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 SF 2088 (50) 83 ec/rj
S.F. 2088 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 -1- SF 2088 (50) 83 ec/rj 1/ 255
S.F. 2088 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 -2- SF 2088 (50) 83 ec/rj 2/ 255
S.F. 2088 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. 35 -3- SF 2088 (50) 83 ec/rj 3/ 255
S.F. 2088 (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: 35 -4- SF 2088 (50) 83 ec/rj 4/ 255
S.F. 2088 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: 35 -5- SF 2088 (50) 83 ec/rj 5/ 255
S.F. 2088 (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 35 -6- SF 2088 (50) 83 ec/rj 6/ 255
S.F. 2088 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 35 -7- SF 2088 (50) 83 ec/rj 7/ 255
S.F. 2088 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. 35 -8- SF 2088 (50) 83 ec/rj 8/ 255
S.F. 2088 (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 35 -9- SF 2088 (50) 83 ec/rj 9/ 255
S.F. 2088 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 -10- SF 2088 (50) 83 ec/rj 10/ 255
S.F. 2088 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 35 -11- SF 2088 (50) 83 ec/rj 11/ 255
S.F. 2088 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 -12- SF 2088 (50) 83 ec/rj 12/ 255
S.F. 2088 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, 35 -13- SF 2088 (50) 83 ec/rj 13/ 255
S.F. 2088 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 -14- SF 2088 (50) 83 ec/rj 14/ 255
S.F. 2088 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: 35 -15- SF 2088 (50) 83 ec/rj 15/ 255
S.F. 2088 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. 35 -16- SF 2088 (50) 83 ec/rj 16/ 255
S.F. 2088 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. 35 -17- SF 2088 (50) 83 ec/rj 17/ 255
S.F. 2088 (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 35 -18- SF 2088 (50) 83 ec/rj 18/ 255
S.F. 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. 35 -19- SF 2088 (50) 83 ec/rj 19/ 255
S.F. 2088 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 -20- SF 2088 (50) 83 ec/rj 20/ 255
S.F. 2088 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 -21- SF 2088 (50) 83 ec/rj 21/ 255
S.F. 2088 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 -22- SF 2088 (50) 83 ec/rj 22/ 255
S.F. 2088 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 -23- SF 2088 (50) 83 ec/rj 23/ 255
S.F. 2088 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 35 -24- SF 2088 (50) 83 ec/rj 24/ 255
S.F. 2088 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 -25- SF 2088 (50) 83 ec/rj 25/ 255
S.F. 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 -26- SF 2088 (50) 83 ec/rj 26/ 255
S.F. 2088 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 -27- SF 2088 (50) 83 ec/rj 27/ 255
S.F. 2088 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 -28- SF 2088 (50) 83 ec/rj 28/ 255
S.F. 2088 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 -29- SF 2088 (50) 83 ec/rj 29/ 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 (50) 83 ec/rj 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 -31- SF 2088 (50) 83 ec/rj 31/ 255
S.F. 2088 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 -32- SF 2088 (50) 83 ec/rj 32/ 255
S.F. 2088 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 -33- SF 2088 (50) 83 ec/rj 33/ 255
S.F. 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 -34- SF 2088 (50) 83 ec/rj 34/ 255
S.F. 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 -35- SF 2088 (50) 83 ec/rj 35/ 255
S.F. 2088 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 35 -36- SF 2088 (50) 83 ec/rj 36/ 255
S.F. 2088 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, 35 -37- SF 2088 (50) 83 ec/rj 37/ 255
S.F. 2088 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 35 -38- SF 2088 (50) 83 ec/rj 38/ 255
S.F. 2088 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 35 -39- SF 2088 (50) 83 ec/rj 39/ 255
S.F. 2088 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 35 -40- SF 2088 (50) 83 ec/rj 40/ 255
S.F. 2088 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 35 -41- SF 2088 (50) 83 ec/rj 41/ 255
S.F. 2088 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 35 -42- SF 2088 (50) 83 ec/rj 42/ 255
S.F. 2088 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 35 -43- SF 2088 (50) 83 ec/rj 43/ 255
S.F. 2088 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 35 -44- SF 2088 (50) 83 ec/rj 44/ 255
S.F. 2088 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 35 -45- SF 2088 (50) 83 ec/rj 45/ 255
S.F. 2088 —— 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 35 -46- SF 2088 (50) 83 ec/rj 46/ 255
S.F. 2088 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. 35 -47- SF 2088 (50) 83 ec/rj 47/ 255
S.F. 2088 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 35 -48- SF 2088 (50) 83 ec/rj 48/ 255
S.F. 2088 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 35 -49- SF 2088 (50) 83 ec/rj 49/ 255
