Senate File 2088 - Reprinted
SENATE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB
3030)
(As Amended and Passed by the Senate February 1, 2010)
A BILL FOR
1 An Act concerning state government reorganization and
2 efficiency, making appropriations, establishing fees
3 and penalties, and providing effective and applicability
4 provisions.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 5073SV (13) 83
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PAG LIN
1 1 DIVISION I
1 2 GOVERNMENT INFORMATION TECHNOLOGY SERVICES
1 3 Section 1. Section 8A.104, subsection 12, Code 2009, is
1 4 amended by striking the subsection.
1 5 Sec. 2. Section 8A.111, subsection 3, Code 2009, is amended
1 6 by striking the subsection.
1 7 Sec. 3. Section 8A.111, subsection 5, Code 2009, is amended
1 8 by striking the subsection.
1 9 Sec. 4. Section 8A.201, subsection 1, Code 2009, is amended
1 10 to read as follows:
1 11 1. "Information technology" means computing and electronics
1 12 applications used to process and distribute information in
1 13 digital and other forms and includes information technology
1 14 devices, information technology services, infrastructure
1 15 services, and value=added services.
1 16 Sec. 5. Section 8A.201, Code 2009, is amended by adding the
1 17 following new subsection:
1 18 NEW SUBSECTION. 3A. "Infrastructure services" includes all
1 19 of the following:
1 20 a. Data centers used to support mainframe and other
1 21 computers and their associated components including servers,
1 22 information networks, storage systems, redundant or backup
1 23 power systems, redundant data communications connections,
1 24 environmental controls, and security devices.
1 25 b. Servers, mainframes, or other centralized processing
1 26 systems.
1 27 c. Storage systems, including but not limited to disk, tape,
1 28 optical, and other structured repositories for storing digital
1 29 information.
1 30 d. Computer networks commonly referred to as local area
1 31 networks.
1 32 e. Groupware applications used to facilitate collaboration,
1 33 communication, and workflow, including electronic mail,
1 34 directory services, calendaring and scheduling, and imaging
1 35 systems.
2 1 f. Information technology help desk services.
2 2 g. Cyber security functions and equipment.
2 3 h. Digital printing and printing procurement services.
2 4 i. Data warehouses, including services that assist in
2 5 managing and locating digital information.
2 6 j. Disaster recovery technology and services.
2 7 k. Other similar or related services as determined by the
2 8 chief information officer.
2 9 Sec. 6. Section 8A.201, subsection 4, Code 2009, is amended
2 10 by striking the subsection and inserting in lieu thereof the
2 11 following:
2 12 4. "Participating agency" means any state agency, except
2 13 the state board of regents and institutions operated under the
2 14 authority of the state board of regents.
2 15 Sec. 7. Section 8A.201, subsection 5, Code 2009, is amended
2 16 to read as follows:
2 17 5. "Technology governance board" advisory council" means the
2 18 board council established in section 8A.204.
2 19 Sec. 8. NEW SECTION. 8A.201A Chief information officer
2 20 appointed.
2 21 1. A chief information officer shall be appointed by the
2 22 governor to serve at the pleasure of the governor and is
2 23 subject to confirmation by the senate. If the office becomes
2 24 vacant, the vacancy shall be filled in the same manner as
2 25 provided for the original appointment.
2 26 2. The person appointed as the chief information officer
2 27 for the state shall be professionally qualified by education
2 28 and have no less than five years' experience in the field of
2 29 information technology, and a working knowledge of financial
2 30 management. The chief information officer shall not be
2 31 a member of any local, state, or national committee of a
2 32 political party, an officer or member of a committee in
2 33 any partisan political club or organization, or hold or be
2 34 a candidate for a paid elective public office. The chief
2 35 information officer is subject to the restrictions on political
3 1 activity provided in section 8A.416.
3 2 Sec. 9. Section 8A.202, subsection 2, paragraph g, Code
3 3 2009, is amended to read as follows:
3 4 g. Coordinating and managing the acquisition of information
3 5 technology services by participating agencies in furtherance of
3 6 the purposes of this chapter. The department shall institute
3 7 procedures to ensure effective and efficient compliance
3 8 with the applicable standards established pursuant to this
3 9 subchapter. This subchapter shall not be construed to prohibit
3 10 or limit a participating agency from entering into an agreement
3 11 or contract for information technology with a qualified private
3 12 entity.
3 13 Sec. 10. Section 8A.202, Code 2009, is amended by adding the
3 14 following new subsection:
3 15 NEW SUBSECTION. 4A. Waivers.
3 16 a. The department shall adopt rules allowing for
3 17 participating agencies to seek a temporary or permanent waiver
3 18 from any of the requirements of this subchapter concerning
3 19 the acquisition of information technology. The rules shall
3 20 provide that a waiver may be granted upon a written request by
3 21 a participating agency and approval of the chief information
3 22 officer. A waiver shall only be approved if the participating
3 23 agency shows that a waiver would be in the best interests of
3 24 the state.
3 25 b. Prior to approving or denying a request for a waiver, the
3 26 chief information officer shall consider all of the following:
3 27 (1) Whether the waiver would violate any state or federal
3 28 law; or any published policy, standard, or requirement
3 29 established by a governing body other than the department.
3 30 (2) Whether the waiver would result in the duplication of
3 31 existing services, resources, or support.
3 32 (3) Whether the waiver would obstruct the state's
3 33 information technology strategic plan, enterprise architecture,
3 34 security plans, or any other information technology policy,
3 35 standard, or requirement.
4 1 (4) Whether the waiver would result in excessive
4 2 expenditures or expenditures above market rates.
4 3 (5) The life cycle of the system or application for which
4 4 the waiver is requested.
4 5 (6) Whether the participating agency can show that it can
4 6 obtain or provide the information technology more economically
4 7 than the information technology can be provided by the
4 8 department. For purposes of determining if the participating
4 9 agency can obtain or provide the information technology more
4 10 economically, the chief information officer shall consider
4 11 the impact on other participating agencies if the waiver is
4 12 approved or denied.
4 13 c. Rules adopted pursuant to this subsection relating to a
4 14 request for a waiver, at a minimum, shall provide for all of
4 15 the following:
4 16 (1) The request shall be in writing and signed by the head
4 17 of the participating agency seeking the waiver.
4 18 (2) The request shall include a reference to the specific
4 19 policy, standard, or requirement for which the waiver is
4 20 submitted.
4 21 (3) The request shall include a statement of facts including
4 22 a description of the problem or issue prompting the request;
4 23 the participating agency's preferred solution; an alternative
4 24 approach to be implemented by the participating agency intended
4 25 to satisfy the waived policy, standard, or requirement; the
4 26 business case for the alternative approach; the economic
4 27 justification for the waiver or a statement as to why the
4 28 waiver is in the best interests of the state; the time period
4 29 for which the waiver is requested; and any other information
4 30 deemed appropriate.
4 31 Sec. 11. Section 8A.203, unnumbered paragraph 1, Code 2009,
4 32 is amended to read as follows:
4 33 The chief information officer, in consultation with
4 34 the director, shall do all of the following as it relates to
4 35 information technology services: Sec. 12.
5 1 Section 8A.203, subsection 1, Code 2009, is
5 2 amended to read as follows:
5 3 1. Prescribe and adopt Advise the director concerning the
5 4 adoption of information technology standards and rules.
5 5 Sec. 13. Section 8A.203, Code 2009, is amended by adding the
5 6 following new subsections:
5 7 NEW SUBSECTION. 6. Coordinate the internal operations
5 8 of the department as they relate to information technology
5 9 and develop and implement policies and procedures designed to
5 10 ensure the efficient administration of the department as they
5 11 relate to information technology.
5 12 NEW SUBSECTION. 7. Recommend to the director for adoption
5 13 rules deemed necessary for the administration of this
5 14 subchapter in accordance with chapter 17A.
5 15 NEW SUBSECTION. 8. Advise the director concerning
5 16 contracts for the receipt and provision of information
5 17 technology services as deemed necessary.
5 18 NEW SUBSECTION. 9. Exercise and perform such other
5 19 powers and duties related to information technology as may be
5 20 delegated by the director or as may be prescribed by law.
5 21 Sec. 14. Section 8A.204, Code 2009, is amended by striking
5 22 the section and inserting in lieu thereof the following:
5 23 8A.204 Technology advisory council.
5 24 1. Definitions. For purposes of this section, unless the
5 25 context otherwise requires:
5 26 a. "Large agency" means a participating agency with more
5 27 than seven hundred full=time, year=round employees.
5 28 b. "Medium=sized agency" means a participating agency with
5 29 at least seventy or more full=time, year=round employees, but
5 30 not more than seven hundred permanent employees.
5 31 c. "Small agency" means a participating agency with less
5 32 than seventy full=time, year=round employees.
5 33 2. Membership.
5 34 a. The technology advisory council is composed of ten
5 35 members as follows:
6 1 (1) The chief information officer.
6 2 (2) The director of the department of management, or the
6 3 director's designee.
6 4 (3) Eight members appointed by the governor as follows:
6 5 (a) Three representatives from large agencies.
6 6 (b) Two representatives from medium=sized agencies.
6 7 (c) One representative from a small agency.
6 8 (d) Two public members who are knowledgeable and have
6 9 experience in information technology matters.
6 10 b. (1) Members appointed pursuant to paragraph "a",
6 11 subparagraph (3), shall serve two=year staggered terms. The
6 12 department shall provide, by rule, for the commencement of the
6 13 term of membership for the nonpublic members. The terms of
6 14 the public members shall be staggered at the discretion of the
6 15 governor.
6 16 (2) Sections 69.16, 69.16A, and 69.19 shall apply to the
6 17 public members of the council.
6 18 (3) Public members appointed by the governor are subject to
6 19 senate confirmation.
6 20 (4) Public members appointed by the governor may be eligible
6 21 to receive compensation as provided in section 7E.6.
6 22 (5) Members shall be reimbursed for actual and necessary
6 23 expenses incurred in performance of the members' duties.
6 24 (6) A director, deputy director, or employee with
6 25 information technology expertise of an agency is preferred as
6 26 an appointed representative for each of the agency categories
6 27 of membership pursuant to paragraph "a", subparagraph (3).
6 28 c. The technology advisory council annually shall elect a
6 29 chair and a vice chair from among the members of the council,
6 30 by majority vote, to serve one=year terms.
6 31 d. A majority of the members of the council shall constitute
6 32 a quorum.
6 33 e. Meetings of the council shall be held at the call of the
6 34 chairperson or at the request of three members.
6 35 3. Powers and duties of the council. The powers and
7 1 duties of the technology advisory council as they relate to
7 2 information technology services shall include but are not
7 3 limited to all of the following:
7 4 a. Advise the chief information officer in developing and
7 5 adopting information technology standards pursuant to sections
7 6 8A.203 and 8A.206 applicable to all agencies.
7 7 b. Make recommendations to the chief information officer
7 8 regarding all of the following:
7 9 (1) Technology utility services to be implemented by the
7 10 department or other agencies.
7 11 (2) Improvements to information technology service
7 12 levels and modifications to the business continuity plan for
7 13 information technology operations developed by the department
7 14 for agencies, and to maximize the value of information
7 15 technology investments by the state.
7 16 (3) Technology initiatives for the executive branch.
7 17 c. Advise the department regarding rates to be charged
7 18 for access to and for value=added services performed through
7 19 IowAccess.
7 20 Sec. 15. Section 8A.205, subsection 2, paragraph f, Code
7 21 2009, is amended by striking the paragraph and inserting in
7 22 lieu thereof the following:
7 23 f. Assist participating agencies in converting printed
7 24 government materials to electronic materials which can be
7 25 accessed through an internet searchable database.
7 26 Sec. 16. Section 8A.206, subsection 1, Code 2009, is amended
7 27 to read as follows:
7 28 1. The department, in conjunction after consultation with
7 29 the technology governance board advisory council, shall develop
7 30 and adopt information technology standards applicable to the
7 31 procurement of information technology by all participating
7 32 agencies. Such standards, unless waived by the department
7 33 pursuant to section 8A.202, subsection 4A, shall apply to all
7 34 information technology procurements for participating agencies.
7 35 Sec. 17. Section 8A.207, Code 2009, is amended by adding the
8 1 following new subsection:
8 2 NEW SUBSECTION. 2A. The department shall develop policies
8 3 and procedures that apply to all information technology goods
8 4 and services acquisitions, and shall ensure the compliance
8 5 of all participating agencies. The department shall also be
8 6 the sole provider of infrastructure services for participating
8 7 agencies.
8 8 Sec. 18. Section 8A.221, Code 2009, is amended by striking
8 9 the section and inserting in lieu thereof the following:
8 10 8A.221 IowAccess == duties and responsibilities.
8 11 1. IowAccess. The department shall establish IowAccess as
8 12 a service to the citizens of this state that is the gateway
8 13 for one=stop electronic access to government information and
8 14 transactions, whether federal, state, or local. Except as
8 15 provided in this section, IowAccess shall be a state=funded
8 16 service providing access to government information and
8 17 transactions. The department, in establishing the fees for
8 18 value=added services, shall consider the reasonable cost of
8 19 creating and organizing such government information through
8 20 IowAccess.
8 21 2. Duties. The department shall do all of the following:
8 22 a. Establish rates to be charged for access to and for
8 23 value=added services performed through IowAccess.
8 24 b. Approve and establish the priority of projects
8 25 associated with IowAccess. The determination may also include
8 26 requirements concerning funding for a project proposed by
8 27 a political subdivision of the state or an association,
8 28 the membership of which is comprised solely of political
8 29 subdivisions of the state. Prior to approving a project
8 30 proposed by a political subdivision, the department shall
8 31 verify that all of the following conditions are met:
8 32 (1) The proposed project provides a benefit to the state.
8 33 (2) The proposed project, once completed, can be shared
8 34 with and used by other political subdivisions of the state, as
8 35 appropriate.
9 1 (3) The state retains ownership of any final product or is
9 2 granted a permanent license to the use of the product.
9 3 c. Establish expected outcomes and effects of the use of
9 4 IowAccess and determine the manner in which such outcomes are
9 5 to be measured and evaluated.
9 6 d. Establish the IowAccess total budget request and
9 7 ensure that such request reflects the priorities and goals of
9 8 IowAccess as established by the department.
9 9 e. Advocate for access to government information and
9 10 services through IowAccess and for data privacy protection,
9 11 information ethics, accuracy, and security in IowAccess
9 12 programs and services.
9 13 f. Receive status and operations reports associated with
9 14 IowAccess.
9 15 3. Data purchasing. This section shall not be construed
9 16 to impair the right of a person to contract to purchase
9 17 information or data from the Iowa court information system
9 18 or any other governmental entity. This section shall not be
9 19 construed to affect a data purchase agreement or contract in
9 20 existence on April 25, 2000.
9 21 Sec. 19. Section 8A.224, subsection 1, Code Supplement
9 22 2009, is amended to read as follows:
9 23 1. An IowAccess revolving fund is created in the state
9 24 treasury. The revolving fund shall be administered by the
9 25 department and shall consist of moneys collected by the
9 26 department as fees, moneys appropriated by the general
9 27 assembly, and any other moneys obtained or accepted by the
9 28 department for deposit in the revolving fund. The proceeds
9 29 of the revolving fund are appropriated to and shall be used
9 30 by the department to maintain, develop, operate, and expand
9 31 IowAccess consistent with this subchapter, and for the support
9 32 of activities of the technology governance board advisory
9 33 council pursuant to section 8A.204.
9 34 Sec. 20. REPEAL. Section 8A.223, Code 2009, is repealed.
9 35 Sec. 21. DEPARTMENT OF ADMINISTRATIVE SERVICES INFORMATION
10 1 TECHNOLOGY == UTILIZATION BY LEGISLATIVE AND JUDICIAL
10 2 BRANCH. The department of administrative services shall
10 3 consult with and explore opportunities with the legislative
10 4 and judicial branches of government relative to the providing
10 5 of information technology services to those branches of
10 6 government.
10 7 Sec. 22. CHIEF INFORMATION OFFICER == CONVENIENCE FEE
10 8 STUDY. The chief information officer of the state shall
10 9 conduct a study concerning convenience or other handling fees
10 10 charged by state agencies by credit or debit card or other
10 11 electronic means of payment. The goal of the study would be to
10 12 encourage the elimination of such fees wherever possible. The
10 13 department shall determine the extent and amount of the fees
10 14 charged, revenues generated by those fees, and explore ways to
10 15 reduce or eliminate the fees. The chief information officer
10 16 shall submit a report to the general assembly by January 15,
10 17 2011, concerning the results of the study, including any
10 18 recommendations for legislative consideration.
10 19 Sec. 23. STATE AGENCY ELECTRONIC RENEWAL NOTICES. State
10 20 agencies, as defined in section 8A.101, should, to the greatest
10 21 extent possible, utilize electronic mail or similar electronic
10 22 means to notify holders of licenses or permits issued by that
10 23 state agency that the license or permit needs to be renewed.
10 24 The chief information officer of the state shall assist state
10 25 agencies in implementing the directive in this section.
10 26 DIVISION II
10 27 ELECTRONIC RECORDS
10 28 Sec. 24. Section 7A.11A, Code 2009, is amended to read as
10 29 follows:
10 30 7A.11A Reports to the general assembly.
10 31 All reports required to be filed with the general assembly by
10 32 a state department or agency shall be filed by delivering one
10 33 printed copy and one copy in electronic format as prescribed by
10 34 the secretary of the senate and the chief clerk of the house.
10 35 Sec. 25. STUDY == CREATION, STORAGE, AND RETENTION OF
11 1 ELECTRONIC RECORDS == STATE AGENCIES. The departments of
11 2 administrative services and cultural affairs, in consultation
11 3 with the state records commission, shall conduct a study on and
11 4 make recommendations for the creation, storage, and retention
11 5 of state agency records in an electronic format and shall
11 6 submit a report containing the recommendations to the general
11 7 assembly by December 15, 2010. In conducting the study, the
11 8 departments shall collect and assess information from each
11 9 state agency that includes an inventory of each agency's
11 10 records including the types of agency records as well as agency
11 11 records series retention and disposition schedules. The
11 12 assessment shall include agency records identified as having
11 13 permanent historical value by the state records commission.
11 14 The departments shall also describe in the report what
11 15 efficiencies and cost=saving efforts could be achieved through
11 16 the creation, storage, and maintenance of such records in an
11 17 electronic format.
11 18 DIVISION III
11 19 PUBLICATION MODERNIZATION
11 20 Sec. 26. Section 2.42, subsection 13, Code 2009, is amended
11 21 to read as follows:
11 22 13. To establish policies with regard to the publishing
11 23 of printed and electronic versions of legal publications
11 24 as provided in chapters 2A and 2B, including the Iowa
11 25 administrative code, the Iowa administrative bulletin, the
11 26 Iowa Code, the Iowa Code Supplement, and the Iowa Acts Acts,
11 27 Iowa Code, Code Supplement, Iowa administrative bulletin,
11 28 Iowa administrative code, and Iowa court rules, or any part
11 29 of those publications. The publishing policies may include,
11 30 but are not limited to: the style and format to be used; the
11 31 frequency of publication; the contents of the publications;
11 32 the numbering system systems to be used in the Iowa Code, the
11 33 Iowa Code Supplement, and the Iowa Acts; the preparation of
11 34 editorial comments or notations; the correction of errors;
11 35 the type of print or electronic media and data processing
12 1 software to be used; the number of printed volumes to be
12 2 published; recommended revisions of the Iowa Code, the Iowa
12 3 Code Supplement, and the Iowa Acts; the letting of contracts
12 4 for the publication of the Iowa administrative code, the Iowa
12 5 administrative bulletin, the Iowa court rules, the Iowa Code,
12 6 the Iowa Code Supplement, and the Iowa Acts; the pricing of
12 7 the publications to which section 22.3 does not apply; access
12 8 to, and the use, reproduction, legal protection, sale or
12 9 distribution, and pricing of related data processing software
12 10 consistent with chapter 22; and any other matters deemed
12 11 necessary to the publication of uniform and understandable
12 12 publications.
12 13 Sec. 27. Section 2A.1, subsection 2, paragraph d, Code 2009,
12 14 is amended to read as follows:
12 15 d. Publication of the official legal publications of
12 16 the state, including but not limited to the Iowa Acts, Iowa
12 17 Code, Iowa Code Supplement, Iowa Acts, Iowa court rules, Iowa
12 18 administrative bulletin, and Iowa administrative code, and
12 19 Iowa court rules as provided in chapter 2B. The legislative
12 20 services agency shall do all of the following:
12 21 (1) Designate a legal publication described in chapter 2B as
12 22 an official legal publication. The legislative services agency
12 23 may also designate a legal publication as an unofficial legal
12 24 publication. The legislative services agency may use the great
12 25 seal of the state of Iowa as provided in section 1A.1 or other
12 26 symbol to identify an official or unofficial legal publication.
12 27 (2) Provide for citing official legal publications as
12 28 provided in chapter 2B.
12 29 Sec. 28. Section 2A.5, subsection 1, Code 2009, is amended
12 30 to read as follows:
12 31 1. The legislative services agency shall publish the
12 32 official legal publications of the state as provided in chapter
12 33 2B. The legislative services agency shall have legal custody of
12 34 the publications and shall provide for the warehousing, sale,
12 35 and distribution of the publications. The legislative services
13 1 agency shall retain or cause to be retained a number of old
13 2 editions of the publications but may otherwise distribute or
13 3 cause to be distributed old editions of the publications to any
13 4 person upon payment by the person of any distribution costs.
13 5 This section and chapter 2B do not require the legislative
13 6 services agency to publish a publication in both a printed and
13 7 electronic version.
13 8 Sec. 29. Section 2A.5, subsection 2, paragraph b, Code 2009,
13 9 is amended to read as follows:
13 10 b. The Iowa Code Supplement.
13 11 Sec. 30. Section 2A.5, subsection 3, Code 2009, is amended
13 12 to read as follows:
13 13 3. The legislative services agency shall in each
13 14 odd=numbered year compile for publication and distribute in
13 15 odd=numbered years a printed or electronic version of the Iowa
13 16 official register for distribution as soon as practicable.
13 17 The register shall contain historical, political, and other
13 18 information and statistics of general value but shall not
13 19 contain information or statistics of a partisan character. The
13 20 print printed and electronic versions of the register need
13 21 not contain the same information and statistics but shall be
13 22 published to provide the greatest access to such information
13 23 and statistics at the most reasonable cost as determined by the
13 24 legislative services agency. The different versions of the
13 25 register may be distributed free of charge, may be distributed
13 26 free of charge except for postage and handling charges, or
13 27 may be sold at a price to be established by the legislative
13 28 services agency.
13 29 Sec. 31. Section 2A.6, Code 2009, is amended to read as
13 30 follows:
13 31 2A.6 Special distribution of legal publications
13 32 == restrictions on free distributions.
13 33 1. The legislative services agency shall make free
13 34 distribution of the available electronic or printed versions
13 35 of the official legal publications listed in section 2A.5,
14 1 subsection 2, subject to payment of any routine distribution
14 2 costs such as but not limited to mailing and handling costs, to
14 3 the three branches of state government, to elected county
14 4 officers, to county and city assessors, to Iowa's congressional
14 5 delegation, to federal courts in Iowa and federal judges and
14 6 magistrates for Iowa, and to state and university depository
14 7 libraries, the library of Congress, and the library of the
14 8 United States supreme court. Only such officers, offices, and
14 9 agencies entitled to or receiving free copies during the fiscal
14 10 year beginning July 1, 2002, and ending June 30, 2003,* shall
14 11 be entitled to continue to receive free copies in subsequent
14 12 years, except that successor and new officers, offices, and
14 13 agencies shall receive a reasonable number of free copies as
14 14 determined by the legislative services agency. Such officers,
14 15 offices, and agencies shall annually review the number of
14 16 copies received in the prior year to determine if the number of
14 17 copies received can be reduced and shall submit the information
14 18 in a report to the legislative services agency. The number of
14 19 copies received, once reduced, shall not be increased to the
14 20 previous level without the express consent of the legislative
14 21 services agency.
14 22 2. Each officer, office, or agency receiving one or more
14 23 free copies of a publication under this section shall only
14 24 receive up to the number of copies indicated free at the time
14 25 of initial distribution. If an officer, office, or agency
14 26 receiving one or more free copies of a publication under
14 27 this section desires additional copies beyond the number
14 28 initially received, the officer, office, or agency must request
14 29 the additional copies and pay the normal charge for such
14 30 publication.
14 31 3. If a version of a publication provided under this
14 32 section is available in an electronic format, the legislative
14 33 services agency may establish policies providing for the
14 34 substitution of an electronic version for the printed version
14 35 of the publication, and for the amount of payment, if any,
15 1 required for the electronic publication. The payment amount
15 2 shall not be more than established pursuant to section 2A.5 for
15 3 the same publication. For the Iowa administrative code and
15 4 its supplements, the legislative services agency may provide
15 5 that the distribution requirement of this section is met by
15 6 distributing relevant portions of the Iowa administrative code
15 7 or its supplements in either a printed or electronic format.
15 8 4. 2. Notwithstanding any provision of this section to the
15 9 contrary, the The legislative services agency may review the
15 10 publication costs and offsetting sales revenues relating to
15 11 legal publications in electronic and printed formats, and may.
15 12 If a legal publication is available in an electronic version,
15 13 the legislative services agency may provide the version free
15 14 of charge or may charge a fee for any mailing or handling costs
15 15 in the distribution of the electronic version or may charge a
15 16 fee for an electronic version which includes programming not
15 17 originally part of the stored information, including but not
15 18 limited to search and retrieval functions. The legislative
15 19 services agency shall establish policies requiring payment for
15 20 any printed versions of the official legal publications from
15 21 persons otherwise entitled to receive them at no cost or at
15 22 a price covering distribution costs to whom the legislative
15 23 services agency is obligated to make the legal publications
15 24 available pursuant to subsection 1. The payment amount shall
15 25 not be more than established pursuant to section 2A.5 for the
15 26 same publication.
15 27 Sec. 32. Section 2B.5, subsections 1 and 2, Code 2009,
15 28 are amended by striking the subsections and inserting in lieu
15 29 thereof the following:
15 30 1. Publish the Iowa administrative bulletin and the Iowa
15 31 administrative code as provided in section 2B.5A.
15 32 2. Publish the Iowa court rules as provided in section
15 33 2B.5B.
15 34 Sec. 33. Section 2B.5, subsection 3, Code 2009, is amended
15 35 to read as follows:
16 1 3. Cause to be published annually a Publish annually an
16 2 electronic or printed edition of the roster of state officials.
16 3 The roster of state officials shall include a correct list of
16 4 state officers and deputies; members of boards and commissions;
16 5 justices of the supreme court, judges of the court of appeals,
16 6 and judges of the district courts including district associate
16 7 judges and judicial magistrates; and members of the general
16 8 assembly. The office of the governor shall cooperate in the
16 9 preparation of the list.
16 10 Sec. 34. NEW SECTION. 2B.5A Iowa administrative bulletin
16 11 and Iowa administrative code.
16 12 1. The legislative services agency shall control and
16 13 maintain in a secure electronic repository custodial
16 14 information used to produce the Iowa administrative bulletin
16 15 and the Iowa administrative code.
16 16 2. In consultation with the administrative rules
16 17 coordinator, the administrative code editor shall prescribe
16 18 a uniform style and form required for a person filing a
16 19 document for publication in the Iowa administrative bulletin
16 20 or the Iowa administrative code, including but not limited
16 21 to a rulemaking document. A rulemaking document includes a
16 22 notice of intended action as provided in section 17A.4 or an
16 23 adopted rule for filing as provided in section 17A.5. The
16 24 rulemaking document shall correlate each rule to the uniform
16 25 numbering system established by the administrative code editor.
16 26 The administrative code editor shall provide for electronic
16 27 publication of the Iowa administrative bulletin and the Iowa
16 28 administrative code. The administrative code editor shall
16 29 review all submitted documents for style and form and notify
16 30 the administrative rules coordinator if a rulemaking document
16 31 is not in proper style or form, and may return or revise a
16 32 document which is not in proper style and form. The style
16 33 and form prescribed shall require that a rulemaking document
16 34 include a reference to the statute which the rules are intended
16 35 to implement.
17 1 3. a. The administrative code editor may omit from the Iowa
17 2 administrative bulletin or the Iowa administrative code any
17 3 document for publication in the Iowa administrative bulletin or
17 4 the Iowa administrative code, if the administrative code editor
17 5 determines that its publication would be unduly cumbersome,
17 6 expensive, or otherwise inexpedient. The person filing the
17 7 document for publication shall provide the administrative
17 8 code editor with an electronic version of the document. The
17 9 administrative code editor shall publish the document on the
17 10 general assembly's internet site, and publish a notice in the
17 11 Iowa administrative bulletin or the Iowa administrative code
17 12 stating the specific subject matter of the omitted document and
17 13 how the omitted document may be accessed.
17 14 b. The administrative code editor shall omit or cause to be
17 15 omitted from the Iowa administrative code any rule or portion
17 16 of a rule nullified by the general assembly pursuant to Article
17 17 III, section 40, of the Constitution of the State of Iowa.
17 18 4. The administrative code editor who receives a
17 19 publication from an agency because the publication is
17 20 referenced in the Iowa administrative bulletin or Iowa
17 21 administrative code shall make the publication available to the
17 22 public pursuant to section 17A.6.
17 23 5. The administrative code editor shall publish the Iowa
17 24 administrative bulletin in accordance with section 2.42 at
17 25 least every other week, unless the administrative code editor
17 26 and the administrative rules review committee determine
17 27 that an alternative publication schedule is preferable. The
17 28 administrative code editor shall provide for the arrangement of
17 29 the contents of the Iowa administrative bulletin.
17 30 a. The Iowa administrative bulletin shall contain all of the
17 31 following:
17 32 (1) Rulemaking documents, including notices of intended
17 33 action as provided in section 17A.4, and rules adopted and
17 34 effective immediately upon filing and rules adopted and filed
17 35 as provided in section 17A.5.
18 1 (2) Resolutions nullifying administrative rules passed by
18 2 the general assembly pursuant to Article III, section 40 of the
18 3 Constitution of the State of Iowa.
18 4 (3) All proclamations and executive orders of the governor
18 5 which are general and permanent in nature.
18 6 (4) Other materials deemed fitting and proper by the
18 7 administrative rules review committee.
18 8 (5) Items required to be published by statute.
18 9 (6) A comprehensive method to search and identify its
18 10 contents. An electronic version may include search and
18 11 retrieval programming and index.
18 12 b. The Iowa administrative bulletin may contain all of the
18 13 following:
18 14 (1) A preface.
18 15 (2) A rulemaking schedule.
18 16 (3) The agenda for the next meeting of the administrative
18 17 rules review committee as provided in section 17A.8, if
18 18 available.
18 19 (4) A schedule of known public hearings.
18 20 (5) A list of agencies referenced by agency identification
18 21 number.
18 22 6. The administrative code editor shall publish the Iowa
18 23 administrative code in accordance with section 2.42 at least
18 24 every other week, unless the administrative code editor and
18 25 the administrative rules review committee determine that an
18 26 alternative publication schedule is preferable. However, the
18 27 legislative services agency may publish supplements in lieu of
18 28 the Iowa administrative code. The administrative code editor
18 29 shall provide for the arrangement of the Iowa administrative
18 30 code.
18 31 a. The Iowa administrative code shall include all of the
18 32 following:
18 33 (1) Rules of general application adopted and filed with
18 34 the administrative code editor by state agencies. However,
18 35 the administrative code editor may delete a rule from the Iowa
19 1 administrative code if the agency that adopted the rule has
19 2 ceased to exist, no successor agency has jurisdiction over the
19 3 rule, and no statutory authority exists supporting the rule.
19 4 (2) A comprehensive method to search and identify its
19 5 contents, including rules.
19 6 (a) An electronic version may include search and retrieval
19 7 programming and index.
19 8 (b) A print edition may include an index.
19 9 b. The Iowa administrative code may include all of the
19 10 following:
19 11 (1) A preface.
19 12 (2) Uniform rules on agency procedure.
19 13 Sec. 35. NEW SECTION. 2B.5B Iowa court rules.
19 14 1. The legislative services agency shall control and
19 15 maintain in a secure electronic repository custodial
19 16 information used to produce the Iowa court rules.
19 17 2. The administrative code editor, upon direction by
19 18 the Iowa supreme court and in accordance with the policies
19 19 of the legislative council pursuant to section 2.42 and the
19 20 legislative services agency pursuant to section 2A.1, shall
19 21 prescribe a uniform style and form required for filing a
19 22 document for publication in the Iowa court rules. The document
19 23 shall correlate each rule to the uniform numbering system.
19 24 The administrative code editor shall provide for electronic
19 25 publication of the Iowa court rules. The administrative code
19 26 editor shall review all submitted documents for style and form
19 27 and notify the Iowa supreme court if a rulemaking document
19 28 is not in proper style or form, and may return or revise a
19 29 document which is not in proper style and form.
19 30 3. a. The administrative code editor shall publish the
19 31 Iowa court rules in accordance with section 2.42. However, the
19 32 legislative services agency may publish supplements in lieu of
19 33 the Iowa court rules. The administrative code editor shall
19 34 provide for arrangement of the Iowa court rules in consultation
19 35 with the Iowa supreme court.
20 1 b. The Iowa court rules shall include all of the following:
20 2 (1) Rules prescribed by the supreme court, which may include
20 3 the Iowa rules of civil procedure, the Iowa rules of criminal
20 4 procedure, the Iowa rules of evidence, the Iowa rules of
20 5 appellate procedure, the Iowa rules of professional conduct,
20 6 and the Iowa code of judicial conduct.
20 7 (2) A comprehensive method to search and identify its
20 8 contents, including court rules.
20 9 (a) An electronic version may include search and retrieval
20 10 programming and index.
20 11 (b) A print version shall include an index.
20 12 c. The Iowa court rules may include all of the following:
20 13 (1) A preface.
20 14 (2) Tables, including tables of corresponding rule numbers.
20 15 Sec. 36. Section 2B.6, subsections 2 and 3, Code 2009,
20 16 are amended by striking the subsections and inserting in lieu
20 17 thereof the following:
20 18 2. Provide for the publication of all of the following:
20 19 a. The Iowa Acts as provided in section 2B.10.
20 20 b. The Iowa Code or Code Supplement, as provided in section
20 21 2B.12.
20 22 Sec. 37. Section 2B.10, Code 2009, is amended to read as
20 23 follows:
20 24 2B.10 Iowa Acts.
20 25 1. The legislative services agency shall control and
20 26 maintain in a secure electronic repository custodial
20 27 information used to produce the Iowa Acts.
20 28 2. The legislative services agency shall publish the annual
20 29 edition of the Iowa Acts as soon as possible after the final
20 30 adjournment of a regular session of the general assembly. The
20 31 legislative services agency may also publish an updated edition
20 32 of the Iowa Acts or a supplement to the Iowa Acts after a
20 33 special session of the general assembly.
20 34 1.3. a. The arrangement of the Acts and resolutions,
20 35 and the size, style, type, binding, general arrangement, and
21 1 tables of the Iowa Acts, appearance, and contents of the Iowa
21 2 Acts shall be printed and published in the manner determined
21 3 by the Iowa Code editor in accordance with the policies set
21 4 by the of the legislative council and legislative services
21 5 agency as provided in section 2.42.
21 6 2. b. Chapters of The bills and joint resolutions of the
21 7 Iowa Acts may be arranged by chapter, numbered from one for the
21 8 first regular session shall be numbered from one and chapters
21 9 of the second regular session shall be and numbered from one
21 10 thousand one for the second regular session.
21 11 4. The Iowa Acts shall include all of the following:
21 12 a. A preface.
21 13 b. A table of contents.
21 14 3. c. A list of elective state officers and deputies,
21 15 supreme court justices, judges of the court of appeals,
21 16 and members of the general assembly shall be published annually
21 17 with the Iowa Acts, and members of Iowa's congressional
21 18 delegation.
21 19 4. d. A statement of the condition of the state treasury
21 20 shall be included, as provided by Article III, section 18,
21 21 of the Constitution of the State of Iowa. The statement shall
21 22 be furnished to the legislative services agency by the director
21 23 of the department of administrative services.
21 24 e. An analysis of its chapters.
21 25 f. The text of bills that have been enacted and joint
21 26 resolutions that have been enacted or passed by the general
21 27 assembly, including text indicating items disapproved in
21 28 appropriation bills.
21 29 g. Messages transmitted by the governor disapproving items
21 30 in appropriation bills.
21 31 h. A notation of the filing of an estimate of a state
21 32 mandate prepared by the legislative services agency pursuant
21 33 to section 25B.5.
21 34 i. Tables including any analysis of tables.
21 35 j. A comprehensive method to search and identify its
22 1 contents, including the text of bills that have been enacted
22 2 and joint resolutions that have been enacted or passed by the
22 3 general assembly.
22 4 (1) An electronic version may include search and retrieval
22 5 programming and an index and a summary index.
22 6 (2) A print version may include an index and a summary
22 7 index.
22 8 k. Other reference material as determined by the Iowa Code
22 9 editor in accordance with any policies of the legislative
22 10 council.
22 11 5. The enrolling clerks of the house and senate shall
22 12 arrange for the Iowa Code editor to receive suitable copies of
22 13 all Acts and resolutions as soon as they are enrolled.
22 14 6. A notation of the filing of an estimate of a state
22 15 mandate prepared by the legislative services agency pursuant to
22 16 section 25B.5 shall be included in the Iowa Acts with the text
22 17 of an enacted bill or joint resolution containing the state
22 18 mandate.
22 19 Sec. 38. Section 2B.12, subsections 1 and 2, Code 2009, are
22 20 amended to read as follows:
22 21 1. The legislative services agency shall control and
22 22 maintain in a secure electronic repository custodial
22 23 information used to publish the Iowa Code.
22 24 1. 2. A new Iowa Code shall be issued The legislative
22 25 services agency shall publish an annual edition of the Iowa
22 26 Code as soon as possible after the final adjournment of the
22 27 second a regular session of the a general assembly. A However,
22 28 the legislative services agency may publish a new Code
22 29 Supplement shall be issued in lieu of the Iowa Code as soon as
22 30 possible after the first final adjournment of a regular session
22 31 of the a general assembly. A The legislative services agency
22 32 may publish a new edition of the Iowa Code or Code Supplement
22 33 may be issued as soon as possible after the final adjournment
22 34 of a special session of the general assembly or as required by
22 35 the legislative council.
23 1 2. The entire Iowa Code shall be maintained on a computer
23 2 database which shall be updated as soon as possible after
23 3 each session of the general assembly. The Iowa Code and Code
23 4 Supplement shall be prepared and printed on a good quality
23 5 of paper in one or more volumes, in the manner determined by
23 6 the Iowa Code editor in accordance with the policies of the
23 7 legislative council, as provided in section 2.42.
23 8 Sec. 39. Section 2B.12, subsection 5, Code 2009, is amended
23 9 by striking the subsection.
23 10 Sec. 40. Section 2B.12, subsection 6, unnumbered paragraph
23 11 1, Code 2009, is amended to read as follows:
23 12 The Iowa Code published after the second regular session of
23 13 the general assembly shall include all of the following:
23 14 Sec. 41. Section 2B.12, subsection 6, paragraph a, Code
23 15 2009, is amended by striking the paragraph.
23 16 Sec. 42. Section 2B.12, subsection 6, paragraph h, Code
23 17 2009, is amended by striking the paragraph and inserting in
23 18 lieu thereof the following:
23 19 h. The arrangement of the Code into distinct units, as
23 20 established by the legislative services agency, which may
23 21 include titles, subunits of titles, chapters, subunits of
23 22 chapters, and sections, and subunits of sections. The distinct
23 23 units shall be numbered and may include names.
