of
the
department
of
administrative
14
services
management
as
authorized
in
section
8A.502
8.72
,
15
subsection
13,
and,
among
other
matters,
shall
clearly
show
16
the
detailed
facts
relative
to
the
handling
and
uses
of
all
17
purchases.
18
Sec.
213.
Section
234.8,
Code
2009,
is
amended
to
read
as
19
follows:
20
234.8
Fees
for
child
welfare
services.
21
The
department
of
human
services
may
charge
a
fee
for
22
child
welfare
services
to
a
person
liable
for
the
cost
of
the
23
services.
The
fee
shall
not
exceed
the
reasonable
cost
of
the
24
services.
The
fee
shall
be
based
upon
the
person’s
ability
25
to
pay
and
consideration
of
the
fee’s
impact
upon
the
liable
26
person’s
family
and
the
goals
identified
in
the
case
permanency
27
plan.
The
department
may
assess
the
liable
person
for
the
fee
28
and
the
means
of
recovery
shall
include
a
setoff
against
an
29
amount
owed
by
a
state
agency
to
the
person
assessed
pursuant
30
to
section
8A.504
8.74
.
In
addition
the
department
may
31
establish
an
administrative
process
to
recover
the
assessment
32
through
automatic
income
withholding.
The
department
shall
33
adopt
rules
pursuant
to
chapter
17A
to
implement
the
provisions
34
of
this
section.
This
section
does
not
apply
to
court-ordered
35
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services
provided
to
juveniles
which
are
a
charge
upon
the
1
state
pursuant
to
section
232.141
and
services
for
which
the
2
department
has
established
a
support
obligation
pursuant
to
3
section
234.39.
4
Sec.
214.
Section
252B.5,
subsection
4,
Code
Supplement
5
2009,
is
amended
to
read
as
follows:
6
4.
Assistance
to
set
off
against
a
debtor’s
income
tax
7
refund
or
rebate
any
support
debt,
which
is
assigned
to
8
the
department
of
human
services
or
which
the
child
support
9
recovery
unit
is
attempting
to
collect
on
behalf
of
any
10
individual
not
eligible
as
a
public
assistance
recipient,
which
11
has
accrued
through
written
contract,
subrogation,
or
court
12
judgment,
and
which
is
in
the
form
of
a
liquidated
sum
due
13
and
owing
for
the
care,
support,
or
maintenance
of
a
child.
14
Unless
the
periodic
payment
plan
provisions
for
a
retroactive
15
modification
pursuant
to
section
598.21C
apply,
the
entire
16
amount
of
a
judgment
for
accrued
support,
notwithstanding
17
compliance
with
a
periodic
payment
plan
or
regardless
of
the
18
date
of
entry
of
the
judgment,
is
due
and
owing
as
of
the
date
19
of
entry
of
the
judgment
and
is
delinquent
for
the
purposes
of
20
setoff,
including
for
setoff
against
a
debtor’s
federal
income
21
tax
refund
or
other
federal
nontax
payment.
The
department
22
of
human
services
shall
adopt
rules
pursuant
to
chapter
23
17A
necessary
to
assist
the
department
of
administrative
24
services
management
in
the
implementation
of
the
child
support
25
setoff
as
established
under
section
8A.504
8.74
.
26
Sec.
215.
Section
261.37,
subsection
7,
Code
2009,
is
27
amended
to
read
as
follows:
28
7.
To
establish
an
effective
system
for
the
collection
of
29
delinquent
loans,
including
the
adoption
of
an
agreement
with
30
the
department
of
administrative
services
management
to
set
off
31
against
a
defaulter’s
income
tax
refund
or
rebate
the
amount
32
that
is
due
because
of
a
default
on
a
guaranteed
or
parental
33
loan
made
under
this
division.
The
commission
shall
adopt
34
rules
under
chapter
17A
necessary
to
assist
the
department
of
35
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administrative
services
management
in
the
implementation
of
1
the
student
loan
setoff
program
as
established
under
section
2
8A.504
8.74
.
The
commission
shall
apply
administrative
wage
3
garnishment
procedures
authorized
under
the
federal
Higher
4
Education
Act
of
1965,
as
amended
and
codified
in
20
U.S.C.
5
§
1071
et
seq.,
for
all
delinquent
loans,
including
loans
6
authorized
under
section
261.38,
when
a
defaulter
who
is
7
financially
capable
of
paying
fails
to
voluntarily
enter
into
a
8
reasonable
payment
agreement.
In
no
case
shall
the
commission
9
garnish
more
than
the
amount
authorized
by
federal
law
for
10
all
loans
being
collected
by
the
commission,
including
those
11
authorized
under
section
261.38.
12
Sec.
216.
Section
321.11A,
subsection
1,
paragraph
c,
Code
13
2009,
is
amended
to
read
as
follows:
14
c.
The
department
of
administrative
services
management
for
15
the
purpose
of
administering
the
setoff
program
pursuant
to
16
section
8A.504
8.74
.
17
Sec.
217.
Section
321.31,
subsection
1,
unnumbered
18
paragraph
3,
Code
2009,
is
amended
to
read
as
follows:
19
The
director
shall
maintain
a
records
system
of
delinquent
20
accounts
owed
to
the
state
using
information
provided
through
21
the
computerized
data
bank
established
in
section
421.17.
The
22
department
and
county
treasurers
shall
use
the
information
23
maintained
in
the
records
system
to
determine
if
applicants
24
for
renewal
of
registration
have
delinquent
accounts,
charges,
25
fees,
loans,
taxes,
or
other
indebtedness
owed
to
or
being
26
collected
by
the
state
as
provided
pursuant
to
section
27
8A.504
8.74
.
The
director,
the
director
of
the
department
of
28
administrative
services
management
,
and
the
director
of
revenue
29
shall
establish
procedures
for
updating
the
delinquent
accounts
30
records
to
add
and
remove
accounts,
as
applicable.
31
Sec.
218.
Section
321.40,
subsection
6,
Code
Supplement
32
2009,
is
amended
to
read
as
follows:
33
6.
The
department
or
the
county
treasurer
shall
refuse
to
34
renew
the
registration
of
a
vehicle
registered
to
the
applicant
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if
the
department
or
the
county
treasurer
knows
that
the
1
applicant
has
a
delinquent
account,
charge,
fee,
loan,
taxes,
2
or
other
indebtedness
owed
to
or
being
collected
by
the
state,
3
from
information
provided
pursuant
to
sections
8A.504
8.74
and
4
421.17.
An
applicant
may
contest
this
action
by
requesting
a
5
contested
case
proceeding
from
the
agency
that
referred
the
6
debt
for
collection
pursuant
to
section
8A.504
8.74
.
7
Sec.
219.
Section
331.552,
subsection
5,
Code
2009,
is
8
amended
to
read
as
follows:
9
5.
Account
for,
report,
and
pay
into
the
state
treasury
any
10
money,
property,
or
securities
received
on
behalf
of
the
state
11
as
provided
in
sections
8A.506
to
8A.508
8.76
to
8.78
.
12
Sec.
220.
Section
422.12D,
subsection
4,
Code
2009,
is
13
amended
to
read
as
follows:
14
4.
The
department
shall
adopt
rules
to
implement
this
15
section.
However,
before
a
checkoff
pursuant
to
this
section
16
shall
be
permitted,
all
liabilities
on
the
books
of
the
17
department
of
administrative
services
management
and
accounts
18
identified
as
owing
under
section
8A.504
8.74
and
the
political
19
contribution
allowed
under
section
68A.601
shall
be
satisfied.
20
Sec.
221.
Section
422.12K,
subsection
2,
Code
Supplement
21
2009,
is
amended
to
read
as
follows:
22
2.
The
director
of
revenue
shall
draft
the
income
tax
form
23
to
allow
the
designation
of
contributions
to
the
child
abuse
24
prevention
program
fund
on
the
tax
return.
The
department
of
25
revenue,
on
or
before
January
31,
shall
transfer
the
total
26
amount
designated
on
the
tax
return
forms
due
in
the
preceding
27
calendar
year
to
the
child
abuse
prevention
program
fund.
28
However,
before
a
checkoff
pursuant
to
this
section
shall
be
29
permitted,
all
liabilities
on
the
books
of
the
department
of
30
administrative
services
management
and
accounts
identified
as
31
owing
under
section
8A.504
8.74
and
the
political
contribution
32
allowed
under
section
68A.601
shall
be
satisfied.
33
Sec.
222.
Section
422.12L,
subsection
2,
Code
2009,
is
34
amended
to
read
as
follows:
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2088
2.
The
director
of
revenue
shall
draft
the
income
tax
form
1
to
allow
the
designation
of
contributions
to
the
veterans
trust
2
fund
and
to
the
volunteer
fire
fighter
preparedness
fund
as
3
one
checkoff
on
the
tax
return.
The
department
of
revenue,
4
on
or
before
January
31,
shall
transfer
one-half
of
the
total
5
amount
designated
on
the
tax
return
forms
due
in
the
preceding
6
calendar
year
to
the
veterans
trust
fund
and
the
remaining
7
one-half
to
the
volunteer
fire
fighter
preparedness
fund.
8
However,
before
a
checkoff
pursuant
to
this
section
shall
be
9
permitted,
all
liabilities
on
the
books
of
the
department
of
10
administrative
services
management
and
accounts
identified
as
11
owing
under
section
8A.504
8.74
and
the
political
contribution
12
allowed
under
section
68A.601
shall
be
satisfied.
13
Sec.
223.
Section
422.20,
subsection
3,
paragraph
a,
Code
14
2009,
is
amended
to
read
as
follows:
15
a.
Unless
otherwise
expressly
permitted
by
section
16
8A.504
8.74
,
section
421.17,
subsections
22,
23,
and
26,
17
sections
252B.9,
321.120,
421.19,
421.28,
422.72,
and
452A.63,
18
and
this
section,
a
tax
return,
return
information,
or
19
investigative
or
audit
information
shall
not
be
divulged
to
any
20
person
or
entity,
other
than
the
taxpayer,
the
department,
or
21
internal
revenue
service
for
use
in
a
matter
unrelated
to
tax
22
administration.
23
Sec.
224.
Section
422.72,
subsection
3,
paragraph
a,
Code
24
2009,
is
amended
to
read
as
follows:
25
a.
Unless
otherwise
expressly
permitted
by
section
26
8A.504
8.74
,
section
421.17,
subsections
22,
23,
and
26,
27
sections
252B.9,
321.120,
421.19,
421.28,
422.20,
and
452A.63,
28
and
this
section,
a
tax
return,
return
information,
or
29
investigative
or
audit
information
shall
not
be
divulged
to
any
30
person
or
entity,
other
than
the
taxpayer,
the
department,
or
31
internal
revenue
service
for
use
in
a
matter
unrelated
to
tax
32
administration.
33
Sec.
225.
Section
456A.16,
unnumbered
paragraph
7,
Code
34
2009,
is
amended
to
read
as
follows:
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2088
The
department
shall
adopt
rules
to
implement
this
section.
1
However,
before
a
checkoff
pursuant
to
this
section
shall
be
2
permitted,
all
liabilities
on
the
books
of
the
department
of
3
administrative
services
management
and
accounts
identified
as
4
owing
under
section
8A.504
8.74
and
the
political
contribution
5
allowed
under
section
68A.601
shall
be
satisfied.
6
Sec.
226.
Section
556.2C,
subsection
1,
paragraph
a,
Code
7
2009,
is
amended
to
read
as
follows:
8
a.
An
unpaid,
outdated
warrant
that
is
canceled
pursuant
to
9
section
8A.519
8.89
shall
be
included
in
a
list
of
outstanding
10
state
warrants
maintained
by
the
director
of
the
department
of
11
administrative
services
management
.
On
or
before
July
1
of
12
each
year,
the
director
of
the
department
of
administrative
13
services
management
shall
provide
the
office
of
the
treasurer
14
of
state
with
a
consolidated
list
of
such
outstanding
warrants
15
that
have
not
been
previously
reported
to
the
office.
16
Sec.
227.
Section
602.8102,
subsection
58A,
Code
2009,
is
17
amended
to
read
as
follows:
18
58A.
Assist
the
department
of
administrative
services
19
management
in
setting
off
against
debtors’
income
tax
refunds
20
or
rebates
under
section
8A.504
8.74
,
debts
which
are
due,
21
owing,
and
payable
to
the
clerk
of
the
district
court
as
22
criminal
fines,
civil
penalties,
surcharges,
or
court
costs.
23
Sec.
228.
Section
602.8107,
subsection
4,
paragraph
a,
Code
24
Supplement
2009,
is
amended
to
read
as
follows:
25
a.
This
subsection
does
not
apply
to
amounts
collected
for
26
victim
restitution,
the
victim
compensation
fund,
the
criminal
27
penalty
surcharge,
sex
offender
civil
penalty,
drug
abuse
28
resistance
education
surcharge,
the
law
enforcement
initiative
29
surcharge,
county
enforcement
surcharge,
amounts
collected
as
30
a
result
of
procedures
initiated
under
subsection
5
or
under
31
section
8A.504
8.74
,
or
fees
charged
pursuant
to
section
356.7.
32
Sec.
229.
Section
642.2,
subsection
4,
Code
2009,
is
amended
33
to
read
as
follows:
34
4.
Notwithstanding
subsections
2,
3,
6,
and
7,
any
35
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2088
moneys
owed
to
the
child
support
obligor
by
the
state,
with
1
the
exception
of
unclaimed
property
held
by
the
treasurer
2
of
state
pursuant
to
chapter
556,
and
payments
owed
to
the
3
child
support
obligor
through
the
Iowa
public
employees’
4
retirement
system
are
subject
to
garnishment,
attachment,
5
execution,
or
assignment
by
the
child
support
recovery
unit
6
if
the
child
support
recovery
unit
is
providing
enforcement
7
services
pursuant
to
chapter
252B.
Any
moneys
that
are
8
determined
payable
by
the
treasurer
pursuant
to
section
556.20,
9
subsection
2,
to
the
child
support
obligor
shall
be
subject
to
10
setoff
pursuant
to
section
8A.504
8.74
,
notwithstanding
any
11
administrative
rule
pertaining
to
the
child
support
recovery
12
unit
limiting
the
amount
of
the
offset.
13
Sec.
230.
REPEAL.
Sections
8A.502,
8A.503,
8A.504,
8A.506,
14
8A.507,
8A.508,
8A.509,
8A.510,
8A.511,
8A.512,
8A.513,
8A.514,
15
8A.515,
8A.516,
8A.517,
8A.518,
and
8A.519,
Code
2009,
are
16
repealed.
17
Sec.
231.
REPEAL.
Section
8A.505,
Code
Supplement
2009,
is
18
repealed.
19
Sec.
232.
DEPARTMENT
OF
MANAGEMENT
——
CENTRALIZED
20
PAYROLL
SYSTEM.
The
department
of
management
shall
examine
21
the
possibility
of
merging
all
state
payroll
systems
into
22
the
centralized
payroll
system
operated
by
the
department.
23
The
department
shall
consult
with
those
entities
of
state
24
government
not
utilizing
the
centralized
payroll
system,
25
including
but
not
limited
to
the
state
department
of
26
transportation,
about
strategies
for
encouraging
utilization
27
of
the
state’s
centralized
payroll
system
and
by
identifying
28
those
barriers
preventing
merging
of
the
payroll
systems.
29
The
department
shall
provide
information
to
the
joint
30
appropriations
subcommittee
on
administration
and
regulation
31
concerning
efforts
by
the
department
to
merge
payroll
systems
32
and
any
recommendations
for
legislative
action
to
encourage,
or
33
eliminate
barriers
to,
the
provision
of
payroll
services
by
the
34
department
to
other
state
agencies.
35
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2088
Sec.
233.
DEPARTMENT
OF
MANAGEMENT
——
PAYROLL
1
FREQUENCY.
The
department
of
management
shall
implement
to
the
2
greatest
extent
possible
a
reduction
in
the
frequency
of
paying
3
state
employees
by
paying
employees
through
the
payroll
system
4
on
a
semimonthly
instead
of
a
biweekly
basis.
5
DIVISION
XV
6
ADMINISTRATION
AND
REGULATION
APPROPRIATIONS
7
Sec.
234.
DEPARTMENT
OF
REVENUE
——
EXAMINERS.
There
8
is
appropriated
from
the
general
fund
of
the
state
to
the
9
department
of
revenue
for
the
fiscal
year
beginning
July
1,
10
2010,
and
ending
June
30,
2011,
the
following
amount,
or
so
11
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
12
designated:
13
For
salaries,
support,
maintenance,
miscellaneous
purposes,
14
and
for
not
more
than
the
following
full-time
equivalent
15
positions:
16
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
325,000
17
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
5.00
18
The
moneys
appropriated
in
this
section
shall
be
utilized
by
19
the
department
to
hire
five
additional
examiners.
20
Sec.
235.
DEPARTMENT
OF
MANAGEMENT
——
GRANTS
ENTERPRISE
21
MANAGEMENT.
There
is
appropriated
from
the
general
fund
of
22
the
state
to
the
department
of
management
for
the
fiscal
year
23
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
24
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
25
purposes
designated:
26
For
the
office
of
grants
enterprise
management,
including
27
salaries,
support,
maintenance,
miscellaneous
purposes,
and
for
28
not
more
than
the
following
full-time
equivalent
position:
29
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
175,000
30
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
1.00
31
Of
the
moneys
appropriated
in
this
section,
$50,000
shall
32
be
used
by
the
department
of
management
to
create
and
fill
33
an
additional
position
in
the
office
of
grants
enterprise
34
management.
35
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SF
2088
(50)
83
ec/rj
112/
255
S.F.
2088
DIVISION
XVI
1
ELIMINATION
OF
STATE
ENTITIES
2
ENTITIES
ASSOCIATED
WITH
THE
DEPARTMENT
OF
AGRICULTURE
AND
3
LAND
STEWARDSHIP
4
Sec.
236.
Section
159.20,
subsection
1,
paragraph
j,
Code
5
Supplement
2009,
is
amended
to
read
as
follows:
6
j.
Assist
the
office
of
renewable
fuels
and
coproducts
7
and
the
renewable
fuels
and
coproducts
advisory
committee
in
8
administering
the
provisions
of
chapter
159A.
9
Sec.
237.
Section
159A.1,
subsection
3,
Code
2009,
is
10
amended
to
read
as
follows:
11
3.
This
state
adopts
a
policy
of
enhancing
agricultural
12
production
by
encouraging
the
development
and
use
of
fuels
and
13
coproducts
derived
from
agricultural
commodities,
as
provided
14
in
this
chapter,
including
rules
adopted
by
the
office
of
15
renewable
fuels
and
coproducts
and
the
renewable
fuels
and
16
coproducts
advisory
committee
.
17
Sec.
238.
Section
159A.2,
subsection
2,
Code
2009,
is
18
amended
by
striking
the
subsection.
19
Sec.
239.
Section
159A.3,
subsection
2,
paragraph
h,
Code
20
Supplement
2009,
is
amended
by
striking
the
paragraph.
21
Sec.
240.
Section
159A.3,
subsection
2,
paragraph
i,
Code
22
Supplement
2009,
is
amended
by
striking
the
paragraph.
23
Sec.
241.
Section
159A.3,
subsection
4,
Code
Supplement
24
2009,
is
amended
to
read
as
follows:
25
4.
The
office
and
state
entities,
including
the
department,
26
the
committee,
the
Iowa
department
of
economic
development,
27
the
state
department
of
transportation,
the
office
of
energy
28
independence,
and
the
state
board
of
regents
institutions,
29
shall
cooperate
to
implement
this
section.
30
Sec.
242.
Section
159A.6,
Code
Supplement
2009,
is
amended
31
to
read
as
follows:
32
159A.6
Education,
promotion,
and
advertising.
33
1.
The
office
shall
support
do
all
of
the
following:
34
a.
Support
education
regarding,
and
promotion
and
35
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S.F.
2088
advertising
of,
renewable
fuels
and
coproducts.
The
office
1
shall
consult
with
the
Iowa
corn
growers
association
and
the
2
Iowa
soybean
association.
3
2.
b.
The
office
shall
promote
Promote
the
advantages
4
related
to
the
use
of
renewable
fuels
as
an
alternative
to
5
nonrenewable
fuels.
Promotions
shall
be
designed
to
inform
the
6
ultimate
consumer
of
advantages
associated
with
using
renewable
7
fuels,
and
emphasize
the
benefits
to
the
natural
environment.
8
The
promotion
shall
inform
consumers
at
the
businesses
of
9
retail
dealers
of
motor
vehicle
fuels.
10
3.
c.
The
committee
shall
develop
Develop
standards
for
11
decals
required
pursuant
to
section
214A.16,
which
shall
be
12
designed
to
promote
the
advantages
of
using
renewable
fuels.
13
The
standards
may
be
incorporated
within
a
model
decal
adopted
14
by
the
committee
and
approved
by
the
office.
15
4.
d.
The
office
shall
promote
Promote
the
advantages
16
related
to
the
use
of
coproducts
derived
from
the
production
17
of
renewable
fuels,
including
the
use
of
coproducts
used
as
18
livestock
feed
or
meal.
Promotions
shall
be
designed
to
19
inform
the
potential
purchasers
of
the
advantages
associated
20
with
using
coproducts.
The
office
shall
promote
advantages
21
associated
with
using
coproducts
of
ethanol
production
as
22
livestock
feed
or
meal
to
cattle
producers
in
this
state.
23
5.
2.
The
office
may
contract
to
provide
all
or
part
of
24
these
the
services
described
in
subsection
1
.
25
Sec.
243.
Section
159A.7,
subsection
2,
Code
Supplement
26
2009,
is
amended
to
read
as
follows:
27
2.
Moneys
in
the
fund
shall
be
used
only
to
carry
out
28
the
provisions
of
this
section
and
sections
159A.3,
159A.4
,
29
159A.5
,
159A.6,
159A.6A,
and
159A.6B
within
the
state
of
Iowa.
30
Sec.
244.
Section
190C.1,
subsection
2,
Code
2009,
is
31
amended
by
striking
the
subsection.
32
Sec.
245.
Section
190C.2B,
subsection
1,
Code
2009,
is
33
amended
to
read
as
follows:
34
1.
The
department
shall
implement
and
administer
the
35
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2088
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255
S.F.
2088
provisions
of
this
chapter
for
agricultural
products
that
have
1
been
produced
and
handled
within
this
state
using
organic
2
methods
as
provided
in
this
chapter.
The
department
may
3
consult
with
the
council
in
implementing
and
administering
this
4
chapter
.
The
department
may
certify
agricultural
products
that
5
have
been
produced
and
handled
outside
this
state
using
an
6
organic
method
as
provided
in
this
chapter.
7
Sec.
246.
Section
190C.3,
subsection
2,
Code
2009,
is
8
amended
to
read
as
follows:
9
2.
The
department
may
request
assistance
from
the
council
10
as
provided
in
section
190C.2A
or
from
one
or
more
regional
11
organic
associations
as
provided
in
section
190C.6.
12
Sec.
247.
Section
214A.1,
subsection
7,
Code
2009,
is
13
amended
by
striking
the
subsection.
14
Sec.
248.
Section
214A.1,
Code
2009,
is
amended
by
adding
15
the
following
new
subsection:
16
NEW
SUBSECTION
.
17A.
“Office”
means
the
office
of
renewable
17
fuels
and
coproducts
created
pursuant
to
section
159A.3.
18
Sec.
249.
Section
214A.2,
subsection
1,
Code
Supplement
19
2009,
is
amended
to
read
as
follows:
20
1.
The
department
shall
adopt
rules
pursuant
to
chapter
21
17A
for
carrying
out
this
chapter.
The
rules
may
include
,
but
22
are
not
limited
to
,
specifications
relating
to
motor
fuel,
23
including
but
not
limited
to
renewable
fuel
such
as
ethanol
24
blended
gasoline,
biodiesel,
biodiesel
blended
fuel,
and
25
motor
fuel
components
such
as
an
oxygenate.
In
the
interest
26
of
uniformity,
the
department
shall
adopt
by
reference
other
27
specifications
relating
to
tests
and
standards
for
motor
fuel
28
including
renewable
fuel
and
motor
fuel
components,
established
29
by
the
United
States
environmental
protection
agency
and
30
A.S.T.M.
international.
In
adopting
standards
for
a
renewable
31
fuel,
the
department
shall
consult
with
the
committee.
32
Sec.
250.
Section
422.11N,
subsection
4,
paragraph
b,
33
unnumbered
paragraph
2,
Code
2009,
is
amended
to
read
as
34
follows:
35
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255
S.F.
2088
If
the
governor
finds
that
exigent
circumstances
exist,
the
1
governor
may
reduce
the
applicable
biofuel
threshold
percentage
2
by
replacing
it
with
an
adjusted
biofuel
threshold
percentage.
3
The
governor
shall
consult
with
the
department
of
revenue
4
and
the
office
of
renewable
fuels
and
coproducts
advisory
5
committee
established
pursuant
to
section
159A.4
159A.3
.
6
The
governor
shall
make
the
adjustment
by
giving
notice
of
7
intent
to
issue
a
proclamation
which
shall
take
effect
not
8
earlier
than
thirty-five
days
after
publication
in
the
Iowa
9
administrative
bulletin
of
a
notice
to
issue
the
proclamation.
10
The
governor
shall
provide
a
period
of
notice
and
comment
in
11
the
same
manner
as
provided
in
section
17A.4,
subsection
1.
12
The
adjusted
biofuel
threshold
percentage
shall
be
effective
13
for
the
following
determination
period.
14
Sec.
251.
Section
469.3,
subsection
2,
paragraph
m,
Code
15
Supplement
2009,
is
amended
to
read
as
follows:
16
m.
Coordinate
with
other
state
agencies
regarding
17
implementation
of
the
office
of
renewable
fuels
and
coproducts
18
pursuant
to
section
159A.3
,
serve
on
the
renewable
fuels
19
and
coproducts
advisory
committee,
and
assist
in
providing
20
technical
assistance
to
new
or
existing
renewable
fuel
21
production
facilities.
22
Sec.
252.
REPEAL.
Section
159A.4,
Code
Supplement
2009,
is
23
repealed.
24
Sec.
253.
REPEAL.
Sections
159A.5,
190C.2,
and
190C.2A,
25
Code
2009,
are
repealed.
26
Sec.
254.
REPEAL.
Chapter
175A,
Code
2009,
is
repealed.
27
Sec.
255.
GRAPE
AND
WINE
DEVELOPMENT
FUND.
This
division
28
of
this
Act
does
not
affect
the
expenditure
of
moneys
by
the
29
department
of
agriculture
and
land
stewardship
to
satisfy
any
30
obligations
or
encumbrances
of
moneys
in
the
grape
and
wine
31
development
fund
created
in
section
175A.5,
if
the
obligations
32
or
encumbrances
were
incurred
prior
to
the
effective
date
of
33
this
division
of
this
Act.
Moneys
credited
to
the
grape
and
34
wine
development
fund
that
are
unobligated
or
unencumbered
at
35
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255
S.F.
2088
the
close
of
the
fiscal
year
ending
June
30,
2010,
shall
be
1
transferred
to
the
wine
gallonage
tax
fund
created
in
section
2
123.183
in
the
same
manner
as
a
reversion.
3
DIVISION
XVII
4
ELIMINATION
OF
STATE
ENTITIES
5
ENTITIES
ASSOCIATED
WITH
THE
DEPARTMENT
OF
NATURAL
RESOURCES’
6
CONTROL
OF
THE
NATURAL
HABITAT
7
Sec.
256.
2008
Iowa
Acts,
chapter
1080,
section
1,
8
subsection
6,
is
amended
to
read
as
follows:
9
6.
This
section
is
repealed
on
July
1,
2010
the
effective
10
date
of
this
section
of
this
division
of
this
Act
.
11
Sec.
257.
REPEAL.
2009
Iowa
Acts,
chapter
144,
section
49,
12
is
repealed.
13
Sec.
258.
EFFECTIVE
UPON
ENACTMENT.
The
following
14
provisions
of
this
division
of
this
Act,
being
deemed
of
15
immediate
importance,
take
effect
upon
enactment:
16
The
section
of
this
Act
amending
2008
Iowa
Acts,
chapter
17
1080,
section
1,
concerning
the
sustainable
natural
resource
18
funding
advisory
committee.
19
The
sections
of
this
Act
repealing
2009
Iowa
Acts,
chapter
20
144,
section
49,
establishing
an
upland
game
bird
study
21
advisory
committee.
22
DIVISION
XVIII
23
ELIMINATION
OF
STATE
ENTITIES
24
ENTITIES
ASSOCIATED
WITH
THE
DEPARTMENT
OF
NATURAL
RESOURCES
——
25
IOWA
CLIMATE
CHANGE
ADVISORY
COUNCIL
26
Sec.
259.
Section
455B.104,
Code
Supplement
2009,
is
27
amended
by
adding
the
following
new
subsections:
28
NEW
SUBSECTION
.
3.
The
department
may
periodically
forward
29
recommendations
to
the
commission
designed
to
encourage
the
30
reduction
of
statewide
greenhouse
gas
emissions.
31
NEW
SUBSECTION
.
4.
By
September
1
of
each
year,
the
32
department
shall
submit
a
report
to
the
governor
and
the
33
general
assembly
regarding
the
greenhouse
gas
emissions
in
the
34
state
during
the
previous
calendar
year
and
forecasting
trends
35
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255
S.F.
2088
in
such
emissions.
The
first
submission
by
the
department
1
shall
be
filed
by
September
1,
2011,
for
the
calendar
year
2
beginning
January
1,
2010.
3
Sec.
260.
Section
455B.851,
Code
2009,
is
amended
by
adding
4
the
following
new
subsection:
5
NEW
SUBSECTION
.
10.
This
section
is
repealed
July
1,
2011.
6
Sec.
261.
Section
473.7,
subsection
12,
paragraph
b,
Code
7
Supplement
2009,
is
amended
by
striking
the
paragraph.
8
DIVISION
XIX
9
IOWA
COMPREHENSIVE
PETROLEUM
UNDERGROUND
10
STORAGE
TANK
FUND
BOARD
11
Sec.
262.
Section
15G.201,
subsection
10,
Code
2009,
is
12
amended
by
striking
the
subsection.
13
Sec.
263.
Section
15G.202,
subsection
6,
Code
2009,
is
14
amended
to
read
as
follows:
15
6.
The
infrastructure
board
shall
meet
with
three
16
or
more
members
of
the
underground
storage
tank
fund
17
board
who
shall
represent
the
underground
storage
tank
18
fund
board
the
department
of
natural
resources
.
The
19
representatives
department
of
natural
resources
shall
20
be
available
to
advise
the
infrastructure
board
when
the
21
infrastructure
board
makes
decisions
regarding
the
awarding
22
of
financial
incentives
to
a
person
under
a
renewable
fuel
23
infrastructure
program
provided
in
section
15G.203
or
15G.204.
24
Sec.
264.
Section
15G.203,
subsection
2,
Code
Supplement
25
2009,
is
amended
to
read
as
follows:
26
2.
A
person
may
apply
to
the
department
to
receive
financial
27
incentives
on
a
cost-share
basis.
The
department
shall
forward
28
the
applications
to
the
underground
storage
tank
fund
board
29
as
required
by
that
board
for
evaluation
and
recommendation.
30
The
underground
storage
tank
fund
board
may
rank
evaluate
the
31
applications
with
comments
and
shall
,
make
recommendations,
32
and
forward
them
to
the
infrastructure
board
for
approval
or
33
disapproval.
The
department
shall
award
financial
incentives
34
on
a
cost-share
basis
to
an
eligible
person
whose
application
35
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SF
2088
(50)
83
ec/rj
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255
S.F.
2088
was
approved
by
the
infrastructure
board.
1
Sec.
265.
Section
15G.204,
subsection
1,
Code
2009,
is
2
amended
to
read
as
follows:
3
1.
A
person
may
apply
to
the
department
to
receive
financial
4
incentives
on
a
cost-share
basis.
The
department
shall
forward
5
the
applications
to
the
underground
storage
tank
fund
board
6
as
required
by
that
board
for
evaluation
and
recommendation.
7
The
underground
storage
tank
fund
board
may
rank
evaluate
the
8
applications
with
comments
and
shall
,
make
recommendations,
9
and
forward
them
to
the
infrastructure
board
for
approval
or
10
disapproval.
The
department
shall
award
financial
incentives
11
on
a
cost-share
basis
to
an
eligible
person
whose
application
12
was
approved
by
the
infrastructure
board.
13
Sec.
266.
Section
16.1,
subsection
1,
paragraph
ad,
14
subparagraph
(12),
Code
Supplement
2009,
is
amended
by
striking
15
the
subparagraph.
16
Sec.
267.
Section
68B.35,
subsection
2,
paragraph
e,
Code
17
Supplement
2009,
is
amended
to
read
as
follows:
18
e.
Members
of
the
state
banking
council,
the
ethics
and
19
campaign
disclosure
board,
the
credit
union
review
board,
the
20
economic
development
board,
the
employment
appeal
board,
the
21
environmental
protection
commission,
the
health
facilities
22
council,
the
Iowa
finance
authority,
the
Iowa
public
employees’
23
retirement
system
investment
board,
the
board
of
the
Iowa
24
lottery
authority,
the
natural
resource
commission,
the
25
board
of
parole,
the
petroleum
underground
storage
tank
26
fund
board,
the
public
employment
relations
board,
the
state
27
racing
and
gaming
commission,
the
state
board
of
regents,
28
the
tax
review
board,
the
transportation
commission,
the
29
office
of
consumer
advocate,
the
utilities
board,
the
Iowa
30
telecommunications
and
technology
commission,
and
any
full-time
31
members
of
other
boards
and
commissions
as
defined
under
32
section
7E.4
who
receive
an
annual
salary
for
their
service
33
on
the
board
or
commission.
The
Iowa
ethics
and
campaign
34
disclosure
board
shall
conduct
an
annual
review
to
determine
35
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255
S.F.
2088
if
members
of
any
other
board,
commission,
or
authority
should
1
file
a
statement
and
shall
require
the
filing
of
a
statement
2
pursuant
to
rules
adopted
pursuant
to
chapter
17A.
3
Sec.
268.
Section
424.1,
subsections
3
through
5,
Code
2009,
4
are
amended
to
read
as
follows:
5
3.
The
director
of
revenue
shall
enter
into
a
contract
or
6
agreement
with
the
board
department
of
natural
resources
to
7
provide
assistance
requested
by
the
board
department
of
natural
8
resources
.
Policy
issues
arising
under
this
chapter
or
chapter
9
455G
shall
be
determined
by
the
board
department
of
natural
10
resources
,
and
the
board
department
of
natural
resources
shall
11
be
joined
as
a
real
party
in
interest
when
a
policy
issue
is
12
raised.
13
4.
The
board
environmental
protection
commission
shall
14
retain
rulemaking
authority,
but
may
contract
with
the
15
department
of
revenue
for
assistance
in
drafting
rules.
The
16
board
commission
shall
retain
contested
case
jurisdiction
over
17
any
challenge
to
the
diminution
rate
or
cost
factor.
The
18
department
of
revenue
shall
conduct
all
other
contested
cases
19
and
be
responsible
for
other
agency
action
in
connection
with
20
the
environmental
protection
charge
imposed
under
this
chapter.
21
5.
The
board
department
of
natural
resources
shall
22
reimburse
the
department
of
revenue
by
contract
for
the
23
reasonable
cost
of
administration
of
the
environmental
24
protection
charge
imposed
under
this
chapter
and
for
other
25
duties
delegated
to
the
department
of
revenue
or
to
the
26
director
of
revenue
by
the
board
department
of
natural
27
resources
.
28
Sec.
269.
Section
424.2,
subsection
1,
Code
2009,
is
amended
29
by
striking
the
subsection.
30
Sec.
270.
Section
424.3,
subsection
5,
Code
Supplement
31
2009,
is
amended
to
read
as
follows:
32
5.
The
cost
factor
is
an
amount
per
gallon
of
33
diminution
determined
by
the
board
department
of
natural
34
resources
pursuant
to
this
subsection.
The
board
department
35
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S.F.
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of
natural
resources
,
after
public
hearing,
shall
determine,
1
or
shall
adjust,
the
cost
factor
to
the
greater
of
either
an
2
amount
reasonably
calculated
to
generate
an
annual
average
3
revenue,
year
to
year,
of
seventeen
million
dollars
from
the
4
charge,
excluding
penalties
and
interest,
or
ten
dollars.
The
5
board
department
of
natural
resources
may
determine
or
adjust
6
the
cost
factor
at
any
time
but
shall
at
minimum
determine
the
7
cost
factor
at
least
once
each
fiscal
year.
8
Sec.
271.
Section
424.5,
subsections
1
and
5,
Code
2009,
are
9
amended
to
read
as
follows:
10
1.
It
is
unlawful
for
any
person
to
deposit
petroleum
into
11
a
tank
in
this
state,
unless
a
depositor
permit
has
been
issued
12
to
that
person
under
this
section.
A
depositor
shall
file
with
13
the
department
an
application
for
a
permit.
An
application
14
for
a
permit
shall
be
made
upon
a
form
prescribed
by
the
15
board
department
of
natural
resources
and
shall
set
forth
the
16
name
under
which
the
applicant
transacts
or
intends
to
transact
17
business,
the
location
or
locations
of
the
applicant’s
place
18
of
business,
and
any
other
information
as
the
board
department
19
of
natural
resources
may
require.
The
application
shall
20
be
signed
by
the
owner
if
a
natural
person;
in
the
case
of
21
an
association
or
partnership,
by
a
member
or
partner;
in
22
the
case
of
a
corporation,
by
an
executive
officer
or
some
23
person
specifically
authorized
by
the
corporation
to
sign
the
24
application,
to
which
shall
be
attached
the
written
evidence
of
25
the
person’s
authority.
26
5.
If
the
holder
of
a
permit
fails
to
comply
with
any
27
of
the
provisions
of
this
chapter
or
any
order
or
rule
of
28
the
department,
or
rule
of
the
environmental
protection
29
commission,
or
order
of
the
board
department
of
natural
30
resources
pursuant
to
this
chapter,
or
is
substantially
31
delinquent
in
the
payment
of
a
tax
or
charge
administered
by
32
the
department
or
the
interest
or
penalty
on
the
tax
or
charge,
33
the
director
may
revoke
the
permit.
34
Sec.
272.
Section
424.6,
subsection
1,
unnumbered
paragraph
35
-121-
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S.F.
2088
2,
Code
2009,
is
amended
to
read
as
follows:
1
The
department
shall
permit
a
credit
against
the
charge
due
2
from
a
person
operating
an
eligible
underground
bulk
storage
3
facility
equal
to
the
total
volume
of
petroleum
transferred
or
4
sold
from
a
tank
in
bulk
quantities
and
delivered
to
a
person
5
for
deposit
in
a
tank
which
is
exempt,
deferred,
or
excluded
6
pursuant
to
this
subsection,
multiplied
by
the
diminution
rate
7
multiplied
by
the
cost
factor,
subject
to
rules
adopted
by
the
8
board
environmental
protection
commission
.
“Bulk
quantities”
as
9
used
in
this
paragraph
means
at
least
a
portion
of
a
standard
10
tanker
truck
load.
“Eligible
underground
bulk
storage
facility”
11
means
an
underground
bulk
storage
facility
in
operation
on
or
12
before
January
1,
1990.
13
Sec.
273.
Section
424.6,
subsection
6,
Code
2009,
is
amended
14
to
read
as
follows:
15
6.
The
board
department
of
natural
resources
may
waive
16
the
requirement
for
an
exemption
certificate
for
one
or
more
17
classes
of
exempt,
deferred,
or
excluded
tanks,
if
in
the
18
board’s
department
of
natural
resources’
judgment
an
exemption
19
certificate
is
not
required
for
effective
and
efficient
20
collection
of
the
charge.
If
an
exemption
certificate
is
not
21
required
for
a
class
pursuant
to
this
subsection,
the
depositor
22
shall
maintain
and
file
such
records
and
information
as
may
be
23
required
by
the
director
regarding
deposits
into
a
tank
subject
24
to
the
waiver.
25
Sec.
274.
Section
424.11,
subsection
1,
paragraph
b,
Code
26
Supplement
2009,
is
amended
to
read
as
follows:
27
b.
The
environmental
protection
charge
lien
shall
attach
at
28
the
time
the
charge
becomes
due
and
payable
and
shall
continue
29
for
ten
years
from
the
time
the
lien
attaches
unless
sooner
30
released
or
otherwise
discharged.
The
lien
may
be
extended,
31
within
ten
years
from
the
date
the
lien
attaches,
by
filing
32
for
record
a
notice
with
the
appropriate
county
official
of
33
the
appropriate
county
and
from
the
time
of
such
filing,
the
34
lien
shall
be
extended
to
the
property
in
such
county
for
ten
35
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S.F.
2088
years,
unless
sooner
released
or
otherwise
discharged,
with
no
1
limit
on
the
number
of
extensions.
The
director
shall
charge
2
off
any
account
whose
lien
is
allowed
to
lapse
and
may
charge
3
off
any
account
and
release
the
corresponding
lien
before
the
4
lien
has
lapsed
if
the
director
determines
under
uniform
rules
5
adopted
by
the
board
environmental
protection
commission
that
6
the
account
is
uncollectible
or
collection
costs
involved
would
7
not
warrant
collection
of
the
amount
due.
