Bill Text: IA SF2338 | 2011-2012 | 84th General Assembly | Enrolled

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Bill Title: A bill for an act relating to government operations and efficiency and other related matters and including effective date and applicability provisions. (Formerly SSB 3176 and SF 2299.) Vetoed 5-25-12.

Spectrum: Committee Bill

Status: (Vetoed) 2012-05-25 - Vetoed by Governor. S.J. 954. [SF2338 Detail]

Download: Iowa-2011-SF2338-Enrolled.html

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Senate File 2338
AN ACT
RELATING TO GOVERNMENT OPERATIONS AND EFFICIENCY AND
OTHER RELATED MATTERS AND INCLUDING EFFECTIVE DATE AND
APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
GOVERNMENT INFORMATION TECHNOLOGY SERVICES
Section 1. Section 8A.205, subsection 2, paragraph g, Code
2011, is amended to read as follows:
g. Encourage participating agencies to utilize duplex
printing and a print on demand strategy to reduce printing
costs, publication overruns, excessive inventory, and obsolete
printed materials.
Sec. 2. DEPARTMENT OF ADMINISTRATIVE SERVICES ——
INFORMATION TECHNOLOGY DEVICE INVENTORY.
1. The department of administrative services shall complete
an inventory of information technology devices utilized by the
department and participating agencies, as defined in section
8A.201. The department shall conduct the inventory with the
goal of identifying potential information technology device
upgrades, changes, or other efficiencies that will meet the
information technology needs of the applicable department or

Senate File 2338, p. 2
agency at reduced cost to the state.
2. The department shall submit a report to the general
assembly by January 1, 2013, describing the department’s
actions as required by this section. The report shall,
if applicable, identify any statutory barriers or needed
technology investments for pursuing efforts described in this
section and shall include in the report its findings and any
recommendations for legislative action.
Sec. 3. DEPARTMENT OF ADMINISTRATIVE SERVICES ——
INFORMATION TECHNOLOGY COORDINATION AND MANAGEMENT.
1. The department of administrative services, in accordance
with the requirements of 2010 Acts, chapter 1031, and Code
section 8A.202, subsection 2, paragraph “g”, to coordinate and
manage information technology services within the department,
shall establish a schedule by which all departments subject
to the requirements of that Act and chapter 8A shall comply
with these requirements. The schedule shall provide for
implementation of the requirements to all affected state
agencies and departments by December 31, 2013. The department
shall submit a copy of the schedule to the general assembly
by July 31, 2012, and shall provide periodic updates to the
general assembly on the progress of meeting the time deadlines
contained in the schedule.
2. In procuring information technology as provided in
section 8A.207, the department of administrative services
should explore strategies of procuring information technology
through leasing.
DIVISION II
MEDICATION THERAPY MANAGEMENT
Sec. 4. NEW SECTION . 8A.441 Medication therapy management.
1. As used in this section, unless the context otherwise
requires:
a. “Eligible employee” means an employee of the state, with
the exception of an employee of the state board of regents or
institutions under the state board of regents, for whom group
health plans are established pursuant to chapter 509A providing
for third-party payment or prepayment for health or medical
expenses.
b. “Medication therapy management” means a systematic
process performed by a licensed pharmacist, designed to improve
quality outcomes for patients and lower health care costs,
including emergency room, hospital, provider, and other costs,
by optimizing appropriate medication use linked directly to

Senate File 2338, p. 3
achievement of the clinical goals of therapy. Medication
therapy management shall include all of the following services:
(1) A medication therapy review and in-person consultation
relating to all medications, vitamins, and herbal supplements
currently being taken by an eligible individual.
(2) A medication action plan, subject to the limitations
specified in this section, communicated to the individual and
the individual’s primary care physician or other appropriate
prescriber to address issues including appropriateness,
effectiveness, safety, drug interactions, and adherence. The
medication action plan may include drug therapy recommendations
to prescribers that are needed to meet clinical goals and
achieve optimal patient outcomes.
(3) Documentation and follow-up to ensure consistent levels
of pharmacy services and positive outcomes.
2. a. The department shall utilize a request for proposals
process and shall enter into a contract for the provision of
medication therapy management services for eligible employees
who meet any of the following criteria:
(1) An individual who takes four or more prescription drugs
to treat or prevent two or more chronic medical conditions.
(2) An individual with a prescription drug therapy problem
who is identified by the prescribing physician or other
appropriate prescriber, and referred to a pharmacist for
medication therapy management services.
(3) An individual who meets other criteria established by
the third-party payment provider contract, policy, or plan.
b. The contract shall require the entity to provide annual
reports to the general assembly detailing the costs, savings,
estimated cost avoidance and return on investment, and improved
patient outcomes related to the medication therapy management
services provided. The entity shall guarantee demonstrated
annual savings for overall health care costs, including
emergency room, hospital, provider, and other costs, with
savings including associated cost avoidance, at least equal
to the program’s costs with any shortfall amount refunded to
the state. The contract shall include terms, conditions,
and applicable measurement standards associated with the
demonstration of savings. The department shall verify the
demonstrated savings reported by the entity were achieved in
accordance with the agreed upon measurement standards. The
entity shall be prohibited from using the entity’s employees to
provide the medication therapy management services and shall

Senate File 2338, p. 4
instead be required to contract with licensed pharmacies,
pharmacists, or physicians.
c. The department may establish an advisory committee
comprised of an equal number of physicians and pharmacists
to provide advice and oversight in evaluating the results of
the program. The department shall appoint the members of the
advisory committee based upon designees of the Iowa pharmacy
association, the Iowa medical society, and the Iowa osteopathic
medical association.
d. The fees for pharmacist-delivered medication therapy
management services shall be separate from the reimbursement
for prescription drug product or dispensing services; shall
be determined by each third-party payment provider contract,
policy, or plan; and must be reasonable based on the resources
and time required to provide the service.
e. A fee shall be established for physician reimbursement
for services delivered for medication therapy management as
determined by each third-party payment provider contract,
policy, or plan, and must be reasonable based on the resources
and time required to provide the service.
f. If any part of the medication therapy management
plan developed by a pharmacist incorporates services which
are outside the pharmacist’s independent scope of practice
including the initiation of therapy, modification of dosages,
therapeutic interchange, or changes in drug therapy, the
express authorization of the individual’s physician or other
appropriate prescriber is required.
Sec. 5. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION III
STATE PHYSICAL RESOURCES
Sec. 6. STATE EMPLOYEE WORK ENVIRONMENT ANALYSIS
AND REPORT. By September 30, 2012, the department of
administrative services shall conduct a high level needs
analysis of state employee work stations and office standards,
assessing adequate square footage needs, and creating healthy,
productive, and efficient work environments in an economical
manner. Overall objectives of the analysis shall include
improving employee density; properly allocating space for
individual and group work; improving worker health and
safety; improving technology integration; and improving energy
efficiency and sustainability in state offices. The department

Senate File 2338, p. 5
shall submit findings and recommendations to the capitol
planning commission and to the legislative fiscal committee by
October 30, 2012.
DIVISION IV
AUDITS
Sec. 7. Section 11.6, subsection 10, Code Supplement 2011,
is amended to read as follows:
10. The auditor of state shall adopt rules in accordance
with chapter 17A to establish and collect a filing fee for
the filing of each report of audit or examination conducted
pursuant to subsections 1 through 3 subsection 1, paragraphs “a”
and “c” , subsection 2, and subsection 3 . The funds collected
shall be maintained in a segregated account for use by the
office of the auditor of state in performing audits conducted
pursuant to subsection 4 and for work paper reviews conducted
pursuant to subsection 5 . Any funds collected by the auditor
pursuant to subsection 4 shall be deposited in this account.
Notwithstanding section 8.33 , the funds in this account shall
not revert at the end of any fiscal year.
Sec. 8. Section 182.18, subsection 1, Code 2011, is amended
to read as follows:
1. Moneys collected under this chapter are subject to audit
by the auditor of state and shall be used by the Iowa sheep and
wool promotion board first for the payment of collection and
refund expenses, second for payment of the costs and expenses
arising in connection with conducting referendums, and third
for the purposes identified in section 182.11 , and fourth for
the cost of audits for the auditor of state . Moneys of the
board remaining after a referendum is held at which a majority
of the voters favor termination of the board and the assessment
shall continue to be expended in accordance with this chapter
until exhausted. The auditor of state may seek reimbursement
for the cost of the audit.
Sec. 9. Section 184.14, subsection 2, Code 2011, is amended
to read as follows:
2. Moneys collected, deposited in the fund, and transferred
to the council as provided in this chapter are subject to
audit by the auditor of state. The auditor of state may
seek reimbursement for the cost of the audit. The moneys
transferred to the council shall be used by the council first
for the payment of collection expenses, second for payment of
the costs and expenses arising in connection with conducting
referendums, and third to perform the functions and carry out

Senate File 2338, p. 6
the duties of the council as provided in this chapter , and
fourth for the cost of audits by the auditor of state . Moneys
remaining after the council is abolished and the imposition of
an assessment is terminated pursuant to a referendum conducted
pursuant to section 184.5 shall continue to be expended in
accordance with this chapter until exhausted.
Sec. 10. Section 184A.6, subsection 2, Code 2011, is amended
to read as follows:
2. The council shall expend moneys from the account first
for the payment of expenses for the collection of assessments,
second and then for the payment of expenses related to
conducting a referendum as provided in section 184A.12 ,
and third for the cost of audits by the auditor of state as
required in section 184A.9 . The council shall expend remaining
moneys for market development, producer education, and the
payment of refunds to producers as provided in this chapter .
Sec. 11. Section 184A.9, Code 2011, is amended to read as
follows:
184A.9 Audit.
Moneys required to be deposited in the turkey council
account as provided in section 184A.4 shall be subject to
audit by the auditor of state. The auditor of state may seek
reimbursement for the cost of the audit from moneys deposited
in the turkey council account.
Sec. 12. Section 185C.26, Code 2011, is amended to read as
follows:
185C.26 Deposit of moneys —— corn promotion fund.
A state assessment collected by the board from a sale of corn
shall be deposited in the office of the treasurer of state in
a special fund known as the corn promotion fund. The fund may
include any gifts, rents, royalties, interest, license fees,
or a federal or state grant received by the board. Moneys
collected, deposited in the fund, and transferred to the board
as provided in this chapter shall be subject to audit by the
auditor of state. The auditor of state may seek reimbursement
for the cost of the audit from moneys deposited in the fund as
provided in this chapter . The department of administrative
services shall transfer moneys from the fund to the board
for deposit into an account established by the board in a
qualified financial institution. The department shall transfer
the moneys as provided in a resolution adopted by the board.
However, the department is only required to transfer moneys
once during each day and only during hours when the offices of