23 24 Sec. 43. Section 2B.12, subsection 6, paragraph j, Code
23 25 2009, is amended to read as follows:
23 26 j. A comprehensive index and a summary index covering method
23 27 to search and identify its contents, including the text of the
23 28 Constitution and statutes of the State of Iowa.
23 29 (1) An electronic version may include search and retrieval
23 30 programming, analysis of titles and chapters, and an index and
23 31 a summary index.
23 32 (2) A print version shall include an analysis of titles and
23 33 chapters, and an index and a summary index.
23 34 Sec. 44. Section 2B.12, Code 2009, is amended by adding the
23 35 following new subsection:
24 1 NEW SUBSECTION. 6A. The Iowa Code may include all of the
24 2 following:
24 3 a. A preface.
24 4 b. A description of citations to statutes.
24 5 c. Abbreviations to other publications which may be referred
24 6 to in the Iowa Code.
24 7 d. Appropriate historical references or source notes.
24 8 e. An analysis of the Code by titles and chapters.
24 9 f. Other reference materials as determined by the Iowa
24 10 Code editor in accordance with any policies of the legislative
24 11 council.
24 12 Sec. 45. Section 2B.12, subsections 7 and 8, Code 2009, are
24 13 amended to read as follows:
24 14 7. The A Code Supplement published after the first regular
24 15 session of the general assembly shall include all of the
24 16 following:
24 17 a. All of the The text of statutes of Iowa of a general
24 18 and permanent nature which that were enacted or amended during
24 19 that the preceding regular or special session, except as
24 20 provided in subsection 3, and; an indication of all sections
24 21 repealed during that session,; and any amendments to the
24 22 Constitution of the State of Iowa approved by the voters at
24 23 the preceding general election since the adjournment of the
24 24 previous regular session of the general assembly.
24 25 b. A chapter title and number for each chapter or part of a
24 26 chapter included.
24 27 c. An index covering the material included A comprehensive
24 28 method to search and identify its contents, including the text
24 29 of statutes and the Constitution of the State of Iowa.
24 30 (1) An electronic version may include search and retrieval
24 31 programming and an index and a summary index.
24 32 (2) A print version may include an index and a summary
24 33 index.
24 34 8. A The Iowa Code or Code Supplement may include
24 35 appropriate tables showing the disposition of Acts of the
25 1 general assembly, the corresponding sections from edition
25 2 to edition of a an Iowa Code or Code Supplement, and other
25 3 reference material as determined by the Iowa Code editor in
25 4 accordance with policies of the legislative council.
25 5 Sec. 46. Section 2B.13, subsection 1, unnumbered paragraph
25 6 1, Code 2009, is amended to read as follows:
25 7 The Iowa Code editor in preparing the copy for an edition
25 8 of the Iowa Code or Iowa Code Supplement shall not alter the
25 9 sense, meaning, or effect of any Act of the general assembly,
25 10 but may:
25 11 Sec. 47. Section 2B.13, subsection 2, paragraph f, Code
25 12 2009, is amended to read as follows:
25 13 f. Perform any other editorial tasks required or authorized
25 14 by section 17A.6 2B.5A.
25 15 Sec. 48. Section 2B.13, subsections 3, 4, 5, and 7, Code
25 16 2009, are amended to read as follows:
25 17 3. a. The Iowa Code editor may, in preparing the copy for
25 18 an edition of the Iowa Code or Iowa Code Supplement, establish
25 19 standards for and change capitalization, spelling, and
25 20 punctuation in any Code provision for purposes of uniformity
25 21 and consistency in Code language.
25 22 b. The administrative code editor may establish standards
25 23 for capitalization, spelling, and punctuation for purposes of
25 24 uniformity and consistency in the Iowa administrative code.
25 25 4. a. The Iowa Code editor shall seek direction from
25 26 the senate committee on judiciary and the house committee
25 27 on judiciary when making Iowa Code or Iowa Code Supplement
25 28 changes, and the.
25 29 b. The administrative code editor shall seek direction
25 30 from the administrative rules review committee and
25 31 the administrative rules coordinator when making Iowa
25 32 administrative code changes, which appear to require
25 33 substantial editing and which might otherwise be interpreted to
25 34 exceed the scope of the authority granted in this section.
25 35 5. The Iowa Code editor may prepare and publish comments
26 1 deemed necessary for a proper explanation of the manner
26 2 of printing a section or chapter of the Iowa Code or Code
26 3 Supplement. The Iowa Code editor shall maintain a record of
26 4 all of the corrections made under subsection 1. The Iowa Code
26 5 editor shall also maintain a separate record of the changes
26 6 made under subsection 1, paragraphs "b" through "h". The
26 7 records shall be available to the public.
26 8 7. a. The effective date of all editorial changes in an
26 9 edition of the Iowa Code or Iowa Code Supplement is the date
26 10 of the Iowa Code editor's approval of the final press proofs
26 11 for the statutory text contained within that publication. The
26 12 effective date of all editorial changes for the or an edition
26 13 of the Iowa administrative code is the its publication date
26 14 those changes are published in the Iowa administrative code. A
26 15 publication date is the date the publication is conclusively
26 16 presumed to be complete, incorporating all revisions or
26 17 editorial changes.
26 18 b. The publication date for the publications are as follows:
26 19 (1) For the Iowa Code or Code Supplement, the publication
26 20 date is the first day of the next regular session of the
26 21 general assembly convened pursuant to Article III, section
26 22 2, of the Constitution of the State of Iowa. However, the
26 23 legislative services agency may establish an alternative
26 24 publication date, which may be the date that the publication is
26 25 first available to the public accessing the general assembly's
26 26 internet site. The legislative services agency shall provide
26 27 notice of such an alternative publication date on the general
26 28 assembly's internet site.
26 29 (2) The publication date for the Iowa administrative code
26 30 is the date that it is first available to the public accessing
26 31 the general assembly's internet site according to a publication
26 32 schedule provided in section 2B.5A.
26 33 c. A publication designated by the legislative services
26 34 agency as unofficial shall not be used to establish a
26 35 publication date.
27 1 Sec. 49. Section 2B.17, Code 2009, is amended by striking
27 2 the section and inserting in lieu thereof the following:
27 3 2B.17 Official legal publications == citations.
27 4 1. An official legal publication designated as such by
27 5 the legislative services agency as provided in sections 2.42
27 6 and 2A.1, is the official and authoritative version of the
27 7 statutes, administrative rules, or court rules of the state of
27 8 Iowa.
27 9 2. a. The codified version of the state's constitution
27 10 shall be known as the Constitution of the State of Iowa.
27 11 b. For statutes, the official versions of publications
27 12 shall be known as the Iowa Acts, the Iowa Code, and the Code
27 13 Supplement.
27 14 c. For administrative rules, the official versions of the
27 15 publications shall be known as the Iowa Administrative Bulletin
27 16 and the Iowa Administrative Code.
27 17 d. For court rules, the official version of the publication
27 18 shall be known as the Iowa Court Rules.
27 19 3. The legislative services agency may adopt a style manual
27 20 providing a uniform system of citing the codified Constitution
27 21 of the State of Iowa and the official versions of publications
27 22 listed in subsection 2, including by reference to commonly
27 23 accepted legal sources. The legislative services agency
27 24 style manual may provide for a different form of citation
27 25 for electronic and printed versions of the same publication.
27 26 Nothing in this section affects rules for style and format
27 27 adopted pursuant to section 2.42.
27 28 4. The codified Constitution of the State of Iowa, and
27 29 statutes enacted and joint resolutions enacted or passed by the
27 30 general assembly shall be cited as follows:
27 31 a. The codified Constitution of the State of Iowa shall
27 32 be cited as the Constitution of the State of Iowa, with a
27 33 reference identifying the preamble or boundaries, or article,
27 34 section, and subunit of a section. Subject to the legislative
27 35 services agency style manual, the Constitution of the State of
28 1 Iowa may be cited as the Iowa Constitution.
28 2 b. The Iowa Acts shall be cited as the Iowa Acts with
28 3 a reference identifying the year of the publication in
28 4 conformance with section 2.2, and the chapter of a bill
28 5 enacted or joint resolution enacted or passed during a regular
28 6 session, or in the alternative the bill or joint resolution
28 7 chamber designation, and the section of the chapter or bill
28 8 or subunit of a section. A bill or joint resolution enacted
28 9 or passed during a special session shall be cited by the
28 10 extraordinary session designation in conformance with section
28 11 2.2. If the Iowa Acts have not been published, a bill or joint
28 12 resolution may be cited by its bill or joint resolution chamber
28 13 designation.
28 14 c. The Iowa Code shall be cited as the Iowa Code. The Code
28 15 Supplement shall be cited as the Code Supplement. Subject
28 16 to the legislative services agency style manual, the Iowa
28 17 Code may be cited as the Code of Iowa or Code and the Code
28 18 Supplement may be cited as the Iowa Code Supplement, with
28 19 references identifying parts of the publication, including
28 20 but not limited to title or chapter, section, or subunit of a
28 21 section. If the citation refers to a past edition of the Iowa
28 22 Code or Code Supplement, the citation shall identify the year
28 23 of publication.
28 24 5. Administrative rules shall be cited as follows:
28 25 a. The Iowa Administrative Bulletin shall be cited as
28 26 the IAB, with references identifying the volume number which
28 27 may be based on a fiscal year cycle, the issue number, and
28 28 the ARC number assigned to the rulemaking document by the
28 29 administrative rules coordinator pursuant to section 17A.4.
28 30 Subject to the legislative services agency style manual, the
28 31 citation may also include the publication's page number.
28 32 b. The Iowa Administrative Code shall be cited as the IAC,
28 33 with references to an agency's identification number placed at
28 34 the beginning of the citation and with references to parts of
28 35 the publication, including but not limited to chapter, rule, or
29 1 subunit of a rule.
29 2 6. The Iowa Court Rules shall be cited as the Iowa Court
29 3 Rules, with references to the rule number and to subunits
29 4 of the publication, which may include but are not limited
29 5 to the Iowa Rules of Civil Procedure, the Iowa Rules of
29 6 Criminal Procedure, the Iowa Rules of Evidence, the Iowa
29 7 Rules of Appellate Procedure, the Iowa Rules of Professional
29 8 Conduct, and the Iowa Code of Judicial Conduct. Subject to
29 9 the legislative services agency style manual, the names of the
29 10 rules may be abbreviated.
29 11 Sec. 50. NEW SECTION. 2B.18 Iowa Code editor and
29 12 administrative code editor == custody and authentication.
29 13 1. The Iowa Code editor is the custodian of the official
29 14 legal publications known as the Iowa Acts, Iowa Code, and
29 15 Code Supplement. The Iowa Code editor may attest to and
29 16 authenticate any portion of such official legal publication
29 17 for purposes of admitting a portion of the official legal
29 18 publication in any court or office of any state, territory, or
29 19 possession of the United States or in a foreign jurisdiction.
29 20 2. The administrative code editor is the custodian of the
29 21 official legal publications known as the Iowa administrative
29 22 bulletin, the Iowa administrative code, and the Iowa court
29 23 rules. The administrative code editor may attest to and
29 24 authenticate any portion of such official legal publication
29 25 for purposes of admitting a portion of the official legal
29 26 publication in any court or office of any state, territory, or
29 27 possession of the United States or in a foreign jurisdiction.
29 28 Sec. 51. Section 7.17, subsection 2, Code 2009, is amended
29 29 by striking the subsection.
29 30 Sec. 52. Section 17A.4, subsection 1, paragraph a, Code
29 31 2009, is amended to read as follows:
29 32 a. Give notice of its intended action by submitting
29 33 the notice to the administrative rules coordinator and
29 34 the administrative code editor. The administrative rules
29 35 coordinator shall assign an ARC number to each rulemaking
30 1 document. The administrative code editor shall publish
30 2 each notice meeting the requirements of this chapter in the
30 3 Iowa administrative bulletin created pursuant to section
30 4 17A.6 2B.5A. Any notice of intended action shall be published
30 5 at least thirty=five days in advance of the action. The notice
30 6 shall include a statement of either the terms or substance of
30 7 the intended action or a description of the subjects and issues
30 8 involved, and the time when, the place where, and the manner in
30 9 which interested persons may present their views.
30 10 Sec. 53. Section 17A.6, Code 2009, is amended by striking
30 11 the section and inserting in lieu thereof the following:
30 12 17A.6 Publications.
30 13 1. The administrative code editor shall publish the Iowa
30 14 administrative bulletin and the Iowa administrative code as
30 15 provided in section 2B.5A.
30 16 2. An agency which adopts standards by reference to
30 17 another publication shall deliver an electronic copy of
30 18 the publication, or the relevant part of the publication,
30 19 containing the standards to the administrative code editor
30 20 who shall publish it on the general assembly's internet site.
30 21 If an electronic copy of the publication is not available,
30 22 the agency shall deliver a printed copy of the publication to
30 23 the administrative code editor who shall deposit the copy in
30 24 the state law library where it shall be made available for
30 25 inspection and reference.
30 26 Sec. 54. Section 89.5, subsection 3, unnumbered paragraph
30 27 1, Code 2009, is amended to read as follows:
30 28 A rule adopted pursuant to this chapter which adopts
30 29 standards by reference to another publication shall be exempt
30 30 from the requirements of section 17A.6 2B.5A, subsection 4, if
30 31 the following conditions exist:
30 32 Sec. 55. Section 89A.3, subsection 5, unnumbered paragraph
30 33 1, Code Supplement 2009, is amended to read as follows:
30 34 A rule adopted pursuant to this section which adopts
30 35 standards by reference to another publication shall be exempt
31 1 from the requirements of section 17A.6 2B.5A, subsection 4, if
31 2 the following conditions exist:
31 3 Sec. 56. Section 256.53, Code 2009, is amended to read as
31 4 follows:
31 5 256.53 State publications.
31 6 Upon issuance of a state publication in any format, a
31 7 state agency shall deposit with provide the division with
31 8 an electronic version of the publication at no cost to the
31 9 division, seventy=five copies of the publication or a lesser
31 10 number if specified by the division, except as provided in
31 11 section 2A.6.
31 12 Sec. 57. Section 267.6, Code 2009, is amended to read as
31 13 follows:
31 14 267.6 Iowa administrative procedure Act.
31 15 The provisions of chapter 17A shall not apply to the council
31 16 or any actions taken by it, except that any recommendations
31 17 adopted by the council pursuant to section 267.5, subsection
31 18 3, and any rules adopted by the council shall be adopted,
31 19 amended, or repealed only after compliance with the provisions
31 20 of sections 17A.4, and 17A.5, and 17A.6 the publication
31 21 requirements in section 2B.5A.
31 22 DIVISION IV
31 23 STATE BUDGETING AND PERSONNEL
31 24 Sec. 58. Section 8.36A, subsection 2, Code 2009, is amended
31 25 to read as follows:
31 26 2. a. If a department or establishment has reached or
31 27 anticipates reaching the full=time equivalent position level
31 28 authorized for the department but determines that conversion
31 29 of a contract position to a full=time equivalent position
31 30 would result in cost savings while providing comparable or
31 31 better services, the department or establishment may request
31 32 the director of the department of management to approve the
31 33 conversion and addition of the full=time equivalent position.
31 34 The request shall be accompanied by evidence demonstrating how
31 35 the cost savings and service quality will be achieved through
32 1 the conversion. If approved by the director of the department
32 2 of management, the department's or establishment's authorized
32 3 full=time equivalent position level shall be increased
32 4 accordingly and the revised level shall be reported to the
32 5 fiscal committee of the legislative council and the legislative
32 6 services agency.
32 7 b. A department or establishment shall not convert a
32 8 full=time equivalent position authorized for the department
32 9 or establishment to a contract position and shall not use
32 10 appropriated moneys for such a contract position unless the
32 11 department or establishment receives approval from the director
32 12 of the department of management to convert the full=time
32 13 equivalent position to a contract position. The director of
32 14 the department of management shall not approve the conversion
32 15 unless the department or establishment submits sufficient
32 16 evidence that the conversion would result in cost savings while
32 17 providing comparable or better services.
32 18 Sec. 59. Section 8.62, subsection 2, Code Supplement 2009,
32 19 is amended to read as follows:
32 20 2. Notwithstanding the provisions of section 8.33 or any
32 21 other provision of law to the contrary, if on June 30 of a
32 22 fiscal year, a balance of an operational appropriation remains
32 23 unexpended or unencumbered, not more than fifty percent of
32 24 the balance may be encumbered by the agency to which the
32 25 appropriation was made and used as provided in this section and
32 26 the remaining balance shall be deposited in the cash reserve
32 27 fund created in section 8.56. Moneys encumbered under this
32 28 section shall only be used by the agency during the succeeding
32 29 fiscal year for internet=based employee training, technology
32 30 enhancement, or purchases of goods and services from Iowa
32 31 prison industries. Unused moneys encumbered under this section
32 32 shall be deposited in the cash reserve fund on June 30 of the
32 33 succeeding fiscal year.
32 34 Sec. 60. Section 8A.413, Code Supplement 2009, is amended by
32 35 adding the following new subsection:
33 1 NEW SUBSECTION. 24. For the development and operation of
33 2 programs to promote job sharing, telecommuting, and flex=time
33 3 opportunities for employment within the executive branch.
33 4 Sec. 61. COMMUNITY=BASED CORRECTIONS == STATE ACCOUNTING
33 5 SYSTEM. Each judicial district department of correctional
33 6 services shall utilize the state accounting system for purposes
33 7 of tracking both appropriations and expenditures. Each
33 8 judicial district department shall coordinate its accounting
33 9 activities with the department of management for purposes of
33 10 implementing the requirements of this section.
33 11 Sec. 62. STATE AGENCY EFFICIENCY EFFORTS.
33 12 1. LEAN EFFORTS. State agencies shall budget for and plan
33 13 to conduct lean events as described in section 8.70. Each
33 14 state agency shall coordinate its activities with the office
33 15 of lean enterprise created in section 8.70 in developing plans
33 16 to conduct lean events.
33 17 2. SHARED RESOURCES. State agencies are encouraged to
33 18 share resources and services, including staff, training, and
33 19 educational services, to the greatest extent possible in order
33 20 to best fulfill the duties of each agency at the least cost.
33 21 Sec. 63. CONTRACT SERVICES == TRAINING.
33 22 1. Each department, as defined in section 8.2, shall
33 23 separately track the budget and actual expenditures for
33 24 contract services and for employee training for each
33 25 appropriation line item.
33 26 2. The terms of the contracts for contracted services
33 27 entered into or revised during the fiscal year shall
33 28 incorporate quality assurance and cost control measures.
33 29 3. The employee training tracking information shall be
33 30 further divided into training categories. Each department's
33 31 report on training tracking shall specifically address the use
33 32 of electronically based training.
33 33 4. Each department shall report to the legislative services
33 34 agency on January 15 and July 15 of each year concerning
33 35 the budget, expenditure, quality assurance, and cost control
34 1 information addressed by this section for the previous six
34 2 calendar months.
34 3 Sec. 64. FULL=TIME EQUIVALENT POSITIONS == VACANCIES ==
34 4 FUNDING. For the fiscal year beginning July 1, 2010, and
34 5 ending June 30, 2011, the following shall apply:
34 6 1. If a full=time equivalent position authorized for a
34 7 department or establishment remains vacant for a period of
34 8 at least six months, the department's or establishment's
34 9 authorized full=time equivalent position level shall
34 10 be decreased accordingly. However, the department or
34 11 establishment may request the director of the department of
34 12 management to reauthorize the full=time equivalent position if
34 13 the department or establishment can establish that the position
34 14 is difficult to fill and is critical for fulfilling the duties
34 15 of the department or establishment.
34 16 2. Moneys appropriated to a department or establishment
34 17 and designated by the department or establishment in the
34 18 department's or establishment's adopted budget in the state
34 19 accounting system for full=time equivalent positions shall only
34 20 be used for full=time equivalent positions and shall not be
34 21 used for other purposes.
34 22 Sec. 65. JOINT APPROPRIATIONS SUBCOMMITTEES == REVIEW OF
34 23 AGENCY FEES. Each joint appropriations subcommittee of the
34 24 general assembly shall examine and review on an annual basis
34 25 the fees charged by state agencies under the purview of that
34 26 joint appropriations subcommittee.
34 27 DIVISION V
34 28 SPAN OF CONTROL
34 29 Sec. 66. Section 8A.402, subsection 2, paragraph g, Code
34 30 Supplement 2009, is amended to read as follows:
34 31 g. (1) (a) Consult with the department of management
34 32 and discuss and collaborate with executive branch agencies to
34 33 implement and maintain a policy for incrementally increasing
34 34 the aggregate ratio in the number of employees per
34 35 supervisor supervisory employee in executive branch agencies
35 1 to be fourteen employees for one supervisor. For purposes of
35 2 determining the effects of the policy on the state employee
35 3 workforce, the base date of July 1, 2008, shall be used and the
35 4 target date for full implementation shall be July 1, 2011 2016.
35 5 The target aggregate ratio of supervisory employees to other
35 6 employees shall be as follows:
35 7 (i) For the fiscal year beginning July 1, 2010, one to
35 8 fourteen.
35 9 (ii) For the fiscal year beginning July 1, 2011, one to
35 10 fifteen.
35 11 (iii) For the fiscal year beginning July 1, 2012, one to
35 12 sixteen.
35 13 (iv) For the fiscal year beginning July 1, 2013, one to
35 14 seventeen.
35 15 (v) For the fiscal year beginning July 1, 2014, one to
35 16 eighteen.
35 17 (vi) For the fiscal year beginning July 1, 2015, one to
35 18 nineteen.
35 19 (vii) For the fiscal year beginning July 1, 2016, one to
35 20 twenty.
35 21 (b) For the purposes of this paragraph "g", "supervisory
35 22 employee" means a public employee who is not a member of a
35 23 collective bargaining unit and who has authority, in the
35 24 interest of a public employer, to hire, transfer, suspend, lay
35 25 off, recall, promote, discharge, assign, reward, or discipline
35 26 other public employees, to direct such public employees, or
35 27 to adjust the grievances of such public employees, or to
35 28 effectively recommend any such action.
35 29 (c) In this paragraph "g", executive branch agencies shall
35 30 not grant a supervisory employee with the right to replace or
35 31 bump a junior employee not being laid off for a position for
35 32 which the supervisory employee is qualified.
35 33 (b) (d) The policy shall allow appropriation units
35 34 with twenty=eight or fewer full=time equivalent employee
35 35 positions to apply for an exception to the policy through the
36 1 executive council. The policy shall allow for exceptions
36 2 when the supervisory employee ratio is mandated by a federal
36 3 requirement.
36 4 (e) The policy shall provide that if layoffs are
36 5 implemented, the number of middle management position layoffs
36 6 shall correspond to the relative number of direct service
36 7 position layoffs.
36 8 (f) The policy shall improve on the system in effect as
36 9 of the base date by specifically defining and accounting for
36 10 supervisory employee span of control.
36 11 (c) (g) The department shall present an interim report
36 12 to the governor and general assembly on or before April 1,
36 13 2010, annual updates on or before April 1 subsequently, and a
36 14 final report on or before April 1, 2011 2017, detailing the
36 15 effects of the policy on the composition of the workforce, cost
36 16 savings, government efficiency, and outcomes.
36 17 (d) (h) The policy developed pursuant to this paragraph "g"
36 18 shall not encompass employees under the state board of regents,
36 19 the department of human services, or a judicial district
36 20 department of correctional services. However, the department
36 21 of administrative services shall work with the state board of
36 22 regents, the department of human services, and the judicial
36 23 district departments of correctional services to advance the
36 24 policy as a goal for the supervisory staff of these units of
36 25 state government.
36 26 (2) Evaluate the state's systems for job classification of
36 27 executive branch employees in order to ensure the existence
36 28 of technical skill=based career paths for such employees
36 29 which do not depend upon an employee gaining supervisory
36 30 responsibility for advancement, and which provide incentives
36 31 for such employees to broaden their knowledge and skill base.
36 32 The evaluation shall include but is not limited to a review
36 33 of the classifications for all noncontract positions and
36 34 providing options for eliminating obsolete, duplicative, or
36 35 unnecessary job classifications. The department shall present
37 1 interim reports to the general assembly on or before January
37 2 15, 2010, and January 14, 2011, concerning the department's
37 3 progress in completing the evaluation and associated outcomes. Sec. 67.
37 4 NEW SECTION. 262.9C Span of control policy.
37 5 1. The state board of regents shall develop and maintain a
37 6 policy regarding the aggregate ratio of the number of employees
37 7 per supervisory employee at each of the institutions under
37 8 the control of the board subject to the requirements of this
37 9 section.
37 10 2. The target span of control aggregate ratio of supervisory
37 11 employees to other employees shall be one to fifteen. The
37 12 target span of control ratio shall not apply to employees
37 13 involved with direct patient care, faculty, and employees in
37 14 other areas of the institutions that must maintain different
37 15 span of control ratios due to federal or state regulations.
37 16 3. For the purposes of this section, "supervisory employee"
37 17 means a public employee who is not a member of a collective
37 18 bargaining unit and who has authority, in the interest of a
37 19 public employer, to hire, transfer, suspend, lay off, recall,
37 20 promote, discharge, assign, reward, or discipline other public
37 21 employees, to direct such public employees, or to adjust
37 22 the grievances of such public employees, or to effectively
37 23 recommend any such action.
37 24 4. The policy shall allow departments within an institution
37 25 under the control of the state board of regents with
37 26 twenty=eight or fewer full=time equivalent employee positions
37 27 to be granted an exception to the policy by the board.
37 28 Departments applying for an exception shall file a statement of
37 29 need with the applicable institutional human resources office
37 30 and the office shall make a recommendation to the state board
37 31 of regents.
37 32 5. The state board of regents shall present an interim
37 33 report to the governor and general assembly on or before April
37 34 1, 2010, with annual updates detailing the effects of the
37 35 policy on the composition of the workforce, cost savings,
38 1 efficiencies, and outcomes. In addition, the report and
38 2 annual updates shall identify those departments within each
38 3 institution under the control of the board granted an exception
38 4 by the board to the policy as provided in this section.
38 5 Sec. 68. EFFECTIVE UPON ENACTMENT. This division of this
38 6 Act, being deemed of immediate importance, takes effect upon
38 7 enactment.
38 8 DIVISION VI
38 9 BOARD OF REGENTS == COOPERATIVE
38 10 PURCHASING Sec. 69.
38 11 NEW SECTION. 262.9B Cooperative purchasing.
38 12 1. Overview. The state board of regents for institutions
38 13 under its control shall coordinate interagency cooperation with
38 14 state agencies, as defined in section 8A.101, in the area of
38 15 purchasing and information technology with the goal of annually
38 16 increasing the amount of joint purchasing. The board and
38 17 the institutions under the control of the board shall engage
38 18 the department of administrative services and other state
38 19 agencies in pursuing mutually beneficial activities relating
38 20 to purchasing items and acquiring information technology. The
38 21 board and the institutions shall explore ways to leverage
38 22 resources, identify cost savings, implement efficiencies, and
38 23 improve effectiveness without compromising the mission of the
38 24 board and the institutions under the control of the board
38 25 relative to students and research commitments.
38 26 2. Purchasing.
38 27 a. The board shall direct the institutions under its control
38 28 to cooperate with the department of administrative services and
38 29 other state agencies in efforts to collaboratively purchase
38 30 goods and services that result in mutual cost savings and
38 31 efficiency improvements.
38 32 b. The board and the institutions under its control shall
38 33 assist the department of administrative services by doing the
38 34 following:
38 35 (1) Identifying best practices that produce cost savings
39 1 and improve state government processes.
39 2 (2) Exploring joint purchases of general use items that
39 3 result in mutual procurement of quality goods and services at
39 4 the lowest reasonable cost.
39 5 (3) Exploring flexibility, administrative relief, and
39 6 transformational changes through procurement technology.
39 7 c. The board shall convene at least quarterly an interagency
39 8 purchasing group meeting including the institutions under
39 9 its control, the department of administrative services, the
39 10 department of transportation, and any other state agency, for
39 11 the purposes of timely cooperation in purchasing goods and
39 12 services and for the identification of practical measures that
39 13 improve state agency performance of programs and operations,
39 14 reduce total costs of state government operations, increase
39 15 productivity, improve services and make state government more
39 16 responsive and accountable to the public.
39 17 3. Information technology.
39 18 a. The board shall direct institutions under its control
39 19 to cooperate with the chief information officer of the state
39 20 in efforts to cooperatively obtain information technology
39 21 and related services that result in mutual cost savings and
39 22 efficiency improvements.
39 23 b. The board shall convene at least quarterly an interagency
39 24 information technology group meeting including the institutions
39 25 under its control, the state chief information officer and any
39 26 other agency, for purposes of timely cooperation in obtaining
39 27 information technology and related services.
39 28 4. Cooperative purchasing plan. The board shall, before
39 29 July 1, of each year, prepare a plan that identifies specific
39 30 areas of cooperation between the institutions under its
39 31 control, the department of administrative services, and the
39 32 chief information officer of the state, that will be addressed
39 33 for the next fiscal year including timelines for implementing,
39 34 analyzing, and evaluating each of the areas of cooperation.
39 35 The plan shall also identify the potential for greater
40 1 interinstitutional cooperation in areas that would result in a
40 2 net cost savings.
40 3 5. Report. The board shall, on or before November 1, submit
40 4 a report to the general assembly and the governor providing
40 5 information on the cooperative purchasing plan prepared
40 6 for that fiscal year by the board and on the results of the
40 7 quarterly interagency meetings, including the specific cost
40 8 savings or efficiency gains that have resulted from utilization
40 9 of cooperative efforts and the implementation of identified
40 10 best practices.
40 11 DIVISION VII
40 12 DEPARTMENT OF ADMINISTRATIVE SERVICES == PURCHASING
40 13 Sec. 70. Section 8A.302, subsection 1, Code 2009, is amended
40 14 to read as follows:
40 15 1. Providing a system of uniform standards and
40 16 specifications for purchasing. When the system is developed,
40 17 all items of general use shall be purchased by state
40 18 agencies through the department, except items used by
40 19 the state department of transportation, board of regents
40 20 and institutions under the control of the state board of
40 21 regents,. However, the department may authorize the department
40 22 of transportation, the department for the blind, and any other
40 23 agencies otherwise exempted by law from centralized purchasing,
40 24 to directly purchase items used by those agencies without going
40 25 through the department, if the department of administrative
40 26 services determines such purchasing is in the best interests
40 27 of the state. However, items of general use may be purchased
40 28 through the department by any governmental entity.
40 29 Sec. 71. Section 8A.311, subsection 10, paragraph a, Code
40 30 2009, is amended to read as follows:
40 31 a. The director shall adopt rules providing that any state
40 32 agency may, upon request and approval by the department,
40 33 purchase directly from a vendor if the direct purchasing is
40 34 as economical or more economical than purchasing through the
40 35 department, or upon a showing if the agency shows that direct
41 1 purchasing by the state agency would be in the best interests
41 2 of the state due to an immediate or emergency need. The rules
41 3 shall include a provision permitting a state agency to purchase
41 4 directly from a vendor, on the agency's own authority, or if
41 5 the purchase will not exceed ten thousand dollars and the
41 6 purchase will would contribute to the agency complying with or
41 7 exceeding the targeted small business procurement goals under
41 8 sections 73.15 through 73.21.
41 9 Sec. 72. NEW SECTION. 8A.311A Centralized purchasing.
41 10 1. The department may designate goods and services of
41 11 general use that agencies shall, and governmental subdivisions
41 12 may, purchase pursuant to a master contract established by the
41 13 department for that good or service. The department shall
41 14 establish a master contract subject to the requirements of
41 15 this section if the department determines that a high=quality
41 16 good or service can be acquired by agencies and governmental
41 17 subdivisions at lower cost through the establishment of a
41 18 master contract.
41 19 2. The department shall establish a master contract
41 20 pursuant to this section on a competitive basis, and the
41 21 purchase of a good or service pursuant to the contract shall be
41 22 deemed to satisfy any otherwise applicable competitive bidding
41 23 requirements.
41 24 3. Upon the establishment of a master contract for a good or
41 25 service pursuant to this section, an agency shall purchase the
41 26 good or service pursuant to the contract, and shall not expend
41 27 money to purchase the good or service directly from a vendor
41 28 and not through the contract, unless any of the following
41 29 applies:
41 30 a. The department determines, upon a request by the agency,
41 31 that the agency can satisfy the requirements for purchase of
41 32 the good or service directly from a vendor as provided in
41 33 section 8A.311, subsection 10, paragraph "a".
41 34 b. The agency is purchasing the good or service pursuant
41 35 to another contract in effect on the effective date of the
42 1 master contract. However, the agency shall terminate the
42 2 other contract if the contract permits the termination of the
42 3 contract without penalty and the agency shall not renew the
42 4 other contract beyond the current term of the other contract.
42 5 Sec. 73. Section 8A.312, Code 2009, is amended to read as
42 6 follows:
42 7 8A.312 Cooperative purchasing.
42 8 The director may purchase items through the state department
42 9 of transportation, institutions under the control of the state
42 10 board of regents, and any other agency specifically exempted
42 11 by law from centralized purchasing as well as from other
42 12 interstate and intergovernmental entities. These state
42 13 agencies shall upon request furnish the director with a list
42 14 of and specifications for all items of office equipment,
42 15 furniture, fixtures, motor vehicles, heavy equipment, and other
42 16 related items to be purchased during the next quarter and
42 17 the date by which the director must file with the agency the
42 18 quantity of items to be purchased by the state agency for the
42 19 department. The department shall collaborate and cooperate
42 20 with the state board of regents and institutions under the
42 21 control of the state board of regents, as provided in section
42 22 262.9B, and any other state agency exempt from centralized
42 23 purchasing to explore joint purchases of general use items that
42 24 present opportunities to obtain quality goods and services
42 25 at the lowest reasonable cost.The department shall be liable
42 26 to the state agency for the proportionate costs the items
42 27 purchased for the department bear to the total purchase price.
42 28 When items purchased have been delivered, the state agency
42 29 shall notify the director and after receipt of the purchase
42 30 price shall release the items to the director or upon the
42 31 director's order.
42 32 Sec. 74. Section 307.21, subsection 1, paragraph d, Code
42 33 Supplement 2009, is amended to read as follows:
42 34 d. Provide centralized purchasing services for the
42 35 department, in cooperation with if authorized by the department
43 1 of administrative services. The administrator shall, when
43 2 the price is reasonably competitive and the quality as
43 3 intended, purchase soybean=based inks and plastic products with
43 4 recycled content, including but not limited to plastic garbage
43 5 can liners, and shall purchase these items in accordance
43 6 with the schedule established in section 8A.315. However,
43 7 the administrator need not purchase garbage can liners in
43 8 accordance with the schedule if the liners are utilized by a
43 9 facility approved by the environmental protection commission
43 10 created under section 455A.6, for purposes of recycling. For
43 11 purposes of this section, "recycled content" means that the
43 12 content of the product contains a minimum of thirty percent
43 13 postconsumer material.
43 14 Sec. 75. STATE GOVERNMENT PURCHASING EFFORTS == DEPARTMENT
43 15 OF ADMINISTRATIVE SERVICES. In order to facilitate efficient
43 16 and cost=effective purchasing, the department of administrative
43 17 services shall do the following:
43 18 1. Require state agencies to provide the department a report
43 19 regarding planned purchases on an annual basis and to report
43 20 on an annual basis regarding efforts to standardize products
43 21 and services within their own agencies and with other state
43 22 agencies.
43 23 2. Require state employees who conduct bids for services to
43 24 receive training on an annual basis about procurement rules and
43 25 regulations and procurement best practices.
43 26 3. Identify procurement compliance employees within the
43 27 department.
43 28 4. Review the process and basis for establishing
43 29 departmental fees for purchasing.
43 30 5. Establish a work group to collaborate on best practices
43 31 to implement the best cost savings for the state concerning
43 32 purchasing.
43 33 6. Explore interstate and intergovernmental purchasing
43 34 opportunities and encourage the legislative and judicial
43 35 branches to participate in consolidated purchasing and
44 1 efficiencies wherever possible.
44 2 7. Expand the use of procurement cards throughout state
44 3 government to facilitate purchasing of items by state agencies.
44 4 DIVISION VIII
44 5 DEPARTMENT OF ADMINISTRATIVE SERVICES == OPERATIONS
44 6 Sec. 76. Section 8A.104, Code 2009, is amended by adding the
44 7 following new subsection:
44 8 NEW SUBSECTION. 12A. Examine and develop best practices
44 9 for the efficient operation of government and encourage state
44 10 agencies to adopt and implement these practices.
44 11 Sec. 77. NEW SECTION. 8A.459 State employee pay and
44 12 allowances == electronic funds transfer.
44 13 Effective July 1, 2011, notwithstanding any provision of
44 14 law to the contrary, all pay and allowances to state employees
44 15 shall be paid via electronic funds transfer, unless otherwise
44 16 provided pursuant to a collective bargaining agreement. A
44 17 state employee may elect to receive pay and allowances as
44 18 paper warrants in lieu of electronic funds transfers, but the
44 19 department shall charge an administrative fee for processing
44 20 such paper warrants. However, the department may, for good
44 21 cause shown, waive the administrative fee. The fee may be
44 22 automatically deducted from the state employee's pay and
44 23 allowances before the warrant is issued to the state employee.
44 24 Sec. 78. DEPARTMENT OF ADMINISTRATIVE SERVICES ==
44 25 STREAMLINED HIRING. The department of administrative services
44 26 shall, in consultation with the department of management,
44 27 examine the process by which state agencies hire personnel
44 28 with the goal of simplifying and reducing the steps needed
44 29 for state agencies to hire personnel. The department shall
44 30 provide information to the general assembly concerning steps
44 31 taken to implement a more streamlined hiring process and any
44 32 recommendations for legislative action.
44 33 Sec. 79. DEPARTMENT OF ADMINISTRATIVE SERVICES == REAL
44 34 ESTATE AND LEASE MANAGEMENT.
44 35 1. REAL ESTATE AUDIT. The department of administrative
45 1 services shall complete an inventory of surplus and unused
45 2 state properties, including properties owned or under the
45 3 control of the department of transportation, and recommend
45 4 which assets could be sold at a premium price. State historic
45 5 buildings would not be eligible for sale and only those assets
45 6 identified as being surplus and no longer related to their
45 7 mission would be eligible for sale.
45 8 2. LEASE AUDIT. The department of administrative services
45 9 shall conduct a thorough review of all state office leases
45 10 and wherever possible, require state agencies to consolidate
45 11 office spaces that are rented from private sector landlords.
45 12 In addition, the department should work directly with all state
45 13 agencies to begin renegotiating office leases to obtain more
45 14 favorable lease terms.
45 15 3. SALE AND LEASEBACK OF STATE OFFICE BUILDING ASSETS. The
45 16 department of administrative services shall explore potential
45 17 opportunities for state agencies to sell some properties to a
45 18 private sector owner and then lease them back.
45 19 4. REPORT. The department shall submit a report to
45 20 the general assembly by January 1, 2011, concerning the
45 21 requirements of this section. The report shall, if applicable,
45 22 identify any statutory barriers for pursuing efforts described
45 23 in this section and shall include in the report its findings
45 24 and any recommendations for legislative action. Sec. 80.
