Bill Text: IA SF2338 | 2011-2012 | 84th General Assembly | Enrolled
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
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
Senate
File
2338,
p.
16
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