Senate File 2338, p. 7
the state are open. From moneys collected, the board shall
first pay all the direct and indirect costs incurred by the
secretary and the costs of referendums, elections, and other
expenses incurred in the administration of this chapter , before
moneys may be expended for the purpose of carrying out the
purposes of this chapter as provided in section 185C.11 .
Sec. 13. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION V
HOMELAND SECURITY AND EMERGENCY MANAGEMENT ORGANIZATION
Sec. 14. Section 7E.5, subsection 1, paragraph p, Code
Supplement 2011, is amended to read as follows:
p. The department of public defense, created in section
29.1 , which has primary responsibility for state military
forces and emergency management .
Sec. 15. Section 7E.5, subsection 1, Code Supplement 2011,
is amended by adding the following new paragraph:
NEW PARAGRAPH . w. The department of homeland security
and emergency management, created in section 29C.5, which has
primary responsibility for the administration of emergency
planning matters, including emergency resource planning in
this state, homeland security activities, and coordination of
available services and resources in the event of a disaster to
include those services and resources of the federal government
and private entities.
Sec. 16. Section 8A.202, subsection 5, paragraph e, Code
2011, is amended to read as follows:
e. (1) The department of public defense , including both
the military division and the homeland security and emergency
management division, shall not be required to obtain any
information technology services pursuant to this subchapter
for the department of public defense or its divisions that is
provided by the department pursuant to this chapter without the
consent of the adjutant general.
(2) The department of homeland security and emergency
management shall not be required to obtain any information
technology services pursuant to this subchapter for the
department of homeland security and emergency management that
is provided by the department pursuant to this chapter without
the consent of the director of the department of homeland
security and emergency management.
Sec. 17. Section 8D.2, subsection 5, paragraph b, Code

Senate File 2338, p. 8
Supplement 2011, is amended to read as follows:
b. For the purposes of this chapter , “public agency” also
includes any homeland security or defense facility or disaster
response agency established by the administrator director of
the department of homeland security and emergency management
division of the department of public defense or the governor
or any facility connected with a security or defense system or
disaster response as required by the administrator director of
the department of homeland security and emergency management
division of the department of public defense or the governor.
Sec. 18. Section 8D.9, subsection 3, Code Supplement 2011,
is amended to read as follows:
3. A facility that is considered a public agency pursuant
to section 8D.2, subsection 5 , paragraph “b” , shall be
authorized to access the Iowa communications network strictly
for homeland security communication purposes and disaster
communication purposes. Any utilization of the network that
is not related to communications concerning homeland security
or a disaster, as defined in section 29C.2 , is expressly
prohibited. Access under this subsection shall be available
only if a state of disaster emergency is proclaimed by the
governor pursuant to section 29C.6 or a homeland security
or disaster event occurs requiring connection of disparate
communications systems between public agencies to provide
for a multiagency or multijurisdictional response. Access
shall continue only for the period of time the homeland
security or disaster event exists. For purposes of this
subsection , disaster communication purposes includes training
and exercising for a disaster if public notice of the training
and exercising session is posted on the website internet site
of the department of homeland security and emergency management
division of the department of public defense . A scheduled and
noticed training and exercising session shall not exceed five
days. Interpretation and application of the provisions of this
subsection shall be strictly construed.
Sec. 19. Section 16.191, subsection 2, paragraph e, Code
Supplement 2011, is amended to read as follows:
e. The administrator director of the department of homeland
security and emergency management division of the department of
public defense or the administrator’s director’s designee.
Sec. 20. Section 22.7, subsection 45, Code Supplement 2011,
is amended to read as follows:
45. The critical asset protection plan or any part of the

Senate File 2338, p. 9
plan prepared pursuant to section 29C.8 and any information
held by the department of homeland security and emergency
management division that was supplied to the division
department by a public or private agency or organization and
used in the development of the critical asset protection plan
to include, but not be limited to, surveys, lists, maps, or
photographs. However, the administrator director shall make
the list of assets available for examination by any person.
A person wishing to examine the list of assets shall make
a written request to the administrator director on a form
approved by the administrator director . The list of assets may
be viewed at the division’s department’s offices during normal
working hours. The list of assets shall not be copied in any
manner. Communications and asset information not required by
law, rule, or procedure that are provided to the administrator
director by persons outside of government and for which the
administrator director has signed a nondisclosure agreement are
exempt from public disclosures. The department of homeland
security and emergency management division may provide all or
part of the critical asset plan to federal, state, or local
governmental agencies which have emergency planning or response
functions if the administrator director is satisfied that
the need to know and intended use are reasonable. An agency
receiving critical asset protection plan information from the
division department shall not redisseminate the information
without prior approval of the administrator director .
Sec. 21. Section 23A.2, subsection 10, paragraph m, Code
2011, is amended to read as follows:
m. The repair, calibration, or maintenance of radiological
detection equipment by the department of homeland security
and emergency management division of the department of public
defense .
Sec. 22. Section 29.1, Code 2011, is amended to read as
follows:
29.1 Department of public defense.
The department of public defense is composed of the military
division and the homeland security and emergency management
division office of the adjutant general and the military forces
of the state of Iowa . The adjutant general is the director of
the department of public defense and the budget and personnel
of all of the divisions are subject to the approval of the
adjutant general shall perform all functions, responsibilities,
powers, and duties over the military forces of the state of

Senate File 2338, p. 10
Iowa as provided in the laws of the state . The Iowa emergency
response commission established by section 30.2 is attached to
the department of public defense for organizational purposes.
Sec. 23. Section 29.2A, Code 2011, is amended to read as
follows:
29.2A Airport fire fighters —— maximum age.
The maximum age for a person to be employed as an airport
fire fighter by the military division of the department of
public defense is sixty-five years of age.
Sec. 24. Section 29A.3A, subsection 4, paragraph a, Code
2011, is amended to read as follows:
a. Operations and administration of the civil air patrol
relating to missions not qualifying for federal mission status
shall be funded by the state from moneys appropriated to the
department of homeland security and emergency management
division of the department of public defense for that purpose.
Sec. 25. Section 29A.12, subsection 1, Code 2011, is amended
to read as follows:
1. The adjutant general shall have command and control of
the military division department of public defense , and perform
such duties as pertain to the office of the adjutant general
under law and regulations, pursuant to the authority vested in
the adjutant general by the governor. The adjutant general
shall superintend the preparation of all letters and reports
required by the United States from the state, and perform all
the duties prescribed by law. The adjutant general shall
have charge of the state military reservations, and all other
property of the state kept or used for military purposes. The
adjutant general may accept and expend nonappropriated funds
in accordance with law and regulations. The adjutant general
shall cause an inventory to be taken at least once each year
of all military stores, property, and funds under the adjutant
general’s jurisdiction. In each year preceding a regular
session of the general assembly, the adjutant general shall
prepare a detailed report of the transactions of that office,
its expenses, and other matters required by the governor for
the period since the last preceding report, and the governor
may at any time require a similar report.
Sec. 26. Section 29A.56, Code 2011, is amended to read as
follows:
29A.56 Special police.
The adjutant general may by order entered of record
commission one or more of the employees of the military

Senate File 2338, p. 11
division department of public defense as special police. Such
special police shall on the premises of any state military
reservation or other state military property have and exercise
the powers of regular peace officers.
Sec. 27. Section 29C.1, subsection 1, Code 2011, is amended
to read as follows:
1. To establish a department of homeland security
and emergency management division of the department of
public defense and to authorize the establishment of local
organizations for emergency management in the political
subdivisions of the state.
Sec. 28. Section 29C.2, Code Supplement 2011, is amended by
adding the following new subsections:
NEW SUBSECTION . 1A. “Department” means the department of
homeland security and emergency management.
NEW SUBSECTION . 1B. “Director” means the director of the
department of homeland security and emergency management.
Sec. 29. Section 29C.5, Code 2011, is amended to read as
follows:
29C.5 Homeland Department of homeland security and emergency
management division .
A The department of homeland security and emergency
management division is created within the department of public
defense . The department of homeland security and emergency
management division shall be responsible for the administration
of emergency planning matters, including emergency resource
planning in this state, cooperation with, support of, funding
for, and tasking of the civil air patrol for missions not
qualifying for federal mission status as described in section
29A.3A in accordance with operational and funding criteria
developed with the adjutant general and coordinated with
the civil air patrol, homeland security activities, and
coordination of available services and resources in the event
of a disaster to include those services and resources of the
federal government and private entities . The Iowa emergency
response commission established by section 30.2 is attached to
the department of homeland security and emergency management
for organizational purposes.
Sec. 30. Section 29C.8, Code Supplement 2011, is amended to
read as follows:
29C.8 Powers and duties of administrator director .
1. The department of homeland security and emergency
management division shall be under the management of an

Senate File 2338, p. 12
administrator a director appointed by the governor.
2. The administrator director shall be vested with the
authority to administer emergency management and homeland
security affairs in this state and shall be responsible for
preparing and executing the emergency management and homeland
security programs of this state subject to the direction of the
adjutant general governor . In the event of a disaster beyond
local control, the director may assume direct operational
control over all or any part of the emergency management
functions within this state.
3. The administrator director , upon the direction of
the governor and supervisory control of the director of the
department of public defense , shall:
a. Prepare a comprehensive emergency plan and emergency
management program for homeland security, disaster
preparedness, response, recovery, mitigation, emergency
operation, and emergency resource management of this state.
The plan and program shall be integrated into and coordinated
with the homeland security and emergency plans of the federal
government and of other states to the fullest possible extent
and . The director shall also coordinate the preparation of
plans and programs for emergency management of the political
subdivisions and various state departments of this state.
The plans shall be integrated into and coordinated with a
comprehensive state homeland security and emergency program for
this state as coordinated by the administrator of the homeland
security and emergency management division director to the
fullest possible extent.
b. Make such studies and surveys of the industries,
resources, and facilities in this state as may be necessary to
ascertain the vulnerabilities of critical state infrastructure
and assets to attack and the capabilities of the state for
disaster recovery, disaster planning and operations, and
emergency resource management, and to plan for the most
efficient emergency use thereof.
c. Provide technical assistance to any commission requiring
the assistance in the development of an emergency management
or homeland security program.
d. Implement planning and training for emergency response
teams as mandated by the federal government under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 as amended by the Superfund Amendments
and Reauthorization Act of 1986, 42 U.S.C. § 9601 et seq.