S.F. 2088 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 35 -50- SF 2088 (50) 83 ec/rj 50/ 255
S.F. 2088 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. 35 -51- SF 2088 (50) 83 ec/rj 51/ 255
S.F. 2088 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 35 -52- SF 2088 (50) 83 ec/rj 52/ 255
S.F. 2088 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 35 -53- SF 2088 (50) 83 ec/rj 53/ 255
S.F. 2088 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. 35 -54- SF 2088 (50) 83 ec/rj 54/ 255
S.F. 2088 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 35 -55- SF 2088 (50) 83 ec/rj 55/ 255
S.F. 2088 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 35 -56- SF 2088 (50) 83 ec/rj 56/ 255
S.F. 2088 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 -57- SF 2088 (50) 83 ec/rj 57/ 255
S.F. 2088 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 -58- SF 2088 (50) 83 ec/rj 58/ 255
S.F. 2088 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 -59- SF 2088 (50) 83 ec/rj 59/ 255
S.F. 2088 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 35 -60- SF 2088 (50) 83 ec/rj 60/ 255
S.F. 2088 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 -61- SF 2088 (50) 83 ec/rj 61/ 255
S.F. 2088 2009, 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. 35 -62- SF 2088 (50) 83 ec/rj 62/ 255
S.F. 2088 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. 35 -63- SF 2088 (50) 83 ec/rj 63/ 255
S.F. 2088 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. 35 -64- SF 2088 (50) 83 ec/rj 64/ 255
S.F. 2088 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 35 -65- SF 2088 (50) 83 ec/rj 65/ 255
S.F. 2088 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 35 -66- SF 2088 (50) 83 ec/rj 66/ 255
S.F. 2088 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 35 -67- SF 2088 (50) 83 ec/rj 67/ 255
S.F. 2088 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 35 -68- SF 2088 (50) 83 ec/rj 68/ 255
S.F. 2088 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: 35 -69- SF 2088 (50) 83 ec/rj 69/ 255
S.F. 2088 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 -70- SF 2088 (50) 83 ec/rj 70/ 255
S.F. 2088 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 -71- SF 2088 (50) 83 ec/rj 71/ 255
S.F. 2088 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 -72- SF 2088 (50) 83 ec/rj 72/ 255
S.F. 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 -73- SF 2088 (50) 83 ec/rj 73/ 255
S.F. 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 -74- SF 2088 (50) 83 ec/rj 74/ 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 -75- SF 2088 (50) 83 ec/rj 75/ 255
S.F. 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 -76- SF 2088 (50) 83 ec/rj 76/ 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 -77- SF 2088 (50) 83 ec/rj 77/ 255
S.F. 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 -78- SF 2088 (50) 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 -79- SF 2088 (50) 83 ec/rj 79/ 255
S.F. 2088 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, 35 -80- SF 2088 (50) 83 ec/rj 80/ 255
S.F. 2088 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 35 -81- SF 2088 (50) 83 ec/rj 81/ 255
S.F. 2088 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 35 -82- SF 2088 (50) 83 ec/rj 82/ 255
S.F. 2088 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. 35 -83- SF 2088 (50) 83 ec/rj 83/ 255
S.F. 2088 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. 35 -84- SF 2088 (50) 83 ec/rj 84/ 255
S.F. 2088 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 35 -85- SF 2088 (50) 83 ec/rj 85/ 255
S.F. 2088 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 35 -86- SF 2088 (50) 83 ec/rj 86/ 255
S.F. 2088 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 35 -87- SF 2088 (50) 83 ec/rj 87/ 255
S.F. 2088 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 35 -88- SF 2088 (50) 83 ec/rj 88/ 255
S.F. 2088 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. 35 -89- SF 2088 (50) 83 ec/rj 89/ 255
S.F. 2088 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, 35 -90- SF 2088 (50) 83 ec/rj 90/ 255
S.F. 2088 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 35 -91- SF 2088 (50) 83 ec/rj 91/ 255
S.F. 2088 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 35 -92- SF 2088 (50) 83 ec/rj 92/ 255
S.F. 2088 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. 35 -93- SF 2088 (50) 83 ec/rj 93/ 255
S.F. 2088 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 35 -94- SF 2088 (50) 83 ec/rj 94/ 255
S.F. 2088 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. 35 -95- SF 2088 (50) 83 ec/rj 95/ 255
S.F. 2088 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 35 -96- SF 2088 (50) 83 ec/rj 96/ 255
S.F. 2088 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 35 -97- SF 2088 (50) 83 ec/rj 97/ 255
S.F. 2088 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 35 -98- SF 2088 (50) 83 ec/rj 98/ 255
S.F. 2088 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 -99- SF 2088 (50) 83 ec/rj 99/ 255