8
Sec.
275.
Section
424.15,
unnumbered
paragraph
2,
Code
9
2009,
is
amended
to
read
as
follows:
10
Refunds
may
be
made
only
from
the
unallocated
or
uncommitted
11
moneys
in
the
road
use
tax
fund,
and
are
limited
by
the
12
total
amount
budgeted
by
the
board
department
of
natural
13
resources
for
charge
refunds.
14
Sec.
276.
Section
424.16,
subsections
1
and
2,
Code
15
Supplement
2009,
are
amended
to
read
as
follows:
16
1.
a.
The
board
department
of
natural
resources
shall
17
notify
each
person
who
has
previously
filed
an
environmental
18
protection
charge
return,
and
any
other
person
known
to
the
19
board
department
of
natural
resources
who
will
owe
the
charge
20
at
any
address
obtainable
for
that
person,
at
least
thirty
days
21
in
advance
of
the
start
of
any
calendar
quarter
during
which
an
22
administrative
change
in
the
cost
factor,
pursuant
to
section
23
424.3,
subsection
5,
becomes
effective.
24
b.
Notice
shall
be
provided
by
mailing
a
notice
of
the
25
change
to
the
address
listed
on
the
person’s
last
return.
26
The
mailing
of
the
notice
is
presumptive
evidence
of
the
27
receipt
of
the
notice
by
the
person
to
whom
addressed.
The
28
board
department
of
natural
resources
shall
also
publish
the
29
same
notice
at
least
twice
in
a
paper
of
general
circulation
30
within
the
state
at
least
thirty
days
in
advance
of
the
first
31
day
of
the
calendar
quarter
during
which
a
change
in
paragraph
32
“a”
becomes
effective.
33
2.
A
notice
authorized
or
required
under
this
section
may
34
be
given
by
mailing
the
notice
to
the
person
for
whom
it
is
35
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2088
intended,
addressed
to
that
person
at
the
address
given
in
the
1
last
return
filed
by
the
person
pursuant
to
this
chapter,
or
if
2
no
return
has
been
filed,
then
to
any
address
obtainable.
The
3
mailing
of
the
notice
is
presumptive
evidence
of
the
receipt
4
of
the
notice
by
the
person
to
whom
addressed.
Any
period
5
of
time
which
is
determined
according
to
this
chapter
by
the
6
giving
of
notice
commences
to
run
from
the
date
of
mailing
of
7
the
notice.
Neither
mailed
notice
or
notice
by
publication
8
is
required
for
the
initial
determination
and
imposition
of
9
the
charge.
The
board
department
of
natural
resources
shall
10
undertake
to
provide
reasonable
notice
of
the
environmental
11
protection
charge
and
procedures,
as
in
the
board’s
department
12
of
natural
resources’
sole
discretion
it
deems
appropriate,
13
provided
that
the
actual
charge
and
procedures
are
published
in
14
the
Iowa
administrative
bulletin
prior
to
the
effective
date
15
of
the
charge.
16
Sec.
277.
Section
427B.20,
subsection
1,
paragraph
a,
Code
17
Supplement
2009,
is
amended
to
read
as
follows:
18
a.
“Actual
portion
of
the
costs
paid
by
the
owner
or
operator
19
of
an
underground
storage
tank
in
connection
with
a
remedial
20
action
for
which
the
Iowa
comprehensive
petroleum
underground
21
storage
tank
fund
shares
in
the
cost
of
corrective
action”
means
22
the
amount
determined
by
the
fund’s
board
department
of
natural
23
resources
,
or
the
board’s
designee
of
the
department
of
natural
24
resources
,
as
the
administrator
of
the
Iowa
comprehensive
25
petroleum
underground
storage
tank
fund,
and
for
which
the
26
owner
or
operator
was
not
reimbursed
from
any
other
source.
27
Sec.
278.
Section
455B.471,
subsection
1,
Code
2009,
is
28
amended
by
striking
the
subsection.
29
Sec.
279.
Section
455B.474,
subsection
1,
paragraph
f,
30
subparagraphs
(9)
and
(10),
Code
Supplement
2009,
are
amended
31
to
read
as
follows:
32
(9)
Replacement
or
upgrade
of
a
tank
on
a
site
classified
33
as
a
high
or
low
risk
site
shall
be
equipped
with
a
secondary
34
containment
system
with
monitoring
of
the
space
between
35
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the
primary
and
secondary
containment
structures
or
other
1
board
department
approved
tank
system
or
methodology.
2
(10)
The
commission
and
the
board
shall
cooperate
to
ensure
3
that
remedial
measures
required
by
the
corrective
action
4
rules
adopted
pursuant
to
this
paragraph
are
reasonably
5
cost-effective
and
shall,
to
the
fullest
extent
possible,
avoid
6
duplicating
and
conflicting
requirements.
7
Sec.
280.
Section
455B.474,
subsection
9,
paragraph
d,
Code
8
Supplement
2009,
is
amended
to
read
as
follows:
9
d.
The
certification
of
groundwater
professionals
shall
not
10
impose
liability
on
the
board,
the
department
,
or
the
fund
for
11
any
claim
or
cause
of
action
of
any
nature,
based
on
the
action
12
or
inaction
of
a
groundwater
professional
certified
pursuant
13
to
this
subsection.
14
Sec.
281.
Section
455B.477,
subsection
7,
Code
2009,
is
15
amended
to
read
as
follows:
16
7.
The
civil
penalties
or
other
damages
or
moneys
recovered
17
by
the
state
or
the
petroleum
underground
storage
tank
fund
18
in
connection
with
a
petroleum
underground
storage
tank
under
19
this
part
of
this
division
or
chapter
455G
shall
be
credited
to
20
the
fund
created
in
section
455G.3
and
allocated
between
fund
21
accounts
according
to
the
fund
budget.
Any
federal
moneys,
22
including
but
not
limited
to
federal
underground
storage
tank
23
trust
fund
moneys,
received
by
the
state
or
the
department
of
24
natural
resources
in
connection
with
a
release
occurring
on
25
or
after
May
5,
1989,
or
received
generally
for
underground
26
storage
tank
programs
on
or
after
May
5,
1989,
shall
be
27
credited
to
the
fund
created
in
section
455G.3
and
allocated
28
between
fund
accounts
according
to
the
fund
budget,
unless
29
such
use
would
be
contrary
to
federal
law.
The
department
30
shall
cooperate
with
the
board
of
the
Iowa
comprehensive
31
petroleum
underground
storage
tank
fund
to
maximize
the
state’s
32
eligibility
for
and
receipt
of
federal
funds
for
underground
33
storage
tank
related
purposes.
34
Sec.
282.
Section
455B.479,
Code
2009,
is
amended
to
read
35
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S.F.
2088
as
follows:
1
455B.479
Storage
tank
management
fee.
2
An
owner
or
operator
of
an
underground
storage
tank
shall
3
pay
an
annual
storage
tank
management
fee
of
sixty-five
4
dollars
per
tank
of
over
one
thousand
one
hundred
gallons
5
capacity.
Twenty-three
percent
of
the
The
fees
collected
6
shall
be
deposited
in
the
storage
tank
management
account
of
7
the
groundwater
protection
fund.
Seventy-seven
percent
of
the
8
fees
collected
shall
be
deposited
in
the
Iowa
comprehensive
9
petroleum
underground
storage
tank
fund
created
in
chapter
10
455G
.
11
Sec.
283.
Section
455E.11,
subsection
2,
paragraph
d,
Code
12
Supplement
2009,
is
amended
to
read
as
follows:
13
d.
A
storage
tank
management
account.
All
fees
14
collected
pursuant
to
section
455B.473,
subsection
5,
and
15
section
455B.479,
shall
be
deposited
in
the
storage
tank
16
management
account
,
except
those
moneys
deposited
into
the
17
Iowa
comprehensive
petroleum
underground
storage
tank
fund
18
pursuant
to
section
455B.479.
Funds
.
Moneys
deposited
in
the
19
account
shall
be
expended
for
the
following
purposes:
20
(1)
One
thousand
dollars
is
appropriated
annually
to
the
21
Iowa
department
of
public
health
to
carry
out
departmental
22
duties
under
section
135.11,
subsections
19
and
20,
and
section
23
139A.21.
24
(2)
Twenty-three
percent
of
the
proceeds
of
the
fees
25
imposed
pursuant
to
section
455B.473,
subsection
5,
and
26
section
455B.479
shall
be
deposited
in
the
account
annually,
27
up
to
a
maximum
of
three
hundred
fifty
thousand
dollars.
If
28
twenty-three
percent
of
the
proceeds
exceeds
three
hundred
29
fifty
thousand
dollars,
the
excess
shall
be
deposited
into
the
30
fund
created
in
section
455G.3.
Three
hundred
fifty
thousand
31
dollars
is
The
moneys
remaining
in
the
account
after
the
32
appropriation
in
subparagraph
(1)
are
appropriated
from
the
33
storage
tank
management
account
to
the
department
of
natural
34
resources
for
the
administration
of
a
state
storage
tank
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program
pursuant
to
chapter
455B,
division
IV,
part
8,
and
for
1
programs
which
reduce
the
potential
for
harm
to
the
environment
2
and
the
public
health
from
storage
tanks.
3
(3)
The
remaining
funds
in
the
account
are
appropriated
4
annually
to
the
Iowa
comprehensive
petroleum
underground
5
storage
tank
fund.
6
Sec.
284.
Section
455G.1,
subsection
2,
paragraph
c,
Code
7
Supplement
2009,
is
amended
to
read
as
follows:
8
c.
If
and
when
federal
law
changes,
the
department
9
of
natural
resources
commission
shall
adopt
by
rule
10
such
additional
requirements,
exemptions,
deferrals,
or
11
exclusions
as
required
by
federal
law.
It
is
expected
that
12
certain
classes
of
tanks
currently
exempted
or
excluded
by
13
federal
regulation
will
be
regulated
by
the
United
States
14
environmental
protection
agency
in
the
future.
A
tank
15
which
is
not
required
by
federal
law
to
maintain
proof
of
16
financial
responsibility
shall
not
be
subject
to
department
17
of
natural
resources
commission
rules
on
proof
of
financial
18
responsibility.
19
Sec.
285.
Section
455G.2,
subsection
1,
Code
2009,
is
20
amended
by
striking
the
subsection.
21
Sec.
286.
Section
455G.2,
subsections
2,
5,
6,
and
12,
Code
22
2009,
are
amended
to
read
as
follows:
23
2.
“Board”
means
the
Iowa
comprehensive
petroleum
24
underground
storage
tank
fund
board.
25
5.
“Community
remediation”
means
a
program
of
coordinated
26
testing,
planning,
or
remediation,
involving
two
or
more
tank
27
sites
potentially
connected
with
a
continuous
contaminated
28
area,
pursuant
to
rules
adopted
by
the
board
commission
.
A
29
community
remediation
does
not
expand
the
scope
of
coverage
30
otherwise
available
or
relieve
liability
otherwise
imposed
31
under
state
or
federal
law.
32
6.
“Corrective
action”
means
an
action
taken
to
minimize,
33
eliminate,
or
clean
up
a
release
to
protect
the
public
34
health
and
welfare
or
the
environment.
Corrective
action
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includes
,
but
is
not
limited
to
,
excavation
of
an
underground
1
storage
tank
for
the
purposes
of
repairing
a
leak
or
removal
2
of
a
tank,
removal
of
contaminated
soil,
and
cleansing
of
3
groundwaters
or
surface
waters.
Corrective
action
does
4
not
include
replacement
of
an
underground
storage
tank
or
5
other
capital
improvements
to
the
tank.
Corrective
action
6
specifically
excludes
third-party
liability.
Corrective
action
7
includes
the
expenses
incurred
to
prepare
a
site
cleanup
report
8
for
approval
by
the
department
of
natural
resources
detailing
9
the
planned
response
to
a
release
or
suspected
release,
but
not
10
necessarily
all
actions
proposed
to
be
taken
by
a
site
cleanup
11
report.
12
12.
“Insurance”
includes
any
form
of
financial
assistance
13
or
showing
of
financial
responsibility
sufficient
to
comply
14
with
the
federal
Resource
Conservation
and
Recovery
Act
or
the
15
Iowa
department
of
natural
resources’
department’s
underground
16
storage
tank
financial
responsibility
rules.
17
Sec.
287.
Section
455G.2,
subsection
3,
Code
2009,
is
18
amended
to
read
as
follows:
19
3.
“Bond”
means
a
bond,
note,
or
other
obligation
issued
by
20
the
authority
treasurer
of
state
for
the
fund
and
the
purposes
21
of
this
chapter.
22
Sec.
288.
Section
455G.2,
Code
2009,
is
amended
by
adding
23
the
following
new
subsections:
24
NEW
SUBSECTION
.
4A.
“Commission”
means
the
environmental
25
protection
commission
created
pursuant
to
section
455A.6.
26
NEW
SUBSECTION
.
6A.
“Department”
means
the
department
of
27
natural
resources
created
pursuant
to
section
455A.2.
28
Sec.
289.
Section
455G.3,
subsections
1,
2,
and
5,
Code
29
2009,
are
amended
to
read
as
follows:
30
1.
The
Iowa
comprehensive
petroleum
underground
storage
31
tank
fund
is
created
as
a
separate
fund
in
the
state
treasury,
32
and
any
funds
remaining
in
the
fund
at
the
end
of
each
fiscal
33
year
shall
not
revert
to
the
general
fund
but
shall
remain
34
in
the
Iowa
comprehensive
petroleum
underground
storage
tank
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fund.
Interest
or
other
income
earned
by
the
fund
shall
1
be
deposited
in
the
fund.
The
fund
shall
include
moneys
2
credited
to
the
fund
under
this
section,
section
321.145,
3
subsection
2,
paragraph
“a”
,
and
sections
455G.8
and
455G.9,
4
and
section
455G.11,
Code
2003,
and
other
funds
which
by
5
law
may
be
credited
to
the
fund.
The
moneys
in
the
fund
are
6
appropriated
to
and
for
the
purposes
of
the
board
department
as
7
provided
in
this
chapter.
Amounts
in
the
fund
shall
not
be
8
subject
to
appropriation
for
any
other
purpose
by
the
general
9
assembly,
but
shall
be
used
only
for
the
purposes
set
forth
10
in
this
chapter.
The
treasurer
of
state
department
shall
act
11
as
custodian
of
the
fund
and
disburse
amounts
contained
in
12
it
as
directed
by
the
board
department
including
automatic
13
disbursements
of
funds
as
received
pursuant
to
the
terms
of
14
bond
indentures
and
documents
and
security
provisions
to
15
trustees
and
custodians.
The
treasurer
of
state
department
is
16
authorized
to
invest
the
funds
deposited
in
the
fund
at
17
the
direction
of
the
board
department
and
subject
to
any
18
limitations
contained
in
any
applicable
bond
proceedings.
19
The
income
from
such
investment
shall
be
credited
to
and
20
deposited
in
the
fund.
The
fund
shall
be
administered
by
21
the
board
department
which
shall
make
expenditures
from
the
22
fund
consistent
with
the
purposes
of
the
programs
set
out
in
23
this
chapter
without
further
appropriation.
The
fund
may
be
24
divided
into
different
accounts
with
different
depositories
as
25
determined
by
the
board
department
and
to
fulfill
the
purposes
26
of
this
chapter.
27
2.
The
board
department
shall
assist
Iowa’s
owners
and
28
operators
of
petroleum
underground
storage
tanks
in
complying
29
with
federal
environmental
protection
agency
technical
and
30
financial
responsibility
regulations
by
establishment
of
the
31
Iowa
comprehensive
petroleum
underground
storage
tank
fund.
32
The
authority
treasurer
of
state
may
issue
its
bonds,
or
series
33
of
bonds,
to
assist
the
board
department
,
as
provided
in
this
34
chapter.
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5.
For
purposes
of
payment
of
refunds
of
the
environmental
1
protection
charge
under
section
424.15
by
the
department
2
of
revenue,
the
treasurer
of
state
department
of
natural
3
resources
shall
allocate
to
the
department
of
administrative
4
services
the
total
amount
budgeted
by
the
fund’s
5
board
department
of
natural
resources
for
environmental
6
protection
charge
refunds.
Any
unused
funds
shall
be
remitted
7
to
the
treasurer
of
state
department
of
natural
resources
.
8
Sec.
290.
Section
455G.4,
Code
Supplement
2009,
is
amended
9
to
read
as
follows:
10
455G.4
Governing
board
Duties
.
11
1.
Members
of
the
board.
12
a.
The
Iowa
comprehensive
petroleum
underground
storage
tank
13
fund
board
is
established
consisting
of
the
following
members:
14
(1)
The
director
of
the
department
of
natural
resources,
or
15
the
director’s
designee.
16
(2)
The
treasurer
of
state,
or
the
treasurer’s
designee.
17
(3)
The
commissioner
of
insurance,
or
the
commissioner’s
18
designee.
19
(4)
Two
public
members
appointed
by
the
governor
and
20
confirmed
by
the
senate
to
staggered
four-year
terms,
except
21
that,
of
the
first
members
appointed,
one
public
member
shall
22
be
appointed
for
a
term
of
two
years
and
one
for
a
term
of
four
23
years.
A
public
member
shall
have
experience,
knowledge,
and
24
expertise
of
the
subject
matter
embraced
within
this
chapter
.
25
Two
public
members
shall
be
appointed
with
experience
in
26
either,
or
both,
financial
markets
or
insurance.
27
(5)
Two
owners
or
operators
appointed
by
the
governor.
28
One
of
the
owners
or
operators
appointed
pursuant
to
this
29
subparagraph
shall
have
been
a
petroleum
systems
insured
30
through
the
underground
storage
tank
insurance
fund
as
it
31
existed
on
June
30,
2004,
or
a
successor
to
the
underground
32
storage
tank
insurance
fund
and
shall
have
been
an
insured
33
through
the
insurance
account
of
the
comprehensive
petroleum
34
underground
storage
tank
fund
on
or
before
October
26,
1990.
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One
of
the
owners
or
operators
appointed
pursuant
to
this
1
subparagraph
shall
be
self-insured.
2
(6)
The
director
of
the
legislative
services
agency,
or
3
the
director’s
designee.
The
director
under
this
subparagraph
4
shall
not
participate
as
a
voting
member
of
the
board.
5
b.
A
public
member
appointed
pursuant
to
paragraph
“a”
,
6
subparagraph
(4),
shall
not
have
a
conflict
of
interest.
For
7
purposes
of
this
section
,
a
“conflict
of
interest”
means
an
8
affiliation,
within
the
twelve
months
before
the
member’s
9
appointment,
with
the
regulated
tank
community,
or
with
a
10
person
or
property
and
casualty
insurer
offering
competitive
11
insurance
or
other
means
of
financial
assurance
or
which
12
previously
offered
environmental
hazard
insurance
for
a
member
13
of
the
regulated
tank
community.
14
c.
The
filling
of
positions
reserved
for
public
15
representatives,
vacancies,
membership
terms,
payment
of
16
compensation
and
expenses,
and
removal
of
members
are
governed
17
by
chapter
69
.
Members
of
the
board
are
entitled
to
receive
18
reimbursement
of
actual
expenses
incurred
in
the
discharge
of
19
their
duties
within
the
limits
of
funds
appropriated
to
the
20
board
or
made
available
to
the
fund.
Each
member
of
the
board
21
may
also
be
eligible
to
receive
compensation
as
provided
in
22
section
7E.6
.
The
members
shall
elect
a
voting
chairperson
of
23
the
board
from
among
the
members
of
the
board.
24
2.
Department
cooperation
with
board.
The
director
of
25
the
department
of
natural
resources
shall
cooperate
with
the
26
board
in
the
implementation
of
this
part
so
as
to
minimize
27
unnecessary
duplication
of
effort,
reporting,
or
paperwork
and
28
maximize
environmental
protection.
29
3.
Rules
and
emergency
rules.
30
1.
a.
The
board
commission
shall
adopt
rules
regarding
31
its
practice
and
procedures,
develop
underwriting
standards,
32
establish
procedures
for
investigating
and
settling
claims
made
33
against
the
fund,
and
otherwise
implement
and
administer
this
34
chapter.
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b.
Rules
necessary
for
the
implementation
and
collection
of
1
the
environmental
protection
charge
shall
be
adopted.
2
c.
Rules
to
facilitate
and
encourage
the
use
of
community
3
remediation
whenever
possible
shall
be
adopted.
4
d.
The
board
commission
shall
adopt
rules
relating
to
5
appeal
procedures
which
shall
require
the
administrator
to
6
deliver
notice
of
appeal
to
be
delivered
to
the
affected
7
parties
within
fifteen
days
of
receipt
of
notice,
require
8
that
the
hearing
be
held
within
one
hundred
eighty
days
of
9
the
filing
of
the
petition
unless
good
cause
is
shown
for
10
the
delay,
and
require
that
a
final
decision
be
issued
no
11
later
than
one
hundred
twenty
days
following
the
close
of
the
12
hearing.
The
time
restrictions
in
this
paragraph
may
be
waived
13
by
mutual
agreement
of
the
parties.
14
4.
Public
bid.
15
2.
All
contracts
entered
into
by
the
board
department
,
16
including
contracts
relating
to
community
remediation,
shall
be
17
awarded
on
a
competitive
basis
to
the
maximum
extent
practical.
18
In
those
situations
where
it
is
determined
that
public
19
bidding
is
not
practical,
the
basis
for
the
determination
of
20
impracticability
shall
be
documented
by
the
board
department
or
21
its
designee.
This
subsection
applies
only
to
contracts
22
entered
into
on
or
after
July
1,
1992.
23
5.
Contract
approval.
24
3.
a.
The
board
commission
shall
approve
any
contract
25
entered
into
pursuant
to
this
chapter
if
the
cost
of
the
26
contract
exceeds
seventy-five
thousand
dollars.
27
b.
A
listing
of
all
contracts
entered
into
pursuant
to
this
28
chapter
shall
be
presented
at
each
board
commission
meeting
29
and
shall
be
made
available
to
the
public.
The
listing
shall
30
state
the
interested
parties
to
the
contract,
the
amount
of
the
31
contract,
and
the
subject
matter
of
the
contract.
32
c.
The
board
commission
shall
be
required
to
review
and
33
approve
or
disapprove
the
administrator’s
department’s
failure
34
to
approve
a
contract
under
section
455G.12A.
Review
by
the
35
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board
commission
shall
not
be
required
for
cancellation
or
1
replacement
of
a
contract
for
a
site
included
in
a
community
2
remediation
project
or
when
an
emergency
situation
exists.
3
6.
Reporting.
4
4.
Beginning
July
2003,
the
board
department
shall
submit
5
a
written
report
quarterly
to
the
legislative
council,
the
6
chairperson
and
ranking
member
of
the
committee
on
environment
7
and
energy
independence
in
the
senate,
and
the
chairperson
8
and
ranking
member
of
the
committee
on
environmental
9
protection
in
the
house
of
representatives
regarding
changes
10
in
the
status
of
the
program
including
but
not
limited
to
11
the
number
of
open
claims
by
claim
type;
the
number
of
new
12
claims
submitted
and
the
eligibility
status
of
each
claim;
13
a
summary
of
the
risk
classification
of
open
claims;
the
14
status
of
all
claims
at
high-risk
sites
including
the
number
15
of
corrective
action
design
reports
submitted,
approved,
and
16
implemented
during
the
reporting
period;
total
moneys
reserved
17
on
open
claims
and
total
moneys
paid
on
open
claims;
and
a
18
summary
of
budgets
approved
and
invoices
paid
for
high-risk
19
site
activities
including
a
breakdown
by
corrective
action
20
design
report,
construction
and
equipment,
implementation,
21
operation
and
maintenance,
monitoring,
over
excavation,
free
22
product
recovery,
site
reclassification,
reporting
and
other
23
expenses,
or
a
similar
breakdown.
In
each
report
submitted
24
by
the
board
department
,
the
board
department
shall
include
25
an
estimated
timeline
to
complete
corrective
action
at
all
26
currently
eligible
high-risk
sites
where
a
corrective
action
27
design
report
has
been
submitted
by
a
claimant
and
approved
28
during
the
reporting
period.
The
timeline
shall
include
the
29
projected
year
when
a
no
further
action
designation
will
be
30
obtained
based
upon
the
corrective
action
activities
approved
31
or
anticipated
at
each
claimant
site.
The
timeline
shall
be
32
broken
down
in
annual
increments
with
the
number
or
percentage
33
of
sites
projected
to
be
completed
for
each
time
period.
The
34
report
shall
identify
and
report
steps
taken
to
expedite
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corrective
action
and
eliminate
the
state’s
liability
for
open
1
claims.
2
Sec.
291.
Section
455G.5,
Code
2009,
is
amended
to
read
as
3
follows:
4
455G.5
Independent
contractors
to
be
retained
by
5
board
department
.
6
The
board
shall
administer
the
fund.
A
contract
entered
7
into
on
or
after
July
1,
1992,
to
retain
a
person
to
act
as
the
8
administrator
of
the
fund
shall
be
subject
to
public
bid.
All
9
other
contracts
to
retain
a
person
under
this
section
shall
be
10
in
compliance
with
the
public
bidding
requirements
of
section
11
455G.4,
subsection
4
.
12
The
board
department
may
enter
into
a
contract
or
an
13
agreement
authorized
under
chapter
28E
with
a
private
agency
14
or
person,
the
department
of
natural
resources,
the
Iowa
15
finance
authority,
the
department
of
administrative
services,
16
the
department
of
revenue,
other
departments,
agencies,
or
17
governmental
subdivisions
of
this
state,
another
state,
or
18
the
United
States,
in
connection
with
its
administration
and
19
implementation
of
this
chapter
or
chapter
424
or
455B.
20
The
board
department
may
reimburse
a
contractor,
public
21
or
private,
retained
pursuant
to
this
section
for
expenses
22
incurred
in
the
execution
of
a
contract
or
agreement.
23
Reimbursable
expenses
include,
by
way
of
example,
but
not
24
exclusion,
the
costs
of
collecting
the
environmental
protection
25
charge
or
administering
specific
delegated
duties
or
powers
of
26
the
board
department
.
27
Sec.
292.
Section
455G.6,
unnumbered
paragraph
1,
Code
28
Supplement
2009,
is
amended
to
read
as
follows:
29
In
administering
the
fund,
the
board
department
has
all
of
30
the
general
powers
reasonably
necessary
and
convenient
to
carry
31
out
its
purposes
and
duties
and
may
do
any
of
the
following,
32
subject
to
express
limitations
contained
in
this
chapter:
33
Sec.
293.
Section
455G.6,
subsections
1,
7,
8,
9,
10,
12,
34
15,
16,
and
17,
Code
Supplement
2009,
are
amended
to
read
as
35
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follows:
1
1.
Guarantee
secured
and
unsecured
loans,
and
enter
into
2
agreements
for
corrective
action,
acquisition
and
construction
3
of
tank
improvements,
and
provide
for
the
insurance
program.
4
The
loan
guarantees
may
be
made
to
a
person
or
entity
owning
5
or
operating
a
tank.
The
board
department
may
take
any
action
6
which
is
reasonable
and
lawful
to
protect
its
security
and
to
7
avoid
losses
from
its
loan
guarantees.
8
7.
The
board
department
may
contract
with
the
9
authority
treasurer
of
state
for
the
authority
treasurer
of
10
state
to
issue
bonds
and
do
all
things
necessary
with
respect
11
to
the
purposes
of
the
fund,
as
set
out
in
the
contract
between
12
the
board
department
and
the
authority
treasurer
of
state
.
13
The
board
department
may
delegate
to
the
authority
treasurer
14
of
state
and
the
authority
treasurer
of
state
shall
then
15
have
all
of
the
powers
of
the
board
department
which
are
16
necessary
to
issue
and
secure
bonds
and
carry
out
the
17
purposes
of
the
fund,
to
the
extent
provided
in
the
contract
18
between
the
board
department
and
the
authority
treasurer
19
of
state
.
The
authority
treasurer
of
state
may
issue
the
20
authority’s
treasurer
of
state’s
bonds
in
principal
amounts
21
which,
in
the
opinion
of
the
board
department
,
are
necessary
to
22
provide
sufficient
funds
for
the
fund,
the
payment
of
interest
23
on
the
bonds,
the
establishment
of
reserves
to
secure
the
24
bonds,
the
costs
of
issuance
of
the
bonds,
other
expenditures
25
of
the
authority
treasurer
of
state
incident
to
and
necessary
26
or
convenient
to
carry
out
the
bond
issue
for
the
fund,
and
27
all
other
expenditures
of
the
board
department
necessary
or
28
convenient
to
administer
the
fund.
The
bonds
are
investment
29
securities
and
negotiable
instruments
within
the
meaning
of
and
30
for
purposes
of
the
uniform
commercial
code,
chapter
554.
31
8.
Bonds
issued
under
this
section
are
payable
solely
32
and
only
out
of
the
moneys,
assets,
or
revenues
of
the
fund,
33
all
of
which
may
be
deposited
with
trustees
or
depositories
34
in
accordance
with
bond
or
security
documents
and
pledged
35
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by
the
board
department
to
the
payment
thereof,
and
are
not
1
an
indebtedness
of
this
state
or
the
authority
,
or
a
charge
2
against
the
general
credit
or
general
fund
of
the
state
or
the
3
authority
,
and
the
state
shall
not
be
liable
for
any
financial
4
undertakings
with
respect
to
the
fund.
Bonds
issued
under
5
this
chapter
shall
contain
on
their
face
a
statement
that
the
6
bonds
do
not
constitute
an
indebtedness
of
the
state
or
the
7
authority
.
8
9.
The
proceeds
of
bonds
issued
by
the
authority
treasurer
9
of
state
and
not
required
for
immediate
disbursement
may
be
10
deposited
with
a
trustee
or
depository
as
provided
in
the
11
bond
documents
and
invested
in
any
investment
approved
by
12
the
authority
treasurer
of
state
and
specified
in
the
trust
13
indenture,
resolution,
or
other
instrument
pursuant
to
which
14
the
bonds
are
issued
without
regard
to
any
limitation
otherwise
15
provided
by
law.
16
10.
The
bonds
shall
be:
17
a.
In
a
form,
issued
in
denominations,
executed
in
a
manner,
18
and
payable
over
terms
and
with
rights
of
redemption,
and
be
19
subject
to
such
other
terms
and
conditions
as
prescribed
in
the
20
trust
indenture,
resolution,
or
other
instrument
authorizing
21
their
issuance.
22
b.
Negotiable
instruments
under
the
laws
of
the
state
and
23
may
be
sold
at
prices,
at
public
or
private
sale,
and
in
a
24
manner,
as
prescribed
by
the
authority
treasurer
of
state
.
25
Chapters
73A,
74,
74A
and
75
do
not
apply
to
their
sale
or
26
issuance
of
the
bonds.
27
c.
Subject
to
the
terms,
conditions,
and
covenants
providing
28
for
the
payment
of
the
principal,
redemption
premiums,
if
29
any,
interest,
and
other
terms,
conditions,
covenants,
and
30
protective
provisions
safeguarding
payment,
not
inconsistent
31
with
this
chapter
and
as
determined
by
the
trust
indenture,
32
resolution,
or
other
instrument
authorizing
their
issuance.
33
12.
Bonds
must
be
authorized
by
a
trust
indenture,
34
resolution,
or
other
instrument
of
the
authority
treasurer
of
35
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2088
state
,
approved
by
the
board
department
.
However,
a
trust
1
indenture,
resolution,
or
other
instrument
authorizing
the
2
issuance
of
bonds
may
delegate
to
an
officer
of
the
issuer
the
3
power
to
negotiate
and
fix
the
details
of
an
issue
of
bonds.
4
15.
a.
Subject
to
the
terms
of
any
bond
documents,
moneys
5
in
the
fund
or
fund
accounts
may
be
expended
for
administration
6
expenses,
civil
penalties,
moneys
paid
under
an
agreement,
7
stipulation,
or
settlement,
for
the
costs
associated
with
sites
8
within
a
community
remediation
project,
for
costs
related
to
9
contracts
entered
into
with
a
state
agency
or
university,
costs
10
for
activities
relating
to
litigation,
or
for
the
costs
of
any
11
other
activities
as
the
board
department
may
determine
are
12
necessary
and
convenient
to
facilitate
compliance
with
and
13
to
implement
the
intent
of
federal
laws
and
regulations
and
14
this
chapter.
For
purposes
of
this
chapter
,
administration
15
expenses
include
expenses
incurred
by
the
underground
storage
16
tank
section
of
the
department
of
natural
resources
in
relation
17
to
tanks
regulated
under
this
chapter
.
Moneys
in
the
fund
18
or
fund
accounts
shall
not
be
expended
by
the
department
for
19
administrative
expenses.
20
b.
The
authority
granted
under
this
subsection
which
allows
21
the
board
department
to
expend
fund
moneys
on
an
activity
22
the
board
department
determines
is
necessary
and
convenient
23
to
facilitate
compliance
with
and
to
implement
the
intent
of
24
federal
laws
and
regulations
and
this
chapter,
shall
only
be
25
used
in
accordance
with
the
following:
26
(1)
Prior
board
department
approval
shall
be
required
27
before
expenditure
of
moneys
pursuant
to
this
authority
shall
28
be
made.
29
(2)
If
the
expenditure
of
fund
moneys
pursuant
to
this
30
authority
would
result
in
the
board
department
establishing
31
a
policy
which
would
substantially
affect
the
operation
32
of
the
program,
rules
shall
be
adopted
by
the
33
commission
pursuant
to
chapter
17A
prior
to
the
board
34
or
the
administrator
department
taking
any
action
pursuant
to
35
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this
proposed
policy.
1
16.
The
board
shall
cooperate
with
the
department
of
2
natural
resources
,
in
the
implementation
and
administration
3
of
this
chapter
to
,
shall
assure
that
in
combination
with
4
existing
state
statutes
and
rules
governing
underground
storage
5
tanks,
the
state
will
be,
and
continue
to
be,
recognized
by
6
the
federal
government
as
having
an
“approved
state
account”
7
under
the
federal
Resource
Conservation
and
Recovery
Act,
8
especially
by
compliance
with
the
Act’s
subtitle
I
financial
9
responsibility
requirements
as
enacted
in
the
federal
Superfund
10
Amendments
and
Reauthorization
Act
of
1986
and
the
financial
11
responsibility
regulations
adopted
by
the
United
States
12
environmental
protection
agency
at
40
C.F.R.
pts.
280
and
281.
13
Whenever
possible
this
chapter
shall
be
interpreted
to
further
14
the
purposes
of,
and
to
comply,
and
not
to
conflict,
with
such
15
federal
requirements.
16
17.
The
board
commission
may
adopt
rules
pursuant
to
17
chapter
17A
providing
for
the
transfer
of
all
or
a
portion
18
of
the
liabilities
of
the
board
department
under
this
19
chapter.
Notwithstanding
other
provisions
to
the
contrary,
20
the
board
department
,
upon
such
transfer,
shall
not
maintain
21
any
duty
to
reimburse
claimants
under
this
chapter
for
those
22
liabilities
transferred.
23
Sec.
294.
Section
455G.7,
Code
Supplement
2009,
is
amended
24
to
read
as
follows:
25
455G.7
Security
for
bonds
——
capital
reserve
fund
——
26
irrevocable
contracts.
27
1.
For
the
purpose
of
securing
one
or
more
issues
of
28
bonds
for
the
fund,
the
authority
treasurer
of
state
,
with
29
the
approval
of
the
board
department
,
may
authorize
the
30
establishment
of
one
or
more
special
funds,
called
“capital
31
reserve
funds”
.
The
authority
treasurer
of
state
may
pay
32
into
the
capital
reserve
funds
the
proceeds
of
the
sale
of
33
its
bonds
and
other
money
which
may
be
made
available
to
34
the
authority
treasurer
of
state
from
other
sources
for
the
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purposes
of
the
capital
reserve
funds.
Except
as
provided
in
1
this
section,
money
in
a
capital
reserve
fund
shall
be
used
2
only
as
required
for
any
of
the
following:
3
a.
The
payment
of
the
principal
of
and
interest
on
bonds
or
4
of
the
sinking
fund
payments
with
respect
to
those
bonds.
5
b.
The
purchase
or
redemption
of
the
bonds.
6
c.
The
payment
of
a
redemption
premium
required
to
be
paid
7
when
the
bonds
are
redeemed
before
maturity.
8
However,
money
in
a
capital
reserve
fund
shall
not
be
9
withdrawn
if
the
withdrawal
would
reduce
the
amount
in
the
10
capital
reserve
fund
to
less
than
the
capital
reserve
fund
11
requirement,
except
for
the
purpose
of
making
payment,
when
12
due,
of
principal,
interest,
redemption
premiums
on
the
bonds,
13
and
making
sinking
fund
payments
when
other
money
pledged
to
14
the
payment
of
the
bonds
is
not
available
for
the
payments.
15
Income
or
interest
earned
by,
or
increment
to,
a
capital
16
reserve
fund
from
the
investment
of
all
or
part
of
the
capital
17
reserve
fund
may
be
transferred
by
the
authority
treasurer
of
18
state
to
other
accounts
of
the
fund
if
the
transfer
does
not
19
reduce
the
amount
of
the
capital
reserve
fund
below
the
capital
20
reserve
fund
requirement.
21
2.
If
the
authority
treasurer
of
state
decides
to
issue
22
bonds
secured
by
a
capital
reserve
fund,
the
bonds
shall
not
be
23
issued
if
the
amount
in
the
capital
reserve
fund
is
less
than
24
the
capital
reserve
fund
requirement,
unless
at
the
time
of
25
issuance
of
the
bonds
the
authority
treasurer
of
state
deposits
26
in
the
capital
reserve
fund
from
the
proceeds
of
the
bonds
to
27
be
issued
or
from
other
sources,
an
amount
which,
together
with
28
the
amount
then
in
the
capital
reserve
fund,
is
not
less
than
29
the
capital
reserve
fund
requirement.
30
3.
In
computing
the
amount
of
a
capital
reserve
fund
for
the
31
purpose
of
this
section,
securities
in
which
all
or
a
portion
32
of
the
capital
reserve
fund
is
invested
shall
be
valued
by
a
33
reasonable
method
established
by
the
authority
treasurer
of
34
state
.
Valuation
shall
include
the
amount
of
interest
earned
35
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or
accrued
as
of
the
date
of
valuation.
1
4.
In
this
section,
“capital
reserve
fund
requirement”
means
2
the
amount
required
to
be
on
deposit
in
the
capital
reserve
3
fund
as
of
the
date
of
computation.
4
5.
To
assure
maintenance
of
the
capital
reserve
funds,
5
the
authority
treasurer
of
state
shall,
on
or
before
July
1
6
of
each
calendar
year,
make
and
deliver
to
the
governor
the
7
authority’s
treasurer
of
state’s
certificate
stating
the
sum,
8
if
any,
required
to
restore
each
capital
reserve
fund
to
the
9
capital
reserve
fund
requirement
for
that
fund.
Within
thirty
10
days
after
the
beginning
of
the
session
of
the
general
assembly
11
next
following
the
delivery
of
the
certificate,
the
governor
12
may
submit
to
both
houses
printed
copies
of
a
budget
including
13
the
sum,
if
any,
required
to
restore
each
capital
reserve
fund
14
to
the
capital
reserve
fund
requirement
for
that
fund.
Any
15
sums
appropriated
by
the
general
assembly
and
paid
to
the
16
authority
treasurer
of
state
pursuant
to
this
section
shall
be
17
deposited
in
the
applicable
capital
reserve
fund.
18
6.
All
amounts
paid
by
the
state
pursuant
to
this
section
19
shall
be
considered
advances
by
the
state
and,
subject
to
the
20
rights
of
the
holders
of
any
bonds
of
the
authority
treasurer
21
of
state
that
have
previously
been
issued
or
will
be
issued,
22
shall
be
repaid
to
the
state
without
interest
from
all
23
available
revenues
of
the
fund
in
excess
of
amounts
required
24
for
the
payment
of
bonds
of
the
authority
treasurer
of
state
,
25
the
capital
reserve
fund,
and
operating
expenses.
26
7.
If
any
amount
deposited
in
a
capital
reserve
fund
is
27
withdrawn
for
payment
of
principal,
premium,
or
interest
on
28
the
bonds
or
sinking
fund
payments
with
respect
to
bonds
29
thus
reducing
the
amount
of
that
fund
to
less
than
the
30
capital
reserve
fund
requirement,
the
authority
treasurer
of
31
state
shall
immediately
notify
the
governor
and
the
general
32
assembly
of
this
event
and
shall
take
steps
to
restore
the
33
capital
reserve
fund
to
the
capital
reserve
fund
requirement
34
for
that
fund
from
any
amounts
designated
as
being
available
35
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for
such
purpose.
1
Sec.
295.
Section
455G.8,
unnumbered
paragraph
1,
Code
2
2009,
is
amended
to
read
as
follows:
3
Revenue
for
the
fund
shall
include
,
but
is
not
limited
4
to
,
the
following,
which
shall
be
deposited
with
the
5
board
department
or
its
designee
as
provided
by
any
bond
or
6
security
documents
and
credited
to
the
fund:
7
Sec.
296.
Section
455G.8,
subsection
2,
Code
2009,
is
8
amended
to
read
as
follows:
9
2.
Statutory
allocations
fund.