45 25 STATE BOARD OF REGENTS == REAL ESTATE AUDIT. The
45 26 state board of regents shall complete an inventory of real
45 27 estate property owned or leased by the state board of regents
45 28 and institutions under the control of the state board of
45 29 regents, including information regarding the current and
45 30 intended use of the property. The board shall submit a report
45 31 to the general assembly and governor by January 1, 2011,
45 32 detailing the real estate property owned or leased by the state
45 33 board of regents and institutions under the control of the
45 34 state board of regents.
45 35 Sec. 81. DEPARTMENT OF ADMINISTRATIVE SERVICES ==
46 1 SALE OF REAL PROPERTY.
46 2 1. During the fiscal year beginning July 1, 2010, and ending
46 3 June 30, 2011, the department of administrative services,
46 4 in collaboration with the department of human services
46 5 and the department of corrections, shall identify and sell
46 6 real property under the control of the departments that is
46 7 not necessary to further the mission of the department of
46 8 human services and the department of corrections and that
46 9 will maximize the return to the state. Notwithstanding any
46 10 provision of law to the contrary, moneys received for the sale
46 11 of property pursuant to this subsection shall be deposited in
46 12 the general fund of the state.
46 13 2. During the fiscal year beginning July 1, 2010, and
46 14 ending June 30, 2011, the department of administrative services
46 15 shall, pursuant to the real estate and lease management review
46 16 conducted by the department as provided in this Act, identify
46 17 and sell or sell and lease back real property under the control
46 18 of the department that will maximize the return to the state.
46 19 Notwithstanding any provision of law to the contrary, moneys
46 20 received for the sale of property pursuant to this subsection
46 21 shall be deposited in the general fund of the state.
46 22 DIVISION iX
46 23 ALCOHOLIC BEVERAGES DIVISION == REORGANIZATION
46 24 Sec. 82. Section 22.7, subsection 24, Code Supplement 2009,
46 25 is amended to read as follows:
46 26 24. Records of purchases of alcoholic liquor from
46 27 the alcoholic beverages division of the department of
46 28 commerce revenue which would reveal purchases made by an
46 29 individual class "E" liquor control licensee. However, the
46 30 records may be revealed for law enforcement purposes or for the
46 31 collection of payments due the division pursuant to section
46 32 123.24.
46 33 Sec. 83. Section 123.3, subsection 14, Code 2009, is amended
46 34 to read as follows:
46 35 14. "Division" means the alcoholic beverages division of the
47 1 department of commerce revenue established by this chapter.
47 2 Sec. 84. Section 123.4, Code 2009, is amended to read as
47 3 follows:
47 4 123.4 Alcoholic beverages division created.
47 5 An alcoholic beverages division is created within the
47 6 department of commerce revenue to administer and enforce the
47 7 laws of this state concerning beer, wine, and alcoholic liquor.
47 8 Sec. 85. Section 123.14, subsection 2, Code 2009, is amended
47 9 to read as follows:
47 10 2. The county attorney, the county sheriff and the
47 11 sheriff's deputies, and the police department of every city,
47 12 and the alcoholic beverages division of the department of
47 13 commerce revenue, shall be supplementary aids to the department
47 14 of public safety. Any neglect, misfeasance, or malfeasance
47 15 shown by any peace officer included in this section shall be
47 16 sufficient cause for the peace officer's removal as provided by
47 17 law. This section shall not be construed to affect the duties
47 18 and responsibilities of any county attorney or peace officer
47 19 with respect to law enforcement.
47 20 Sec. 86. Section 123.53, subsections 4, 5, and 6, Code
47 21 Supplement 2009, are amended to read as follows:
47 22 4. The treasurer of state shall, each quarter, prepare
47 23 an estimate of the gaming revenues and of the moneys to be
47 24 deposited in the beer and liquor control fund that will become
47 25 available during the remainder of the appropriate fiscal year
47 26 for the purposes described in subsection 3. The department of
47 27 management, the department of inspections and appeals, and the
47 28 department of commerce revenue shall take appropriate actions
47 29 to provide that the sum of the amount of gaming revenues
47 30 available to be deposited into the revenue bonds debt service
47 31 fund during a fiscal year and the amount of moneys to be
47 32 deposited in the beer and liquor control fund available to
47 33 be deposited into the revenue bonds debt service fund during
47 34 such fiscal year will be sufficient to cover any anticipated
47 35 deficiencies.
48 1 5. After any transfer provided for in subsection 3 is
48 2 made, the department of commerce revenue shall transfer into a
48 3 special revenue account in the general fund of the state, a sum
48 4 of money at least equal to seven percent of the gross amount
48 5 of sales made by the division from the beer and liquor control
48 6 fund on a monthly basis but not less than nine million dollars
48 7 annually. Of the amounts transferred, two million dollars,
48 8 plus an additional amount determined by the general assembly,
48 9 shall be appropriated to the Iowa department of public health
48 10 for use by the staff who administer the comprehensive substance
48 11 abuse program under chapter 125 for substance abuse treatment
48 12 and prevention programs. Any amounts received in excess of the
48 13 amounts appropriated to the Iowa department of public health
48 14 for use by the staff who administer the comprehensive substance
48 15 abuse program under chapter 125 shall be considered part of the
48 16 general fund balance.
48 17 6. After any transfers provided for in subsections 3 and
48 18 5, the department of commerce revenue shall transfer to the
48 19 division from the beer and liquor control fund and before any
48 20 other transfer to the general fund, an amount sufficient to pay
48 21 the costs incurred by the division for collecting and properly
48 22 disposing of the liquor containers.
48 23 Sec. 87. Section 142A.3, subsection 5, paragraph e, Code
48 24 Supplement 2009, is amended to read as follows:
48 25 e. The alcoholic beverages division of the department of
48 26 commerce revenue.
48 27 Sec. 88. Section 142A.4, subsection 14, Code Supplement
48 28 2009, is amended to read as follows:
48 29 14. Approve contracts entered into with the alcoholic
48 30 beverages division of the department of commerce revenue, to
48 31 provide for enforcement of tobacco laws and regulations.
48 32 Sec. 89. Section 142A.5, subsection 1, paragraph e, Code
48 33 2009, is amended to read as follows:
48 34 e. Enter into contracts with the alcoholic beverages
48 35 division of the department of commerce revenue, to provide
49 1 enforcement of tobacco laws and regulations. Such contracts
49 2 shall require that enforcement efforts include training of
49 3 local authorities who issue retailer permits and education of
49 4 retailers.
49 5 Sec. 90. Section 321.19, subsection 1, unnumbered paragraph
49 6 2, Code 2009, is amended to read as follows:
49 7 The department shall furnish, on application, free of
49 8 charge, distinguishing plates for vehicles thus exempted,
49 9 which plates except plates on state patrol vehicles shall bear
49 10 the word "official" and the department shall keep a separate
49 11 record. Registration plates issued for state patrol vehicles,
49 12 except unmarked patrol vehicles, shall bear two red stars
49 13 on a yellow background, one before and one following the
49 14 registration number on the plate, which registration number
49 15 shall be the officer's badge number. Registration plates
49 16 issued for county sheriff's patrol vehicles shall display one
49 17 seven=pointed gold star followed by the letter "S" and the call
49 18 number of the vehicle. However, the director of the department
49 19 of administrative services or the director of transportation
49 20 may order the issuance of regular registration plates for any
49 21 exempted vehicle used by peace officers in the enforcement
49 22 of the law, persons enforcing chapter 124 and other laws
49 23 relating to controlled substances, persons in the department of
49 24 justice, the alcoholic beverages division of the department of
49 25 commerce revenue, disease investigators of the Iowa department
49 26 of public health, the department of inspections and appeals,
49 27 and the department of revenue, who are regularly assigned to
49 28 conduct investigations which cannot reasonably be conducted
49 29 with a vehicle displaying "official" state registration plates,
49 30 persons in the Iowa lottery authority whose regularly assigned
49 31 duties relating to security or the carrying of lottery tickets
49 32 cannot reasonably be conducted with a vehicle displaying
49 33 "official" registration plates, persons in the department of
49 34 economic development who are regularly assigned duties relating
49 35 to existing industry expansion or business attraction, and
50 1 mental health professionals or health care professionals who
50 2 provide off=site or in=home medical or mental health services
50 3 to clients of publicly funded programs. For purposes of sale
50 4 of exempted vehicles, the exempted governmental body, upon the
50 5 sale of the exempted vehicle, may issue for in=transit purposes
50 6 a pasteboard card bearing the words "Vehicle in Transit", the
50 7 name of the official body from which the vehicle was purchased,
50 8 together with the date of the purchase plainly marked in at
50 9 least one=inch letters, and other information required by the
50 10 department. The in=transit card is valid for use only within
50 11 forty=eight hours after the purchase date as indicated on the
50 12 bill of sale which shall be carried by the driver.
50 13 Sec. 91. Section 453A.2, subsection 7, Code 2009, is amended
50 14 to read as follows:
50 15 7. A tobacco compliance employee training fund is created in
50 16 the office of the treasurer of state. The fund shall consist
50 17 of civil penalties assessed by the Iowa department of public
50 18 health under section 453A.22 for violations of this section.
50 19 Moneys in the fund are appropriated to the alcoholic beverages
50 20 division of the department of commerce revenue and shall be
50 21 used to develop and administer the tobacco compliance employee
50 22 training program under section 453A.5. Moneys deposited in the
50 23 fund shall not be transferred, used, obligated, appropriated,
50 24 or otherwise encumbered except as provided in this subsection.
50 25 Notwithstanding section 8.33, any unexpended balance in the
50 26 fund at the end of the fiscal year shall be retained in the
50 27 fund.
50 28 Sec. 92. Section 453A.5, subsection 1, Code 2009, is amended
50 29 to read as follows:
50 30 1. The alcoholic beverages division of the department of
50 31 commerce revenue shall develop a tobacco compliance employee
50 32 training program not to exceed two hours in length for
50 33 employees and prospective employees of retailers, as defined
50 34 in sections 453A.1 and 453A.42, to inform the employees about
50 35 state and federal laws and regulations regarding the sale of
51 1 cigarettes and tobacco products to persons under eighteen years
51 2 of age and compliance with and the importance of laws regarding
51 3 the sale of cigarettes and tobacco products to persons under
51 4 eighteen years of age.
51 5 Sec. 93. Section 455C.3, subsections 2 and 5, Code 2009, are
51 6 amended to read as follows:
51 7 2. A distributor shall accept and pick up from a dealer
51 8 served by the distributor or a redemption center for a
51 9 dealer served by the distributor at least weekly, or when the
51 10 distributor delivers the beverage product if deliveries are
51 11 less frequent than weekly, any empty beverage container of the
51 12 kind, size and brand sold by the distributor, and shall pay to
51 13 the dealer or person operating a redemption center the refund
51 14 value of a beverage container and the reimbursement as provided
51 15 under section 455C.2 within one week following pickup of the
51 16 containers or when the dealer or redemption center normally
51 17 pays the distributor for the deposit on beverage products
51 18 purchased from the distributor if less frequent than weekly.
51 19 A distributor or employee or agent of a distributor is not in
51 20 violation of this subsection if a redemption center is closed
51 21 when the distributor attempts to make a regular delivery or a
51 22 regular pickup of empty beverage containers. This subsection
51 23 does not apply to a distributor selling alcoholic liquor
51 24 to the alcoholic beverages division of the department of
51 25 commerce revenue.
51 26 5. The alcoholic beverages division of the department
51 27 of commerce revenue shall provide for the disposal of empty
51 28 beverage containers as required under subsection 2. The
51 29 division shall give priority consideration to the recycling
51 30 of the empty beverage containers to the extent possible,
51 31 before any other appropriate disposal method is considered or
51 32 implemented.
51 33 Sec. 94. Section 546.2, subsection 3, paragraph e, Code
51 34 2009, is amended by striking the paragraph.
51 35 Sec. 95. NEW SECTION. 421.2A Alcoholic beverages division.
52 1 An alcoholic beverages division is created within the
52 2 department of revenue. The alcoholic beverages division shall
52 3 enforce and implement chapter 123. The division is headed by
52 4 the administrator of alcoholic beverages who shall be appointed
52 5 pursuant to section 123.10. The alcoholic beverages commission
52 6 shall perform duties within the division pursuant to chapter
52 7 123.
52 8 Sec. 96. REPEAL. Section 546.9, Code 2009, is repealed.
52 9 Sec. 97. ALCOHOLIC BEVERAGES DIVISION == TRANSITION
52 10 PROVISIONS.
52 11 1. In regard to updating references and format in the
52 12 Iowa administrative code in order to correspond to the
52 13 transferring of the division from the department of commerce
52 14 to the department of revenue as established by this division
52 15 of this Act, the administrative rules coordinator and the
52 16 administrative rules review committee, in consultation with the
52 17 administrative code editor, shall jointly develop a schedule
52 18 for the necessary updating of the Iowa administrative code.
52 19 2. Any replacement of signs, logos, stationery, insignia,
52 20 uniforms, and related items that is made due to the effect of
52 21 this division of this Act should be done as part of the normal
52 22 replacement cycle for such items.
52 23 DIVISION X
52 24 ALCOHOLIC BEVERAGES DIVISION == OPERATIONS
52 25 Sec. 98. ALCOHOLIC BEVERAGES DIVISION == STATE WAREHOUSE
52 26 FRIDAY CLOSURE. For the fiscal period beginning July 1, 2010,
52 27 and ending June 30, 2015, the administrator of the alcoholic
52 28 beverages division of the department of commerce as created
52 29 in chapter 123, shall, pursuant to the authority provided in
52 30 section 123.21, close the main state warehouse every Friday.
52 31 However, the administrator may keep the warehouse open on
52 32 designated Fridays if the administrator determines that
52 33 anticipated sales on that Friday justify keeping the state
52 34 warehouse open. The administrator may extend the closure
52 35 authorized pursuant to this section to the succeeding fiscal
53 1 year. The administrator shall submit a report to the general
53 2 assembly by January 1, 2015, concerning its recommendation
53 3 regarding extending the requirements of this section.
53 4 Sec. 99. TOBACCO RETAIL COMPLIANCE CHECKS. The terms
53 5 of a chapter 28D agreement entered into between the division
53 6 of tobacco use prevention and control of the Iowa department
53 7 of public health and the alcoholic beverages division of the
53 8 department of commerce, governing compliance checks conducted
53 9 to ensure licensed retail tobacco outlet conformity with
53 10 tobacco laws, regulations, and ordinances relating to persons
53 11 under eighteen years of age, shall restrict the number of such
53 12 checks to one check per retail outlet, and one additional check
53 13 for any retail outlet found to be in violation during the first
53 14 check, for the fiscal year beginning July 1, 2010, and ending
53 15 June 30, 2011.
53 16 DIVISION XI
53 17 ALCOHOLIC BEVERAGES DIVISION == DIRECT SHIPMENT OF WINE
53 18 Sec. 100. Section 123.173, subsection 1, Code 2009, is
53 19 amended to read as follows:
53 20 1. Permits Except as provided in section 123.187,
53 21 permits exclusively for the sale or manufacture and sale of
53 22 wine shall be divided into four classes, and shall be known as
53 23 class "A", "B", "B" native, or "C" native wine permits.
53 24 Sec. 101. Section 123.187, Code 2009, is amended by striking
53 25 the section and inserting in lieu thereof the following:
53 26 123.187 Direct shipment of wine == licenses and requirements.
53 27 1. A wine manufacturer licensed or permitted pursuant to
53 28 laws regulating alcoholic beverages in another state may apply
53 29 for a wine direct shipper license, as provided in this section.
53 30 2. a. The administrator shall issue a wine direct
53 31 shipper license to a wine manufacturer who submits a written
53 32 application for the license on a form to be established by
53 33 the administrator by rule, accompanied by a true copy of the
53 34 manufacturer's current alcoholic beverage license or permit
53 35 issued in another state, and a copy of the manufacturer's
54 1 winery license issued by the federal alcohol and tobacco tax
54 2 and trade bureau.
54 3 b. An application submitted pursuant to paragraph "a" shall
54 4 be accompanied by a license fee in the amount of twenty=five
54 5 dollars.
54 6 c. A license issued pursuant to this section may be renewed
54 7 annually by resubmitting the information required in paragraph
54 8 "a", accompanied by the twenty=five dollar license fee.
54 9 3. The direct shipment of wine pursuant to this
54 10 section shall be subject to the following requirements and
54 11 restrictions:
54 12 a. No more than eighteen liters of wine per month may be
54 13 shipped by a wine direct shipper licensee to a resident of
54 14 this state who is at least twenty=one years of age, for the
54 15 resident's personal use and not for resale.
54 16 b. Wine subject to direct shipping shall be properly
54 17 registered with the federal alcohol and tobacco tax and trade
54 18 bureau, and manufactured on the winery premises of the wine
54 19 direct shipper licensee.
54 20 c. All containers of wine shipped directly to a resident
54 21 of this state shall be conspicuously labeled with the words
54 22 CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED
54 23 FOR DELIVERY or shall be conspicuously labeled with alternative
54 24 wording preapproved by the administrator.
54 25 d. All containers of wine shipped directly to a resident of
54 26 this state shall be shipped by an alcohol carrier licensed as
54 27 provided in subsection 6.
54 28 4. a. In addition to the annual license fee, a wine
54 29 direct shipper licensee shall remit to the division an amount
54 30 equivalent to the wine gallonage tax at the rate specified in
54 31 section 123.183 for deposit in the beer and liquor control fund
54 32 created in section 123.53. The amount shall be remitted at
54 33 the same time and in the same manner as provided in section
54 34 123.184, and the ten percent penalty specified therein shall
54 35 be applicable.
55 1 b. Shipment of wine pursuant to this subsection is not
55 2 subject to sales tax under section 423.2, use tax under
55 3 section 423.5, and does not require a refund value for beverage
55 4 container control purposes under chapter 455C.
55 5 5. A wine direct shipper licensee shall be deemed to
55 6 have consented to the jurisdiction of the division or any
55 7 other agency or court in this state concerning enforcement
55 8 of this section and any related laws, rules, or regulations.
55 9 A licensee shall permit the division to perform an audit of
55 10 shipping records upon request.
55 11 6. a. Wine subject to direct shipment pursuant to this
55 12 section shall be delivered only by a carrier having obtained
55 13 from the division an alcohol carrier license. An alcohol
55 14 carrier license shall be issued subject to requirements,
55 15 fees, and upon application forms to be determined by the
55 16 administrator by rule.
55 17 b. An alcohol carrier licensee shall not deliver wine to
55 18 any person under twenty=one years of age, or to any person
55 19 who either is or appears to be in an intoxicated state or
55 20 condition. A licensee shall obtain valid proof of identity and
55 21 age prior to delivery, and shall obtain the signature of an
55 22 adult as a condition of delivery.
55 23 c. An alcohol carrier licensee shall maintain records of
55 24 wine shipped which include the license number and name of the
55 25 wine manufacturer, quantity of wine shipped, recipient's name
55 26 and address, and an electronic or paper form of signature from
55 27 the recipient of the wine.
55 28 7. The holder of a permit for the sale or manufacture and
55 29 sale of wine listed in section 123.173, subsection 1, shall be
55 30 authorized under that permit and without any other licensing
55 31 requirement to ship out of this state by private common
55 32 carrier, to a person twenty=one years of age or older, not more
55 33 than eighteen liters of wine per month, for consumption or use
55 34 by the person.
55 35 8. A violation of this section shall subject a licensee to
56 1 the penalty provisions of section 123.39.
56 2 DIVISION XII
56 3 DEPARTMENT OF HUMAN RIGHTS == REORGANIZATION
56 4 Sec. 102. Section 216A.1, Code 2009, is amended to read as
56 5 follows:
56 6 216A.1 Department of human rights == purpose.
56 7 1. A department of human rights is created, with the
56 8 following divisions and offices:
56 9 a. Division of community advocacy and services, with the
56 10 following offices:
56 11 1. (1) Division Office of Latino affairs.
56 12 2. (2) Division Office on the status of women.
56 13 3. (3) Division Office of persons with disabilities.
56 14 4. Division of community action agencies.
56 15 5. (4) Division Office of deaf services.
56 16 6. Division of criminal and juvenile justice planning.
56 17 7. (5) Division Office on the status of
56 18 African=Americans African Americans.
56 19 8. (6) Division on the status of Iowans Office of Asian and
56 20 Pacific Islander heritage affairs.
56 21 9. (7) Division on Office of Native American affairs.
56 22 b. Division of community action agencies.
56 23 c. Division of criminal and juvenile justice planning.
56 24 2. The purpose of the department is to ensure basic
56 25 rights, freedoms, and opportunities for all by empowering
56 26 underrepresented Iowans and eliminating economic, social, and
56 27 cultural barriers.
56 28 Sec. 103. Section 216A.2, Code 2009, is amended by striking
56 29 the section and inserting in lieu thereof the following:
56 30 216A.2 Appointment of department director, deputy director,
56 31 and administrators == duties.
56 32 1. The governor shall appoint a director of the department
56 33 of human rights, subject to confirmation by the senate pursuant
56 34 to section 2.32. The department director shall serve at the
56 35 pleasure of the governor and is exempt from the merit system
57 1 provisions of chapter 8A, subchapter IV. The governor shall
57 2 set the salary of the department director within the ranges set
57 3 by the general assembly.
57 4 2. The director is the chief administrative officer of
57 5 the department and in that capacity administers the programs
57 6 and services of the department in compliance with applicable
57 7 federal and state laws and regulations. The duties of the
57 8 director include preparing a budget, establishing an internal
57 9 administrative structure, and employing personnel.
57 10 3. The department director shall appoint the administrators
57 11 of the divisions within the department and all other personnel
57 12 deemed necessary for the administration of this chapter.
57 13 The department director shall establish the duties of the
57 14 administrators of the divisions within the department.
57 15 4. The department director shall do all of the following:
57 16 a. Manage the internal operations of the department and
57 17 establish guidelines and procedures to promote the orderly and
57 18 efficient administration of the department.
57 19 b. Prepare a budget for the department, subject to the
57 20 budget requirements pursuant to chapter 8, for approval by the
57 21 board.
57 22 c. Coordinate and supervise personnel services and shared
57 23 administrative support services to assure maximum support and
57 24 assistance to the divisions.
57 25 d. Serve as an ex officio member of all commissions or
57 26 councils within the department.
57 27 e. Serve as an ex officio, nonvoting member of the human
57 28 rights board.
57 29 f. Solicit and accept gifts and grants on behalf of the
57 30 department and each commission or council and administer such
57 31 gifts and grants in accordance with the terms thereof.
57 32 g. Enter into contracts with public and private individuals
57 33 and entities to conduct the business and achieve the objectives
57 34 of the department and each commission or council.
57 35 h. Issue an annual report to the governor and general
58 1 assembly no later than November 1 of each year concerning
58 2 the operations of the department. However, the division of
58 3 criminal and juvenile justice planning and the division of
58 4 community action agencies shall submit annual reports as
58 5 specified in this chapter.
58 6 i. Seek to implement the comprehensive strategic plan
58 7 approved by the board under section 216A.3.
58 8 Sec. 104. Section 216A.3, Code 2009, is amended by striking
58 9 the section and inserting in lieu thereof the following:
58 10 216A.3 Human rights board.
58 11 1. A human rights board is created within the department of
58 12 human rights.
58 13 2. The board shall consist of fourteen members, including
58 14 nine voting members and five nonvoting members and determined
58 15 as follows:
58 16 a. The voting members shall consist of nine voting members
58 17 selected by each of the permanent commissions within the
58 18 department, and two voting members, appointed by the governor.
58 19 For purposes of this paragraph "a", "permanent commissions"
58 20 means the commission of Latino affairs, commission on the
58 21 status of women, commission of persons with disabilities,
58 22 commission on community action agencies, commission of deaf
58 23 services, criminal and juvenile justice planning advisory
58 24 council, commission on the status of African Americans,
58 25 commission of Asian and Pacific Islander affairs, and
58 26 commission of Native American affairs.
58 27 b. The nonvoting members shall consist of the department
58 28 director, two state representatives, one appointed by the
58 29 speaker of the house of representatives and one by the minority
58 30 leader of the house of representatives, and two state senators,
58 31 one appointed by the majority leader of the senate and one by
58 32 the minority leader of the senate.
58 33 3. A majority of the members of the board shall constitute
58 34 a quorum, and the affirmative vote of two=thirds of the voting
58 35 members is necessary for any substantive action taken by the
59 1 board. The board shall select a chairperson from the voting
59 2 members of the board. The board shall meet not less than four
59 3 times a year.
59 4 4. The board shall have the following duties:
59 5 a. Develop and monitor implementation of a comprehensive
59 6 strategic plan to remove barriers for underrepresented
59 7 populations and, in doing so, to increase Iowa's productivity
59 8 and inclusivity, including performance measures and benchmarks.
59 9 b. Approve, disapprove, amend, or modify the budget
59 10 recommended by the department director for the operation of
59 11 the department, subject to the budget requirements pursuant to
59 12 chapter 8.
59 13 c. Adopt administrative rules pursuant to chapter 17A,
59 14 upon the recommendation of the department director, for the
59 15 operation of the department.
59 16 d. By November 1 of each year, approve the department report
59 17 to the general assembly and the governor that covers activities
59 18 during the preceding fiscal year.
59 19 Sec. 105. Section 216A.4, Code 2009, is amended by adding
59 20 the following new subsections:
59 21 NEW SUBSECTION. 0A. "Board" means human rights board.
59 22 NEW SUBSECTION. 3. "Underrepresented" means the historical
59 23 marginalization of populations or groups in the United States
59 24 and Iowa, including but not limited to African Americans, Asian
59 25 and Pacific Islanders, persons who are deaf or hard of hearing,
59 26 persons with disabilities, Latinos, Native Americans, women,
59 27 persons who have low socioeconomic status, at=risk youth, and
59 28 adults or juveniles with a criminal history.
59 29 Sec. 106. NEW SECTION. 216A.7 Access to information.
59 30 Upon request of the director or a commission, council, or
59 31 administrator of a division of the department, all boards,
59 32 agencies, departments, and offices of the state shall make
59 33 available nonconfidential information, records, data, and
59 34 statistics which are relevant to the populations served by the
59 35 offices, councils, and commissions of the department.
60 1 Sec. 107. Section 216A.11, subsection 1, Code 2009, is
60 2 amended by striking the subsection.
60 3 Sec. 108. Section 216A.11, subsection 3, Code 2009, is
60 4 amended to read as follows:
60 5 3. "Division" "Office" means the division office of Latino
60 6 affairs of the department of human rights.
60 7 Sec. 109. Section 216A.12, Code Supplement 2009, is amended
60 8 to read as follows:
60 9 216A.12 Commission of Latino affairs == terms
60 10 == compensation established.
60 11 1. The commission of Latino affairs consists of
60 12 nine seven members, appointed by the governor, and subject
60 13 to confirmation by the senate pursuant to section 2.32.
60 14 Commission members shall be appointed in compliance with
60 15 sections 69.16 and 69.16A and with consideration given
60 16 to geographic residence and density of Latino population
60 17 represented by each member. Commission members shall reside
60 18 in the state.
60 19 2. The members of the commission shall be appointed during
60 20 the month of June and shall serve for staggered four=year terms
60 21 of two years commencing July 1 of each odd=numbered the year
60 22 of appointment. Members appointed shall continue to serve
60 23 until their respective successors are appointed. Vacancies
60 24 in the membership of the commission shall be filled by the
60 25 original appointing authority and in the manner of the original
60 26 appointments. Members shall receive actual expenses incurred
60 27 while serving in their official capacity. Members may also be
60 28 eligible to receive compensation as provided in section 7E.6.
60 29 3. The commission shall select from its membership a
60 30 chairperson and other officers as it deems necessary and shall
60 31 meet at least quarterly each fiscal year. A majority of the
60 32 members currently appointed to the commission shall constitute
60 33 a quorum and the affirmative vote of a majority of the
60 34 currently appointed members is necessary for any substantive
60 35 action taken by the commission. A member shall not vote on any
61 1 action if the member has a conflict of interest on the matter
61 2 and a statement by the member of a conflict of interest shall
61 3 be conclusive for this purpose.
61 4 Sec. 110. Section 216A.13, Code 2009, is amended by striking
61 5 the section and inserting in lieu thereof the following:
61 6 216A.13 Commission of Latino affairs == duties.
61 7 The commission shall have the following duties:
61 8 1. Study the opportunities for and changing needs of the
61 9 Latino population of this state.
61 10 2. Serve as liaison between the department of human rights
61 11 and the public, sharing information and gathering constituency
61 12 input.
61 13 3. Recommend to the board the adoption of rules pursuant to
61 14 chapter 17A as it deems necessary.
61 15 4. Recommend legislative and executive action to the
61 16 governor and general assembly.
61 17 5. Establish advisory committees, work groups, or other
61 18 coalitions as appropriate.
61 19 Sec. 111. Section 216A.14, Code 2009, is amended by striking
61 20 the section and inserting in lieu thereof the following:
61 21 216A.14 Office of Latino affairs == duties.
61 22 The office of Latino affairs is established and shall do the
61 23 following:
61 24 1. Serve as the central permanent agency to advocate for
61 25 Latino persons.
61 26 2. Coordinate and cooperate with the efforts of state
61 27 departments and agencies to serve the needs of Latino persons
61 28 in participating fully in the economic, social, and cultural
61 29 life of the state, and by providing direct assistance to those
61 30 who request it.
61 31 3. Develop, coordinate, and assist other public
61 32 organizations which serve Latino persons.
61 33 4. Serve as an information clearinghouse on programs and
61 34 agencies operating to assist Latino persons.
61 35 Sec. 112. Section 216A.15, subsections 1 through 9, Code
62 1 2009, are amended by striking the subsections and inserting in
62 2 lieu thereof the following:
62 3 1. Study the opportunities for and changing needs of the
62 4 Latino population of this state.
62 5 2. Serve as liaison between the office and the public,
62 6 sharing information and gathering constituency input.
62 7 3. Recommend to the board for adoption rules pursuant
62 8 to chapter 17A as it deems necessary for the commission and
62 9 office.
62 10 4. Recommend to the department director policies and
62 11 programs for the office.
62 12 5. Establish advisory committees, work groups, or other
62 13 coalitions as appropriate.
62 14 Sec. 113. Section 216A.51, subsection 1, Code 2009, is
62 15 amended by striking the subsection.
62 16 Sec. 114. Section 216A.51, subsection 3, Code 2009, is
62 17 amended to read as follows:
62 18 3. "Division" "Office" means the division office on the
62 19 status of women of the department of human rights.
62 20 Sec. 115. Section 216A.52, Code 2009, is amended by striking
62 21 the section and inserting in lieu thereof the following:
62 22 216A.52 Office on the status of women.
62 23 The office on the status of women is established, and shall
62 24 do the following:
62 25 1. Serve as the central permanent agency to advocate for
62 26 women and girls.
62 27 2. Coordinate and cooperate with the efforts of state
62 28 departments and agencies to serve the needs of women and girls
62 29 in participating fully in the economic, social, and cultural
62 30 life of the state, and provide direct assistance to individuals
62 31 who request it.
62 32 3. Serve as a clearinghouse on programs and agencies
62 33 operating to assist women and girls.
62 34 4. Develop, coordinate, and assist other public or private
62 35 organizations which serve women and girls.
63 1 Sec. 116. Section 216A.53, Code 2009, is amended by striking
63 2 the section and inserting in lieu thereof the following:
63 3 216A.53 Commission on the status of women established.
63 4 1. The commission on the status of women is established and
63 5 shall consist of seven voting members who shall be appointed by
63 6 the governor, subject to confirmation by the senate pursuant
63 7 to section 2.32, and shall represent a cross section of the
63 8 citizens of the state. All members shall reside in the state.
63 9 2. The term of office for voting members is four years.
63 10 Terms shall be staggered. Members whose terms expire may be
63 11 reappointed. Vacancies in voting membership positions on
63 12 the commission shall be filled for the unexpired term in the
63 13 same manner as the original appointment. Voting members of
63 14 the commission may receive a per diem as specified in section
63 15 7E.6 and shall be reimbursed for actual expenses incurred
63 16 while serving in their official capacity, subject to statutory
63 17 limits.
63 18 3. Members of the commission shall appoint a chairperson and
63 19 vice chairperson and any other officers as the commission deems
63 20 necessary. The commission shall meet at least quarterly during
63 21 each fiscal year. A majority of the voting members currently
63 22 appointed to the commission shall constitute a quorum. A
63 23 quorum of the members shall be required for the conduct of
63 24 business of the commission and the affirmative vote of a
63 25 majority of the currently appointed voting members is necessary
63 26 for any substantive action taken by the commission. A member
63 27 shall not vote on any action if the member has a conflict of
63 28 interest on the matter and a statement by the member of a
63 29 conflict of interest shall be conclusive for this purpose.
63 30 Sec. 117. Section 216A.54, Code 2009, is amended by striking
63 31 the section and inserting in lieu thereof the following:
63 32 216A.54 Commission powers and duties.
63 33 The commission shall have the following powers and duties:
63 34 1. Study the opportunities for and changing needs of the
63 35 women and girls of this state.
64 1 2. Serve as liaison between the office and the public,
64 2 sharing information and gathering constituency input.
64 3 3. Recommend to the board the adoption of rules pursuant
64 4 to chapter 17A as it deems necessary for the commission and
64 5 office.
64 6 4. Recommend legislative and executive action to the
64 7 governor and general assembly.
64 8 5. Establish advisory committees, work groups, or other
64 9 coalitions as appropriate.
64 10 Sec. 118. Section 216A.71, subsection 1, Code 2009, is
64 11 amended by striking the subsection.
64 12 Sec. 119. Section 216A.71, subsection 3, Code 2009, is
64 13 amended to read as follows:
64 14 3. "Division" "Office" means the division office of persons
64 15 with disabilities of the department of human rights.
64 16 Sec. 120. Section 216A.72, Code 2009, is amended by striking
64 17 the section and inserting in lieu thereof the following:
64 18 216A.72 Office of persons with disabilities.
64 19 The office of persons with disabilities is established, and
64 20 shall do all of the following:
64 21 1. Serve as the central permanent agency to advocate for
64 22 persons with disabilities.
64 23 2. Coordinate and cooperate with the efforts of state
64 24 departments and agencies to serve the needs of persons with
64 25 disabilities in participating fully in the economic, social,
64 26 and cultural life of the state, and provide direct assistance
64 27 to individuals who request it.
64 28 3. Develop, coordinate, and assist other public or private
64 29 organizations which serve persons with disabilities.
64 30 4. Serve as an information clearinghouse on programs and
64 31 agencies operating to assist persons with disabilities.
64 32 Sec. 121. Section 216A.74, Code Supplement 2009, is amended
64 33 by striking the section and inserting in lieu thereof the
64 34 following:
64 35 216A.74 Commission of persons with disabilities established.
65 1 1. The commission of persons with disabilities is
65 2 established and shall consist of seven voting members appointed
65 3 by the governor subject to confirmation by the senate pursuant
65 4 to section 2.32. A majority of the commission shall be persons
65 5 with disabilities. All members shall reside in the state.
65 6 2. Members of the commission shall serve four=year
65 7 staggered terms which shall begin and end pursuant to section
65 8 69.19. Members whose terms expire may be reappointed.
65 9 Vacancies on the commission shall be filled for the unexpired
65 10 term in the same manner as the original appointment. Voting
65 11 members shall receive actual expenses incurred while serving
65 12 in their official capacity, subject to statutory limits.
65 13 Voting members may also be eligible to receive compensation as
65 14 provided in section 7E.6.
65 15 3. Members of the commission shall appoint a chairperson.
65 16 The commission shall meet at least quarterly during each fiscal
65 17 year. A majority of the voting members currently appointed
65 18 to the commission shall constitute a quorum. A quorum shall
65 19 be required for the conduct of business of the commission and
65 20 the affirmative vote of a majority of the currently appointed
65 21 voting members is necessary for any substantive action taken by
65 22 the commission. A member shall not vote on any action if the
65 23 member has a conflict of interest on the matter and a statement
65 24 by the member of a conflict of interest shall be conclusive for
65 25 this purpose.
65 26 Sec. 122. Section 216A.75, Code 2009, is amended by striking
65 27 the section and inserting in lieu thereof the following:
65 28 216A.75 Commission powers and duties.
65 29 The commission shall have the following powers and duties:
65 30 1. Study the opportunities for and changing needs of persons
65 31 with disabilities in this state.
65 32 2. Serve as liaisons between the office and the public,
65 33 sharing information and gathering constituency input.
65 34 3. Recommend to the board the adoption of rules pursuant
65 35 to chapter 17A as it deems necessary for the commission and
66 1 office.
66 2 4. Recommend legislative and executive action to the
66 3 governor and general assembly.
66 4 5. Establish advisory committees, work groups, or other
66 5 coalitions as appropriate.
66 6 Sec. 123. Section 216A.92, Code 2009, is amended by striking
66 7 the section and inserting in lieu thereof the following:
66 8 216A.92 Division of community action agencies.
66 9 1. The division of community action agencies is
66 10 established. The purpose of the division of community action
66 11 agencies is to strengthen, supplement, and coordinate efforts
66 12 to develop the full potential of each citizen by recognizing
66 13 certain community action agencies and supporting certain
66 14 community=based programs delivered by community action
66 15 agencies.
66 16 2. The division shall do all of the following:
66 17 a. Provide financial assistance for community action
66 18 agencies to implement community action programs, as permitted
66 19 by the community service block grant and subject to the funding
66 20 made available for the program.
66 21 b. Administer the community services block grant, the
66 22 low=income energy assistance block grants, department of energy
66 23 funds for weatherization, and other possible funding sources.
66 24 If a political subdivision is the community action agency,
66 25 the financial assistance shall be allocated to the political
66 26 subdivision.
66 27 c. Implement accountability measures for its programs and
66 28 require regular reporting on the measures by the community
66 29 action agencies.
66 30 d. Issue an annual report to the governor and general
66 31 assembly by July 1 of each year.
66 32 Sec. 124. Section 216A.92A, subsection 1, paragraph c, Code
66 33 2009, is amended to read as follows:
66 34 c. One=third of the members shall be persons who, according
66 35 to federal guidelines, have incomes at or below one hundred
67 1 eighty=five percent of poverty level.
67 2 Sec. 125. Section 216A.92A, subsection 3, Code 2009, is
67 3 amended to read as follows:
67 4 3. The commission shall select from its membership a
67 5 chairperson and other officers as it deems necessary. The
67 6 commission shall meet no less than four times per year. A
67 7 majority of the members of the commission shall constitute a
67 8 quorum.
67 9 Sec. 126. Section 216A.92B, Code 2009, is amended by
67 10 striking the section and inserting in lieu thereof the
67 11 following:
67 12 216A.92B Commission powers and duties.
67 13 The commission shall have the following powers and duties:
67 14 1. Recommend to the board the adoption of rules pursuant
67 15 to chapter 17A as it deems necessary for the commission and
67 16 division.
67 17 2. Supervise the collection of data regarding the scope of
67 18 services provided by the community action agencies.
67 19 3. Serve as liaisons between the division and the public,
67 20 sharing information and gathering constituency input.
67 21 4. Make recommendations to the governor and the general
67 22 assembly for executive and legislative action designed to
67 23 improve the status of low=income persons in the state.
67 24 5. Establish advisory committees, work groups, or other
67 25 coalitions as appropriate.
67 26 Sec. 127. Section 216A.93, Code 2009, is amended to read as
67 27 follows:
67 28 216A.93 Establishment of community action agencies.