Senate File 2338, p. 13
e. Prepare a critical asset protection plan that contains
an inventory of infrastructure, facilities, systems, other
critical assets, and symbolic landmarks; an assessment of the
criticality, vulnerability, and level of threat to the assets;
and information pertaining to the mobilization, deployment, and
tactical operations involved in responding to or protecting the
assets.
f. Approve and support the development and ongoing
operations of homeland security and emergency response teams to
be deployed as a resource to supplement and enhance disrupted
or overburdened local emergency and disaster operations and
deployed as available to provide assistance to other states
pursuant to the interstate emergency management assistance
compact described in section 29C.21 . The following shall apply
to homeland security and emergency response teams:
(1) A member of a homeland security and emergency response
team acting under this section upon the directive of the
administrator director or pursuant to a governor’s disaster
proclamation as provided in section 29C.6 shall be considered
an employee of the state for purposes of section 29C.21 and
chapter 669 and shall be afforded protection as an employee
of the state under section 669.21 . Disability, workers’
compensation, and death benefits for team members working
under the authority of the administrator director or pursuant
to the provisions of section 29C.6 shall be paid by the
state in a manner consistent with the provisions of chapter
85 , 410 , or 411 as appropriate, depending on the status of
the member, provided that the member is registered with the
homeland security and emergency management division department
as a member of an approved team and is participating as a
team member in a response or recovery operation initiated
by the administrator director or governor pursuant to this
section or in a training or exercise activity approved by the
administrator director .
(2) Each approved homeland security and emergency
management response team shall establish standards for team
membership, shall provide the division with a listing of all
team members, and shall update the list each time a member is
removed from or added to the team. Individuals so identified
as team members shall be considered to be registered as team
members for purposes of subparagraph (1).
(3) Upon notification of a compensable loss to a member of
a homeland security and emergency management response team, the

Senate File 2338, p. 14
department of administrative services shall process the claim
and seek authorization from the executive council to pay as an
expense paid from the appropriations addressed in section 7D.29
those costs associated with covered benefits.
g. Implement and support the national incident management
system as established by the United States department of
homeland security to be used by state agencies and local and
tribal governments to facilitate efficient and effective
assistance to those affected by emergencies and disasters.
4. The administrator director , with the approval of the
governor and upon recommendation of the adjutant general , may
employ a deputy administrator director and such technical,
clerical, stenographic, and other personnel and make such
expenditures within the appropriation or from other funds made
available to the department of public defense for purposes of
emergency management , as may be necessary to administer this
chapter .
5. The homeland security and emergency management division
department may charge fees for the repair, calibration, or
maintenance of radiological detection equipment and may expend
funds in addition to funds budgeted for the servicing of the
radiological detection equipment. The division department
shall adopt rules pursuant to chapter 17A providing for the
establishment and collection of fees for radiological detection
equipment repair, calibration, or maintenance services and
for entering into agreements with other public and private
entities to provide the services. Fees collected for repair,
calibration, or maintenance services shall be treated as
repayment receipts as defined in section 8.2 and shall be used
for the operation of the division’s department’s radiological
maintenance facility or radiation incident response training.
Sec. 31. Section 29C.8A, subsection 2, Code Supplement
2011, is amended to read as follows:
2. The emergency response fund shall be administered by the
homeland security and emergency management division department
to carry out planning and training for the emergency response
teams.
Sec. 32. Section 29C.9, subsections 1, 5, 7, 8, and 10, Code
Supplement 2011, are amended to read as follows:
1. The county boards of supervisors, city councils, and
the sheriff in each county shall cooperate with the homeland
security and emergency management division of the department of
public defense department to establish a commission to carry

Senate File 2338, p. 15
out the provisions of this chapter .
5. The commission shall model its bylaws and conduct its
business according to the guidelines provided in the state
division’s department’s administrative rules.
7. The commission shall delegate to the emergency
management coordinator the authority to fulfill the
commission duties as described in the division’s department’s
administrative rules. Each commission shall appoint a
local emergency management coordinator who shall meet the
qualifications specified in the administrative rules by the
administrator of the homeland security and emergency management
division director . Additional emergency management personnel
may be appointed at the discretion of the commission.
8. The commission shall develop, adopt, and submit
for approval by local governments within the commission’s
jurisdiction, a comprehensive emergency plan which meets
standards adopted by the division department in accordance
with chapter 17A . If an approved comprehensive emergency
plan has not been prepared according to established standards
and the administrator of the homeland security and emergency
management division director finds that satisfactory progress
is not being made toward the completion of the plan, or if
the administrator director finds that a commission has failed
to appoint a qualified emergency management coordinator as
provided in this chapter , the administrator director shall
notify the governing bodies of the counties and cities affected
by the failure and the governing bodies shall not appropriate
any moneys to the local emergency management fund until the
comprehensive emergency plan is prepared and approved or a
qualified emergency management coordinator is appointed.
If the administrator director finds that a commission has
appointed an unqualified emergency management coordinator,
the administrator director shall notify the commission citing
the qualifications which are not met and the commission shall
not approve the payment of the salary or expenses of the
unqualified emergency management coordinator.
10. Two or more commissions may, upon review by the
state administrator director and with the approval of their
respective boards of supervisors and cities, enter into
agreements pursuant to chapter 28E for the joint coordination
and administration of emergency management services throughout
the multicounty area.
Sec. 33. Section 29C.11, subsection 1, Code Supplement

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2011, is amended to read as follows:
1. The local emergency management commission shall, in
collaboration with other public and private agencies within
this state, develop mutual aid arrangements for reciprocal
disaster services and recovery aid and assistance in case
of disaster too great to be dealt with unassisted. The
arrangements shall be consistent with the homeland security and
emergency management division department plan and program, and
in time of emergency each local emergency management agency
shall render assistance in accordance with the provisions of
the mutual aid arrangements.
Sec. 34. Section 29C.12, Code 2011, is amended to read as
follows:
29C.12 Use of existing facilities.
In carrying out the provisions of this chapter , the
governor , and the director of the department of public defense ,
and the executive officers or governing boards of political
subdivisions of the state shall utilize, to the maximum extent
practicable, the services, equipment, supplies , and facilities
of existing departments, officers, and agencies of the state
and of political subdivisions at their respective levels of
responsibility.
Sec. 35. Section 29C.12A, Code 2011, is amended to read as
follows:
29C.12A Participation in funding disaster recovery facility.
All state government departments and agencies may
participate in sharing the cost of the design, construction,
and operation of a disaster recovery facility located in the
STARC joint forces headquarters armory at Camp Dodge. State
departments and agencies may use funds from any source,
including but not limited to user fees and appropriations
for operational or capital purposes, to participate in the
facility.
Sec. 36. Section 29C.14, Code 2011, is amended to read as
follows:
29C.14 Director of the department of administrative services
to issue warrants.
The director of the department of administrative services
shall draw warrants on the treasurer of state for the purposes
specified in this chapter , upon duly itemized and verified
vouchers that have been approved by the administrator director
of the department of homeland security and emergency management
division .

Senate File 2338, p. 17
Sec. 37. Section 29C.18, subsection 1, Code 2011, is amended
to read as follows:
1. Every organization for homeland security and emergency
management established pursuant to this chapter and its
officers shall execute and enforce the orders or rules made by
the governor, or under the governor’s authority and the orders
or rules made by subordinate organizations and not contrary or
inconsistent with the orders or rules of the governor.
Sec. 38. Section 29C.20B, Code Supplement 2011, is amended
to read as follows:
29C.20B Disaster case management.
1. The department of homeland security and emergency
management division shall work with the department of
human services and nonprofit, voluntary, and faith-based
organizations active in disaster recovery and response in
coordination with the department of human services to establish
a statewide system of disaster case management to be activated
following the governor’s proclamation of a disaster emergency
or the declaration of a major disaster by the president of
the United States for individual assistance purposes. Under
the system, the department of homeland security and emergency
management division shall coordinate case management services
locally through local committees as established in each
commission’s emergency plan.
2. The department of homeland security and emergency
management division , in conjunction with the department of
human services and an Iowa representative to the national
voluntary organizations active in disaster, shall adopt rules
pursuant to chapter 17A to create coordination mechanisms
and standards for the establishment and implementation of
a statewide system of disaster case management which shall
include at least all of the following:
a. Disaster case management standards.
b. Disaster case management policies.
c. Reporting requirements.
d. Eligibility criteria.
e. Coordination mechanisms necessary to carry out the
services provided.
f. Development of formal working relationships with agencies
and creation of interagency agreements for those considered to
provide disaster case management services.
g. Coordination of all available services for individuals
from multiple agencies.