The
moneys
credited
from
the
10
statutory
allocations
fund
under
section
321.145,
subsection
11
2,
paragraph
“a”
,
shall
be
allocated,
consistent
with
this
12
chapter,
among
the
fund’s
accounts,
for
debt
service
and
other
13
fund
expenses,
according
to
the
fund
budget,
resolution,
trust
14
agreement,
or
other
instrument
prepared
or
entered
into
by
15
the
board
department
or
authority
treasurer
of
state
under
16
direction
of
the
board
department
.
17
Sec.
297.
Section
455G.8,
subsection
3,
Code
2009,
is
18
amended
by
striking
the
subsection.
19
Sec.
298.
Section
455G.9,
subsection
1,
paragraph
a,
20
subparagraph
(1),
unnumbered
paragraph
1,
Code
2009,
is
amended
21
to
read
as
follows:
22
Corrective
action
for
an
eligible
release
reported
to
the
23
department
of
natural
resources
on
or
after
July
1,
1987,
but
24
prior
to
May
5,
1989.
Third-party
liability
is
specifically
25
excluded
from
remedial
account
coverage.
For
a
claim
for
a
26
release
under
this
subparagraph,
the
remedial
program
shall
pay
27
in
accordance
with
subsection
4.
For
a
release
to
be
eligible
28
for
coverage
under
this
subparagraph
the
following
conditions
29
must
be
satisfied:
30
Sec.
299.
Section
455G.9,
subsection
1,
paragraph
a,
31
subparagraph
(1),
subparagraph
division
(c),
Code
2009,
is
32
amended
to
read
as
follows:
33
(c)
The
claim
for
coverage
pursuant
to
this
subparagraph
34
must
have
been
filed
with
the
board
department
prior
to
January
35
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2088
31,
1990,
except
that
cities
and
counties
must
have
filed
their
1
claim
with
the
board
by
September
1,
1990.
2
Sec.
300.
Section
455G.9,
subsection
1,
paragraph
a,
3
subparagraph
(1),
subparagraph
division
(d),
Code
2009,
is
4
amended
to
read
as
follows:
5
(d)
The
owner
or
operator
at
the
time
the
release
was
6
reported
to
the
department
of
natural
resources
must
have
been
7
in
compliance
with
then
current
monitoring
requirements,
if
8
any,
or
must
have
been
in
the
process
of
compliance
efforts
9
with
anticipated
requirements,
including
installation
of
10
monitoring
devices,
a
new
tank,
tank
improvements
or
retrofit,
11
or
any
combination.
12
Sec.
301.
Section
455G.9,
subsection
1,
paragraph
a,
13
subparagraph
(2),
Code
2009,
is
amended
to
read
as
follows:
14
(2)
Corrective
action,
up
to
one
million
dollars
total,
15
and
subject
to
prioritization
rules
as
established
pursuant
to
16
section
455G.12A,
for
a
release
reported
to
the
department
of
17
natural
resources
after
May
5,
1989,
and
on
or
before
October
18
26,
1990.
Third-party
liability
is
specifically
excluded
19
from
remedial
account
coverage.
Corrective
action
coverage
20
provided
pursuant
to
this
paragraph
may
be
aggregated
with
21
other
financial
assurance
mechanisms
as
permitted
by
federal
22
law
to
satisfy
required
aggregate
and
per
occurrence
limits
23
of
financial
responsibility
for
both
corrective
action
and
24
third-party
liability,
if
the
owner’s
or
operator’s
effective
25
financial
responsibility
compliance
date
is
prior
to
October
26
26,
1990.
School
districts
who
reported
a
release
to
the
27
department
of
natural
resources
prior
to
December
1,
1990,
28
shall
have
until
July
1,
1991,
to
report
a
claim
to
the
29
board
for
remedial
coverage
under
this
subparagraph.
30
Sec.
302.
Section
455G.9,
subsection
1,
paragraph
a,
31
subparagraph
(3),
unnumbered
paragraph
1,
Code
2009,
is
amended
32
to
read
as
follows:
33
Corrective
action
for
an
eligible
release
reported
to
34
the
department
of
natural
resources
on
or
after
January
1,
35
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2088
1984,
but
prior
to
July
1,
1987.
Third-party
liability
is
1
specifically
excluded
from
remedial
account
coverage.
For
2
a
claim
for
a
release
under
this
subparagraph,
the
remedial
3
program
shall
pay
in
accordance
with
subsection
4.
For
a
4
release
to
be
eligible
for
coverage
under
this
subparagraph
the
5
following
conditions
must
be
satisfied:
6
Sec.
303.
Section
455G.9,
subsection
1,
paragraph
a,
7
subparagraph
(3),
subparagraph
division
(d),
Code
2009,
is
8
amended
to
read
as
follows:
9
(d)
The
claim
for
coverage
pursuant
to
this
subparagraph
10
must
have
been
filed
with
the
board
prior
to
September
1,
1990.
11
Sec.
304.
Section
455G.9,
subsection
1,
paragraph
a,
12
subparagraph
(3),
subparagraph
division
(e),
Code
2009,
is
13
amended
to
read
as
follows:
14
(e)
The
owner
or
operator
at
the
time
the
release
was
15
reported
to
the
department
of
natural
resources
must
have
been
16
in
compliance
with
then
current
monitoring
requirements,
if
17
any,
or
must
have
been
in
the
process
of
compliance
efforts
18
with
anticipated
requirements,
including
installation
of
19
monitoring
devices,
a
new
tank,
tank
improvements
or
retrofit,
20
or
any
combination.
21
Sec.
305.
Section
455G.9,
subsection
1,
paragraph
a,
22
subparagraph
(4),
Code
2009,
is
amended
to
read
as
follows:
23
(4)
One
hundred
percent
of
the
costs
of
corrective
24
action
for
a
release
reported
to
the
department
of
natural
25
resources
on
or
before
July
1,
1991,
if
the
owner
or
operator
26
is
not
a
governmental
entity
and
is
a
not-for-profit
27
organization
exempt
from
federal
income
taxation
under
section
28
501(c)(3)
of
the
Internal
Revenue
Code
with
a
net
annual
income
29
of
twenty-five
thousand
dollars
or
less
for
the
year
1990,
and
30
if
the
tank
which
is
the
subject
of
the
corrective
action
is
a
31
registered
tank
and
is
under
one
thousand
one
hundred
gallons
32
capacity.
33
Sec.
306.
Section
455G.9,
subsection
1,
paragraphs
b,
c,
e,
34
and
f,
Code
2009,
are
amended
to
read
as
follows:
35
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b.
Corrective
action
and
third-party
liability
for
a
1
release
discovered
on
or
after
January
24,
1989,
for
which
a
2
responsible
owner
or
operator
able
to
pay
cannot
be
found
and
3
for
which
the
federal
underground
storage
tank
trust
fund
or
4
other
federal
moneys
do
not
provide
coverage.
For
the
purposes
5
of
this
section
property
shall
not
be
deeded
or
quitclaimed
6
to
the
state
or
board
department
in
lieu
of
cleanup.
7
Additionally,
the
ability
to
pay
shall
be
determined
after
a
8
claim
has
been
filed.
The
board
department
is
not
liable
for
9
any
cost
where
either
the
responsible
owner
or
operator,
or
10
both,
have
a
net
worth
greater
than
fifteen
thousand
dollars,
11
or
where
the
responsible
party
can
be
determined.
Third-party
12
liability
specifically
excludes
any
claim,
cause
of
action,
13
or
suit,
for
personal
injury
including
,
but
not
limited
14
to
,
loss
of
use
or
of
private
enjoyment,
mental
anguish,
15
false
imprisonment,
wrongful
entry
or
eviction,
humiliation,
16
discrimination,
or
malicious
prosecution.
17
c.
Corrective
action
and
third-party
liability
for
a
tank
18
owned
or
operated
by
a
financial
institution
eligible
to
19
participate
in
the
remedial
account
under
section
455G.16
if
20
the
prior
owner
or
operator
is
unable
to
pay,
if
so
authorized
21
by
the
board
department
as
part
of
a
condition
or
incentive
22
for
financial
institution
participation
in
the
fund
pursuant
23
to
section
455G.16.
Third-party
liability
specifically
24
excludes
any
claim,
cause
of
action,
or
suit,
for
personal
25
injury
including
,
but
not
limited
to
,
loss
of
use
or
of
26
private
enjoyment,
mental
anguish,
false
imprisonment,
wrongful
27
entry
or
eviction,
humiliation,
discrimination,
or
malicious
28
prosecution.
29
e.
Corrective
action
for
a
release
reported
to
the
30
department
of
natural
resources
after
May
5,
1989,
and
on
31
or
before
October
26,
1990,
in
connection
with
a
tank
owned
32
or
operated
by
a
state
agency
or
department
which
elects
to
33
participate
in
the
remedial
account
pursuant
to
this
paragraph.
34
A
state
agency
or
department
which
does
not
receive
a
standing
35
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2088
unlimited
appropriation
which
may
be
used
to
pay
for
the
1
costs
of
a
corrective
action
may
opt,
with
the
approval
of
2
the
board
department
,
to
participate
in
the
remedial
account.
3
As
a
condition
of
opting
to
participate
in
the
remedial
4
account,
the
agency
or
department
shall
pay
all
registration
5
fees,
storage
tank
management
fees,
environmental
protection
6
charges,
and
all
other
charges
and
fees
upon
all
tanks
owned
7
or
operated
by
the
agency
or
department
in
the
same
manner
8
as
if
the
agency
or
department
were
a
person
required
to
9
maintain
financial
responsibility.
Once
an
agency
has
opted
10
to
participate
in
the
remedial
program,
it
cannot
opt
out,
11
and
shall
continue
to
pay
all
charges
and
fees
upon
all
tanks
12
owned
or
operated
by
the
agency
or
department
so
long
as
the
13
charges
or
fees
are
imposed
on
similarly
situated
tanks
of
a
14
person
required
to
maintain
financial
responsibility.
The
15
board
commission
shall
by
rule
adopted
pursuant
to
chapter
16
17A
provide
the
terms
and
conditions
for
a
state
agency
or
17
department
to
opt
to
participate
in
the
remedial
account.
A
18
state
agency
or
department
which
opts
to
participate
in
the
19
remedial
account
shall
be
subject
to
the
minimum
copayment
20
schedule
of
subsection
4,
as
if
the
state
agency
or
department
21
were
a
person
required
to
maintain
financial
responsibility.
22
f.
One
hundred
percent
of
the
costs
up
to
twenty
thousand
23
dollars
incurred
by
the
board
department
under
section
24
455G.12A,
subsection
2,
unnumbered
paragraph
2,
for
site
25
cleanup
reports.
Costs
of
a
site
cleanup
report
which
26
exceed
twenty
thousand
dollars
shall
be
considered
a
cost
of
27
corrective
action
and
the
amount
shall
be
included
in
the
28
calculations
for
corrective
action
cost
copayments
under
29
subsection
4.
The
board
department
shall
have
the
discretion
30
to
authorize
a
site
cleanup
report
payment
in
excess
of
twenty
31
thousand
dollars
if
the
site
is
participating
in
community
32
remediation.
33
Sec.
307.
Section
455G.9,
subsection
1,
paragraph
g,
34
subparagraph
(4),
Code
2009,
is
amended
to
read
as
follows:
35
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S.F.
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(4)
The
release
was
reported
to
the
board
by
October
26,
1
1991.
2
Sec.
308.
Section
455G.9,
subsection
1,
paragraphs
i,
k,
and
3
l,
Code
2009,
are
amended
to
read
as
follows:
4
i.
Notwithstanding
section
455G.1,
subsection
2,
corrective
5
action,
for
a
release
which
was
tested
prior
to
October
26,
6
1990,
and
for
which
the
site
was
issued
a
no-further-action
7
letter
by
the
department
of
natural
resources
and
which
was
8
later
determined,
due
to
sale
of
the
property
or
removal
of
a
9
nonoperating
tank,
to
require
remediation
which
was
reported
10
to
the
administrator
by
October
26,
1992,
in
an
amount
as
11
specified
in
subsection
4.
In
order
to
qualify
for
benefits
12
under
this
paragraph,
the
applicant
must
not
have
operated
a
13
tank
on
the
property
during
the
period
of
time
for
which
the
14
applicant
owned
the
property
and
the
applicant
must
not
be
a
15
financial
institution.
16
k.
Pursuant
to
an
agreement
between
the
board
and
the
17
department
of
natural
resources,
assessment
Assessment
and
18
corrective
action
arising
out
of
releases
at
sites
for
which
19
a
no
further
action
certificate
has
been
issued
pursuant
to
20
section
455B.474,
when
the
department
determines
that
an
21
unreasonable
risk
to
public
health
and
safety
may
still
exist.
22
At
a
minimum,
the
agreement
shall
address
eligible
costs,
23
contracting
for
services,
and
conditions
under
which
sites
may
24
be
reevaluated.
25
l.
Costs
for
the
permanent
closure
of
an
underground
storage
26
tank
system
that
was
in
place
on
the
date
an
eligible
claim
27
was
submitted
under
paragraph
“a”
.
Reimbursement
is
limited
28
to
costs
approved
by
the
board
department
prior
to
the
closure
29
activities.
30
Sec.
309.
Section
455G.9,
subsections
2,
3,
5,
7,
and
10,
31
Code
2009,
are
amended
to
read
as
follows:
32
2.
Remedial
account
funding.
The
remedial
account
33
shall
be
funded
by
that
portion
of
the
proceeds
of
the
use
34
tax
imposed
under
chapter
423,
subchapter
III,
and
other
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moneys
and
revenues
budgeted
to
the
remedial
account
by
the
1
board
department
.
2
3.
Trust
fund
to
be
established.
When
the
remedial
account
3
has
accumulated
sufficient
capital
to
provide
dependable
4
income
to
cover
the
expenses
of
expected
future
releases
or
5
expected
future
losses
for
which
no
responsible
owner
is
6
available,
the
excess
capital
shall
be
transferred
to
a
trust
7
fund
administered
by
the
board
department
and
created
for
that
8
purpose.
9
5.
Recovery
of
gain
on
sale
of
property.
If
an
owner
10
or
operator
ceases
to
own
or
operate
a
tank
site
for
which
11
remedial
account
benefits
were
received
within
ten
years
of
12
the
receipt
of
any
account
benefit
and
sells
or
transfers
a
13
property
interest
in
the
tank
site
for
an
amount
which
exceeds
14
one
hundred
twenty
percent
of
the
precorrective
action
value,
15
adjusted
for
equipment
and
capital
improvements,
the
owner
or
16
operator
shall
refund
to
the
remedial
account
an
amount
equal
17
to
ninety
percent
of
the
amount
in
excess
of
one
hundred
twenty
18
percent
of
the
precorrective
action
value
up
to
a
maximum
of
19
the
expenses
incurred
by
the
remedial
account
associated
with
20
the
tank
site
plus
interest,
equal
to
the
interest
for
the
21
most
recent
twelve-month
period
for
the
most
recent
bond
issue
22
for
the
fund,
on
the
expenses
incurred,
compounded
annually.
23
An
owner
or
operator
under
this
subsection
shall
notify
the
24
board
department
of
the
sale
or
transfer
of
the
property
25
interest
in
the
tank
site.
Expenses
incurred
by
the
fund
are
a
26
lien
upon
the
property
recordable
and
collectible
in
the
same
27
manner
as
the
lien
provided
for
in
section
424.11
at
the
time
28
of
sale
or
transfer,
subject
to
the
terms
of
this
section.
29
This
subsection
shall
not
apply
if
the
sale
or
transfer
30
is
pursuant
to
a
power
of
eminent
domain,
or
benefits.
When
31
federal
cleanup
funds
are
recovered,
the
funds
are
to
be
32
deposited
to
the
remedial
account
of
the
fund
and
used
solely
33
for
the
purpose
of
future
cleanup
activities.
34
7.
Expenses
of
cleanup
not
required.
When
an
owner
or
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operator
who
is
eligible
for
benefits
under
this
chapter
is
1
allowed
by
the
department
of
natural
resources
to
monitor
in
2
place,
the
expenses
incurred
for
cleanup
beyond
the
level
3
required
by
the
department
of
natural
resources
are
not
covered
4
under
any
of
the
accounts
established
under
the
fund.
The
5
cleanup
expenses
incurred
for
work
completed
beyond
what
is
6
required
is
the
responsibility
of
the
person
contracting
for
7
the
excess
cleanup.
8
10.
Expenses
incurred
by
governmental
subdivisions.
The
9
board
commission
may
adopt
rules
for
reimbursement
for
10
reasonable
expenses
incurred
by
a
governmental
subdivision
11
for
treating,
handling,
or
disposing,
as
required
by
the
12
department,
of
petroleum-contaminated
soil
and
groundwater
13
encountered
in
a
public
right-of-way
during
installation,
14
maintenance,
or
repair
of
a
public
improvement.
The
15
board
department
may
seek
full
recovery
from
a
responsible
16
party
liable
for
the
release
for
such
expenses
and
for
17
all
other
costs
and
reasonable
attorney
fees
and
costs
of
18
litigation
for
which
moneys
are
expended
by
the
fund.
Any
19
expense
described
in
this
subsection
incurred
by
the
fund
20
constitutes
a
lien
upon
the
property
from
which
the
release
21
occurred.
A
lien
shall
be
recorded
and
an
expense
shall
be
22
collected
in
the
same
manner
as
provided
in
section
424.11.
23
Sec.
310.
Section
455G.12,
Code
2009,
is
amended
to
read
as
24
follows:
25
455G.12
Board
Commission
authority
for
prioritization.
26
If
the
board
commission
determines
that,
within
the
realm
27
of
sound
business
judgment
and
practice,
prioritization
of
28
assistance
is
necessary
in
light
of
funds
available
for
loan
29
guarantees
or
insurance
coverage,
the
board
commission
may
30
develop
rules
for
assistance
or
coverage
prioritization
based
31
upon
adherence
or
planned
adherence
of
the
owner
or
operator
32
to
higher
than
minimum
environmental
protection
and
safety
33
compliance
considerations.
34
Prior
to
the
adoption
of
prioritization
rules,
the
35
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board
commission
shall
at
minimum
review
the
following
issues:
1
1.
The
positive
environmental
impact
of
assistance
2
prioritization.
3
2.
The
economic
feasibility,
including
the
availability
of
4
private
financing,
for
an
owner
or
operator
to
obtain
priority
5
status.
6
3.
Any
negative
impact
on
Iowa’s
rural
petroleum
7
distribution
network
which
could
result
from
prioritization.
8
4.
Any
similar
prioritization
systems
in
use
by
the
private
9
financing
or
insurance
markets
in
this
state,
including
terms,
10
conditions,
or
exclusions.
11
5.
The
intent
of
this
chapter
that
the
board
commission
12
shall
maximize
the
availability
of
reasonably
priced,
13
financially
sound
insurance
coverage
or
loan
guarantee
14
assistance.
15
Sec.
311.
Section
455G.12A,
Code
2009,
is
amended
to
read
16
as
follows:
17
455G.12A
Cost
containment
authority.
18
1.
Validity
of
contracts.
A
contract
in
which
one
of
the
19
parties
to
the
contract
is
an
owner
or
operator
of
a
petroleum
20
underground
storage
tank,
for
goods
or
services
which
may
be
21
payable
or
reimbursable
from
the
fund,
is
invalid
unless
and
22
until
the
administrator
department
has
approved
the
contract
23
as
fair
and
equitable
to
the
tank
owner
or
operator,
and
found
24
that
the
contract
terms
are
within
the
range
of
usual
and
25
customary
rates
for
similar
or
equivalent
goods
or
services
26
within
the
state,
and
found
that
the
goods
or
services
are
27
necessary
for
the
owner
or
operator
to
comply
with
fund
or
28
regulatory
standards.
An
owner
or
operator
may
appoint
the
29
administrator
department
as
an
agent
for
the
purposes
of
30
negotiating
contracts
with
suppliers
of
goods
or
services
31
compensable
by
the
fund.
The
administrator
department
may
32
select
another
contractor
for
goods
or
services
other
than
33
the
one
offered
by
the
owner
or
operator,
if
the
scope
of
the
34
proposed
work
or
actual
work
of
the
offered
contractor
does
not
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reflect
the
quality
of
workmanship
required,
or
the
costs
are
1
determined
to
be
excessive.
2
2.
Contract
approval.
In
the
course
of
review
and
3
approval
of
a
contract
pursuant
to
this
section,
the
4
administrator
department
may
require
an
owner
or
operator
5
to
obtain
and
submit
three
bids,
provided
that
the
6
administrator
department
coordinates
bid
submission
with
the
7
department.
The
administrator
department
may
require
specific
8
terms
and
conditions
in
a
contract
subject
to
approval.
9
The
board
department
shall
have
authority
to
contract
for
10
site
cleanup
reports.
The
board’s
department’s
responsibility
11
for
site
cleanup
reports
is
limited
to
those
site
cleanup
12
reports
subject
to
approval
by
the
department
of
natural
13
resources
and
required
in
connection
with
the
remediation
of
a
14
release
which
is
eligible
for
benefits
under
section
455G.9.
15
The
site
cleanup
report
shall
address
existing
and
available
16
remedial
technologies
and
the
costs
associated
with
the
use
17
of
each
technology.
The
board
department
shall
not
have
the
18
authority
to
affect
a
contract
which
has
been
given
written
19
approval
under
this
section.
20
3.
Exclusive
contracts.
The
administrator
department
may
21
enter
into
a
contract
or
an
exclusive
contract
with
the
22
supplier
of
goods
or
services
required
by
a
class
of
tank
23
owners
or
operators
in
connection
with
an
expense
payable
or
24
reimbursable
from
the
fund,
to
supply
a
specified
good
or
25
service
for
a
gross
maximum
price,
fixed
rate,
on
an
exclusive
26
basis,
or
subject
to
another
contract
term
or
condition
27
reasonably
calculated
to
obtain
goods
or
services
for
the
28
fund
or
for
tank
owners
and
operators
at
a
reasonable
cost.
29
A
contract
may
provide
for
direct
payment
from
the
fund
to
a
30
supplier.
31
The
administrator
department
may
retain
,
subject
to
board
32
approval,
an
independent
person
to
assist
in
the
review
of
work
33
required
in
connection
with
a
release
or
tank
system
for
which
34
fund
benefits
are
sought,
and
to
establish
prevailing
cost
of
35
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goods
and
services
needed.
Nothing
in
this
section
is
intended
1
to
preempt
the
regulatory
authority
of
the
department.
2
4.
Prior
approval
by
administrator
department
.
Unless
3
emergency
conditions
exist,
a
contractor
performing
services
4
pursuant
to
this
section
shall
have
the
budget
for
the
5
work
approved
by
the
administrator
department
prior
to
6
commencement
of
the
work.
No
expense
incurred
which
7
is
above
the
budgeted
amount
shall
be
paid
unless
the
8
administrator
department
approves
such
expense
prior
to
its
9
being
incurred.
All
invoices
or
bills
shall
be
submitted
10
with
appropriate
documentation
as
deemed
necessary
by
the
11
board
department
,
no
later
than
thirty
days
after
the
work
has
12
been
performed.
Neither
the
board
department
nor
an
owner
or
13
operator
is
responsible
for
payment
for
work
incurred
which
has
14
not
been
previously
approved
by
the
board
department
.
15
Sec.
312.
Section
455G.13,
subsection
1,
Code
2009,
is
16
amended
to
read
as
follows:
17
1.
Full
recovery
sought
from
owner.
The
board
department
18
shall
seek
full
recovery
from
the
owner,
operator,
or
other
19
potentially
responsible
party
liable
for
the
released
petroleum
20
which
is
the
subject
of
a
corrective
action,
for
which
the
fund
21
expends
moneys
for
corrective
action
or
third-party
liability,
22
and
for
all
other
costs,
including
reasonable
attorney
fees
and
23
costs
of
litigation
for
which
moneys
are
expended
by
the
fund
24
in
connection
with
the
release.
When
federal
cleanup
funds
25
are
recovered,
the
funds
are
to
be
deposited
to
the
remedial
26
account
of
the
fund
and
used
solely
for
the
purpose
of
future
27
cleanup
activities.
28
Sec.
313.
Section
455G.13,
subsection
2,
paragraph
a,
Code
29
2009,
is
amended
to
read
as
follows:
30
a.
The
board
or
the
department
of
natural
resources
shall
31
not
seek
recovery
for
expenses
in
connection
with
corrective
32
action
for
a
release
from
an
owner
or
operator
eligible
for
33
assistance
under
the
remedial
account
except
for
any
unpaid
34
portion
of
the
deductible
or
copayment.
This
section
does
35
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not
affect
any
authorization
of
the
department
of
natural
1
resources
to
impose
or
collect
civil
or
administrative
fines
2
or
penalties
or
fees.
The
remedial
account
shall
not
be
held
3
liable
for
any
third-party
liability.
4
Sec.
314.
Section
455G.13,
subsection
3,
Code
2009,
is
5
amended
to
read
as
follows:
6
3.
Owner
or
operator
not
in
compliance,
subject
to
full
7
and
total
cost
recovery.
Notwithstanding
subsection
2,
the
8
liability
of
an
owner
or
operator
shall
be
the
full
and
total
9
costs
of
corrective
action
and
bodily
injury
or
property
damage
10
to
third
parties,
as
specified
in
subsection
1,
if
the
owner
11
or
operator
has
not
complied
with
the
financial
responsibility
12
or
other
underground
storage
tank
rules
requirements
of
the
13
department
of
natural
resources
or
with
this
chapter
and
rules
14
adopted
under
this
chapter.
15
Sec.
315.
Section
455G.13,
subsection
4,
paragraph
a,
Code
16
2009,
is
amended
to
read
as
follows:
17
a.
Failed,
without
sufficient
cause,
to
respond
to
a
release
18
of
petroleum
from
the
tank
upon,
or
in
accordance
with,
a
19
notice
issued
by
the
director
of
the
department
of
natural
20
resources
.
21
Sec.
316.
Section
455G.13,
subsections
5,
6,
8,
9,
10,
and
22
12,
Code
2009,
are
amended
to
read
as
follows:
23
5.
Lien
on
tank
site.
Any
amount
for
which
an
owner
or
24
operator
is
liable
to
the
fund,
if
not
paid
when
due,
by
25
statute,
rule,
or
contract,
or
determination
of
liability
by
26
the
board
or
department
of
natural
resources
after
hearing,
27
shall
constitute
a
lien
upon
the
real
property
where
the
tank,
28
which
was
the
subject
of
corrective
action,
is
situated,
and
29
the
liability
shall
be
collected
in
the
same
manner
as
the
30
environmental
protection
charge
pursuant
to
section
424.11.
31
6.
Joinder
of
parties.
The
department
of
natural
32
resources
has
standing
in
any
case
or
contested
action
related
33
to
the
fund
or
a
tank
to
assert
any
claim
that
the
department
34
may
have
regarding
the
tank
at
issue
in
the
case
or
contested
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action,
upon
motion
and
sufficient
showing
by
a
party
to
a
cost
1
recovery
or
subrogation
action
provided
for
under
this
section,
2
the
court
or
the
administrative
law
judge
shall
join
to
the
3
action
any
potentially
responsible
party
who
may
be
liable
for
4
costs
and
expenditures
of
the
type
recoverable
pursuant
to
this
5
section.
6
8.
Third-party
contracts
not
binding
on
board
department
,
7
proceedings
against
responsible
party.
An
insurance,
8
indemnification,
hold
harmless,
conveyance,
or
similar
9
risk-sharing
or
risk-shifting
agreement
shall
not
be
effective
10
to
transfer
any
liability
for
costs
recoverable
under
11
this
section.
The
fund
,
board,
or
department
of
natural
12
resources
may
proceed
directly
against
the
owner
or
operator
or
13
other
allegedly
responsible
party.
This
section
does
not
bar
14
any
agreement
to
insure,
hold
harmless,
or
indemnify
a
party
to
15
the
agreement
for
any
costs
or
expenditures
under
this
chapter,
16
and
does
not
modify
rights
between
the
parties
to
an
agreement,
17
except
to
the
extent
the
agreement
shifts
liability
to
an
18
owner
or
operator
eligible
for
assistance
under
the
remedial
19
account
for
any
damages
or
other
expenses
in
connection
with
20
a
corrective
action
for
which
another
potentially
responsible
21
party
is
or
may
be
liable.
Any
such
provision
is
null
and
void
22
and
of
no
force
or
effect.
23
9.
Later
proceedings
permitted
against
other
parties.
The
24
entry
of
judgment
against
a
party
to
the
action
does
not
bar
25
a
future
action
by
the
board
or
the
department
of
natural
26
resources
against
another
person
who
is
later
alleged
to
be
27
or
discovered
to
be
liable
for
costs
and
expenditures
paid
by
28
the
fund.
Notwithstanding
section
668.5
no
other
potentially
29
responsible
party
may
seek
contribution
or
any
other
recovery
30
from
an
owner
or
operator
eligible
for
assistance
under
the
31
remedial
account
for
damages
or
other
expenses
in
connection
32
with
corrective
action
for
a
release
for
which
the
potentially
33
responsible
party
is
or
may
be
liable.
Subsequent
successful
34
proceedings
against
another
party
shall
not
modify
or
reduce
35
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S.F.
2088
the
liability
of
a
party
against
whom
judgment
has
been
1
previously
entered.
2
10.
Claims
against
potentially
responsible
parties.
Upon
3
payment
by
the
fund
for
corrective
action
or
third-party
4
liability
pursuant
to
this
chapter,
the
rights
of
the
claimant
5
to
recover
payment
from
any
potentially
responsible
party,
are
6
assumed
by
the
board
department
to
the
extent
paid
by
the
fund.
7
A
claimant
is
precluded
from
receiving
double
compensation
for
8
the
same
injury.
9
In
an
action
brought
pursuant
to
this
chapter
seeking
10
damages
for
corrective
action
or
third-party
liability,
the
11
court
shall
permit
evidence
and
argument
as
to
the
replacement
12
or
indemnification
of
actual
economic
losses
incurred
or
to
be
13
incurred
in
the
future
by
the
claimant
by
reason
of
insurance
14
benefits,
governmental
benefits
or
programs,
or
from
any
other
15
source.
16
A
claimant
may
elect
to
permit
the
board
department
to
pursue
17
the
claimant’s
cause
of
action
for
any
injury
not
compensated
18
by
the
fund
against
any
potentially
responsible
party,
provided
19
the
attorney
general
determines
such
representation
would
20
not
be
a
conflict
of
interest.
If
a
claimant
so
elects,
the
21
board’s
department’s
litigation
expenses
shall
be
shared
on
a
22
pro
rata
basis
with
the
claimant,
but
the
claimant’s
share
of
23
litigation
expenses
is
payable
exclusively
from
any
share
of
24
the
settlement
or
judgment
payable
to
the
claimant.
25
12.
Recovery
or
subrogation
——
installers
and
26
inspectors.
Notwithstanding
any
other
provision
contained
in
27
this
chapter,
the
board
department
or
a
person
insured
under
28
the
underground
storage
tank
insurance
fund
established
in
29
section
455G.11,
Code
2003,
has
no
right
of
recovery
or
right
30
of
subrogation
against
an
installer
or
an
inspector
who
was
31
insured
by
the
underground
storage
tank
insurance
fund
for
the
32
tank
giving
rise
to
the
liability
other
than
for
recovery
of
33
any
deductibles
paid.
34
Sec.
317.
Section
455G.16,
unnumbered
paragraph
1,
Code
35
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255
S.F.
2088
2009,
is
amended
to
read
as
follows:
1
The
board
department
may
impose
conditions
on
the
2
participation
of
a
financial
institution
in
the
fund.
3
Conditions
shall
be
reasonably
intended
to
increase
the
4
quantity
of
private
capital
available
for
loans
to
tank
owners
5
or
operators
who
are
small
businesses
within
the
meaning
of
6
section
455G.2.
Additionally,
the
board
department
may
offer
7
incentives
to
financial
institutions
meeting
conditions
imposed
8
by
the
board
department
.
Incentives
may
include
extended
9
fund
coverage
of
corrective
action
or
third-party
liability
10
expenses,
waiver
of
copayment
or
deductible
requirements,
or
11
other
benefits
not
offered
to
other
participants,
if
reasonably
12
intended
to
increase
the
quantity
of
private
capital
available
13
for
loans
by
an
amount
greater
than
the
increased
costs
of
the
14
incentives
to
the
fund.
15
Sec.
318.
Section
455G.20,
Code
2009,
is
amended
to
read
as
16
follows:
17
455G.20
Final
approval.
18
Notwithstanding
any
other
provision
to
the
contrary,
the
19
department
of
natural
resources
shall
have
final
approval
for
a
20
determination
as
to
when
remediation
shall
begin
on
a
site.
21
Sec.
319.
Section
455G.21,
subsection
1,
Code
2009,
is
22
amended
to
read
as
follows:
23
1.
A
marketability
fund
is
created
as
a
separate
fund
in
24
the
state
treasury
under
the
control
of
the
board
department
.
25
The
board
department
shall
administer
the
marketability
26
fund.
Notwithstanding
section
8.33,
moneys
remaining
in
27
the
marketability
fund
at
the
end
of
each
fiscal
year
shall
28
not
revert
to
the
general
fund
but
shall
remain
in
the
29
marketability
fund.
The
marketability
fund
shall
include,
30
notwithstanding
section
12C.7,
interest
earned
by
the
31
marketability
fund
or
other
income
specifically
allocated
to
32
the
marketability
fund.
33
Sec.
320.
Section
455G.21,
subsection
2,
paragraph
a,
Code
34
2009,
is
amended
to
read
as
follows:
35
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S.F.
2088
a.
The
innocent
landowners
fund
shall
be
established
as
a
1
separate
fund
in
the
state
treasury
under
the
control
of
the
2
board
department
.
The
innocent
landowners
fund
shall
include
3
any
moneys
recovered
pursuant
to
cost
recovery
enforcement
4
under
section
455G.13.
Notwithstanding
section
455G.1,
5
subsection
2,
benefits
for
the
costs
of
corrective
action
may
6
be
provided
to
the
owner
of
a
petroleum-contaminated
property,
7
or
an
owner
or
operator
of
an
underground
storage
tank
located
8
on
the
property,
who
is
not
otherwise
eligible
to
receive
9
benefits
under
section
455G.9
due
to
the
date
on
which
the
10
release
causing
the
contamination
was
reported
or
the
date
11
the
claim
was
filed.
An
owner
of
a
petroleum-contaminated
12
property,
or
an
owner
or
operator
of
an
underground
storage
13
tank
located
on
the
property,
shall
be
eligible
for
payment
14
of
corrective
action
costs
subject
to
copayment
requirements
15
under
section
455G.9,
subsection
4.
The
board
commission
may
16
adopt
rules
conditioning
receipt
of
benefits
under
this
17
paragraph
to
those
petroleum-contaminated
properties
which
18
present
a
higher
degree
of
risk
to
the
public
health
and
19
safety
or
the
environment
and
may
adopt
rules
providing
for
20
denial
of
benefits
under
this
paragraph
to
a
person
who
did
21
not
make
a
good
faith
attempt
to
comply
with
the
provisions
of
22
this
chapter.
This
paragraph
does
not
confer
a
legal
right
23
to
an
owner
of
petroleum-contaminated
property,
or
an
owner
24
or
operator
of
an
underground
storage
tank
located
on
the
25
property,
for
receipt
of
benefits
under
this
paragraph.
26
Sec.
321.
REPEAL.
Section
16.151,
Code
2009,
is
repealed.
27
Sec.
322.
REPEAL.
1989
Iowa
Acts,
chapter
131,
section
63,
28
is
repealed.
29
Sec.
323.
REPEAL.
2009
Iowa
Acts,
chapter
184,
section
39,
30
is
repealed.
31
Sec.
324.
APPROPRIATION
——
GENERAL
FUND.
There
is
32
appropriated
from
the
Iowa
comprehensive
petroleum
underground
33
storage
tank
fund
to
the
general
fund
of
the
state
for
the
34
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
35
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255
S.F.
2088
the
following
amount:
1
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
800,000
2
Sec.
325.
APPROPRIATION
——
DEPARTMENT
OF
NATURAL
3
RESOURCES.
There
is
appropriated
from
the
Iowa
comprehensive
4
petroleum
underground
storage
tank
fund
to
the
department
5
of
natural
resources
for
the
fiscal
year
beginning
July
1,
6
2010,
and
ending
June
30,
2011,
the
following
amount,
or
so
7
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
8
designated:
9
For
administering
the
Iowa
comprehensive
petroleum
10
underground
storage
tank
fund,
including
salaries,
support,
11
maintenance,
miscellaneous
purposes,
and
for
not
more
than
the
12
following
full-time
equivalent
positions:
13
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
700,000
14
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
8.00
15
Sec.
326.
TRANSITION
PROVISIONS.
16
1.
This
division
of
this
Act
and
the
transfer
of
17
administrative
duties
to
the
department
of
natural
resources
18
shall
not
constitute
grounds
for
recision
or
modification
19
of
any
contracts
entered
into
by
or
on
behalf
of
the
Iowa
20
comprehensive
petroleum
underground
storage
tank
fund
board.
21
2.
Any
rule,
regulation,
form,
order,
or
directive
22
promulgated
by
the
Iowa
comprehensive
petroleum
underground
23
storage
tank
fund
board
and
in
effect
on
the
effective
date
24
of
this
division
of
this
Act
shall
continue
in
full
force
and
25
effect
until
amended,
repealed,
or
supplemented
by
affirmative
26
action
of
the
environmental
protection
commission
under
the
27
duties
and
powers
of
the
commission
as
established
in
this
28
division
of
this
Act
and
under
the
procedure
established
in
29
subsection
3.
30
Any
license
or
permit
issued
by
Iowa
comprehensive
petroleum
31
underground
storage
tank
fund
board
and
in
effect
on
the
32
effective
date
of
this
division
of
this
Act
shall
continue
in
33
full
force
and
effect
until
expiration
or
renewal.
34
3.
In
regard
to
updating
references
and
format
in
the
Iowa
35
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255
S.F.
2088
administrative
code
in
order
to
correspond
to
the
restructuring
1
as
established
in
this
division
of
this
Act,
the
administrative
2
rules
coordinator
and
the
administrative
rules
review
3
committee,
in
consultation
with
the
administrative
code
editor,
4
shall
jointly
develop
a
schedule
for
the
necessary
updating
of
5
the
Iowa
administrative
code.
6
4.
Any
cause
of
action
or
statute
of
limitation
relating
7
to
the
Iowa
comprehensive
petroleum
underground
storage
tank
8
fund
board
shall
not
be
affected
as
a
result
of
the
transfer
9
and
such
cause
or
statute
of
limitation
shall
apply
to
the
10
successor
department
or
commission.
11
5.
Any
replacement
of
signs,
logos,
stationery,
insignia,
12
uniforms,
and
related
items
that
is
made
due
to
the
effect
of
13
this
division
of
this
Act
should
be
done
as
part
of
the
normal
14
replacement
cycle
for
such
items.
15
DIVISION
XX
16
ECONOMIC
DEVELOPMENT
——
COMMITTEES
AND
COUNCILS
17
Sec.
327.
Section
15.108,
subsection
7,
paragraph
h,
Code
18
2009,
is
amended
by
striking
the
paragraph.
19
Sec.
328.
Section
15G.115,
subsections
2
and
3,
Code
20
Supplement
2009,
are
amended
to
read
as
follows:
21
2.
a.
Each
application
from
a
business
for
financial
22
assistance
under
the
grow
Iowa
values
financial
assistance
23
program
shall
be
reviewed
by
the
due
diligence
committee
24
established
by
the
board
pursuant
to
section
15.103,
subsection
25
6.
The
due
diligence
committee
shall
make
a
recommendation
on
26
each
application
to
the
board.
27
b.
Each
application
from
a
business
for
financial
assistance
28
under
the
value-added
agriculture
component
of
the
grow
Iowa
29
values
financial
assistance
program
shall
be
reviewed
by
the
30
agricultural
products
advisory
council
established
in
section
31
15.203
,
which
shall
make
a
recommendation
on
each
application
32
to
the
board.
33
c.
b.
Each
application
for
financial
assistance
from
funds
34
allocated
by
the
department
for
deposit
in
the
innovation
35
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255
S.F.
2088
and
commercialization
development
fund
pursuant
to
section
1
15G.111,
subsection
10,
shall
be
reviewed
by
the
technology
2
commercialization
committee
established
in
section
15.116,
3
which
shall
make
a
recommendation
on
each
application
to
the
4
board.
5
3.
In
overseeing
the
administration
of
the
grow
Iowa
values
6
fund
and
grow
Iowa
values
financial
assistance
program
pursuant
7
to
this
chapter,
the
board
shall
do
all
of
the
following:
8
a.
At
the
first
scheduled
meeting
of
the
board
after
the
9
start
of
a
new
fiscal
year,
take
final
action
on
all
of
the
10
following:
11
(1)
The
department’s
recommendations
for
the
annual
fiscal
12
year
allocation
of
moneys
in
the
fund,
as
provided
in
section
13
15G.111,
subsection
4.
The
board
may
adjust
the
allocation
of
14
moneys
during
the
fiscal
year
as
necessary.
15
(2)
The
department’s
recommendations
for
the
allocation
16
of
moneys
among
the
program
components
referred
to
in
section
17
15G.112,
subsection
1,
paragraph
“b”
.