67 29 The division shall recognize and assist in the designation
67 30 of certain community action agencies to assist in the
67 31 delivery of community action programs. These programs shall
67 32 include, but not be limited to, outreach, community services
67 33 block grant, low=income energy assistance, and weatherization
67 34 programs. If a community action agency is in effect and
67 35 currently serving an area, that community action agency shall
68 1 become the designated community action agency for that area.
68 2 If there is not a designated community action agency in the
68 3 area a city council or county board of supervisors or any
68 4 combination of one or more councils or boards may establish
68 5 a community action agency and may apply to the division for
68 6 recognition. The council or board or the combination may adopt
68 7 an ordinance or resolution establishing a community action
68 8 agency if a community action agency has not been designated.
68 9 It is the purpose of the division of community action agencies
68 10 to strengthen, supplement, and coordinate efforts to develop
68 11 the full potential of each citizen by recognizing certain
68 12 community action agencies and the continuation of certain
68 13 community=based programs delivered by community action
68 14 agencies. If any geographic area of the state ceases to be
68 15 served by a designated community action agency, the division
68 16 may solicit applications and assist the governor in designating
68 17 a community action agency for that area in accordance with
68 18 current community services block grant requirements.
68 19 Sec. 128. Section 216A.94, subsection 2, Code 2009, is
68 20 amended to read as follows:
68 21 2. Notwithstanding subsection 1, a public agency
68 22 shall establish an advisory board or may contract with a
68 23 delegate agency to assist the governing board in meeting
68 24 the requirements of section 216A.95. The advisory board or
68 25 delegate agency board shall be composed of the same type
68 26 of membership as a board of directors for community action
68 27 agencies under subsection 1. However, the public agency acting
68 28 as In addition, the advisory board of the community action
68 29 agency shall have the sole authority to determine annual
68 30 program budget requests.
68 31 Sec. 129. Section 216A.95, subsection 1, Code 2009, is
68 32 amended by striking the subsection and inserting in lieu
68 33 thereof the following:
68 34 1. The governing board or advisory board shall fully
68 35 participate in the development, planning, implementation, and
69 1 evaluation of programs to serve low=income communities.
69 2 Sec. 130. Section 216A.96, subsection 1, Code 2009, is
69 3 amended by striking the subsection and inserting in lieu
69 4 thereof the following:
69 5 1. Plan and implement strategies to alleviate the
69 6 conditions of poverty and encourage self=sufficiency for
69 7 citizens in its service area and in Iowa. In doing so,
69 8 an agency shall plan for a community action program by
69 9 establishing priorities among projects, activities, and areas
69 10 to provide for the most efficient use of possible resources.
69 11 Sec. 131. Section 216A.96, subsection 4, Code 2009, is
69 12 amended to read as follows:
69 13 4. Encourage and support self=help, volunteer, business,
69 14 labor, and other groups and organizations to assist public
69 15 officials and agencies in supporting a community action program
69 16 which results in the additional use of by providing private
69 17 resources while, developing new employment opportunities,
69 18 encouraging investments which have an impact on reducing
69 19 poverty among the poor in areas of concentrated poverty, and
69 20 providing methods by which low=income persons can work with
69 21 private organizations, businesses, and institutions in seeking
69 22 solutions to problems of common concern.
69 23 Sec. 132. Section 216A.97, Code 2009, is amended to read as
69 24 follows:
69 25 216A.97 Administration.
69 26 A community action agency or a delegate agency may
69 27 administer the components of a community action program
69 28 when the program is consistent with plans and purposes and
69 29 applicable law. The community action programs may be projects
69 30 which are eligible for assistance from any source. The
69 31 programs shall be developed to meet local needs and may be
69 32 designed to meet eligibility standards of a federal or state
69 33 program providing assistance to a plan to meet local needs.
69 34 Sec. 133. Section 216A.98, Code 2009, is amended to read as
69 35 follows:
70 1 216A.98 Audit.
70 2 Each community action agency shall be audited annually but
70 3 shall not be required to obtain a duplicate audit to meet the
70 4 requirements of this section. In lieu of an audit by the
70 5 auditor of state, the community action agency may contract with
70 6 or employ a certified public accountant to conduct the audit,
70 7 pursuant to the applicable terms and conditions prescribed by
70 8 sections 11.6 and 11.19 and an audit format prescribed by the
70 9 auditor of state. Copies of each audit shall be furnished to
70 10 the division within three months following the annual audit in
70 11 a manner prescribed by the division.
70 12 Sec. 134. Section 216A.102, subsection 3, Code 2009, is
70 13 amended to read as follows:
70 14 3. Under rules developed by the division of community action
70 15 agencies of the department of human rights and adopted by
70 16 the board, the fund may be used to negotiate reconnection of
70 17 essential utility services with the energy provider.
70 18 Sec. 135. Section 216A.104, subsections 4 and 5, Code 2009,
70 19 are amended by striking the subsections.
70 20 Sec. 136. Section 216A.107, subsection 2, Code Supplement
70 21 2009, is amended to read as follows:
70 22 2. Unless otherwise provided by law, terms of members,
70 23 election of officers, and other procedural matters shall be
70 24 as determined by the council. A quorum shall be required for
70 25 the conduct of business of the council and the affirmative
70 26 vote of a majority of the currently appointed voting members
70 27 is necessary for any substantive action taken by the council.
70 28 A member shall not vote on any action if the member has a
70 29 conflict of interest on the matter and a statement by the
70 30 member of a conflict of interest shall be conclusive for this
70 31 purpose.
70 32 Sec. 137. Section 216A.111, subsection 1, Code 2009, is
70 33 amended by striking the subsection.
70 34 Sec. 138. Section 216A.111, subsection 3, Code 2009, is
70 35 amended to read as follows:
71 1 3. "Division" "Office" means the division office of deaf
71 2 services of the department of human rights.
71 3 Sec. 139. Section 216A.112, Code 2009, is amended by
71 4 striking the section and inserting in lieu thereof the
71 5 following:
71 6 216A.112 Office of deaf services.
71 7 The office of deaf services is established, and shall do all
71 8 of the following:
71 9 1. Serve as the central permanent agency to advocate for
71 10 persons who are deaf or hard of hearing.
71 11 2. Coordinate and cooperate with the efforts of state
71 12 departments and agencies to serve the needs of persons who are
71 13 deaf or hard of hearing in participating fully in the economic,
71 14 social, and cultural life of the state, and provide direct
71 15 assistance to individuals who request it.
71 16 3. Develop, coordinate, and assist other public or private
71 17 organizations which serve persons who are deaf or hard of
71 18 hearing.
71 19 4. Serve as an information clearinghouse on programs and
71 20 agencies operating to assist persons who are deaf or hard of
71 21 hearing.
71 22 Sec. 140. Section 216A.113, Code 2009, is amended by
71 23 striking the section and inserting in lieu thereof the
71 24 following:
71 25 216A.113 Deaf services commission established.
71 26 1. The commission on the deaf is established, and shall
71 27 consist of seven voting members appointed by the governor,
71 28 subject to confirmation by the senate pursuant to section
71 29 2.32. Membership of the commission shall include at least four
71 30 members who are deaf and who cannot hear human speech with or
71 31 without use of amplification and at least one member who is
71 32 hard of hearing. All members shall reside in Iowa.
71 33 2. Members of the commission shall serve four=year
71 34 staggered terms which shall begin and end pursuant to section
71 35 69.19. Members whose terms expire may be reappointed.
72 1 Vacancies on the commission may be filled for the remainder
72 2 of the term in the same manner as the original appointment.
72 3 Members shall receive actual expenses incurred while serving in
72 4 their official capacity, subject to statutory limits. Members
72 5 may also be eligible to receive compensation as provided in
72 6 section 7E.6.
72 7 3. Members of the commission shall appoint a chairperson
72 8 and vice chairperson and other officers as the commission
72 9 deems necessary. The commission shall meet at least quarterly
72 10 during each fiscal year. A majority of the members currently
72 11 appointed to the commission shall constitute a quorum. A
72 12 quorum shall be required for the conduct of business of the
72 13 commission and the affirmative vote of a majority of the
72 14 currently appointed members is necessary for any substantive
72 15 action taken by the commission. A member shall not vote on any
72 16 action if the member has a conflict of interest on the matter
72 17 and a statement by the member of a conflict of interest shall
72 18 be conclusive for this purpose.
72 19 Sec. 141. Section 216A.114, Code 2009, is amended by
72 20 striking the section and inserting in lieu thereof the
72 21 following:
72 22 216A.114 Commission powers and duties.
72 23 The commission shall have the following powers and duties:
72 24 1. Study the changing needs and opportunities for the deaf
72 25 and hard=of=hearing people in this state.
72 26 2. Serve as a liaison between the office and the public,
72 27 sharing information and gathering constituency input.
72 28 3. Recommend to the board for adoption rules pursuant
72 29 to chapter 17A as it deems necessary for the commission and
72 30 office.
72 31 4. Recommend legislative and executive action to the
72 32 governor and general assembly.
72 33 5. Establish advisory committees, work groups, or other
72 34 coalitions as appropriate.
72 35 Sec. 142. NEW SECTION. 216A.131A Division of criminal and
73 1 juvenile justice planning.
73 2 The division of criminal and juvenile justice planning is
73 3 established to fulfill the responsibilities of this subchapter,
73 4 including the duties specified in sections 216A.135, 216A.136,
73 5 216A.137, 216A.138, and 216A.139.
73 6 Sec. 143. Section 216A.132, subsection 1, unnumbered
73 7 paragraph 1, Code 2009, is amended to read as follows:
73 8 A criminal and juvenile justice planning advisory council is
73 9 established consisting of twenty=three members who shall all
73 10 reside in the state.
73 11 Sec. 144. Section 216A.132, subsection 1, paragraph b, Code
73 12 2009, is amended to read as follows:
73 13 b. The departments of human services, corrections,
73 14 and public safety, the division office on the status of
73 15 African=Americans African Americans, the Iowa department of
73 16 public health, the chairperson of the board of parole, the
73 17 attorney general, the state public defender, the governor's
73 18 office of drug control policy, and the chief justice of the
73 19 supreme court shall each designate a person to serve on the
73 20 council. The person appointed by the Iowa department of public
73 21 health shall be from the departmental staff who administer the
73 22 comprehensive substance abuse program under chapter 125.
73 23 Sec. 145. Section 216A.132, Code 2009, is amended by adding
73 24 the following new subsection:
73 25 NEW SUBSECTION. 3. Members of the council shall appoint
73 26 a chairperson and vice chairperson and other officers as the
73 27 council deems necessary. A majority of the voting members
73 28 currently appointed to the council shall constitute a quorum.
73 29 A quorum shall be required for the conduct of business of the
73 30 council and the affirmative vote of a majority of the currently
73 31 appointed members is necessary for any substantive action taken
73 32 by the council. A member shall not vote on any action if the
73 33 member has a conflict of interest on the matter and a statement
73 34 by the member of a conflict of interest shall be conclusive for
73 35 this purpose.
74 1 Sec. 146. Section 216A.133, subsection 5, Code 2009, is
74 2 amended to read as follows:
74 3 5. Administer federal funds and funds appropriated by
74 4 the state or that are otherwise available in compliance with
74 5 applicable laws, regulations, and other requirements for
74 6 purposes of study, research, investigation, planning, and
74 7 implementation in the areas of criminal and juvenile justice.
74 8 Sec. 147. Section 216A.133, Code 2009, is amended by adding
74 9 the following new subsections:
74 10 NEW SUBSECTION. 8. Provide input to the department director
74 11 in the development of budget recommendations for the division.
74 12 NEW SUBSECTION. 9. Serve as liaison between the division
74 13 and the public, sharing information and gathering constituency
74 14 input.
74 15 NEW SUBSECTION. 10. Recommend to the board for adoption
74 16 rules pursuant to chapter 17A as it deems necessary for the
74 17 council and division.
74 18 NEW SUBSECTION. 11. Recommend legislative and executive
74 19 action to the governor and general assembly.
74 20 NEW SUBSECTION. 12. Establish advisory committees, work
74 21 groups, or other coalitions as appropriate.
74 22 Sec. 148. Section 216A.138, subsection 8, Code 2009, is
74 23 amended by striking the subsection.
74 24 Sec. 149. Section 216A.141, subsection 1, Code 2009, is
74 25 amended by striking the subsection.
74 26 Sec. 150. Section 216A.141, subsection 3, Code 2009, is
74 27 amended to read as follows:
74 28 3. "Division" "Office" means the division office on the
74 29 status of African=Americans African Americans of the department
74 30 of human rights.
74 31 Sec. 151. Section 216A.142, Code 2009, is amended by
74 32 striking the section and inserting in lieu thereof the
74 33 following:
74 34 216A.142 Commission on the status of African Americans
74 35 established.
75 1 1. The commission on the status of African Americans is
75 2 established and shall consist of seven members appointed by
75 3 the governor, subject to confirmation by the senate. All
75 4 members shall reside in Iowa. At least five members shall be
75 5 individuals who are African American.
75 6 2. Terms of office are staggered four=year terms. Members
75 7 whose terms expire may be reappointed. Vacancies on the
75 8 commission shall be filled for the remainder of the term of and
75 9 in the same manner as the original appointment. The commission
75 10 shall meet quarterly and may hold special meetings on the call
75 11 of the chairperson. The members of the commission shall be
75 12 reimbursed for actual expenses while engaged in their official
75 13 duties. Members may also be eligible to receive compensation
75 14 as provided in section 7E.6.
75 15 3. Members of the commission shall appoint a chairperson
75 16 and vice chairperson and other officers as the commission
75 17 deems necessary. A majority of members of the commission
75 18 shall constitute a quorum. A quorum shall be required for the
75 19 conduct of business of the commission and the affirmative vote
75 20 of a majority of the currently appointed members is necessary
75 21 for any substantive action taken by the commission. A member
75 22 shall not vote on any action if the member has a conflict of
75 23 interest on the matter and a statement by the member of a
75 24 conflict of interest shall be conclusive for this purpose.
75 25 Sec. 152. Section 216A.143, Code 2009, is amended by
75 26 striking the section and inserting in lieu thereof the
75 27 following:
75 28 216A.143 Commission powers and duties.
75 29 The commission shall have the following powers and duties:
75 30 1. Study the opportunities for and changing needs of the
75 31 African American community in this state.
75 32 2. Serve as liaison between the office and the public,
75 33 sharing information and gathering constituency input.
75 34 3. Recommend to the board for adoption rules pursuant
75 35 to chapter 17A as it deems necessary for the commission and
76 1 office.
76 2 4. Recommend executive and legislative action to the
76 3 governor and general assembly.
76 4 5. Establish advisory committees, work groups, or other
76 5 coalitions as appropriate.
76 6 Sec. 153. Section 216A.146, Code 2009, is amended by
76 7 striking the section and inserting in lieu thereof the
76 8 following:
76 9 216A.146 Office on the status of African Americans.
76 10 The office on the status of African Americans is established
76 11 and shall do the following:
76 12 1. Serve as the central permanent agency to advocate for
76 13 African Americans.
76 14 2. Coordinate and cooperate with the efforts of state
76 15 departments and agencies to serve the needs of African
76 16 Americans in participating fully in the economic, social, and
76 17 cultural life of the state, and provide direct assistance to
76 18 individuals who request it.
76 19 3. Develop, coordinate, and assist other public or private
76 20 organizations which serve African Americans.
76 21 4. Serve as an information clearinghouse on programs and
76 22 agencies operating to assist African Americans.
76 23 Sec. 154. Section 216A.151, subsection 1, Code 2009, is
76 24 amended by striking the subsection.
76 25 Sec. 155. Section 216A.151, subsection 3, Code 2009, is
76 26 amended to read as follows:
76 27 3. "Commission" means the commission on the status of
76 28 Iowans of Asian and Pacific Islander heritage affairs.
76 29 Sec. 156. Section 216A.151, subsection 4, Code 2009, is
76 30 amended to read as follows:
76 31 4. "Division" "Office" means the division on the status of
76 32 Iowans office of Asian and Pacific Islander heritage affairs of
76 33 the department of human rights.
76 34 Sec. 157. Section 216A.152, Code 2009, is amended by
76 35 striking the section and inserting in lieu thereof the
77 1 following:
77 2 216A.152 Commission of Asian and Pacific Islander affairs
77 3 established.
77 4 1. The commission of Asian and Pacific Islander affairs is
77 5 established and shall consist of seven members appointed by the
77 6 governor, subject to confirmation by the senate. Members shall
77 7 be appointed representing every geographical area of the state
77 8 and ethnic groups of Asian and Pacific Islander heritage. All
77 9 members shall reside in Iowa.
77 10 2. Terms of office are four years and shall begin and end
77 11 pursuant to section 69.19. Members whose terms expire may be
77 12 reappointed. Vacancies on the commission may be filled for the
77 13 remainder of the term of and in the same manner as the original
77 14 appointment. Members shall receive actual expenses incurred
77 15 while serving in their official capacity, subject to statutory
77 16 limits. Members may also be eligible to receive compensation
77 17 as provided in section 7E.6.
77 18 3. Members of the commission shall appoint a chairperson
77 19 and vice chairperson and other officers as the commission deems
77 20 necessary. The commission shall meet at least quarterly during
77 21 each fiscal year. A majority of the members of the commission
77 22 shall constitute a quorum. A quorum shall be required for the
77 23 conduct of business of the commission and the affirmative vote
77 24 of a majority of the currently appointed members is necessary
77 25 for any substantive action taken by the commission. A member
77 26 shall not vote on any action if the member has a conflict of
77 27 interest on the matter and a statement by the member of a
77 28 conflict of interest shall be conclusive for this purpose.
77 29 Sec. 158. Section 216A.153, Code 2009, is amended by
77 30 striking the section and inserting in lieu thereof the
77 31 following:
77 32 216A.153 Commission powers and duties.
77 33 The commission shall have the following powers and duties:
77 34 1. Study the opportunities for and changing needs of the
77 35 Asian and Pacific Islander persons in this state.
78 1 2. Serve as liaison between the office and the public,
78 2 sharing information and gathering constituency input.
78 3 3. Recommend to the board for adoption rules pursuant
78 4 to chapter 17A as it deems necessary for the commission and
78 5 office.
78 6 4. Recommend legislative and executive action to the
78 7 governor and general assembly.
78 8 5. Establish advisory committees, work groups, or other
78 9 coalitions as appropriate.
78 10 Sec. 159. Section 216A.154, Code 2009, is amended by
78 11 striking the section and inserting in lieu thereof the
78 12 following:
78 13 216A.154 Office of Asian and Pacific Islander affairs.
78 14 The office of Asian and Pacific Islander affairs is
78 15 established and shall do the following:
78 16 1. Serve as the central permanent agency to advocate for
78 17 Iowans of Asian and Pacific Islander heritage.
78 18 2. Coordinate and cooperate with the efforts of state
78 19 departments and agencies to serve the needs of Iowans of Asian
78 20 and Pacific Islander heritage in participating fully in the
78 21 economic, social, and cultural life of the state, and provide
78 22 direct assistance to individuals who request it.
78 23 3. Develop, coordinate, and assist other public or private
78 24 organizations which serve Iowans of Asian and Pacific Islander
78 25 heritage.
78 26 4. Serve as an information clearinghouse on programs
78 27 and agencies operating to assist Iowans of Asian and Pacific
78 28 Islander heritage.
78 29 Sec. 160. Section 216A.161, subsection 1, Code 2009, is
78 30 amended by striking the subsection.
78 31 Sec. 161. Section 216A.161, subsection 2, Code 2009, is
78 32 amended to read as follows:
78 33 2. "Commission" means the commission on of Native American
78 34 affairs.
78 35 Sec. 162. Section 216A.161, subsection 3, Code 2009, is
79 1 amended to read as follows:
79 2 3. "Division" "Office" means the division on office
79 3 of Native American affairs of the department of human rights.
79 4 Sec. 163. Section 216A.162, subsection 1, Code 2009, is
79 5 amended to read as follows:
79 6 1. A commission on of Native American affairs is established
79 7 consisting of eleven voting members appointed by the governor,
79 8 subject to confirmation by the senate. The members of the
79 9 commission shall appoint one of the members to serve as
79 10 chairperson of the commission.
79 11 Sec. 164. Section 216A.162, Code 2009, is amended by adding
79 12 the following new subsection:
79 13 NEW SUBSECTION. 4. Members of the commission shall appoint
79 14 one of their members to serve as chairperson and may appoint
79 15 such other officers as the commission deems necessary. The
79 16 commission shall meet at least four times per year and shall
79 17 hold special meetings on the call of the chairperson. The
79 18 members of the commission shall be reimbursed for actual
79 19 expenses while engaged in their official duties. A member
79 20 may also be eligible to receive compensation as provided in
79 21 section 7E.6. A majority of the members of the commission
79 22 shall constitute a quorum. A quorum shall be required for the
79 23 conduct of business of the commission and the affirmative vote
79 24 of a majority of the currently appointed members is necessary
79 25 for any substantive action taken by the commission. A member
79 26 shall not vote on any action if the member has a conflict of
79 27 interest on the matter and a statement by the member of a
79 28 conflict of interest shall be conclusive for this purpose.
79 29 Sec. 165. Section 216A.165, subsections 1 through 9, Code
79 30 2009, are amended by striking the subsections and inserting in
79 31 lieu thereof the following:
79 32 1. Study the opportunities for and changing needs of Native
79 33 American persons in this state.
79 34 2. Serve as a liaison between the department and the public,
79 35 sharing information and gathering constituency input.
80 1 3. Recommend to the board for adoption rules pursuant
80 2 to chapter 17A as it deems necessary for the commission and
80 3 office.
80 4 4. Recommend legislative and executive action to the
80 5 governor and general assembly.
80 6 5. Establish advisory committees, work groups, or other
80 7 coalitions as appropriate.
80 8 Sec. 166. Section 216A.166, Code 2009, is amended by
80 9 striking the section and inserting in lieu thereof the
80 10 following:
80 11 216A.166 Office of Native American affairs.
80 12 The office of Native American affairs is established and
80 13 shall do the following:
80 14 1. Serve as the central permanent agency to advocate for
80 15 Native Americans.
80 16 2. Coordinate and cooperate with the efforts of state
80 17 departments and agencies to serve the needs of Native Americans
80 18 in participating fully in the economic, social, and cultural
80 19 life of the state, and provide direct assistance to individuals
80 20 who request it.
80 21 3. Develop, coordinate, and assist other public or private
80 22 organizations which serve Native Americans.
80 23 4. Serve as an information clearinghouse on programs and
80 24 agencies operating to assist Native Americans.
80 25 Sec. 167. Section 216A.167, subsections 1 and 2, Code 2009,
80 26 are amended by striking the subsections.
80 27 Sec. 168. Section 216A.167, subsection 3, unnumbered
80 28 paragraph 1, Code 2009, is amended to read as follows:
80 29 The commission and office shall not have the authority to do
80 30 any of the following:
80 31 Sec. 169. REPEAL. Sections 216A.16, 216A.17, 216A.55,
80 32 216A.56, 216A.57, 216A.58, 216A.59, 216A.60, 216A.73, 216A.76,
80 33 216A.77, 216A.78, 216A.79, 216A.101, 216A.103, 216A.115,
80 34 216A.116, 216A.117, 216A.134, 216A.144, 216A.145, 216A.147,
80 35 216A.148, 216A.149, 216A.155, 216A.156, 216A.157, 216A.158,
81 1 216A.159, 216A.160, 216A.164, 216A.168, 216A.169, and 216A.170,
81 2 Code 2009, are repealed.
81 3 Sec. 170. DEPARTMENT OF HUMAN RIGHTS REORGANIZATION ==
81 4 TRANSITION PROVISIONS.
81 5 1. Except for the department director, no other employee
81 6 of the department of human rights shall be appointed by the
81 7 governor. Those persons now occupying positions that were
81 8 previously appointed by the governor shall be retained but
81 9 shall be subject to the merit system and state human resource
81 10 management system as provided by sections 8A.412 and 8A.413.
81 11 2. Through December 31, 2010, the department director shall
81 12 be granted reasonable flexibility within the department's
81 13 appropriation and allotted full=time equivalent positions to
81 14 reassign, retrain, or reclassify personnel as deemed necessary
81 15 in order to most effectively and efficiently carry out the
81 16 department's mission. Any personnel in the state merit system
81 17 of employment who are transferred from one work unit to another
81 18 due to the effect of this division of this Act shall be so
81 19 transferred without any loss in salary, benefits, or accrued
81 20 years of service.
81 21 3. In regard to updating references and format in the Iowa
81 22 administrative code in order to correspond to the transferring
81 23 of the authority to adopt rules from the previous divisions
81 24 of the department of human rights to the department of human
81 25 rights as established by this division of this Act, the
81 26 administrative rules coordinator and the administrative rules
81 27 review committee, in consultation with the administrative code
81 28 editor, shall jointly develop a schedule for the necessary
81 29 updating of the Iowa administrative code.
81 30 4. Current contracts that bind any division of the
81 31 department of human rights shall be honored by the department,
81 32 or expediently and judiciously amended if changes in the name
81 33 of the contractor must be made before the expiration of the
81 34 contract.
81 35 5. All client and organizational files in the possession
82 1 of any office subsumed within the division of community
82 2 advocacy and services as enacted by this division of this Act
82 3 will become the property of the office that will serve that
82 4 population.
82 5 6. Any replacement of signs, logos, stationery, insignia,
82 6 uniforms, and related items that is made due to the effect of
82 7 this division of this Act shall if possible be done as part of
82 8 the normal replacement cycle for such items.
82 9 7. The governor, in consultation with the director of
82 10 the department of human rights, shall establish a process
82 11 to implement the requirements of this division of this Act
82 12 and shall have the authority to terminate and modify the
82 13 terms of office of voting members of the commissions and the
82 14 council within the department of human rights in order to
82 15 effectuate the requirements of this division of this Act. New
82 16 appointments or reappointments to the commissions and the
82 17 council as required by this division of this Act shall be made
82 18 to effectuate the requirement, if applicable, that members
82 19 shall serve for staggered four=year terms.
82 20 Sec. 171. EFFECTIVE UPON ENACTMENT. This division of this
82 21 Act, being deemed of immediate importance, takes effect upon
82 22 enactment.
82 23 DIVISION XIII
82 24 GAMBLING SETOFFS
82 25 Sec. 172. Section 99D.28, subsection 1, Code 2009, is
82 26 amended to read as follows:
82 27 1. A licensee or a person acting on behalf of a licensee
82 28 shall be provided electronic access to the names of the
82 29 persons indebted to a claimant agency pursuant to the process
82 30 established pursuant to section 99D.7, subsection 23. The
82 31 electronic access provided by the claimant agency shall include
82 32 access to the names of the debtors, their social security
82 33 numbers, and any other information that assists the licensee
82 34 in identifying the debtors. If the name of a debtor provided
82 35 to the licensee through electronic access is retrieved by
83 1 the licensee and the winnings are equal to or greater than
83 2 ten one thousand two hundred dollars per occurrence, the
83 3 retrieval of such a name shall constitute a valid lien upon and
83 4 claim of lien against the winnings of the debtor whose name
83 5 is electronically retrieved from the claimant agency. If a
83 6 debtor's winnings are equal to or greater than ten one thousand
83 7 two hundred dollars per occurrence, the full amount of the debt
83 8 shall be collectible from any winnings due the debtor without
83 9 regard to limitations on the amounts that may be collectible in
83 10 increments through setoff or other proceedings.
83 11 Sec. 173. Section 99F.19, subsection 1, Code 2009, is
83 12 amended to read as follows:
83 13 1. A licensee or a person acting on behalf of a licensee
83 14 shall be provided electronic access to the names of the
83 15 persons indebted to a claimant agency pursuant to the process
83 16 established pursuant to section 99F.4, subsection 26. The
83 17 electronic access provided by the claimant agency shall include
83 18 access to the names of the debtors, their social security
83 19 numbers, and any other information that assists the licensee
83 20 in identifying the debtors. If the name of a debtor provided
83 21 to the licensee through electronic access is retrieved by
83 22 the licensee and the winnings are equal to or greater than
83 23 ten one thousand two hundred dollars per occurrence, the
83 24 retrieval of such a name shall constitute a valid lien upon and
83 25 claim of lien against the winnings of the debtor whose name
83 26 is electronically retrieved from the claimant agency. If a
83 27 debtor's winnings are equal to or greater than ten one thousand
83 28 two hundred dollars per occurrence, the full amount of the debt
83 29 shall be collectible from any winnings due the debtor without
83 30 regard to limitations on the amounts that may be collectible in
83 31 increments through setoff or other proceedings.
83 32 DIVISION XIV
83 33 DEPARTMENT OF MANAGEMENT == FINANCIAL ADMINISTRATION
83 34 REORGANIZATION
83 35 Sec. 174. NEW SECTION. 8.71 Definitions.
84 1 As used in this section and sections 8.72 through 8.89,
84 2 unless the context otherwise requires:
84 3 1. "Agency" or "state agency" means a unit of state
84 4 government, which is an authority, board, commission,
84 5 committee, council, department, or independent agency as
84 6 defined in section 7E.4, including but not limited to each
84 7 principal central department enumerated in section 7E.5.
84 8 However, "agency" or "state agency" does not mean any of the
84 9 following:
84 10 a. The office of the governor or the office of an elective
84 11 constitutional or statutory officer.
84 12 b. The general assembly, or any office or unit under its
84 13 administrative authority.
84 14 c. The judicial branch, as provided in section 602.1102.
84 15 d. A political subdivision of the state or its offices
84 16 or units, including but not limited to a county, city, or
84 17 community college.
84 18 2. "Department" means the department of management.
84 19 3. "Director" means the director of the department of
84 20 management or the director's designee.
84 21 Sec. 175. NEW SECTION. 8.72 Financial administration
84 22 duties.
84 23 The department shall provide for the efficient management
84 24 and administration of the financial resources of state
84 25 government and shall have and assume the following powers and
84 26 duties:
84 27 1. Centralized accounting and payroll system. To assume the
84 28 responsibilities related to a centralized accounting system
84 29 for state government and to establish a centralized payroll
84 30 system for all state agencies. However, the state board of
84 31 regents and institutions under the control of the state board
84 32 of regents shall not be required to utilize the centralized
84 33 payroll system.
84 34 2. Setoff procedures. To establish and maintain a setoff
84 35 procedure as provided in section 8.74.
85 1 3. Cost allocation system. To establish a cost allocation
85 2 system as provided in section 8.75.
85 3 4. Collection and payment of funds == monthly payments. To
85 4 control the payment of all moneys into the state treasury,
85 5 and all payments from the state treasury by the preparation
85 6 of appropriate warrants, or warrant checks, directing such
85 7 collections and payment, and to advise the treasurer of state
85 8 monthly in writing of the amount of public funds not currently
85 9 needed for operating expenses. Whenever the state treasury
85 10 includes state funds that require distribution to counties,
85 11 cities, or other political subdivisions of this state, and the
85 12 counties, cities, and other political subdivisions certify to
85 13 the director that warrants will be stamped for lack of funds
85 14 within the thirty=day period following certification, the
85 15 director may partially distribute the funds on a monthly basis.
85 16 Whenever the law requires that any funds be paid by a specific
85 17 date, the director shall prepare a final accounting and shall
85 18 make a final distribution of any remaining funds prior to that
85 19 date.
85 20 5. Preaudit system. To establish and fix a reasonable
85 21 imprest cash fund for each state department and institution
85 22 for disbursement purposes where needed. These revolving
85 23 funds shall be reimbursed only upon vouchers approved by the
85 24 director. It is the purpose of this subsection to establish a
85 25 preaudit system of settling all claims against the state, but
85 26 the preaudit system is not applicable to any of the following:
85 27 a. Institutions under the control of the state board of
85 28 regents.
85 29 b. The state fair board as established in chapter 173.
85 30 c. The Iowa dairy industry commission as established in
85 31 chapter 179, the Iowa beef cattle producers association as
85 32 established in chapter 181, the Iowa pork producers council
85 33 as established in chapter 183A, the Iowa egg council as
85 34 established in chapter 184, the Iowa turkey marketing council
85 35 as established in chapter 184A, the Iowa soybean association
86 1 as provided in chapter 185, and the Iowa corn promotion board
86 2 as established in chapter 185C.
86 3 6. Audit of claims. To set rules and procedures for the
86 4 preaudit of claims by individual agencies or organizations.
86 5 The director reserves the right to refuse to accept incomplete
86 6 or incorrect claims and to review, preaudit, or audit claims
86 7 as determined by the director.
86 8 7. Contracts. To certify, record, and encumber all formal
86 9 contracts to prevent overcommitment of appropriations and
86 10 allotments.
86 11 8. Accounts. To keep the central budget and proprietary
86 12 control accounts of the general fund of the state and special
86 13 funds, as defined in section 8.2, of the state government.
86 14 Upon elimination of the state deficit under generally accepted
86 15 accounting principles, including the payment of items budgeted
86 16 in a subsequent fiscal year which under generally accepted
86 17 accounting principles should be budgeted in the current fiscal
86 18 year, the recognition of revenues received and expenditures
86 19 paid and transfers received and paid within the time period
86 20 required pursuant to section 8.33 shall be in accordance with
86 21 generally accepted accounting principles. Budget accounts
86 22 are those accounts maintained to control the receipt and
86 23 disposition of all funds, appropriations, and allotments.
86 24 Proprietary accounts are those accounts relating to assets,
86 25 liabilities, income, and expense. For each fiscal year, the
86 26 financial position and results of operations of the state shall
86 27 be reported in a comprehensive annual financial report prepared
86 28 in accordance with generally accepted accounting principles, as
86 29 established by the governmental accounting standards board.
86 30 8A. Budget database. To develop and make available to the
86 31 public a searchable budget database.
86 32 9. Fair board and state board of regents. To control
86 33 the financial operations of the state fair board and the
86 34 institutions under the state board of regents:
86 35 a. By charging all warrants issued to the respective
87 1 educational institutions and the state fair board to an advance
87 2 account to be further accounted for and not as an expense which
87 3 requires no further accounting.
87 4 b. By charging all collections made by the educational
87 5 institutions and state fair board to the respective advance
87 6 accounts of the institutions and state fair board, and by
87 7 crediting all such repayment collections to the respective
87 8 appropriations and special funds.
87 9 c. By charging all disbursements made to the respective
87 10 allotment accounts of each educational institution or state
87 11 fair board and by crediting all such disbursements to the
87 12 respective advance and inventory accounts.
87 13 d. By requiring a monthly abstract of all receipts and
87 14 of all disbursements, both money and stores, and a complete
87 15 account current each month from each educational institution
87 16 and the state fair board.
87 17 10. Entities representing agricultural producers. To control
87 18 the financial operations of the Iowa dairy industry commission
87 19 as provided in chapter 179, the Iowa beef cattle producers
87 20 association as provided in chapter 181, the Iowa pork producers
87 21 council as provided in chapter 183A, the Iowa egg council as
87 22 provided in chapter 184, the Iowa turkey marketing council
87 23 as provided in chapter 184A, the Iowa soybean association as
87 24 provided in chapter 185, and the Iowa corn promotion board as
87 25 provided in chapter 185C.
87 26 11. Custody of records. To have the custody of all books,
87 27 papers, records, documents, vouchers, conveyances, leases,
87 28 mortgages, bonds, and other securities appertaining to the
87 29 fiscal affairs and property of the state, which are not
87 30 required to be kept in some other office.
87 31 12. Interest of the permanent school fund. To transfer the
87 32 interest of the permanent school fund to the credit of the
87 33 interest for Iowa schools fund.
87 34 13. Forms. To prescribe all accounting and business
87 35 forms and the system of accounts and reports of financial
88 1 transactions by all departments and agencies of the state
88 2 government other than those of the legislative branch.
88 3 14. Federal cash management and improvement act
88 4 administrator.
88 5 a. To serve as administrator for state actions relating to
88 6 the federal Cash Management and Improvement Act of 1990, Pub.
88 7 L. No. 101=453, as codified in 31 U.S.C. { 6503. The director
88 8 shall perform the following duties relating to the federal law:
88 9 (1) Act as the designated representative of the state in the
88 10 negotiation and administration of contracts between the state
88 11 and federal government relating to the federal law.
88 12 (2) Modify the centralized statewide accounting system
88 13 and develop, or require to be developed by the appropriate
88 14 departments of state government, the reports and procedures
88 15 necessary to complete the managerial and financial reports
88 16 required to comply with the federal law.
88 17 b. There is annually appropriated from the general fund
88 18 of the state to the department an amount sufficient to pay
88 19 interest costs that may be due the federal government as a
88 20 result of implementation of the federal law. This paragraph
88 21 does not authorize the payment of interest from the general
88 22 fund of the state for any department of administrative
88 23 services' revolving, trust, or special fund of the department
88 24 of administrative services where monthly interest earnings
88 25 accrue to the credit of the department of administrative
88 26 services' revolving, trust, or special fund. For any
88 27 department of administrative services' revolving, trust, or
88 28 special fund where monthly interest is accrued to the credit of
88 29 the fund, the director may authorize a supplemental expenditure
88 30 to pay interest costs from the individual fund which are due
88 31 the federal government as a result of implementation of the
88 32 federal law.
88 33 Sec. 176. NEW SECTION. 8.73 Rules == deposit of
88 34 departmental moneys.
88 35 The director shall prescribe by rule the manner and methods
89 1 by which all departments and agencies of the state that
89 2 collect money for and on behalf of the state shall cause the
89 3 money to be deposited with the treasurer of state or in a
89 4 depository designated by the treasurer of state. All such
89 5 moneys collected shall be deposited at such times and in such
89 6 depositories to permit the state of Iowa to deposit the funds
89 7 in a manner consistent with the state's investment policies.
89 8 All such moneys shall be promptly deposited, as directed, even
89 9 though the individual amount remitted may not be correct. If
89 10 any individual amount remitted is in excess of the amount
89 11 required, the department or agency receiving the same shall
89 12 refund the excess amount. If the individual amount remitted is
89 13 insufficient, the person, firm, or corporation concerned shall
89 14 be immediately billed for the amount of the deficiency.
89 15 Sec. 177. NEW SECTION. 8.74 Setoff procedures.
89 16 1. Definitions. As used in this section, unless the context
89 17 otherwise requires:
89 18 a. "Collection entity" means the department of management
89 19 and any other state agency that maintains a separate accounting
89 20 system and elects to establish a debt collection setoff
89 21 procedure for collection of debts owed to the state or its
89 22 agencies.
89 23 b. "Person" does not include a state agency.
89 24 c. "Qualifying debt" includes but is not limited to the
89 25 following:
89 26 (1) Any debt, which is assigned to the department of human
89 27 services, or which the child support recovery unit is otherwise
89 28 attempting to collect, or which the foster care recovery unit
89 29 of the department of human services is attempting to collect
89 30 on behalf of a child receiving foster care provided by the
89 31 department of human services.
89 32 (2) An amount that is due because of a default on a
89 33 guaranteed student or parental loan under chapter 261.
89 34 (3) Any debt which is in the form of a liquidated sum due,
89 35 owing, and payable to the clerk of the district court.
90 1 d. "State agency" means a board, commission, department,
90 2 including the department of administrative services, or other
90 3 administrative office or unit of the state of Iowa or any
90 4 other state entity reported in the Iowa comprehensive annual
90 5 financial report, or a political subdivision of the state, or
90 6 an office or unit of a political subdivision. "State agency"
90 7 does include the clerk of the district court as it relates to
90 8 the collection of a qualifying debt. "State agency" does not
90 9 include the general assembly or the governor.