S.F. 2088 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 -100- SF 2088 (50) 83 ec/rj 100/ 255
S.F. 2088 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 -101- SF 2088 (50) 83 ec/rj 101/ 255
S.F. 2088 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 -102- SF 2088 (50) 83 ec/rj 102/ 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 -103- SF 2088 (50) 83 ec/rj 103/ 255
S.F. 2088 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 -104- SF 2088 (50) 83 ec/rj 104/ 255
S.F. 2088 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 -105- SF 2088 (50) 83 ec/rj 105/ 255
S.F. 2088 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 -106- SF 2088 (50) 83 ec/rj 106/ 255
S.F. 2088 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 35 -107- SF 2088 (50) 83 ec/rj 107/ 255
S.F. 2088 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: 35 -108- SF 2088 (50) 83 ec/rj 108/ 255
S.F. 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: 35 -109- SF 2088 (50) 83 ec/rj 109/ 255
S.F. 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 -110- SF 2088 (50) 83 ec/rj 110/ 255
S.F. 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 -111- SF 2088 (50) 83 ec/rj 111/ 255
S.F. 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 -112- 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 -113- SF 2088 (50) 83 ec/rj 113/ 255
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 -114- SF 2088 (50) 83 ec/rj 114/ 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 -115- SF 2088 (50) 83 ec/rj 115/ 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 -116- SF 2088 (50) 83 ec/rj 116/ 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 -117- SF 2088 (50) 83 ec/rj 117/ 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 -118- SF 2088 (50) 83 ec/rj 118/ 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 -119- SF 2088 (50) 83 ec/rj 119/ 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 -120- SF 2088 (50) 83 ec/rj 120/ 255
S.F. 2088 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- SF 2088 (50) 83 ec/rj 121/ 255
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 -122- SF 2088 (50) 83 ec/rj 122/ 255
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 -123- SF 2088 (50) 83 ec/rj 123/ 255
S.F. 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 -124- SF 2088 (50) 83 ec/rj 124/ 255
S.F. 2088 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 -125- SF 2088 (50) 83 ec/rj 125/ 255
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 35 -126- SF 2088 (50) 83 ec/rj 126/ 255
S.F. 2088 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 35 -127- SF 2088 (50) 83 ec/rj 127/ 255
S.F. 2088 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 35 -128- SF 2088 (50) 83 ec/rj 128/ 255
S.F. 2088 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. 35 -129- SF 2088 (50) 83 ec/rj 129/ 255
S.F. 2088 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. 35 -130- SF 2088 (50) 83 ec/rj 130/ 255
S.F. 2088 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. 35 -131- SF 2088 (50) 83 ec/rj 131/ 255
S.F. 2088 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 -132- SF 2088 (50) 83 ec/rj 132/ 255
S.F. 2088 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 35 -133- SF 2088 (50) 83 ec/rj 133/ 255
S.F. 2088 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 -134- SF 2088 (50) 83 ec/rj 134/ 255
S.F. 2088 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 -135- SF 2088 (50) 83 ec/rj 135/ 255
S.F. 2088 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 -136- SF 2088 (50) 83 ec/rj 136/ 255
S.F. 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 -137- SF 2088 (50) 83 ec/rj 137/ 255
S.F. 2088 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 35 -138- SF 2088 (50) 83 ec/rj 138/ 255
S.F. 2088 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 -139- SF 2088 (50) 83 ec/rj 139/ 255
S.F. 2088 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 -140- SF 2088 (50) 83 ec/rj 140/ 255
S.F. 2088 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 -141- SF 2088 (50) 83 ec/rj 141/ 255
S.F. 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 -142- SF 2088 (50) 83 ec/rj 142/ 255
S.F. 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 -143- SF 2088 (50) 83 ec/rj 143/ 255
S.F. 2088 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 -144- SF 2088 (50) 83 ec/rj 144/ 255
S.F. 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 -145- SF 2088 (50) 83 ec/rj 145/ 255
S.F. 2088 (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 35 -146- SF 2088 (50) 83 ec/rj 146/ 255
S.F. 2088 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 35 -147- SF 2088 (50) 83 ec/rj 147/ 255
S.F. 2088 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 -148- SF 2088 (50) 83 ec/rj 148/ 255
S.F. 2088 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 35 -149- SF 2088 (50) 83 ec/rj 149/ 255
S.F. 2088 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 -150- SF 2088 (50) 83 ec/rj 150/ 255