The
board
may
adjust
the
18
allocation
of
moneys
during
the
fiscal
year
as
necessary.
19
b.
Consider
the
recommendation
of
the
due
diligence
20
committee
and
the
agricultural
products
advisory
council
on
21
each
application
for
financial
assistance,
as
described
in
22
subsection
2,
and
take
final
action
on
each
application.
23
c.
Take
final
action
on
the
required
plans
for
proposed
24
expenditures
submitted
by
the
entities
receiving
moneys
25
allocated
under
section
15G.111,
subsections
5
through
8.
26
d.
Take
final
action
on
any
rules
recommended
by
the
27
department
for
the
implementation
of
the
provisions
of
this
28
chapter.
29
Sec.
329.
REPEAL.
Section
15.114,
Code
2009,
is
repealed.
30
Sec.
330.
REPEAL.
Section
15.203,
Code
Supplement
2009,
is
31
repealed.
32
DIVISION
XXI
33
CONSOLIDATION
OF
HOUSING
PROGRAMS
34
Sec.
331.
NEW
SECTION
.
16.41
Shelter
assistance
fund.
35
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255
S.F.
2088
1.
A
shelter
assistance
fund
is
created
as
a
revolving
1
fund
in
the
state
treasury
under
the
control
of
the
authority
2
consisting
of
any
moneys
appropriated
by
the
general
assembly
3
and
received
under
section
428A.8
for
purposes
of
the
4
rehabilitation,
expansion,
or
costs
of
operations
of
group
home
5
shelters
for
the
homeless
and
domestic
violence
shelters.
6
2.
Of
the
moneys
in
the
fund,
not
less
than
five
hundred
7
forty–six
thousand
dollars
shall
be
spent
annually
on
homeless
8
shelter
projects.
9
3.
Notwithstanding
section
8.33,
all
moneys
in
the
shelter
10
assistance
fund
which
remain
unexpended
or
unobligated
at
the
11
close
of
the
fiscal
year
shall
not
revert
to
the
general
fund
12
of
the
state
but
shall
remain
available
for
expenditure
for
13
subsequent
fiscal
years.
14
Sec.
332.
Section
428A.8,
subsection
2,
unnumbered
15
paragraph
1,
Code
2009,
is
amended
to
read
as
follows:
16
The
treasurer
of
state
shall
deposit
or
transfer
the
17
receipts
paid
the
treasurer
of
state
pursuant
to
subsection
18
1
to
either
the
general
fund
of
the
state,
the
housing
trust
19
fund
created
in
section
16.181,
or
the
shelter
assistance
fund
20
created
in
section
15.349
16.41
as
follows:
21
Sec.
333.
REPEAL.
Section
15.349,
Code
2009,
is
repealed.
22
Sec.
334.
DEPARTMENTAL
PROGRAM
REVIEW
——
HOUSING
PROGRAMS.
23
1.
The
department
of
economic
development
and
the
Iowa
24
finance
authority
shall
conduct
a
joint
review
of
programs
25
administered
by
the
agencies
that
relate
to
housing,
including
26
all
such
federal
programs.
The
joint
review
of
programs
shall
27
include
a
review
of
all
federal
moneys
received
and
spent
on
28
housing
programs.
The
agencies
shall
identify
all
programs
29
that
are
duplicative
of
another
program
and
all
programs
that
30
have
purposes
similar
to
that
of
another
program.
31
2.
The
agencies
shall
produce
a
report
on
how
best
to
32
transfer
all
responsibilities
for
housing-related
programs
from
33
the
department
of
economic
development
to
the
Iowa
finance
34
authority.
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3.
By
September
1,
2010,
the
agencies
shall
submit
a
joint
1
written
report
to
the
governor,
the
department
of
management,
2
and
the
general
assembly
consisting
of
the
information
required
3
under
this
section,
a
complete
list
of
programs
reviewed
4
pursuant
to
this
section,
and
any
other
relevant
information.
5
DIVISION
XXII
6
AREA
EDUCATION
AGENCIES
7
Sec.
335.
Section
256.9,
Code
Supplement
2009,
is
amended
by
8
adding
the
following
new
subsection:
9
NEW
SUBSECTION
.
59.
Provide
guidance
and
standards
to
area
10
education
agencies
for
federal
and
state
education
initiatives
11
which
the
area
education
agencies
must
implement
statewide.
12
Sec.
336.
Section
273.2,
Code
Supplement
2009,
is
amended
by
13
adding
the
following
new
subsections:
14
NEW
SUBSECTION
.
8.
The
area
education
agency
board
shall
15
collaborate
with
the
department
of
education
to
provide
a
16
statewide
infrastructure
for
educational
data
to
create
cost
17
efficiencies,
provide
storage
and
disaster
mitigation,
and
18
improve
interconnectivity
between
schools
and
school
districts.
19
In
addition,
the
area
education
agency
boards
shall
work
20
with
the
department
to
provide
systemwide
coordination
in
21
the
implementation
of
the
statewide
longitudinal
data
system
22
consistent
with
the
federal
American
Recovery
and
Reinvestment
23
Act
of
2009.
The
area
education
agencies
shall
provide
support
24
to
school
districts’
information
technology
infrastructure
25
that
is
consistent
with
the
statewide
infrastructure
for
the
26
educational
data
collaborative.
27
NEW
SUBSECTION
.
9.
The
area
education
agency
boards
shall
28
jointly
develop
a
three-year
statewide
strategic
plan
that
29
supports
goals
adopted
by
the
state
board
of
education
pursuant
30
to
section
256.7,
subsection
4,
and
the
accreditation
standards
31
established
pursuant
to
section
256.11;
establish
performance
32
goals;
and
clearly
identify
the
statewide
efforts
to
improve
33
student
learning
and
create
efficiencies
in
management
34
operations
for
area
education
agencies
and
school
districts.
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The
statewide
strategic
plan
shall
be
approved
by
the
state
1
board
of
education.
The
area
education
agency
boards
shall
2
jointly
provide
the
state
board
with
annual
updates
on
the
3
performance
measures.
4
Sec.
337.
Section
273.8,
subsection
1,
Code
Supplement
5
2009,
is
amended
to
read
as
follows:
6
1.
Board
of
directors.
The
board
of
directors
of
an
area
7
education
agency
shall
consist
of
not
less
than
five
nor
more
8
than
nine
eleven
members,
each
a
resident
of
and
elected
in
9
the
manner
provided
in
this
section
from
a
director
district
10
that
is
approximately
equal
in
population
to
the
other
director
11
districts
in
the
area
education
agency.
An
area
education
12
agency
shall
consist
of
five
director
districts.
Each
13
director
shall
serve
a
four-year
term
which
commences
at
the
14
organization
meeting.
15
Sec.
338.
Section
273.8,
subsection
2,
paragraphs
b
and
c,
16
Code
Supplement
2009,
are
amended
to
read
as
follows:
17
b.
A
candidate
Candidates
for
election
to
the
area
education
18
agency
board
shall
be
nominated
by
the
boards
of
directors
of
19
the
school
districts
located
within
the
boundaries
of
the
area
20
education
agency.
Each
school
district
board
shall
file
a
21
statement
of
candidacy
for
each
candidate
nominated
with
the
22
area
education
agency
secretary
not
later
than
August
15
of
23
the
odd-numbered
year,
on
forms
prescribed
by
the
department
24
of
education.
The
statement
of
candidacy
shall
include
the
25
candidate’s
name,
address,
and
school
district.
The
list
of
26
candidates
shall
be
sent
by
the
secretary
of
the
area
education
27
agency
in
ballot
form
by
certified
mail
to
the
presidents
28
of
the
boards
of
directors
of
all
school
districts
within
29
the
director
district
not
later
than
September
1.
In
order
30
for
the
ballot
to
be
counted,
the
ballot
must
be
received
in
31
the
secretary’s
office
by
the
end
of
the
normal
business
day
32
on
September
30
or
be
clearly
postmarked
by
an
officially
33
authorized
postal
service
not
later
than
September
29
and
34
received
by
the
secretary
not
later
than
noon
on
the
first
35
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Monday
following
September
30.
1
c.
The
board
of
each
separate
school
district
that
is
2
located
entirely
or
partially
inside
an
area
education
agency
3
director
district
shall
cast
a
vote
for
director
of
the
area
4
education
agency
board
based
upon
the
ratio
that
the
population
5
of
the
school
district,
or
portion
of
the
school
district,
in
6
the
director
district
bears
to
the
total
population
in
the
7
director
district.
The
population
of
each
school
district
or
8
portion
shall
be
determined
by
the
department
of
education.
9
The
A
member
of
the
area
education
agency
board
to
be
elected
10
may
be
a
member
of
a
local
school
district
board
of
directors
11
and
shall
be
an
elector
and
a
resident
of
the
director
12
district
,
but
shall
not
be
a
school
district
employee
.
13
(1)
The
school
district
boards
of
each
director
district
14
shall
jointly
elect
two
members
to
the
eleven-member
board
15
of
directors
of
the
area
education
agency.
One
of
the
two
16
members
elected
in
each
director
district
shall
meet
one
of
the
17
following
criteria,
on
a
rotating
basis
with
all
of
the
other
18
director
districts,
as
coordinated
by
the
department:
19
(a)
A
superintendent.
20
(b)
A
principal.
21
(c)
A
teacher
who
does
not
hold
a
special
education
license
22
or
endorsement.
23
(d)
A
special
education
teacher.
24
(e)
A
parent
or
guardian
of
a
child
requiring
special
25
education
who
has
an
individualized
education
program
and
is
26
receiving
special
education
services
from
an
area
education
27
agency.
28
(2)
The
eleventh
member
of
the
board
of
directors
of
the
29
area
education
agency
shall
be
elected
by
the
authorities
in
30
charge
of
the
accredited
nonpublic
schools
located
within
the
31
boundaries
of
the
area
education
agency.
32
(3)
Notwithstanding
paragraph
“b”
,
the
initial
terms
of
the
33
directors
shall
be
determined
by
lot,
one
for
two
years,
and
34
two
for
four
years.
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Sec.
339.
Section
273.8,
subsection
3,
Code
Supplement
1
2009,
is
amended
to
read
as
follows:
2
3.
Director
district
convention.
If
no
candidate
3
files
statement
of
candidacy
is
filed
with
the
area
education
4
agency
secretary
by
the
deadline
specified
in
subsection
2,
5
or
a
vacancy
occurs,
or
the
statements
of
candidacy
filed
do
6
not
meet
the
specifications
of
subsection
2,
paragraph
“c”,
7
subparagraph
(1),
subparagraph
subdivisions
(a)
through
(e),
or
8
if
otherwise
required
as
provided
in
section
273.23,
subsection
9
3,
a
director
district
convention,
attended
by
members
of
the
10
boards
of
directors
of
the
local
school
districts
located
11
within
the
director
district,
shall
be
called
to
elect
a
12
board
member
for
that
director
district
in
accordance
with
13
the
intent
of
this
section
.
The
convention
location
shall
14
be
determined
by
the
area
education
agency
administrator.
15
Notice
of
the
time,
date,
and
place
of
a
director
district
16
convention
shall
be
published
by
the
area
education
agency
17
administrator
in
at
least
one
newspaper
of
general
circulation
18
in
the
director
district
at
least
thirty
days
prior
to
the
19
day
of
the
convention.
The
cost
of
publication
shall
be
20
paid
by
the
area
education
agency.
A
candidate
for
election
21
to
the
area
education
agency
board
shall
file
a
statement
22
of
candidacy
with
the
area
education
agency
secretary
at
23
least
ten
days
prior
to
the
date
of
the
director
district
24
convention
on
forms
prescribed
by
the
department
of
education,
25
or
nominations
may
be
made
at
the
convention
by
a
delegate
from
26
a
board
of
directors
of
a
school
district
located
within
the
27
director
district.
A
statement
of
candidacy
shall
include
the
28
candidate’s
name,
address,
and
school
district.
Delegates
to
29
director
district
conventions
shall
not
be
bound
by
a
school
30
board
or
any
school
board
member
to
pledge
their
votes
to
any
31
candidate
prior
to
the
date
of
the
convention.
32
Sec.
340.
Section
273.8,
subsection
6,
Code
Supplement
33
2009,
is
amended
by
striking
the
subsection.
34
Sec.
341.
Section
273.10,
subsection
2,
Code
Supplement
35
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2009,
is
amended
to
read
as
follows:
1
2.
Prior
to
a
visit
to
an
area
education
agency,
the
2
accreditation
team
shall
have
access
to
that
area
education
3
agency’s
program
audit
report
filed
with
the
department.
After
4
a
visit
to
an
area
education
agency,
the
accreditation
team
5
shall
determine
whether
the
accreditation
standards
for
a
6
program
,
including
but
not
limited
to
standards
established
7
pursuant
to
section
256.9,
subsection
59,
have
been
met
and
8
shall
make
a
report
to
the
director
and
the
state
board,
9
together
with
a
recommendation
as
to
whether
the
programs
of
10
the
area
education
agency
should
receive
initial
accreditation
11
or
remain
accredited.
The
accreditation
team
shall
report
12
strengths
and
weaknesses,
if
any,
for
each
accreditation
13
standard
and
shall
advise
the
area
education
agency
of
14
available
resources
and
technical
assistance
to
further
enhance
15
the
strengths
and
improve
areas
of
weakness.
An
area
education
16
agency
may
respond
to
the
accreditation
team’s
report.
17
Sec.
342.
Section
273.11,
subsection
2,
Code
2009,
is
18
amended
by
adding
the
following
new
paragraph:
19
NEW
PARAGRAPH
.
j.
Support
for
early
childhood
service
20
coordination
for
families
and
children
to
meet
health,
safety,
21
and
learning
needs.
22
Sec.
343.
Section
273.23,
subsection
1,
Code
2009,
is
23
amended
to
read
as
follows:
24
1.
A
petition
filed
under
section
273.21
shall
state
the
25
number
of
directors
on
the
initial
board
which
shall
be
either
26
seven
or
nine
eleven
directors.
The
petition
shall
specify
27
the
number
of
directors
to
be
retained
from
each
area,
and
28
those
numbers
shall
be
proportionate
to
the
populations
of
the
29
agencies.
If
the
proportionate
balance
of
directors
among
the
30
affected
agencies
specified
in
the
plan
is
affected
by
school
31
districts
petitioning
to
be
excluded
from
the
reorganization,
32
or
if
the
proposal
specified
in
the
plan
does
not
comply
with
33
the
requirement
for
proportionate
representation,
the
state
34
board
shall
modify
the
proposal.
However,
all
area
education
35
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agencies
affected
shall
retain
at
least
one
member.
1
Sec.
344.
Section
280.20,
subsection
3,
Code
2009,
is
2
amended
by
striking
the
subsection.
3
Sec.
345.
REPEAL.
Chapter
280A,
Code
and
Code
Supplement
4
2009,
is
repealed.
5
Sec.
346.
REPEAL.
Section
256.32,
Code
2009,
is
repealed.
6
Sec.
347.
DEPARTMENT
OF
EDUCATION
STUDY
OF
AREA
EDUCATION
7
AGENCY
FUNDING
AND
SERVICES.
The
department
of
education
shall
8
conduct
a
study
of
the
current
area
education
agency
funding
9
system
and
develop
alternative
proposals
for
funding
the
area
10
education
agency
system,
including
but
not
limited
to
proposals
11
for
a
line
item
appropriation
and
funding
that
does
not
rely
12
on
per
pupil
allocations
based
on
school
district
enrollments,
13
and
for
a
change
in
the
process
by
which
state
and
property
14
tax-generated
funds
flow
to
the
area
education
agencies.
The
15
department
shall
submit
its
findings
and
recommendations
in
a
16
report
to
the
general
assembly
by
December
15,
2010.
17
Sec.
348.
EFFECTIVE
AND
APPLICABILITY
DATE
PROVISIONS.
The
18
sections
of
this
division
of
this
Act
amending
sections
273.8,
19
273.10,
and
273.23
take
effect
January
1,
2011,
and
apply
to
20
elections
for
the
boards
of
directors
of
area
education
agency
21
boards
in
which
the
boundaries
for
the
director
districts
are
22
drawn
using
official
population
figures
from
the
2010
federal
23
decennial
census.
24
DIVISION
XXIII
25
EARLY
CHILDHOOD
IOWA
INITIATIVE
26
Sec.
349.
NEW
SECTION
.
256I.1
Definitions.
27
For
the
purposes
of
this
chapter,
unless
the
context
28
otherwise
requires:
29
1.
“Department”
means
the
department
of
education.
30
2.
“Desired
results”
means
the
set
of
desired
results
for
31
improving
the
quality
of
life
in
this
state
for
young
children
32
and
their
families
identified
in
section
256I.2.
33
3.
“Early
care”
,
“early
care
services”
,
or
“early
care
34
system”
means
the
programs,
services,
support,
or
other
35
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assistance
made
available
to
a
parent
or
other
person
who
is
1
involved
with
addressing
the
education,
health,
and
human
2
services
needs
of
a
child
from
zero
through
age
five.
“Early
3
care”
,
“early
care
services”
,
or
“early
care
system”
includes
4
but
is
not
limited
to
public
and
private
efforts
and
formal
and
5
informal
settings.
6
4.
“Early
childhood
Iowa
area”
means
a
geographic
area
7
designated
in
accordance
with
this
chapter.
8
5.
“Early
childhood
Iowa
area
board”
or
“area
board”
9
means
the
board
for
an
early
childhood
Iowa
area
created
in
10
accordance
with
this
chapter.
11
6.
“Early
childhood
Iowa
state
council”
or
“state
council”
12
means
the
early
childhood
Iowa
state
council
created
in
section
13
256I.3.
14
7.
“State
board”
means
the
state
board
of
education
15
established
in
section
256.3.
16
Sec.
350.
NEW
SECTION
.
256I.2
Desired
results
——
purpose
17
and
scope.
18
1.
The
early
childhood
Iowa
initiative
is
intended
to
19
implement
a
comprehensive
system
providing
statewide
early
care
20
services
and
other
support
for
young
children
from
zero
through
21
age
five.
It
is
intended
that
through
the
early
childhood
Iowa
22
initiative
every
community
and
school
district
in
Iowa
will
23
develop
the
capacity
and
commitment
for
using
local,
informed
24
decision
making
to
achieve
the
following
set
of
desired
results
25
for
improving
the
quality
of
life
in
this
state
for
young
26
children
and
their
families:
27
a.
Healthy
children.
28
b.
Children
ready
to
succeed
in
school.
29
c.
Safe
and
supportive
communities.
30
d.
Secure
and
nurturing
families.
31
e.
Secure
and
nurturing
early
learning
environments.
32
2.
The
purpose
of
creating
the
early
childhood
Iowa
33
initiative
is
to
empower
individuals,
communities,
and
state
34
level
partners
to
achieve
the
desired
results.
The
desired
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results
will
be
achieved
as
private
and
public
entities
work
1
collaboratively.
This
initiative
creates
a
partnership
between
2
communities
and
state
level
partners
to
support
children
zero
3
through
age
five
and
their
families.
The
role
of
the
the
4
state
board
and
the
department,
in
collaboration
with
area
5
boards,
and
other
state
and
local
government
agencies
is
to
6
provide
support,
leadership,
and
facilitation
of
the
growth
of
7
individual,
community,
and
state
responsibility
in
addressing
8
the
desired
results.
9
3.
To
achieve
the
desired
results,
the
initiative’s
primary
10
focus
shall
be
on
the
efforts
of
the
state
and
communities
to
11
work
together
to
improve
the
efficiency
and
effectiveness
of
12
early
care,
education,
health,
and
human
services
provided
to
13
families
with
children
from
zero
through
age
five.
14
4.
The
state
board
shall
adopt
rules
in
accordance
with
15
chapter
17A
as
necessary
to
implement
this
chapter.
16
Sec.
351.
NEW
SECTION
.
256I.3
Early
childhood
Iowa
state
17
council
created.
18
1.
The
early
childhood
Iowa
state
council
is
created
to
19
promote
the
provision
of
early
care,
education,
health,
and
20
human
services
to
families
with
children
from
zero
through
age
21
five.
The
state
council
shall
serve
as
an
advisory
body
to
the
22
state
board
and
the
department.
23
2.
a.
The
state
council
shall
consist
of
nine
voting
24
members
with
three
citizen
members
and
six
state
agency
25
members.
A
citizen
member
shall
not
be
an
elected
official,
26
public
employee,
or
paid
staff
member
of
an
agency
receiving
27
funding
through
the
early
childhood
Iowa
initiative.
The
six
28
state
agency
members
shall
be
the
directors
or
their
designee
29
of
the
following
departments:
economic
development,
education,
30
human
rights,
human
services,
public
health,
and
workforce
31
development.
The
designees
of
state
agency
directors
shall
32
be
selected
on
an
annual
basis.
The
citizen
members
shall
33
be
appointed
by
the
governor,
subject
to
confirmation
by
the
34
senate.
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b.
The
governor’s
citizen
member
appointees
shall
be
1
selected
from
individuals
nominated
by
early
childhood
Iowa
2
area
boards,
school
boards,
or
area
education
agencies.
The
3
term
of
office
of
the
citizen
members
is
three
years.
A
4
citizen
member
vacancy
on
the
state
council
shall
be
filled
in
5
the
same
manner
as
the
original
appointment
for
the
balance
of
6
the
unexpired
term.
7
3.
Citizen
members
shall
be
reimbursed
for
actual
and
8
necessary
expenses
incurred
in
performance
of
their
duties.
9
Citizen
members
shall
be
paid
a
per
diem
as
specified
in
10
section
7E.6.
11
4.
In
addition
to
the
voting
members,
the
state
council
12
shall
include
four
members
of
the
general
assembly
with
not
13
more
than
one
member
from
each
chamber
being
from
the
same
14
political
party.
The
two
senators
shall
be
appointed
one
each
15
by
the
majority
leader
of
the
senate
and
by
the
minority
leader
16
of
the
senate.
The
two
representatives
shall
be
appointed
one
17
each
by
the
speaker
of
the
house
of
representatives
and
by
the
18
minority
leader
of
the
house
of
representatives.
Legislative
19
members
shall
serve
in
an
ex
officio,
nonvoting
capacity.
A
20
legislative
member
is
eligible
for
per
diem
and
expenses
as
21
provided
in
section
2.10.
22
5.
The
governor
shall
select
a
chairperson
from
the
state
23
council’s
voting
members.
The
state
council
may
select
other
24
officers
from
the
voting
members
as
determined
to
be
necessary
25
by
the
state
council.
The
state
council
shall
meet
regularly
26
as
determined
by
the
state
council,
upon
the
call
of
the
state
27
council’s
chairperson,
or
upon
the
call
of
a
majority
of
voting
28
members.
The
council
shall
meet
at
least
quarterly.
29
6.
Staffing
for
the
state
council
shall
be
provided
by
the
30
department.
31
Sec.
352.
NEW
SECTION
.
256I.4
Early
childhood
Iowa
state
32
council,
department,
and
state
board
of
education
duties.
33
The
state
council
shall
perform
the
following
duties:
34
1.
Assist
the
department
in
providing
oversight
of
early
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childhood
Iowa
areas.
1
2.
Assist
the
department
in
managing
and
coordinating
the
2
provision
of
grant
funding
and
other
moneys
made
available
to
3
early
childhood
Iowa
areas
by
combining
all
or
portions
of
4
appropriations
or
other
revenues
as
authorized
by
law.
5
3.
Provide
recommendations
for
use
by
the
state
board
6
in
approving
the
boundaries
for
the
early
childhood
Iowa
7
areas
throughout
the
state
and
any
proposed
changes
to
the
8
boundaries.
9
4.
Assist
the
state
board
and
department
in
developing
a
10
strategic
plan
for
a
comprehensive
system
of
early
childhood
11
services
and
other
support.
The
strategic
plan
shall
be
12
annually
updated
and
disseminated
to
the
public.
Specific
13
items
to
be
addressed
in
the
strategic
plan
shall
include
but
14
are
not
limited
to
all
of
the
following:
15
a.
Provisions
to
strengthen
the
state
structure
including
16
interagency
levels
of
collaboration,
coordination,
and
17
integration.
18
b.
Provisions
for
building
public-private
partnerships.
19
c.
Provisions
to
support
consolidating,
blending,
and
20
redistributing
state-administered
funding
streams
and
the
21
coordination
of
federal
funding
streams.
The
strategic
22
plan
shall
also
address
integration
of
services
provided
23
through
area
boards,
school
districts,
other
state
and
local
24
commissions,
committees,
and
other
bodies
with
overlapping
25
and
similar
purposes
which
contribute
to
redundancy
and
26
fragmentation
in
early
childhood
services
and
other
support
27
programs
provided
to
the
public.
28
d.
Provisions
for
improving
the
efficiency
of
working
with
29
federally
mandated
bodies.
30
e.
Identification
of
indicators
that
measure
the
success
of
31
the
various
strategies
that
impact
communities,
families,
and
32
children.
The
indicators
shall
be
developed
with
input
from
33
area
boards
and
early
childhood
stakeholders.
34
5.
Provide
input
for
use
by
the
state
board
in
adopting
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common
performance
measures
and
data
for
services,
programs,
1
and
activities
provided
by
area
boards.
Data
from
common
2
performance
measures
shall
be
incorporated
in
the
annual
3
reporting
required
of
the
state
board
and
the
department.
4
6.
Provide
input
for
use
by
the
department
and
by
the
state
5
board
in
adopting
a
levels
of
excellence
rating
system.
The
6
rating
system
shall
be
incorporated
in
the
review
and
approval
7
process
utilized
for
area
boards
and
the
areas
being
served.
8
The
rating
system
and
process
shall
allow
for
flexibility
9
and
creativity
of
area
boards
in
implementing
area
board
10
responsibilities
and
provide
authority
for
the
area
boards
to
11
support
the
communities
in
the
areas
served.
The
levels
of
12
excellence
rating
system
shall
utilize
a
tiered
approach
for
13
recognizing
the
performance
of
an
area
board.
The
system
shall
14
provide
for
action
to
address
poor
performing
areas
as
well
as
15
higher
performing
areas.
If
an
area
board
achieves
the
highest
16
rating
level,
the
state
board
shall
allow
special
flexibility
17
provisions
in
regard
to
the
funding
appropriated
or
allocated
18
for
that
area
board.
The
state
board
may
determine
how
often
19
area
boards
are
reviewed
under
the
system.
20
7.
Develop
guidelines
for
recommended
insurance
or
other
21
liability
coverage
and
take
other
actions
to
assist
area
boards
22
in
acquiring
such
coverage
at
a
reasonable
cost.
Moneys
23
expended
by
an
area
board
to
acquire
necessary
insurance
or
24
other
liability
coverage
shall
be
considered
an
administrative
25
cost.
26
8.
Promote
the
alignment
of
state
agencies
involved
27
with
early
childhood
services
with
the
strategic
plan
for
a
28
comprehensive
system
of
early
childhood
services
and
other
29
support.
30
9.
Work
with
the
bureau
of
early
childhood
services
31
in
building
public-private
partnerships
for
promoting
the
32
comprehensive
system
of
early
childhood
services
and
other
33
support.
34
10.
Support
the
coordination
of
information
concerning
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early
childhood
services
and
other
support
on
the
department’s
1
internet
site.
2
Sec.
353.
NEW
SECTION
.
256I.5
Bureau
of
early
childhood
3
services.
4
In
consultation
with
the
state
council,
the
department
shall
5
establish
a
bureau
of
early
childhood
services.
The
functions
6
of
the
bureau
shall
include
but
are
not
limited
to
all
of
the
7
following:
8
1.
Develop
a
definition
of
at-risk
children
for
the
purposes
9
of
this
chapter.
The
definition
shall
include
income,
family
10
structure,
the
child’s
level
of
development,
and
availability
11
or
accessibility
for
the
child
of
a
head
start
or
other
child
12
care
program
as
criteria.
13
2.
Establish
minimum
guidelines
for
comprehensive
early
14
care
and
early
child
development
services
for
at-risk
children
15
from
zero
through
age
five.
The
guidelines
shall
reflect
16
current
research
findings
on
the
necessary
components
for
17
cost-effective
child
development
services.
18
3.
At
least
biennially,
develop
an
inventory
of
child
19
development
services
provided
to
at-risk
children
from
zero
20
through
age
five
in
this
state
and
identify
the
number
of
21
children
receiving
and
not
receiving
these
services,
the
types
22
of
programs
under
which
the
services
are
received,
the
degree
23
to
which
each
program
meets
the
department’s
minimum
guidelines
24
for
a
comprehensive
program,
and
the
reasons
children
not
25
receiving
the
services
are
not
being
served.
The
bureau
is
26
not
required
to
conduct
independent
research
in
developing
the
27
inventory,
but
shall
determine
information
needs
necessary
to
28
provide
a
more
complete
inventory.
29
4.
a.
Subject
to
the
availability
of
funds
appropriated
30
or
otherwise
available
for
the
purpose
of
providing
child
31
development
services,
award
grants
for
programs
that
provide
32
new
or
additional
child
development
services
to
at-risk
33
children.
34
b.
In
awarding
program
grants
to
an
agency
or
individual,
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the
bureau
shall
consider
the
following:
1
(1)
The
quality
of
the
staff
and
staff
background
in
child
2
development
services.
3
(2)
The
degree
to
which
the
program
is
or
will
be
integrated
4
with
existing
community
resources
and
has
the
support
of
the
5
local
community.
6
(3)
The
ability
of
the
program
to
provide
for
child
care
7
in
addition
to
child
development
services
for
families
needing
8
full-day
child
care.
9
(4)
A
staff-to-children
ratio
within
the
guidelines
10
established
under
subsection
2,
but
not
less
than
one
staff
11
member
per
eight
children.
12
(5)
The
degree
to
which
the
program
involves
and
works
with
13
the
parents,
and
includes
home
visits,
instruction
for
parents
14
on
parenting
skills,
on
enhancement
of
skills
in
providing
for
15
their
children’s
learning
and
development,
and
the
physical,
16
mental,
and
emotional
development
of
children,
and
experiential
17
education.
18
(6)
The
manner
in
which
health,
medical,
dental,
and
19
nutrition
services
are
incorporated
into
the
program.
20
(7)
The
degree
to
which
the
program
complements
existing
21
programs
and
services
for
at-risk
children
from
zero
through
22
age
five
available
in
the
area,
including
other
child
care
23
services,
services
provided
through
the
school
district,
and
24
services
available
through
area
education
agencies
and
early
25
childhood
Iowa
areas.
26
(8)
The
degree
to
which
the
program
can
be
monitored
and
27
evaluated
to
determine
its
ability
to
meet
its
goals.
28
(9)
The
provision
of
transportation
or
other
auxiliary
29
services
that
may
be
necessary
for
families
to
participate
in
30
the
program.
31
(10)
The
provision
of
staff
training
and
development,
and
32
staff
compensation
sufficient
to
assure
continuity.
33
c.
Program
grants
funded
under
this
subsection
may
integrate
34
children
not
meeting
at-risk
criteria
into
the
program
and
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shall
establish
a
fee
for
participation
in
the
program
in
the
1
manner
provided
in
section
279.49,
but
grant
funds
shall
not
be
2
used
to
pay
the
costs
for
those
children.
3
5.
a.
Encourage
the
submission
of
grant
requests
from
all
4
potential
providers
of
early
care
and
early
childhood
services
5
and
shall
be
flexible
in
evaluating
grants,
recognizing
that
6
different
types
of
programs
may
be
suitable
for
different
7
locations
in
the
state.
However,
requests
for
grants
must
8
contain
a
procedure
for
evaluating
the
effectiveness
of
9
the
program
and
accounting
procedures
for
monitoring
the
10
expenditure
of
grant
moneys.
11
b.
The
bureau
shall
seek
to
use
performance-based
measures
12
to
evaluate
programs.
Not
more
than
five
percent
of
any
state
13
funds
appropriated
for
child
development
purposes
may
be
used
14
for
administration
and
evaluation.
15
6.
Subject
to
a
decision
by
the
state
board
to
initiate
the
16
programs,
develop
criteria
for
and
award
grants
under
section
17
279.51,
subsection
2.
18
7.
Work
to
align
the
early
childhood
programs
and
other
19
support
addressed
by
this
chapter
with
the
federally
funded
20
early
childhood
programs
and
the
statewide
preschool
program
21
for
four-year-old
children
implemented
pursuant
to
chapter
22
256C.
23
8.
Work
with
area
boards,
school
districts,
area
education
24
agencies,
and
other
state
agencies
to
provide
leadership
for
25
development
of
the
comprehensive
early
childhood
system.
The
26
leadership
functions
shall
include
but
are
not
limited
to
all
27
of
the
following:
28
a.
Develop
and
keep
current
memoranda
of
understanding
29
between
the
state
agencies
represented
on
the
state
council
to
30
promote
development
and
integration
of
the
comprehensive
early
31
childhood
system
and
to
clarify
the
roles
and
responsibilities
32
of
those
agencies.
33
9.
The
center
shall
work
with
the
state
and
area
boards
to
34
provide
leadership
for
comprehensive
system
development.
The
35
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center
shall
also
do
all
of
the
following:
1
a.
Enter
into
memoranda
of
agreement
with
the
departments
of
2
economic
development,
education,
human
rights,
human
services,
3
public
health,
and
workforce
development
to
formalize
the
4
respective
departments’
commitments
to
collaborating
with
and
5
integrating
a
comprehensive
early
care,
education,
health,
6
and
human
services
system.
Items
addressed
in
the
memoranda
7
shall
include
but
are
not
limited
to
data
sharing
and
providing
8
staffing
to
the
technical
assistance
team.
9
b.
Work
with
private
businesses,
foundations,
and
nonprofit
10
organizations
to
develop
sustained
funding.
11
c.
Maintain
the
internet
site
in
accordance
with
section
12
256I.10.
13
d.
Provide
technical
support
to
the
state
and
area
boards
14
and
to
the
early
childhood
Iowa
areas
through
staffing
services
15
made
available
through
the
state
agencies
that
serve
on
the
16
state
council.
17
e.
Develop,
collect,
disseminate,
and
provide
guidance
for
18
common
performance
measures
for
the
programs
receiving
funding
19
under
the
auspices
of
the
area
boards.
20
f.
If
a
disagreement
arises
within
an
early
childhood
Iowa
21
area
regarding
the
interests
represented
on
the
area’s
board,
22
board
decisions,
or
other
disputes
that
cannot
be
locally
23
resolved,
upon
request,
provide
technical
assistance
to
assist
24
the
area
in
resolving
the
disagreement.
25
g.
Adopt
a
system
of
program
and
fiscal
accountability
26
and
transparency
for
early
childhood
services
programming.
The
27
bureau
shall
ensure
that
early
childhood
Iowa
areas
and
boards
28
are
accountable
for
the
expectations
and
requirements
of
this
29
chapter
and
any
administrative
rules
adopted
to
support
the
30
implementation
of
this
chapter.
31
h.
In
collaboration
with
the
state
council,
develop
a
32
resource
directory
of
parent
involvement
programs
to
assist
33
district
and
early
childhood
Iowa
areas
in
planning
family
34
support
programs.
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Sec.
354.
NEW
SECTION
.
256I.6
Early
childhood
Iowa
areas.
1
1.
The
purpose
of
an
early
childhood
Iowa
area
is
to
enable
2
local
citizens
to
lead
collaborative
efforts
involving
early
3
care,
education,
health,
and
human
services
on
behalf
of
4
the
children,
families,
and
other
citizens
residing
in
the
5
area.
Leadership
functions
may
include
but
are
not
limited
6
to
strategic
planning
for
and
oversight
and
managing
of
such
7
programs
and
the
funding
made
available
to
the
early
childhood
8
Iowa
area
for
such
programs
from
federal,
state,
local,
and
9
private
sources.
The
focus
of
the
area
shall
be
to
achieve
the
10
desired
results
and
to
improve
other
results
for
families
with
11
young
children.
12
2.
An
early
childhood
Iowa
area
shall
be
designated
by
using
13
existing
county
boundaries
to
the
extent
possible.
14
3.
The
designation
of
an
early
childhood
Iowa
area
15
boundaries
and
the
creation
of
an
area
board
are
both
subject
16
to
the
approval
of
the
department.
The
department
shall
17
determine
if
a
proposed
area
board
can
efficiently
and
18
effectively
administer
the
responsibilities
and
authority
of
19
the
area
to
be
served.
The
department
may
apply
additional
20
criteria
for
designating
areas
and
approving
area
boards,
but
21
shall
apply
all
of
the
following
minimum
criteria:
22
a.
An
area
cannot
encompass
more
than
four
counties.
23
b.
The
counties
encompassing
a
multicounty
area
must
have
24
contiguous
borders.
25
c.
A
single
county
area
shall
have
a
minimum
population
26
of
children
zero
through
age
five
in
excess
of
five
thousand,
27
based
on
the
most
recent
population
estimates
issued
by
the
28
United
States
bureau
of
the
census.
29
4.
If
the
department
determines
exceptional
circumstances
30
exist,
the
department
may
waive
any
of
the
criteria
otherwise
31
specified
in
subsection
3.
32
Sec.
355.
NEW
SECTION
.
256I.7
Early
childhood
Iowa
area
33
boards
created.
34
1.
a.
The
early
childhood
Iowa
functions
for
an
area
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shall
be
performed
under
the
authority
of
an
early
childhood
1
Iowa
area
board.
The
membership
of
an
area
board
shall
2
consist
of
elected
officials
in
the
area
and
citizen
members
3
who
reside
in
the
area.
A
citizen
member
shall
not
be
an
4
employee
of
or
otherwise
represent
education,
health,
or
5
human
services
agencies
or
be
a
paid
staff
member
of
an
6
agency
receiving
funding
through
the
early
childhood
Iowa
7
initiative.
In
addition,
the
membership
of
an
area
board
shall
8
include
representation
from
education,
health,
human
services,
9
business,
and
faith
interests,
and
at
least
one
parent,
10
grandparent,
or
guardian
of
a
child
from
zero
through
age
five.
11
The
education,
health,
and
human
services
agencies
represented
12
on
an
area
board
may
receive
funding
from
the
area
board.
13
b.
Terms
of
office
of
area
board
members
shall
be
not
more
14
than
three
years
and
the
terms
shall
be
staggered.
15
2.
An
area
board
may
designate
an
advisory
council
16
consisting
of
persons
employed
by
or
otherwise
paid
to
17
represent
an
entity
listed
in
subsection
1
or
other
provider
18
of
service.
19
3.
An
area
board
shall
elect
a
chairperson
from
among
the
20
members
who
are
citizens
or
elected
officials.
21
4.
An
area
board
is
a
unit
of
local
government
for
purposes
22
of
chapter
670,
relating
to
tort
liability
of
governmental
23
subdivisions.
For
purposes
of
implementing
a
formal
24
organizational
structure,
an
area
board
may
utilize
recommended
25
guidelines
and
bylaws
established
for
this
purpose
by
the
state
26
board
or
the
department.
27
5.
All
meetings
of
an
area
board
or
any
committee
or
other
28
body
established
by
an
area
board
at
which
public
business
29
is
discussed
or
formal
action
taken
shall
comply
with
the
30
requirements
of
chapter
21.
An
area
board
shall
maintain
its
31
records
in
accordance
with
chapter
22.
32
Sec.
356.
NEW
SECTION
.
256I.8
Early
childhood
Iowa
area
33
board
duties.
34
1.
An
early
childhood
Iowa
area
board
shall
do
all
of
the
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following:
1
a.
Designate
an
area
education
agency
to
be
the
fiscal
2
agent
for
grant
moneys
or
other
moneys
administered
by
the
area
3
board.
4
b.
Administer
early
childhood
Iowa
grant
moneys
available
5
from
the
state
to
the
area
board
as
provided
by
law
and
other
6
federal,
state,
local,
and
private
moneys
made
available
to
7
the
area
board.
Eligibility
for
receipt
of
early
childhood
8
Iowa
grant
moneys
shall
be
limited
to
those
early
childhood
9
area
boards
that
have
developed
an
approved
community
plan
in
10
accordance
with
this
chapter.
An
early
childhood
area
board
11
may
apply
to
the
department
for
any
private
moneys
received
12
by
the
early
childhood
Iowa
initiative
outside
of
a
state
13
appropriation.
14
c.
Develop
a
comprehensive
community
plan
for
providing
15
services
for
children
from
zero
through
age
five.
At
a
16
minimum,
the
plan
shall
do
all
of
the
following:
17
(1)
Describe
community
and
area
needs
for
children
from
zero
18
through
age
five
as
identified
through
ongoing
assessments.
19
(2)
Describe
the
current
and
desired
levels
of
community
20
and
area
coordination
of
services
for
children
from
zero
21
through
age
five,
including
the
involvement
and
specific
22
responsibilities
of
all
related
organizations
and
entities.
23
(3)
Identify
all
federal,
state,
local,
and
private
funding
24
sources
including
funding
estimates
available
in
the
early
25
childhood
Iowa
area
that
will
be
used
to
provide
services
to
26
children
from
zero
through
age
five.
27
(4)
Describe
how
funding
sources
will
be
used
28
collaboratively
and
the
degree
to
which
the
sources
can
be
29
combined
to
provide
necessary
services
to
young
children
and
30
their
families.
31
(5)
Identify
the
desired
results
and
the
community-wide
32
indicators
the
area
board
expects
to
address
through
33
implementation
of
the
comprehensive
community
plan.