90 10 2. Setoff procedure. The collection entity shall establish
90 11 and maintain a procedure to set off against any claim owed to
90 12 a person by a state agency any liability of that person owed
90 13 to a state agency, a support debt being enforced by the child
90 14 support recovery unit pursuant to chapter 252B, or such other
90 15 qualifying debt. The procedure shall only apply when at the
90 16 discretion of the director it is feasible. The procedure shall
90 17 meet the following conditions:
90 18 a. Before setoff, a person's liability to a state agency and
90 19 the person's claim on a state agency shall be in the form of a
90 20 liquidated sum due, owing, and payable.
90 21 b. Before setoff, the state agency shall obtain and forward
90 22 to the collection entity the full name and social security
90 23 number of the person liable to it or to whom a claim is owing
90 24 who is a natural person. If the person is not a natural person,
90 25 before setoff, the state agency shall forward to the collection
90 26 entity the information concerning the person as the collection
90 27 entity shall, by rule, require. The collection entity
90 28 shall cooperate with other state agencies in the exchange of
90 29 information relevant to the identification of persons liable
90 30 to or of claimants of state agencies. However, the collection
90 31 entity shall provide only relevant information required by a
90 32 state agency. The information shall be held in confidence
90 33 and used for the purpose of setoff only. Section 422.72,
90 34 subsection 1, does not apply to this paragraph.
90 35 c. Before setoff, a state agency shall, at least annually,
91 1 submit to the collection entity the information required
91 2 by paragraph "b" along with the amount of each person's
91 3 liability to and the amount of each claim on the state agency.
91 4 The collection entity may, by rule, require more frequent
91 5 submissions.
91 6 d. Before setoff, the amount of a person's claim on a state
91 7 agency and the amount of a person's liability to a state agency
91 8 shall constitute a minimum amount set by rule of the collection
91 9 entity.
91 10 e. Upon submission of an allegation of liability by a state
91 11 agency, the collection entity shall notify the state agency
91 12 whether the person allegedly liable is entitled to payment from
91 13 a state agency, and, if so entitled, shall notify the state
91 14 agency of the amount of the person's entitlement and of the
91 15 person's last address known to the collection entity. Section
91 16 422.72, subsection 1, does not apply to this paragraph.
91 17 f. (1) Upon notice of entitlement to a payment, the state
91 18 agency shall send written notification to that person of the
91 19 state agency's assertion of its rights to all or a portion of
91 20 the payment and of the state agency's entitlement to recover
91 21 the liability through the setoff procedure, the basis of
91 22 the assertion, the opportunity to request that a jointly or
91 23 commonly owned right to payment be divided among owners, and
91 24 the person's opportunity to give written notice of intent
91 25 to contest the amount of the allegation. The state agency
91 26 shall send a copy of the notice to the collection entity. A
91 27 state agency subject to chapter 17A shall give notice, conduct
91 28 hearings, and allow appeals in conformity with chapter 17A.
91 29 (2) However, upon submission of an allegation of the
91 30 liability of a person which is owing and payable to the
91 31 clerk of the district court and upon the determination by
91 32 the collection entity that the person allegedly liable is
91 33 entitled to payment from a state agency, the collection entity
91 34 shall send written notification to the person which states the
91 35 assertion by the clerk of the district court of rights to all
92 1 or a portion of the payment, the clerk's entitlement to recover
92 2 the liability through the setoff procedure, the basis of the
92 3 assertions, the person's opportunity to request within fifteen
92 4 days of the mailing of the notice that the collection entity
92 5 divide a jointly or commonly owned right to payment between
92 6 owners, the opportunity to contest the liability to the clerk
92 7 by written application to the clerk within fifteen days of the
92 8 mailing of the notice, and the person's opportunity to contest
92 9 the collection entity's setoff procedure.
92 10 g. Upon the timely request of a person liable to a state
92 11 agency or of the spouse of that person and upon receipt of the
92 12 full name and social security number of the person's spouse,
92 13 a state agency shall notify the collection entity of the
92 14 request to divide a jointly or commonly owned right to payment.
92 15 Any jointly or commonly owned right to payment is rebuttably
92 16 presumed to be owned in equal portions by its joint or common
92 17 owners.
92 18 h. The collection entity shall, after the state agency has
92 19 sent notice to the person liable or, if the liability is owing
92 20 and payable to the clerk of the district court, the collection
92 21 entity has sent notice to the person liable, set off the amount
92 22 owed to the agency against any amount which a state agency owes
92 23 that person. The collection entity shall refund any balance
92 24 of the amount to the person. The collection entity shall
92 25 periodically transfer amounts set off to the state agencies
92 26 entitled to them. If a person liable to a state agency gives
92 27 written notice of intent to contest an allegation, a state
92 28 agency shall hold a refund or rebate until final disposition
92 29 of the allegation. Upon completion of the setoff, a state
92 30 agency shall notify in writing the person who was liable or,
92 31 if the liability is owing and payable to the clerk of the
92 32 district court, shall comply with the procedures as provided
92 33 in paragraph "j".
92 34 i. The department of revenue's existing right to credit
92 35 against tax due or to become due under section 422.73 is not to
93 1 be impaired by a right granted to or a duty imposed upon the
93 2 collection entity or other state agency by this section. This
93 3 section is not intended to impose upon the collection entity or
93 4 the department of revenue any additional requirement of notice,
93 5 hearing, or appeal concerning the right to credit against tax
93 6 due under section 422.73.
93 7 j. If the alleged liability is owing and payable to the
93 8 clerk of the district court and setoff as provided in this
93 9 section is sought, all of the following shall apply:
93 10 (1) The judicial branch shall prescribe procedures to
93 11 permit a person to contest the amount of the person's liability
93 12 to the clerk of the district court.
93 13 (2) The collection entity shall, except for the procedures
93 14 described in subparagraph (1), prescribe any other applicable
93 15 procedures concerning setoff as provided in this subsection.
93 16 (3) Upon completion of the setoff, the collection entity
93 17 shall file, at least monthly, with the clerk of the district
93 18 court a notice of satisfaction of each obligation to the
93 19 full extent of all moneys collected in satisfaction of the
93 20 obligation. The clerk shall record the notice and enter a
93 21 satisfaction for the amounts collected and a separate written
93 22 notice is not required.
93 23 3. Priority claims. In the case of multiple claims to
93 24 payments filed under this section, priority shall be given to
93 25 claims filed by the child support recovery unit or the foster
93 26 care recovery unit, next priority shall be given to claims
93 27 filed by the college student aid commission, next priority
93 28 shall be given to claims filed by the investigations division
93 29 of the department of inspections and appeals, next priority
93 30 shall be given to claims filed by a clerk of the district
93 31 court, and last priority shall be given to claims filed by
93 32 other state agencies. In the case of multiple claims in which
93 33 the priority is not otherwise provided by this subsection,
93 34 priority shall be determined in accordance with rules to be
93 35 established by the director.
94 1 4. State reciprocal agreements. The director shall have
94 2 the authority to enter into reciprocal agreements with the
94 3 departments of revenue of other states that have enacted
94 4 legislation that is substantially equivalent to the setoff
94 5 procedure provided in this section for the recovery of an
94 6 amount due because of a default on a guaranteed student or
94 7 parental loan under chapter 261. A reciprocal agreement shall
94 8 also be approved by the college student aid commission. The
94 9 agreement shall authorize the department to provide by rule for
94 10 the setoff of state income tax refunds or rebates of defaulters
94 11 from states with which Iowa has a reciprocal agreement and to
94 12 provide for sending lists of names of Iowa defaulters to the
94 13 states with which Iowa has a reciprocal agreement for setoff of
94 14 that state's income tax refunds.
94 15 5. Agency reimbursements. Under substantive rules
94 16 established by the director, the department shall seek
94 17 reimbursement from other state agencies to recover its costs
94 18 for setting off liabilities.
94 19 Sec. 178. NEW SECTION. 8.75 Cost allocation system ==
94 20 appropriation.
94 21 The department shall develop and administer an indirect
94 22 cost allocation system for state agencies. The system shall
94 23 be based upon standard cost accounting methodologies and shall
94 24 be used to allocate both direct and indirect costs of state
94 25 agencies or state agency functions in providing centralized
94 26 services to other state agencies. A cost that is allocated to
94 27 a state agency pursuant to this system shall be billed to the
94 28 state agency and the cost is payable to the general fund of the
94 29 state. The source of payment for the billed cost shall be any
94 30 revenue source except for the general fund of the state. If a
94 31 state agency is authorized by law to bill and recover direct
94 32 expenses, the state agency shall recover indirect costs in the
94 33 same manner.
94 34 Sec. 179. NEW SECTION. 8.76 Accounting.
94 35 The director may at any time require any person receiving
95 1 money, securities, or property belonging to the state, or
95 2 having the management, disbursement, or other disposition of
95 3 them, an account of which is kept in the department, to render
95 4 statements of them and information in reference to them.
95 5 Sec. 180. NEW SECTION. 8.77 Stating account.
95 6 If an officer who is accountable to the state treasury for
95 7 any money or property neglects to render an account to the
95 8 director within the time prescribed by law, or if no time is so
95 9 prescribed, within twenty days after being required to do so by
95 10 the director, the director shall state an account against the
95 11 officer from the books of the officer's office, charging ten
95 12 percent damages on the whole sum appearing due, and interest
95 13 at the rate of six percent per annum on the aggregate from the
95 14 time when the account should have been rendered; all of which
95 15 may be recovered by action brought on the account, or on the
95 16 official bond of the officer.
95 17 Sec. 181. NEW SECTION. 8.78 Compelling payment.
95 18 If an officer fails to pay into the state treasury the amount
95 19 received by the officer within the time prescribed by law, or
95 20 having settled with the director, fails to pay the amount found
95 21 due, the director shall charge the officer with twenty percent
95 22 damages on the amount due, with interest on the aggregate from
95 23 the time the amount became due at the rate of six percent per
95 24 annum, and the whole may be recovered by an action brought on
95 25 the account, or on the official bond of the officer, and the
95 26 officer shall forfeit the officer's commission.
95 27 Sec. 182. NEW SECTION. 8.79 Defense to claim.
95 28 The penal provisions in sections 8.77 and 8.78 are subject
95 29 to any legal defense which the officer may have against the
95 30 account as stated by the director, but judgment for costs shall
95 31 be rendered against the officer in the action, whatever its
95 32 result, unless the officer rendered an account within the time
95 33 named in those sections.
95 34 Sec. 183. NEW SECTION. 8.80 Requested credits == oath
95 35 required.
96 1 When a county treasurer or other receiver of public moneys
96 2 seeks to obtain credit on the books of the department for
96 3 payment made to the county treasurer, before giving such credit
96 4 the director shall require that person to take and subscribe an
96 5 oath that the person has not used, loaned, or appropriated any
96 6 of the public moneys for the person's private benefit or for
96 7 the benefit of any other person.
96 8 Sec. 184. NEW SECTION. 8.81 Requisition for information.
96 9 In those cases where the director is authorized to call
96 10 upon persons or officers for information, or statements,
96 11 or accounts, the director may issue a requisition therefor
96 12 in writing to the person or officer called upon, allowing
96 13 reasonable time, which, having been served and return made to
96 14 the director, as a notice in a civil action, is evidence of the
96 15 making of the requisition.
96 16 Sec. 185. NEW SECTION. 8.82 Limits on claims.
96 17 The director is limited in authorizing the payment of
96 18 claims, as follows:
96 19 1. Funding limit.
96 20 a. A claim shall not be allowed by the department if the
96 21 appropriation or fund of certification available for paying the
96 22 claim has been exhausted or proves insufficient.
96 23 b. The authority of the director is subject to the following
96 24 exceptions:
96 25 (1) Claims by state employees for benefits pursuant to
96 26 chapters 85, 85A, 85B, and 86 are subject to limitations
96 27 provided in those chapters.
96 28 (2) Claims for medical assistance payments authorized under
96 29 chapter 249A are subject to the time limits imposed by rule
96 30 adopted by the department of human services.
96 31 (3) Claims approved by an agency according to the provisions
96 32 of section 25.2.
96 33 2. Convention expenses. Claims for expenses in attending
96 34 conventions, meetings, conferences, or gatherings of members
96 35 of an association or society organized and existing as a
97 1 quasi=public association or society outside the state of Iowa
97 2 shall not be allowed at public expense, unless authorized by
97 3 the executive council; and claims for these expenses outside
97 4 of the state shall not be allowed unless the voucher is
97 5 accompanied by the portion of the minutes of the executive
97 6 council, certified to by its secretary, showing that the
97 7 expense was authorized by the council. This section does not
97 8 apply to claims in favor of the governor, attorney general,
97 9 utilities board members, or to trips referred to in sections
97 10 97B.7A and 217.20.
97 11 3. Payment from fees. Claims for per diem and expenses
97 12 payable from fees shall not be approved for payment in excess
97 13 of those fees if the law provides that such expenditures are
97 14 limited to the special funds collected and deposited in the
97 15 state treasury.
97 16 Sec. 186. NEW SECTION. 8.83 Claims == approval.
97 17 The director before approving a claim on behalf of the
97 18 department shall determine:
97 19 1. That the creation of the claim is clearly authorized by
97 20 law. Statutes authorizing the expenditure may be referenced
97 21 through account coding authorized by the director.
97 22 2. That the claim has been authorized by an officer or
97 23 official body having legal authority to so authorize and that
97 24 the fact of authorization has been certified to the director by
97 25 such officer or official body.
97 26 3. That all legal requirements have been observed,
97 27 including notice and opportunity for competition, if required
97 28 by law.
97 29 4. That the claim is in proper form as the director may
97 30 provide.
97 31 5. That the charges are reasonable, proper, and correct and
97 32 no part of the claim has been paid.
97 33 Sec. 187. NEW SECTION. 8.84 Vouchers == interest == payment
97 34 of claims.
97 35 1. Before a warrant or its equivalent is issued for
98 1 a claim payable from the state treasury, the department
98 2 shall file an itemized voucher showing in detail the items
98 3 of service, expense, item furnished, or contract for which
98 4 payment is sought. However, the director may authorize the
98 5 prepayment of claims when the best interests of the state are
98 6 served under rules adopted by the director. The claimant's
98 7 original invoice shall be attached to a department's approved
98 8 voucher. The director shall adopt rules specifying the
98 9 form and contents for invoices submitted by a vendor to a
98 10 department. The requirements apply to acceptance of an invoice
98 11 by a department. A department shall not impose additional or
98 12 different requirements on submission of invoices than those
98 13 contained in rules of the director unless the director exempts
98 14 the department from the invoice requirements or a part of the
98 15 requirements upon a finding that compliance would result in
98 16 poor accounting or management practices.
98 17 2. Vouchers for postage, stamped envelopes, and postal
98 18 cards may be audited as soon as an order for them is entered.
98 19 3. The departments, the general assembly, and the courts
98 20 shall pay their claims in a timely manner. If a claim
98 21 for services, supplies, materials, or a contract which is
98 22 payable from the state treasury remains unpaid after sixty
98 23 days following the receipt of the claim or the satisfactory
98 24 delivery, furnishing, or performance of the services, supplies,
98 25 materials, or contract, whichever date is later, the state
98 26 shall pay interest at the rate of one percent per month on
98 27 the unpaid amount of the claim. This subsection does not
98 28 apply to claims against the state under chapters 25 and 669
98 29 or to claims paid by federal funds. The interest shall be
98 30 charged to the appropriation or fund to which the claim is
98 31 certified. Departments may enter into contracts for goods or
98 32 services on payment terms of less than sixty days if the state
98 33 may obtain a financial benefit or incentive which would not
98 34 otherwise be available from the vendor. The department, in
98 35 consultation with other affected departments, shall develop
99 1 policies to promote consistency and fiscal responsibility
99 2 relating to payment terms authorized under this subsection.
99 3 The director shall adopt rules under chapter 17A relating to
99 4 the administration of this subsection.
99 5 Sec. 188. NEW SECTION. 8.85 Warrants == form.
99 6 A warrant shall bear on its face the signature of the
99 7 director or its facsimile, or the signature of an assistant
99 8 or its facsimile in case of a vacancy in the office of the
99 9 director; a proper number, date, amount, and name of payee;
99 10 a reference to the law under which it is drawn; whether for
99 11 salaries or wages, services, or supplies, and what kind of
99 12 supplies; and from what office or department, or for what
99 13 other general or special purposes; or in lieu thereof, a
99 14 coding system may be used, which particulars shall be entered
99 15 in a warrant register kept for that purpose in the order of
99 16 issuance; and as soon as practicable after issuing a warrant
99 17 register, the director shall certify a duplicate of it to the
99 18 treasurer of state.
99 19 Sec. 189. NEW SECTION. 8.86 Required payee.
99 20 All warrants shall be drawn to the order of the person
99 21 entitled to payment or compensation, except that when goods
99 22 or materials are purchased in foreign countries, warrants may
99 23 be drawn upon the treasurer of state, payable to the bearer
99 24 for the net amount of invoice and current exchange, and the
99 25 treasurer of state shall furnish a foreign draft payable to the
99 26 order of the person from whom purchase is made.
99 27 Sec. 190. NEW SECTION. 8.87 Prohibited payee.
99 28 In no case shall warrants be drawn in the name of the
99 29 certifying office, department, board, or institution, or in
99 30 the name of an employee, except for personal service rendered
99 31 or expense incurred by the employee, unless express statutory
99 32 authority exists therefor.
99 33 Sec. 191. NEW SECTION. 8.88 Claims exceeding
99 34 appropriations.
99 35 A claim shall not be allowed when the claim will exceed the
100 1 amount specifically appropriated for the claim.
100 2 Sec. 192. NEW SECTION. 8.89 Cancellation of state warrants.
100 3 On the last business day of each month, the director shall
100 4 cancel and request the treasurer of state to stop payment on
100 5 all state warrants which have been outstanding and unredeemed
100 6 by the treasurer of state for six months or longer.
100 7 Sec. 193. Section 8.9, subsection 1, Code Supplement 2009,
100 8 is amended to read as follows:
100 9 1. The office of grants enterprise management is
100 10 established in the department of management. The function of
100 11 the office is to develop and administer a system to track,
100 12 identify, advocate for, and coordinate nonstate grants as
100 13 defined in section 8.2, subsections 1 and 3. Staffing for
100 14 the office of grants enterprise management shall be provided
100 15 by a facilitator appointed by the director of the department
100 16 of management. Additional staff may be hired, subject to the
100 17 availability of funding. Funding for the office is from the
100 18 appropriation to the department pursuant to section 8A.505,
100 19 subsection 2.
100 20 Sec. 194. Section 8.31, subsection 4, Code 2009, is amended
100 21 to read as follows:
100 22 4. The procedure to be employed in controlling the
100 23 expenditures and receipts of the state fair board and
100 24 the institutions under the state board of regents, whose
100 25 collections are not deposited in the state treasury, is that
100 26 outlined in section 8A.502 8.72, subsection 9.
100 27 Sec. 195. Section 8A.102, subsection 2, Code 2009, is
100 28 amended to read as follows:
100 29 2. The person appointed as director shall be professionally
100 30 qualified by education and have no less than five years'
100 31 experience in the field of management, public or private sector
100 32 personnel administration including the application of merit
100 33 principles in employment, financial management, and policy
100 34 development and implementation. The appointment shall be made
100 35 without regard for political affiliation. The director shall
101 1 not be a member of any local, state, or national committee
101 2 of a political party, an officer or member of a committee in
101 3 any partisan political club or organization, or hold or be a
101 4 candidate for a paid elective public office. The director is
101 5 subject to the restrictions on political activity provided
101 6 in section 8A.416. The governor shall set the salary of the
101 7 director within pay grade nine.
101 8 Sec. 196. Section 8A.103, unnumbered paragraph 1, Code
101 9 2009, is amended to read as follows:
101 10 The department is created for the purpose of managing and
101 11 coordinating the major resources of state government including
101 12 the human, financial, physical, and information resources of
101 13 state government.
101 14 Sec. 197. Section 8A.104, subsection 12, Code 2009, is
101 15 amended to read as follows:
101 16 12. Serve as the chief information officer for the
101 17 state. However, the director may designate a person in the
101 18 department to serve in this capacity at the discretion of
101 19 the director. If the director designates a person to serve
101 20 as chief information officer, the person designated shall be
101 21 professionally qualified by education and have no less than
101 22 five years' experience in the fields field of information
101 23 technology and financial management.
101 24 Sec. 198. Section 8A.111, subsection 11, Code 2009, is
101 25 amended by striking the subsection.
101 26 Sec. 199. Section 8A.204, subsection 3, paragraph b, Code
101 27 2009, is amended to read as follows:
101 28 b. Work with the department of management and the state
101 29 accounting enterprise of the department, pursuant to section
101 30 8A.502, to maintain the relevancy of the central budget and
101 31 proprietary control accounts of the general fund of the state
101 32 and special funds to information technology, as those terms are
101 33 defined in section 8.2, of state government.
101 34 Sec. 200. Section 8A.323, subsection 5, Code 2009, is
101 35 amended to read as follows:
102 1 5. Any fine that remains unpaid upon becoming delinquent
102 2 may be collected by the department pursuant to the setoff
102 3 procedures provided for in section 8A.504 8.74. For purposes
102 4 of this subsection, a fine becomes delinquent if it has not
102 5 been paid within thirty days of the date of the issuance of the
102 6 parking citation, unless a written request for a hearing is
102 7 filed as provided pursuant to the rules of the department. If
102 8 an appeal is filed and the citation is upheld, the fine becomes
102 9 delinquent ten days after the issuance of the final decision on
102 10 the appeal or thirty=one days after the date of the issuance of
102 11 the parking citation, whichever is later.
102 12 Sec. 201. Section 11.2, subsection 1, paragraph b, Code
102 13 2009, is amended to read as follows:
102 14 b. Provided further, that a preliminary audit of the
102 15 educational institutions and the state fair board shall be made
102 16 periodically, at least quarterly, to check the monthly reports
102 17 submitted to the director of the department of administrative
102 18 services as required by section 8A.502 8.72, subsection 9, and
102 19 that a final audit of such state agencies shall be made at the
102 20 close of each fiscal year.
102 21 Sec. 202. Section 25.2, subsection 5, Code 2009, is amended
102 22 to read as follows:
102 23 5. Outstanding state warrants that have been canceled
102 24 pursuant to section 8A.519 8.89 and were charged to the general
102 25 fund of the state or another state funding source shall be
102 26 addressed as provided in section 556.2C.
102 27 Sec. 203. Section 96.11, subsection 16, Code 2009, is
102 28 amended to read as follows:
102 29 16. Reimbursement of setoff costs. The department shall
102 30 include in the amount set off in accordance with section
102 31 8A.504 8.74, for the collection of an overpayment created
102 32 pursuant to section 96.3, subsection 7, or section 96.16,
102 33 subsection 4, an additional amount for the reimbursement of
102 34 setoff costs incurred by the department of administrative
102 35 services.
103 1 Sec. 204. Section 97B.7A, subsection 5, Code 2009, is
103 2 amended to read as follows:
103 3 5. Travel. In the administration of the investment of
103 4 moneys in the retirement fund, employees of the system and
103 5 members of the board may travel outside the state for the
103 6 purpose of meeting with investment firms and consultants and
103 7 attending conferences and meetings to fulfill their fiduciary
103 8 responsibilities. This travel is not subject to section
103 9 8A.512 8.82, subsection 2.
103 10 Sec. 205. Section 99D.2, subsection 3, Code 2009, is amended
103 11 to read as follows:
103 12 3. "Claimant agency" means a state agency as defined
103 13 in section 8A.504 8.74, subsection 1, or the state court
103 14 administrator as defined in section 602.1101.
103 15 Sec. 206. Section 99D.28, subsection 2, Code 2009, is
103 16 amended to read as follows:
103 17 2. The licensee is authorized and directed to withhold
103 18 any winnings of a debtor which are paid out directly by the
103 19 licensee subject to the lien created by this section and
103 20 provide notice of such withholding to the winner when the
103 21 winner appears and claims winnings in person. The licensee
103 22 shall pay the funds over to the collection entity which
103 23 administers the setoff program pursuant to section 8A.504 8.74.
103 24 Sec. 207. Section 99F.1, subsection 4, Code 2009, is amended
103 25 to read as follows:
103 26 4. "Claimant agency" means a state agency as defined
103 27 in section 8A.504 8.74, subsection 1, or the state court
103 28 administrator as defined in section 602.1101.
103 29 Sec. 208. Section 99F.19, subsection 2, Code 2009, is
103 30 amended to read as follows:
103 31 2. The licensee is authorized and directed to withhold
103 32 any winnings of a debtor which are paid out directly by the
103 33 licensee subject to the lien created by this section and
103 34 provide notice of such withholding to the winner when the
103 35 winner appears and claims winnings in person. The licensee
104 1 shall pay the funds over to the collection entity which
104 2 administers the setoff program pursuant to section 8A.504 8.74.
104 3 Sec. 209. Section 99G.38, subsection 3, Code 2009, is
104 4 amended to read as follows:
104 5 3. The state of Iowa offset program, as provided in section
104 6 8A.504 8.74, shall be available to the authority to facilitate
104 7 receipt of funds owed to the authority.
104 8 Sec. 210. Section 217.34, Code 2009, is amended to read as
104 9 follows:
104 10 217.34 Debt setoff.
104 11 The investigations division of the department of inspections
104 12 and appeals and the department of human services shall provide
104 13 assistance to set off against a person's or provider's income
104 14 tax refund or rebate any debt which has accrued through written
104 15 contract, subrogation, departmental recoupment procedures,
104 16 or court judgment and which is in the form of a liquidated
104 17 sum due and owing the department of human services. The
104 18 department of inspections and appeals, with approval of the
104 19 department of human services, shall adopt rules under chapter
104 20 17A necessary to assist the department of administrative
104 21 services management in the implementation of the setoff under
104 22 section 8A.504 8.74 in regard to money owed to the state
104 23 for public assistance overpayments. The department of human
104 24 services shall adopt rules under chapter 17A necessary to
104 25 assist the department of administrative services management in
104 26 the implementation of the setoff under section 8A.504 8.74, in
104 27 regard to collections by the child support recovery unit and
104 28 the foster care recovery unit.
104 29 Sec. 211. Section 218.58, subsection 5, Code 2009, is
104 30 amended to read as follows:
104 31 5. A claim for payment relating to a project shall be
104 32 itemized on a voucher form pursuant to section 8A.514 8.84,
104 33 certified by the claimant and the architect or engineer
104 34 in charge, and audited and approved by the department of
104 35 administrative services management. Upon approval by the
105 1 department of administrative services management, the director
105 2 of the department of administrative services management shall
105 3 draw a warrant to be paid by the treasurer of state from funds
105 4 appropriated for the project. A partial payment made before
105 5 completion of the project does not constitute final acceptance
105 6 of the work or a waiver of any defect in the work.
105 7 Sec. 212. Section 218.85, Code 2009, is amended to read as
105 8 follows:
105 9 218.85 Uniform system of accounts.
105 10 The director of human services through the administrators
105 11 in control of the institutions shall install in all the
105 12 institutions the most modern, complete, and uniform system of
105 13 accounts, records, and reports possible. The system shall be
105 14 prescribed by the director of the department of administrative
105 15 services management as authorized in section 8A.502 8.72,
105 16 subsection 13, and, among other matters, shall clearly show
105 17 the detailed facts relative to the handling and uses of all
105 18 purchases.
105 19 Sec. 213. Section 234.8, Code 2009, is amended to read as
105 20 follows:
105 21 234.8 Fees for child welfare services.
105 22 The department of human services may charge a fee for
105 23 child welfare services to a person liable for the cost of the
105 24 services. The fee shall not exceed the reasonable cost of the
105 25 services. The fee shall be based upon the person's ability
105 26 to pay and consideration of the fee's impact upon the liable
105 27 person's family and the goals identified in the case permanency
105 28 plan. The department may assess the liable person for the fee
105 29 and the means of recovery shall include a setoff against an
105 30 amount owed by a state agency to the person assessed pursuant
105 31 to section 8A.504 8.74. In addition the department may
105 32 establish an administrative process to recover the assessment
105 33 through automatic income withholding. The department shall
105 34 adopt rules pursuant to chapter 17A to implement the provisions
105 35 of this section. This section does not apply to court=ordered
106 1 services provided to juveniles which are a charge upon the
106 2 state pursuant to section 232.141 and services for which the
106 3 department has established a support obligation pursuant to
106 4 section 234.39.
106 5 Sec. 214. Section 252B.5, subsection 4, Code Supplement
106 6 2009, is amended to read as follows:
106 7 4. Assistance to set off against a debtor's income tax
106 8 refund or rebate any support debt, which is assigned to
106 9 the department of human services or which the child support
106 10 recovery unit is attempting to collect on behalf of any
106 11 individual not eligible as a public assistance recipient, which
106 12 has accrued through written contract, subrogation, or court
106 13 judgment, and which is in the form of a liquidated sum due
106 14 and owing for the care, support, or maintenance of a child.
106 15 Unless the periodic payment plan provisions for a retroactive
106 16 modification pursuant to section 598.21C apply, the entire
106 17 amount of a judgment for accrued support, notwithstanding
106 18 compliance with a periodic payment plan or regardless of the
106 19 date of entry of the judgment, is due and owing as of the date
106 20 of entry of the judgment and is delinquent for the purposes of
106 21 setoff, including for setoff against a debtor's federal income
106 22 tax refund or other federal nontax payment. The department
106 23 of human services shall adopt rules pursuant to chapter
106 24 17A necessary to assist the department of administrative
106 25 services management in the implementation of the child support
106 26 setoff as established under section 8A.504 8.74.
106 27 Sec. 215. Section 261.37, subsection 7, Code 2009, is
106 28 amended to read as follows:
106 29 7. To establish an effective system for the collection of
106 30 delinquent loans, including the adoption of an agreement with
106 31 the department of administrative services management to set off
106 32 against a defaulter's income tax refund or rebate the amount
106 33 that is due because of a default on a guaranteed or parental
106 34 loan made under this division. The commission shall adopt
106 35 rules under chapter 17A necessary to assist the department of
107 1 administrative services management in the implementation of
107 2 the student loan setoff program as established under section
107 3 8A.504 8.74. The commission shall apply administrative wage
107 4 garnishment procedures authorized under the federal Higher
107 5 Education Act of 1965, as amended and codified in 20 U.S.C.
107 6 { 1071 et seq., for all delinquent loans, including loans
107 7 authorized under section 261.38, when a defaulter who is
107 8 financially capable of paying fails to voluntarily enter into a
107 9 reasonable payment agreement. In no case shall the commission
107 10 garnish more than the amount authorized by federal law for
107 11 all loans being collected by the commission, including those
107 12 authorized under section 261.38.
107 13 Sec. 216. Section 321.11A, subsection 1, paragraph c, Code
107 14 2009, is amended to read as follows:
107 15 c. The department of administrative services management for
107 16 the purpose of administering the setoff program pursuant to
107 17 section 8A.504 8.74.
107 18 Sec. 217. Section 321.31, subsection 1, unnumbered
107 19 paragraph 3, Code 2009, is amended to read as follows:
107 20 The director shall maintain a records system of delinquent
107 21 accounts owed to the state using information provided through
107 22 the computerized data bank established in section 421.17. The
107 23 department and county treasurers shall use the information
107 24 maintained in the records system to determine if applicants
107 25 for renewal of registration have delinquent accounts, charges,
107 26 fees, loans, taxes, or other indebtedness owed to or being
107 27 collected by the state as provided pursuant to section
107 28 8A.504 8.74. The director, the director of the department of
107 29 administrative services management, and the director of revenue
107 30 shall establish procedures for updating the delinquent accounts
107 31 records to add and remove accounts, as applicable.
107 32 Sec. 218. Section 321.40, subsection 6, Code Supplement
107 33 2009, is amended to read as follows:
107 34 6. The department or the county treasurer shall refuse to
107 35 renew the registration of a vehicle registered to the applicant
108 1 if the department or the county treasurer knows that the
108 2 applicant has a delinquent account, charge, fee, loan, taxes,
108 3 or other indebtedness owed to or being collected by the state,
108 4 from information provided pursuant to sections 8A.504 8.74 and
108 5 421.17. An applicant may contest this action by requesting a
108 6 contested case proceeding from the agency that referred the
108 7 debt for collection pursuant to section 8A.504 8.74.
108 8 Sec. 219. Section 331.552, subsection 5, Code 2009, is
108 9 amended to read as follows:
108 10 5. Account for, report, and pay into the state treasury any
108 11 money, property, or securities received on behalf of the state
108 12 as provided in sections 8A.506 to 8A.508 8.76 to 8.78.
108 13 Sec. 220. Section 422.12D, subsection 4, Code 2009, is
108 14 amended to read as follows:
108 15 4. The department shall adopt rules to implement this
108 16 section. However, before a checkoff pursuant to this section
108 17 shall be permitted, all liabilities on the books of the
108 18 department of administrative services management and accounts
108 19 identified as owing under section 8A.504 8.74 and the political
108 20 contribution allowed under section 68A.601 shall be satisfied.
108 21 Sec. 221. Section 422.12K, subsection 2, Code Supplement
108 22 2009, is amended to read as follows:
108 23 2. The director of revenue shall draft the income tax form
108 24 to allow the designation of contributions to the child abuse
108 25 prevention program fund on the tax return. The department of
108 26 revenue, on or before January 31, shall transfer the total
108 27 amount designated on the tax return forms due in the preceding
108 28 calendar year to the child abuse prevention program fund.
108 29 However, before a checkoff pursuant to this section shall be
108 30 permitted, all liabilities on the books of the department of
108 31 administrative services management and accounts identified as
108 32 owing under section 8A.504 8.74 and the political contribution
108 33 allowed under section 68A.601 shall be satisfied.
108 34 Sec. 222. Section 422.12L, subsection 2, Code 2009, is
108 35 amended to read as follows:
109 1 2. The director of revenue shall draft the income tax form
109 2 to allow the designation of contributions to the veterans trust
109 3 fund and to the volunteer fire fighter preparedness fund as
109 4 one checkoff on the tax return. The department of revenue,
109 5 on or before January 31, shall transfer one=half of the total
109 6 amount designated on the tax return forms due in the preceding
109 7 calendar year to the veterans trust fund and the remaining
109 8 one=half to the volunteer fire fighter preparedness fund.
109 9 However, before a checkoff pursuant to this section shall be
109 10 permitted, all liabilities on the books of the department of
109 11 administrative services management and accounts identified as
109 12 owing under section 8A.504 8.74 and the political contribution
109 13 allowed under section 68A.601 shall be satisfied.
109 14 Sec. 223. Section 422.20, subsection 3, paragraph a, Code
109 15 2009, is amended to read as follows:
109 16 a. Unless otherwise expressly permitted by section
109 17 8A.504 8.74, section 421.17, subsections 22, 23, and 26,
109 18 sections 252B.9, 321.120, 421.19, 421.28, 422.72, and 452A.63,
109 19 and this section, a tax return, return information, or
109 20 investigative or audit information shall not be divulged to any
109 21 person or entity, other than the taxpayer, the department, or
109 22 internal revenue service for use in a matter unrelated to tax
109 23 administration.
109 24 Sec. 224. Section 422.72, subsection 3, paragraph a, Code
109 25 2009, is amended to read as follows:
109 26 a. Unless otherwise expressly permitted by section
109 27 8A.504 8.74, section 421.17, subsections 22, 23, and 26,
109 28 sections 252B.9, 321.120, 421.19, 421.28, 422.20, and 452A.63,
109 29 and this section, a tax return, return information, or
109 30 investigative or audit information shall not be divulged to any
109 31 person or entity, other than the taxpayer, the department, or
109 32 internal revenue service for use in a matter unrelated to tax
109 33 administration.
109 34 Sec. 225. Section 456A.16, unnumbered paragraph 7, Code
109 35 2009, is amended to read as follows:
110 1 The department shall adopt rules to implement this section.
110 2 However, before a checkoff pursuant to this section shall be
110 3 permitted, all liabilities on the books of the department of
110 4 administrative services management and accounts identified as
110 5 owing under section 8A.504 8.74 and the political contribution
110 6 allowed under section 68A.601 shall be satisfied.
110 7 Sec. 226. Section 556.2C, subsection 1, paragraph a, Code
110 8 2009, is amended to read as follows:
110 9 a. An unpaid, outdated warrant that is canceled pursuant to
110 10 section 8A.519 8.89 shall be included in a list of outstanding
110 11 state warrants maintained by the director of the department of
110 12 administrative services management. On or before July 1 of
110 13 each year, the director of the department of administrative
110 14 services management shall provide the office of the treasurer
110 15 of state with a consolidated list of such outstanding warrants
110 16 that have not been previously reported to the office.
110 17 Sec. 227. Section 602.8102, subsection 58A, Code 2009, is
110 18 amended to read as follows:
110 19 58A. Assist the department of administrative services
110 20 management in setting off against debtors' income tax refunds
110 21 or rebates under section 8A.504 8.74, debts which are due,
110 22 owing, and payable to the clerk of the district court as
110 23 criminal fines, civil penalties, surcharges, or court costs.
110 24 Sec. 228. Section 602.8107, subsection 4, paragraph a, Code
110 25 Supplement 2009, is amended to read as follows:
110 26 a. This subsection does not apply to amounts collected for
110 27 victim restitution, the victim compensation fund, the criminal
110 28 penalty surcharge, sex offender civil penalty, drug abuse
110 29 resistance education surcharge, the law enforcement initiative
110 30 surcharge, county enforcement surcharge, amounts collected as
110 31 a result of procedures initiated under subsection 5 or under
110 32 section 8A.504 8.74, or fees charged pursuant to section 356.7.
110 33 Sec. 229. Section 642.2, subsection 4, Code 2009, is amended
110 34 to read as follows:
110 35 4. Notwithstanding subsections 2, 3, 6, and 7, any
111 1 moneys owed to the child support obligor by the state, with
111 2 the exception of unclaimed property held by the treasurer
111 3 of state pursuant to chapter 556, and payments owed to the
111 4 child support obligor through the Iowa public employees'
111 5 retirement system are subject to garnishment, attachment,
111 6 execution, or assignment by the child support recovery unit
111 7 if the child support recovery unit is providing enforcement
111 8 services pursuant to chapter 252B. Any moneys that are
111 9 determined payable by the treasurer pursuant to section 556.20,
111 10 subsection 2, to the child support obligor shall be subject to
111 11 setoff pursuant to section 8A.504 8.74, notwithstanding any
111 12 administrative rule pertaining to the child support recovery
111 13 unit limiting the amount of the offset.
111 14 Sec. 230. REPEAL. Sections 8A.502, 8A.503, 8A.504, 8A.506,
111 15 8A.507, 8A.508, 8A.509, 8A.510, 8A.511, 8A.512, 8A.513, 8A.514,
111 16 8A.515, 8A.516, 8A.517, 8A.518, and 8A.519, Code 2009, are
111 17 repealed.
111 18 Sec. 231. REPEAL. Section 8A.505, Code Supplement 2009, is
111 19 repealed.
111 20 Sec. 232. DEPARTMENT OF MANAGEMENT == CENTRALIZED
111 21 PAYROLL SYSTEM. The department of management shall examine
111 22 the possibility of merging all state payroll systems into
111 23 the centralized payroll system operated by the department.
111 24 The department shall consult with those entities of state
111 25 government not utilizing the centralized payroll system,
111 26 including but not limited to the state department of
111 27 transportation, about strategies for encouraging utilization
111 28 of the state's centralized payroll system and by identifying
111 29 those barriers preventing merging of the payroll systems.
111 30 The department shall provide information to the joint
111 31 appropriations subcommittee on administration and regulation
111 32 concerning efforts by the department to merge payroll systems
111 33 and any recommendations for legislative action to encourage, or
111 34 eliminate barriers to, the provision of payroll services by the
111 35 department to other state agencies.