Senate File 2338, p. 18
Sec. 39. Section 29C.22, subsection 3, paragraph c, Code
Supplement 2011, is amended to read as follows:
c. The authorized representative of a participating
government may initiate a request by contacting the department
of homeland security and emergency management division of the
state department of public defense . When a request is received
by the division department , the division department shall
directly contact other participating governments to coordinate
the provision of mutual aid.
Sec. 40. Section 29C.22, subsection 11, paragraphs b and c,
Code Supplement 2011, are amended to read as follows:
b. Any participating government may withdraw from this
compact by adopting an ordinance or resolution repealing the
same, but a withdrawal shall not take effect until thirty days
after the governing body of the withdrawing participating
government has given notice in writing of the withdrawal to the
administrator director of the department of homeland security
and emergency management division who shall notify all other
participating governments. The action shall not relieve the
withdrawing political subdivision from obligations assumed
under this compact prior to the effective date of withdrawal.
c. Duly authenticated copies of this compact and any
supplementary agreements as may be entered into shall
be deposited, at the time of their approval, with the
administrator director of the department of homeland security
and emergency management division who shall notify all
participating governments and other appropriate agencies of
state government.
Sec. 41. Section 30.2, subsections 1 and 2, Code Supplement
2011, are amended to read as follows:
1. The Iowa emergency response commission is established.
The commission is responsible directly to the governor. The
commission is attached to the department of public defense
homeland security and emergency management for routine
administrative and support services only.
2. a. The commission is composed of fifteen sixteen members
appointed by the governor. One member shall be appointed to
represent the department of homeland security and emergency
management, one to represent the department of agriculture and
land stewardship, one to represent the department of workforce
development, one to represent the department of justice, one to
represent the department of natural resources, one to represent
the department of public defense, one to represent the Iowa

Senate File 2338, p. 19
department of public health, one to represent the department
of public safety, one to represent the state department of
transportation, one to represent the state fire service and
emergency response council, one to represent a local emergency
planning committee, one to represent the Iowa hazardous
materials task force, and one to represent the office of the
governor. Three representatives from private industry shall
also be appointed by the governor, subject to confirmation by
the senate.
b. The commission members representing the departments
of homeland security and emergency management, workforce
development, natural resources, public defense, public safety,
and transportation, a local emergency planning committee,
and one private industry representative designated by the
commission shall be voting members of the commission. The
remaining members of the commission shall serve as nonvoting,
advisory members.
Sec. 42. Section 30.5, subsection 2, Code 2011, is amended
to read as follows:
2. The commission may enter into agreements pursuant to
chapter 28E to accomplish any duty imposed upon the commission
by the Emergency Planning and Community Right-to-know Act,
but the commission shall not compensate any governmental unit
for the performance of duties pursuant to such an agreement.
Funding for administering the duties of the commission under
sections 30.7 , 30.8 , and 30.9 shall be included in the budgets
of the department of natural resources and the department of
public defense homeland security and emergency management .
Sec. 43. Section 30.9, Code Supplement 2011, is amended to
read as follows:
30.9 Duties to be allocated to department of public defense
homeland security and emergency management .
Agreements negotiated by the commission and the department
of public defense homeland security and emergency management
shall provide for the allocation of duties to the department
of public defense homeland security and emergency management
as follows:
1. Comprehensive emergency plans required to be developed
under section 303 of the Emergency Planning and Community
Right-to-Know Right-to-know Act, 42 U.S.C. § 11003, shall
be submitted to the department of public defense homeland
security and emergency management . Committee submission to
that department constitutes compliance with the requirement for

Senate File 2338, p. 20
reporting to the commission. After initial submission, a plan
need not be resubmitted unless revisions are requested by the
commission. The department of public defense homeland security
and emergency management shall review the plan on behalf of the
commission and shall incorporate the provisions of the plan
into its responsibilities under chapter 29C .
2. The department of public defense homeland security and
emergency management shall advise the commission of the failure
of any committee to submit an initial comprehensive emergency
response and recovery plan or a revised plan requested by the
commission.
3. The department of public defense homeland security and
emergency management shall make available to the public upon
request during normal working hours the information in its
possession pursuant to section 324 of the Emergency Planning
and Community Right-to-Know Right-to-know Act, 42 U.S.C.
§ 11044.
Sec. 44. Section 34A.2, subsection 2, Code 2011, is amended
to read as follows:
2. 3A. “Administrator” “Director” means the administrator
director of the department of homeland security and emergency
management division of the department of public defense .
Sec. 45. Section 34A.2A, Code 2011, is amended to read as
follows:
34A.2A Program manager —— appointment —— duties.
1. The administrator director of the department of homeland
security and emergency management division of the department
of public defense shall appoint an E911 program manager to
administer this chapter .
2. The E911 program manager shall act under the supervisory
control of the administrator director of the department of
homeland security and emergency management division of the
department of public defense , and in consultation with the
E911 communications council, and shall perform the duties
specifically set forth in this chapter and as assigned by the
administrator director .
Sec. 46. Section 34A.6, subsection 3, Code 2011, is amended
to read as follows:
3. The secretary of state, in consultation with the
administrator director , shall adopt rules for the conduct of
joint E911 service referendums as required by and consistent
with subsections 1 and 2 .
Sec. 47. Section 34A.7A, subsection 1, paragraph a, Code

Senate File 2338, p. 21
2011, is amended to read as follows:
a. Notwithstanding section 34A.6 , the administrator director
shall adopt by rule a monthly surcharge of up to sixty-five
cents to be imposed on each wireless communications service
number provided in this state. The surcharge shall be imposed
uniformly on a statewide basis and simultaneously on all
wireless communications service numbers as provided by rule of
the administrator director .
Sec. 48. Section 34A.7A, subsection 2, paragraphs a and h,
Code 2011, are amended to read as follows:
a. An amount as appropriated by the general assembly to the
administrator director shall be allocated to the administrator
director and program manager for implementation, support, and
maintenance of the functions of the administrator director and
program manager and to employ the auditor of state to perform
an annual audit of the wireless E911 emergency communications
fund.
h. The administrator director , in consultation with the
program manager and the E911 communications council, shall
adopt rules pursuant to chapter 17A governing the distribution
of the surcharge collected and distributed pursuant to this
subsection . The rules shall include provisions that all joint
E911 service boards and the department of public safety which
answer or service wireless E911 calls are eligible to receive
an equitable portion of the receipts.
Sec. 49. Section 34A.15, subsection 3, Code Supplement
2011, is amended to read as follows:
3. The council shall advise and make recommendations to
the administrator director and program manager regarding
the implementation of this chapter . Such advice and
recommendations shall be provided on issues at the request of
the administrator director or program manager or as deemed
necessary by the council.
Sec. 50. Section 35A.5, subsection 16, Code Supplement
2011, is amended to read as follows:
16. In coordination with the military division of the
department of public defense, advise service members prior to,
and after returning from, deployment on active duty service
outside the United States of issues related to the filing
of tax returns and the payment of taxes due and encourage a
service member who has not filed a return or who owes taxes to
contact the department of revenue prior to deployment.
Sec. 51. Section 80.28, subsection 2, paragraph a,

Senate File 2338, p. 22
subparagraph (3), Code 2011, is amended to read as follows:
(3) One member representing the department of homeland
security and emergency management division .
Sec. 52. Section 80B.11C, Code 2011, is amended to read as
follows:
80B.11C Telecommunicator training standards.
The director of the academy, subject to the approval of
the council, in consultation with the Iowa state sheriffs’
and deputies’ association, the Iowa police executive forum,
the Iowa association of chiefs of police and peace officers,
the Iowa state police association, the Iowa association
of professional fire fighters, the Iowa emergency medical
services association, the joint council of Iowa fire service
organizations, the Iowa department of public safety, the Iowa
chapter of the association of public safety communications
officials-international, inc., the Iowa chapter of the
national emergency number association, the department of
homeland security and emergency management division of the Iowa
department of public defense , and the Iowa department of public
health, shall adopt rules pursuant to chapter 17A establishing
minimum standards for training of telecommunicators. For
purposes of this section , “telecommunicator” means a person who
receives requests for, or dispatches requests to, emergency
response agencies which include , but are not limited to , law
enforcement, fire, rescue, and emergency medical services
agencies.
Sec. 53. Section 97B.49B, subsection 1, paragraph e,
subparagraph (8), Code Supplement 2011, is amended to read as
follows:
(8) An airport fire fighter employed by the military
division of the department of public defense.
Sec. 54. Section 100B.22, subsection 1, paragraph a, Code
2011, is amended to read as follows:
a. Regional emergency response training centers shall be
established to provide training to fire fighters and other
emergency responders. The lead public agency for the training
centers shall be the following community colleges for the
following merged areas:
(1) Northeast Iowa community college for merged area I
in partnership with the Dubuque county firemen’s association
and to provide advanced training in agricultural emergency
response as such advanced training is funded by the department
of homeland security and emergency management division of the

Senate File 2338, p. 23
department of public defense .
(2) North Iowa area community college for merged area II in
partnership with the Mason City fire department.
(3) Iowa lakes community college for merged area III and
northwest Iowa community college for merged area IV.
(4) Iowa central community college for merged area V and to
provide advanced training in homeland security as such advanced
training is funded by the department of homeland security and
emergency management division of the department of public
defense .
(5) Hawkeye community college for merged area VII in
partnership with the Waterloo regional hazardous materials
training center and to provide advanced training in hazardous
materials emergency response as such advanced training is
funded by the department of homeland security and emergency
management division of the department of public defense .
(6) Eastern Iowa community college for merged area IX in
partnership with the city of Davenport fire department.
(7) Kirkwood community college for merged area X in
partnership with the city of Coralville fire department and the
Iowa City fire department and to provide advanced training in
agricultural terrorism response and mass casualty and fatality
response as such advanced training is funded by the department
of homeland security and emergency management division of the
department of public defense .
(8) Des Moines area community college for merged area XI and
Iowa valley community college for merged area VI and to provide
advanced training in operations integration in compliance
with the national incident management system as such advanced
training is funded by the department of homeland security and
emergency management division of the department of public
defense .
(9) Western Iowa technical community college for merged
area XII in partnership with the Sioux City fire department
and to provide advanced training in emergency responder
communications as such advanced training is funded by the
department of homeland security and emergency management
division of the department of public defense .
(10) Iowa western community college for merged areas XIII
and XIV in partnership with southwestern community college and
the Council Bluffs fire department.
(11) Southeastern Iowa community college for merged areas
XV and XVI in partnership with Indian hills community college