S.F. 2088 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 -151- SF 2088 (50) 83 ec/rj 151/ 255
S.F. 2088 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 35 -152- SF 2088 (50) 83 ec/rj 152/ 255
S.F. 2088 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 -153- SF 2088 (50) 83 ec/rj 153/ 255
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 -154- SF 2088 (50) 83 ec/rj 154/ 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 -155- SF 2088 (50) 83 ec/rj 155/ 255
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 -156- SF 2088 (50) 83 ec/rj 156/ 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 -157- SF 2088 (50) 83 ec/rj 157/ 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 -158- SF 2088 (50) 83 ec/rj 158/ 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 -159- SF 2088 (50) 83 ec/rj 159/ 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. 35 -160- SF 2088 (50) 83 ec/rj 160/ 255
S.F. 2088 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. 35 -161- SF 2088 (50) 83 ec/rj 161/ 255
S.F. 2088 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 -162- SF 2088 (50) 83 ec/rj 162/ 255
S.F. 2088 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. 35 -163- SF 2088 (50) 83 ec/rj 163/ 255
S.F. 2088 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 -164- SF 2088 (50) 83 ec/rj 164/ 255
S.F. 2088 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 -165- SF 2088 (50) 83 ec/rj 165/ 255
S.F. 2088 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 -166- SF 2088 (50) 83 ec/rj 166/ 255
S.F. 2088 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 35 -167- SF 2088 (50) 83 ec/rj 167/ 255
S.F. 2088 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. 35 -168- SF 2088 (50) 83 ec/rj 168/ 255
S.F. 2088 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 35 -169- SF 2088 (50) 83 ec/rj 169/ 255
S.F. 2088 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 35 -170- SF 2088 (50) 83 ec/rj 170/ 255
S.F. 2088 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 35 -171- SF 2088 (50) 83 ec/rj 171/ 255
S.F. 2088 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, 35 -172- SF 2088 (50) 83 ec/rj 172/ 255
S.F. 2088 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 35 -173- SF 2088 (50) 83 ec/rj 173/ 255
S.F. 2088 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 -174- SF 2088 (50) 83 ec/rj 174/ 255
S.F. 2088 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. 35 -175- SF 2088 (50) 83 ec/rj 175/ 255
S.F. 2088 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 35 -176- SF 2088 (50) 83 ec/rj 176/ 255
S.F. 2088 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 35 -177- SF 2088 (50) 83 ec/rj 177/ 255
S.F. 2088 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, 35 -178- SF 2088 (50) 83 ec/rj 178/ 255
S.F. 2088 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 35 -179- SF 2088 (50) 83 ec/rj 179/ 255
S.F. 2088 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. 35 -180- SF 2088 (50) 83 ec/rj 180/ 255
S.F. 2088 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. 35 -181- SF 2088 (50) 83 ec/rj 181/ 255
S.F. 2088 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: 35 -182- SF 2088 (50) 83 ec/rj 182/ 255
S.F. 2088 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 -183- SF 2088 (50) 83 ec/rj 183/ 255
S.F. 2088 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. 35 -184- SF 2088 (50) 83 ec/rj 184/ 255
S.F. 2088 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 -185- SF 2088 (50) 83 ec/rj 185/ 255
S.F. 2088 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 35 -186- SF 2088 (50) 83 ec/rj 186/ 255
S.F. 2088 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 -187- SF 2088 (50) 83 ec/rj 187/ 255
S.F. 2088 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
S.F. 2088 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 -196- SF 2088 (50) 83 ec/rj 196/ 255
S.F. 2088 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 -197- SF 2088 (50) 83 ec/rj 197/ 255
S.F. 2088 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 -198- SF 2088 (50) 83 ec/rj 198/ 255
S.F. 2088 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 -199- SF 2088 (50) 83 ec/rj 199/ 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 -200- SF 2088 (50) 83 ec/rj 200/ 255
S.F. 2088 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 -201- SF 2088 (50) 83 ec/rj 201/ 255
S.F. 2088 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 35 -202- SF 2088 (50) 83 ec/rj 202/ 255
S.F. 2088 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 35 -203- SF 2088 (50) 83 ec/rj 203/ 255
S.F. 2088 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 35 -204- SF 2088 (50) 83 ec/rj 204/ 255
S.F. 2088 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 35 -205- SF 2088 (50) 83 ec/rj 205/ 255
S.F. 2088 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. 35 -206- SF 2088 (50) 83 ec/rj 206/ 255
S.F. 2088 (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 35 -207- SF 2088 (50) 83 ec/rj 207/ 255