112 1 Sec. 233. DEPARTMENT OF MANAGEMENT == PAYROLL
112 2 FREQUENCY. The department of management shall implement to the
112 3 greatest extent possible a reduction in the frequency of paying
112 4 state employees by paying employees through the payroll system
112 5 on a semimonthly instead of a biweekly basis.
112 6 DIVISION XV
112 7 ADMINISTRATION AND REGULATION APPROPRIATIONS
112 8 Sec. 234. DEPARTMENT OF REVENUE == EXAMINERS. There
112 9 is appropriated from the general fund of the state to the
112 10 department of revenue for the fiscal year beginning July 1,
112 11 2010, and ending June 30, 2011, the following amount, or so
112 12 much thereof as is necessary, to be used for the purposes
112 13 designated:
112 14 For salaries, support, maintenance, miscellaneous purposes,
112 15 and for not more than the following full=time equivalent
112 16 positions:
112 17 .................................................. $ 325,000
112 18 ............................................... FTEs 5.00
112 19 The moneys appropriated in this section shall be utilized by
112 20 the department to hire five additional examiners.
112 21 Sec. 235. DEPARTMENT OF MANAGEMENT == GRANTS ENTERPRISE
112 22 MANAGEMENT. There is appropriated from the general fund of
112 23 the state to the department of management for the fiscal year
112 24 beginning July 1, 2010, and ending June 30, 2011, the following
112 25 amount, or so much thereof as is necessary, to be used for the
112 26 purposes designated:
112 27 For the office of grants enterprise management, including
112 28 salaries, support, maintenance, miscellaneous purposes, and for
112 29 not more than the following full=time equivalent position:
112 30 .................................................. $ 175,000
112 31 ............................................... FTEs 1.00
112 32 Of the moneys appropriated in this section, $50,000 shall
112 33 be used by the department of management to create and fill
112 34 an additional position in the office of grants enterprise
112 35 management.
113 1 DIVISION XVI
113 2 ELIMINATION OF STATE ENTITIES
113 3 ENTITIES ASSOCIATED WITH THE DEPARTMENT OF AGRICULTURE AND
113 4 LAND STEWARDSHIP
113 5 Sec. 236. Section 159.20, subsection 1, paragraph j, Code
113 6 Supplement 2009, is amended to read as follows:
113 7 j. Assist the office of renewable fuels and coproducts
113 8 and the renewable fuels and coproducts advisory committee in
113 9 administering the provisions of chapter 159A.
113 10 Sec. 237. Section 159A.1, subsection 3, Code 2009, is
113 11 amended to read as follows:
113 12 3. This state adopts a policy of enhancing agricultural
113 13 production by encouraging the development and use of fuels and
113 14 coproducts derived from agricultural commodities, as provided
113 15 in this chapter, including rules adopted by the office of
113 16 renewable fuels and coproducts and the renewable fuels and
113 17 coproducts advisory committee.
113 18 Sec. 238. Section 159A.2, subsection 2, Code 2009, is
113 19 amended by striking the subsection.
113 20 Sec. 239. Section 159A.3, subsection 2, paragraph h, Code
113 21 Supplement 2009, is amended by striking the paragraph.
113 22 Sec. 240. Section 159A.3, subsection 2, paragraph i, Code
113 23 Supplement 2009, is amended by striking the paragraph.
113 24 Sec. 241. Section 159A.3, subsection 4, Code Supplement
113 25 2009, is amended to read as follows:
113 26 4. The office and state entities, including the department,
113 27 the committee, the Iowa department of economic development,
113 28 the state department of transportation, the office of energy
113 29 independence, and the state board of regents institutions,
113 30 shall cooperate to implement this section.
113 31 Sec. 242. Section 159A.6, Code Supplement 2009, is amended
113 32 to read as follows:
113 33 159A.6 Education, promotion, and advertising.
113 34 1. The office shall support do all of the following:
113 35 a. Support education regarding, and promotion and
114 1 advertising of, renewable fuels and coproducts. The office
114 2 shall consult with the Iowa corn growers association and the
114 3 Iowa soybean association.
114 4 2. b. The office shall promote Promote the advantages
114 5 related to the use of renewable fuels as an alternative to
114 6 nonrenewable fuels. Promotions shall be designed to inform the
114 7 ultimate consumer of advantages associated with using renewable
114 8 fuels, and emphasize the benefits to the natural environment.
114 9 The promotion shall inform consumers at the businesses of
114 10 retail dealers of motor vehicle fuels.
114 11 3. c. The committee shall develop Develop standards for
114 12 decals required pursuant to section 214A.16, which shall be
114 13 designed to promote the advantages of using renewable fuels.
114 14 The standards may be incorporated within a model decal adopted
114 15 by the committee and approved by the office.
114 16 4. d. The office shall promote Promote the advantages
114 17 related to the use of coproducts derived from the production
114 18 of renewable fuels, including the use of coproducts used as
114 19 livestock feed or meal. Promotions shall be designed to
114 20 inform the potential purchasers of the advantages associated
114 21 with using coproducts. The office shall promote advantages
114 22 associated with using coproducts of ethanol production as
114 23 livestock feed or meal to cattle producers in this state.
114 24 5. 2. The office may contract to provide all or part of
114 25 these the services described in subsection 1.
114 26 Sec. 243. Section 159A.7, subsection 2, Code Supplement
114 27 2009, is amended to read as follows:
114 28 2. Moneys in the fund shall be used only to carry out
114 29 the provisions of this section and sections 159A.3, 159A.4,
114 30 159A.5, 159A.6, 159A.6A, and 159A.6B within the state of Iowa.
114 31 Sec. 244. Section 190C.1, subsection 2, Code 2009, is
114 32 amended by striking the subsection.
114 33 Sec. 245. Section 190C.2B, subsection 1, Code 2009, is
114 34 amended to read as follows:
114 35 1. The department shall implement and administer the
115 1 provisions of this chapter for agricultural products that have
115 2 been produced and handled within this state using organic
115 3 methods as provided in this chapter. The department may
115 4 consult with the council in implementing and administering this
115 5 chapter. The department may certify agricultural products that
115 6 have been produced and handled outside this state using an
115 7 organic method as provided in this chapter.
115 8 Sec. 246. Section 190C.3, subsection 2, Code 2009, is
115 9 amended to read as follows:
115 10 2. The department may request assistance from the council
115 11 as provided in section 190C.2A or from one or more regional
115 12 organic associations as provided in section 190C.6.
115 13 Sec. 247. Section 214A.1, subsection 7, Code 2009, is
115 14 amended by striking the subsection.
115 15 Sec. 248. Section 214A.1, Code 2009, is amended by adding
115 16 the following new subsection:
115 17 NEW SUBSECTION. 17A. "Office" means the office of renewable
115 18 fuels and coproducts created pursuant to section 159A.3.
115 19 Sec. 249. Section 214A.2, subsection 1, Code Supplement
115 20 2009, is amended to read as follows:
115 21 1. The department shall adopt rules pursuant to chapter
115 22 17A for carrying out this chapter. The rules may include, but
115 23 are not limited to, specifications relating to motor fuel,
115 24 including but not limited to renewable fuel such as ethanol
115 25 blended gasoline, biodiesel, biodiesel blended fuel, and
115 26 motor fuel components such as an oxygenate. In the interest
115 27 of uniformity, the department shall adopt by reference other
115 28 specifications relating to tests and standards for motor fuel
115 29 including renewable fuel and motor fuel components, established
115 30 by the United States environmental protection agency and
115 31 A.S.T.M. international. In adopting standards for a renewable
115 32 fuel, the department shall consult with the committee.
115 33 Sec. 250. Section 422.11N, subsection 4, paragraph b,
115 34 unnumbered paragraph 2, Code 2009, is amended to read as
115 35 follows:
116 1 If the governor finds that exigent circumstances exist, the
116 2 governor may reduce the applicable biofuel threshold percentage
116 3 by replacing it with an adjusted biofuel threshold percentage.
116 4 The governor shall consult with the department of revenue
116 5 and the office of renewable fuels and coproducts advisory
116 6 committee established pursuant to section 159A.4 159A.3.
116 7 The governor shall make the adjustment by giving notice of
116 8 intent to issue a proclamation which shall take effect not
116 9 earlier than thirty=five days after publication in the Iowa
116 10 administrative bulletin of a notice to issue the proclamation.
116 11 The governor shall provide a period of notice and comment in
116 12 the same manner as provided in section 17A.4, subsection 1.
116 13 The adjusted biofuel threshold percentage shall be effective
116 14 for the following determination period.
116 15 Sec. 251. Section 469.3, subsection 2, paragraph m, Code
116 16 Supplement 2009, is amended to read as follows:
116 17 m. Coordinate with other state agencies regarding
116 18 implementation of the office of renewable fuels and coproducts
116 19 pursuant to section 159A.3, serve on the renewable fuels
116 20 and coproducts advisory committee, and assist in providing
116 21 technical assistance to new or existing renewable fuel
116 22 production facilities.
116 23 Sec. 252. REPEAL. Section 159A.4, Code Supplement 2009, is
116 24 repealed.
116 25 Sec. 253. REPEAL. Sections 159A.5, 190C.2, and 190C.2A,
116 26 Code 2009, are repealed. Sec. 254.
116 27 REPEAL. Chapter 175A, Code 2009, is repealed. Sec. 255.
116 28 GRAPE AND WINE DEVELOPMENT FUND. This division
116 29 of this Act does not affect the expenditure of moneys by the
116 30 department of agriculture and land stewardship to satisfy any
116 31 obligations or encumbrances of moneys in the grape and wine
116 32 development fund created in section 175A.5, if the obligations
116 33 or encumbrances were incurred prior to the effective date of
116 34 this division of this Act. Moneys credited to the grape and
116 35 wine development fund that are unobligated or unencumbered at
117 1 the close of the fiscal year ending June 30, 2010, shall be
117 2 transferred to the wine gallonage tax fund created in section
117 3 123.183 in the same manner as a reversion.
117 4 DIVISION XVII
117 5 ELIMINATION OF STATE ENTITIES
117 6 ENTITIES ASSOCIATED WITH THE DEPARTMENT OF NATURAL RESOURCES'
117 7 CONTROL OF THE NATURAL HABITAT
117 8 Sec. 256. 2008 Iowa Acts, chapter 1080, section 1,
117 9 subsection 6, is amended to read as follows:
117 10 6. This section is repealed on July 1, 2010 the effective
117 11 date of this section of this division of this Act.
117 12 Sec. 257. REPEAL. 2009 Iowa Acts, chapter 144, section 49,
117 13 is repealed.
117 14 Sec. 258. EFFECTIVE UPON ENACTMENT. The following
117 15 provisions of this division of this Act, being deemed of
117 16 immediate importance, take effect upon enactment:
117 17 The section of this Act amending 2008 Iowa Acts, chapter
117 18 1080, section 1, concerning the sustainable natural resource
117 19 funding advisory committee.
117 20 The sections of this Act repealing 2009 Iowa Acts, chapter
117 21 144, section 49, establishing an upland game bird study
117 22 advisory committee.
117 23 DIVISION XVIII
117 24 ELIMINATION OF STATE ENTITIES
117 25 ENTITIES ASSOCIATED WITH THE DEPARTMENT OF NATURAL RESOURCES ==
117 26 IOWA CLIMATE CHANGE ADVISORY COUNCIL Sec. 259.
117 27 Section 455B.104, Code Supplement 2009, is
117 28 amended by adding the following new subsections:
117 29 NEW SUBSECTION. 3. The department may periodically forward
117 30 recommendations to the commission designed to encourage the
117 31 reduction of statewide greenhouse gas emissions.
117 32 NEW SUBSECTION. 4. By September 1 of each year, the
117 33 department shall submit a report to the governor and the
117 34 general assembly regarding the greenhouse gas emissions in the
117 35 state during the previous calendar year and forecasting trends
118 1 in such emissions. The first submission by the department
118 2 shall be filed by September 1, 2011, for the calendar year
118 3 beginning January 1, 2010. Sec. 260.
118 4 Section 455B.851, Code 2009, is amended by adding
118 5 the following new subsection:
118 6 NEW SUBSECTION. 10. This section is repealed July 1, 2011. Sec. 261.
118 7 Section 473.7, subsection 12, paragraph b, Code
118 8 Supplement 2009, is amended by striking the paragraph.
118 9 DIVISION XIX
118 10 IOWA COMPREHENSIVE PETROLEUM UNDERGROUND
118 11 STORAGE TANK FUND BOARD
118 12 Sec. 262. Section 15G.201, subsection 10, Code 2009, is
118 13 amended by striking the subsection.
118 14 Sec. 263. Section 15G.202, subsection 6, Code 2009, is
118 15 amended to read as follows:
118 16 6. The infrastructure board shall meet with three
118 17 or more members of the underground storage tank fund
118 18 board who shall represent the underground storage tank
118 19 fund board the department of natural resources. The
118 20 representatives department of natural resources shall
118 21 be available to advise the infrastructure board when the
118 22 infrastructure board makes decisions regarding the awarding
118 23 of financial incentives to a person under a renewable fuel
118 24 infrastructure program provided in section 15G.203 or 15G.204. Sec. 264.
118 25 Section 15G.203, subsection 2, Code Supplement
118 26 2009, is amended to read as follows:
118 27 2. A person may apply to the department to receive financial
118 28 incentives on a cost=share basis. The department shall forward
118 29 the applications to the underground storage tank fund board
118 30 as required by that board for evaluation and recommendation.
118 31 The underground storage tank fund board may rank evaluate the
118 32 applications with comments and shall, make recommendations,
118 33 and forward them to the infrastructure board for approval or
118 34 disapproval. The department shall award financial incentives
118 35 on a cost=share basis to an eligible person whose application
119 1 was approved by the infrastructure board. Sec. 265.
119 2 Section 15G.204, subsection 1, Code 2009, is
119 3 amended to read as follows:
119 4 1. A person may apply to the department to receive financial
119 5 incentives on a cost=share basis. The department shall forward
119 6 the applications to the underground storage tank fund board
119 7 as required by that board for evaluation and recommendation.
119 8 The underground storage tank fund board may rank evaluate the
119 9 applications with comments and shall, make recommendations,
119 10 and forward them to the infrastructure board for approval or
119 11 disapproval. The department shall award financial incentives
119 12 on a cost=share basis to an eligible person whose application
119 13 was approved by the infrastructure board.
119 14 Sec. 266. Section 16.1, subsection 1, paragraph ad,
119 15 subparagraph (12), Code Supplement 2009, is amended by striking
119 16 the subparagraph.
119 17 Sec. 267. Section 68B.35, subsection 2, paragraph e, Code
119 18 Supplement 2009, is amended to read as follows:
119 19 e. Members of the state banking council, the ethics and
119 20 campaign disclosure board, the credit union review board, the
119 21 economic development board, the employment appeal board, the
119 22 environmental protection commission, the health facilities
119 23 council, the Iowa finance authority, the Iowa public employees'
119 24 retirement system investment board, the board of the Iowa
119 25 lottery authority, the natural resource commission, the
119 26 board of parole, the petroleum underground storage tank
119 27 fund board, the public employment relations board, the state
119 28 racing and gaming commission, the state board of regents,
119 29 the tax review board, the transportation commission, the
119 30 office of consumer advocate, the utilities board, the Iowa
119 31 telecommunications and technology commission, and any full=time
119 32 members of other boards and commissions as defined under
119 33 section 7E.4 who receive an annual salary for their service
119 34 on the board or commission. The Iowa ethics and campaign
119 35 disclosure board shall conduct an annual review to determine
120 1 if members of any other board, commission, or authority should
120 2 file a statement and shall require the filing of a statement
120 3 pursuant to rules adopted pursuant to chapter 17A.
120 4 Sec. 268. Section 424.1, subsections 3 through 5, Code 2009,
120 5 are amended to read as follows:
120 6 3. The director of revenue shall enter into a contract or
120 7 agreement with the board department of natural resources to
120 8 provide assistance requested by the board department of natural
120 9 resources. Policy issues arising under this chapter or chapter
120 10 455G shall be determined by the board department of natural
120 11 resources, and the board department of natural resources shall
120 12 be joined as a real party in interest when a policy issue is
120 13 raised.
120 14 4. The board environmental protection commission shall
120 15 retain rulemaking authority, but may contract with the
120 16 department of revenue for assistance in drafting rules. The
120 17 board commission shall retain contested case jurisdiction over
120 18 any challenge to the diminution rate or cost factor. The
120 19 department of revenue shall conduct all other contested cases
120 20 and be responsible for other agency action in connection with
120 21 the environmental protection charge imposed under this chapter.
120 22 5. The board department of natural resources shall
120 23 reimburse the department of revenue by contract for the
120 24 reasonable cost of administration of the environmental
120 25 protection charge imposed under this chapter and for other
120 26 duties delegated to the department of revenue or to the
120 27 director of revenue by the board department of natural
120 28 resources.
120 29 Sec. 269. Section 424.2, subsection 1, Code 2009, is amended
120 30 by striking the subsection.
120 31 Sec. 270. Section 424.3, subsection 5, Code Supplement
120 32 2009, is amended to read as follows:
120 33 5. The cost factor is an amount per gallon of
120 34 diminution determined by the board department of natural
120 35 resources pursuant to this subsection. The board department
121 1 of natural resources, after public hearing, shall determine,
121 2 or shall adjust, the cost factor to the greater of either an
121 3 amount reasonably calculated to generate an annual average
121 4 revenue, year to year, of seventeen million dollars from the
121 5 charge, excluding penalties and interest, or ten dollars. The
121 6 board department of natural resources may determine or adjust
121 7 the cost factor at any time but shall at minimum determine the
121 8 cost factor at least once each fiscal year.
121 9 Sec. 271. Section 424.5, subsections 1 and 5, Code 2009, are
121 10 amended to read as follows:
121 11 1. It is unlawful for any person to deposit petroleum into
121 12 a tank in this state, unless a depositor permit has been issued
121 13 to that person under this section. A depositor shall file with
121 14 the department an application for a permit. An application
121 15 for a permit shall be made upon a form prescribed by the
121 16 board department of natural resources and shall set forth the
121 17 name under which the applicant transacts or intends to transact
121 18 business, the location or locations of the applicant's place
121 19 of business, and any other information as the board department
121 20 of natural resources may require. The application shall
121 21 be signed by the owner if a natural person; in the case of
121 22 an association or partnership, by a member or partner; in
121 23 the case of a corporation, by an executive officer or some
121 24 person specifically authorized by the corporation to sign the
121 25 application, to which shall be attached the written evidence of
121 26 the person's authority.
121 27 5. If the holder of a permit fails to comply with any
121 28 of the provisions of this chapter or any order or rule of
121 29 the department, or rule of the environmental protection
121 30 commission, or order of the board department of natural
121 31 resources pursuant to this chapter, or is substantially
121 32 delinquent in the payment of a tax or charge administered by
121 33 the department or the interest or penalty on the tax or charge,
121 34 the director may revoke the permit.
121 35 Sec. 272. Section 424.6, subsection 1, unnumbered paragraph
122 1 2, Code 2009, is amended to read as follows:
122 2 The department shall permit a credit against the charge due
122 3 from a person operating an eligible underground bulk storage
122 4 facility equal to the total volume of petroleum transferred or
122 5 sold from a tank in bulk quantities and delivered to a person
122 6 for deposit in a tank which is exempt, deferred, or excluded
122 7 pursuant to this subsection, multiplied by the diminution rate
122 8 multiplied by the cost factor, subject to rules adopted by the
122 9 board environmental protection commission. "Bulk quantities" as
122 10 used in this paragraph means at least a portion of a standard
122 11 tanker truck load. "Eligible underground bulk storage facility"
122 12 means an underground bulk storage facility in operation on or
122 13 before January 1, 1990.
122 14 Sec. 273. Section 424.6, subsection 6, Code 2009, is amended
122 15 to read as follows:
122 16 6. The board department of natural resources may waive
122 17 the requirement for an exemption certificate for one or more
122 18 classes of exempt, deferred, or excluded tanks, if in the
122 19 board's department of natural resources' judgment an exemption
122 20 certificate is not required for effective and efficient
122 21 collection of the charge. If an exemption certificate is not
122 22 required for a class pursuant to this subsection, the depositor
122 23 shall maintain and file such records and information as may be
122 24 required by the director regarding deposits into a tank subject
122 25 to the waiver.
122 26 Sec. 274. Section 424.11, subsection 1, paragraph b, Code
122 27 Supplement 2009, is amended to read as follows:
122 28 b. The environmental protection charge lien shall attach at
122 29 the time the charge becomes due and payable and shall continue
122 30 for ten years from the time the lien attaches unless sooner
122 31 released or otherwise discharged. The lien may be extended,
122 32 within ten years from the date the lien attaches, by filing
122 33 for record a notice with the appropriate county official of
122 34 the appropriate county and from the time of such filing, the
122 35 lien shall be extended to the property in such county for ten
123 1 years, unless sooner released or otherwise discharged, with no
123 2 limit on the number of extensions. The director shall charge
123 3 off any account whose lien is allowed to lapse and may charge
123 4 off any account and release the corresponding lien before the
123 5 lien has lapsed if the director determines under uniform rules
123 6 adopted by the board environmental protection commission that
123 7 the account is uncollectible or collection costs involved would
123 8 not warrant collection of the amount due.
123 9 Sec. 275. Section 424.15, unnumbered paragraph 2, Code
123 10 2009, is amended to read as follows:
123 11 Refunds may be made only from the unallocated or uncommitted
123 12 moneys in the road use tax fund, and are limited by the
123 13 total amount budgeted by the board department of natural
123 14 resources for charge refunds.
123 15 Sec. 276. Section 424.16, subsections 1 and 2, Code
123 16 Supplement 2009, are amended to read as follows:
123 17 1. a. The board department of natural resources shall
123 18 notify each person who has previously filed an environmental
123 19 protection charge return, and any other person known to the
123 20 board department of natural resources who will owe the charge
123 21 at any address obtainable for that person, at least thirty days
123 22 in advance of the start of any calendar quarter during which an
123 23 administrative change in the cost factor, pursuant to section
123 24 424.3, subsection 5, becomes effective.
123 25 b. Notice shall be provided by mailing a notice of the
123 26 change to the address listed on the person's last return.
123 27 The mailing of the notice is presumptive evidence of the
123 28 receipt of the notice by the person to whom addressed. The
123 29 board department of natural resources shall also publish the
123 30 same notice at least twice in a paper of general circulation
123 31 within the state at least thirty days in advance of the first
123 32 day of the calendar quarter during which a change in paragraph
123 33 "a" becomes effective.
123 34 2. A notice authorized or required under this section may
123 35 be given by mailing the notice to the person for whom it is
124 1 intended, addressed to that person at the address given in the
124 2 last return filed by the person pursuant to this chapter, or if
124 3 no return has been filed, then to any address obtainable. The
124 4 mailing of the notice is presumptive evidence of the receipt
124 5 of the notice by the person to whom addressed. Any period
124 6 of time which is determined according to this chapter by the
124 7 giving of notice commences to run from the date of mailing of
124 8 the notice. Neither mailed notice or notice by publication
124 9 is required for the initial determination and imposition of
124 10 the charge. The board department of natural resources shall
124 11 undertake to provide reasonable notice of the environmental
124 12 protection charge and procedures, as in the board's department
124 13 of natural resources' sole discretion it deems appropriate,
124 14 provided that the actual charge and procedures are published in
124 15 the Iowa administrative bulletin prior to the effective date
124 16 of the charge.
124 17 Sec. 277. Section 427B.20, subsection 1, paragraph a, Code
124 18 Supplement 2009, is amended to read as follows:
124 19 a. "Actual portion of the costs paid by the owner or operator
124 20 of an underground storage tank in connection with a remedial
124 21 action for which the Iowa comprehensive petroleum underground
124 22 storage tank fund shares in the cost of corrective action" means
124 23 the amount determined by the fund's board department of natural
124 24 resources, or the board's designee of the department of natural
124 25 resources, as the administrator of the Iowa comprehensive
124 26 petroleum underground storage tank fund, and for which the
124 27 owner or operator was not reimbursed from any other source.
124 28 Sec. 278. Section 455B.471, subsection 1, Code 2009, is
124 29 amended by striking the subsection.
124 30 Sec. 279. Section 455B.474, subsection 1, paragraph f,
124 31 subparagraphs (9) and (10), Code Supplement 2009, are amended
124 32 to read as follows:
124 33 (9) Replacement or upgrade of a tank on a site classified
124 34 as a high or low risk site shall be equipped with a secondary
124 35 containment system with monitoring of the space between
125 1 the primary and secondary containment structures or other
125 2 board department approved tank system or methodology.
125 3 (10) The commission and the board shall cooperate to ensure
125 4 that remedial measures required by the corrective action
125 5 rules adopted pursuant to this paragraph are reasonably
125 6 cost=effective and shall, to the fullest extent possible, avoid
125 7 duplicating and conflicting requirements.
125 8 Sec. 280. Section 455B.474, subsection 9, paragraph d, Code
125 9 Supplement 2009, is amended to read as follows:
125 10 d. The certification of groundwater professionals shall not
125 11 impose liability on the board, the department, or the fund for
125 12 any claim or cause of action of any nature, based on the action
125 13 or inaction of a groundwater professional certified pursuant
125 14 to this subsection.
125 15 Sec. 281. Section 455B.477, subsection 7, Code 2009, is
125 16 amended to read as follows:
125 17 7. The civil penalties or other damages or moneys recovered
125 18 by the state or the petroleum underground storage tank fund
125 19 in connection with a petroleum underground storage tank under
125 20 this part of this division or chapter 455G shall be credited to
125 21 the fund created in section 455G.3 and allocated between fund
125 22 accounts according to the fund budget. Any federal moneys,
125 23 including but not limited to federal underground storage tank
125 24 trust fund moneys, received by the state or the department of
125 25 natural resources in connection with a release occurring on
125 26 or after May 5, 1989, or received generally for underground
125 27 storage tank programs on or after May 5, 1989, shall be
125 28 credited to the fund created in section 455G.3 and allocated
125 29 between fund accounts according to the fund budget, unless
125 30 such use would be contrary to federal law. The department
125 31 shall cooperate with the board of the Iowa comprehensive
125 32 petroleum underground storage tank fund to maximize the state's
125 33 eligibility for and receipt of federal funds for underground
125 34 storage tank related purposes. Sec. 282.
125 35 Section 455B.479, Code 2009, is amended to read
126 1 as follows:
126 2 455B.479 Storage tank management fee.
126 3 An owner or operator of an underground storage tank shall
126 4 pay an annual storage tank management fee of sixty=five
126 5 dollars per tank of over one thousand one hundred gallons
126 6 capacity. Twenty=three percent of the The fees collected
126 7 shall be deposited in the storage tank management account of
126 8 the groundwater protection fund. Seventy=seven percent of the
126 9 fees collected shall be deposited in the Iowa comprehensive
126 10 petroleum underground storage tank fund created in chapter
126 11 455G. Sec. 283.
126 12 Section 455E.11, subsection 2, paragraph d, Code
126 13 Supplement 2009, is amended to read as follows:
126 14 d. A storage tank management account. All fees
126 15 collected pursuant to section 455B.473, subsection 5, and
126 16 section 455B.479, shall be deposited in the storage tank
126 17 management account, except those moneys deposited into the
126 18 Iowa comprehensive petroleum underground storage tank fund
126 19 pursuant to section 455B.479. Funds. Moneys deposited in the
126 20 account shall be expended for the following purposes:
126 21 (1) One thousand dollars is appropriated annually to the
126 22 Iowa department of public health to carry out departmental
126 23 duties under section 135.11, subsections 19 and 20, and section
126 24 139A.21.
126 25 (2) Twenty=three percent of the proceeds of the fees
126 26 imposed pursuant to section 455B.473, subsection 5, and
126 27 section 455B.479 shall be deposited in the account annually,
126 28 up to a maximum of three hundred fifty thousand dollars. If
126 29 twenty=three percent of the proceeds exceeds three hundred
126 30 fifty thousand dollars, the excess shall be deposited into the
126 31 fund created in section 455G.3. Three hundred fifty thousand
126 32 dollars is The moneys remaining in the account after the
126 33 appropriation in subparagraph (1) are appropriated from the
126 34 storage tank management account to the department of natural
126 35 resources for the administration of a state storage tank
127 1 program pursuant to chapter 455B, division IV, part 8, and for
127 2 programs which reduce the potential for harm to the environment
127 3 and the public health from storage tanks.
127 4 (3) The remaining funds in the account are appropriated
127 5 annually to the Iowa comprehensive petroleum underground
127 6 storage tank fund.
127 7 Sec. 284. Section 455G.1, subsection 2, paragraph c, Code
127 8 Supplement 2009, is amended to read as follows:
127 9 c. If and when federal law changes, the department
127 10 of natural resources commission shall adopt by rule
127 11 such additional requirements, exemptions, deferrals, or
127 12 exclusions as required by federal law. It is expected that
127 13 certain classes of tanks currently exempted or excluded by
127 14 federal regulation will be regulated by the United States
127 15 environmental protection agency in the future. A tank
127 16 which is not required by federal law to maintain proof of
127 17 financial responsibility shall not be subject to department
127 18 of natural resources commission rules on proof of financial
127 19 responsibility.
127 20 Sec. 285. Section 455G.2, subsection 1, Code 2009, is
127 21 amended by striking the subsection.
127 22 Sec. 286. Section 455G.2, subsections 2, 5, 6, and 12, Code
127 23 2009, are amended to read as follows:
127 24 2. "Board" means the Iowa comprehensive petroleum
127 25 underground storage tank fund board.
127 26 5. "Community remediation" means a program of coordinated
127 27 testing, planning, or remediation, involving two or more tank
127 28 sites potentially connected with a continuous contaminated
127 29 area, pursuant to rules adopted by the board commission. A
127 30 community remediation does not expand the scope of coverage
127 31 otherwise available or relieve liability otherwise imposed
127 32 under state or federal law.
127 33 6. "Corrective action" means an action taken to minimize,
127 34 eliminate, or clean up a release to protect the public
127 35 health and welfare or the environment. Corrective action
128 1 includes, but is not limited to, excavation of an underground
128 2 storage tank for the purposes of repairing a leak or removal
128 3 of a tank, removal of contaminated soil, and cleansing of
128 4 groundwaters or surface waters. Corrective action does
128 5 not include replacement of an underground storage tank or
128 6 other capital improvements to the tank. Corrective action
128 7 specifically excludes third=party liability. Corrective action
128 8 includes the expenses incurred to prepare a site cleanup report
128 9 for approval by the department of natural resources detailing
128 10 the planned response to a release or suspected release, but not
128 11 necessarily all actions proposed to be taken by a site cleanup
128 12 report.
128 13 12. "Insurance" includes any form of financial assistance
128 14 or showing of financial responsibility sufficient to comply
128 15 with the federal Resource Conservation and Recovery Act or the
128 16 Iowa department of natural resources' department's underground
128 17 storage tank financial responsibility rules.
128 18 Sec. 287. Section 455G.2, subsection 3, Code 2009, is
128 19 amended to read as follows:
128 20 3. "Bond" means a bond, note, or other obligation issued by
128 21 the authority treasurer of state for the fund and the purposes
128 22 of this chapter.
128 23 Sec. 288. Section 455G.2, Code 2009, is amended by adding
128 24 the following new subsections:
128 25 NEW SUBSECTION. 4A. "Commission" means the environmental
128 26 protection commission created pursuant to section 455A.6.
128 27 NEW SUBSECTION. 6A. "Department" means the department of
128 28 natural resources created pursuant to section 455A.2.
128 29 Sec. 289. Section 455G.3, subsections 1, 2, and 5, Code
128 30 2009, are amended to read as follows:
128 31 1. The Iowa comprehensive petroleum underground storage
128 32 tank fund is created as a separate fund in the state treasury,
128 33 and any funds remaining in the fund at the end of each fiscal
128 34 year shall not revert to the general fund but shall remain
128 35 in the Iowa comprehensive petroleum underground storage tank
129 1 fund. Interest or other income earned by the fund shall
129 2 be deposited in the fund. The fund shall include moneys
129 3 credited to the fund under this section, section 321.145,
129 4 subsection 2, paragraph "a", and sections 455G.8 and 455G.9,
129 5 and section 455G.11, Code 2003, and other funds which by
129 6 law may be credited to the fund. The moneys in the fund are
129 7 appropriated to and for the purposes of the board department as
129 8 provided in this chapter. Amounts in the fund shall not be
129 9 subject to appropriation for any other purpose by the general
129 10 assembly, but shall be used only for the purposes set forth
129 11 in this chapter. The treasurer of state department shall act
129 12 as custodian of the fund and disburse amounts contained in
129 13 it as directed by the board department including automatic
129 14 disbursements of funds as received pursuant to the terms of
129 15 bond indentures and documents and security provisions to
129 16 trustees and custodians. The treasurer of state department is
129 17 authorized to invest the funds deposited in the fund at
129 18 the direction of the board department and subject to any
129 19 limitations contained in any applicable bond proceedings.
129 20 The income from such investment shall be credited to and
129 21 deposited in the fund. The fund shall be administered by
129 22 the board department which shall make expenditures from the
129 23 fund consistent with the purposes of the programs set out in
129 24 this chapter without further appropriation. The fund may be
129 25 divided into different accounts with different depositories as
129 26 determined by the board department and to fulfill the purposes
129 27 of this chapter.
129 28 2. The board department shall assist Iowa's owners and
129 29 operators of petroleum underground storage tanks in complying
129 30 with federal environmental protection agency technical and
129 31 financial responsibility regulations by establishment of the
129 32 Iowa comprehensive petroleum underground storage tank fund.
129 33 The authority treasurer of state may issue its bonds, or series
129 34 of bonds, to assist the board department, as provided in this
129 35 chapter.
130 1 5. For purposes of payment of refunds of the environmental
130 2 protection charge under section 424.15 by the department
130 3 of revenue, the treasurer of state department of natural
130 4 resources shall allocate to the department of administrative
130 5 services the total amount budgeted by the fund's
130 6 board department of natural resources for environmental
130 7 protection charge refunds. Any unused funds shall be remitted
130 8 to the treasurer of state department of natural resources.
130 9 Sec. 290. Section 455G.4, Code Supplement 2009, is amended
130 10 to read as follows:
130 11 455G.4 Governing board Duties.
130 12 1. Members of the board.
130 13 a. The Iowa comprehensive petroleum underground storage tank
130 14 fund board is established consisting of the following members:
130 15 (1) The director of the department of natural resources, or
130 16 the director's designee.
130 17 (2) The treasurer of state, or the treasurer's designee.
130 18 (3) The commissioner of insurance, or the commissioner's
130 19 designee.
130 20 (4) Two public members appointed by the governor and
130 21 confirmed by the senate to staggered four=year terms, except
130 22 that, of the first members appointed, one public member shall
130 23 be appointed for a term of two years and one for a term of four
130 24 years. A public member shall have experience, knowledge, and
130 25 expertise of the subject matter embraced within this chapter.
130 26 Two public members shall be appointed with experience in
130 27 either, or both, financial markets or insurance.
130 28 (5) Two owners or operators appointed by the governor.
130 29 One of the owners or operators appointed pursuant to this
130 30 subparagraph shall have been a petroleum systems insured
130 31 through the underground storage tank insurance fund as it
130 32 existed on June 30, 2004, or a successor to the underground
130 33 storage tank insurance fund and shall have been an insured
130 34 through the insurance account of the comprehensive petroleum
130 35 underground storage tank fund on or before October 26, 1990.
131 1 One of the owners or operators appointed pursuant to this
131 2 subparagraph shall be self=insured.
131 3 (6) The director of the legislative services agency, or
131 4 the director's designee. The director under this subparagraph
131 5 shall not participate as a voting member of the board.
131 6 b. A public member appointed pursuant to paragraph "a",
131 7 subparagraph (4), shall not have a conflict of interest. For
131 8 purposes of this section, a "conflict of interest" means an
131 9 affiliation, within the twelve months before the member's
131 10 appointment, with the regulated tank community, or with a
131 11 person or property and casualty insurer offering competitive
131 12 insurance or other means of financial assurance or which
131 13 previously offered environmental hazard insurance for a member
131 14 of the regulated tank community.
131 15 c. The filling of positions reserved for public
131 16 representatives, vacancies, membership terms, payment of
131 17 compensation and expenses, and removal of members are governed
131 18 by chapter 69. Members of the board are entitled to receive
131 19 reimbursement of actual expenses incurred in the discharge of
131 20 their duties within the limits of funds appropriated to the
131 21 board or made available to the fund. Each member of the board
131 22 may also be eligible to receive compensation as provided in
131 23 section 7E.6. The members shall elect a voting chairperson of
131 24 the board from among the members of the board.
131 25 2. Department cooperation with board. The director of
131 26 the department of natural resources shall cooperate with the
131 27 board in the implementation of this part so as to minimize
131 28 unnecessary duplication of effort, reporting, or paperwork and
131 29 maximize environmental protection.
131 30 3. Rules and emergency rules.
131 31 1. a. The board commission shall adopt rules regarding
131 32 its practice and procedures, develop underwriting standards,
131 33 establish procedures for investigating and settling claims made
131 34 against the fund, and otherwise implement and administer this
131 35 chapter.
132 1 b. Rules necessary for the implementation and collection of
132 2 the environmental protection charge shall be adopted.
132 3 c. Rules to facilitate and encourage the use of community
132 4 remediation whenever possible shall be adopted.
132 5 d. The board commission shall adopt rules relating to
132 6 appeal procedures which shall require the administrator to
132 7 deliver notice of appeal to be delivered to the affected
132 8 parties within fifteen days of receipt of notice, require
132 9 that the hearing be held within one hundred eighty days of
132 10 the filing of the petition unless good cause is shown for
132 11 the delay, and require that a final decision be issued no
132 12 later than one hundred twenty days following the close of the
132 13 hearing. The time restrictions in this paragraph may be waived
132 14 by mutual agreement of the parties.
132 15 4. Public bid.
132 16 2. All contracts entered into by the board department,
132 17 including contracts relating to community remediation, shall be
132 18 awarded on a competitive basis to the maximum extent practical.
132 19 In those situations where it is determined that public
132 20 bidding is not practical, the basis for the determination of
132 21 impracticability shall be documented by the board department or
132 22 its designee. This subsection applies only to contracts
132 23 entered into on or after July 1, 1992.
132 24 5. Contract approval.
132 25 3. a. The board commission shall approve any contract
132 26 entered into pursuant to this chapter if the cost of the
132 27 contract exceeds seventy=five thousand dollars.
132 28 b. A listing of all contracts entered into pursuant to this
132 29 chapter shall be presented at each board commission meeting
132 30 and shall be made available to the public. The listing shall
132 31 state the interested parties to the contract, the amount of the
132 32 contract, and the subject matter of the contract.
132 33 c. The board commission shall be required to review and
132 34 approve or disapprove the administrator's department's failure
132 35 to approve a contract under section 455G.12A. Review by the
133 1 board commission shall not be required for cancellation or
133 2 replacement of a contract for a site included in a community
133 3 remediation project or when an emergency situation exists.
133 4 6. Reporting.