Senate File 2338, p. 24
and the city of Fort Madison fire department.
Sec. 55. Section 135.141, subsection 2, paragraphs a and j,
Code 2011, are amended to read as follows:
a. Coordinate with the department of homeland security
and emergency management division of the department of public
defense the administration of emergency planning matters
which involve the public health, including development,
administration, and execution of the public health components
of the comprehensive emergency plan and emergency management
program pursuant to section 29C.8 .
j. Adopt rules pursuant to chapter 17A for the
administration of this division of this chapter including rules
adopted in cooperation with the Iowa pharmacy association
and the Iowa hospital association for the development of a
surveillance system to monitor supplies of drugs, antidotes,
and vaccines to assist in detecting a potential public health
disaster. Prior to adoption, the rules shall be approved by
the state board of health and the administrator director of
the department of homeland security and emergency management
division of the department of public defense .
Sec. 56. Section 135.145, subsections 1 and 2, Code 2011,
are amended to read as follows:
1. When the department of public safety or other federal,
state, or local law enforcement agency learns of a case of a
disease or health condition, unusual cluster, or a suspicious
event that may be the cause of a public health disaster, the
department or agency shall immediately notify the department,
the administrator director of the department of homeland
security and emergency management division of the department
of public defense , the department of agriculture and land
stewardship, and the department of natural resources as
appropriate.
2. When the department learns of a case of a disease
or health condition, an unusual cluster, or a suspicious
event that may be the cause of a public health disaster, the
department shall immediately notify the department of public
safety, the department of homeland security and emergency
management division of the department of public defense , and
other appropriate federal, state, and local agencies and
officials.
Sec. 57. Section 163.3A, subsection 2, Code Supplement
2011, is amended to read as follows:
2. The services shall be performed under the direction of

Senate File 2338, p. 25
the department and may be part of measures authorized by the
governor under a declaration or proclamation issued pursuant to
chapter 29C . In such case, the department shall cooperate with
the Iowa department of public health under chapter 135 , and the
department of public defense, homeland security and emergency
management division , and local emergency management agencies as
provided in chapter 29C .
Sec. 58. Section 163.51, subsection 2, paragraph b, Code
2011, is amended to read as follows:
b. If the department confirms an outbreak of foot and
mouth disease in this state, the department shall cooperate
with the governor; federal agencies, including the United
States department of agriculture; and state agencies, including
the department of homeland security and emergency management
division of the department of public defense , in order to
provide the public with timely and accurate information
regarding the outbreak. The department shall cooperate with
organizations representing agricultural producers in order to
provide all necessary information to agricultural producers
required to control the outbreak.
Sec. 59. Section 305.8, subsection 1, paragraph b, Code
2011, is amended to read as follows:
b. In consultation with the department of homeland security
and emergency management division of the department of public
defense , establish policies, standards, and guidelines for
the identification, protection, and preservation of records
essential for the continuity or reestablishment of governmental
functions in the event of an emergency arising from a natural
or other disaster.
Sec. 60. Section 455B.266, subsection 1, paragraph d, Code
2011, is amended to read as follows:
d. Determination by the department in conjunction with
the department of homeland security and emergency management
division of the department of public defense of a local crisis
which affects availability of water.
Sec. 61. Section 455B.385, Code 2011, is amended to read as
follows:
455B.385 State hazardous condition contingency plan.
All public agencies, as defined in chapter 28E , shall
cooperate in the development and implementation of a state
hazardous condition contingency plan. The plan shall detail
the manner in which public agencies shall participate in the
response to a hazardous condition. The director may enter

Senate File 2338, p. 26
into agreements, with approval of the commission, with any
state agency or unit of local government or with the federal
government, as necessary to develop and implement the plan.
The plan shall be coordinated with the department of homeland
security and emergency management division of the department
of public defense and any joint emergency management agencies
established pursuant to chapter 29C .
Sec. 62. Section 466B.3, subsection 4, paragraph d, Code
Supplement 2011, is amended to read as follows:
d. The administrator director of the department of homeland
security and emergency management division of the department of
public defense or the administrator’s director’s designee.
Sec. 63. REPEAL. Sections 29.2, 29.3, and 29C.7, Code and
Code Supplement 2011, are repealed.
Sec. 64. TRANSITION PROVISIONS.
1. Any rule, regulation, form, order, or directive
promulgated by the division of homeland security and
emergency management of the department of public defense shall
continue in full force and effect until amended, repealed,
or supplemented by affirmative action of the department of
homeland security and emergency management as established in
this Act.
2. All employees of the division of homeland security and
emergency management of the department of public defense shall
be considered employees of the department of homeland security
and emergency management upon the elimination of the former and
creation of the latter as provided in this Act.
DIVISION VI
IOWA JOBS BOARD
Sec. 65. Section 12.87, subsection 12, Code Supplement
2011, is amended to read as follows:
12. Neither the treasurer of state, the Iowa jobs board
finance authority , nor any person acting on behalf of the
treasurer of state or the Iowa jobs board finance authority
while acting within the scope of their employment or agency, is
subject to personal liability resulting from carrying out the
powers and duties conferred by this section and sections 12.88
through 12.90 .
Sec. 66. Section 16.193, subsection 1, Code Supplement
2011, is amended to read as follows:
1. The Iowa finance authority , subject to approval by the
Iowa jobs board, shall adopt administrative rules pursuant to
chapter 17A necessary to administer the Iowa jobs program and

Senate File 2338, p. 27
Iowa jobs II program. The authority shall provide the board
with assistance in implementing administrative functions, be
responsible for providing technical assistance and application
assistance to applicants under the programs, negotiating
contracts, and providing project follow up. The authority, in
cooperation with the board, may conduct negotiations on behalf
of the board with applicants regarding terms and conditions
applicable to awards under the program.
Sec. 67. Section 16.194, subsection 2, Code 2011, is amended
to read as follows:
2. A city or county or a public organization in this
state may submit an application to the Iowa jobs board
authority for financial assistance for a local infrastructure
competitive grant for an eligible project under the program,
notwithstanding any limitation on the state’s percentage in
funding as contained in section 29C.6, subsection 17 .
Sec. 68. Section 16.194, subsection 4, unnumbered paragraph
1, Code 2011, is amended to read as follows:
The board authority shall consider the following criteria in
evaluating eligible projects to receive financial assistance
under the program:
Sec. 69. Section 16.194, subsection 7, Code 2011, is amended
to read as follows:
7. In order for a project to be eligible to receive
financial assistance from the board authority , the project
must be a public construction project pursuant to subsection 1
with a demonstrated substantial local, regional, or statewide
economic impact.
Sec. 70. Section 16.194, subsection 8, unnumbered paragraph
1, Code 2011, is amended to read as follows:
The board authority shall not approve an application for
assistance for any of the following purposes:
Sec. 71. Section 16.194, subsection 9, paragraph b, Code
2011, is amended to read as follows:
b. Any portion of an amount allocated for projects
that remains unexpended or unencumbered one year after the
allocation has been made may be reallocated to another project
category, at the discretion of the board authority . The board
authority shall ensure that all bond proceeds be expended
within three years from when the allocation was initially made.
Sec. 72. Section 16.194, subsection 10, Code 2011, is
amended to read as follows:
10. The board authority shall ensure that funds obligated

Senate File 2338, p. 28
under this section are coordinated with other federal program
funds received by the state, and that projects receiving funds
are located in geographically diverse areas of the state.
Sec. 73. Section 16.194A, subsections 2, 7, 9, and 10, Code
2011, are amended to read as follows:
2. A city or county in this state that applies the smart
planning principles and guidelines pursuant to sections 18B.1
and 18B.2 may submit an application to the Iowa jobs board
authority for financial assistance for a local infrastructure
competitive grant for an eligible project under the program,
notwithstanding any limitation on the state’s percentage in
funding as contained in section 29C.6, subsection 17 .
7. In order for a project to be eligible to receive
financial assistance from the board authority , the project
must be a public construction project pursuant to subsection 1
with a demonstrated substantial local, regional, or statewide
economic impact.
9. Any portion of an amount allocated for projects
that remains unexpended or unencumbered one year after the
allocation has been made may be reallocated to another project
category, at the discretion of the board authority . The board
authority shall ensure that all bond proceeds be expended
within three years from when the allocation was initially made.
10. The board authority shall ensure that funds obligated
under this section are coordinated with other federal program
funds received by the state, and that projects receiving funds
are located in geographically diverse areas of the state.
Sec. 74. Section 16.194A, subsection 4, unnumbered
paragraph 1, Code 2011, is amended to read as follows:
The board authority shall consider the following criteria in
evaluating eligible projects to receive financial assistance
under the program:
Sec. 75. Section 16.194A, subsection 8, unnumbered
paragraph 1, Code 2011, is amended to read as follows:
The board authority shall not approve an application for
assistance for any of the following purposes:
Sec. 76. Section 16.195, Code Supplement 2011, is amended
to read as follows:
16.195 Iowa jobs program application review.
1. Applications for assistance under the Iowa jobs program
and Iowa jobs II program shall be submitted to the Iowa finance
authority for review and approval . The authority shall provide
a staff review and evaluation of applications to the Iowa jobs

Senate File 2338, p. 29
program review committee referred to in subsection 2 and to the
Iowa jobs board.
2. A review committee composed of members of the board
as determined by the board shall review Iowa jobs program
applications submitted to the board and make recommendations
regarding the applications to the board. When reviewing the
applications, the review committee and the authority shall
consider the project criteria specified in sections 16.194 and
16.194A . The board authority shall develop the appropriate
level of transparency regarding project fund allocations.
3. Upon approval of an application for financial assistance
under the program, the board authority shall notify the
treasurer of state regarding the amount of moneys needed to
satisfy the award of financial assistance and the terms of the
award. The treasurer of state shall notify the Iowa finance
authority any time moneys are disbursed to a recipient of
financial assistance under the program.
Sec. 77. Section 16.196, Code 2011, is amended to read as
follows:
16.196 Iowa jobs restricted capitals fund —— appropriations.
1. An Iowa jobs restricted capitals fund is created and
established as a separate and distinct fund in the state
treasury. The fund consists of moneys appropriated from
the revenue bonds capitals fund created in section 12.88 .
The moneys in the fund are appropriated to the Iowa jobs
board for purposes of the Iowa jobs program established in
section 16.194 . Moneys in the fund shall not be subject to
appropriation for any other purpose by the general assembly,
but shall be used only for the purposes of the Iowa jobs
program. The treasurer of state shall act as custodian of the
fund and disburse moneys contained in the fund. The fund shall
be administered by the board which shall make allocations from
the fund consistent with the purposes of the Iowa jobs program.
2. 1. There is appropriated from the revenue bonds capitals
fund created in section 12.88 , to the Iowa jobs restricted
capitals fund, for the fiscal year beginning July 1, 2009, and
ending June 30, 2010, one hundred sixty-five million dollars to
be allocated as follows:
a. One hundred eighteen million five hundred thousand
dollars for competitive grants for local infrastructure
projects relating to disaster rebuilding, reconstruction
and replacement of local buildings, flood control and flood
protection, and future flood prevention public projects. An