The
34
plan
shall
identify
community-specific
and
state-specific,
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quantifiable
performance
measures
to
be
reported
in
the
area
1
board’s
annual
report
and
how
the
community
plan
integrates
2
with
the
strategic
plan
developed
by
the
state
board
and
the
3
department.
4
(6)
Describe
the
current
status
of
support
services
to
5
prevent
the
spread
of
infectious
diseases,
prevent
child
6
injuries,
develop
health
emergency
protocols,
help
with
7
medication,
and
care
for
children
with
special
health
needs
8
that
are
being
provided
to
child
care
facilities
registered
or
9
licensed
under
chapter
237A
within
the
early
childhood
Iowa
10
area.
11
d.
Submit
an
annual
report
on
the
effectiveness
of
the
12
community
plan
in
addressing
school
readiness
and
children’s
13
health
and
safety
needs
to
the
department
and
to
the
14
local
stakeholders.
The
annual
report
shall
indicate
the
15
effectiveness
of
the
area
board
in
addressing
state
and
locally
16
determined
goals
and
performance
indicators.
17
e.
Function
as
a
coordinating
body
for
services
offered
18
by
different
entities
directed
to
similar
purposes
within
the
19
area.
20
f.
Assume
other
responsibilities
established
by
law
or
21
administrative
rule.
22
2.
An
area
board
may
do
any
of
the
following:
23
a.
Designate
one
or
more
committees
to
assist
with
area
24
board
functions.
25
b.
Utilize
community
bodies
for
input
to
the
area
board
and
26
implementation
of
services.
27
Sec.
357.
NEW
SECTION
.
256I.9
Family
support
programs.
28
1.
a.
The
board
of
directors
of
each
school
district
may
29
develop,
offer,
and
promote
a
program
which
provides
outreach
30
and
incentives
for
the
voluntary
participation
of
expectant
31
parents
and
parents
of
children
in
the
period
of
life
from
zero
32
through
age
five,
who
reside
within
district
boundaries,
in
33
educational
family
support
and
parent
education
experiences
34
designed
to
assist
parents
in
learning
about
the
health
needs
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and
physical,
mental,
social,
and
emotional
development
of
1
their
children.
The
program
shall
be
offered
in
a
flexible
2
manner
to
accommodate
the
varying
schedules,
meeting
place
3
requirements,
and
other
needs
of
working
parents.
The
program
4
shall
include
home
visitation.
A
board
may
contract
with
5
another
school
district
or
public
or
private
nonprofit
agency
6
for
provision
of
the
approved
program
or
program
site.
7
b.
A
family
support
program
shall
meet
multicultural
gender
8
fair
guidelines.
The
program
shall
encourage
parents
to
be
9
aware
of
practices
that
may
affect
equitable
development
of
10
children.
The
program
shall
include
parents
in
the
planning,
11
implementation,
and
evaluation
of
the
program.
A
program
12
shall
be
designed
to
meet
the
needs
of
the
residents
of
the
13
participating
district
and
may
use
unique
approaches
to
provide
14
for
those
needs.
The
goals
of
a
family
support
program
shall
15
include
but
are
not
limited
to
the
following:
16
(1)
Family
involvement
as
a
key
component
of
school
17
improvement
with
an
emphasis
on
communication
and
active
family
18
participation
in
family
support
programming.
19
(2)
Family
participation
in
the
planning
and
20
decision-making
process
for
the
program
and
encouragement
of
21
long-term
parental
involvement
in
their
children’s
education.
22
(3)
Meeting
the
educational
and
developmental
needs
of
23
expectant
parents
and
parents
of
young
children.
24
(4)
Developmentally
appropriate
activities
for
children
25
that
include
those
skills
necessary
for
adaptation
to
both
the
26
home
and
school
environments.
27
(5)
Addressing
the
health
needs
and
social
development
of
28
young
children.
29
2.
The
department
shall
develop
guidelines
for
family
30
support
programs.
Program
components
may
include
but
are
not
31
limited
to
all
of
the
following:
32
a.
Instruction,
techniques,
and
materials
designed
to
33
educate
parents
about
the
physical,
mental,
character,
and
34
emotional
development
of
children.
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b.
Instruction,
techniques,
and
materials
designed
to
1
enhance
the
skills
of
parents
in
assisting
in
their
children’s
2
learning
and
development.
3
c.
Assistance
to
parents
about
learning
experiences
for
both
4
children
and
parents.
5
d.
Activities,
such
as
developmental
screenings,
designed
to
6
detect
children’s
physical,
mental,
emotional,
or
behavioral
7
problems
that
may
cause
learning
problems
and
referrals
to
8
appropriate
agencies,
authorities,
or
service
providers.
9
e.
Activities
and
materials
designed
to
encourage
parents’
10
and
children’s
self-esteem
and
to
enhance
parenting
skills
and
11
both
parents’
and
children’s
appreciation
of
the
benefits
of
12
education.
13
f.
Information
on
related
community
resources,
programs,
or
14
activities.
15
g.
Role
modeling
and
mentoring
techniques
for
families
16
of
children
who
meet
one
or
more
of
the
criteria
established
17
for
the
definition
of
at-risk
children
by
the
bureau
of
early
18
childhood
services.
19
3.
Family
support
programs
shall
be
provided
by
family
20
support
program
educators
who
have
completed
a
minimum
of
21
thirty
clock
hours
of
an
approved
family
support
preservice
22
or
in-service
training
program
and
meet
one
of
the
following
23
requirements:
24
a.
The
family
support
program
educator
is
licensed
in
25
elementary
education,
early
childhood
education,
early
26
childhood
special
education,
home
economics,
or
consumer
27
and
homemaking
education,
or
is
licensed
or
certified
in
28
occupational
child
care
services
and
has
demonstrated
an
29
ability
to
work
with
young
children
and
their
parents.
30
b.
The
family
support
program
educator
has
achieved
child
31
development
associate
recognition
in
early
childhood
education,
32
has
completed
programming
in
child
development
and
nursing,
and
33
has
demonstrated
an
ability
to
work
with
young
children
and
34
their
parents.
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c.
The
family
support
program
educator
has
completed
sixty
1
college
credit
hours
and
possesses
two
years
of
experience
in
a
2
program
working
with
young
children
and
their
parents.
3
d.
The
family
support
program
educator
possesses
five
years
4
of
experience
in
a
program
working
with
young
children
and
5
their
parents.
6
4.
Each
district
shall
maintain
a
separate
account
within
7
the
district
budget
for
moneys
allocated
for
family
support
8
programs.
A
district
may
receive
moneys
from
state
and
federal
9
sources,
and
may
solicit
funds
from
private
sources,
for
10
deposit
into
the
account.
11
5.
A
district
shall
coordinate
a
family
support
program
with
12
district
special
education
and
vocational
education
programs
13
and
with
any
related
services
or
programs
provided
by
other
14
state,
federal,
or
private
nonprofit
agencies.
15
Sec.
358.
NEW
SECTION
.
256I.10
School
ready
children
grant
16
program.
17
1.
The
department
shall
develop
and
promote
a
school
ready
18
children
grant
program
which
shall
provide
for
all
of
the
19
following
components:
20
a.
Identify
the
performance
measures
that
will
be
used
to
21
assess
the
effectiveness
of
the
school
ready
children
grants.
22
b.
Identify
guidelines
and
a
process
to
be
used
for
23
determining
the
readiness
of
an
early
childhood
Iowa
area
board
24
for
administering
a
school
ready
children
grant.
25
c.
Provide
for
technical
assistance
concerning
funding
26
sources,
program
design,
and
other
pertinent
areas.
27
2.
The
department
shall
provide
maximum
flexibility
to
28
grantees
for
the
use
of
the
grant
moneys
included
in
a
school
29
ready
children
grant.
30
3.
A
school
ready
children
grant
shall,
to
the
extent
31
possible,
be
used
to
support
programs
that
meet
quality
32
standards
identified
in
administrative
rule
adopted
by
the
33
state
board.
At
a
minimum,
a
grant
shall
be
used
to
provide
all
34
of
the
following:
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a.
Preschool
services
provided
on
a
voluntary
basis
to
1
children
deemed
at
risk.
2
b.
Family
support
services
and
parent
education
programs
3
promoted
to
parents
of
children
from
zero
through
age
five.
4
Family
support
services
shall
include
but
are
not
limited
to
5
home
visitation.
6
c.
Other
services
to
support
the
strategic
plan
developed
by
7
the
state
board
and
department.
8
4.
a.
A
school
ready
children
grant
shall
be
awarded
to
9
an
area
board
annually,
as
funding
is
available.
Receipt
of
10
continued
funding
is
subject
to
submission
of
the
required
11
annual
report
and
the
department’s
determination
that
the
area
12
board
is
measuring,
through
the
use
of
performance
measures
13
and
community-wide
indicators
developed
by
the
department
with
14
input
from
area
boards,
progress
toward
and
is
achieving
the
15
desired
results
and
other
results
identified
in
the
community
16
plan.
Each
area
board
shall
participate
in
the
levels
of
17
excellence
rating
system
to
measure
the
area’s
success.
If
the
18
use
of
performance
measures
and
community-wide
indicators
does
19
not
show
that
an
area
board
has
made
progress
toward
achieving
20
the
results
identified
in
the
community
plan,
the
department
21
may
request
a
plan
of
corrective
action,
withhold
any
increase
22
in
funding,
or
withdraw
grant
funding.
23
b.
The
department
shall
distribute
school
ready
children
24
grant
moneys
to
area
boards
with
approved
comprehensive
25
community
plans
based
upon
a
determination
of
an
early
26
childhood
Iowa
area’s
readiness
to
effectively
utilize
the
27
grant
moneys.
The
grant
moneys
shall
be
adjusted
for
other
28
federal
and
state
grant
moneys
to
be
received
by
the
area
for
29
services
to
children
from
zero
through
age
five.
30
c.
An
area
board’s
readiness
shall
be
determined
by
31
evidence
of
successful
collaboration
among
public
and
private
32
early
care,
education,
health,
and
human
services
interests
33
in
the
area
or
a
documented
program
design
that
supports
a
34
strong
likelihood
of
a
successful
collaboration
between
these
35
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interests.
Other
criteria
which
may
be
used
by
the
department
1
to
determine
readiness
and
evaluate
the
funding
flexibility
for
2
an
area
include
one
or
more
of
the
following:
3
(1)
The
levels
of
excellence
rating
received
by
the
area.
4
(2)
Experience
or
other
evidence
of
the
area’s
capacity
to
5
successfully
implement
the
services
in
the
area’s
community
6
plan.
7
(3)
Local
public
and
private
funding
and
other
resources
8
committed
to
implementation
of
the
community
plan.
9
(4)
The
adequacy
of
plans
for
commitment
of
local
funding
10
and
other
resources
for
implementation
of
the
community
plan.
11
d.
The
provisions
for
distribution
of
school
ready
children
12
grant
moneys
shall
be
determined
by
the
department.
13
e.
The
amount
of
school
ready
children
grant
funding
an
area
14
board
may
carry
forward
from
one
fiscal
year
to
the
succeeding
15
fiscal
year
shall
not
exceed
twenty
percent
of
the
grant
amount
16
for
the
fiscal
year.
All
of
the
school
ready
children
grant
17
funds
received
by
an
area
board
for
a
fiscal
year
which
remain
18
unencumbered
or
unobligated
at
the
close
of
a
fiscal
year
shall
19
be
carried
forward
to
the
succeeding
fiscal
year.
However,
the
20
grant
amount
for
the
succeeding
fiscal
year
shall
be
reduced
21
by
the
amount
in
excess
of
twenty
percent
of
the
grant
amount
22
received
for
the
fiscal
year.
23
Sec.
359.
NEW
SECTION
.
256I.11
Early
childhood
Iowa
24
internet
site.
25
1.
The
department
shall
provide
for
the
operation
of
an
26
internet
site
for
purposes
of
widely
distributing
information
27
regarding
early
care,
education,
health,
and
human
services
28
and
other
information
provided
by
the
departments
represented
29
on
the
state
council
and
the
public
and
private
agencies
30
addressing
the
comprehensive
system
for
such
services.
31
2.
Information
provided
on
the
internet
site
shall
include
32
but
is
not
limited
to
all
of
the
following:
33
a.
Information
about
the
early
childhood
Iowa
initiative
for
34
state
and
local
use.
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b.
A
link
to
a
special
internet
site
directed
to
parents,
1
including
parent-specific
information
on
early
care,
education,
2
health,
and
human
services
and
links
to
other
resources
3
available
on
the
internet
and
from
other
sources.
4
c.
Program
standards
for
early
care,
education,
health,
and
5
human
services
that
have
been
approved
by
state
agencies.
6
3.
The
department
shall
provide
information
regarding
the
7
extent
and
frequency
of
usage
of
the
internet
site
or
sites
in
8
the
department’s
annual
reporting
to
the
governor
and
general
9
assembly.
10
Sec.
360.
NEW
SECTION
.
256I.12
Early
childhood
Iowa
fund.
11
1.
An
early
childhood
Iowa
fund
is
created
in
the
state
12
treasury.
The
moneys
credited
to
the
fund
are
not
subject
to
13
section
8.33
and
moneys
in
the
fund
shall
not
be
transferred,
14
used,
obligated,
appropriated,
or
otherwise
encumbered
except
15
as
provided
by
law.
Notwithstanding
section
12C.7,
subsection
16
2,
interest
or
earnings
on
moneys
deposited
in
the
fund
shall
17
be
credited
to
the
fund.
18
2.
A
school
ready
children
grants
account
is
created
in
the
19
fund
under
the
authority
of
the
director
of
the
department
of
20
education.
Moneys
credited
to
the
account
shall
be
distributed
21
by
the
department
in
the
form
of
grants
to
early
childhood
Iowa
22
areas
pursuant
to
criteria
established
by
the
department
in
23
accordance
with
law.
24
3.
Unless
a
different
amount
is
authorized
by
law,
up
25
to
five
percent
of
the
school
ready
children
grant
moneys
26
distributed
to
an
area
board
may
be
used
by
the
area
board
for
27
administrative
costs.
28
4.
a.
An
early
childhood
programs
grants
account
is
29
created
in
the
fund
under
the
authority
of
the
director
of
30
the
department
of
education.
Moneys
credited
to
the
account
31
under
the
auspices
of
the
department
of
human
services
are
32
appropriated
to
and
shall
be
distributed
by
the
department
33
of
education
in
the
form
of
grants
to
early
childhood
Iowa
34
areas
pursuant
to
criteria
established
by
the
department
in
35
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accordance
with
law.
The
criteria
shall
include
but
are
not
1
limited
to
a
requirement
that
an
early
childhood
Iowa
area
must
2
be
designated
by
the
department
in
order
to
be
eligible
to
3
receive
an
early
childhood
programs
grant.
4
b.
The
maximum
funding
amount
an
early
childhood
Iowa
area
5
is
eligible
to
receive
from
the
early
childhood
programs
grant
6
account
for
a
fiscal
year
shall
be
determined
by
applying
7
the
area’s
percentage
of
the
state’s
average
monthly
family
8
investment
program
population
in
the
preceding
fiscal
year
to
9
the
total
amount
credited
to
the
account
for
the
fiscal
year.
10
c.
An
early
childhood
Iowa
area
receiving
funding
from
11
the
early
childhood
programs
grant
account
shall
comply
with
12
any
federal
reporting
requirements
associated
with
the
use
13
of
that
funding
and
other
results
and
reporting
requirements
14
established
by
the
department.
The
bureau
on
early
childhood
15
services
shall
provide
technical
assistance
in
identifying
and
16
meeting
the
federal
requirements.
The
availability
of
funding
17
provided
from
the
account
is
subject
to
changes
in
federal
18
requirements
and
amendments
to
Iowa
law.
19
d.
The
moneys
distributed
from
the
early
childhood
programs
20
grant
account
shall
be
used
by
early
childhood
Iowa
areas
21
for
the
purposes
of
enhancing
quality
child
care
capacity
in
22
support
of
parent
capability
to
obtain
or
retain
employment.
23
The
moneys
shall
be
used
with
a
primary
emphasis
on
low-income
24
families
and
children
from
zero
to
age
five.
Moneys
shall
be
25
provided
in
a
flexible
manner
and
shall
be
used
to
implement
26
strategies
identified
by
the
early
childhood
Iowa
area
to
27
achieve
such
purposes.
The
department
of
education
may
use
a
28
portion
of
the
funding
appropriated
to
the
department
under
29
this
subsection
for
provision
of
technical
assistance
and
30
other
support
to
the
early
childhood
Iowa
areas
developing
and
31
implementing
strategies
with
grant
moneys
distributed
from
the
32
account.
33
e.
Moneys
from
a
federal
block
grant
that
are
credited
34
to
the
early
childhood
programs
grant
account
but
are
not
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distributed
to
an
early
childhood
Iowa
area
or
otherwise
remain
1
unobligated
or
unexpended
at
the
end
of
the
fiscal
year
shall
2
revert
to
the
fund
created
in
section
8.41
to
be
available
for
3
appropriation
by
the
general
assembly
in
a
subsequent
fiscal
4
year.
5
5.
A
first
years
first
account
is
created
in
the
fund
under
6
the
authority
of
the
department
of
education.
The
account
7
shall
consist
of
gift
or
grant
moneys
obtained
from
any
source,
8
including
but
not
limited
to
the
federal
government.
Moneys
9
credited
to
the
account
are
appropriated
to
the
department
to
10
be
used
for
the
early
childhood-related
purposes
for
which
the
11
moneys
were
received.
12
Sec.
361.
NEW
SECTION
.
256I.13
Annual
reporting.
13
By
January
30
of
each
year,
the
department
shall
submit
14
an
annual
report
to
the
governor
and
general
assembly
that
15
includes
but
is
not
limited
to
all
of
the
following:
16
1.
Any
updates
to
the
strategic
plan
developed
under
this
17
chapter.
18
2.
The
status
and
results
of
the
early
childhood
Iowa
19
initiative’s
efforts
to
engage
the
public
regarding
early
20
childhood
services,
and
other
needs
of
children
zero
through
21
age
five.
22
3.
The
status
and
results
of
the
efforts
to
develop
and
23
promote
private
sector
involvement
with
the
early
childhood
24
services
system.
25
4.
The
status
of
the
early
childhood
Iowa
initiative
and
the
26
overall
early
childhood
services
system
in
achieving
the
set
27
of
desired
results.
28
5.
The
data
and
common
performance
measures
addressed
by
29
the
strategic
plan,
which
shall
include
but
is
not
limited
to
30
funding
amounts.
31
6.
The
indicators
addressed
by
the
strategic
plan
along
with
32
associated
data
trends
and
their
sources.
33
Sec.
362.
Section
135.106,
subsection
3,
Code
2009,
is
34
amended
to
read
as
follows:
35
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3.
It
is
the
intent
of
the
general
assembly
to
provide
1
communities
with
the
discretion
and
authority
to
redesign
2
existing
local
programs
and
services
targeted
at
and
assisting
3
families
expecting
babies
and
families
with
children
who
4
are
newborn
through
five
years
of
age.
The
Iowa
department
5
of
public
health,
department
of
human
services,
department
6
of
education,
and
other
state
agencies
and
programs,
as
7
appropriate,
shall
provide
technical
assistance
and
support
8
to
communities
desiring
to
redesign
their
local
programs
and
9
shall
facilitate
the
consolidation
of
existing
state
funding
10
appropriated
and
made
available
to
the
community
for
family
11
support
services.
Funds
which
are
consolidated
in
accordance
12
with
this
subsection
shall
be
used
to
support
the
redesigned
13
service
delivery
system.
In
redesigning
services,
communities
14
are
encouraged
to
implement
a
single
uniform
family
risk
15
assessment
mechanism
and
shall
demonstrate
the
potential
for
16
improved
outcomes
for
children
and
families.
Requests
by
local
17
communities
for
the
redesigning
of
services
shall
be
submitted
18
to
the
Iowa
department
of
public
health,
department
of
human
19
services,
and
department
of
education,
and
are
subject
to
the
20
approval
of
the
Iowa
empowerment
board
in
consultation
with
21
the
departments,
based
on
the
practices
utilized
with
community
22
empowerment
early
childhood
Iowa
areas
under
chapter
28
256I
.
23
Sec.
363.
Section
135.119,
subsection
2,
paragraph
d,
Code
24
Supplement
2009,
is
amended
to
read
as
follows:
25
d.
The
program
plan
shall
incorporate
a
multiyear,
26
collaborative
approach
for
implementation
of
the
plan.
The
27
plan
shall
address
how
to
involve
those
who
regularly
work
28
with
parents
and
persons
responsible
for
the
care
of
a
29
child,
including
but
not
limited
to
child
abuse
prevention
30
programs,
child
care
resource
and
referral
programs,
child
31
care
providers,
family
support
programs,
programs
receiving
32
funding
through
the
community
empowerment
early
childhood
33
Iowa
initiative,
public
and
private
schools,
health
care
34
providers,
local
health
departments,
birth
centers,
and
35
-188-
SF
2088
(50)
83
ec/rj
188/
255
S.F.
2088
birthing
hospitals.
1
Sec.
364.
Section
135.159,
subsection
3,
paragraph
i,
Code
2
Supplement
2009,
is
amended
to
read
as
follows:
3
i.
For
children,
coordinate
with
and
integrate
guidelines,
4
data,
and
information
from
existing
newborn
and
child
health
5
programs
and
entities,
including
but
not
limited
to
the
healthy
6
opportunities
for
parents
to
experience
success
–
healthy
7
families
Iowa
program,
the
community
empowerment
program
early
8
childhood
Iowa
initiative
,
the
center
for
congenital
and
9
inherited
disorders
screening
and
health
care
programs,
10
standards
of
care
for
pediatric
health
guidelines,
the
office
11
of
multicultural
health
established
in
section
135.12,
the
oral
12
health
bureau
established
in
section
135.15,
and
other
similar
13
programs
and
services.
14
Sec.
365.
Section
142A.4,
subsection
8,
Code
Supplement
15
2009,
is
amended
to
read
as
follows:
16
8.
Assist
with
the
linkage
of
the
initiative
with
child
17
welfare
and
juvenile
justice
decategorization
projects,
18
education
programming,
community
empowerment
early
childhood
19
Iowa
areas,
and
other
programs
and
services
directed
to
youth
20
at
the
state
and
community
level.
21
Sec.
366.
Section
142A.8,
subsection
2,
Code
2009,
is
22
amended
to
read
as
follows:
23
2.
A
community
partnership
area
shall
encompass
a
24
county
or
multicounty
area,
school
district
or
multischool
25
district
area,
economic
development
enterprise
zone
that
26
meets
the
requirements
of
an
urban
or
rural
enterprise
27
community
under
Title
Tit.
XIII
of
the
federal
Omnibus
Budget
28
Reconciliation
Act
of
1993,
or
community
empowerment
early
29
childhood
Iowa
area,
in
accordance
with
criteria
adopted
by
30
the
commission
for
appropriate
population
levels
and
size
of
31
geographic
areas.
32
Sec.
367.
Section
216A.140,
subsection
5,
paragraph
j,
Code
33
Supplement
2009,
is
amended
to
read
as
follows:
34
j.
Office
of
community
empowerment
in
the
department
of
35
-189-
SF
2088
(50)
83
ec/rj
189/
255
S.F.
2088
management
Bureau
on
early
childhood
services
in
the
department
1
of
education
.
2
Sec.
368.
Section
217.42,
subsection
1,
Code
2009,
is
3
amended
to
read
as
follows:
4
1.
The
organizational
structure
to
deliver
the
department’s
5
field
services
shall
be
based
upon
service
areas.
The
service
6
areas
shall
serve
as
a
basis
for
providing
field
services
to
7
persons
residing
in
the
counties
comprising
the
service
area.
8
The
service
areas
shall
be
those
designated
by
the
department
9
effective
January
1,
2002.
In
determining
the
service
areas,
10
the
department
shall
consider
other
geographic
service
areas
11
including
but
not
limited
to
judicial
districts
and
community
12
empowerment
early
childhood
Iowa
areas.
The
department
shall
13
consult
with
the
county
boards
of
supervisors
in
a
service
14
area
with
respect
to
the
selection
of
the
service
area
manager
15
responsible
for
the
service
area
who
is
initially
selected
for
16
the
service
area
designated
effective
January
1,
2002,
and
any
17
service
area
manager
selected
for
the
service
area
thereafter.
18
Following
establishment
of
the
service
areas
effective
January
19
1,
2002,
if
a
county
seeks
to
change
the
boundaries
of
a
20
service
area,
the
change
shall
only
take
place
if
the
change
is
21
mutually
agreeable
to
the
department
and
all
affected
counties.
22
If
it
is
necessary
for
the
department
to
significantly
modify
23
its
field
operations
or
the
composition
of
a
designated
service
24
area,
or
if
it
is
necessary
for
the
department
to
change
the
25
number
of
offices
operating
less
than
full-time,
the
department
26
shall
consult
with
the
affected
counties
prior
to
implementing
27
such
action.
28
Sec.
369.
Section
232.188,
subsection
4,
paragraph
c,
Code
29
2009,
is
amended
to
read
as
follows:
30
c.
A
decategorization
governance
board
shall
coordinate
31
the
project’s
planning
and
budgeting
activities
with
the
32
departmental
service
area
manager
for
the
county
or
counties
33
comprising
the
project
area
and
the
community
empowerment
early
34
childhood
Iowa
area
board
or
boards
for
the
community
35
-190-
SF
2088
(50)
83
ec/rj
190/
255
S.F.
2088
empowerment
early
childhood
Iowa
area
or
areas
within
which
the
1
decategorization
project
is
located.
2
Sec.
370.
Section
237A.21,
subsection
3,
paragraph
n,
Code
3
Supplement
2009,
is
amended
to
read
as
follows:
4
n.
One
designee
of
the
community
empowerment
office
of
the
5
department
of
management
bureau
on
early
childhood
services
in
6
the
department
of
education
.
7
Sec.
371.
Section
237A.21,
subsection
3,
paragraph
q,
Code
8
Supplement
2009,
is
amended
to
read
as
follows:
9
q.
One
person
who
represents
the
early
childhood
Iowa
10
state
council
created
in
section
135.173
256I.3
.
11
Sec.
372.
Section
237A.22,
subsection
1,
paragraph
j,
Code
12
Supplement
2009,
is
amended
to
read
as
follows:
13
j.
Advise
and
assist
the
early
childhood
Iowa
council
state
14
board
of
education
and
department
of
education
in
developing
15
the
strategic
plan
required
pursuant
to
section
135.173
256I.4
.
16
Sec.
373.
Section
237A.26,
subsection
8,
Code
2009,
is
17
amended
to
read
as
follows:
18
8.
For
purposes
of
improving
the
quality
and
consistency
19
of
data
collection,
consultation,
and
other
support
to
child
20
care
home
and
child
development
home
providers,
a
resource
and
21
referral
services
agency
grantee
shall
coordinate
and
assist
22
with
publicly
and
privately
funded
efforts
administered
at
23
the
community
level
to
provide
the
support.
The
support
and
24
efforts
addressed
by
a
grantee
may
include
but
are
not
limited
25
to
community-funded
child
care
home
and
child
development
home
26
consultants.
Community
members
involved
with
the
assistance
27
may
include
but
are
not
limited
to
the
efforts
of
a
community
28
empowerment
an
early
childhood
Iowa
area
board
under
chapter
29
28
256I
,
and
of
community
representatives
of
education,
health,
30
human
services,
business,
faith,
and
public
interests.
31
Sec.
374.
Section
237A.30,
subsection
1,
Code
2009,
is
32
amended
to
read
as
follows:
33
1.
The
department
shall
work
with
the
community
empowerment
34
office
of
the
department
of
management
bureau
on
early
35
-191-
SF
2088
(50)
83
ec/rj
191/
255
S.F.
2088
childhood
services
in
the
department
of
education
established
1
in
section
28.3
256I.5
and
the
state
child
care
advisory
2
council
in
designing
and
implementing
a
voluntary
quality
3
rating
system
for
each
provider
type
of
child
care
facility.
4
Sec.
375.
Section
256.9,
subsection
29,
Code
Supplement
5
2009,
is
amended
to
read
as
follows:
6
29.
Develop,
in
conjunction
with
the
child
development
7
coordinating
early
childhood
Iowa
state
council
or
other
8
similar
agency,
child-to-staff
ratio
recommendations
and
9
standards
for
at-risk
programs
based
on
national
literature
and
10
test
results
and
Iowa
longitudinal
test
results.
11
Sec.
376.
Section
256.9,
subsection
32,
paragraph
b,
Code
12
Supplement
2009,
is
amended
to
read
as
follows:
13
b.
Standards
and
materials
developed
shall
include
14
materials
which
employ
developmentally
appropriate
practices
15
and
incorporate
substantial
parental
involvement.
The
16
materials
and
standards
shall
include
alternative
teaching
17
approaches
including
collaborative
teaching
and
alternative
18
dispute
resolution
training.
The
department
shall
consult
19
with
the
child
development
coordinating
early
childhood
Iowa
20
state
council,
the
state
child
care
advisory
council,
the
21
department
of
human
services,
the
state
board
of
regents
center
22
for
early
developmental
education,
the
area
education
agencies,
23
the
department
of
child
development
in
the
college
of
family
24
and
consumer
sciences
at
Iowa
state
university
of
science
and
25
technology,
the
early
childhood
elementary
division
of
the
26
college
of
education
at
the
university
of
Iowa,
and
the
college
27
of
education
at
the
university
of
northern
Iowa,
in
developing
28
these
standards
and
materials.
29
Sec.
377.
Section
256C.3,
subsection
3,
paragraph
e,
Code
30
2009,
is
amended
to
read
as
follows:
31
e.
Collaboration
with
participating
families,
early
care
32
providers,
and
community
partners
including
but
not
limited
to
33
community
empowerment
early
childhood
Iowa
area
boards,
head
34
start
programs,
shared
visions
and
other
programs
provided
35
-192-
SF
2088
(50)
83
ec/rj
192/
255
S.F.
2088
under
the
auspices
of
the
child
development
coordinating
early
1
childhood
Iowa
state
council
chapter
256I
,
licensed
child
care
2
centers,
registered
child
development
homes,
area
education
3
agencies,
child
care
resource
and
referral
services
provided
4
under
section
237A.26,
early
childhood
special
education
5
programs,
services
funded
by
Title
Tit.
I
of
the
federal
6
Elementary
and
Secondary
Education
Act
of
1965,
and
family
7
support
programs.
8
Sec.
378.
Section
256C.3,
subsection
4,
paragraph
a,
Code
9
2009,
is
amended
to
read
as
follows:
10
a.
Methods
of
demonstrating
community
readiness
to
11
implement
high-quality
instruction
in
a
local
program
12
shall
be
identified.
The
potential
provider
shall
submit
13
a
collaborative
program
proposal
that
demonstrates
the
14
involvement
of
multiple
community
stakeholders
including
15
but
not
limited
to,
and
only
as
applicable,
parents,
the
16
school
district,
accredited
nonpublic
schools
and
faith-based
17
representatives,
the
area
education
agency,
the
community
18
empowerment
early
childhood
Iowa
area
board,
representatives
19
of
business,
head
start
programs,
shared
visions
and
other
20
programs
provided
under
the
auspices
of
the
child
development
21
coordinating
early
childhood
Iowa
state
council
chapter
256I
,
22
center-based
and
home-based
providers
of
child
care
services,
23
human
services,
public
health,
and
economic
development
24
programs.
The
methods
may
include
but
are
not
limited
to
a
25
school
district
providing
evidence
of
a
public
hearing
on
the
26
proposed
programming
and
written
documentation
of
collaboration
27
agreements
between
the
school
district,
existing
community
28
providers,
and
other
community
stakeholders
addressing
29
operational
procedures
and
other
critical
measures.
30
Sec.
379.
Section
256C.4,
subsection
2,
paragraph
b,
Code
31
2009,
is
amended
to
read
as
follows:
32
b.
The
enrollment
count
of
eligible
students
shall
not
33
include
a
child
who
is
included
in
the
enrollment
count
34
determined
under
section
257.6
or
a
child
who
is
served
by
35
-193-
SF
2088
(50)
83
ec/rj
193/
255
S.F.
2088
a
program
already
receiving
state
or
federal
funds
for
the
1
purpose
of
the
provision
of
four-year-old
preschool
programming
2
while
the
child
is
being
served
by
the
program.
Such
preschool
3
programming
includes
but
is
not
limited
to
child
development
4
assistance
programs
provided
under
chapter
256A,
special
5
education
programs
provided
under
section
256B.9,
school
ready
6
children
grant
programs
and
other
programs
provided
under
7
chapter
28
256I
,
and
federal
head
start
programs
and
the
8
services
funded
by
Title
Tit.
I
of
the
federal
Elementary
and
9
Secondary
Education
Act
of
1965.
10
Sec.
380.
Section
262.71,
subsection
10,
Code
2009,
is
11
amended
to
read
as
follows:
12
10.
The
child
development
coordinating
early
childhood
Iowa
13
state
council.
14
Sec.
381.
Section
273.2,
subsection
5,
unnumbered
paragraph
15
1,
Code
Supplement
2009,
is
amended
to
read
as
follows:
16
The
area
education
agency
board
may
provide
for
the
17
following
programs
and
services
to
local
school
districts,
and
18
at
the
request
of
local
school
districts
to
providers
of
child
19
development
early
childhood
services
who
have
received
grants
20
under
chapter
256A
from
the
child
development
coordinating
21
council
256I
,
within
the
limits
of
funds
available:
22
Sec.
382.
Section
279.51,
subsection
1,
paragraphs
b
and
d,
23
Code
2009,
are
amended
to
read
as
follows:
24
b.
For
the
fiscal
year
beginning
July
1,
2007,
and
for
each
25
succeeding
fiscal
year,
eight
million
five
hundred
thirty-six
26
thousand
seven
hundred
forty
dollars
of
the
funds
appropriated
27
shall
be
allocated
to
the
child
development
coordinating
28
council
established
in
chapter
256A
for
the
purposes
set
out
29
in
subsection
2
of
this
section
and
early
care
and
child
30
development
programs
under
section
256A.3
256I.5
.
31
d.
Notwithstanding
section
256A.3,
subsection
6
,
any
32
provision
to
the
contrary,
of
the
amount
appropriated
in
this
33
subsection
for
the
fiscal
year
beginning
July
1,
2007,
and
34
for
each
succeeding
fiscal
year,
up
to
two
hundred
eighty-two
35
-194-
SF
2088
(50)
83
ec/rj
194/
255
S.F.
2088
thousand
six
hundred
dollars
may
be
used
for
administrative
1
costs.
2
Sec.
383.
Section
279.51,
subsection
2,
paragraph
a,
Code
3
2009,
is
amended
to
read
as
follows:
4
a.
To
continue
funding
for
programs
previously
funded
5
by
grants
awarded
under
section
256A.3
,
Code
2009,
and
to
6
provide
additional
early
care
and
child
development
grants
7
under
section
256A.3
chapter
256I
.
The
council
department
8
of
education
shall
seek
to
provide
grants
on
the
basis
of
9
the
location
within
the
state
of
children
meeting
at-risk
10
definitions.
11
Sec.
384.
Section
279.51,
subsection
2,
paragraph
b,
12
unnumbered
paragraph
1,
Code
2009,
is
amended
to
read
as
13
follows:
14
At
the
discretion
of
the
child
development
coordinating
15
council
department
of
education
,
award
grants
for
the
16
following:
17
Sec.
385.
Section
279.60,
Code
2009,
is
amended
to
read
as
18
follows:
19
279.60
Kindergarten
assessment
——
access
to
data
——
reports.
20
Each
school
district
shall
administer
the
dynamic
indicators
21
of
basic
early
literacy
skills
kindergarten
benchmark
22
assessment
or
other
kindergarten
benchmark
assessment
adopted
23
by
the
department
of
education
in
consultation
with
the
Iowa
24
empowerment
board
to
every
kindergarten
student
enrolled
in
25
the
district
not
later
than
the
date
specified
in
section
26
257.6,
subsection
1.
The
school
district
shall
also
collect
27
information
from
each
parent,
guardian,
or
legal
custodian
of
a
28
kindergarten
student
enrolled
in
the
district,
including
but
29
not
limited
to
whether
the
student
attended
preschool,
factors
30
identified
by
the
early
care
staff
bureau
on
early
childhood
31
services
pursuant
to
section
28.3
256I.5
,
and
other
demographic
32
factors.
Each
school
district
shall
report
the
results
33
of
the
assessment
and
the
preschool
information
collected
34
to
the
department
of
education
in
the
manner
prescribed
35
-195-
SF
2088
(50)
83
ec/rj
195/
255
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by
the
department
not
later
than
January
1
of
that
school
1
year.
The
early
care
staff
designated
pursuant
to
section
2
28.3
bureau
on
early
childhood
services
in
the
department
of
3
education
shall
have
access
to
the
raw
data.
The
department
4
shall
review
the
information
submitted
pursuant
to
this
section
5
and
shall
submit
its
findings
and
recommendations
annually
6
in
a
report
to
the
governor,
the
general
assembly,
the
early
7
childhood
Iowa
empowerment
state
board
council
,
and
the
8
community
empowerment
early
childhood
Iowa
area
boards.
9
Sec.
386.
Section
915.35,
subsection
4,
paragraph
b,
Code
10
Supplement
2009,
is
amended
to
read
as
follows:
11
b.
A
child
protection
assistance
team
may
also
consult
12
with
or
include
juvenile
court
officers,
medical
and
mental
13
health
professionals,
physicians
or
other
hospital-based
health
14
professionals,
court-appointed
special
advocates,
guardians
ad
15
litem,
and
members
of
a
multidisciplinary
team
created
by
the
16
department
of
human
services
for
child
abuse
investigations.
A
17
child
protection
assistance
team
may
work
cooperatively
with
18
the
local
community
empowerment
early
childhood
Iowa
area
19
board
established
under
section
28.6
chapter
256I
.
The
child
20
protection
assistance
team
shall
work
with
the
department
21
of
human
services
in
accordance
with
section
232.71B,
22
subsection
3,
in
developing
the
protocols
for
prioritizing
23
the
actions
taken
in
response
to
child
abuse
reports
and
for
24
law
enforcement
agencies
working
jointly
with
the
department
25
at
the
local
level
in
processes
for
child
abuse
reports.
The
26
department
of
justice
may
provide
training
and
other
assistance
27
to
support
the
activities
of
a
child
protection
assistance
28
team.
29
Sec.
387.
REPEALS.
30
1.
Chapter
28,
Code
and
Code
Supplement
2009,
is
repealed.
31
2.
Section
135.173,
Code
Supplement
2009,
is
repealed.
32
3.
Section
135.174,
Code
2009,
is
repealed.
33
4.
Chapter
256A,
Code
2009,
is
repealed.
34
Sec.
388.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
35
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255
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3,
shall
not
apply
to
this
division
of
this
Act.
1
Sec.
389.
TRANSITION.
2
1.
Effective
on
or
after
July
1,
2010,
as
determined
by
3
the
department
of
education
in
consultation
with
the
early
4
childhood
Iowa
state
council
created
pursuant
to
this
division
5
of
this
Act,
the
designations
granted
by
the
Iowa
empowerment
6
board
to
community
empowerment
areas
and
community
empowerment
7
area
boards
under
chapter
28,
Code
2009,
are
withdrawn.
8
However,
subject
to
the
approval
of
the
department
of
education
9
in
accordance
with
the
area
board
designation
criteria
10
established
by
this
division
of
this
Act,
all
or
a
portion
of
11
the
membership
of
a
community
empowerment
area
board
may
be
12
redesignated
to
serve
as
the
membership
of
the
initial
early
13
childhood
Iowa
area
board
for
the
relevant
early
childhood
14
Iowa
area
to
be
served.
Subject
to
rules
to
be
adopted
by
the
15
state
board
of
education
addressing
redesignation
of
community
16
empowerment
areas
as
early
childhood
Iowa
areas,
existing
17
multicounty
community
empowerment
area
boards
may
choose
to
be
18
redefined
as
early
childhood
Iowa
area
boards.
19
2.
Effective
on
or
after
July
1,
2010,
as
determined
by
20
the
department
of
education
in
consultation
with
the
early
21
childhood
Iowa
state
council,
any
school
ready
children
22
grant
or
other
state
or
federal
funds
in
the
possession
23
of
a
community
empowerment
area
remaining
unobligated
or
24
unexpended
shall
be
returned
to
the
department
of
education.
25
The
department
shall
credit
funds
received
to
the
school
ready
26
children
grant
account
or
other
corresponding
account
of
the
27
early
childhood
Iowa
fund.
The
moneys
credited
shall
be
28
redisseminated
to
an
early
childhood
Iowa
area
or
areas
that
29
correspond
geographically
to
the
boundaries
of
the
community
30
empowerment
area
that
returned
the
funds.
31
3.
Until
the
state
board
of
education
has
adopted
32
administrative
rules
to
implement
the
provisions
of
chapter
33
256I,
as
enacted
by
this
division
of
this
Act,
the
department
34
of
education
shall
apply
the
relevant
rules
adopted
to
35
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implement
the
community
empowerment
initiative
under
chapter
1
28,
Code
2009,
in
place
of
the
state
agency
or
agencies
2
designated
to
administer
the
relevant
rules.