133 5 4. Beginning July 2003, the board department shall submit
133 6 a written report quarterly to the legislative council, the
133 7 chairperson and ranking member of the committee on environment
133 8 and energy independence in the senate, and the chairperson
133 9 and ranking member of the committee on environmental
133 10 protection in the house of representatives regarding changes
133 11 in the status of the program including but not limited to
133 12 the number of open claims by claim type; the number of new
133 13 claims submitted and the eligibility status of each claim;
133 14 a summary of the risk classification of open claims; the
133 15 status of all claims at high=risk sites including the number
133 16 of corrective action design reports submitted, approved, and
133 17 implemented during the reporting period; total moneys reserved
133 18 on open claims and total moneys paid on open claims; and a
133 19 summary of budgets approved and invoices paid for high=risk
133 20 site activities including a breakdown by corrective action
133 21 design report, construction and equipment, implementation,
133 22 operation and maintenance, monitoring, over excavation, free
133 23 product recovery, site reclassification, reporting and other
133 24 expenses, or a similar breakdown. In each report submitted
133 25 by the board department, the board department shall include
133 26 an estimated timeline to complete corrective action at all
133 27 currently eligible high=risk sites where a corrective action
133 28 design report has been submitted by a claimant and approved
133 29 during the reporting period. The timeline shall include the
133 30 projected year when a no further action designation will be
133 31 obtained based upon the corrective action activities approved
133 32 or anticipated at each claimant site. The timeline shall be
133 33 broken down in annual increments with the number or percentage
133 34 of sites projected to be completed for each time period. The
133 35 report shall identify and report steps taken to expedite
134 1 corrective action and eliminate the state's liability for open
134 2 claims.
134 3 Sec. 291. Section 455G.5, Code 2009, is amended to read as
134 4 follows:
134 5 455G.5 Independent contractors to be retained by
134 6 board department.
134 7 The board shall administer the fund. A contract entered
134 8 into on or after July 1, 1992, to retain a person to act as the
134 9 administrator of the fund shall be subject to public bid. All
134 10 other contracts to retain a person under this section shall be
134 11 in compliance with the public bidding requirements of section
134 12 455G.4, subsection 4.
134 13 The board department may enter into a contract or an
134 14 agreement authorized under chapter 28E with a private agency
134 15 or person, the department of natural resources, the Iowa
134 16 finance authority, the department of administrative services,
134 17 the department of revenue, other departments, agencies, or
134 18 governmental subdivisions of this state, another state, or
134 19 the United States, in connection with its administration and
134 20 implementation of this chapter or chapter 424 or 455B.
134 21 The board department may reimburse a contractor, public
134 22 or private, retained pursuant to this section for expenses
134 23 incurred in the execution of a contract or agreement.
134 24 Reimbursable expenses include, by way of example, but not
134 25 exclusion, the costs of collecting the environmental protection
134 26 charge or administering specific delegated duties or powers of
134 27 the board department.
134 28 Sec. 292. Section 455G.6, unnumbered paragraph 1, Code
134 29 Supplement 2009, is amended to read as follows:
134 30 In administering the fund, the board department has all of
134 31 the general powers reasonably necessary and convenient to carry
134 32 out its purposes and duties and may do any of the following,
134 33 subject to express limitations contained in this chapter:
134 34 Sec. 293. Section 455G.6, subsections 1, 7, 8, 9, 10, 12,
134 35 15, 16, and 17, Code Supplement 2009, are amended to read as
135 1 follows:
135 2 1. Guarantee secured and unsecured loans, and enter into
135 3 agreements for corrective action, acquisition and construction
135 4 of tank improvements, and provide for the insurance program.
135 5 The loan guarantees may be made to a person or entity owning
135 6 or operating a tank. The board department may take any action
135 7 which is reasonable and lawful to protect its security and to
135 8 avoid losses from its loan guarantees.
135 9 7. The board department may contract with the
135 10 authority treasurer of state for the authority treasurer of
135 11 state to issue bonds and do all things necessary with respect
135 12 to the purposes of the fund, as set out in the contract between
135 13 the board department and the authority treasurer of state.
135 14 The board department may delegate to the authority treasurer
135 15 of state and the authority treasurer of state shall then
135 16 have all of the powers of the board department which are
135 17 necessary to issue and secure bonds and carry out the
135 18 purposes of the fund, to the extent provided in the contract
135 19 between the board department and the authority treasurer
135 20 of state. The authority treasurer of state may issue the
135 21 authority's treasurer of state's bonds in principal amounts
135 22 which, in the opinion of the board department, are necessary to
135 23 provide sufficient funds for the fund, the payment of interest
135 24 on the bonds, the establishment of reserves to secure the
135 25 bonds, the costs of issuance of the bonds, other expenditures
135 26 of the authority treasurer of state incident to and necessary
135 27 or convenient to carry out the bond issue for the fund, and
135 28 all other expenditures of the board department necessary or
135 29 convenient to administer the fund. The bonds are investment
135 30 securities and negotiable instruments within the meaning of and
135 31 for purposes of the uniform commercial code, chapter 554.
135 32 8. Bonds issued under this section are payable solely
135 33 and only out of the moneys, assets, or revenues of the fund,
135 34 all of which may be deposited with trustees or depositories
135 35 in accordance with bond or security documents and pledged
136 1 by the board department to the payment thereof, and are not
136 2 an indebtedness of this state or the authority, or a charge
136 3 against the general credit or general fund of the state or the
136 4 authority, and the state shall not be liable for any financial
136 5 undertakings with respect to the fund. Bonds issued under
136 6 this chapter shall contain on their face a statement that the
136 7 bonds do not constitute an indebtedness of the state or the
136 8 authority.
136 9 9. The proceeds of bonds issued by the authority treasurer
136 10 of state and not required for immediate disbursement may be
136 11 deposited with a trustee or depository as provided in the
136 12 bond documents and invested in any investment approved by
136 13 the authority treasurer of state and specified in the trust
136 14 indenture, resolution, or other instrument pursuant to which
136 15 the bonds are issued without regard to any limitation otherwise
136 16 provided by law.
136 17 10. The bonds shall be:
136 18 a. In a form, issued in denominations, executed in a manner,
136 19 and payable over terms and with rights of redemption, and be
136 20 subject to such other terms and conditions as prescribed in the
136 21 trust indenture, resolution, or other instrument authorizing
136 22 their issuance.
136 23 b. Negotiable instruments under the laws of the state and
136 24 may be sold at prices, at public or private sale, and in a
136 25 manner, as prescribed by the authority treasurer of state.
136 26 Chapters 73A, 74, 74A and 75 do not apply to their sale or
136 27 issuance of the bonds.
136 28 c. Subject to the terms, conditions, and covenants providing
136 29 for the payment of the principal, redemption premiums, if
136 30 any, interest, and other terms, conditions, covenants, and
136 31 protective provisions safeguarding payment, not inconsistent
136 32 with this chapter and as determined by the trust indenture,
136 33 resolution, or other instrument authorizing their issuance.
136 34 12. Bonds must be authorized by a trust indenture,
136 35 resolution, or other instrument of the authority treasurer of
137 1 state, approved by the board department. However, a trust
137 2 indenture, resolution, or other instrument authorizing the
137 3 issuance of bonds may delegate to an officer of the issuer the
137 4 power to negotiate and fix the details of an issue of bonds.
137 5 15. a. Subject to the terms of any bond documents, moneys
137 6 in the fund or fund accounts may be expended for administration
137 7 expenses, civil penalties, moneys paid under an agreement,
137 8 stipulation, or settlement, for the costs associated with sites
137 9 within a community remediation project, for costs related to
137 10 contracts entered into with a state agency or university, costs
137 11 for activities relating to litigation, or for the costs of any
137 12 other activities as the board department may determine are
137 13 necessary and convenient to facilitate compliance with and
137 14 to implement the intent of federal laws and regulations and
137 15 this chapter. For purposes of this chapter, administration
137 16 expenses include expenses incurred by the underground storage
137 17 tank section of the department of natural resources in relation
137 18 to tanks regulated under this chapter. Moneys in the fund
137 19 or fund accounts shall not be expended by the department for
137 20 administrative expenses.
137 21 b. The authority granted under this subsection which allows
137 22 the board department to expend fund moneys on an activity
137 23 the board department determines is necessary and convenient
137 24 to facilitate compliance with and to implement the intent of
137 25 federal laws and regulations and this chapter, shall only be
137 26 used in accordance with the following:
137 27 (1) Prior board department approval shall be required
137 28 before expenditure of moneys pursuant to this authority shall
137 29 be made.
137 30 (2) If the expenditure of fund moneys pursuant to this
137 31 authority would result in the board department establishing
137 32 a policy which would substantially affect the operation
137 33 of the program, rules shall be adopted by the
137 34 commission pursuant to chapter 17A prior to the board
137 35 or the administrator department taking any action pursuant to
138 1 this proposed policy.
138 2 16. The board shall cooperate with the department of
138 3 natural resources, in the implementation and administration
138 4 of this chapter to, shall assure that in combination with
138 5 existing state statutes and rules governing underground storage
138 6 tanks, the state will be, and continue to be, recognized by
138 7 the federal government as having an "approved state account"
138 8 under the federal Resource Conservation and Recovery Act,
138 9 especially by compliance with the Act's subtitle I financial
138 10 responsibility requirements as enacted in the federal Superfund
138 11 Amendments and Reauthorization Act of 1986 and the financial
138 12 responsibility regulations adopted by the United States
138 13 environmental protection agency at 40 C.F.R. pts. 280 and 281.
138 14 Whenever possible this chapter shall be interpreted to further
138 15 the purposes of, and to comply, and not to conflict, with such
138 16 federal requirements.
138 17 17. The board commission may adopt rules pursuant to
138 18 chapter 17A providing for the transfer of all or a portion
138 19 of the liabilities of the board department under this
138 20 chapter. Notwithstanding other provisions to the contrary,
138 21 the board department, upon such transfer, shall not maintain
138 22 any duty to reimburse claimants under this chapter for those
138 23 liabilities transferred.
138 24 Sec. 294. Section 455G.7, Code Supplement 2009, is amended
138 25 to read as follows:
138 26 455G.7 Security for bonds == capital reserve fund ==
138 27 irrevocable contracts.
138 28 1. For the purpose of securing one or more issues of
138 29 bonds for the fund, the authority treasurer of state, with
138 30 the approval of the board department, may authorize the
138 31 establishment of one or more special funds, called "capital
138 32 reserve funds". The authority treasurer of state may pay
138 33 into the capital reserve funds the proceeds of the sale of
138 34 its bonds and other money which may be made available to
138 35 the authority treasurer of state from other sources for the
139 1 purposes of the capital reserve funds. Except as provided in
139 2 this section, money in a capital reserve fund shall be used
139 3 only as required for any of the following:
139 4 a. The payment of the principal of and interest on bonds or
139 5 of the sinking fund payments with respect to those bonds.
139 6 b. The purchase or redemption of the bonds.
139 7 c. The payment of a redemption premium required to be paid
139 8 when the bonds are redeemed before maturity.
139 9 However, money in a capital reserve fund shall not be
139 10 withdrawn if the withdrawal would reduce the amount in the
139 11 capital reserve fund to less than the capital reserve fund
139 12 requirement, except for the purpose of making payment, when
139 13 due, of principal, interest, redemption premiums on the bonds,
139 14 and making sinking fund payments when other money pledged to
139 15 the payment of the bonds is not available for the payments.
139 16 Income or interest earned by, or increment to, a capital
139 17 reserve fund from the investment of all or part of the capital
139 18 reserve fund may be transferred by the authority treasurer of
139 19 state to other accounts of the fund if the transfer does not
139 20 reduce the amount of the capital reserve fund below the capital
139 21 reserve fund requirement.
139 22 2. If the authority treasurer of state decides to issue
139 23 bonds secured by a capital reserve fund, the bonds shall not be
139 24 issued if the amount in the capital reserve fund is less than
139 25 the capital reserve fund requirement, unless at the time of
139 26 issuance of the bonds the authority treasurer of state deposits
139 27 in the capital reserve fund from the proceeds of the bonds to
139 28 be issued or from other sources, an amount which, together with
139 29 the amount then in the capital reserve fund, is not less than
139 30 the capital reserve fund requirement.
139 31 3. In computing the amount of a capital reserve fund for the
139 32 purpose of this section, securities in which all or a portion
139 33 of the capital reserve fund is invested shall be valued by a
139 34 reasonable method established by the authority treasurer of
139 35 state. Valuation shall include the amount of interest earned
140 1 or accrued as of the date of valuation.
140 2 4. In this section, "capital reserve fund requirement" means
140 3 the amount required to be on deposit in the capital reserve
140 4 fund as of the date of computation.
140 5 5. To assure maintenance of the capital reserve funds,
140 6 the authority treasurer of state shall, on or before July 1
140 7 of each calendar year, make and deliver to the governor the
140 8 authority's treasurer of state's certificate stating the sum,
140 9 if any, required to restore each capital reserve fund to the
140 10 capital reserve fund requirement for that fund. Within thirty
140 11 days after the beginning of the session of the general assembly
140 12 next following the delivery of the certificate, the governor
140 13 may submit to both houses printed copies of a budget including
140 14 the sum, if any, required to restore each capital reserve fund
140 15 to the capital reserve fund requirement for that fund. Any
140 16 sums appropriated by the general assembly and paid to the
140 17 authority treasurer of state pursuant to this section shall be
140 18 deposited in the applicable capital reserve fund.
140 19 6. All amounts paid by the state pursuant to this section
140 20 shall be considered advances by the state and, subject to the
140 21 rights of the holders of any bonds of the authority treasurer
140 22 of state that have previously been issued or will be issued,
140 23 shall be repaid to the state without interest from all
140 24 available revenues of the fund in excess of amounts required
140 25 for the payment of bonds of the authority treasurer of state,
140 26 the capital reserve fund, and operating expenses.
140 27 7. If any amount deposited in a capital reserve fund is
140 28 withdrawn for payment of principal, premium, or interest on
140 29 the bonds or sinking fund payments with respect to bonds
140 30 thus reducing the amount of that fund to less than the
140 31 capital reserve fund requirement, the authority treasurer of
140 32 state shall immediately notify the governor and the general
140 33 assembly of this event and shall take steps to restore the
140 34 capital reserve fund to the capital reserve fund requirement
140 35 for that fund from any amounts designated as being available
141 1 for such purpose.
141 2 Sec. 295. Section 455G.8, unnumbered paragraph 1, Code
141 3 2009, is amended to read as follows:
141 4 Revenue for the fund shall include, but is not limited
141 5 to, the following, which shall be deposited with the
141 6 board department or its designee as provided by any bond or
141 7 security documents and credited to the fund:
141 8 Sec. 296. Section 455G.8, subsection 2, Code 2009, is
141 9 amended to read as follows:
141 10 2. Statutory allocations fund. The moneys credited from the
141 11 statutory allocations fund under section 321.145, subsection
141 12 2, paragraph "a", shall be allocated, consistent with this
141 13 chapter, among the fund's accounts, for debt service and other
141 14 fund expenses, according to the fund budget, resolution, trust
141 15 agreement, or other instrument prepared or entered into by
141 16 the board department or authority treasurer of state under
141 17 direction of the board department. Sec. 297.
141 18 Section 455G.8, subsection 3, Code 2009, is
141 19 amended by striking the subsection.
141 20 Sec. 298. Section 455G.9, subsection 1, paragraph a,
141 21 subparagraph (1), unnumbered paragraph 1, Code 2009, is amended
141 22 to read as follows:
141 23 Corrective action for an eligible release reported to the
141 24 department of natural resources on or after July 1, 1987, but
141 25 prior to May 5, 1989. Third=party liability is specifically
141 26 excluded from remedial account coverage. For a claim for a
141 27 release under this subparagraph, the remedial program shall pay
141 28 in accordance with subsection 4. For a release to be eligible
141 29 for coverage under this subparagraph the following conditions
141 30 must be satisfied:
141 31 Sec. 299. Section 455G.9, subsection 1, paragraph a,
141 32 subparagraph (1), subparagraph division (c), Code 2009, is
141 33 amended to read as follows:
141 34 (c) The claim for coverage pursuant to this subparagraph
141 35 must have been filed with the board department prior to January
142 1 31, 1990, except that cities and counties must have filed their
142 2 claim with the board by September 1, 1990.
142 3 Sec. 300. Section 455G.9, subsection 1, paragraph a,
142 4 subparagraph (1), subparagraph division (d), Code 2009, is
142 5 amended to read as follows:
142 6 (d) The owner or operator at the time the release was
142 7 reported to the department of natural resources must have been
142 8 in compliance with then current monitoring requirements, if
142 9 any, or must have been in the process of compliance efforts
142 10 with anticipated requirements, including installation of
142 11 monitoring devices, a new tank, tank improvements or retrofit,
142 12 or any combination.
142 13 Sec. 301. Section 455G.9, subsection 1, paragraph a,
142 14 subparagraph (2), Code 2009, is amended to read as follows:
142 15 (2) Corrective action, up to one million dollars total,
142 16 and subject to prioritization rules as established pursuant to
142 17 section 455G.12A, for a release reported to the department of
142 18 natural resources after May 5, 1989, and on or before October
142 19 26, 1990. Third=party liability is specifically excluded
142 20 from remedial account coverage. Corrective action coverage
142 21 provided pursuant to this paragraph may be aggregated with
142 22 other financial assurance mechanisms as permitted by federal
142 23 law to satisfy required aggregate and per occurrence limits
142 24 of financial responsibility for both corrective action and
142 25 third=party liability, if the owner's or operator's effective
142 26 financial responsibility compliance date is prior to October
142 27 26, 1990. School districts who reported a release to the
142 28 department of natural resources prior to December 1, 1990,
142 29 shall have until July 1, 1991, to report a claim to the
142 30 board for remedial coverage under this subparagraph.
142 31 Sec. 302. Section 455G.9, subsection 1, paragraph a,
142 32 subparagraph (3), unnumbered paragraph 1, Code 2009, is amended
142 33 to read as follows:
142 34 Corrective action for an eligible release reported to
142 35 the department of natural resources on or after January 1,
143 1 1984, but prior to July 1, 1987. Third=party liability is
143 2 specifically excluded from remedial account coverage. For
143 3 a claim for a release under this subparagraph, the remedial
143 4 program shall pay in accordance with subsection 4. For a
143 5 release to be eligible for coverage under this subparagraph the
143 6 following conditions must be satisfied:
143 7 Sec. 303. Section 455G.9, subsection 1, paragraph a,
143 8 subparagraph (3), subparagraph division (d), Code 2009, is
143 9 amended to read as follows:
143 10 (d) The claim for coverage pursuant to this subparagraph
143 11 must have been filed with the board prior to September 1, 1990.
143 12 Sec. 304. Section 455G.9, subsection 1, paragraph a,
143 13 subparagraph (3), subparagraph division (e), Code 2009, is
143 14 amended to read as follows:
143 15 (e) The owner or operator at the time the release was
143 16 reported to the department of natural resources must have been
143 17 in compliance with then current monitoring requirements, if
143 18 any, or must have been in the process of compliance efforts
143 19 with anticipated requirements, including installation of
143 20 monitoring devices, a new tank, tank improvements or retrofit,
143 21 or any combination.
143 22 Sec. 305. Section 455G.9, subsection 1, paragraph a,
143 23 subparagraph (4), Code 2009, is amended to read as follows:
143 24 (4) One hundred percent of the costs of corrective
143 25 action for a release reported to the department of natural
143 26 resources on or before July 1, 1991, if the owner or operator
143 27 is not a governmental entity and is a not=for=profit
143 28 organization exempt from federal income taxation under section
143 29 501(c)(3) of the Internal Revenue Code with a net annual income
143 30 of twenty=five thousand dollars or less for the year 1990, and
143 31 if the tank which is the subject of the corrective action is a
143 32 registered tank and is under one thousand one hundred gallons
143 33 capacity.
143 34 Sec. 306. Section 455G.9, subsection 1, paragraphs b, c, e,
143 35 and f, Code 2009, are amended to read as follows:
144 1 b. Corrective action and third=party liability for a
144 2 release discovered on or after January 24, 1989, for which a
144 3 responsible owner or operator able to pay cannot be found and
144 4 for which the federal underground storage tank trust fund or
144 5 other federal moneys do not provide coverage. For the purposes
144 6 of this section property shall not be deeded or quitclaimed
144 7 to the state or board department in lieu of cleanup.
144 8 Additionally, the ability to pay shall be determined after a
144 9 claim has been filed. The board department is not liable for
144 10 any cost where either the responsible owner or operator, or
144 11 both, have a net worth greater than fifteen thousand dollars,
144 12 or where the responsible party can be determined. Third=party
144 13 liability specifically excludes any claim, cause of action,
144 14 or suit, for personal injury including, but not limited
144 15 to, loss of use or of private enjoyment, mental anguish,
144 16 false imprisonment, wrongful entry or eviction, humiliation,
144 17 discrimination, or malicious prosecution.
144 18 c. Corrective action and third=party liability for a tank
144 19 owned or operated by a financial institution eligible to
144 20 participate in the remedial account under section 455G.16 if
144 21 the prior owner or operator is unable to pay, if so authorized
144 22 by the board department as part of a condition or incentive
144 23 for financial institution participation in the fund pursuant
144 24 to section 455G.16. Third=party liability specifically
144 25 excludes any claim, cause of action, or suit, for personal
144 26 injury including, but not limited to, loss of use or of
144 27 private enjoyment, mental anguish, false imprisonment, wrongful
144 28 entry or eviction, humiliation, discrimination, or malicious
144 29 prosecution.
144 30 e. Corrective action for a release reported to the
144 31 department of natural resources after May 5, 1989, and on
144 32 or before October 26, 1990, in connection with a tank owned
144 33 or operated by a state agency or department which elects to
144 34 participate in the remedial account pursuant to this paragraph.
144 35 A state agency or department which does not receive a standing
145 1 unlimited appropriation which may be used to pay for the
145 2 costs of a corrective action may opt, with the approval of
145 3 the board department, to participate in the remedial account.
145 4 As a condition of opting to participate in the remedial
145 5 account, the agency or department shall pay all registration
145 6 fees, storage tank management fees, environmental protection
145 7 charges, and all other charges and fees upon all tanks owned
145 8 or operated by the agency or department in the same manner
145 9 as if the agency or department were a person required to
145 10 maintain financial responsibility. Once an agency has opted
145 11 to participate in the remedial program, it cannot opt out,
145 12 and shall continue to pay all charges and fees upon all tanks
145 13 owned or operated by the agency or department so long as the
145 14 charges or fees are imposed on similarly situated tanks of a
145 15 person required to maintain financial responsibility. The
145 16 board commission shall by rule adopted pursuant to chapter
145 17 17A provide the terms and conditions for a state agency or
145 18 department to opt to participate in the remedial account. A
145 19 state agency or department which opts to participate in the
145 20 remedial account shall be subject to the minimum copayment
145 21 schedule of subsection 4, as if the state agency or department
145 22 were a person required to maintain financial responsibility.
145 23 f. One hundred percent of the costs up to twenty thousand
145 24 dollars incurred by the board department under section
145 25 455G.12A, subsection 2, unnumbered paragraph 2, for site
145 26 cleanup reports. Costs of a site cleanup report which
145 27 exceed twenty thousand dollars shall be considered a cost of
145 28 corrective action and the amount shall be included in the
145 29 calculations for corrective action cost copayments under
145 30 subsection 4. The board department shall have the discretion
145 31 to authorize a site cleanup report payment in excess of twenty
145 32 thousand dollars if the site is participating in community
145 33 remediation.
145 34 Sec. 307. Section 455G.9, subsection 1, paragraph g,
145 35 subparagraph (4), Code 2009, is amended to read as follows:
146 1 (4) The release was reported to the board by October 26,
146 2 1991.
146 3 Sec. 308. Section 455G.9, subsection 1, paragraphs i, k, and
146 4 l, Code 2009, are amended to read as follows:
146 5 i. Notwithstanding section 455G.1, subsection 2, corrective
146 6 action, for a release which was tested prior to October 26,
146 7 1990, and for which the site was issued a no=further=action
146 8 letter by the department of natural resources and which was
146 9 later determined, due to sale of the property or removal of a
146 10 nonoperating tank, to require remediation which was reported
146 11 to the administrator by October 26, 1992, in an amount as
146 12 specified in subsection 4. In order to qualify for benefits
146 13 under this paragraph, the applicant must not have operated a
146 14 tank on the property during the period of time for which the
146 15 applicant owned the property and the applicant must not be a
146 16 financial institution.
146 17 k. Pursuant to an agreement between the board and the
146 18 department of natural resources, assessment Assessment and
146 19 corrective action arising out of releases at sites for which
146 20 a no further action certificate has been issued pursuant to
146 21 section 455B.474, when the department determines that an
146 22 unreasonable risk to public health and safety may still exist.
146 23 At a minimum, the agreement shall address eligible costs,
146 24 contracting for services, and conditions under which sites may
146 25 be reevaluated.
146 26 l. Costs for the permanent closure of an underground storage
146 27 tank system that was in place on the date an eligible claim
146 28 was submitted under paragraph "a". Reimbursement is limited
146 29 to costs approved by the board department prior to the closure
146 30 activities.
146 31 Sec. 309. Section 455G.9, subsections 2, 3, 5, 7, and 10,
146 32 Code 2009, are amended to read as follows:
146 33 2. Remedial account funding. The remedial account
146 34 shall be funded by that portion of the proceeds of the use
146 35 tax imposed under chapter 423, subchapter III, and other
147 1 moneys and revenues budgeted to the remedial account by the
147 2 board department.
147 3 3. Trust fund to be established. When the remedial account
147 4 has accumulated sufficient capital to provide dependable
147 5 income to cover the expenses of expected future releases or
147 6 expected future losses for which no responsible owner is
147 7 available, the excess capital shall be transferred to a trust
147 8 fund administered by the board department and created for that
147 9 purpose.
147 10 5. Recovery of gain on sale of property. If an owner
147 11 or operator ceases to own or operate a tank site for which
147 12 remedial account benefits were received within ten years of
147 13 the receipt of any account benefit and sells or transfers a
147 14 property interest in the tank site for an amount which exceeds
147 15 one hundred twenty percent of the precorrective action value,
147 16 adjusted for equipment and capital improvements, the owner or
147 17 operator shall refund to the remedial account an amount equal
147 18 to ninety percent of the amount in excess of one hundred twenty
147 19 percent of the precorrective action value up to a maximum of
147 20 the expenses incurred by the remedial account associated with
147 21 the tank site plus interest, equal to the interest for the
147 22 most recent twelve=month period for the most recent bond issue
147 23 for the fund, on the expenses incurred, compounded annually.
147 24 An owner or operator under this subsection shall notify the
147 25 board department of the sale or transfer of the property
147 26 interest in the tank site. Expenses incurred by the fund are a
147 27 lien upon the property recordable and collectible in the same
147 28 manner as the lien provided for in section 424.11 at the time
147 29 of sale or transfer, subject to the terms of this section.
147 30 This subsection shall not apply if the sale or transfer
147 31 is pursuant to a power of eminent domain, or benefits. When
147 32 federal cleanup funds are recovered, the funds are to be
147 33 deposited to the remedial account of the fund and used solely
147 34 for the purpose of future cleanup activities.
147 35 7. Expenses of cleanup not required. When an owner or
148 1 operator who is eligible for benefits under this chapter is
148 2 allowed by the department of natural resources to monitor in
148 3 place, the expenses incurred for cleanup beyond the level
148 4 required by the department of natural resources are not covered
148 5 under any of the accounts established under the fund. The
148 6 cleanup expenses incurred for work completed beyond what is
148 7 required is the responsibility of the person contracting for
148 8 the excess cleanup.
148 9 10. Expenses incurred by governmental subdivisions. The
148 10 board commission may adopt rules for reimbursement for
148 11 reasonable expenses incurred by a governmental subdivision
148 12 for treating, handling, or disposing, as required by the
148 13 department, of petroleum=contaminated soil and groundwater
148 14 encountered in a public right=of=way during installation,
148 15 maintenance, or repair of a public improvement. The
148 16 board department may seek full recovery from a responsible
148 17 party liable for the release for such expenses and for
148 18 all other costs and reasonable attorney fees and costs of
148 19 litigation for which moneys are expended by the fund. Any
148 20 expense described in this subsection incurred by the fund
148 21 constitutes a lien upon the property from which the release
148 22 occurred. A lien shall be recorded and an expense shall be
148 23 collected in the same manner as provided in section 424.11.
148 24 Sec. 310. Section 455G.12, Code 2009, is amended to read as
148 25 follows:
148 26 455G.12 Board Commission authority for prioritization.
148 27 If the board commission determines that, within the realm
148 28 of sound business judgment and practice, prioritization of
148 29 assistance is necessary in light of funds available for loan
148 30 guarantees or insurance coverage, the board commission may
148 31 develop rules for assistance or coverage prioritization based
148 32 upon adherence or planned adherence of the owner or operator
148 33 to higher than minimum environmental protection and safety
148 34 compliance considerations.
148 35 Prior to the adoption of prioritization rules, the
149 1 board commission shall at minimum review the following issues:
149 2 1. The positive environmental impact of assistance
149 3 prioritization.
149 4 2. The economic feasibility, including the availability of
149 5 private financing, for an owner or operator to obtain priority
149 6 status.
149 7 3. Any negative impact on Iowa's rural petroleum
149 8 distribution network which could result from prioritization.
149 9 4. Any similar prioritization systems in use by the private
149 10 financing or insurance markets in this state, including terms,
149 11 conditions, or exclusions.
149 12 5. The intent of this chapter that the board commission
149 13 shall maximize the availability of reasonably priced,
149 14 financially sound insurance coverage or loan guarantee
149 15 assistance.
149 16 Sec. 311. Section 455G.12A, Code 2009, is amended to read
149 17 as follows:
149 18 455G.12A Cost containment authority.
149 19 1. Validity of contracts. A contract in which one of the
149 20 parties to the contract is an owner or operator of a petroleum
149 21 underground storage tank, for goods or services which may be
149 22 payable or reimbursable from the fund, is invalid unless and
149 23 until the administrator department has approved the contract
149 24 as fair and equitable to the tank owner or operator, and found
149 25 that the contract terms are within the range of usual and
149 26 customary rates for similar or equivalent goods or services
149 27 within the state, and found that the goods or services are
149 28 necessary for the owner or operator to comply with fund or
149 29 regulatory standards. An owner or operator may appoint the
149 30 administrator department as an agent for the purposes of
149 31 negotiating contracts with suppliers of goods or services
149 32 compensable by the fund. The administrator department may
149 33 select another contractor for goods or services other than
149 34 the one offered by the owner or operator, if the scope of the
149 35 proposed work or actual work of the offered contractor does not
150 1 reflect the quality of workmanship required, or the costs are
150 2 determined to be excessive.
150 3 2. Contract approval. In the course of review and
150 4 approval of a contract pursuant to this section, the
150 5 administrator department may require an owner or operator
150 6 to obtain and submit three bids, provided that the
150 7 administrator department coordinates bid submission with the
150 8 department. The administrator department may require specific
150 9 terms and conditions in a contract subject to approval.
150 10 The board department shall have authority to contract for
150 11 site cleanup reports. The board's department's responsibility
150 12 for site cleanup reports is limited to those site cleanup
150 13 reports subject to approval by the department of natural
150 14 resources and required in connection with the remediation of a
150 15 release which is eligible for benefits under section 455G.9.
150 16 The site cleanup report shall address existing and available
150 17 remedial technologies and the costs associated with the use
150 18 of each technology. The board department shall not have the
150 19 authority to affect a contract which has been given written
150 20 approval under this section.
150 21 3. Exclusive contracts. The administrator department may
150 22 enter into a contract or an exclusive contract with the
150 23 supplier of goods or services required by a class of tank
150 24 owners or operators in connection with an expense payable or
150 25 reimbursable from the fund, to supply a specified good or
150 26 service for a gross maximum price, fixed rate, on an exclusive
150 27 basis, or subject to another contract term or condition
150 28 reasonably calculated to obtain goods or services for the
150 29 fund or for tank owners and operators at a reasonable cost.
150 30 A contract may provide for direct payment from the fund to a
150 31 supplier.
150 32 The administrator department may retain, subject to board
150 33 approval, an independent person to assist in the review of work
150 34 required in connection with a release or tank system for which
150 35 fund benefits are sought, and to establish prevailing cost of
151 1 goods and services needed. Nothing in this section is intended
151 2 to preempt the regulatory authority of the department.
151 3 4. Prior approval by administrator department. Unless
151 4 emergency conditions exist, a contractor performing services
151 5 pursuant to this section shall have the budget for the
151 6 work approved by the administrator department prior to
151 7 commencement of the work. No expense incurred which
151 8 is above the budgeted amount shall be paid unless the
151 9 administrator department approves such expense prior to its
151 10 being incurred. All invoices or bills shall be submitted
151 11 with appropriate documentation as deemed necessary by the
151 12 board department, no later than thirty days after the work has
151 13 been performed. Neither the board department nor an owner or
151 14 operator is responsible for payment for work incurred which has
151 15 not been previously approved by the board department.
151 16 Sec. 312. Section 455G.13, subsection 1, Code 2009, is
151 17 amended to read as follows:
151 18 1. Full recovery sought from owner. The board department
151 19 shall seek full recovery from the owner, operator, or other
151 20 potentially responsible party liable for the released petroleum
151 21 which is the subject of a corrective action, for which the fund
151 22 expends moneys for corrective action or third=party liability,
151 23 and for all other costs, including reasonable attorney fees and
151 24 costs of litigation for which moneys are expended by the fund
151 25 in connection with the release. When federal cleanup funds
151 26 are recovered, the funds are to be deposited to the remedial
151 27 account of the fund and used solely for the purpose of future
151 28 cleanup activities.
151 29 Sec. 313. Section 455G.13, subsection 2, paragraph a, Code
151 30 2009, is amended to read as follows:
151 31 a. The board or the department of natural resources shall
151 32 not seek recovery for expenses in connection with corrective
151 33 action for a release from an owner or operator eligible for
151 34 assistance under the remedial account except for any unpaid
151 35 portion of the deductible or copayment. This section does
152 1 not affect any authorization of the department of natural
152 2 resources to impose or collect civil or administrative fines
152 3 or penalties or fees. The remedial account shall not be held
152 4 liable for any third=party liability.
152 5 Sec. 314. Section 455G.13, subsection 3, Code 2009, is
152 6 amended to read as follows:
152 7 3. Owner or operator not in compliance, subject to full
152 8 and total cost recovery. Notwithstanding subsection 2, the
152 9 liability of an owner or operator shall be the full and total
152 10 costs of corrective action and bodily injury or property damage
152 11 to third parties, as specified in subsection 1, if the owner
152 12 or operator has not complied with the financial responsibility
152 13 or other underground storage tank rules requirements of the
152 14 department of natural resources or with this chapter and rules
152 15 adopted under this chapter.
152 16 Sec. 315. Section 455G.13, subsection 4, paragraph a, Code
152 17 2009, is amended to read as follows:
152 18 a. Failed, without sufficient cause, to respond to a release
152 19 of petroleum from the tank upon, or in accordance with, a
152 20 notice issued by the director of the department of natural
152 21 resources.
152 22 Sec. 316. Section 455G.13, subsections 5, 6, 8, 9, 10, and
152 23 12, Code 2009, are amended to read as follows:
152 24 5. Lien on tank site. Any amount for which an owner or
152 25 operator is liable to the fund, if not paid when due, by
152 26 statute, rule, or contract, or determination of liability by
152 27 the board or department of natural resources after hearing,
152 28 shall constitute a lien upon the real property where the tank,
152 29 which was the subject of corrective action, is situated, and
152 30 the liability shall be collected in the same manner as the
152 31 environmental protection charge pursuant to section 424.11.
152 32 6. Joinder of parties. The department of natural
152 33 resources has standing in any case or contested action related
152 34 to the fund or a tank to assert any claim that the department
152 35 may have regarding the tank at issue in the case or contested
153 1 action, upon motion and sufficient showing by a party to a cost
153 2 recovery or subrogation action provided for under this section,
153 3 the court or the administrative law judge shall join to the
153 4 action any potentially responsible party who may be liable for
153 5 costs and expenditures of the type recoverable pursuant to this
153 6 section.
153 7 8. Third=party contracts not binding on board department,
153 8 proceedings against responsible party. An insurance,
153 9 indemnification, hold harmless, conveyance, or similar
153 10 risk=sharing or risk=shifting agreement shall not be effective
153 11 to transfer any liability for costs recoverable under
153 12 this section. The fund, board, or department of natural
153 13 resources may proceed directly against the owner or operator or
153 14 other allegedly responsible party. This section does not bar
153 15 any agreement to insure, hold harmless, or indemnify a party to
153 16 the agreement for any costs or expenditures under this chapter,
153 17 and does not modify rights between the parties to an agreement,
153 18 except to the extent the agreement shifts liability to an
153 19 owner or operator eligible for assistance under the remedial
153 20 account for any damages or other expenses in connection with
153 21 a corrective action for which another potentially responsible
153 22 party is or may be liable. Any such provision is null and void
153 23 and of no force or effect.
153 24 9. Later proceedings permitted against other parties. The
153 25 entry of judgment against a party to the action does not bar
153 26 a future action by the board or the department of natural
153 27 resources against another person who is later alleged to be
153 28 or discovered to be liable for costs and expenditures paid by
153 29 the fund. Notwithstanding section 668.5 no other potentially
153 30 responsible party may seek contribution or any other recovery
153 31 from an owner or operator eligible for assistance under the
153 32 remedial account for damages or other expenses in connection
153 33 with corrective action for a release for which the potentially
153 34 responsible party is or may be liable. Subsequent successful
153 35 proceedings against another party shall not modify or reduce
154 1 the liability of a party against whom judgment has been
154 2 previously entered.
154 3 10. Claims against potentially responsible parties. Upon
154 4 payment by the fund for corrective action or third=party
154 5 liability pursuant to this chapter, the rights of the claimant
154 6 to recover payment from any potentially responsible party, are
154 7 assumed by the board department to the extent paid by the fund.
154 8 A claimant is precluded from receiving double compensation for
154 9 the same injury.
154 10 In an action brought pursuant to this chapter seeking
154 11 damages for corrective action or third=party liability, the
154 12 court shall permit evidence and argument as to the replacement
154 13 or indemnification of actual economic losses incurred or to be
154 14 incurred in the future by the claimant by reason of insurance
154 15 benefits, governmental benefits or programs, or from any other
154 16 source.
154 17 A claimant may elect to permit the board department to pursue
154 18 the claimant's cause of action for any injury not compensated
154 19 by the fund against any potentially responsible party, provided
154 20 the attorney general determines such representation would
154 21 not be a conflict of interest. If a claimant so elects, the
154 22 board's department's litigation expenses shall be shared on a
154 23 pro rata basis with the claimant, but the claimant's share of
154 24 litigation expenses is payable exclusively from any share of
154 25 the settlement or judgment payable to the claimant.
154 26 12. Recovery or subrogation == installers and
154 27 inspectors. Notwithstanding any other provision contained in
154 28 this chapter, the board department or a person insured under
154 29 the underground storage tank insurance fund established in
154 30 section 455G.11, Code 2003, has no right of recovery or right
154 31 of subrogation against an installer or an inspector who was
154 32 insured by the underground storage tank insurance fund for the
154 33 tank giving rise to the liability other than for recovery of
154 34 any deductibles paid.
154 35 Sec. 317. Section 455G.16, unnumbered paragraph 1, Code
155 1 2009, is amended to read as follows:
155 2 The board department may impose conditions on the
155 3 participation of a financial institution in the fund.
155 4 Conditions shall be reasonably intended to increase the
155 5 quantity of private capital available for loans to tank owners
155 6 or operators who are small businesses within the meaning of
155 7 section 455G.2. Additionally, the board department may offer
155 8 incentives to financial institutions meeting conditions imposed
155 9 by the board department. Incentives may include extended
155 10 fund coverage of corrective action or third=party liability
155 11 expenses, waiver of copayment or deductible requirements, or
155 12 other benefits not offered to other participants, if reasonably
155 13 intended to increase the quantity of private capital available
155 14 for loans by an amount greater than the increased costs of the
155 15 incentives to the fund.