Senate File 2338, p. 30
applicant for a local infrastructure grant shall not receive
more than fifty million dollars in financial assistance from
the fund.
b. Forty-six million five hundred thousand dollars for
disaster relief and mitigation and local infrastructure
grants for the following renovation and construction projects,
notwithstanding any limitation on the state’s percentage
participation in funding as contained in section 29C.6,
subsection 17 :
(1) For grants to a county with a population between
one hundred eighty-nine thousand and one hundred ninety-six
thousand in the latest preceding certified federal census, to
be distributed as follows:
(a) Ten million dollars for the construction of a new,
shared facility between nonprofit human service organizations
serving the public, especially the needs of low-income Iowans,
including those displaced as a result of the disaster of 2008.
(b) Five million dollars for the construction or renovation
of a facility for a county-funded workshop program serving
the public and particularly persons with mental illness or
developmental disabilities.
(2) For grants to a city with a population between one
hundred ten thousand and one hundred twenty thousand in the
latest preceding certified federal census, to be distributed
as follows:
(a) Five million dollars for an economic redevelopment
project benefiting the public by improving energy efficiency
and the development of alternative and renewable energy
technologies.
(b) Ten million dollars for a museum serving the public and
dedicated to the preservation of an eastern European cultural
heritage through the collection, exhibition, preservation, and
interpretation of historical artifacts.
(c) Five million dollars for a theater serving the public
and promoting culture, entertainment, and tourism.
(d) Five million dollars for a public library.
(e) Five million dollars for a public works building.
(3) One million five hundred thousand dollars, to be
distributed as follows:
(a) Five hundred thousand dollars to a city with a
population between six hundred and six hundred fifty in the
latest preceding certified federal census, for a public fire
station.

Senate File 2338, p. 31
(b) Five hundred thousand dollars to a city with a
population between one thousand four hundred and one thousand
five hundred in the latest preceding certified federal census,
for a public fire station.
(c) Five hundred thousand dollars for a city with a
population between seven thousand eight hundred and seven
thousand eight hundred fifty, for a public fire station.
3. 2. Grant awards for a project under subsection 2 ,
paragraph “b” , are contingent upon submission of a plan for
each project by the applicable county or city governing board
or in the case of a project submitted pursuant to subsection
2 , paragraph “b” , subparagraph (2), subparagraph division (b),
by the board of directors, to the Iowa jobs board authority ,
no later than September 1, 2009, detailing a description of
the project, the plan to rebuild, and the amount or percentage
of federal, state, local, or private matching moneys which
will be or have been provided for the project. Funds not
utilized in accordance with subsection 2 , paragraph “b” , due
to failure to file a plan by the September 1 deadline shall
revert to the Iowa jobs restricted revenue bonds capitals fund
to be available for local infrastructure competitive grants. A
grant recipient under subsection 2 , paragraph “b” , shall not be
precluded from applying for a local infrastructure competitive
grant pursuant to this section and section 16.195 .
4. Moneys in the fund are not subject to section 8.33 .
Notwithstanding section 12C.7, subsection 2 , interest or
earnings on moneys in the fund shall be credited to the fund.
5. 3. Annually, on or before January 15 of each year, the
board authority shall report to the legislative services agency
and the department of management the status of all projects
receiving moneys from the fund completed or in progress. The
report shall include a description of the project, the progress
of work completed, the total estimated cost of the project, a
list of all revenue sources being used to fund the project, the
amount of funds expended, the amount of funds obligated, and
the date the project was completed or an estimated completion
date of the project, where applicable.
6. 4. Payment of moneys appropriated from the fund shall be
made in a manner that does not adversely affect the tax-exempt
status of any outstanding bonds issued by the treasurer of
state.
Sec. 78. Section 16.197, Code 2011, is amended to read as
follows:

Senate File 2338, p. 32
16.197 Limitation of liability.
A member of the Iowa jobs board, a person acting on behalf of
the board while acting within the scope of their employment or
agency, The authority or the treasurer of state, shall not be
subject to personal liability resulting from carrying out the
powers and duties of the board authority or the treasurer, as
applicable, in sections 16.192 16.193 through 16.196 .
Sec. 79. IOWA JOBS BOARD —— TRANSITION PROVISIONS ——
LIMITATION OF LIABILITY.
1. Any contract or agreement issued or entered into by the
Iowa jobs board relating to the provisions of this division
of this Act, in effect on the effective date of this division
of this Act, shall continue in full force and effect and
any responsibility of the board relative to the contracts or
agreements as provided in those contracts or agreements shall
be transferred to the Iowa finance authority.
2. A member of the Iowa jobs board or a person acting on
behalf of the board while acting within the scope of that
person’s employment or agency shall not be subject to personal
liability resulting from carrying out the powers and duties
of the board prior to the effective date of this division of
this Act, as applicable, in sections 12.87 through 12.90 and in
sections 16.192 through 16.196, Code and Code Supplement 2011.
Sec. 80. REPEAL. Sections 16.191 and 16.192, Code
Supplement 2011, are repealed.
DIVISION VII
ELECTRONIC COMMUNICATIONS
Sec. 81. Section 22.7, Code Supplement 2011, is amended by
adding the following new subsection:
NEW SUBSECTION . 65. Electronic mail addresses of
individuals collected by state departments and agencies for the
purpose of electronic communications.
Sec. 82. STATE DEPARTMENT AND AGENCY LIMITATIONS ON
MAIL. Notwithstanding any provision of the law to the
contrary, a state department or agency shall provide
departmental or agency notices or information through the
department’s or agency’s internet site or through electronic
mail to the fullest extent possible. This requirement shall
not apply to department and agency communications required for
purposes of pursuing legal action or to comply with federal
law. Departments and agencies shall have rulemaking authority
to implement this section and to collect electronic mail
addresses for the purpose of electronic communications.

Senate File 2338, p. 33
DIVISION VIII
STATE RECORDS
Sec. 83. Section 96.11, subsection 11, Code 2011, is amended
to read as follows:
11. Destruction of records. The department may destroy
or dispose of such original reports or records as have been
properly recorded or summarized in the permanent records of
the department and are deemed by the director and the state
records commission department of cultural affairs to be no
longer necessary to the proper administration of this chapter .
Wage records of the individual worker or transcripts therefrom
may be destroyed or disposed of, if approved by the state
records commission department of cultural affairs , two years
after the expiration of the period covered by such wage records
or upon proof of the death of the worker. Such destruction
or disposition shall be made only by order of the director in
consultation with the state records commission department of
cultural affairs . Any moneys received from the disposition of
such records shall be deposited to the credit of the employment
security administration fund, subject to rules promulgated by
the department.
Sec. 84. Section 305.2, subsection 2, Code 2011, is amended
to read as follows:
2. “Archives” means records that have been appraised by
the state records commission department as having sufficient
historical, research, evidential, or informational value to
warrant permanent preservation and that have been transferred
to the custody of the state archives.
Sec. 85. Section 305.2, subsections 3 and 5, Code 2011, are
amended by striking the subsections.
Sec. 86. Section 305.2, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION . 4A. “Department” means the department of
cultural affairs.
Sec. 87. Section 305.2, subsection 10, Code 2011, is amended
to read as follows:
10. “Records series retention and disposition schedule”
means a timetable established by the state records commission
department that describes the length of time a records series
of an agency or multiple agencies must be retained in active
and inactive status and provides authorization for a final
disposition of the records series by destruction or permanent
retention.

Senate File 2338, p. 34
Sec. 88. Section 305.4, unnumbered paragraph 1, Code 2011,
is amended to read as follows:
The commission department shall adopt government information
policies, standards, and guidelines to do all of the following:
Sec. 89. Section 305.8, subsection 1, unnumbered paragraph
1, Code 2011, is amended to read as follows:
The commission department shall do all of the following:
Sec. 90. Section 305.8, subsection 1, Code 2011, is amended
by adding the following new paragraph:
NEW PARAGRAPH . 0e. Provide training, advice, and counsel
to agencies on government information policies, standards, and
guidelines.
Sec. 91. Section 305.8, subsection 1, Code 2011, is amended
by adding the following new paragraphs:
NEW PARAGRAPH . 0f. Develop and distribute operating
procedures for agencies to use to implement the plans,
policies, standards, and guidelines adopted by the department.
NEW PARAGRAPH . 00f. Manage any centralized records storage
facility established by the department for the temporary
storage of agency records prior to their final disposition by
destruction or permanent preservation in accordance with the
records series retention and disposition schedules.
NEW PARAGRAPH . 000f. Appoint a state archivist to head the
state archives and records program.
NEW PARAGRAPH . 0000f. Manage the state archives and develop
operating procedures for the transfer, accession, arrangement,
description, preservation, protection, and public access of
those records the department identifies as having permanent
value.
NEW PARAGRAPH . 00000f. Maintain physical custody and legal
custody of archives that have been transferred and delivered
to the state archives.
(1) Upon receipt by the state archivist, the archives shall
not be removed without the state archivist’s consent except in
response to a subpoena of a court of record or in accordance
with approved records series retention and disposition
schedules or after review and approval of the department.
(2) Upon request, the state archivist shall make a certified
copy of any record in the legal custody or in the physical
custody of the state archivist, or a certified transcript
of any record if reproduction is inappropriate because of
legal or physical considerations. If a copy or transcript is
properly authenticated, it has the same legal effect as though