The
state
board
3
shall
also
adopt
rules
addressing
transition
of
contracts
4
entered
into
by
community
empowerment
area
boards
that
include
5
provisions
in
effect
on
or
after
July
1,
2010.
6
DIVISION
XXIV
7
REGISTRATION
OF
POSTSECONDARY
SCHOOLS
8
Sec.
390.
Section
261.2,
subsection
7,
paragraph
b,
Code
9
Supplement
2009,
is
amended
to
read
as
follows:
10
b.
The
commission
may
require
a
school
seeking
registration
11
under
chapter
261B
to
provide
copies
of
its
application
to
the
12
Iowa
coordinating
council
for
post-high
school
education.
The
13
commission
may
consider
comments
from
the
council
that
are
14
received
by
the
commission
within
ninety
days
of
the
filing
of
15
the
application.
However,
if
the
council
meets
to
consider
16
comments
for
submission
to
the
commission,
the
meeting
shall
be
17
open
to
the
public
and
subject
to
the
provisions
of
chapter
21
.
18
The
commission
shall
post
an
application
on
the
commission’s
19
internet
site
and
shall
render
a
decision
on
an
application
for
20
registration
within
one
hundred
eighty
days
of
the
filing
of
21
the
application.
22
Sec.
391.
REPEAL.
Section
261B.10,
Code
Supplement
2009,
23
is
repealed.
24
DIVISION
XXV
25
HEALTH
AND
HUMAN
SERVICES
PROGRAM
EFFICIENCIES
26
Sec.
392.
DIRECTIVE
FOR
INCREASED
EFFICIENCIES
IN
HUMAN
27
SERVICES
PROGRAMS.
The
department
of
human
services
shall
28
develop
and
implement
strategies
to
increase
efficiencies
by
29
reducing
paperwork,
decreasing
staff
time,
and
providing
more
30
streamlined
services
to
the
public
relative
to
programs
under
31
the
purview
of
the
department.
Such
strategies
may
include
32
but
are
not
limited
to
simplifying
and
reducing
duplication
in
33
eligibility
determinations
among
programs
by
utilizing
the
same
34
eligibility
processes
across
programs
to
the
extent
allowed
by
35
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federal
law.
The
department
shall
provide
a
progress
report
1
to
the
joint
appropriations
subcommittee
on
health
and
human
2
services
on
an
annual
basis.
3
Sec.
393.
PHARMACEUTICAL
IMPROVEMENTS.
The
department
4
of
human
services,
department
of
public
health,
department
5
of
corrections,
department
of
management,
and
any
6
other
appropriate
agency
shall
review
the
provision
of
7
pharmaceuticals
to
populations
they
serve
and
programs
under
8
their
respective
purview
to
determine
efficiencies
in
the
9
purchase
of
pharmaceuticals.
The
departments
shall
develop
10
strategies
to
implement
efficiencies
and
reduce
costs
to
the
11
state,
and
shall
determine
any
changes
in
state
law
or
approval
12
from
the
federal
government
necessary
to
implement
any
strategy
13
identified.
14
DIVISION
XXVI
15
HOSPITAL
LICENSING
BOARD
16
Sec.
394.
Section
135B.5,
subsection
1,
Code
2009,
is
17
amended
to
read
as
follows:
18
1.
Upon
receipt
of
an
application
for
license
and
the
19
license
fee,
the
department
shall
issue
a
license
if
the
20
applicant
and
hospital
facilities
comply
with
this
chapter
21
and
the
rules
of
the
department.
Each
licensee
shall
receive
22
annual
reapproval
upon
payment
of
five
hundred
dollars
and
23
upon
filing
of
an
application
form
which
is
available
from
the
24
department.
The
annual
licensure
fee
shall
be
dedicated
to
25
support
and
provide
educational
programs
on
regulatory
issues
26
for
hospitals
licensed
under
this
chapter
in
consultation
27
with
the
hospital
licensing
board.
Licenses
shall
be
either
28
general
or
restricted
in
form.
Each
license
shall
be
issued
29
only
for
the
premises
and
persons
or
governmental
units
named
30
in
the
application
and
is
not
transferable
or
assignable
except
31
with
the
written
approval
of
the
department.
Licenses
shall
32
be
posted
in
a
conspicuous
place
on
the
licensed
premises
as
33
prescribed
by
rule
of
the
department.
34
Sec.
395.
Section
135B.7,
subsection
1,
paragraph
a,
Code
35
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255
S.F.
2088
Supplement
2009,
is
amended
to
read
as
follows:
1
a.
The
department,
with
the
advice
and
approval
of
the
2
hospital
licensing
board
and
approval
of
the
state
board
of
3
health,
shall
adopt
rules
setting
out
the
standards
for
the
4
different
types
of
hospitals
to
be
licensed
under
this
chapter.
5
The
department
shall
enforce
the
rules.
6
Sec.
396.
REPEAL.
Section
135B.10,
Code
2009,
is
repealed.
7
Sec.
397.
REPEAL.
Section
135B.11,
Code
Supplement
2009,
8
is
repealed.
9
DIVISION
XXVII
10
CHILD
SUPPORT
11
Sec.
398.
Section
252D.17,
Code
2009,
is
amended
by
adding
12
the
following
new
subsection:
13
NEW
SUBSECTION
.
13.
The
department
shall
establish
14
criteria
and
a
phased-in
schedule
to
require,
no
later
than
15
June
30,
2015,
payors
of
income
to
electronically
transmit
16
the
amounts
withheld
under
an
income
withholding
order.
The
17
department
shall
assist
payors
of
income
in
complying
with
18
the
required
electronic
transmission,
and
shall
adopt
rules
19
setting
forth
procedures
for
use
in
electronic
transmission
of
20
funds,
and
exemption
from
use
of
electronic
transmission
taking
21
into
consideration
any
undue
hardship
electronic
transmission
22
creates
for
payors
of
income.
23
DIVISION
XXVIII
24
FALSE
CLAIMS
ACT
25
Sec.
399.
NEW
SECTION
.
685.1
Definitions.
26
As
used
in
this
chapter,
unless
the
context
otherwise
27
requires:
28
1.
“Claim”
means
any
request
or
demand
for
money,
property,
29
or
services
made
to
any
employee,
officer,
or
agent
of
the
30
state,
or
to
any
contractor,
grantee,
or
other
recipient,
31
whether
under
contract
or
not,
if
any
portion
of
the
money,
32
property,
or
services
requested
or
demanded
issued
from,
or
33
was
provided
by,
the
state,
or
if
the
state
will
reimburse
the
34
contractor,
grantee,
or
other
recipient
for
any
portion
of
the
35
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money
or
property
which
is
requested
or
demanded.
1
2.
“Employer”
means
any
natural
person,
corporation,
firm,
2
association,
organization,
partnership,
business,
trust,
or
3
state-affiliated
entity
involved
in
a
nongovernmental
function,
4
including
state
universities
and
state
hospitals.
5
3.
a.
“Knowing”
or
“knowingly”
means
that
a
person,
with
6
respect
to
information,
does
any
of
the
following:
7
(1)
Has
actual
knowledge
of
the
information.
8
(2)
Acts
in
deliberate
ignorance
of
the
truth
or
falsity
of
9
the
information.
10
(3)
Acts
in
reckless
disregard
of
the
truth
or
falsity
of
11
the
information.
12
b.
“Knowing”
or
“knowingly”
with
respect
to
information
does
13
not
require
proof
of
specific
intent
to
defraud.
14
4.
“Qui
tam
plaintiff”
means
a
private
plaintiff
who
brings
15
an
action
under
this
chapter
on
behalf
of
the
state.
16
Sec.
400.
NEW
SECTION
.
685.2
Acts
subjecting
person
to
17
treble
damages,
costs,
and
civil
penalties
——
exceptions.
18
1.
A
person
who
commits
any
of
the
following
acts
is
liable
19
to
the
state
for
three
times
the
amount
of
damages
which
the
20
state
sustains
because
of
the
act
of
that
person.
A
person
who
21
commits
any
of
the
following
acts
shall
also
be
liable
to
the
22
state
for
the
costs
of
a
civil
action
brought
to
recover
any
of
23
those
penalties
or
damages,
and
shall
be
liable
to
the
state
24
for
a
civil
penalty
of
not
less
than
five
thousand
dollars
and
25
not
more
than
ten
thousand
dollars
for
each
violation:
26
a.
Knowingly
presents
or
causes
to
be
presented
to
any
27
employee,
officer,
or
agent
of
the
state,
or
to
any
contractor,
28
grantee,
or
other
recipient
of
state
funds,
a
false
or
29
fraudulent
claim
for
payment
or
approval.
30
b.
Knowingly
makes,
uses,
or
causes
to
be
made
or
used,
a
31
false
record
or
statement
to
get
a
false
or
fraudulent
claim
32
paid
or
approved.
33
c.
Conspires
to
defraud
the
state
by
getting
a
false
claim
34
allowed
or
paid,
or
conspires
to
defraud
the
state
by
knowingly
35
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making,
using,
or
causing
to
be
made
or
used,
a
false
record
or
1
statement
to
conceal,
avoid,
or
decrease
an
obligation
to
pay
2
or
transmit
money
or
property
to
the
state.
3
d.
Has
possession,
custody,
or
control
of
public
property
or
4
money
used
or
to
be
used
by
the
state
and
knowingly
delivers
or
5
causes
to
be
delivered
less
property
than
the
amount
for
which
6
the
person
receives
a
certificate
or
receipt.
7
e.
Is
authorized
to
make
or
deliver
a
document
certifying
8
receipt
of
property
used
or
to
be
used
by
the
state
and
9
knowingly
makes
or
delivers
a
receipt
that
falsely
represents
10
the
property
used
or
to
be
used.
11
f.
Knowingly
buys,
or
receives
as
a
pledge
of
an
obligation
12
or
debt,
public
property
from
any
person
who
lawfully
may
not
13
sell
or
pledge
the
property.
14
g.
Knowingly
makes,
uses,
or
causes
to
be
made
or
used,
a
15
false
record
or
statement
to
conceal,
avoid,
or
decrease
an
16
obligation
to
pay
or
transmit
money
or
property
to
the
state.
17
h.
Is
a
beneficiary
of
an
inadvertent
submission
of
a
false
18
claim
to
any
employee,
officer,
or
agent
of
the
state,
or
to
19
any
contractor,
grantee,
or
other
recipient
of
state
funds,
20
subsequently
discovers
the
falsity
of
the
claim,
and
fails
21
to
disclose
the
false
claim
to
the
attorney
general
within
a
22
reasonable
time
after
discovery
of
the
false
claim.
23
2.
Notwithstanding
subsection
1,
the
court
may
assess
24
not
less
than
two
times
the
amount
of
damages
which
the
25
state
sustains
because
of
the
act
of
the
person
described
in
26
subsection
1,
and
no
civil
penalty,
if
the
court
finds
all
of
27
the
following:
28
a.
The
person
committing
the
violation
furnished
the
29
attorney
general
with
all
information
known
to
that
person
30
about
the
violation
within
thirty
days
after
the
date
on
which
31
the
person
first
obtained
the
information.
32
b.
The
person
fully
cooperated
with
any
investigation
by
the
33
attorney
general.
34
c.
At
the
time
the
person
furnished
the
attorney
general
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with
information
about
the
violation,
a
criminal
prosecution,
1
civil
action,
or
administrative
action
had
not
commenced
2
with
respect
to
the
violation,
and
the
person
did
not
have
3
actual
knowledge
of
the
existence
of
an
investigation
into
the
4
violation.
5
3.
This
section
shall
not
apply
to
claims,
records,
or
6
statements
made
under
Title
X
relating
to
state
revenue
and
7
taxation.
8
Sec.
401.
NEW
SECTION
.
685.3
Investigations
and
9
prosecutions
——
powers
of
prosecuting
authority
——
civil
actions
10
by
individuals
as
qui
tam
plaintiffs
and
as
private
citizens
——
11
jurisdiction
of
courts.
12
1.
The
attorney
general
shall
diligently
investigate
a
13
violation
under
section
685.2.
If
the
attorney
general
finds
14
that
a
person
has
violated
or
is
violating
section
685.2,
the
15
attorney
general
may
bring
a
civil
action
under
this
section
16
against
that
person.
17
2.
a.
A
person
may
bring
a
civil
action
for
a
violation
of
18
this
chapter
for
the
person
and
for
the
state
in
the
name
of
19
the
state.
The
person
bringing
the
action
shall
be
referred
20
to
as
the
qui
tam
plaintiff.
Once
filed,
the
action
may
be
21
dismissed
only
with
the
written
consent
of
the
court,
taking
22
into
account
the
best
interest
of
the
parties
involved
and
the
23
public
purposes
behind
this
chapter.
24
b.
A
copy
of
the
complaint
and
written
disclosure
of
25
substantially
all
material
evidence
and
information
the
26
person
possesses
shall
be
served
on
the
attorney
general.
The
27
complaint
shall
also
be
filed
in
camera,
shall
remain
under
28
seal
for
at
least
sixty
days,
and
shall
not
be
served
on
the
29
defendant
until
the
court
so
orders.
The
attorney
general
may
30
elect
to
intervene
and
proceed
with
the
action
within
sixty
31
days
after
the
attorney
general
receives
both
the
complaint
and
32
the
material
evidence
and
the
information.
33
c.
The
attorney
general
may,
for
good
cause
shown,
move
the
34
court
for
extensions
of
the
time
during
which
the
complaint
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remains
under
seal
under
paragraph
“b”
.
Any
such
motions
may
be
1
supported
by
affidavits
or
other
submissions
in
camera.
The
2
defendant
shall
not
be
required
to
respond
to
any
complaint
3
filed
under
this
section
until
after
the
complaint
is
unsealed
4
and
served
upon
the
defendant
pursuant
to
rules
of
civil
5
procedure.
6
d.
Before
the
expiration
of
the
sixty-day
period
or
any
7
extensions
obtained
under
paragraph
“c”
,
the
attorney
general
8
shall
do
one
of
the
following:
9
(1)
Proceed
with
the
action,
in
which
case
the
action
shall
10
be
conducted
by
the
attorney
general.
11
(2)
Notify
the
court
that
the
attorney
general
declines
to
12
take
over
the
action,
in
which
case
the
person
bringing
the
13
action
shall
have
the
right
to
conduct
the
action.
14
e.
When
a
person
brings
a
valid
action
under
this
section,
15
no
person
other
than
the
attorney
general
may
intervene
or
16
bring
a
related
action
based
on
the
facts
underlying
the
17
pending
action.
18
3.
a.
If
the
attorney
general
proceeds
with
the
action,
19
the
attorney
general
shall
have
the
primary
responsibility
for
20
prosecuting
the
action,
and
shall
not
be
bound
by
an
act
of
21
the
person
bringing
the
action.
Such
person
shall
have
the
22
right
to
continue
as
a
party
to
the
action,
subject
to
the
23
limitations
specified
in
paragraph
“b”
.
24
b.
(1)
The
attorney
general
may
move
to
dismiss
the
action
25
for
good
cause
notwithstanding
the
objections
of
the
qui
tam
26
plaintiff
if
the
qui
tam
plaintiff
has
been
notified
by
the
27
attorney
general
of
the
filing
of
the
motion
and
the
court
has
28
provided
the
qui
tam
plaintiff
with
an
opportunity
to
oppose
29
the
motion
and
present
evidence
at
a
hearing.
30
(2)
The
attorney
general
may
settle
the
action
with
the
31
defendant
notwithstanding
the
objections
of
the
qui
tam
32
plaintiff
if
the
court
determines,
after
a
hearing
providing
33
the
qui
tam
plaintiff
an
opportunity
to
present
evidence,
that
34
the
proposed
settlement
is
fair,
adequate,
and
reasonable
under
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all
of
the
circumstances.
1
(3)
Upon
a
showing
by
the
attorney
general
that
unrestricted
2
participation
during
the
course
of
the
litigation
by
the
3
person
initiating
the
action
would
interfere
with
or
unduly
4
delay
the
attorney
general’s
prosecution
of
the
case,
or
would
5
be
repetitious,
irrelevant,
or
for
purposes
of
harassment,
6
the
court
may,
in
its
discretion,
impose
limitations
on
the
7
person’s
participation,
including
but
not
limited
to
any
of
the
8
following:
9
(a)
Limiting
the
number
of
witnesses
the
person
may
call.
10
(b)
Limiting
the
length
of
the
testimony
of
such
witnesses.
11
(c)
Limiting
the
person’s
cross-examination
of
witnesses.
12
(d)
Otherwise
limiting
the
participation
by
the
person
in
13
the
litigation.
14
(4)
Upon
a
showing
by
the
defendant
that
unrestricted
15
participation
during
the
course
of
the
litigation
by
the
person
16
initiating
the
action
would
be
for
purposes
of
harassment
or
17
would
cause
the
defendant
undue
burden
or
unnecessary
expense,
18
the
court
may
limit
the
participation
by
the
person
in
the
19
litigation.
20
c.
If
the
attorney
general
elects
not
to
proceed
with
the
21
action,
the
person
who
initiated
the
action
shall
have
the
22
right
to
conduct
the
action.
If
the
attorney
general
requests,
23
the
attorney
general
shall
be
served
with
copies
of
all
24
pleadings
filed
in
the
action
and
shall
be
supplied
with
copies
25
of
all
deposition
transcripts
at
the
state’s
expense.
When
a
26
person
proceeds
with
the
action,
the
court,
without
limiting
27
the
status
and
rights
of
the
person
initiating
the
action,
may
28
permit
the
attorney
general
to
intervene
at
a
later
date
upon
a
29
showing
of
good
cause.
30
d.
Whether
or
not
the
attorney
general
proceeds
with
the
31
action,
upon
a
showing
by
the
attorney
general
that
certain
32
actions
of
discovery
by
the
person
initiating
the
action
33
would
interfere
with
the
attorney
general’s
investigation
or
34
prosecution
of
a
criminal
or
civil
matter
arising
out
of
the
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same
facts,
the
court
may
stay
such
discovery
for
a
period
of
1
not
more
than
sixty
days.
Such
a
showing
shall
be
conducted
2
in
camera.
The
court
may
extend
the
sixty-day
period
upon
3
a
further
showing
in
camera
that
the
attorney
general
has
4
pursued
the
criminal
or
civil
investigation
or
proceedings
5
with
reasonable
diligence
and
any
proposed
discovery
in
the
6
civil
action
will
interfere
with
the
ongoing
criminal
or
civil
7
investigation
or
proceedings.
8
e.
Notwithstanding
subsection
2,
the
attorney
general
may
9
elect
to
pursue
the
state’s
claim
through
any
alternate
remedy
10
available
to
the
state,
including
any
administrative
proceeding
11
to
determine
a
civil
penalty.
If
any
such
alternate
remedy
12
is
pursued
in
another
proceeding,
the
person
initiating
the
13
action
shall
have
the
same
rights
in
such
proceeding
as
such
14
person
would
have
had
if
the
action
had
continued
under
this
15
section.
Any
finding
of
fact
or
conclusion
of
law
made
in
16
such
other
proceeding
that
has
become
final
with
respect
to
17
a
party
who
is
also
a
party
to
an
action
under
this
section,
18
shall
be
conclusive
as
to
all
such
parties
to
an
action
under
19
this
section.
For
purposes
of
this
paragraph,
a
finding
or
20
conclusion
is
final
if
it
has
been
finally
determined
on
appeal
21
to
the
appropriate
court
of
the
state,
if
all
time
for
filing
22
such
an
appeal
with
respect
to
the
finding
or
conclusion
has
23
expired,
or
if
the
finding
or
conclusion
is
not
subject
to
24
judicial
review.
25
4.
a.
(1)
If
the
attorney
general
proceeds
with
an
action
26
brought
by
a
person
under
subsection
2,
the
person
shall,
27
subject
to
subparagraph
(2),
receive
at
least
fifteen
percent
28
but
not
more
than
twenty-five
percent
of
the
proceeds
of
the
29
action
or
settlement
of
the
claim,
which
includes
damages,
30
civil
penalties,
payments
for
costs
of
compliance,
and
any
31
other
economic
benefit
realized
by
the
state
or
federal
32
government
as
a
result
of
the
action,
depending
upon
the
33
extent
to
which
the
person
substantially
contributed
to
the
34
prosecution
of
the
action.
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(2)
If
the
action
is
one
which
the
court
finds
to
be
1
based
primarily
on
disclosures
of
specific
information,
other
2
than
information
provided
by
the
person
bringing
the
action,
3
relating
to
allegations
or
transactions
specifically
in
a
4
criminal,
civil,
or
administrative
hearing,
or
in
a
legislative
5
or
administrative
report,
hearing,
audit,
or
investigation,
or
6
from
the
news
media,
the
court
may
award
an
amount
the
court
7
considers
appropriate,
but
in
no
case
more
than
ten
percent
8
of
the
proceeds,
taking
into
account
the
significance
of
the
9
information
and
the
role
of
the
person
bringing
the
action
in
10
advancing
the
case
to
litigation.
11
(3)
Any
payment
to
a
person
under
subparagraph
(1)
or
(2)
12
shall
be
made
from
the
proceeds.
Any
such
person
shall
also
13
receive
an
amount
for
reasonable
expenses
which
the
appropriate
14
court
finds
to
have
been
necessarily
incurred,
plus
reasonable
15
attorney
fees
and
costs.
All
such
expenses,
fees,
and
costs
16
shall
be
awarded
against
the
defendant.
17
b.
If
the
attorney
general
does
not
proceed
with
an
action
18
under
this
section,
the
person
bringing
the
action
or
settling
19
the
claim
shall
receive
an
amount
which
the
court
decides
is
20
reasonable
for
collecting
the
civil
penalty
and
damages.
The
21
amount
shall
be
not
less
than
twenty-five
percent
and
not
more
22
than
thirty
percent
of
the
proceeds
of
the
action
or
settlement
23
and
shall
be
paid
out
of
such
proceeds,
which
includes
damages,
24
civil
penalties,
payments
for
costs
of
compliance,
and
any
25
other
economic
benefit
realized
by
the
state
or
federal
26
government
as
a
result
of
the
action.
Such
person
shall
also
27
receive
an
amount
for
reasonable
expenses
which
the
appropriate
28
court
finds
to
have
been
necessarily
incurred,
plus
reasonable
29
attorney
fees
and
costs.
All
such
expenses,
fees,
and
costs
30
shall
be
awarded
against
the
defendant.
31
c.
Whether
or
not
the
attorney
general
proceeds
with
the
32
action,
if
the
court
finds
that
the
action
was
brought
by
a
33
person
who
planned
and
initiated
the
violation
of
section
34
685.2
upon
which
the
action
was
brought,
the
court
may,
to
the
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extent
the
court
considers
appropriate,
reduce
the
share
of
1
the
proceeds
of
the
action
which
the
person
would
otherwise
2
receive
under
paragraph
“a”
or
“b”
,
taking
into
account
the
3
role
of
that
person
in
advancing
the
case
to
litigation
and
any
4
relevant
circumstances
pertaining
to
the
violation.
If
the
5
person
bringing
the
action
is
convicted
of
criminal
conduct
6
arising
from
the
person’s
role
in
the
violation
of
section
7
685.2,
the
person
shall
be
dismissed
from
the
civil
action
and
8
shall
not
receive
any
share
of
the
proceeds
of
the
action.
9
Such
dismissal
shall
not
prejudice
the
right
of
the
attorney
10
general
to
continue
the
action.
11
d.
If
the
attorney
general
does
not
proceed
with
the
action
12
and
the
person
bringing
the
action
conducts
the
action,
the
13
court
may
award
to
the
defendant
reasonable
attorney
fees
and
14
expenses
if
the
defendant
prevails
in
the
action
and
the
court
15
finds
that
the
claim
of
the
person
bringing
the
action
was
16
clearly
frivolous,
clearly
vexatious,
or
brought
primarily
for
17
purposes
of
harassment.
18
5.
a.
A
court
shall
not
have
jurisdiction
over
an
action
19
brought
under
subsection
2
against
a
member
of
the
general
20
assembly,
a
member
of
the
judiciary,
or
an
executive
branch
21
official
if
the
action
is
based
on
evidence
or
information
22
known
to
the
attorney
general
when
the
action
was
brought.
23
b.
A
person
shall
not
bring
an
action
under
subsection
2
24
which
is
based
upon
allegations
or
transactions
which
are
the
25
subject
of
a
civil
suit
or
an
administrative
civil
penalty
26
proceeding
in
which
the
state
is
already
a
party.
27
c.
Upon
motion
of
the
attorney
general,
the
court
may
in
28
consideration
of
all
the
equities,
dismiss
a
qui
tam
plaintiff
29
if
the
elements
of
the
actionable
false
claims
alleged
in
the
30
qui
tam
complaint
have
been
publicly
disclosed
specifically
31
in
the
news
media
or
in
a
publicly
disseminated
governmental
32
report,
at
the
time
the
complaint
is
filed.
33
d.
The
state
is
not
liable
for
expenses
which
a
person
34
incurs
in
bringing
an
action
under
this
section.
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6.
Any
employee
who
is
discharged,
demoted,
suspended,
1
threatened,
harassed,
or
in
any
other
manner
discriminated
2
against
in
the
terms
and
conditions
of
employment
by
the
3
person’s
employer
because
of
lawful
acts
performed
by
the
4
employee
on
behalf
of
the
employee
or
others
in
furtherance
5
of
an
action
under
this
section,
including
investigation
for,
6
initiation
of,
testimony
for,
or
assistance
in
an
action
filed
7
or
to
be
filed
under
this
section,
shall
be
entitled
to
all
8
relief
necessary
to
make
the
employee
whole.
Such
relief
9
shall
include
reinstatement
with
the
same
seniority
status
10
such
employee
would
have
had
but
for
the
discrimination,
two
11
times
the
amount
of
back
pay,
interest
on
the
back
pay,
and
12
compensation
for
any
special
damages
sustained
as
a
result
of
13
the
discrimination,
including
litigation
costs
and
reasonable
14
attorney
fees.
An
employee
may
bring
an
action
in
the
15
appropriate
court
of
the
state
for
the
relief
provided
in
this
16
subsection.
17
Sec.
402.
NEW
SECTION
.
685.4
Limitation
of
actions
——
18
burden
of
proof.
19
1.
A
civil
action
under
section
685.3
shall
not
be
brought
20
more
than
ten
years
after
the
date
on
which
the
violation
was
21
committed.
22
2.
A
civil
action
under
section
685.3
may
be
brought
based
23
on
activity
prior
to
January
1,
2007,
if
the
limitations
period
24
pursuant
to
subsection
1
has
not
lapsed.
25
3.
In
any
action
brought
under
section
685.3,
the
attorney
26
general
or
the
qui
tam
plaintiff
shall
be
required
to
prove
all
27
essential
elements
of
the
cause
of
action,
including
damages,
28
by
a
preponderance
of
the
evidence.
29
4.
Notwithstanding
any
other
provision
of
law,
a
guilty
30
verdict
rendered
in
a
criminal
proceeding
charging
false
31
statements
or
fraud,
whether
upon
a
verdict
after
trial
or
upon
32
a
plea
of
guilty
or
nolo
contendere,
shall
estop
the
defendant
33
from
denying
the
essential
elements
of
the
offense
in
any
34
action
which
involves
the
same
transaction
as
in
the
criminal
35
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proceeding
and
which
is
brought
under
section
685.3,
subsection
1
1,
2,
or
3.
2
Sec.
403.
NEW
SECTION
.
685.5
Remedies
under
other
laws
——
3
application.
4
1.
The
provisions
of
this
chapter
are
not
exclusive,
and
the
5
remedies
provided
for
in
this
chapter
shall
be
in
addition
to
6
any
other
remedies
provided
for
in
any
other
law
or
available
7
under
common
law.
8
2.
This
chapter
shall
be
liberally
construed
and
applied
9
to
promote
the
public
interest.
This
chapter
shall
also
10
be
construed
and
applied
in
a
manner
that
reflects
the
11
congressional
intent
behind
the
federal
False
Claims
Act,
12
31
U.S.C.
§
3729-3733,
including
the
legislative
history
13
underlying
the
1986
amendments
to
the
federal
False
Claims
Act.
14
Sec.
404.
NEW
SECTION
.
685.6
Venue.
15
An
action
brought
under
this
chapter
may
be
brought
in
any
16
judicial
district
in
which
the
defendant
or,
in
the
case
of
17
multiple
defendants,
any
one
defendant
can
be
found,
resides,
18
transacts
business,
or
in
which
any
act
proscribed
under
this
19
chapter
occurred.
A
summons
as
required
by
the
rules
of
civil
20
procedure
shall
be
issued
by
the
appropriate
district
court
and
21
service
at
any
place
within
or
outside
the
United
States.
22
Sec.
405.
DEPARTMENT
OF
JUSTICE
-
FALSE
CLAIMS
ACT
23
ENFORCEMENT.
There
is
appropriated
from
the
general
fund
of
24
the
state
to
the
department
of
justice
for
the
fiscal
year
25
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
26
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
27
purposes
designated:
28
For
the
general
office
of
the
attorney
general,
including
29
salaries,
support,
maintenance,
miscellaneous
purposes,
and
for
30
not
more
than
the
following
full-time
equivalent
positions:
31
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
60,000
32
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
1.00
33
The
moneys
appropriated
in
this
section
shall
be
utilized
by
34
the
department
to
perform
the
duties
required
of
the
department
35
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under
chapter
685,
the
false
claims
act,
as
enacted
by
this
1
division
of
this
Act.
2
Sec.
406.
EFFECTIVE
UPON
ENACTMENT
AND
RETROACTIVE
3
APPLICABILITY.
This
division
of
this
Act,
being
deemed
of
4
immediate
importance,
takes
effect
upon
enactment
and
applies
5
retroactively
to
January
1,
2007.
6
DIVISION
XXIX
7
MEDICAID
PRESCRIPTION
DRUGS
8
Sec.
407.
Section
249A.20A,
subsection
4,
Code
2009,
is
9
amended
to
read
as
follows:
10
4.
With
the
exception
of
drugs
prescribed
for
the
treatment
11
of
human
immunodeficiency
virus
or
acquired
immune
deficiency
12
syndrome,
transplantation,
or
cancer
and
drugs
prescribed
13
for
mental
illness
with
the
exception
of
drugs
and
drug
14
compounds
that
do
not
have
a
significant
variation
in
a
15
therapeutic
profile
or
side
effect
profile
within
a
therapeutic
16
class,
prescribing
and
dispensing
of
prescription
drugs
not
17
included
on
the
preferred
drug
list
shall
be
subject
to
prior
18
authorization.
19
Sec.
408.
MEDICAID
NONPREFERRED
DRUG
LIST
PRESCRIBING.
20
1.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
21
to
restrict
physicians
and
other
prescribers
to
prescribing
22
not
more
than
a
72-hour
or
three-day
supply
of
a
prescription
23
drug
not
included
on
the
medical
assistance
preferred
drug
list
24
while
seeking
approval
to
continue
prescribing
the
medication.
25
2.
Notwithstanding
subsection
1,
the
department
shall
26
adopt
rules
pursuant
to
chapter
17A
to
restrict
a
physician
or
27
other
prescriber
prescribing
a
chemically
unique
mental
health
28
prescription
drug
to
prescribing
not
more
than
a
seven-day
29
supply
of
the
prescription
drug
while
requesting
approval
to
30
continue
to
prescribe
the
medication.
The
rules
shall
provide
31
that
if
an
approval
or
disapproval
is
not
received
by
the
32
physician
or
other
prescriber
within
48
hours
of
the
request,
33
the
request
is
deemed
approved.
34
Sec.
409.
MEDICAID
MENTAL
HEALTH
MEDICATIONS.
The
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department
shall
adopt
rules
pursuant
to
chapter
17A
to
require
1
that
unless
the
manufacturer
of
a
chemically
unique
mental
2
health
prescription
drug
enters
into
a
contract
to
provide
the
3
state
with
a
supplemental
rebate,
the
drug
may
be
placed
on
4
the
nonpreferred
drug
list
and
subject
to
prior
authorization
5
before
a
medical
assistance
program
recipient
is
able
to
obtain
6
the
drug.
The
department
shall
consult
with
the
national
7
alliance
on
mental
illness,
Iowa
chapter,
and
other
mental
8
health
patient
organizations
in
the
development
of
the
rules
9
and
the
development
of
associated
formularies.
The
rules
shall
10
provide
that
a
medical
assistance
program
recipient
whose
11
drug
regimen
is
established
prior
to
January
1,
2011,
on
a
12
chemically
unique
mental
health
prescription
drug
that
would
13
otherwise
be
placed
on
the
nonpreferred
drug
list
and
subject
14
to
prior
authorization
under
this
section,
shall
be
exempt
from
15
the
restrictions
of
this
section.
The
department
shall
not
16
adopt
rules
under
this
section
by
emergency
rulemaking
pursuant
17
to
section
17A.4,
subsection
3,
and
section
17A.5,
subsection
18
2,
paragraph
“b”
.
The
rules
adopted
pursuant
to
this
section
19
shall
not
take
effect
prior
to
January
1,
2011.
20
DIVISION
XXX
21
MEDICAID
DISEASE
MANAGEMENT
22
Sec.
410.
MEDICAID
DISEASE
MANAGEMENT
FOR
CHILDREN.
The
23
department
of
human
services
shall
design
and
implement
a
24
disease
management
program
for
children
to
address
the
most
25
prevalent
chronic
diseases
among
children
in
Iowa.
The
program
26
may
include
technology-based
disease
management,
in-person
or
27
telephonic
care
management,
self-management
strategies,
and
28
health
literacy
education
and
training.
29
DIVISION
XXXI
30
MEDICAID
HOME
AND
COMMUNITY-BASED
SERVICES
WAIVER
PAYMENTS
31
Sec.
411.
MEDICAID
HOME
AND
COMMUNITY-BASED
SERVICES
WAIVER
32
PAYMENTS
——
REVIEW.
The
department
of
human
services
shall
33
evaluate
payment
records
and
determine
the
proper
mechanism
34
to
trigger
a
review
of
payments
for
services
provided
under
a
35
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home
and
community-based
services
waiver
that
are
in
excess
of
1
the
median
amount
for
payments
through
the
waivers.
Following
2
development
of
the
trigger
mechanism,
the
department
shall
3
require
advance
approval
for
services
for
which
payment
is
4
projected
to
exceed
the
median.
5
DIVISION
XXXII
6
DIVESTITURE
——
MEDICAID
PROGRAM
7
Sec.
412.
Section
249F.1,
subsection
2,
paragraph
a,
Code
8
2009,
is
amended
to
read
as
follows:
9
a.
“Transfer
of
assets”
means
any
transfer
or
assignment
10
of
a
legal
or
equitable
interest
in
property,
as
defined
in
11
section
702.14,
from
a
transferor
to
a
transferee
for
less
than
12
fair
consideration,
made
while
the
transferor
is
receiving
13
medical
assistance
or
within
five
years
prior
to
application
14
for
medical
assistance
by
the
transferor.
Any
such
transfer
15
or
assignment
is
presumed
to
be
made
with
the
intent,
on
the
16
part
of
the
transferee
;
transferor;
or
another
person
acting
17
on
behalf
of
a
transferor
who
is
an
actual
or
implied
agent,
18
guardian,
attorney-in-fact,
or
person
acting
as
a
fiduciary
,
19
of
enabling
the
transferor
to
obtain
or
maintain
eligibility
20
for
medical
assistance
or
of
impacting
the
recovery
or
payment
21
of
a
medical
assistance
debt
.
This
presumption
is
rebuttable
22
only
by
clear
and
convincing
evidence
that
the
transferor’s
23
eligibility
or
potential
eligibility
for
medical
assistance
or
24
the
impact
on
the
recovery
or
payment
of
a
medical
assistance
25
debt
was
no
part
of
the
transferee’s
reason
of
the
transferee;
26
transferor;
or
other
person
acting
on
behalf
of
a
transferor
27
who
is
an
actual
or
implied
agent,
guardian,
attorney-in-fact,
28
or
person
acting
as
a
fiduciary
for
making
or
accepting
the
29
transfer
or
assignment.
A
transfer
of
assets
includes
a
30
transfer
of
an
interest
in
the
transferor’s
home,
domicile,
or
31
land
appertaining
to
such
home
or
domicile
while
the
transferor
32
is
receiving
medical
assistance,
unless
otherwise
exempt
under
33
paragraph
“b”
.
34
Sec.
413.
Section
249F.1,
subsection
2,
paragraph
b,
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subparagraph
(6),
Code
2009,
is
amended
to
read
as
follows:
1
(6)
Transfers
of
assets
that
would,
at
the
time
of
the
2
transferor’s
application
for
medical
assistance,
have
been
3
exempt
from
consideration
as
a
resource
if
retained
by
the
4
transferor,
pursuant
to
42
U.S.C.
§
1382b(a),
as
implemented
5
by
regulations
adopted
by
the
secretary
of
the
United
States
6
department
of
health
and
human
services
,
excluding
the
home
and
7
land
appertaining
to
the
home
.
8
DIVISION
XXXIII
9
CHILD
CARE
ADVISORY
COMMITTEE
10
Sec.
414.
NEW
SECTION
.
135.173A
Child
care
advisory
11
committee.
12
1.
The
early
childhood
Iowa
council
shall
establish
a
state
13
child
care
advisory
committee
as
part
of
the
council.
The
14
advisory
committee
shall
advise
and
make
recommendations
to
the
15
governor,
general
assembly,
department
of
human
services,
and
16
other
state
agencies
concerning
child
care.
17
2.
The
membership
of
the
advisory
committee
shall
consist
of
18
a
broad
spectrum
of
parents
and
other
persons
from
across
the
19
state
with
an
interest
in
or
involvement
with
child
care.
20
3.
Except
as
otherwise
provided,
the
voting
members
of
21
the
advisory
committee
shall
be
appointed
by
the
council
22
from
a
list
of
names
submitted
by
a
nominating
committee
to
23
consist
of
one
member
of
the
advisory
committee,
one
member
24
of
the
department
of
human
services’
child
care
staff,
three
25
consumers
of
child
care,
and
one
member
of
a
professional
child
26
care
organization.
Two
names
shall
be
submitted
for
each
27
appointment.
The
voting
members
shall
be
appointed
for
terms
28
of
three
years.
29
4.
The
voting
membership
of
the
advisory
committee
shall
be
30
appointed
in
a
manner
so
as
to
provide
equitable
representation
31
of
persons
with
an
interest
in
child
care
and
shall
include
all
32
of
the
following:
33
a.
Two
parents
of
children
served
by
a
registered
child
34
development
home.
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b.
Two
parents
of
children
served
by
a
licensed
center.
1
c.
Two
not-for-profit
child
care
providers.
2
d.
Two
for-profit
child
care
providers.
3
e.
One
child
care
home
provider.
4
f.
Three
child
development
home
providers.
5
g.
One
child
care
resource
and
referral
service
grantee.
6
h.
One
nongovernmental
child
advocacy
group
representative.
7
i.
One
designee
of
the
department
of
human
services.
8
j.
One
designee
of
the
Iowa
department
of
public
health.
9
k.
One
designee
of
the
department
of
education.
10
l.
One
head
start
program
provider.
11
m.
One
person
who
is
a
business
owner
or
executive
officer
12
from
nominees
submitted
by
the
Iowa
chamber
of
commerce
13
executives.
14
n.
One
designee
of
the
community
empowerment
office
of
the
15
department
of
management.
16
o.
One
person
who
is
a
member
of
the
Iowa
afterschool
17
alliance.
18
p.
One
person
who
is
part
of
a
local
program
implementing
19
the
statewide
preschool
program
for
four-year-old
children
20
under
chapter
256C.
21
q.
One
person
who
represents
the
early
childhood
Iowa
22
council.
23
5.
In
addition
to
the
voting
members
of
the
advisory
24
committee,
the
membership
shall
include
four
legislators
as
25
ex
officio,
nonvoting
members.
The
four
legislators
shall
26
be
appointed
one
each
by
the
majority
leader
of
the
senate,
27
the
minority
leader
of
the
senate,
the
speaker
of
the
house
28
of
representatives,
and
the
minority
leader
of
the
house
of
29
representatives
for
terms
as
provided
in
section
69.16B.
30
6.
In
fulfilling
the
advisory
committee’s
role,
the
31
committee
shall
do
all
of
the
following:
32
a.
Consult
with
the
department
of
human
services
and
make
33
recommendations
concerning
policy
issues
relating
to
child
34
care.
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b.
Advise
the
department
of
human
services
concerning
1
services
relating
to
child
care,
including
but
not
limited
to
2
any
of
the
following:
3
(1)
Resource
and
referral
services.
4
(2)
Provider
training.
5
(3)
Quality
improvement.
6
(4)
Public-private
partnerships.
7
(5)
Standards
review
and
development.
8
(6)
The
federal
child
care
and
development
block
grant,
9
state
funding,
grants,
and
other
funding
sources
for
child
10
care.
11
c.
Assist
the
department
of
human
services
in
developing
an
12
implementation
plan
to
provide
seamless
service
to
recipients
13
of
public
assistance,
which
includes
child
care
services.
14
For
the
purposes
of
this
subsection,
“seamless
service”
15
means
coordination,
where
possible,
of
the
federal
and
state
16
requirements
which
apply
to
child
care.
17
d.
Advise
and
provide
technical
services
to
the
director
of
18
the
department
of
education
or
the
director’s
designee
relating
19
to
prekindergarten,
kindergarten,
and
before
and
after
school
20
programming
and
facilities.