155 16 Sec. 318. Section 455G.20, Code 2009, is amended to read as
155 17 follows:
155 18 455G.20 Final approval.
155 19 Notwithstanding any other provision to the contrary, the
155 20 department of natural resources shall have final approval for a
155 21 determination as to when remediation shall begin on a site.
155 22 Sec. 319. Section 455G.21, subsection 1, Code 2009, is
155 23 amended to read as follows:
155 24 1. A marketability fund is created as a separate fund in
155 25 the state treasury under the control of the board department.
155 26 The board department shall administer the marketability
155 27 fund. Notwithstanding section 8.33, moneys remaining in
155 28 the marketability fund at the end of each fiscal year shall
155 29 not revert to the general fund but shall remain in the
155 30 marketability fund. The marketability fund shall include,
155 31 notwithstanding section 12C.7, interest earned by the
155 32 marketability fund or other income specifically allocated to
155 33 the marketability fund.
155 34 Sec. 320. Section 455G.21, subsection 2, paragraph a, Code
155 35 2009, is amended to read as follows:
156 1 a. The innocent landowners fund shall be established as a
156 2 separate fund in the state treasury under the control of the
156 3 board department. The innocent landowners fund shall include
156 4 any moneys recovered pursuant to cost recovery enforcement
156 5 under section 455G.13. Notwithstanding section 455G.1,
156 6 subsection 2, benefits for the costs of corrective action may
156 7 be provided to the owner of a petroleum=contaminated property,
156 8 or an owner or operator of an underground storage tank located
156 9 on the property, who is not otherwise eligible to receive
156 10 benefits under section 455G.9 due to the date on which the
156 11 release causing the contamination was reported or the date
156 12 the claim was filed. An owner of a petroleum=contaminated
156 13 property, or an owner or operator of an underground storage
156 14 tank located on the property, shall be eligible for payment
156 15 of corrective action costs subject to copayment requirements
156 16 under section 455G.9, subsection 4. The board commission may
156 17 adopt rules conditioning receipt of benefits under this
156 18 paragraph to those petroleum=contaminated properties which
156 19 present a higher degree of risk to the public health and
156 20 safety or the environment and may adopt rules providing for
156 21 denial of benefits under this paragraph to a person who did
156 22 not make a good faith attempt to comply with the provisions of
156 23 this chapter. This paragraph does not confer a legal right
156 24 to an owner of petroleum=contaminated property, or an owner
156 25 or operator of an underground storage tank located on the
156 26 property, for receipt of benefits under this paragraph.
156 27 Sec. 321. REPEAL. Section 16.151, Code 2009, is repealed.
156 28 Sec. 322. REPEAL. 1989 Iowa Acts, chapter 131, section 63,
156 29 is repealed.
156 30 Sec. 323. REPEAL. 2009 Iowa Acts, chapter 184, section 39,
156 31 is repealed.
156 32 Sec. 324. APPROPRIATION == GENERAL FUND. There is
156 33 appropriated from the Iowa comprehensive petroleum underground
156 34 storage tank fund to the general fund of the state for the
156 35 fiscal year beginning July 1, 2010, and ending June 30, 2011,
157 1 the following amount:
157 2 .................................................. $ 800,000
157 3 Sec. 325. APPROPRIATION == DEPARTMENT OF NATURAL
157 4 RESOURCES. There is appropriated from the Iowa comprehensive
157 5 petroleum underground storage tank fund to the department
157 6 of natural resources for the fiscal year beginning July 1,
157 7 2010, and ending June 30, 2011, the following amount, or so
157 8 much thereof as is necessary, to be used for the purposes
157 9 designated:
157 10 For administering the Iowa comprehensive petroleum
157 11 underground storage tank fund, including salaries, support,
157 12 maintenance, miscellaneous purposes, and for not more than the
157 13 following full=time equivalent positions:
157 14 .................................................. $ 700,000
157 15 ............................................... FTEs 8.00
157 16 Sec. 326. TRANSITION PROVISIONS.
157 17 1. This division of this Act and the transfer of
157 18 administrative duties to the department of natural resources
157 19 shall not constitute grounds for recision or modification
157 20 of any contracts entered into by or on behalf of the Iowa
157 21 comprehensive petroleum underground storage tank fund board.
157 22 2. Any rule, regulation, form, order, or directive
157 23 promulgated by the Iowa comprehensive petroleum underground
157 24 storage tank fund board and in effect on the effective date
157 25 of this division of this Act shall continue in full force and
157 26 effect until amended, repealed, or supplemented by affirmative
157 27 action of the environmental protection commission under the
157 28 duties and powers of the commission as established in this
157 29 division of this Act and under the procedure established in
157 30 subsection 3.
157 31 Any license or permit issued by Iowa comprehensive petroleum
157 32 underground storage tank fund board and in effect on the
157 33 effective date of this division of this Act shall continue in
157 34 full force and effect until expiration or renewal.
157 35 3. In regard to updating references and format in the Iowa
158 1 administrative code in order to correspond to the restructuring
158 2 as established in this division of this Act, the administrative
158 3 rules coordinator and the administrative rules review
158 4 committee, in consultation with the administrative code editor,
158 5 shall jointly develop a schedule for the necessary updating of
158 6 the Iowa administrative code.
158 7 4. Any cause of action or statute of limitation relating
158 8 to the Iowa comprehensive petroleum underground storage tank
158 9 fund board shall not be affected as a result of the transfer
158 10 and such cause or statute of limitation shall apply to the
158 11 successor department or commission.
158 12 5. Any replacement of signs, logos, stationery, insignia,
158 13 uniforms, and related items that is made due to the effect of
158 14 this division of this Act should be done as part of the normal
158 15 replacement cycle for such items.
158 16 DIVISION XX
158 17 ECONOMIC DEVELOPMENT == COMMITTEES AND COUNCILS
158 18 Sec. 327. Section 15.108, subsection 7, paragraph h, Code
158 19 2009, is amended by striking the paragraph.
158 20 Sec. 328. Section 15G.115, subsections 2 and 3, Code
158 21 Supplement 2009, are amended to read as follows:
158 22 2. a. Each application from a business for financial
158 23 assistance under the grow Iowa values financial assistance
158 24 program shall be reviewed by the due diligence committee
158 25 established by the board pursuant to section 15.103, subsection
158 26 6. The due diligence committee shall make a recommendation on
158 27 each application to the board.
158 28 b. Each application from a business for financial assistance
158 29 under the value=added agriculture component of the grow Iowa
158 30 values financial assistance program shall be reviewed by the
158 31 agricultural products advisory council established in section
158 32 15.203, which shall make a recommendation on each application
158 33 to the board.
158 34 c. b. Each application for financial assistance from funds
158 35 allocated by the department for deposit in the innovation
159 1 and commercialization development fund pursuant to section
159 2 15G.111, subsection 10, shall be reviewed by the technology
159 3 commercialization committee established in section 15.116,
159 4 which shall make a recommendation on each application to the
159 5 board.
159 6 3. In overseeing the administration of the grow Iowa values
159 7 fund and grow Iowa values financial assistance program pursuant
159 8 to this chapter, the board shall do all of the following:
159 9 a. At the first scheduled meeting of the board after the
159 10 start of a new fiscal year, take final action on all of the
159 11 following:
159 12 (1) The department's recommendations for the annual fiscal
159 13 year allocation of moneys in the fund, as provided in section
159 14 15G.111, subsection 4. The board may adjust the allocation of
159 15 moneys during the fiscal year as necessary.
159 16 (2) The department's recommendations for the allocation
159 17 of moneys among the program components referred to in section
159 18 15G.112, subsection 1, paragraph "b". The board may adjust the
159 19 allocation of moneys during the fiscal year as necessary.
159 20 b. Consider the recommendation of the due diligence
159 21 committee and the agricultural products advisory council on
159 22 each application for financial assistance, as described in
159 23 subsection 2, and take final action on each application.
159 24 c. Take final action on the required plans for proposed
159 25 expenditures submitted by the entities receiving moneys
159 26 allocated under section 15G.111, subsections 5 through 8.
159 27 d. Take final action on any rules recommended by the
159 28 department for the implementation of the provisions of this
159 29 chapter.
159 30 Sec. 329. REPEAL. Section 15.114, Code 2009, is repealed.
159 31 Sec. 330. REPEAL. Section 15.203, Code Supplement 2009, is
159 32 repealed.
159 33 DIVISION XXI
159 34 CONSOLIDATION OF HOUSING PROGRAMS
159 35 Sec. 331. NEW SECTION. 16.41 Shelter assistance fund.
160 1 1. A shelter assistance fund is created as a revolving
160 2 fund in the state treasury under the control of the authority
160 3 consisting of any moneys appropriated by the general assembly
160 4 and received under section 428A.8 for purposes of the
160 5 rehabilitation, expansion, or costs of operations of group home
160 6 shelters for the homeless and domestic violence shelters.
160 7 2. Of the moneys in the fund, not less than five hundred
160 8 forty?six thousand dollars shall be spent annually on homeless
160 9 shelter projects.
160 10 3. Notwithstanding section 8.33, all moneys in the shelter
160 11 assistance fund which remain unexpended or unobligated at the
160 12 close of the fiscal year shall not revert to the general fund
160 13 of the state but shall remain available for expenditure for
160 14 subsequent fiscal years.
160 15 Sec. 332. Section 428A.8, subsection 2, unnumbered
160 16 paragraph 1, Code 2009, is amended to read as follows:
160 17 The treasurer of state shall deposit or transfer the
160 18 receipts paid the treasurer of state pursuant to subsection
160 19 1 to either the general fund of the state, the housing trust
160 20 fund created in section 16.181, or the shelter assistance fund
160 21 created in section 15.349 16.41 as follows:
160 22 Sec. 333. REPEAL. Section 15.349, Code 2009, is repealed.
160 23 Sec. 334. DEPARTMENTAL PROGRAM REVIEW == HOUSING PROGRAMS.
160 24 1. The department of economic development and the Iowa
160 25 finance authority shall conduct a joint review of programs
160 26 administered by the agencies that relate to housing, including
160 27 all such federal programs. The joint review of programs shall
160 28 include a review of all federal moneys received and spent on
160 29 housing programs. The agencies shall identify all programs
160 30 that are duplicative of another program and all programs that
160 31 have purposes similar to that of another program.
160 32 2. The agencies shall produce a report on how best to
160 33 transfer all responsibilities for housing=related programs from
160 34 the department of economic development to the Iowa finance
160 35 authority.
161 1 3. By September 1, 2010, the agencies shall submit a joint
161 2 written report to the governor, the department of management,
161 3 and the general assembly consisting of the information required
161 4 under this section, a complete list of programs reviewed
161 5 pursuant to this section, and any other relevant information.
161 6 DIVISION XXII
161 7 AREA EDUCATION AGENCIES
161 8 Sec. 335. Section 256.9, Code Supplement 2009, is amended by
161 9 adding the following new subsection:
161 10 NEW SUBSECTION. 59. Provide guidance and standards to area
161 11 education agencies for federal and state education initiatives
161 12 which the area education agencies must implement statewide. Sec. 336.
161 13 Section 273.2, Code Supplement 2009, is amended by
161 14 adding the following new subsections:
161 15 NEW SUBSECTION. 8. The area education agency board shall
161 16 collaborate with the department of education to provide a
161 17 statewide infrastructure for educational data to create cost
161 18 efficiencies, provide storage and disaster mitigation, and
161 19 improve interconnectivity between schools and school districts.
161 20 In addition, the area education agency boards shall work
161 21 with the department to provide systemwide coordination in
161 22 the implementation of the statewide longitudinal data system
161 23 consistent with the federal American Recovery and Reinvestment
161 24 Act of 2009. The area education agencies shall provide support
161 25 to school districts' information technology infrastructure
161 26 that is consistent with the statewide infrastructure for the
161 27 educational data collaborative.
161 28 NEW SUBSECTION. 9. The area education agency boards shall
161 29 jointly develop a three=year statewide strategic plan that
161 30 supports goals adopted by the state board of education pursuant
161 31 to section 256.7, subsection 4, and the accreditation standards
161 32 established pursuant to section 256.11; establish performance
161 33 goals; and clearly identify the statewide efforts to improve
161 34 student learning and create efficiencies in management
161 35 operations for area education agencies and school districts.
162 1 The statewide strategic plan shall be approved by the state
162 2 board of education. The area education agency boards shall
162 3 jointly provide the state board with annual updates on the
162 4 performance measures.
162 5 Sec. 337. Section 273.8, subsection 1, Code Supplement
162 6 2009, is amended to read as follows:
162 7 1. Board of directors. The board of directors of an area
162 8 education agency shall consist of not less than five nor more
162 9 than nine eleven members, each a resident of and elected in
162 10 the manner provided in this section from a director district
162 11 that is approximately equal in population to the other director
162 12 districts in the area education agency. An area education
162 13 agency shall consist of five director districts. Each
162 14 director shall serve a four=year term which commences at the
162 15 organization meeting.
162 16 Sec. 338. Section 273.8, subsection 2, paragraphs b and c,
162 17 Code Supplement 2009, are amended to read as follows:
162 18 b. A candidate Candidates for election to the area education
162 19 agency board shall be nominated by the boards of directors of
162 20 the school districts located within the boundaries of the area
162 21 education agency. Each school district board shall file a
162 22 statement of candidacy for each candidate nominated with the
162 23 area education agency secretary not later than August 15 of
162 24 the odd=numbered year, on forms prescribed by the department
162 25 of education. The statement of candidacy shall include the
162 26 candidate's name, address, and school district. The list of
162 27 candidates shall be sent by the secretary of the area education
162 28 agency in ballot form by certified mail to the presidents
162 29 of the boards of directors of all school districts within
162 30 the director district not later than September 1. In order
162 31 for the ballot to be counted, the ballot must be received in
162 32 the secretary's office by the end of the normal business day
162 33 on September 30 or be clearly postmarked by an officially
162 34 authorized postal service not later than September 29 and
162 35 received by the secretary not later than noon on the first
163 1 Monday following September 30.
163 2 c. The board of each separate school district that is
163 3 located entirely or partially inside an area education agency
163 4 director district shall cast a vote for director of the area
163 5 education agency board based upon the ratio that the population
163 6 of the school district, or portion of the school district, in
163 7 the director district bears to the total population in the
163 8 director district. The population of each school district or
163 9 portion shall be determined by the department of education.
163 10 The A member of the area education agency board to be elected
163 11 may be a member of a local school district board of directors
163 12 and shall be an elector and a resident of the director
163 13 district, but shall not be a school district employee.
163 14 (1) The school district boards of each director district
163 15 shall jointly elect two members to the eleven=member board
163 16 of directors of the area education agency. One of the two
163 17 members elected in each director district shall meet one of the
163 18 following criteria, on a rotating basis with all of the other
163 19 director districts, as coordinated by the department:
163 20 (a) A superintendent.
163 21 (b) A principal.
163 22 (c) A teacher who does not hold a special education license
163 23 or endorsement.
163 24 (d) A special education teacher.
163 25 (e) A parent or guardian of a child requiring special
163 26 education who has an individualized education program and is
163 27 receiving special education services from an area education
163 28 agency.
163 29 (2) The eleventh member of the board of directors of the
163 30 area education agency shall be elected by the authorities in
163 31 charge of the accredited nonpublic schools located within the
163 32 boundaries of the area education agency.
163 33 (3) Notwithstanding paragraph "b", the initial terms of the
163 34 directors shall be determined by lot, one for two years, and
163 35 two for four years.
164 1 Sec. 339. Section 273.8, subsection 3, Code Supplement
164 2 2009, is amended to read as follows:
164 3 3. Director district convention. If no candidate
164 4 files statement of candidacy is filed with the area education
164 5 agency secretary by the deadline specified in subsection 2,
164 6 or a vacancy occurs, or the statements of candidacy filed do
164 7 not meet the specifications of subsection 2, paragraph "c",
164 8 subparagraph (1), subparagraph subdivisions (a) through (e), or
164 9 if otherwise required as provided in section 273.23, subsection
164 10 3, a director district convention, attended by members of the
164 11 boards of directors of the local school districts located
164 12 within the director district, shall be called to elect a
164 13 board member for that director district in accordance with
164 14 the intent of this section. The convention location shall
164 15 be determined by the area education agency administrator.
164 16 Notice of the time, date, and place of a director district
164 17 convention shall be published by the area education agency
164 18 administrator in at least one newspaper of general circulation
164 19 in the director district at least thirty days prior to the
164 20 day of the convention. The cost of publication shall be
164 21 paid by the area education agency. A candidate for election
164 22 to the area education agency board shall file a statement
164 23 of candidacy with the area education agency secretary at
164 24 least ten days prior to the date of the director district
164 25 convention on forms prescribed by the department of education,
164 26 or nominations may be made at the convention by a delegate from
164 27 a board of directors of a school district located within the
164 28 director district. A statement of candidacy shall include the
164 29 candidate's name, address, and school district. Delegates to
164 30 director district conventions shall not be bound by a school
164 31 board or any school board member to pledge their votes to any
164 32 candidate prior to the date of the convention. Sec. 340.
164 33 Section 273.8, subsection 6, Code Supplement
164 34 2009, is amended by striking the subsection.
164 35 Sec. 341. Section 273.10, subsection 2, Code Supplement
165 1 2009, is amended to read as follows:
165 2 2. Prior to a visit to an area education agency, the
165 3 accreditation team shall have access to that area education
165 4 agency's program audit report filed with the department. After
165 5 a visit to an area education agency, the accreditation team
165 6 shall determine whether the accreditation standards for a
165 7 program, including but not limited to standards established
165 8 pursuant to section 256.9, subsection 59, have been met and
165 9 shall make a report to the director and the state board,
165 10 together with a recommendation as to whether the programs of
165 11 the area education agency should receive initial accreditation
165 12 or remain accredited. The accreditation team shall report
165 13 strengths and weaknesses, if any, for each accreditation
165 14 standard and shall advise the area education agency of
165 15 available resources and technical assistance to further enhance
165 16 the strengths and improve areas of weakness. An area education
165 17 agency may respond to the accreditation team's report. Sec. 342.
165 18 Section 273.11, subsection 2, Code 2009, is
165 19 amended by adding the following new paragraph:
165 20 NEW PARAGRAPH. j. Support for early childhood service
165 21 coordination for families and children to meet health, safety,
165 22 and learning needs.
165 23 Sec. 343. Section 273.23, subsection 1, Code 2009, is
165 24 amended to read as follows:
165 25 1. A petition filed under section 273.21 shall state the
165 26 number of directors on the initial board which shall be either
165 27 seven or nine eleven directors. The petition shall specify
165 28 the number of directors to be retained from each area, and
165 29 those numbers shall be proportionate to the populations of the
165 30 agencies. If the proportionate balance of directors among the
165 31 affected agencies specified in the plan is affected by school
165 32 districts petitioning to be excluded from the reorganization,
165 33 or if the proposal specified in the plan does not comply with
165 34 the requirement for proportionate representation, the state
165 35 board shall modify the proposal. However, all area education
166 1 agencies affected shall retain at least one member.
166 2 Sec. 344. Section 280.20, subsection 3, Code 2009, is
166 3 amended by striking the subsection. Sec. 345.
166 4 REPEAL. Chapter 280A, Code and Code Supplement
166 5 2009, is repealed.
166 6 Sec. 346. REPEAL. Section 256.32, Code 2009, is repealed.
166 7 Sec. 347. DEPARTMENT OF EDUCATION STUDY OF AREA EDUCATION
166 8 AGENCY FUNDING AND SERVICES. The department of education shall
166 9 conduct a study of the current area education agency funding
166 10 system and develop alternative proposals for funding the area
166 11 education agency system, including but not limited to proposals
166 12 for a line item appropriation and funding that does not rely
166 13 on per pupil allocations based on school district enrollments,
166 14 and for a change in the process by which state and property
166 15 tax=generated funds flow to the area education agencies. The
166 16 department shall submit its findings and recommendations in a
166 17 report to the general assembly by December 15, 2010. Sec. 348.
166 18 EFFECTIVE AND APPLICABILITY DATE PROVISIONS. The
166 19 sections of this division of this Act amending sections 273.8,
166 20 273.10, and 273.23 take effect January 1, 2011, and apply to
166 21 elections for the boards of directors of area education agency
166 22 boards in which the boundaries for the director districts are
166 23 drawn using official population figures from the 2010 federal
166 24 decennial census.
166 25 DIVISION XXIII
166 26 EARLY CHILDHOOD IOWA INITIATIVE
166 27 Sec. 349. NEW SECTION. 256I.1 Definitions.
166 28 For the purposes of this chapter, unless the context
166 29 otherwise requires:
166 30 1. "Department" means the department of education.
166 31 2. "Desired results" means the set of desired results for
166 32 improving the quality of life in this state for young children
166 33 and their families identified in section 256I.2.
166 34 3. "Early care", "early care services", or "early care
166 35 system" means the programs, services, support, or other
167 1 assistance made available to a parent or other person who is
167 2 involved with addressing the education, health, and human
167 3 services needs of a child from zero through age five. "Early
167 4 care", "early care services", or "early care system" includes
167 5 but is not limited to public and private efforts and formal and
167 6 informal settings.
167 7 4. "Early childhood Iowa area" means a geographic area
167 8 designated in accordance with this chapter.
167 9 5. "Early childhood Iowa area board" or "area board"
167 10 means the board for an early childhood Iowa area created in
167 11 accordance with this chapter.
167 12 6. "Early childhood Iowa state council" or "state council"
167 13 means the early childhood Iowa state council created in section
167 14 256I.3.
167 15 7. "State board" means the state board of education
167 16 established in section 256.3.
167 17 Sec. 350. NEW SECTION. 256I.2 Desired results == purpose
167 18 and scope.
167 19 1. The early childhood Iowa initiative is intended to
167 20 implement a comprehensive system providing statewide early care
167 21 services and other support for young children from zero through
167 22 age five. It is intended that through the early childhood Iowa
167 23 initiative every community and school district in Iowa will
167 24 develop the capacity and commitment for using local, informed
167 25 decision making to achieve the following set of desired results
167 26 for improving the quality of life in this state for young
167 27 children and their families:
167 28 a. Healthy children.
167 29 b. Children ready to succeed in school.
167 30 c. Safe and supportive communities.
167 31 d. Secure and nurturing families.
167 32 e. Secure and nurturing early learning environments.
167 33 2. The purpose of creating the early childhood Iowa
167 34 initiative is to empower individuals, communities, and state
167 35 level partners to achieve the desired results. The desired
168 1 results will be achieved as private and public entities work
168 2 collaboratively. This initiative creates a partnership between
168 3 communities and state level partners to support children zero
168 4 through age five and their families. The role of the the
168 5 state board and the department, in collaboration with area
168 6 boards, and other state and local government agencies is to
168 7 provide support, leadership, and facilitation of the growth of
168 8 individual, community, and state responsibility in addressing
168 9 the desired results.
168 10 3. To achieve the desired results, the initiative's primary
168 11 focus shall be on the efforts of the state and communities to
168 12 work together to improve the efficiency and effectiveness of
168 13 early care, education, health, and human services provided to
168 14 families with children from zero through age five.
168 15 4. The state board shall adopt rules in accordance with
168 16 chapter 17A as necessary to implement this chapter.
168 17 Sec. 351. NEW SECTION. 256I.3 Early childhood Iowa state
168 18 council created.
168 19 1. The early childhood Iowa state council is created to
168 20 promote the provision of early care, education, health, and
168 21 human services to families with children from zero through age
168 22 five. The state council shall serve as an advisory body to the
168 23 state board and the department.
168 24 2. a. The state council shall consist of nine voting
168 25 members with three citizen members and six state agency
168 26 members. A citizen member shall not be an elected official,
168 27 public employee, or paid staff member of an agency receiving
168 28 funding through the early childhood Iowa initiative. The six
168 29 state agency members shall be the directors or their designee
168 30 of the following departments: economic development, education,
168 31 human rights, human services, public health, and workforce
168 32 development. The designees of state agency directors shall
168 33 be selected on an annual basis. The citizen members shall
168 34 be appointed by the governor, subject to confirmation by the
168 35 senate.
169 1 b. The governor's citizen member appointees shall be
169 2 selected from individuals nominated by early childhood Iowa
169 3 area boards, school boards, or area education agencies. The
169 4 term of office of the citizen members is three years. A
169 5 citizen member vacancy on the state council shall be filled in
169 6 the same manner as the original appointment for the balance of
169 7 the unexpired term.
169 8 3. Citizen members shall be reimbursed for actual and
169 9 necessary expenses incurred in performance of their duties.
169 10 Citizen members shall be paid a per diem as specified in
169 11 section 7E.6.
169 12 4. In addition to the voting members, the state council
169 13 shall include four members of the general assembly with not
169 14 more than one member from each chamber being from the same
169 15 political party. The two senators shall be appointed one each
169 16 by the majority leader of the senate and by the minority leader
169 17 of the senate. The two representatives shall be appointed one
169 18 each by the speaker of the house of representatives and by the
169 19 minority leader of the house of representatives. Legislative
169 20 members shall serve in an ex officio, nonvoting capacity. A
169 21 legislative member is eligible for per diem and expenses as
169 22 provided in section 2.10.
169 23 5. The governor shall select a chairperson from the state
169 24 council's voting members. The state council may select other
169 25 officers from the voting members as determined to be necessary
169 26 by the state council. The state council shall meet regularly
169 27 as determined by the state council, upon the call of the state
169 28 council's chairperson, or upon the call of a majority of voting
169 29 members. The council shall meet at least quarterly.
169 30 6. Staffing for the state council shall be provided by the
169 31 department.
169 32 Sec. 352. NEW SECTION. 256I.4 Early childhood Iowa state
169 33 council, department, and state board of education duties.
169 34 The state council shall perform the following duties:
169 35 1. Assist the department in providing oversight of early
170 1 childhood Iowa areas.
170 2 2. Assist the department in managing and coordinating the
170 3 provision of grant funding and other moneys made available to
170 4 early childhood Iowa areas by combining all or portions of
170 5 appropriations or other revenues as authorized by law.
170 6 3. Provide recommendations for use by the state board
170 7 in approving the boundaries for the early childhood Iowa
170 8 areas throughout the state and any proposed changes to the
170 9 boundaries.
170 10 4. Assist the state board and department in developing a
170 11 strategic plan for a comprehensive system of early childhood
170 12 services and other support. The strategic plan shall be
170 13 annually updated and disseminated to the public. Specific
170 14 items to be addressed in the strategic plan shall include but
170 15 are not limited to all of the following:
170 16 a. Provisions to strengthen the state structure including
170 17 interagency levels of collaboration, coordination, and
170 18 integration.
170 19 b. Provisions for building public=private partnerships.
170 20 c. Provisions to support consolidating, blending, and
170 21 redistributing state=administered funding streams and the
170 22 coordination of federal funding streams. The strategic
170 23 plan shall also address integration of services provided
170 24 through area boards, school districts, other state and local
170 25 commissions, committees, and other bodies with overlapping
170 26 and similar purposes which contribute to redundancy and
170 27 fragmentation in early childhood services and other support
170 28 programs provided to the public.
170 29 d. Provisions for improving the efficiency of working with
170 30 federally mandated bodies.
170 31 e. Identification of indicators that measure the success of
170 32 the various strategies that impact communities, families, and
170 33 children. The indicators shall be developed with input from
170 34 area boards and early childhood stakeholders.
170 35 5. Provide input for use by the state board in adopting
171 1 common performance measures and data for services, programs,
171 2 and activities provided by area boards. Data from common
171 3 performance measures shall be incorporated in the annual
171 4 reporting required of the state board and the department.
171 5 6. Provide input for use by the department and by the state
171 6 board in adopting a levels of excellence rating system. The
171 7 rating system shall be incorporated in the review and approval
171 8 process utilized for area boards and the areas being served.
171 9 The rating system and process shall allow for flexibility
171 10 and creativity of area boards in implementing area board
171 11 responsibilities and provide authority for the area boards to
171 12 support the communities in the areas served. The levels of
171 13 excellence rating system shall utilize a tiered approach for
171 14 recognizing the performance of an area board. The system shall
171 15 provide for action to address poor performing areas as well as
171 16 higher performing areas. If an area board achieves the highest
171 17 rating level, the state board shall allow special flexibility
171 18 provisions in regard to the funding appropriated or allocated
171 19 for that area board. The state board may determine how often
171 20 area boards are reviewed under the system.
171 21 7. Develop guidelines for recommended insurance or other
171 22 liability coverage and take other actions to assist area boards
171 23 in acquiring such coverage at a reasonable cost. Moneys
171 24 expended by an area board to acquire necessary insurance or
171 25 other liability coverage shall be considered an administrative
171 26 cost.
171 27 8. Promote the alignment of state agencies involved
171 28 with early childhood services with the strategic plan for a
171 29 comprehensive system of early childhood services and other
171 30 support.
171 31 9. Work with the bureau of early childhood services
171 32 in building public=private partnerships for promoting the
171 33 comprehensive system of early childhood services and other
171 34 support.
171 35 10. Support the coordination of information concerning
172 1 early childhood services and other support on the department's
172 2 internet site. Sec. 353.
172 3 NEW SECTION. 256I.5 Bureau of early childhood
172 4 services.
172 5 In consultation with the state council, the department shall
172 6 establish a bureau of early childhood services. The functions
172 7 of the bureau shall include but are not limited to all of the
172 8 following:
172 9 1. Develop a definition of at=risk children for the purposes
172 10 of this chapter. The definition shall include income, family
172 11 structure, the child's level of development, and availability
172 12 or accessibility for the child of a head start or other child
172 13 care program as criteria.
172 14 2. Establish minimum guidelines for comprehensive early
172 15 care and early child development services for at=risk children
172 16 from zero through age five. The guidelines shall reflect
172 17 current research findings on the necessary components for
172 18 cost=effective child development services.
172 19 3. At least biennially, develop an inventory of child
172 20 development services provided to at=risk children from zero
172 21 through age five in this state and identify the number of
172 22 children receiving and not receiving these services, the types
172 23 of programs under which the services are received, the degree
172 24 to which each program meets the department's minimum guidelines
172 25 for a comprehensive program, and the reasons children not
172 26 receiving the services are not being served. The bureau is
172 27 not required to conduct independent research in developing the
172 28 inventory, but shall determine information needs necessary to
172 29 provide a more complete inventory.
172 30 4. a. Subject to the availability of funds appropriated
172 31 or otherwise available for the purpose of providing child
172 32 development services, award grants for programs that provide
172 33 new or additional child development services to at=risk
172 34 children.
172 35 b. In awarding program grants to an agency or individual,
173 1 the bureau shall consider the following:
173 2 (1) The quality of the staff and staff background in child
173 3 development services.
173 4 (2) The degree to which the program is or will be integrated
173 5 with existing community resources and has the support of the
173 6 local community.
173 7 (3) The ability of the program to provide for child care
173 8 in addition to child development services for families needing
173 9 full=day child care.
173 10 (4) A staff=to=children ratio within the guidelines
173 11 established under subsection 2, but not less than one staff
173 12 member per eight children.
173 13 (5) The degree to which the program involves and works with
173 14 the parents, and includes home visits, instruction for parents
173 15 on parenting skills, on enhancement of skills in providing for
173 16 their children's learning and development, and the physical,
173 17 mental, and emotional development of children, and experiential
173 18 education.
173 19 (6) The manner in which health, medical, dental, and
173 20 nutrition services are incorporated into the program.
173 21 (7) The degree to which the program complements existing
173 22 programs and services for at=risk children from zero through
173 23 age five available in the area, including other child care
173 24 services, services provided through the school district, and
173 25 services available through area education agencies and early
173 26 childhood Iowa areas.
173 27 (8) The degree to which the program can be monitored and
173 28 evaluated to determine its ability to meet its goals.
173 29 (9) The provision of transportation or other auxiliary
173 30 services that may be necessary for families to participate in
173 31 the program.
173 32 (10) The provision of staff training and development, and
173 33 staff compensation sufficient to assure continuity.
173 34 c. Program grants funded under this subsection may integrate
173 35 children not meeting at=risk criteria into the program and
174 1 shall establish a fee for participation in the program in the
174 2 manner provided in section 279.49, but grant funds shall not be
174 3 used to pay the costs for those children.
174 4 5. a. Encourage the submission of grant requests from all
174 5 potential providers of early care and early childhood services
174 6 and shall be flexible in evaluating grants, recognizing that
174 7 different types of programs may be suitable for different
174 8 locations in the state. However, requests for grants must
174 9 contain a procedure for evaluating the effectiveness of
174 10 the program and accounting procedures for monitoring the
174 11 expenditure of grant moneys.
174 12 b. The bureau shall seek to use performance=based measures
174 13 to evaluate programs. Not more than five percent of any state
174 14 funds appropriated for child development purposes may be used
174 15 for administration and evaluation.
174 16 6. Subject to a decision by the state board to initiate the
174 17 programs, develop criteria for and award grants under section
174 18 279.51, subsection 2.
174 19 7. Work to align the early childhood programs and other
174 20 support addressed by this chapter with the federally funded
174 21 early childhood programs and the statewide preschool program
174 22 for four=year=old children implemented pursuant to chapter
174 23 256C.
174 24 8. Work with area boards, school districts, area education
174 25 agencies, and other state agencies to provide leadership for
174 26 development of the comprehensive early childhood system. The
174 27 leadership functions shall include but are not limited to all
174 28 of the following:
174 29 a. Develop and keep current memoranda of understanding
174 30 between the state agencies represented on the state council to
174 31 promote development and integration of the comprehensive early
174 32 childhood system and to clarify the roles and responsibilities
174 33 of those agencies.
174 34 9. The center shall work with the state and area boards to
174 35 provide leadership for comprehensive system development. The
175 1 center shall also do all of the following:
175 2 a. Enter into memoranda of agreement with the departments of
175 3 economic development, education, human rights, human services,
175 4 public health, and workforce development to formalize the
175 5 respective departments' commitments to collaborating with and
175 6 integrating a comprehensive early care, education, health,
175 7 and human services system. Items addressed in the memoranda
175 8 shall include but are not limited to data sharing and providing
175 9 staffing to the technical assistance team.
175 10 b. Work with private businesses, foundations, and nonprofit
175 11 organizations to develop sustained funding.
175 12 c. Maintain the internet site in accordance with section
175 13 256I.10.
175 14 d. Provide technical support to the state and area boards
175 15 and to the early childhood Iowa areas through staffing services
175 16 made available through the state agencies that serve on the
175 17 state council.
175 18 e. Develop, collect, disseminate, and provide guidance for
175 19 common performance measures for the programs receiving funding
175 20 under the auspices of the area boards.
175 21 f. If a disagreement arises within an early childhood Iowa
175 22 area regarding the interests represented on the area's board,
175 23 board decisions, or other disputes that cannot be locally
175 24 resolved, upon request, provide technical assistance to assist
175 25 the area in resolving the disagreement.
175 26 g. Adopt a system of program and fiscal accountability
175 27 and transparency for early childhood services programming. The
175 28 bureau shall ensure that early childhood Iowa areas and boards
175 29 are accountable for the expectations and requirements of this
175 30 chapter and any administrative rules adopted to support the
175 31 implementation of this chapter.
175 32 h. In collaboration with the state council, develop a
175 33 resource directory of parent involvement programs to assist
175 34 district and early childhood Iowa areas in planning family
175 35 support programs.
176 1 Sec. 354. NEW SECTION. 256I.6 Early childhood Iowa areas.
176 2 1. The purpose of an early childhood Iowa area is to enable
176 3 local citizens to lead collaborative efforts involving early
176 4 care, education, health, and human services on behalf of
176 5 the children, families, and other citizens residing in the
176 6 area. Leadership functions may include but are not limited
176 7 to strategic planning for and oversight and managing of such
176 8 programs and the funding made available to the early childhood
176 9 Iowa area for such programs from federal, state, local, and
176 10 private sources. The focus of the area shall be to achieve the
176 11 desired results and to improve other results for families with
176 12 young children.
176 13 2. An early childhood Iowa area shall be designated by using
176 14 existing county boundaries to the extent possible.
176 15 3. The designation of an early childhood Iowa area
176 16 boundaries and the creation of an area board are both subject
176 17 to the approval of the department. The department shall
176 18 determine if a proposed area board can efficiently and
176 19 effectively administer the responsibilities and authority of
176 20 the area to be served. The department may apply additional
176 21 criteria for designating areas and approving area boards, but
176 22 shall apply all of the following minimum criteria:
176 23 a. An area cannot encompass more than four counties.
176 24 b. The counties encompassing a multicounty area must have
176 25 contiguous borders.
176 26 c. A single county area shall have a minimum population
176 27 of children zero through age five in excess of five thousand,
176 28 based on the most recent population estimates issued by the
176 29 United States bureau of the census.
176 30 4. If the department determines exceptional circumstances
176 31 exist, the department may waive any of the criteria otherwise
176 32 specified in subsection 3.
176 33 Sec. 355. NEW SECTION. 256I.7 Early childhood Iowa area
176 34 boards created.
176 35 1. a. The early childhood Iowa functions for an area
177 1 shall be performed under the authority of an early childhood
177 2 Iowa area board. The membership of an area board shall
177 3 consist of elected officials in the area and citizen members
177 4 who reside in the area. A citizen member shall not be an
177 5 employee of or otherwise represent education, health, or
177 6 human services agencies or be a paid staff member of an
177 7 agency receiving funding through the early childhood Iowa
177 8 initiative. In addition, the membership of an area board shall
177 9 include representation from education, health, human services,
177 10 business, and faith interests, and at least one parent,
177 11 grandparent, or guardian of a child from zero through age five.
177 12 The education, health, and human services agencies represented
177 13 on an area board may receive funding from the area board.
177 14 b. Terms of office of area board members shall be not more
177 15 than three years and the terms shall be staggered.
177 16 2. An area board may designate an advisory council
177 17 consisting of persons employed by or otherwise paid to
177 18 represent an entity listed in subsection 1 or other provider
177 19 of service.
177 20 3. An area board shall elect a chairperson from among the
177 21 members who are citizens or elected officials.
177 22 4. An area board is a unit of local government for purposes
177 23 of chapter 670, relating to tort liability of governmental
177 24 subdivisions. For purposes of implementing a formal
177 25 organizational structure, an area board may utilize recommended
177 26 guidelines and bylaws established for this purpose by the state
177 27 board or the department.
177 28 5. All meetings of an area board or any committee or other
177 29 body established by an area board at which public business
177 30 is discussed or formal action taken shall comply with the
177 31 requirements of chapter 21. An area board shall maintain its
177 32 records in accordance with chapter 22.
177 33 Sec. 356. NEW SECTION. 256I.8 Early childhood Iowa area
177 34 board duties.
177 35 1. An early childhood Iowa area board shall do all of the
178 1 following:
178 2 a. Designate an area education agency to be the fiscal
178 3 agent for grant moneys or other moneys administered by the area
178 4 board.
178 5 b. Administer early childhood Iowa grant moneys available
178 6 from the state to the area board as provided by law and other
178 7 federal, state, local, and private moneys made available to
178 8 the area board. Eligibility for receipt of early childhood
178 9 Iowa grant moneys shall be limited to those early childhood
178 10 area boards that have developed an approved community plan in
178 11 accordance with this chapter. An early childhood area board
178 12 may apply to the department for any private moneys received
178 13 by the early childhood Iowa initiative outside of a state