Senate File 2338, p. 35
certified by the officer from whose office it was transferred
or by the secretary of state. The department shall establish
reasonable fees for certified copies or certified transcripts
of records in the legal custody or physical custody of the
state archivist.
NEW PARAGRAPH . 000000f. Establish, maintain, and administer
an archive of records created and maintained in electronic
format in order to preserve and provide public access to state
government records identified as having permanent historical
value by the department.
Sec. 92. Section 305.8, subsection 1, Code 2011, is amended
by adding the following new paragraph:
NEW PARAGRAPH . 0i. Establish rates to be charged an agency
by the department for storage and retention of records of
the agency in a records storage facility maintained by the
department. Rates established shall be reviewed annually by
the department and shall be reasonably related to the cost of
storing and retaining records of an agency.
Sec. 93. Section 305.8, subsection 2, unnumbered paragraph
1, Code 2011, is amended to read as follows:
The commission department may do all of the following:
Sec. 94. Section 305.8, subsection 2, Code 2011, is amended
by adding the following new paragraph:
NEW PARAGRAPH . 0g. Upon written consent of the state
archivist, accept records of political subdivisions that are
voluntarily transferred to the state archives.
Sec. 95. Section 305.8, subsection 2, paragraph e, Code
2011, is amended to read as follows:
e. Make, or cause to be made, preservation duplicates of
records, which may include existing copies of original state
records. Any preservation duplicate record shall be durable,
accurate, complete, and clear, and shall be made by means
designated by the commission department .
Sec. 96. NEW SECTION . 305.8A Records retention and storage
costs —— billing —— internal service fund.
1. The department may bill an agency for records storage
and retention services rendered by the department pursuant to
the rates established by the department for these services.
The department shall periodically render a billing statement
to an agency outlining the cost of services provided. The
amount indicated on the statement shall be paid by the agency
and amounts received by the department shall be considered
repayment receipts as defined in section 8.2, and deposited

Senate File 2338, p. 36
into the accounts of the department.
2. a. The department may establish and maintain an internal
service fund in accordance with generally accepted accounting
principles, as defined in section 8.57, for the records storage
and retention activities of the department which are primarily
funded from billings to agencies for services rendered by the
department.
b. The internal service fund shall be administered by
the department and shall consist of moneys collected by the
department from billings issued in accordance with this section
and any other moneys obtained or accepted by the department,
including but not limited to gifts, loans, donations, grants,
and contributions, which are designated to support the
activities of the internal service fund.
c. The proceeds of the internal service fund established
pursuant to this section shall be used by the department
for the operations of the department in records storage and
retention consistent with this chapter.
d. Section 8.33 does not apply to any moneys in the
internal service fund established pursuant to this section.
Notwithstanding section 12C.7, subsection 2, interest or
earnings on moneys deposited in the fund shall be credited to
the fund.
e. The director of the department shall annually provide
financial information and reports relative to the internal
service fund established pursuant to this section to the
department of management and the general assembly. The
information provided may include the recommendation that a
portion of unexpended net income be periodically returned to
the appropriate funding source.
Sec. 97. Section 305.10, subsection 1, paragraphs c, d, e,
f, and j, Code 2011, are amended to read as follows:
c. Cooperate with the state records commission department
and the state archives and records program in the development
and implementation of government information policies,
standards, and guidelines, and in the development and
implementation of records series retention and disposition
schedules.
d. Comply with requests from the state records commission
or department and the state archives and records program to
examine records in the possession, constructive possession, or
control of the agency in order to carry out the purposes of
this chapter .

Senate File 2338, p. 37
e. Inventory agency records in accordance with state
records commission department policies to draft records series
retention and disposition schedules.
f. Identify vital operating records in accordance with
the policies, standards, and guidelines of the state records
commission department .
j. Provide for compliance with this chapter and the rules
adopted by the state records commission department .
Sec. 98. Section 305.10, subsection 2, Code 2011, is amended
to read as follows:
2. Agency heads may petition the state records commission
department to create or modify government information policies,
standards, and guidelines, and to create or modify records
series retention and disposition schedules.
Sec. 99. Section 305.11, Code 2011, is amended to read as
follows:
305.11 Termination of state agency —— records transfer.
Upon the termination of a state agency whose functions have
not been transferred to another agency, custody of the records
of the agency shall transfer to the commission department .
Sec. 100. Section 305.14, Code 2011, is amended to read as
follows:
305.14 Liability precluded.
No member employee of the commission department or head of
an agency shall be held liable for damages or loss, or civil
or criminal liability, because of the destruction of public
records pursuant to the provisions of this chapter or any other
law authorizing their destruction.
Sec. 101. Section 305.15, Code 2011, is amended to read as
follows:
305.15 Exemptions —— duties of state department of
transportation and state board of regents.
The state department of transportation and the agencies and
institutions under the control of the state board of regents
are exempt from the state records manual and the provisions of
this chapter . However, the state department of transportation
and the state board of regents shall adopt rules pursuant to
chapter 17A for their employees, agencies, and institutions
that are consistent with the objectives of this chapter .
The rules shall be approved by the state records commission
department .
Sec. 102. Section 305.16, subsection 6, paragraph b,
subparagraph (1), Code 2011, is amended to read as follows:

Senate File 2338, p. 38
(1) Serve in an advisory capacity to the state records
commission department , the state archives and records program,
and other statewide archival or records agencies.
Sec. 103. Section 321.31, subsection 1, paragraph b, Code
2011, is amended to read as follows:
b. The department may make photostatic, microfilm, or other
photographic copies of certificates of title, registration
receipts, or other records, reports or documents which are
required to be retained by the department. When copies have
been made, the department may destroy the original records in
such manner as prescribed by the director. The photostatic,
microfilm, or other photographic copies, when no longer of use,
may be destroyed in the manner prescribed by the director,
subject to the approval of the state records commission
department of cultural affairs . Photostatic, microfilm, or
other photographic copies of records shall be admissible in
evidence when duly certified and authenticated by the officer
having custody and control of the copies of records. Records
of vehicle certificates of title may be destroyed seven years
after the date of issue.
Sec. 104. REPEAL. Sections 305.3, 305.5, 305.6, 305.7, and
305.9, Code 2011, are repealed.
Sec. 105. ADMINISTRATIVE RULES —— TRANSITION PROVISIONS.
1. Any rule, regulation, form, order, or directive
promulgated by the state records commission relative to the
provisions of this Act in existence on the effective date of
this division of this Act shall continue in full force and
effect until amended, repealed, or supplemented by affirmative
action of the department of cultural affairs under the duties
and powers established in this division of this Act and under
the procedure established in subsection 2.
2. In regard to updating references and format in the Iowa
administrative code in order to correspond to the transferring
of duties as established in this division of this Act, the
administrative rules coordinator and the administrative rules
review committee, in consultation with the administrative code
editor, shall jointly develop a schedule for the necessary
updating of the Iowa administrative code.
DIVISION IX
DEPARTMENT OF TRANSPORTATION PROVISIONS
Sec. 106. Section 321.196, subsection 4, Code 2011, is
amended to read as follows:
4. The department in its discretion may authorize the

Senate File 2338, p. 39
renewal of a valid driver’s license other than a commercial
driver’s license upon application without an examination
provided that the applicant meets one of the following
conditions:
a. The applicant satisfactorily passes a vision test as
prescribed by the department or .
b. The applicant files a vision report in accordance with
section 321.186A which shows that the applicant’s visual acuity
level meets or exceeds those required by the department.
c. The applicant is eligible for license renewal
electronically, pursuant to rules adopted by the department.
4A. An application for renewal of a driver’s license shall
include a statement for the applicant to sign that acknowledges
the applicant’s knowledge of the requirement to notify the
department of a mailing address change under section 321.182,
subsection 1 .
Sec. 107. REPEAL. Section 321.116, Code 2011, is repealed.
Sec. 108. EMERGENCY RULES. The department of
transportation may adopt emergency rules under section 17A.4,
subsection 3, and section 17A.5, subsection 2, paragraph “b”,
to implement section 321.196, subsection 4, paragraph “c”,
as enacted in this division of this Act, and the rules shall
be effective immediately upon filing unless a later date is
specified in the rules. Any rules adopted in accordance with
this section shall also be published as a notice of intended
action as provided in section 17A.4.
Sec. 109. EFFECTIVE UPON ENACTMENT. The following
provisions of this division of this Act, being deemed of
immediate importance, take effect upon enactment:
1. The section of this division of this Act amending section
321.196, subsection 4.
2. The section of this division of this Act authorizing the
adoption of emergency rules.
Sec. 110. APPLICABILITY. The section of this division of
this Act that repeals section 321.116 applies for registration
years beginning on or after January 1, 2013.
DIVISION X
REPORT —— STATE DEBT COORDINATOR
Sec. 111. DEPARTMENT OF REVENUE AND OFFICE OF THE STATE
DEBT COORDINATOR —— REPORT. The director of the department
of revenue shall develop and recommend legislative proposals
deemed necessary for the continued efficiency of the functions
of the office of the state debt coordinator established in

Senate File 2338, p. 40
section 421C.1, and shall prepare and file a report detailing
the recommendations. The report shall be filed by the director
of the department of revenue with the department of management,
the governor, and the general assembly no later than January
14, 2013.
DIVISION XI
POLLUTION PREVENTION AND WASTE MANAGEMENT ASSISTANCE
Sec. 112. Section 455B.481, subsections 1 through 3, Code
2011, are amended to read as follows:
1. The purpose of this part is to promote the proper and
safe storage, treatment, and disposal management of solid,
hazardous, and low-level radioactive wastes in Iowa. The
management of these wastes generated within Iowa is the
responsibility of Iowans. It is the intent of the general
assembly that Iowans assume this responsibility to the extent
consistent with the protection of public health, safety, and
the environment, and that Iowans insure that waste management
practices, as alternatives to land disposal, including source
reduction, recycling, compaction, incineration, and other forms
of waste reduction, are employed.
2. It is also the intent of the general assembly that a
comprehensive waste management plan be established by the
department which includes: the determination of need and
adequate regulatory controls prior to the initiation of site
selection; the process for selecting a superior site determined
to be necessary; the establishment of a process for a site
community to submit or present data, views, or arguments
regarding the selection of the operator and the technology
that best ensures proper facility operation; the prohibition
of shallow land burial of hazardous and low-level radioactive
wastes; the establishment of a regulatory framework for a
facility; and the establishment of provisions for the safe
and orderly development, operation, closure, postclosure, and
long-term monitoring and maintenance of the facility.
3. 2. In order to meet capacity assurance requirements
of section 104k of the federal Superfund Amendments and
Reauthorization Act of 1986, Pub. L. No. 99-499, and further
the objectives of waste minimization, the The department, in
cooperation with the small business assistance Iowa waste
reduction center at the university of northern Iowa, shall work
with generators of hazardous wastes in the state to develop and
implement aggressive waste minimization programs. The goal
of these programs is to reduce the volume of hazardous waste