21
e.
Make
recommendations
concerning
child
care
expansion
22
programs
that
meet
the
needs
of
children
attending
a
core
23
education
program
by
providing
child
care
before
and
after
the
24
core
program
hours
and
during
times
when
the
core
program
does
25
not
operate.
26
f.
Make
recommendations
for
improving
collaborations
27
between
the
child
care
programs
involving
the
department
of
28
human
services
and
programs
supporting
the
education
and
29
development
of
young
children
including
but
not
limited
to
the
30
federal
head
start
program,
the
statewide
preschool
program
for
31
four-year-old
children
and
the
early
childhood,
at-risk,
and
32
other
early
education
programs
administered
by
the
department
33
of
education.
34
g.
Make
recommendations
for
eliminating
duplication
and
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otherwise
improving
the
eligibility
determination
processes
1
used
for
the
state
child
care
assistance
program
and
other
2
programs
supporting
low-income
families,
including
but
not
3
limited
to
the
federal
head
start,
early
head
start,
and
even
4
start
programs;
the
early
childhood,
at-risk,
and
preschool
5
programs
administered
by
the
department
of
education;
the
6
family
and
self-sufficiency
grant
program;
and
the
family
7
investment
program.
8
h.
Make
recommendations
as
to
the
most
effective
and
9
efficient
means
of
managing
the
state
and
federal
funding
10
available
for
the
state
child
care
assistance
program.
11
i.
Review
program
data
from
the
department
of
human
services
12
and
other
departments
concerning
child
care
as
deemed
to
be
13
necessary
by
the
advisory
committee,
although
a
department
14
shall
not
provide
personally
identifiable
data
or
information.
15
j.
Advise
and
assist
the
early
childhood
Iowa
council
in
16
developing
the
strategic
plan
required
pursuant
to
section
17
135.173.
18
7.
The
department
of
human
services
shall
provide
19
information
to
the
advisory
committee
semiannually
on
all
of
20
the
following:
21
a.
Federal,
state,
local,
and
private
revenues
and
22
expenditures
for
child
care,
including
but
not
limited
to
23
updates
on
the
current
and
future
status
of
the
revenues
and
24
expenditures.
25
b.
Financial
information
and
data
relating
to
regulation
of
26
child
care
by
the
department
of
human
services
and
the
usage
of
27
the
state
child
care
assistance
program.
28
c.
Utilization
and
availability
data
relating
to
child
care
29
regulation,
quantity,
and
quality
from
consumer
and
provider
30
perspectives.
31
d.
Statistical
and
demographic
data
regarding
child
care
32
providers
and
the
families
utilizing
child
care.
33
e.
Statistical
data
regarding
the
processing
time
for
34
issuing
notices
of
decision
to
state
child
care
assistance
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applicants
and
for
issuing
payments
to
child
care
providers.
1
8.
The
advisory
committee
shall
coordinate
with
the
early
2
childhood
Iowa
council
its
reporting
annually
in
December
3
to
the
governor
and
general
assembly
concerning
the
status
4
of
child
care
in
the
state,
providing
findings,
and
making
5
recommendations.
The
annual
report
may
be
personally
presented
6
to
the
general
assembly’s
standing
committees
on
human
7
resources
by
a
representative
of
the
advisory
committee.
8
Sec.
415.
Section
237A.1,
subsection
16,
Code
2009,
is
9
amended
to
read
as
follows:
10
16.
“State
child
care
advisory
council”
committee”
means
11
the
state
child
care
advisory
council
committee
established
12
pursuant
to
sections
237A.21
and
237A.22
section
135.173A
.
13
Sec.
416.
Section
237A.12,
subsection
3,
Code
2009,
is
14
amended
to
read
as
follows:
15
3.
Rules
relating
to
fire
safety
for
child
care
centers
16
shall
be
adopted
under
this
chapter
by
the
state
fire
marshal
17
in
consultation
with
the
department.
Rules
adopted
by
the
18
state
fire
marshal
for
a
building
which
is
owned
or
leased
by
a
19
school
district
or
accredited
nonpublic
school
and
used
as
a
20
child
care
facility
shall
not
differ
from
standards
adopted
by
21
the
state
fire
marshal
for
school
buildings
under
chapter
100.
22
Rules
relating
to
sanitation
shall
be
adopted
by
the
department
23
in
consultation
with
the
director
of
public
health.
All
rules
24
shall
be
developed
in
consultation
with
the
state
child
care
25
advisory
council
committee
.
The
state
fire
marshal
shall
26
inspect
the
facilities.
27
Sec.
417.
Section
237A.25,
subsection
1,
Code
2009,
is
28
amended
to
read
as
follows:
29
1.
The
department
shall
develop
consumer
information
30
material
to
assist
parents
in
selecting
a
child
care
provider.
31
In
developing
the
material,
the
department
shall
consult
with
32
department
of
human
services
staff,
department
of
education
33
staff,
the
state
child
care
advisory
council
committee
,
the
34
Iowa
empowerment
board,
and
child
care
resource
and
referral
35
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services.
In
addition,
the
department
may
consult
with
other
1
entities
at
the
local,
state,
and
national
level.
2
Sec.
418.
Section
237A.30,
subsection
1,
Code
2009,
is
3
amended
to
read
as
follows:
4
1.
The
department
shall
work
with
the
community
empowerment
5
office
of
the
department
of
management
established
in
section
6
28.3
and
the
state
child
care
advisory
council
committee
in
7
designing
and
implementing
a
voluntary
quality
rating
system
8
for
each
provider
type
of
child
care
facility.
9
Sec.
419.
Section
256.9,
subsection
32,
paragraph
b,
Code
10
Supplement
2009,
is
amended
to
read
as
follows:
11
b.
Standards
and
materials
developed
shall
include
12
materials
which
employ
developmentally
appropriate
practices
13
and
incorporate
substantial
parental
involvement.
The
14
materials
and
standards
shall
include
alternative
teaching
15
approaches
including
collaborative
teaching
and
alternative
16
dispute
resolution
training.
The
department
shall
consult
17
with
the
child
development
coordinating
council,
the
state
18
child
care
advisory
council
committee
established
pursuant
19
to
section
135.173A
,
the
department
of
human
services,
20
the
state
board
of
regents
center
for
early
developmental
21
education,
the
area
education
agencies,
the
department
of
22
child
human
development
and
family
studies
in
the
college
of
23
family
and
consumer
human
sciences
at
Iowa
state
university
of
24
science
and
technology,
the
early
childhood
elementary
division
25
of
the
college
of
education
at
the
university
of
Iowa,
and
the
26
college
of
education
at
the
university
of
northern
Iowa,
in
27
developing
these
standards
and
materials.
28
Sec.
420.
REPEAL.
Sections
237A.21
and
237A.22,
Code
29
Supplement
2009,
are
repealed.
30
Sec.
421.
IMPLEMENTATION
——
EFFECTIVE
DATE.
31
1.
The
early
childhood
Iowa
council
shall
develop
a
32
legislation
proposal
identifying
memberships
slots
for
33
the
state
child
care
advisory
committee
as
created
by
this
34
division
of
this
Act.
The
proposal
shall
ensure
that
there
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is
appropriate
representation
for
the
various
types
of
child
1
care
arrangements
available
in
the
state
and
for
expertise.
2
The
proposal
shall
be
submitted
to
the
governor
and
general
3
assembly
on
or
before
December
15,
2010.
4
2.
If
a
provision
of
this
Act
or
another
enactment
of
5
the
Eighty-third
General
Assembly
repeals
section
135.173
6
and
creates
the
early
childhood
Iowa
state
board
in
new
Code
7
chapter
256I,
the
early
childhood
Iowa
state
board
shall
8
fulfill
the
responsibilities
assigned
to
the
early
childhood
9
Iowa
council
in
subsection
1
and
the
department
of
education
10
shall
propose
corrective
legislation
for
the
provisions
of
11
this
division
of
this
Act
in
accordance
with
section
2.16
for
12
consideration
by
the
Eighty-fourth
General
Assembly,
2011
13
Regular
Session.
14
3.
The
provisions
of
this
division
of
this
Act
other
than
15
this
section
take
effect
July
1,
2011.
16
DIVISION
XXXIV
17
STATE
MENTAL
HEALTH
INSTITUTES
18
Sec.
422.
SHIFTING
OF
PROGRAMS
AT
STATE
MENTAL
HEALTH
19
INSTITUTES.
20
1.
The
department
of
human
services
shall
commence
all
of
21
the
following
during
the
fiscal
year
beginning
July
1,
2010:
22
a.
Shifting
the
program
for
juveniles
from
the
Cherokee
23
state
mental
health
institute
to
the
Independence
state
mental
24
health
institute.
25
b.
Shifting
the
adult
psychiatric
program
from
the
Clarinda
26
state
mental
health
institute
to
the
Cherokee
state
mental
27
health
institute.
28
c.
Shifting
the
gero-psychiatric
program
from
the
Clarinda
29
state
mental
health
institute
to
one
or
more
other
locations
30
where
quality
services
can
be
provided
under
the
program
in
a
31
cost-effective
manner.
In
implementing
this
paragraph,
the
32
department
shall
consider
all
of
the
following:
33
(1)
Developing
the
program
to
operate
in
smaller
separate
34
units
and
taking
other
measures
to
enable
the
program
to
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qualify
for
medical
assistance
program
funding.
1
(2)
Possible
program
locations
at
the
Glenwood
state
2
resource
center,
a
local
hospital
or
health
care
facility
with
3
suitable
available
space,
or
the
Iowa
veterans
home.
4
2.
The
department
of
human
services
shall
work
with
the
5
affected
patients
and
their
families
and
advocates,
the
6
department
of
corrections
and
other
state
agencies
involved,
7
affected
state
employees,
counties
and
other
units
of
local
8
government,
and
other
stakeholders
in
order
to
minimize
any
9
adverse
impacts
that
could
result
from
the
shifting
of
programs
10
in
accordance
with
subsection
1.
11
3.
The
department
of
human
services
may
adopt
12
administrative
rules
under
section
17A.4,
subsection
2,
and
13
section
17A.5,
subsection
2,
paragraph
“b”
,
to
implement
the
14
provisions
of
this
section
and
the
rules
shall
become
effective
15
immediately
upon
filing
or
on
a
later
effective
date
specified
16
in
the
rules,
unless
the
effective
date
is
delayed
by
the
17
administrative
rules
review
committee.
Any
rules
adopted
in
18
accordance
with
this
subsection
shall
not
take
effect
before
19
the
rules
are
reviewed
by
the
administrative
rules
review
20
committee.
The
delay
authority
provided
to
the
administrative
21
rules
review
committee
under
section
17A.4,
subsection
5,
and
22
section
17A.8,
subsection
9,
shall
be
applicable
to
a
delay
23
imposed
under
this
subsection,
notwithstanding
a
provision
24
in
those
sections
making
them
inapplicable
to
section
17A.5,
25
subsection
2,
paragraph
“b”
.
Any
rules
adopted
in
accordance
26
with
the
provisions
of
this
subsection
shall
also
be
published
27
as
notice
of
intended
action
as
provided
in
section
17A.4.
28
4.
The
department
of
human
services
shall
propose
29
legislation
in
accordance
with
section
2.16
to
provide
any
30
amendments
to
permanent
law
necessary
to
reflect
the
program
31
changes
made
pursuant
to
this
section.
32
Sec.
423.
IMPLEMENTATION.
Section
25B.2,
subsection
3,
33
shall
not
apply
to
this
division
of
this
Act.
34
Sec.
424.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
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Act,
being
deemed
of
immediate
importance,
takes
effect
upon
1
enactment.
2
DIVISION
XXXV
3
MH/MR/DD/BI
COMMISSION
DUTIES
4
Sec.
425.
Section
135C.23,
subsection
2,
paragraph
b,
Code
5
Supplement
2009,
is
amended
to
read
as
follows:
6
b.
This
section
does
not
prohibit
the
admission
of
a
7
patient
with
a
history
of
dangerous
or
disturbing
behavior
to
8
an
intermediate
care
facility
for
persons
with
mental
illness,
9
intermediate
care
facility
for
persons
with
mental
retardation,
10
nursing
facility,
or
county
care
facility
when
the
intermediate
11
care
facility
for
persons
with
mental
illness,
intermediate
12
care
facility
for
persons
with
mental
retardation,
nursing
13
facility,
or
county
care
facility
has
a
program
which
has
14
received
prior
approval
from
the
department
to
properly
care
15
for
and
manage
the
patient.
An
intermediate
care
facility
for
16
persons
with
mental
illness,
intermediate
care
facility
for
17
persons
with
mental
retardation,
nursing
facility,
or
county
18
care
facility
is
required
to
transfer
or
discharge
a
resident
19
with
dangerous
or
disturbing
behavior
when
the
intermediate
20
care
facility
for
persons
with
mental
illness,
intermediate
21
care
facility
for
persons
with
mental
retardation,
nursing
22
facility,
or
county
care
facility
cannot
control
the
resident’s
23
dangerous
or
disturbing
behavior.
The
department
,
in
24
coordination
with
the
state
mental
health,
mental
retardation,
25
developmental
disabilities,
and
brain
injury
commission
created
26
in
section
225C.5
,
shall
adopt
rules
pursuant
to
chapter
17A
27
for
programs
to
be
required
in
intermediate
care
facilities
28
for
persons
with
mental
illness,
intermediate
care
facilities
29
for
persons
with
mental
retardation,
nursing
facilities,
and
30
county
care
facilities
that
admit
patients
or
have
residents
31
with
histories
of
dangerous
or
disturbing
behavior.
32
Sec.
426.
Section
229.24,
subsection
3,
unnumbered
33
paragraph
1,
Code
2009,
is
amended
to
read
as
follows:
34
If
all
or
part
of
the
costs
associated
with
hospitalization
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of
an
individual
under
this
chapter
are
chargeable
to
a
1
county
of
legal
settlement,
the
clerk
of
the
district
court
2
shall
provide
to
the
county
of
legal
settlement
and
to
the
3
county
in
which
the
hospitalization
order
is
entered
,
in
a
4
form
prescribed
by
the
mental
health,
mental
retardation,
5
developmental
disabilities,
and
brain
injury
commission,
the
6
following
information
pertaining
to
the
individual
which
would
7
be
confidential
under
subsection
1:
8
Sec.
427.
Section
230A.2,
Code
2009,
is
amended
to
read
as
9
follows:
10
230A.2
Services
offered.
11
A
community
mental
health
center
established
or
operating
12
as
authorized
by
section
230A.1
may
offer
to
residents
of
the
13
county
or
counties
it
serves
any
or
all
of
the
mental
health
14
services
defined
by
the
mental
health,
mental
retardation,
15
developmental
disabilities,
and
brain
injury
commission
in
the
16
comprehensive
state
mental
health
and
disability
services
plan
17
under
section
225C.6B
.
18
Sec.
428.
Section
230A.15,
Code
2009,
is
amended
to
read
as
19
follows:
20
230A.15
Comprehensive
community
mental
health
program.
21
A
community
mental
health
center
established
or
operating
22
as
authorized
by
section
230A.1,
or
which
a
county
or
group
23
of
counties
has
agreed
to
establish
or
support
pursuant
24
to
that
section,
may
with
approval
of
the
board
or
boards
25
of
supervisors
of
the
county
or
counties
supporting
or
26
establishing
the
center,
undertake
to
provide
a
comprehensive
27
community
mental
health
program
for
the
county
or
counties.
28
A
center
providing
a
comprehensive
community
mental
health
29
program
shall,
at
a
minimum,
make
available
to
residents
of
the
30
county
or
counties
it
serves
all
of
the
comprehensive
mental
31
health
services
described
in
the
comprehensive
state
mental
32
health
and
disability
services
plan
under
section
225C.6B
.
33
Sec.
429.
Section
331.424A,
subsection
1,
Code
Supplement
34
2009,
is
amended
to
read
as
follows:
35
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1.
For
the
purposes
of
this
chapter,
unless
the
context
1
otherwise
requires,
“services
fund”
means
the
county
mental
2
health,
mental
retardation,
and
developmental
disabilities
3
services
fund
created
in
subsection
2.
The
county
finance
4
committee
created
in
section
333A.2
shall
consult
with
5
the
state
commission
in
adopting
shall
adopt
rules
and
6
prescribing
forms
for
administering
the
services
fund.
The
7
county
finance
committee
created
in
section
333A.2
shall
8
prescribe
forms
in
accordance
with
the
rules
adopted
by
the
9
state
commission.
The
forms
shall
allow
for
reporting
of
10
services
for
persons
with
brain
injury
and
other
optional
11
services
funded
through
a
services
fund.
12
Sec.
430.
Section
331.438,
subsection
1,
paragraph
b,
Code
13
2009,
is
amended
to
read
as
follows:
14
b.
“Qualified
mental
health,
mental
retardation,
and
15
developmental
disabilities
services”
means
the
services
16
specified
on
forms
issued
in
the
rules
adopted
by
the
county
17
finance
committee
following
consultation
with
the
state
18
commission
for
administering
the
services
fund,
pursuant
to
19
section
331.424A
.
20
Sec.
431.
Section
331.438,
subsection
4,
paragraph
b,
Code
21
2009,
is
amended
to
read
as
follows:
22
b.
The
state
commission
shall
do
all
of
the
following:
23
(1)
Identify
Receive
and
review
reports
from
the
department
24
of
human
services
identifying
characteristics
of
the
25
service
county
services
system,
including
amounts
expended,
26
equity
of
funding
among
counties,
funding
sources,
provider
27
types,
service
availability,
and
equity
of
service
availability
28
among
counties
and
among
persons
served.
29
(2)
Assess
the
accuracy
and
uniformity
of
recordkeeping
and
30
reporting
in
the
service
system.
31
(3)
Identify
for
each
county
the
factors
associated
with
32
inflationary
growth
of
the
service
system.
33
(4)
Identify
opportunities
for
containing
service
system
34
growth.
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(5)
(2)
Consider
proposals
for
revising
service
county
1
services
system
administrative
rules.
2
(6)
Consider
provisions
and
adopt
rules
for
counties
to
3
implement
a
central
point
of
coordination
to
plan,
budget,
4
and
monitor
county
expenditures
for
the
service
system.
The
5
provisions
shall
provide
options
for
counties
to
implement
6
the
central
point
of
coordination
in
collaboration
with
other
7
counties.
8
(7)
Develop
criteria
for
annual
county
mental
health,
9
mental
retardation,
and
developmental
disabilities
plans.
10
(8)
(3)
Adopt
administrative
rules
identifying
qualified
11
mental
health,
mental
retardation,
and
developmental
12
disabilities
service
expenditures
for
purposes
of
state
payment
13
pursuant
to
subsection
1
relating
to
county
management
plans
.
14
(9)
Adopt
rules
for
the
county
central
point
of
coordination
15
and
clinical
assessment
processes
required
under
section
16
331.440
and
other
rules
necessary
for
the
implementation
of
17
county
management
plans
and
expenditure
reports
required
for
18
state
payment
pursuant
to
section
331.439
.
19
(10)
Consider
recommendations
to
improve
the
programs
and
20
cost-effectiveness
of
state
and
county
contracting
processes
21
and
procedures,
including
strategies
for
negotiations
relating
22
to
managed
care.
The
recommendations
implemented
by
the
23
commission
for
the
state
and
county
regarding
managed
care
24
shall
include
but
are
not
limited
to
standards
for
limiting
25
excess
costs
and
profits,
and
for
restricting
cost
shifting
26
under
a
managed
care
system.
27
(11)
(4)
Provide
input,
when
appropriate,
to
the
director
28
of
human
services
in
any
decision
involving
administrative
29
rules
which
were
adopted
by
the
department
of
human
services
30
pertaining
to
the
mental
illness,
mental
retardation,
and
31
developmental
disabilities
services
system
administered
by
32
counties.
33
(12)
Identify
the
fiscal
impact
of
existing
or
proposed
34
legislation
and
administrative
rules
on
state
and
county
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expenditures.
1
(13)
Adopt
administrative
rules
providing
statewide
2
standards
and
a
monitoring
methodology
to
determine
whether
3
cost-effective
individualized
services
are
available
as
4
required
pursuant
to
section
331.439,
subsection
1
,
paragraph
5
“b”
.
6
(14)
(5)
Consider
recommendations
for
and
adopt
7
administrative
rules
establishing
statewide
minimum
standards
8
for
services
and
other
support
required
to
be
available
to
9
persons
covered
by
a
county
management
plan
under
section
10
331.439.
11
(15)
(6)
Consider
recommendations
for
measuring
and
12
improving
the
quality
of
state
and
county
mental
health,
mental
13
retardation,
and
developmental
disabilities
services
and
other
14
support.
15
(16)
Develop
a
procedure
for
each
county
to
disclose
to
16
the
department
of
human
services
information
approved
by
the
17
commission
concerning
the
mental
health,
mental
retardation,
18
developmental
disabilities,
and
brain
injury
services
provided
19
to
the
individuals
served
through
the
county
central
point
20
of
coordination
process.
The
procedure
shall
incorporate
21
protections
to
ensure
that
if
individually
identified
22
information
is
disclosed,
it
is
disclosed
and
maintained
in
23
compliance
with
applicable
Iowa
and
federal
confidentiality
24
laws,
including
but
not
limited
to
federal
Health
Insurance
25
Portability
and
Accountability
Act,
Pub.
L.
No.
104-191,
26
requirements.
27
Sec.
432.
Section
331.439,
subsection
1,
unnumbered
28
paragraph
1,
Code
2009,
is
amended
to
read
as
follows:
29
The
state
payment
to
eligible
counties
under
this
section
30
shall
be
made
as
provided
in
sections
331.438
and
426B.2.
A
31
county
is
eligible
for
the
state
payment,
as
defined
in
section
32
331.438,
for
a
fiscal
year
if
the
director
of
human
services
,
33
in
consultation
with
the
state
commission,
determines
for
a
34
specific
fiscal
year
that
all
of
the
following
conditions
are
35
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met:
1
Sec.
433.
Section
331.439,
subsection
1,
paragraph
a,
Code
2
2009,
is
amended
to
read
as
follows:
3
a.
The
county
accurately
reported
by
December
1
the
4
county’s
expenditures
for
mental
health,
mental
retardation,
5
and
developmental
disabilities
services
and
the
information
6
required
under
section
225C.6A,
subsection
2
3
,
paragraph
7
“c”
,
for
the
previous
fiscal
year
on
forms
prescribed
by
in
8
accordance
with
rules
adopted
by
the
state
commission.
If
9
the
department
determines
good
cause
exists,
the
department
10
may
extend
a
deadline
otherwise
imposed
under
this
chapter,
11
chapter
225C,
or
chapter
426B
for
a
county’s
reporting
12
concerning
mental
health,
mental
retardation,
or
developmental
13
disabilities
services
or
related
revenues
and
expenditures.
14
Sec.
434.
Section
331.439,
subsection
1,
paragraph
b,
15
unnumbered
paragraph
1,
Code
2009,
is
amended
to
read
as
16
follows:
17
The
county
developed
and
implemented
a
county
management
18
plan
for
the
county’s
mental
health,
mental
retardation,
and
19
developmental
disabilities
services
system
in
accordance
with
20
the
provisions
of
this
paragraph
“b”
.
The
plan
shall
comply
21
with
the
administrative
rules
adopted
for
this
purpose
by
the
22
state
commission
and
is
subject
to
the
approval
of
the
director
23
of
human
services
in
consultation
with
the
state
commission.
24
The
plan
shall
include
a
description
of
the
county’s
service
25
management
provision
for
mental
health,
mental
retardation,
and
26
developmental
disabilities
services.
For
mental
retardation
27
and
developmental
disabilities
service
management,
the
plan
28
shall
describe
the
county’s
development
and
implementation
of
a
29
managed
system
of
cost-effective
individualized
services
and
30
shall
comply
with
the
provisions
of
paragraph
“f”
.
The
goal
31
of
this
part
of
the
plan
shall
be
to
assist
the
individuals
32
served
to
be
as
independent,
productive,
and
integrated
into
33
the
community
as
possible.
The
service
management
provisions
34
for
mental
health
shall
comply
with
the
provisions
of
paragraph
35
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“e”
.
A
county
is
subject
to
all
of
the
following
provisions
1
in
regard
to
the
county’s
services
system
management
plan
and
2
planning
process:
3
Sec.
435.
Section
331.439,
subsection
1,
paragraph
b,
4
subparagraphs
(2)
and
(3),
Code
2009,
are
amended
to
read
as
5
follows:
6
(2)
For
informational
purposes,
the
county
shall
submit
a
7
management
plan
review
to
the
department
of
human
services
by
8
December
1
of
each
year.
The
annual
review
shall
incorporate
9
an
analysis
of
the
data
associated
with
the
services
10
system
managed
during
the
preceding
fiscal
year
by
the
county
11
or
by
a
managed
care
private
entity
on
behalf
of
the
county.
12
The
annual
review
shall
also
identify
measurable
outcomes
13
and
results
showing
the
county’s
progress
in
fulfilling
14
the
purposes
listed
in
paragraph
“c”
,
and
in
achieving
the
15
disability
services
outcomes
and
indicators
identified
by
the
16
commission
pursuant
to
section
225C.6.
17
(3)
For
informational
purposes,
every
three
years
the
18
county
shall
submit
to
the
department
of
human
services
a
19
three-year
strategic
plan.
The
strategic
plan
shall
describe
20
how
the
county
will
proceed
to
attain
the
plan’s
goals
and
21
objectives,
and
the
measurable
outcomes
and
results
necessary
22
for
moving
the
county’s
service
services
system
toward
an
23
individualized,
community-based
focus
in
accordance
with
24
paragraph
“c”
.
The
three-year
strategic
plan
shall
be
25
submitted
by
April
1,
2000,
and
by
April
1
of
every
third
year
26
thereafter.
27
Sec.
436.
Section
331.439,
subsection
1,
paragraphs
c,
e,
28
and
f,
Code
2009,
are
amended
to
read
as
follows:
29
c.
The
county
implements
its
county
management
plan
under
30
paragraph
“b”
and
other
service
management
functions
in
a
31
manner
that
seeks
to
achieve
all
of
the
following
purposes
32
identified
in
section
225C.1
for
persons
who
are
covered
by
the
33
plan
or
are
otherwise
subject
to
the
county’s
service
services
34
system
management
functions:
35
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(1)
The
service
services
system
seeks
to
empower
persons
1
to
exercise
their
own
choices
about
the
amounts
and
types
of
2
services
and
other
support
received.
3
(2)
The
service
services
system
seeks
to
empower
the
persons
4
to
accept
responsibility,
exercise
choices,
and
take
risks.
5
(3)
The
service
services
system
seeks
to
provide
services
6
and
other
support
that
are
individualized,
provided
to
produce
7
results,
flexible,
and
cost-effective.
8
(4)
The
service
services
system
seeks
to
provide
services
9
and
other
supports
support
in
a
manner
which
supports
the
10
ability
of
the
persons
to
live,
learn,
work,
and
recreate
in
11
communities
of
their
choice.
12
e.
(1)
For
mental
health
service
management,
the
county
13
may
either
directly
implement
a
system
of
service
management
14
and
contract
with
service
providers,
or
contract
with
a
15
private
entity
to
manage
the
county
services
system,
provided
16
all
requirements
of
this
lettered
paragraph
are
met
by
the
17
private
entity.
The
mental
health
service
management
services
18
system
shall
incorporate
a
central
point
of
coordination
and
19
clinical
assessment
process
developed
in
accordance
with
the
20
provisions
of
section
331.440.
21
(2)
A
managed
care
The
county
services
system
for
mental
22
health
proposed
by
a
county
shall
include
but
is
not
limited
23
to
all
of
the
following
elements
which
shall
be
specified
in
24
administrative
rules
adopted
by
the
state
commission:
25
(a)
The
enrollment
and
eligibility
process.
26
(b)
The
scope
of
services
included.
27
(c)
The
method
of
plan
administration.
28
(d)
The
process
for
managing
utilization
and
access
to
29
services
and
other
assistance.
30
(e)
The
quality
assurance
process.
31
(f)
The
risk
management
provisions
and
fiscal
viability
of
32
the
provisions,
if
the
county
contracts
with
a
private
managed
33
care
entity.
34
f.
For
mental
retardation
and
developmental
disabilities
35
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services
management,
the
county
must
either
develop
and
1
implement
a
managed
system
of
care
which
addresses
a
full
2
array
of
appropriate
services
and
cost-effective
delivery
of
3
services
by
contracting
directly
with
service
providers
or
4
contract
by
contracting
with
a
state-approved
managed
care
5
contractor
or
contractors
private
entity
to
manage
the
county
6
services
system
.
Any
system
or
contract
implemented
under
7
this
paragraph
The
county
services
system
shall
incorporate
a
8
central
point
of
coordination
and
clinical
assessment
process
9
developed
in
accordance
with
the
provisions
of
section
331.440.
10
The
elements
of
the
county
managed
system
of
care
a
county
11
services
system
shall
be
specified
in
rules
developed
by
the
12
department
of
human
services
in
consultation
with
and
adopted
13
by
the
state
commission.
14
Sec.
437.
Section
331.439,
subsection
3,
paragraph
b,
Code
15
2009,
is
amended
to
read
as
follows:
16
b.
Based
upon
information
contained
in
county
management
17
plans
and
budgets
and
proposals
made
by
representatives
of
18
counties,
the
state
commission
shall
recommend
an
allowed
19
growth
factor
adjustment
to
the
governor
by
November
15
20
for
the
fiscal
year
which
commences
two
years
from
the
21
beginning
date
of
the
fiscal
year
in
progress
at
the
time
the
22
recommendation
is
made.
The
allowed
growth
factor
adjustment
23
shall
may
address
various
costs
including
but
not
limited
to
24
the
costs
associated
with
new
consumers
of
service,
service
25
cost
inflation,
and
investments
for
economy
and
efficiency.
In
26
developing
the
service
cost
inflation
recommendation,
the
state
27
commission
shall
consider
the
cost
trends
indicated
by
the
28
gross
expenditure
amount
reported
in
the
expenditure
reports
29
submitted
by
counties
pursuant
to
subsection
1,
paragraph
30
“a”
.
The
governor
shall
consider
the
state
commission’s
31
recommendation
in
developing
the
governor’s
recommendation
for
32
an
allowed
growth
factor
adjustment
for
such
fiscal
year.
The
33
governor’s
recommendation
shall
be
submitted
at
the
time
the
34
governor’s
proposed
budget
for
the
succeeding
fiscal
year
is
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submitted
in
accordance
with
chapter
8.
1
Sec.
438.
Section
331.439,
subsection
7,
Code
2009,
is
2
amended
to
read
as
follows:
3
7.
A
county
shall
annually
report
data
concerning
the
4
county’s
services
system
managed
by
in
accordance
with
the
5
county
management
plan
.
At
a
minimum,
the
data
reported
shall
6
indicate
the
number
of
different
individuals
who
utilized
7
services
in
a
fiscal
year
and
the
various
types
of
services.
8
Data
reported
under
this
subsection
shall
be
submitted
with
9
the
county’s
expenditure
report
required
under
subsection
1,
10
paragraph
“a”
.
11
DIVISION
XXXVI
12
MH/MR/DD/BI
SERVICES
13
Sec.
439.
Section
225C.4,
subsection
1,
paragraph
a,
Code
14
2009,
is
amended
to
read
as
follows:
15
a.
Prepare
and
administer
the
comprehensive
mental
health
16
and
disability
services
plan
as
provided
in
section
225C.6B,
17
including
state
mental
health
and
mental
retardation
plans
18
for
the
provision
of
disability
services
within
the
state
and
19
prepare
and
administer
the
state
developmental
disabilities
20
plan.
The
administrator
shall
consult
with
the
Iowa
department
21
of
public
health,
the
state
board
of
regents
or
a
body
22
designated
by
the
board
for
that
purpose,
the
department
23
of
management
or
a
body
designated
by
the
director
of
the
24
department
for
that
purpose,
the
department
of
education,
the
25
department
of
workforce
development
and
any
other
appropriate
26
governmental
body,
in
order
to
facilitate
coordination
of
27
disability
services
provided
in
this
state.
The
state
mental
28
health
and
mental
retardation
plans
shall
be
consistent
with
29
the
state
health
plan,
and
shall
incorporate
county
disability
30
services
plans.
31
Sec.
440.
Section
225C.6,
subsections
1
and
3,
Code
2009,
32
are
amended
to
read
as
follows:
33
1.
To
the
extent
funding
is
available,
the
commission
shall
34
perform
the
following
duties:
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a.
Advise
the
administrator
on
the
administration
of
the
1
overall
state
disability
services
system.
2
b.
Adopt
necessary
rules
pursuant
to
chapter
17A
which
3
relate
to
disability
programs
and
services,
including
but
not
4
limited
to
definitions
of
each
disability
included
within
the
5
term
“disability
services”
as
necessary
for
purposes
of
state,
6
county,
and
regional
planning,
programs,
and
services.
7
c.
Adopt
standards
for
community
mental
health
centers,
8
services,
and
programs
as
recommended
under
section
230A.16.
9
The
commission
administrator
shall
determine
whether
to
grant,
10
deny,
or
revoke
the
accreditation
of
the
centers,
services,
and
11
programs.
12
d.
Adopt
standards
for
the
care
of
and
services
to
persons
13
with
mental
illness
and
mental
retardation
residing
in
county
14
care
facilities
recommended
under
section
227.4
the
provision
15
under
medical
assistance
of
individual
case
management
16
services
.
17
e.
Unless
another
governmental
body
sets
standards
for
a
18
service
available
to
persons
with
disabilities,
adopt
state
19
standards
for
that
service.
The
commission
shall
provide
that
20
a
service
provider’s
compliance
with
standards
for
a
service
21
set
by
a
nationally
recognized
body
shall
be
deemed
to
be
in
22
compliance
with
the
state
standards
adopted
by
the
commission
23
for
that
service.
The
commission
shall
adopt
state
standards
24
for
those
residential
and
community-based
providers
of
services
25
to
persons
with
mental
illness
or
developmental
disabilities
26
that
are
not
otherwise
subject
to
licensure
by
the
department
27
of
human
services
or
department
of
inspections
and
appeals,
28
including
but
not
limited
to
remedial
services
payable
under
29
the
medical
assistance
program
and
other
services
payable
from
30
funds
credited
to
a
county
mental
health,
mental
retardation,
31
and
developmental
disabilities
services
fund
created
in
section
32
331.424A
.
In
addition,
the
The
commission
shall
review
the
33
licensing
standards
used
by
the
department
of
human
services
34
or
department
of
inspections
and
appeals
for
those
facilities
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providing
disability
services
to
persons
with
mental
illness
1
or
developmental
disabilities
.
2
f.
Assure
that
proper
reconsideration
and
appeal
procedures
3
are
available
to
persons
aggrieved
by
decisions,
actions,
or
4
circumstances
relating
to
accreditation.
5
g.
Adopt
necessary
rules
for
awarding
grants
from
the
state
6
and
federal
government
as
well
as
other
moneys
that
become
7
available
to
the
division
for
grant
purposes.
8
h.
Annually
submit
to
the
governor
and
the
general
assembly:
9
(1)
A
report
concerning
the
activities
of
the
commission.
10
(2)
Recommendations
formulated
by
the
commission
for
11
changes
in
law.
12
i.
By
January
1
of
each
odd-numbered
year,
submit
to
the
13
governor
and
the
general
assembly
an
evaluation
of:
14
(1)
The
extent
to
which
services
to
persons
with
15
disabilities
are
actually
available
to
persons
in
each
county
16
in
the
state
and
the
quality
of
those
services.
17
(2)
The
effectiveness
of
the
services
being
provided
by
18
disability
service
providers
in
this
state
and
by
each
of
the
19
state
mental
health
institutes
established
under
chapter
226
20
and
by
each
of
the
state
resource
centers
established
under
21
chapter
222.
22
j.
Advise
the
administrator,
the
council
on
human
services,
23
the
governor,
and
the
general
assembly
on
budgets
and
24
appropriations
concerning
disability
services.
25
k.
Coordinate
activities
with
the
governor’s
developmental
26
disabilities
council
and
the
mental
health
planning
council,
27
created
pursuant
to
federal
law
.
Work
with
other
state
28
agencies
on
coordinating,
collaborating,
and
communicating
29
concerning
activities
involving
persons
with
disabilities.
30
l.
Establish
standards
for
the
provision
under
medical
31
assistance
of
individual
case
management
services.
The
32
commission
shall
determine
whether
to
grant,
deny,
or
revoke
33
the
accreditation
of
the
services.
34
m.
l.
Identify
basic
financial
eligibility
standards
for
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disability
services.
The
standards
shall
include
but
are
not
1
limited
to
the
following:
2
(1)
A
financial
eligibility
standard
providing
that
a
3
person
with
an
income
equal
to
or
less
than
one
hundred
fifty
4
percent
of
the
federal
poverty
level,
as
defined
by
the
most
5
recently
revised
poverty
income
guidelines
published
by
the
6
United
States
department
of
health
and
human
services,
is
7
eligible
for
disability
services
paid
with
public
funding.
8
However,
a
county
may
apply
a
copayment
requirement
for
a
9
particular
disability
service
to
a
person
with
an
income
10
equal
to
or
less
than
one
hundred
fifty
percent
of
the
11
federal
poverty
level,
provided
the
disability
service
and
12
the
copayment
amount
both
comply
with
rules
adopted
by
the
13
commission
applying
uniform
standards
with
respect
to
copayment
14
requirements.
A
person
with
an
income
above
one
hundred
fifty
15
percent
of
the
federal
poverty
level
may
be
eligible
subject
16
to
a
copayment
or
other
cost-sharing
arrangement
subject
to
17
limitations
adopted
in
rule
by
the
commission.
18
(2)
A
requirement
that
a
person
who
is
eligible
for
19
federally
funded
services
and
other
support
must
apply
for
the
20
services
and
support.
21
(3)
Resource
limitations
that
are
derived
from
the
federal
22
supplemental
security
income
program
limitations.
A
person
23
with
resources
above
the
federal
supplemental
security
income
24
program
limitations
may
be
eligible
subject
to
limitations
25
adopted
in
rule
by
the
commission.
If
a
person
does
not
26
qualify
for
federally
funded
services
and
other
support
27
but
meets
income,
resource,
and
functional
eligibility
28
requirements,
the
following
types
of
resources
shall
be
29
disregarded:
30
(a)
A
retirement
account
that
is
in
the
accumulation
stage.
31
(b)
A
burial,
medical
savings,
or
assistive
technology
32
account.
33
n.
m.
Identify
disability
services
outcomes
and
indicators
34
to
support
the
ability
of
eligible
persons
with
a
disability
to
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live,
learn,
work,
and
recreate
in
communities
of
the
persons’
1
choice.
The
identification
duty
includes
but
is
not
limited
to
2
responsibility
for
identifying,
collecting,
and
analyzing
data
3
as
necessary
to
issue
reports
on
outcomes
and
indicators
at
the
4
county
and
state
levels.
5
o.
Prepare
five-year
plans
based
upon
the
county
management
6
plans
developed
pursuant
to
section
331.439
.
7
p.
Work
with
other
state
agencies
on
coordinating,
8
collaborating,
and
communicating
concerning
activities
9
involving
persons
with
disabilities.
10
q.
Perform
analyses
and
other
functions
associated
with
11
a
redesign
of
the
mental
health
and
developmental
disability
12
services
systems
for
adults
and
for
children.
13
3.
If
the
executive
branch
creates
a
committee,
task
force,
14
council,
or
other
advisory
body
to
consider
mental
health
15
and
developmental
disabilities
disability
services
policy
,
16
services,
or
program
options
involving
children
or
adult
17
consumers,
the
commission
is
designated
to
receive
and
consider
18
any
report,
findings,
recommendations,
or
other
work
product
19
issued
by
such
body.
The
commission
may
address
the
report,
20
findings,
recommendations,
or
other
work
product
in
fulfilling
21
the
commission’s
functions
and
to
advise
the
department,
22
council
on
human
services,
governor,
and
general
assembly
23
concerning
disability
services.
24
Sec.
441.
Section
225C.6A,
Code
2009,
is
amended
to
read
as
25
follows:
26
225C.6A
Mental
health,
developmental
disability,
and
brain
27
injury
service
system
redesign
implementation
.
28
1.
Purpose.
It
is
the
intent
of
the
general
assembly
29
to
implement
a
redesign
of
the
mental
health,
developmental
30
disability,
and
brain
injury
service
system
over
a
period
of
31
years
in
order
to
transition
to
a
coordinated
system
for
Iowans
32
with
mental
illness,
mental
retardation
or
other
developmental
33
disabilities,
or
brain
injury.
Because
of
the
significance
of
34
the
redesign
to
the
persons
who
may
be
affected
by
it
and
the
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degree
of
uncertainty
regarding
the
extent
of
funding
changes
1
necessary
for
implementation,
the
department
and
the
commission
2
shall
not
implement
a
redesign
provision
through
rulemaking
or
3
other
means
unless
specific
statutory
authority
provides
for
4
the
provision’s
implementation.
5
2.
Initial
activities.
For
the
fiscal
years
beginning
6
July
1,
2004,
and
July
1,
2005,
the
The
commission
shall
do
7
the
following
relating
to
redesign
of
the
disability
services
8
system
in
the
state
:
9
a.
1.