S.F. 2088 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. 35 -208- SF 2088 (50) 83 ec/rj 208/ 255
S.F. 2088 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 -209- SF 2088 (50) 83 ec/rj 209/ 255
S.F. 2088 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 -210- SF 2088 (50) 83 ec/rj 210/ 255
S.F. 2088 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 35 -211- SF 2088 (50) 83 ec/rj 211/ 255
S.F. 2088 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 -212- SF 2088 (50) 83 ec/rj 212/ 255
S.F. 2088 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, 35 -213- SF 2088 (50) 83 ec/rj 213/ 255
S.F. 2088 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. 35 -214- SF 2088 (50) 83 ec/rj 214/ 255
S.F. 2088 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. 35 -215- SF 2088 (50) 83 ec/rj 215/ 255
S.F. 2088 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 35 -216- SF 2088 (50) 83 ec/rj 216/ 255
S.F. 2088 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 35 -217- SF 2088 (50) 83 ec/rj 217/ 255
S.F. 2088 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 -218- SF 2088 (50) 83 ec/rj 218/ 255
S.F. 2088 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 35 -219- SF 2088 (50) 83 ec/rj 219/ 255
S.F. 2088 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 35 -220- SF 2088 (50) 83 ec/rj 220/ 255
S.F. 2088 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 35 -221- SF 2088 (50) 83 ec/rj 221/ 255
S.F. 2088 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 35 -222- SF 2088 (50) 83 ec/rj 222/ 255
S.F. 2088 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 -223- SF 2088 (50) 83 ec/rj 223/ 255
S.F. 2088 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. 35 -224- SF 2088 (50) 83 ec/rj 224/ 255
S.F. 2088 (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 35 -225- SF 2088 (50) 83 ec/rj 225/ 255
S.F. 2088 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 -226- SF 2088 (50) 83 ec/rj 226/ 255
S.F. 2088 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 -227- SF 2088 (50) 83 ec/rj 227/ 255
S.F. 2088 “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 -228- SF 2088 (50) 83 ec/rj 228/ 255
S.F. 2088 (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 -229- SF 2088 (50) 83 ec/rj 229/ 255
S.F. 2088 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 35 -230- SF 2088 (50) 83 ec/rj 230/ 255
S.F. 2088 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: 35 -231- SF 2088 (50) 83 ec/rj 231/ 255
S.F. 2088 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 35 -232- SF 2088 (50) 83 ec/rj 232/ 255
S.F. 2088 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 35 -233- SF 2088 (50) 83 ec/rj 233/ 255
S.F. 2088 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 35 -234- SF 2088 (50) 83 ec/rj 234/ 255
S.F. 2088 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 35 -235- SF 2088 (50) 83 ec/rj 235/ 255
S.F. 2088 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 35 -236- SF 2088 (50) 83 ec/rj 236/ 255
S.F. 2088 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 -237- SF 2088 (50) 83 ec/rj 237/ 255
S.F. 2088 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 35 -238- SF 2088 (50) 83 ec/rj 238/ 255
S.F. 2088 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, 35 -239- SF 2088 (50) 83 ec/rj 239/ 255
S.F. 2088 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 35 -240- SF 2088 (50) 83 ec/rj 240/ 255
S.F. 2088 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 : 35 -241- SF 2088 (50) 83 ec/rj 241/ 255
S.F. 2088 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 35 -242- SF 2088 (50) 83 ec/rj 242/ 255
S.F. 2088 “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 35 -243- SF 2088 (50) 83 ec/rj 243/ 255
S.F. 2088 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, 35 -244- SF 2088 (50) 83 ec/rj 244/ 255
S.F. 2088 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 -245- SF 2088 (50) 83 ec/rj 245/ 255
S.F. 2088 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 -246- SF 2088 (50) 83 ec/rj 246/ 255
S.F. 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 -247- SF 2088 (50) 83 ec/rj 247/ 255
S.F. 2088 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 -248- SF 2088 (50) 83 ec/rj 248/ 255
S.F. 2088 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 -249- SF 2088 (50) 83 ec/rj 249/ 255
S.F. 2088 (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 -250- SF 2088 (50) 83 ec/rj 250/ 255
S.F. 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 -251- SF 2088 (50) 83 ec/rj 251/ 255
S.F. 2088 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 35 -252- SF 2088 (50) 83 ec/rj 252/ 255
S.F. 2088 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. 35 -253- SF 2088 (50) 83 ec/rj 253/ 255
S.F. 2088 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 35 -254- SF 2088 (50) 83 ec/rj 254/ 255
S.F. 2088 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. 14 -255- SF 2088 (50) 83 ec/rj 255/ 255