Title I, STATE SOVEREIGNTY AND MANAGEMENT (Ch. 1 - 38D)

The commission shall adopt government information policies, standards, and guidelines to do all of the following: 1. Provide for economy and efficiency in the creation, organization, maintenance, administrative use, security, public availability, and final disposition of governme…

Members of the commission shall serve without compensation but may receive their actual expenses incurred in the performance of their duties. 2003 Acts, ch 92, §8 CS2003, §305.5 2023 Acts, ch 19, §1399 C2024, §8A.605

The commission shall have its offices at the seat of government but may hold meetings in other locations. The commission shall meet at the call of the chairperson. 2003 Acts, ch 92, §9 CS2003, §305.6 2023 Acts, ch 19, §1399 C2024, §8A.606 2024 Acts, ch 1170, §82

The department, through the state archives and records program, is the primary agency responsible for providing administrative personnel and services for the commission. 2003 Acts, ch 92, §10 CS2003, §305.7 2023 Acts, ch 19, §1388, 1399 C2024, §8A.607

1. The commission shall do all of the following: a. Develop and adopt government information policies, standards, and guidelines for the creation, storage, retention, and disposition of records. b. In consultation with the department of homeland security and emergency management,…

1. The department shall do all of the following as it relates to state records and archives: a. Administer the state archives and records program and provide administrative support to the state records commission through the state archives and records program. b. Appoint a state …

1. Each agency head shall do all of the following: a. Make and maintain records containing adequate and proper documentation of the agency organization, functions, policies, decisions, procedures, and essential transactions designed to furnish information to protect the legal and…

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. 2003 Acts, ch 92, §14 CS2003, §305.11 2023 Acts, ch 19, §1399 C2024, §8A.611

A preservation duplicate record shall have the same force and effect for all purposes as the original record whether or not the original record is in existence. A certified transcript, exemplification, or copy of a preservation duplicate record shall be deemed for all purposes to…

All records made or received by or under the authority of or coming into the custody, control, or possession of public officials of this state in the course of their public duties are the property of the state and shall not be mutilated, destroyed, transferred, removed, or otherw…

No member of the commission 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 subchapter or any other law authorizing their destruction. 2003 Acts, ch 92, …

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 subchapter . However, the state department of transportation and the state board of regents…

The duties of the department as it relates to the historical resources of the state shall include all of the following: 1. Develop a comprehensive, coordinated, and efficient policy to preserve, research, interpret, and promote to the public an awareness and understanding of loca…

1. A state historical society board of trustees is established consisting of seven members selected as follows: a. Two members shall be elected by the members of the state historical society according to rules established by the board of trustees. b. The governor shall appoint fi…

The director may: 1. Make and sign any agreements and perform any acts which are necessary, desirable, or proper to carry out the purpose of the department as it relates to the historical resources of the state. 2. Request and obtain assistance and data from any department, divis…

1. The state historical society board of trustees shall annually elect a chairperson and vice chairperson from its membership. The board shall meet as often as deemed necessary, upon the call of the chairperson, or at the request of a majority of the members of the board. 2. Memb…

1. As used in this subchapter , “state historical society” means a membership organization of the department that is open to members of the general public who are interested in the history of the state. 2. The state historical society board of trustees shall recommend to the dire…

1. The state historical society board of trustees shall: a. Recommend to the state historical society a comprehensive, coordinated, and efficient policy to preserve, research, interpret, and promote to the public an awareness and understanding of local, state, and regional histor…

1. All funds received by the department relating to the historical resources of the state, including but not limited to gifts, endowments, funds from the sale of memberships in the state historical society, funds from the sale of mementos and other items relating to Iowa history …

1. An Iowa heritage fund is created in the state treasury to be administered by the department. The fund shall consist of all moneys allocated to the fund by the treasurer of state. 2. Moneys in the fund shall be used in accordance with the following: a. Ninety percent shall be r…

All federal grants to and the federal receipts of the agencies receiving funds under this subchapter are appropriated for the purpose set forth in the federal grants or receipts. [C75, 77, 79, 81, §303.10 ] 2023 Acts, ch 19, §1409, 1424 C2024, §8A.710

1. The department may accept gifts and bequests which shall be used in accordance with the desires of the donor if expressed. Funds contained in an endowment fund for either the department of history and archives or the state historical society existing on July 1, 1974, remain an…

1. The department shall administer a program of grants and loans for historical resource development throughout the state, subject to funds for such grants and loans being made available through the appropriations process or otherwise provided by law. 2. The purpose of the histor…

This chapter shall be known and may be cited as the “Iowa Cell Siting Act” . 2015 Acts, ch 120, §1, 10