Identify
sources
of
revenue
to
support
statewide
10
delivery
of
core
disability
services
to
eligible
disability
11
populations.
12
b.
Further
develop
adult
disability
services
system
redesign
13
proposals
and
propose
a
redesign
of
the
children’s
disability
14
service
system.
The
redesign
of
the
children’s
system
shall
15
address
issues
associated
with
an
individual’s
transition
16
between
the
two
systems.
17
2.
Ensure
there
is
a
continuous
improvement
process
for
18
development
and
maintenance
of
the
disability
services
system
19
for
adults
and
children.
The
process
shall
include
but
is
not
20
limited
to
data
collection
and
reporting
provisions.
21
c.
(1)
3.
a.
Plan,
collect,
and
analyze
data
as
necessary
22
to
issue
cost
estimates
for
serving
additional
populations
and
23
providing
core
disability
services
statewide.
The
department
24
shall
maintain
compliance
with
applicable
federal
and
state
25
privacy
laws
to
ensure
the
confidentiality
and
integrity
of
26
individually
identifiable
disability
services
data.
The
27
department
shall
regularly
assess
the
status
of
the
compliance
28
in
order
to
assure
that
data
security
is
protected.
29
(2)
b.
In
implementing
a
system
under
this
paragraph
30
“c”
subsection
for
collecting
and
analyzing
state,
county,
31
and
private
contractor
data,
the
department
shall
establish
a
32
client
identifier
for
the
individuals
receiving
services.
The
33
client
identifier
shall
be
used
in
lieu
of
the
individual’s
34
name
or
social
security
number.
The
client
identifier
shall
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consist
of
the
last
four
digits
of
an
individual’s
social
1
security
number,
the
first
three
letters
of
the
individual’s
2
last
name,
the
individual’s
date
of
birth,
and
the
individual’s
3
gender
in
an
order
determined
by
the
department.
4
(3)
c.
Each
county
shall
report
to
the
department
annually
5
on
or
before
December
1,
for
the
preceding
fiscal
year
the
6
following
information
for
each
individual
served:
demographic
7
information,
expenditure
data,
and
data
concerning
the
services
8
and
other
support
provided
to
each
individual,
as
specified
in
9
administrative
rule
adopted
by
the
commission.
10
d.
With
consumer
input,
identify
and
propose
standardized
11
functional
assessment
tools
and
processes
for
use
in
the
12
eligibility
determination
process
when
eligibility
for
a
13
particular
disability
population
group
is
implemented.
The
14
tools
and
processes
shall
be
integrated
with
those
utilized
15
for
the
medical
assistance
program
under
chapter
249A
.
For
16
the
initial
diagnostic
criteria,
the
commission
shall
consider
17
identifying
a
qualifying
functional
assessment
score
and
any
18
of
the
following
diagnoses:
mental
illness,
chronic
mental
19
illness,
mental
retardation,
developmental
disability,
or
brain
20
injury.
21
e.
The
commission
shall
adopt
a
multiyear
plan
for
22
developing
and
providing
the
data,
cost
projections,
revenue
23
requirements,
and
other
information
needed
to
support
decision
24
making
concerning
redesign
provisions.
The
information
shall
25
be
provided
as
part
of
the
commission’s
regular
reports
to
the
26
governor
and
general
assembly
or
more
often
as
determined
to
be
27
appropriate
by
the
commission.
28
f.
Propose
case
rates
for
disability
services.
29
g.
4.
Work
with
county
representatives
and
other
qualified
30
persons
to
develop
an
implementation
plan
for
replacing
the
31
county
of
legal
settlement
approach
to
determining
service
32
system
funding
responsibilities
with
an
approach
based
upon
33
residency.
The
plan
shall
address
a
statewide
standard
for
34
proof
of
residency,
outline
a
plan
for
establishing
a
data
35
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system
for
identifying
residency
of
eligible
individuals,
1
address
residency
issues
for
individuals
who
began
residing
in
2
a
county
due
to
a
court
order
or
criminal
sentence
or
to
obtain
3
services
in
that
county,
recommend
an
approach
for
contesting
4
a
residency
determination,
and
address
other
implementation
5
issues.
6
Sec.
442.
Section
225C.6B,
subsection
1,
Code
2009,
is
7
amended
to
read
as
follows:
8
1.
Intent.
9
a.
The
general
assembly
intends
for
the
state
to
implement
10
a
comprehensive,
continuous,
and
integrated
state
mental
11
health
and
disability
services
plan
in
accordance
with
12
the
requirements
of
sections
225C.4
and
225C.6
and
other
13
provisions
of
this
chapter,
by
increasing
the
department’s
14
responsibilities
in
the
development,
funding,
oversight,
and
15
ongoing
leadership
of
mental
health
and
disability
services
in
16
this
state.
17
b.
In
order
to
further
the
purposes
listed
in
18
sections
section
225C.1
and
225C.27
and
in
other
provisions
19
of
this
chapter,
the
general
assembly
intends
that
efforts
20
focus
on
the
goal
of
making
available
a
comprehensive
array
21
of
high-quality,
evidence-based
consumer
and
family-centered
22
mental
health
and
disability
services
and
other
support
in
the
23
least
restrictive,
community-based
setting
appropriate
for
a
24
consumer.
25
c.
In
addition,
it
is
the
intent
of
the
general
assembly
26
to
promote
policies
and
practices
that
achieve
for
consumers
27
the
earliest
possible
detection
of
mental
health
problems
and
28
the
need
for
disability
services
and
for
early
intervention;
29
to
stress
that
all
health
care
programs
address
mental
30
health
disorders
with
the
same
urgency
as
physical
health
31
disorders;
to
promote
the
policies
of
all
public
programs
32
that
serve
adults
and
children
with
mental
disorders
or
with
33
a
need
for
disability
services
,
including
but
not
limited
to
34
child
welfare,
Medicaid,
education,
housing,
criminal
and
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juvenile
justice,
substance
abuse
treatment,
and
employment
1
services;
to
consider
the
special
mental
health
and
disability
2
services
needs
of
adults
and
children;
and
to
promote
recovery
3
and
resiliency
as
expected
outcomes
for
all
consumers.
4
Sec.
443.
Section
225C.6B,
subsection
2,
Code
2009,
is
5
amended
by
striking
the
subsection
and
inserting
in
lieu
6
thereof
the
following:
7
2.
Comprehensive
plan.
The
division
shall
develop
a
8
comprehensive
written
five-year
state
mental
health
and
9
disability
services
plan
with
annual
updates
and
readopt
10
the
plan
every
five
years.
The
plan
shall
describe
the
key
11
components
of
the
state’s
mental
health
and
disability
services
12
system,
including
the
services
that
are
community-based,
state
13
institution-based,
or
regional
or
state-based.
The
five-year
14
plan
and
each
update
shall
be
submitted
annually
to
the
15
commission
on
or
before
October
30
for
review
and
approval.
16
Sec.
444.
Section
225C.21,
subsection
2,
Code
2009,
is
17
amended
to
read
as
follows:
18
2.
The
commission
shall
adopt
rules
pursuant
to
chapter
17A
19
establishing
minimum
standards
for
supported
community
living
20
services.
The
commission
administrator
shall
determine
whether
21
to
grant,
deny,
or
revoke
approval
for
any
supported
community
22
living
service.
23
Sec.
445.
Section
225C.52,
subsection
1,
Code
2009,
is
24
amended
to
read
as
follows:
25
1.
Establishing
a
comprehensive
community-based
mental
26
health
services
system
for
children
and
youth
is
part
of
27
fulfilling
the
requirements
of
the
division
and
the
commission
28
to
facilitate
a
comprehensive,
continuous,
and
integrated
state
29
mental
health
and
disability
services
plan
in
accordance
with
30
sections
225C.4,
225C.6,
and
225C.6A,
and
other
provisions
31
of
this
chapter.
The
purpose
of
establishing
the
children’s
32
system
is
to
improve
access
for
children
and
youth
with
33
serious
emotional
disturbances
and
youth
with
other
qualifying
34
mental
health
disorders
to
mental
health
treatment,
services,
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and
other
support
in
the
least
restrictive
setting
possible
1
so
the
children
and
youth
can
live
with
their
families
2
and
remain
in
their
communities.
The
children’s
system
is
3
also
intended
to
meet
the
needs
of
children
and
youth
who
4
have
mental
health
disorders
that
co-occur
with
substance
5
abuse,
mental
retardation,
developmental
disabilities,
or
6
other
disabilities.
The
children’s
system
shall
emphasize
7
community-level
collaborative
efforts
between
children
and
8
youth
and
the
families
and
the
state’s
systems
of
education,
9
child
welfare,
juvenile
justice,
health
care,
substance
abuse,
10
and
mental
health.
11
Sec.
446.
REPEAL.
Section
225C.27,
Code
2009,
is
repealed.
12
DIVISION
XXXVII
13
MH/MR/DD/BI
COMMISSION
AND
WAIVER
NAME
CHANGE
14
Sec.
447.
Section
225C.2,
subsection
3,
Code
2009,
is
15
amended
to
read
as
follows:
16
3.
“Commission”
means
the
mental
health
,
mental
retardation,
17
developmental
disabilities,
and
brain
injury
and
disability
18
services
commission.
19
Sec.
448.
Section
225C.5,
subsection
1,
unnumbered
20
paragraph
1,
Code
Supplement
2009,
is
amended
to
read
as
21
follows:
22
A
mental
health
,
mental
retardation,
developmental
23
disabilities,
and
brain
injury
and
disability
24
services
commission
is
created
as
the
state
policy-making
body
25
for
the
provision
of
services
to
persons
with
mental
illness,
26
mental
retardation
or
other
developmental
disabilities,
27
or
brain
injury.
The
commission’s
voting
members
shall
28
be
appointed
to
three-year
staggered
terms
by
the
governor
29
and
are
subject
to
confirmation
by
the
senate.
Commission
30
members
shall
be
appointed
on
the
basis
of
interest
and
31
experience
in
the
fields
of
mental
health,
mental
retardation
32
or
other
developmental
disabilities,
and
brain
injury,
in
a
33
manner
so
as
to
ensure
adequate
representation
from
persons
34
with
disabilities
and
individuals
knowledgeable
concerning
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disability
services.
The
department
shall
provide
staff
1
support
to
the
commission,
and
the
commission
may
utilize
staff
2
support
and
other
assistance
provided
to
the
commission
by
3
other
persons.
The
commission
shall
meet
at
least
four
times
4
per
year.
The
membership
of
the
commission
shall
consist
of
5
the
following
persons
who,
at
the
time
of
appointment
to
the
6
commission,
are
active
members
of
the
indicated
groups:
7
Sec.
449.
Section
249A.12,
subsection
4,
paragraph
b,
Code
8
2009,
is
amended
to
read
as
follows:
9
b.
Effective
July
1,
1995,
the
The
state
shall
be
10
responsible
for
all
of
the
nonfederal
share
of
medical
11
assistance
home
and
community-based
services
waivers
12
for
persons
with
mental
retardation
intellectual
13
disabilities
services
provided
to
minors
and
a
county
is
not
14
required
to
reimburse
the
department
and
shall
not
be
billed
15
for
the
nonfederal
share
of
the
costs
of
the
services.
16
Sec.
450.
Section
249A.12,
subsection
5,
paragraph
a,
17
unnumbered
paragraph
1,
Code
2009,
is
amended
to
read
as
18
follows:
19
The
mental
health
,
mental
retardation,
developmental
20
disabilities,
and
brain
injury
and
disability
21
services
commission
shall
recommend
to
the
department
22
the
actions
necessary
to
assist
in
the
transition
of
23
individuals
being
served
in
an
intermediate
care
facility
for
24
persons
with
mental
retardation,
who
are
appropriate
for
the
25
transition,
to
services
funded
under
a
medical
assistance
26
home
and
community-based
services
waiver
for
persons
with
27
mental
retardation
intellectual
disabilities
in
a
manner
which
28
maximizes
the
use
of
existing
public
and
private
facilities.
29
The
actions
may
include
but
are
not
limited
to
submitting
any
30
of
the
following
or
a
combination
of
any
of
the
following
31
as
a
request
for
a
revision
of
the
medical
assistance
home
32
and
community-based
services
waiver
for
persons
with
mental
33
retardation
in
effect
as
of
June
30,
1996
intellectual
34
disabilities
:
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Sec.
451.
Section
249A.12,
subsection
5,
paragraph
a,
1
subparagraph
(1),
Code
2009,
is
amended
to
read
as
follows:
2
(1)
Allow
for
the
transition
of
intermediate
care
3
facilities
for
persons
with
mental
retardation
licensed
under
4
chapter
135C
as
of
June
30,
1996
,
to
services
funded
under
the
5
medical
assistance
home
and
community-based
services
waiver
for
6
persons
with
mental
retardation
intellectual
disabilities
.
The
7
request
shall
be
for
inclusion
of
additional
persons
under
the
8
waiver
associated
with
the
transition.
9
Sec.
452.
Section
249A.12,
subsection
6,
paragraphs
a
and
b,
10
Code
2009,
are
amended
to
read
as
follows:
11
a.
Effective
July
1,
2003,
the
The
provisions
of
the
12
home
and
community-based
services
waiver
for
persons
with
13
mental
retardation
intellectual
disabilities
shall
include
14
adult
day
care,
prevocational,
and
transportation
services.
15
Transportation
shall
be
included
as
a
separately
payable
16
service.
17
b.
The
department
of
human
services
shall
seek
federal
18
approval
to
amend
the
home
and
community-based
services
19
waiver
for
persons
with
mental
retardation
intellectual
20
disabilities
to
include
day
habilitation
services.
Inclusion
21
of
day
habilitation
services
in
the
waiver
shall
take
effect
22
upon
receipt
of
federal
approval
and
no
later
than
July
1,
23
2004
.
24
Sec.
453.
Section
423.3,
subsection
18,
paragraph
f,
25
subparagraph
(6),
Code
Supplement
2009,
is
amended
to
read
as
26
follows:
27
(6)
MR
Intellectual
disabilities
waiver
service
providers,
28
described
in
441
IAC
77.37.
29
Sec.
454.
MENTAL
HEALTH,
MENTAL
RETARDATION,
DEVELOPMENTAL
30
DISABILITIES,
AND
BRAIN
INJURY
COMMISSION
TERMINOLOGY
CHANGES
31
——
CODE
EDITOR’S
DIRECTIVE.
32
1.
Sections
230A.16,
230A.17,
230A.18,
249A.12,
331.438,
33
and
426B.4,
Code
2009,
and
sections
249A.4,
249A.31,
and
34
426B.5,
Code
Supplement
2009,
are
amended
by
striking
the
term
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“mental
health,
mental
retardation,
developmental
disabilities,
1
and
brain
injury
commission”
and
inserting
in
lieu
thereof
the
2
term
“mental
health
and
disability
services
commission”.
3
2.
This
division
of
this
Act
changes
the
name
of
the
mental
4
health,
mental
retardation,
developmental
disabilities,
and
5
brain
injury
commission
to
the
mental
health
and
disability
6
services
commission.
The
Code
editor
shall
correct
any
7
references
to
the
term
“mental
health,
mental
retardation,
8
developmental
disabilities,
and
brain
injury
commission”
9
anywhere
else
in
the
Iowa
Code
or
Iowa
Code
Supplement,
in
any
10
bills
awaiting
codification,
in
this
Act,
and
in
any
bills
11
enacted
by
the
Eighty-third
General
Assembly,
2010
Regular
12
Session,
or
any
extraordinary
session.
13
Sec.
455.
HOME
AND
COMMUNITY-BASED
SERVICES
WAIVER
FOR
14
PERSONS
WITH
MENTAL
RETARDATION
TERMINOLOGY
CHANGES
15
——
CODE
EDITOR’S
DIRECTIVE.
16
1.
Sections
135C.6,
219.1,
249A.26,
and
249A.30,
Code
2009,
17
are
amended
by
striking
the
term
“waiver
for
persons
with
18
mental
retardation”
and
inserting
in
lieu
thereof
the
term
19
“waiver
for
persons
with
intellectual
disabilities”.
20
2.
This
division
of
this
Act
changes
the
name
of
the
home
21
and
community-based
services
waiver
for
persons
with
mental
22
retardation
under
the
medical
assistance
program
to
the
waiver
23
for
persons
with
intellectual
disabilities.
The
Code
editor
24
shall
correct
any
references
to
the
term
“waiver
for
persons
25
with
mental
retardation”
or
other
forms
of
the
term
anywhere
26
else
in
the
Iowa
Code
or
Iowa
Code
Supplement,
in
any
bills
27
awaiting
codification,
in
this
Act,
and
in
any
bills
enacted
by
28
the
Eighty-third
General
Assembly,
2010
Regular
Session,
or
any
29
extraordinary
session.
30
DIVISION
XXXVIII
31
CONSOLIDATION
OF
ADVISORY
32
BODIES
——
COUNCIL
ON
HUMAN
SERVICES
33
Sec.
456.
NEW
SECTION
.
217.3A
Advisory
committees.
34
1.
General.
The
council
on
human
services
shall
establish
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and
utilize
the
advisory
committees
identified
in
this
section
1
and
may
establish
and
utilize
other
advisory
committees.
The
2
council
shall
establish
appointment
provisions,
membership
3
terms,
operating
guidelines,
and
other
operational
requirements
4
for
committees
established
pursuant
to
this
section.
5
2.
Child
abuse
prevention.
The
council
shall
establish
a
6
child
abuse
prevention
program
advisory
committee
to
support
7
the
child
abuse
prevention
program
implemented
in
accordance
8
with
section
235A.1.
The
duties
of
the
advisory
committee
9
shall
include
all
of
the
following:
10
a.
Advise
the
director
of
human
services
and
the
11
administrator
of
the
division
of
the
department
of
human
12
services
responsible
for
child
and
family
programs
regarding
13
expenditures
of
funds
received
for
the
child
abuse
prevention
14
program.
15
b.
Review
the
implementation
and
effectiveness
of
16
legislation
and
administrative
rules
concerning
the
child
abuse
17
prevention
program.
18
c.
Recommend
changes
in
legislation
and
administrative
rules
19
to
the
general
assembly
and
the
appropriate
administrative
20
officials.
21
d.
Require
reports
from
state
agencies
and
other
entities
as
22
necessary
to
perform
its
duties.
23
e.
Receive
and
review
complaints
from
the
public
concerning
24
the
operation
and
management
of
the
child
abuse
prevention
25
program.
26
f.
Approve
grant
proposals.
27
3.
a.
The
council
shall
establish
a
child
support
advisory
28
committee.
29
(1)
Members
of
the
advisory
committee
shall
include
at
least
30
one
district
judge
and
representatives
of
custodial
parent
31
groups,
noncustodial
parent
groups,
the
general
assembly,
the
32
office
of
citizens’
aide,
the
Iowa
state
bar
association,
the
33
Iowa
county
attorneys
association,
and
other
constituencies
34
which
have
an
interest
in
child
support
enforcement
issues,
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appointed
by
the
respective
entity.
1
(2)
The
legislative
members
of
the
advisory
committee
shall
2
be
appointed
as
follows:
one
senator
each
by
the
majority
3
leader
of
the
senate,
after
consultation
with
the
president
4
of
the
senate,
and
by
the
minority
leader
of
the
senate,
and
5
one
member
of
the
house
of
representatives
each
by
the
speaker
6
of
the
house
of
representatives,
after
consultation
with
the
7
majority
leader
of
the
house
of
representatives,
and
by
the
8
minority
leader
of
the
house
of
representatives.
9
b.
The
legislative
members
of
the
advisory
committee
shall
10
serve
for
terms
as
provided
in
section
69.16B.
Appointments
11
shall
comply
with
sections
69.16
and
69.16A.
Vacancies
shall
12
be
filled
by
the
original
appointing
authority
and
in
the
13
manner
of
the
original
appointments.
14
c.
The
child
support
advisory
committee
shall
assist
the
15
department
in
all
of
the
following
activities:
16
(1)
Review
of
existing
child
support
guidelines
and
17
recommendations
for
revision.
18
(2)
Examination
of
the
operation
of
the
child
support
system
19
to
identify
program
improvements
or
enhancements
which
would
20
increase
the
effectiveness
of
securing
parental
support
and
21
parental
involvement.
22
(3)
Recommendation
of
legislation
which
would
clarify
and
23
improve
state
law
regarding
support
for
children.
24
d.
The
committee
shall
receive
input
from
the
public
25
regarding
any
child
support
issues.
26
4.
Child
welfare.
27
a.
The
council
shall
establish
a
child
welfare
advisory
28
committee
to
advise
the
department
of
human
services
on
29
programmatic
and
budgetary
matters
related
to
the
provision
30
or
purchase
of
child
welfare
services.
The
committee
shall
31
meet
to
review
departmental
budgets,
policies,
and
programs,
32
and
proposed
budgets,
policies,
and
programs,
and
to
make
33
recommendations
and
suggestions
to
make
the
state
child
welfare
34
budget,
programs,
and
policies
more
effective
in
serving
35
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families
and
children.
1
b.
The
membership
of
the
advisory
committee
shall
2
include
representatives
of
child
welfare
service
providers,
3
juvenile
court
services,
the
Iowa
foster
and
adoptive
parent
4
association,
the
child
advocacy
board,
the
coalition
for
5
family
and
children’s
services
in
Iowa,
children’s
advocates,
6
service
consumers,
and
others
who
have
training
or
knowledge
7
related
to
child
welfare
services.
In
addition,
four
members
8
shall
be
legislators,
all
serving
as
ex
officio,
nonvoting
9
members,
with
one
each
appointed
by
the
speaker
of
the
house
10
of
representatives,
the
minority
leader
of
the
house
of
11
representatives,
the
majority
leader
of
the
senate,
and
the
12
minority
leader
of
the
senate.
The
director
of
human
services
13
and
the
administrator
of
the
division
of
the
department
of
14
human
services
responsible
for
child
welfare
services,
or
their
15
designees,
shall
also
be
ex
officio,
nonvoting
members,
and
16
shall
serve
as
resource
persons
to
the
advisory
committee.
17
Sec.
457.
Section
235A.1,
subsections
3
and
4,
Code
18
Supplement
2009,
are
amended
by
striking
the
subsections.
19
Sec.
458.
REPEAL.
Sections
234.3
and
252B.18,
Code
2009,
20
are
repealed.
21
Sec.
459.
IMPLEMENTATION.
In
establishing
the
child
abuse
22
prevention
program,
child
support,
and
child
welfare
advisory
23
committees
and
appointing
members,
the
council
on
human
24
services
shall
consider
reappointing
those
individuals
who
25
were
serving
as
members
of
the
child
abuse
prevention
advisory
26
council,
the
child
support
advisory
committee,
and
the
child
27
welfare
advisory
committee
as
of
June
30,
2009.
28
DIVISION
XXXIX
29
REPEAL
OF
HEALTH
ADVISORY
BODIES
30
Sec.
460.
Section
135.29,
subsection
3,
Code
2009,
is
31
amended
to
read
as
follows:
32
3.
The
local
substitute
medical
decision-making
board
and
33
its
members
shall
not
be
held
liable,
jointly
or
severally,
34
for
any
actions
or
omissions
taken
or
made
in
the
official
35
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2088
discharge
of
their
duties,
except
those
acts
or
omissions
1
constituting
willful
or
wanton
misconduct.
A
physician
or
2
other
health
care
provider
who
acts
on
a
decision
or
directive
3
of
the
local
substitute
medical
decision-making
board
or
4
state
substitute
medical
decision-making
board
shall
not
be
5
held
liable
for
any
damages
resulting
from
that
act,
unless
6
such
physician’s
or
other
health
care
provider’s
actions
7
or
omissions
constitute
negligence
in
the
practice
of
the
8
profession
or
occupation,
or
willful
or
wanton
misconduct.
9
Sec.
461.
Section
136C.3,
subsection
2,
paragraph
b,
Code
10
Supplement
2009,
is
amended
by
striking
the
paragraph.
11
Sec.
462.
Section
691.6,
subsection
3,
Code
Supplement
12
2009,
is
amended
to
read
as
follows:
13
3.
To
adopt
rules
pursuant
to
chapter
17A,
and
subject
to
14
the
approval
of
the
director
of
public
health
,
with
the
advice
15
and
approval
of
the
state
medical
examiner
advisory
council
.
16
Sec.
463.
REPEAL.
Section
135.28,
Code
2009,
is
repealed.
17
Sec.
464.
ELIMINATION
OF
SWIMMING
POOL
ADVISORY
18
COMMITTEE.
On
or
before
July
1,
2010,
the
department
of
19
public
health
shall
no
longer
operate
any
advisory
committee
20
on
swimming
pools
created
by
the
department
for
purposes
of
21
chapter
135I.
22
DIVISION
XL
23
DEPARTMENT
OF
HUMAN
SERVICES
——
FIELD
SERVICES
ORGANIZATION
24
Sec.
465.
Section
217.42,
subsection
1,
Code
2009,
is
25
amended
to
read
as
follows:
26
1.
The
organizational
structure
to
deliver
the
department’s
27
field
services
shall
be
based
upon
service
areas
designated
by
28
the
department
.
The
service
areas
shall
serve
as
a
basis
for
29
providing
field
services
to
persons
residing
in
the
counties
30
comprising
the
service
area.
The
service
areas
shall
be
those
31
designated
by
the
department
effective
January
1,
2002.
In
32
determining
the
service
areas,
the
department
shall
consider
33
other
geographic
service
areas
including
but
not
limited
to
34
judicial
districts
and
community
empowerment
areas.
The
35
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department
shall
consult
with
the
county
boards
of
supervisors
1
in
a
service
area
with
respect
to
the
selection
of
the
service
2
area
manager
responsible
for
the
service
area
who
is
initially
3
selected
for
the
service
area
designated
effective
January
1,
4
2002,
and
any
service
area
manager
selected
for
the
service
5
area
thereafter.
Following
establishment
of
the
service
areas
6
effective
January
1,
2002,
if
a
county
seeks
to
change
the
7
boundaries
of
a
service
area,
the
change
shall
only
take
place
8
if
the
change
is
mutually
agreeable
to
the
department
and
all
9
affected
counties.
If
it
is
necessary
for
the
department
to
10
significantly
modify
its
field
operations
or
the
composition
11
of
a
designated
service
area,
or
if
it
is
necessary
for
the
12
department
to
change
the
number
of
offices
operating
less
than
13
full-time,
the
department
shall
consult
with
the
affected
14
counties
prior
to
implementing
such
action.
15
Sec.
466.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
16
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
17
enactment.
18
DIVISION
XLI
19
DEPARTMENT
OF
HUMAN
SERVICES
——
FAMILY
SUPPORT
SUBSIDY
20
Sec.
467.
Section
225C.37,
Code
Supplement
2009,
is
amended
21
by
adding
the
following
new
subsection:
22
NEW
SUBSECTION
.
3.
Effective
July
1,
2010,
the
department
23
shall
not
accept
new
applications
for
the
family
support
24
subsidy
program
and
shall
not
approve
pending
applications
25
for
the
program.
Subsidy
termination
or
application
denial
26
relating
to
family
members
enrolled
in
the
family
support
27
subsidy
program
as
of
July
1,
2010,
is
subject
to
section
28
225C.40.
29
DIVISION
XLII
30
DEPARTMENT
OF
HUMAN
SERVICES
——
ELECTRONIC
FUNDS
TRANSFER
31
PAYMENTS
32
Sec.
468.
NEW
SECTION
.
217.24
Payment
by
electronic
funds
33
transfer.
34
The
department
of
human
services
shall
continue
expanding
35
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the
practice
of
making
payments
to
program
participants
and
1
vendors
by
means
of
electronic
funds
transfer.
The
department
2
shall
seek
the
capacity
for
making
payment
by
such
means
for
3
all
programs
administered
by
the
department.
4
DIVISION
XLIII
5
DEPARTMENT
OF
HUMAN
SERVICES
——
ADOPTION
SUBSIDY
PROGRAM
6
Sec.
469.
ADOPTION
SUBSIDY
PROGRAM
RATES.
For
the
7
fiscal
year
beginning
July
1,
2010,
the
maximum
payment
for
8
nonrecurring
expenses
shall
be
limited
to
$500
and
additional
9
amounts
for
court
costs
and
other
related
legal
expenses
shall
10
no
longer
be
allowed.
11
DIVISION
XLIV
12
GUARDIAN
AD
LITEM
13
Sec.
470.
Section
232.2,
subsection
22,
paragraph
b,
Code
14
Supplement
2009,
is
amended
to
read
as
follows:
15
b.
Unless
otherwise
enlarged
or
circumscribed
by
a
court
16
or
juvenile
court
having
jurisdiction
over
the
child
or
by
17
operation
of
law,
the
The
duties
of
a
guardian
ad
litem
with
18
respect
to
a
child
shall
include
be
all
of
the
following:
19
(1)
Conducting
in-person
interviews
with
the
child,
20
if
the
child’s
age
is
appropriate
for
the
interview,
and
21
interviewing
each
parent,
guardian,
or
other
person
having
22
custody
of
the
child,
if
authorized
by
counsel.
23
(2)
Conducting
interviews
with
the
child,
if
the
child’s
age
24
is
appropriate
for
the
interview
,
prior
to
any
court-ordered
25
hearing
.
26
(3)
Visiting
the
home,
residence,
or
both
home
and
residence
27
of
the
child
and
any
prospective
home
or
residence
of
the
28
child
,
including
each
time
placement
is
changed.
29
(4)
Interviewing
any
person
providing
medical,
mental
30
health,
social,
educational,
or
other
services
to
the
child
,
31
before
any
hearing
referred
to
in
subparagraph
(2)
.
32
(5)
Obtaining
firsthand
knowledge,
if
possible,
of
the
33
facts,
circumstances,
and
parties
involved
in
the
matter
in
34
which
the
person
is
appointed
guardian
ad
litem.
35
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(6)
Attending
any
court
hearings
in
the
matter
in
which
the
1
person
is
appointed
as
the
guardian
ad
litem.
2
(7)
If
the
child
is
required
to
have
a
transition
plan
3
developed
in
accordance
with
the
child’s
case
permanency
plan
4
and
subject
to
review
and
approval
of
a
transition
committee
5
under
section
235.7,
assisting
the
transition
committee
in
6
development
of
the
transition
plan.
7
DIVISION
XLV
8
COUNTY
COMMISSIONS
OF
VETERAN
AFFAIRS
FUND
9
Sec.
471.
Section
35A.16,
subsection
3,
paragraph
a,
Code
10
Supplement
2009,
is
amended
to
read
as
follows:
11
a.
If
sufficient
moneys
are
available,
the
department
12
shall
annually
allocate
ten
thousand
dollars
to
each
county
13
commission
of
veteran
affairs,
or
to
each
county
sharing
the
14
services
of
an
executive
director
or
administrator
pursuant
15
to
chapter
28E,
to
be
used
to
provide
services
to
veterans
16
pursuant
to
section
35B.6.
Each
county
receiving
an
allocation
17
shall
annually
report
on
expenditure
of
the
allocation
in
a
18
form
agreed
to
by
the
department
and
county
representatives.
19
DIVISION
XLVI
20
DEPARTMENT
OF
CORRECTIONS
21
Sec.
472.
Section
904.106,
Code
2009,
is
amended
to
read
as
22
follows:
23
904.106
Meetings
——
expenses.
24
The
board
shall
meet
at
least
twelve
times
a
quarterly
25
throughout
the
year.
Special
meetings
may
be
called
by
the
26
chairperson
or
upon
written
request
of
any
three
members
of
the
27
board.
The
chairperson
shall
preside
at
all
meetings
or
in
the
28
chairperson’s
absence,
the
vice
chairperson
shall
preside.
The
29
members
of
the
board
shall
be
paid
their
actual
expenses
while
30
attending
the
meetings.
Each
member
of
the
board
may
also
be
31
able
to
receive
compensation
as
provided
in
section
7E.6.
32
Sec.
473.
Section
904.505,
Code
2009,
is
amended
by
adding
33
the
following
new
subsection:
34
NEW
SUBSECTION
.
4.
The
disciplinary
rules
may
impose
a
35
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255
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2088
reasonable
administrative
fee
for
the
filing
of
a
report
of
a
1
major
disciplinary
rule
infraction
for
which
an
inmate
is
found
2
guilty.
A
fee
charged
pursuant
to
this
subsection
shall
be
3
deposited
in
the
general
fund
of
the
state.
4
Sec.
474.
CORRECTIONAL
FACILITY
CLOSURE.
The
department
of
5
corrections
shall
close
by
October
1,
2010,
farm
1
and
farm
3,
6
which
are
satellite
facilities
of
the
Iowa
state
penitentiary,
7
and
shall
transfer
the
inmates
confined
at
such
facilities
8
to
other
institutions
under
the
control
of
the
department
of
9
corrections.
10
DIVISION
XLVII
11
STATE
PUBLIC
DEFENDER
12
Sec.
475.
Section
13B.2A,
Code
2009,
is
amended
by
striking
13
the
section
and
inserting
in
lieu
thereof
the
following:
14
13B.2A
Indigent
defense
——
report
——
court-appointed
counsel
15
fees.
16
1.
The
state
public
defender
shall
file
a
written
report
17
every
three
years
with
the
governor
and
the
general
assembly
18
by
January
1
of
a
year
in
which
a
report
is
due
relating
to
the
19
recommendations
and
activities
of
the
state
public
defender
20
relating
to
the
state
indigent
defense
system.
The
first
such
21
report
shall
be
due
on
January
1,
2012.
22
2.
The
report
shall
contain
recommendations
to
the
general
23
assembly
regarding
the
hourly
rates
paid
to
court-appointed
24
counsel
and
per
case
fee
limitations.
These
recommendations
25
shall
be
consistent
with
the
constitutional
requirement
to
26
provide
effective
assistance
of
counsel
to
those
indigent
27
persons
for
whom
the
state
is
required
to
provide
counsel.
28
Sec.
476.
PUBLIC
DEFENDERS.
There
is
appropriated
from
the
29
general
fund
of
the
state
to
the
office
of
the
state
public
30
defender
of
the
department
of
inspections
and
appeals
for
the
31
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
32
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
33
used
for
the
purposes
designated:
34
For
additional
public
defender
positions
and
staff,
35
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including
salaries,
support,
maintenance,
and
miscellaneous
1
purposes:
2
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,140,000
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
16.00
4
DIVISION
XLVIII
5
IOWA
LAW
ENFORCEMENT
ACADEMY
6
Sec.
477.
Section
80.13,
Code
2009,
is
amended
to
read
as
7
follows:
8
80.13
Training
schools.
9
The
commissioner
may
hold
a
training
school
for
peace
10
officer
candidates
or
for
peace
officers
of
the
department,
11
and
may
send
to
recognized
training
schools
peace
officers
of
12
the
department
as
the
commissioner
may
deem
advisable.
The
13
expenses
candidate
shall
pay
one-third
of
the
costs
of
such
14
school
of
training
,
and
the
remaining
costs
shall
be
paid
in
15
the
same
manner
as
other
expenses
paid
by
the
department.
The
16
department
may
pay
for
all
or
a
portion
of
the
candidate’s
17
share
of
the
costs.
18
Sec.
478.
Section
80B.11B,
subsection
2,
Code
2009,
is
19
amended
by
striking
the
subsection
and
inserting
in
lieu
20
thereof
the
following:
21
2.
The
Iowa
law
enforcement
academy
shall
charge
to
the
22
following
entities
the
following
costs
to
provide
the
basic
23
training
course
which
is
designed
to
meet
the
minimum
basic
24
training
requirements
for
a
law
enforcement
officer:
25
a.
To
the
department
of
natural
resources
and
the
department
26
of
transportation,
the
total
cost.
27
b.
To
a
candidate
from
any
other
state
agency
or
department
28
of
the
state,
one-third
of
the
total
cost,
and
to
the
agency
or
29
department
the
remaining
cost.
The
agency
or
department
may
30
pay
for
all
or
a
portion
of
the
candidate’s
share
of
the
costs.
31
c.
For
a
candidate
sponsored
by
a
political
subdivision,
to
32
the
political
subdivision,
one-third
of
the
total
cost;
to
the
33
candidate,
one-third
of
the
total
cost;
and
to
the
state,
the
34
remainder
of
the
total
cost.
The
political
subdivision
may
pay
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for
all
or
a
portion
of
the
candidate’s
share
of
the
costs.
1
d.
For
all
other
candidates,
including
a
candidate
from
a
2
tribal
government,
to
the
candidate
the
total
costs.
3
Sec.
479.
IOWA
LAW
ENFORCEMENT
ACADEMY
——
PILOT
TRAINING
4
PROGRAM
——
PRIVATE
SECURITY
PERSONNEL.
The
Iowa
law
5
enforcement
academy,
subject
to
the
approval
of
the
Iowa
law
6
enforcement
academy
council,
shall
develop
and
administer
a
7
pilot
program
consisting
of
training
seminars
for
private
8
security
personnel.
The
pilot
program
shall
consist
of
fifty
9
hours
of
training
for
each
of
ten
trainees
at
a
cost
of
fifty
10
dollars
per
hour
of
training.
All
moneys
received
from
the
11
training
seminars
shall
be
deposited
in
the
general
fund
of
the
12
state.
13
DIVISION
XLIX
14
STATE
GOVERNMENT
EFFICIENCY
REVIEW
COMMITTEE
15
Sec.
480.
NEW
SECTION
.
2.69
State
government
efficiency
16
review
committee
established.
17
1.
A
state
government
efficiency
review
committee
is
18
established
which
shall
meet
at
least
every
four
years
to
19
review
the
operations
of
state
government.
The
committee
shall
20
meet
as
directed
by
the
legislative
council.
21
2.
a.
The
committee
shall
consist
of
three
members
of
the
22
senate
appointed
by
the
majority
leader
of
the
senate,
two
23
members
of
the
senate
appointed
by
the
minority
leader
of
the
24
senate,
three
members
of
the
house
of
representatives
appointed
25
by
the
speaker
of
the
house
of
representatives,
and
two
members
26
of
the
house
of
representatives
appointed
by
the
minority
27
leader
of
the
house
of
representatives.
28
b.
Members
shall
be
appointed
prior
to
January
31
of
the
29
first
regular
session
of
each
general
assembly
and
shall
serve
30
for
terms
ending
upon
the
convening
of
the
following
general
31
assembly
or
when
their
successors
are
appointed,
whichever
is
32
later.
A
vacancy
shall
be
filled
in
the
same
manner
as
the
33
original
appointment
and
shall
be
for
the
remainder
of
the
34
unexpired
term
of
the
vacancy.
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c.
The
committee
shall
elect
a
chairperson
and
vice
1
chairperson.
2
3.
The
members
of
the
committee
shall
be
reimbursed
for
3
actual
and
necessary
expenses
incurred
in
the
performance
4
of
their
duties
and
shall
be
paid
a
per
diem
as
specified
5
in
section
7E.6
for
each
day
in
which
they
engaged
in
the
6
performance
of
their
duties.
However,
per
diem
compensation
7
and
expenses
shall
not
be
paid
when
the
general
assembly
is
8
actually
in
session
at
the
seat
of
government.
Expenses
and
9
per
diem
shall
be
paid
from
funds
appropriated
pursuant
to
10
section
2.12.
11
4.
The
committee
shall
do
the
following:
12
a.
Review
and
consider
options
for
reorganizing
state
13
government
to
improve
efficiency,
modernize
processes,
14
eliminate
duplication
and
outdated
processes,
reduce
costs,
and
15
increase
accountability.
The
review
shall
address
the
expanded
16
use
of
the
internet
and
other
technology,
and
the
incorporation
17
of
productivity
improvement
measures.
18
b.
Review
recommendations
received
though
a
process
to
19
receive
state
government
efficiency
suggestions
offered
by
the
20
public
and
public
employees.
21
c.
Issue
a
report,
including
its
findings
and
22
recommendations,
to
the
general
assembly.
23
5.
The
first
report
required
by
this
section
shall
be
24
submitted
to
the
general
assembly
no
later
than
January
1,
25
2014,
with
subsequent
reports
developed
and
submitted
by
26
January
1
at
least
every
fourth
year
thereafter.
27
6.
Administrative
assistance
shall
be
provided
by
the
28
legislative
services
agency.
29
DIVISION
L
30
BOARDS
AND
COMMISSIONS
——
ESTABLISHMENT
CRITERIA
31
Sec.
481.
NEW
SECTION
.
69.16D
Boards
and
commissions
——
32
criteria
for
establishing.
33
1.
Prior
to
establishing
a
new
appointive
board,
34
commission,
committee,
or
council
of
the
state,
the
general
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assembly
shall
consider
all
of
the
following:
1
a.
Whether
there
is
an
existing
board
or
commission
2
that
would
be
able
to
perform
the
duties
of
the
new
board,
3
commission,
committee,
or
council.
4
b.
The
estimated
annual
cost
of
the
new
board,
commission,
5
committee,
or
council,
including
any
additional
personnel
costs
6
arising
out
of
the
creation
of
the
new
board,
commission,
7
committee,
or
council.
8
c.
Whether
a
repeal
date
is
needed
for
the
new
board,
9
commission,
committee,
or
council.
Whenever
possible,
an
10
appropriate
repeal
date
should
be
included.
11
2.
This
section
shall
apply
to
appointive
boards,
12
commissions,
committees,
and
councils
of
the
state
established
13
by
the
Code
on
or
after
July
1,
2010.
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