Senate File 2338, p. 41
generated in the state as a whole by twenty-five percent of
the amount generated as of January 1, 1987, as reported in the
biennial reports collected by the United States environmental
protection agency. The twenty-five percent reduction goal
shall be reached as expeditiously as possible and no later than
July 1, 1994. In meeting the reduction goal, elements “a”
through “d” of the hazardous waste management hierarchy shall
be utilized. The department, in cooperation with the small
business assistance center, shall reassess the twenty-five
percent reduction goal in 1994. The department shall promote
research and development, provide and promote educational
and informational programs, promote and encourage provide
confidential, voluntary technical assistance to hazardous waste
generators, promote assistance by the small business assistance
Iowa waste reduction center, and promote other activities by
the public and private sectors that support this goal. In
the promotion of the goal, the following hazardous waste
management pollution prevention hierarchy, in descending order
of preference , is established by the department :
a. Source reduction for waste elimination.
b. Reuse.
c. On-site recycling.
c. d. Off-site recycling.
d. e. Waste treatment.
e. f. Incineration Combustion with energy recovery .
f. g. Land disposal.
Sec. 113. Section 455B.481, subsections 4 and 5, Code 2011,
are amended by striking the subsections.
Sec. 114. Section 455B.482, Code 2011, is amended by adding
the following new subsection:
NEW SUBSECTION . 7A. “Pollution prevention” means employment
of a practice that reduces the industrial use of toxic
substances or reduces the environmental and health hazards
associated with an environmental waste without diluting or
concentrating the waste before the release, handling, storage,
transport, treatment, or disposal of the waste.
Sec. 115. Section 455B.484, Code 2011, is amended by adding
the following new subsection:
NEW SUBSECTION . 1A. Implement the waste management policy
provided in section 455B.481.
Sec. 116. Section 455B.484, subsections 2, 3, 4, 6, 7, 9,
and 10, Code 2011, are amended by striking the subsections.
Sec. 117. Section 455B.484A, subsection 1, paragraph c,

Senate File 2338, p. 42
Code 2011, is amended to read as follows:
c. “Assistance program” means the waste reduction assistance
pollution prevention program of the department or of the Iowa
waste reduction center for safe and economic management of
solid waste and hazardous substances conducted pursuant to
section 268.4 .
Sec. 118. Section 455B.485, subsections 3 and 5, Code 2011,
are amended by striking the subsections.
Sec. 119. Section 455B.486, subsection 1, Code 2011, is
amended by striking the subsection.
Sec. 120. Section 455B.487, unnumbered paragraph 1, Code
2011, is amended to read as follows:
The commission shall adopt rules establishing criteria for
the identification of land areas or sites which are suitable
for the operation of facilities for the management of hazardous
and low-level radioactive wastes. Upon request, the department
shall assist in locating suitable sites for the location of
a facility. The commission may purchase or condemn land to
be leased or used for the operation of a facility subject to
chapter 6A . Consideration for a contract for purchase of land
shall not be in excess of funds appropriated by the general
assembly for that purpose. The commission may lease land
purchased under this section to any person including the state
or a state agency. This section authorizes the state to own or
operate hazardous waste facilities and low-level radioactive
waste facilities, subject to the approval of the general
assembly.
Sec. 121. Section 455B.487, unnumbered paragraph 11, Code
2011, is amended by striking the unnumbered paragraph.
Sec. 122. Section 455B.487, subsections 1 through 3, Code
2011, are amended by striking the subsections.
Sec. 123. Section 455D.1, Code 2011, is amended by adding
the following new subsection:
NEW SUBSECTION . 4A. “Pollution prevention techniques” means
any of the following practices employed by the user of a toxic
substance:
a. Input substitution, which is the replacement of a toxic
substance or raw material used in a production process with a
nontoxic or less toxic substance.
b. Product reformulation, which is the substitution of an
end product which is nontoxic or less toxic upon use or release
for an existing end product.
c. Production process redesign or modification, which is

Senate File 2338, p. 43
the development and use of production processes of a different
design other than those currently in use.
d. Production process modernization, which is the upgrading
or replacing of existing production process equipment or
methods with other equipment or methods based on the same
production process.
e. Improved operation and maintenance of existing production
process equipment and methods, which is the modification or
addition to existing equipment or methods, including but not
limited to such techniques as improved housekeeping practices,
system adjustments, product and process inspections, and
production process control equipment or methods.
f. Recycling, reuse, or extended use of toxic substances by
using equipment or methods that become an integral part of the
production process.
Sec. 124. Section 455D.5, subsection 2, paragraph h, Code
2011, is amended to read as follows:
h. Promotion of the concentration of the efforts of the
business and industry resource search service by the small
business assistance Iowa waste reduction center for the safe
and economic management of solid waste and hazardous substances
at the university of northern Iowa, to locate existing waste
streams and materials from businesses and industries which
generate small amounts of waste and to catalyze the reuse of
these materials in the production of goods and services.
Sec. 125. Section 455D.7, subsection 1, Code 2011, is
amended to read as follows:
1. Unless otherwise specified in this chapter , adopt rules
necessary to implement this chapter pursuant to chapter 17A .
Initial rules shall be adopted no later than April 1, 1992.
Sec. 126. Section 455D.7, subsection 4, Code 2011, is
amended by striking the subsection.
Sec. 127. Section 455D.15, subsection 2, Code Supplement
2011, is amended by striking the subsection and inserting in
lieu thereof the following:
2. The fund shall be utilized by the department for
providing technical assistance to Iowa businesses in developing
and implementing pollution prevention techniques.
Sec. 128. Section 455D.15, subsection 3, Code Supplement
2011, is amended by striking the subsection.
Sec. 129. Section 455E.8, subsections 2 and 3, Code 2011,
are amended by striking the subsections.
Sec. 130. REPEAL. Sections 455B.516, 455B.517, and

Senate File 2338, p. 44
455B.518, Code 2011, are repealed.
DIVISION XII
ONGOING PROGRAM REVIEW
Sec. 131. Section 2.69, subsection 4, Code 2011, is amended
by adding the following new paragraph:
NEW PARAGRAPH . 0c. Comprehensively review on a regular
basis the programs and projects administered by state
government to determine whether each program and project
reviewed is effectively and efficiently meeting the needs for
which created, and whether the needs remain applicable. The
review shall consider whether modifications to the program or
project reviewed could better meet the needs identified in a
more effective manner.
DIVISION XIII
BOARDS AND COMMISSIONS
Sec. 132. Section 34A.2A, subsection 2, Code 2011, is
amended to read as follows:
2. The E911 program manager shall act under the supervisory
control of the administrator of the homeland security and
emergency management division of the department of public
defense, and in consultation with the E911 communications
council state interoperable communications system board
established in section 80.28 , and perform the duties
specifically set forth in this chapter and as assigned by the
administrator.
Sec. 133. Section 34A.7A, subsection 2, paragraph h, Code
2011, is amended to read as follows:
h. The administrator, in consultation with the program
manager and the E911 communications council state interoperable
communications system board established in section 80.28 , shall
adopt rules pursuant to chapter 17A governing the distribution
of the surcharge collected and distributed pursuant to this
subsection . The rules shall include provisions that all joint
E911 service boards and the department of public safety which
answer or service wireless E911 calls are eligible to receive
an equitable portion of the receipts.
Sec. 134. Section 34A.15, subsection 3, Code Supplement
2011, is amended to read as follows:
3. The council shall advise and make recommendations to
the administrator and program manager state interoperable
communications system board established in section 80.28
regarding the implementation of this chapter . Such advice and
recommendations shall be provided on issues at the request

Senate File 2338, p. 45
of the administrator or program manager state interoperable
communications system board established in section 80.28 or as
deemed necessary by the council.
Sec. 135. Section 80.29, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION . 12A. Advise and make recommendations, in
consultation with the E911 communications council established
in section 34A.15, to the director of the department of
homeland security and emergency management and the E911 program
manager appointed pursuant to section 34A.2A regarding the
implementation of chapter 34A. Such advice and recommendations
shall be provided on issues at the request of the director or
program manager or as deemed necessary by the board. However,
the authority of the board as to this duty is limited to the
issues specifically identified in this subsection and does
not preempt the authority of the utilities board, created in
section 474.1, to act on issues within the jurisdiction of the
utilities board.
Sec. 136. Section 190A.3, subsection 4, Code 2011, is
amended to read as follows:
4. The farm-to-school council department of agriculture and
land stewardship and the department of education shall actively
seek financial or in-kind contributions from organizations or
persons to support the program.
Sec. 137. Section 256.9, subsection 55, paragraph j, Code
Supplement 2011, is amended by striking the paragraph.
Sec. 138. REPEAL. Section 190A.2, Code 2011, is repealed.
Sec. 139. MULTIPLE AMENDMENTS —— HARMONIZATION AND
PREVALENCE.
1. The amendments in this division of this Act and in
the division of this Act creating a department of homeland
security and emergency management to section 34A.2A, subsection
2, and section 34A.7A, subsection 2, paragraph “h”, shall be
harmonized by the Code editor in accordance with section 2B.13.
2. If section 34A.15, subsection 3, is amended in this
division of this Act and in the division of this Act creating a
department of homeland security and emergency management, the
amendments are deemed irreconcilable and the amendment in this
division of this Act shall prevail.
DIVISION XIV
OBSOLETE PROVISIONS
Sec. 140. REPEAL. Section 15.112, Code Supplement 2011, is
repealed.

Senate File 2338, p. 46
Sec. 141. REPEAL. Chapters 15C and 15D, Code 2011, are
repealed.
______________________________
JOHN P. KIBBIE
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2338, Eighty-fourth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2012
______________________________
TERRY E. BRANSTAD
Governor