For the purposes of this chapter , unless the context otherwise requires: 1. “Applicant” means any person engaged in the business of providing wireless telecommunications services or the wireless telecommunications infrastructure required for wireless telecommunications services …

In order to ensure uniformity across this state with respect to the consideration of every application, and notwithstanding any other provision to the contrary, an authority shall not do any of the following: 1. Require an applicant to submit information about, or evaluate an app…

1. An authority may exercise zoning, land use, planning, and permitting authority within the authority’s territorial boundaries with regard to the siting of new towers, subject to the provisions of this chapter and federal law. 2. An applicant that proposes to construct a new tow…

1. An authority may exercise zoning, land use, planning, and permitting authority within the authority’s territorial boundaries with regard to an application for initial placement or installation of transmission equipment on wireless support structures, for modification of an exi…

1. In accordance with other applicable laws, when entering into a lease with an applicant for the applicant’s use of public lands, an authority shall offer the market rate value for use of that land. The term of the lease shall be for at least twenty years, but all or a portion o…

Notwithstanding any provision to the contrary, an authority shall not mandate, require, or regulate the installation, location, or use of transmission equipment on a utility pole. 2015 Acts, ch 120, §7, 10

1. a. Except as provided in this section , an authority shall not prohibit or restrict the siting of a small wireless facility. b. For purposes of this section , “siting” means the mounting, installation, maintenance, modification, operation, or replacement of a small wireless fa…

1. A public utility that owns or controls a utility pole on which a small wireless facility is sited in alleged violation of this chapter or the Iowa electrical safety code shall notify the owner of the small wireless facility of the alleged violation, in writing or by any other …

1. A new, replacement, or modified utility pole or wireless support structure installed in a public right-of-way located within the city limits of an incorporated city for the purpose of siting a wireless facility, including a small wireless facility under the provisions of this …

This chapter shall not be construed as: 1. Prohibiting an airport, aviation authority, or municipality from administering and enforcing airport zoning pursuant to the provisions of chapter 329 for the protection of navigable airspace. 2. Infringing upon the jurisdiction of a comm…

This chapter is repealed July 1, 2035. 2015 Acts, ch 120, §9, 10 ; 2017 Acts, ch 112, §6 ; 2020 Acts, ch 1026, §1, 2 ; 2024 Acts, ch 1102, §1

It is the intent of the general assembly that communications of state government be coordinated to effect maximum practical consolidation and joint use of communications services. [C71, 73, §8A.1; C75, 77, 79, 81, §18.132 ] 83 Acts, ch 126, §3 ; 94 Acts, ch 1184, §29 C95, §8D.1…

1. a. The commission may purchase, lease, and improve property, equipment, and services for telecommunications for public and private agencies and may dispose of property and equipment when not necessary for its purposes. The commission may enter into a contract for the purchase,…

The commission may charge a negotiated fee, to recover a share of the costs related to the research and development, initial production, and derivative products of its proprietary software and hardware, telecommunications architecture design, and proprietary technology applicatio…

Notwithstanding any provision to the contrary, the commission or the department of administrative services shall not sell, lease, or otherwise dispose of the network without prior authorization by a constitutional majority of each house of the general assembly and approval by the…

1. Moneys in the Iowa communications network fund are appropriated to the Iowa telecommunications and technology commission for purposes of providing financing for the procurement, operation, and maintenance of the Iowa communications network with sufficient capacity to serve the…

There is created in the office of the treasurer of state a fund to be known as the Iowa communications network fund under the control of the Iowa telecommunications and technology commission. There shall be deposited into the Iowa communications network fund proceeds from bonds i…

When used in this chapter , unless the context otherwise requires: 1. “Commission” means the Iowa telecommunications and technology commission established in section 8D.3 . 2. “Director” means the executive director appointed pursuant to section 8D.4 . 3. “Network” means the Iowa…

1. Commission established. A telecommunications and technology commission is established with the sole authority to supervise the management, development, and operation of the network and ensure that all components of the network are technically compatible. The management, develo…

1. The governor shall appoint an executive director of the commission, subject to confirmation by the senate. Such individual shall not serve as a member of the commission. The executive director shall serve at the pleasure of the governor. The executive director shall be selecte…

The commission may establish and abolish advisory committees as necessary representing authorized users of the network and providing other expertise needed to assist the commission in performing its duties. 94 Acts, ch 1184, §8 ; 2006 Acts, ch 1126, §2, 3

An authorized user is responsible for all scheduling of the use of the authorized user’s facility. A person who disputes a scheduling decision of such user may petition the commission for a review of such decision pursuant to section 8D.3, subsection 3 , paragraph “c” . 94 Acts, …