Text: HSB00178 Text: HSB00180 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 7E.5, subsection 1, paragraph t, Code 1 2 1995, is amended by striking the paragraph. 1 3 Sec. 2. Section 15.108, Code 1995, is amended by adding 1 4 the following new subsection: 1 5 NEW SUBSECTION. 11. COMMUNITY ACTION PROGRAM. To provide 1 6 administration and coordination of the community action 1 7 program through community action agencies as provided in 1 8 sections 15.341 through 15.354. 1 9 Sec. 3. NEW SECTION. 15.341 DEFINITIONS. 1 10 For purposes of this part, unless the context otherwise 1 11 requires: 1 12 1. "Administrator" means the administrator of another 1 13 division of the department who is assigned coordination of the 1 14 administration of the community action programs. 1 15 2. "Commission" means the commission on community action 1 16 agencies. 1 17 3. "Community action agency" means a public agency or a 1 18 private nonprofit agency which is authorized under its charter 1 19 or bylaws to receive funds to administer community action 1 20 programs and is designated by the governor to receive and 1 21 administer the funds. 1 22 4. "Community action program" means a program conducted by 1 23 a community action agency which includes projects to provide a 1 24 range of services to improve the conditions of poverty in the 1 25 area served by the community action agency. 1 26 5. "Delegate agency" means a subgrantee or contractor 1 27 selected by the community action agency. 1 28 6. "Division" means another division of the department 1 29 assigned the duty of coordinating the administration of the 1 30 community action programs. 1 31 Sec. 4. NEW SECTION. 15.342 ADMINISTRATOR &endash; DUTIES. 1 32 The administrator shall do all of the following: 1 33 1. Coordinate the administration of the community action 1 34 programs. 1 35 2. Implement requirements of the community action 2 1 programs. 2 2 3. Issue an annual report to the governor and general 2 3 assembly regarding the community action programs conducted 2 4 within the state. 2 5 Sec. 5. NEW SECTION. 15.343 COMMISSION ESTABLISHED. 2 6 1. The commission on community action agencies is created, 2 7 composed of nine members appointed by the governor, subject to 2 8 confirmation by the senate. The membership of the commission 2 9 shall reflect the composition of local community action agency 2 10 boards as follows: 2 11 a. One-third of the members shall be elected officials. 2 12 b. One-third of the members shall be representatives of 2 13 business, industry, labor, religious, welfare, and educational 2 14 organizations, or other major interest groups. 2 15 c. One-third of the members shall be persons who, 2 16 according to federal guidelines, have incomes at or below 2 17 poverty level. 2 18 2. Commission members shall serve three-year terms which 2 19 shall begin and end pursuant to section 69.19. Vacancies on 2 20 the commission shall be filled for the remainder of the term 2 21 of the original appointment. Members whose terms expire may 2 22 be reappointed. Members of the commission shall receive 2 23 actual expenses for their services. Members may also be 2 24 eligible to receive compensation as provided in section 7E.6. 2 25 Members as specified under subsection 1, paragraph "c", 2 26 however, shall receive per diem compensation as provided in 2 27 section 7E.6 and actual expenses. The membership of the 2 28 commission shall also comply with the political party 2 29 affiliation and gender balance requirements of sections 69.16 2 30 and 69.16A. 2 31 3. The commission shall select from its membership a 2 32 chairperson and other officers as it deems necessary. A 2 33 majority of the members of the commission shall constitute a 2 34 quorum. 2 35 Sec. 6. NEW SECTION. 15.344 DUTIES OF THE COMMISSION. 3 1 The commission shall: 3 2 1. Meet at least quarterly to review the progress of 3 3 community action programs. 3 4 2. Adopt rules pursuant to chapter 17A as it deems 3 5 necessary for the commission and division duties related to 3 6 community action programs. 3 7 3. Supervise the collection of data relative to the scope 3 8 of services provided by the community action agencies. 3 9 4. Recommend legislation to the governor and the general 3 10 assembly designed to improve the status of low-income persons 3 11 in the state. 3 12 Sec. 7. NEW SECTION. 15.345 ESTABLISHMENT OF COMMUNITY 3 13 ACTION AGENCIES. 3 14 The division shall recognize and assist in the designation 3 15 of certain community action agencies to assist in the delivery 3 16 of community action programs. These programs shall include, 3 17 but not be limited to, outreach, low-income energy assistance, 3 18 and weatherization programs. If a community action agency is 3 19 in effect and currently serving an area, that community action 3 20 agency shall become the designated community action agency for 3 21 that area. If there is not a designated community action 3 22 agency in the area a city council or county board of 3 23 supervisors or any combination of one or more councils or 3 24 boards may establish a community action agency and may apply 3 25 to the division for recognition. The council or board or the 3 26 combination may adopt an ordinance or resolution establishing 3 27 a community action agency if a community action agency has not 3 28 been designated. It is the purpose of the division to 3 29 strengthen, supplement, and coordinate efforts to develop the 3 30 full potential of each citizen by recognizing certain 3 31 community action agencies and the continuation of certain 3 32 community-based programs delivered by community action 3 33 agencies. 3 34 Sec. 8. NEW SECTION. 15.346 COMMUNITY ACTION AGENCY 3 35 BOARD. 4 1 1. A recognized community action agency shall be governed 4 2 by a board of directors composed of at least nine members. 4 3 The board membership shall be as follows: 4 4 a. One-third of the members of the board shall be elected 4 5 public officials currently holding office or their 4 6 representatives. However, if the number of elected officials 4 7 available and willing to serve is less than one-third of the 4 8 membership of the board, the membership of the board 4 9 consisting of appointive public officials may be counted as 4 10 fulfilling the requirement that one-third of the members of 4 11 the board be elected public officials. 4 12 b. At least one-third of the members of the board shall be 4 13 chosen in accordance with procedures established by the 4 14 community action agency to assure representation of the poor 4 15 in an area served by the agency. 4 16 c. The remainder of the members of the board shall be 4 17 members of business, industry, labor, religious, welfare, 4 18 education, or other major groups or interests in the 4 19 community. 4 20 2. Notwithstanding subsection 1, a public agency shall 4 21 establish an advisory board or may contract with a delegate 4 22 agency to assist the governing board. The advisory board or 4 23 delegate agency board shall be composed of the same type of 4 24 membership as a board of directors for community action 4 25 agencies under subsection 1. However, the public agency 4 26 acting as the community action agency shall determine annual 4 27 program budget requests. 4 28 Sec. 9. NEW SECTION. 15.347 DUTIES OF BOARD. 4 29 1. The governing board, delegate agency board, or advisory 4 30 board shall: 4 31 a. Provide for: 4 32 (1) Comprehensive planning of the community action agency. 4 33 (2) Local needs assessment surveys conducted by the 4 34 community action agency. 4 35 b. Approve overall program plans and priorities developed 5 1 by the community action agency. 5 2 2. The governing board may: 5 3 a. Own, purchase, and dispose of property necessary for 5 4 the operation of the community action agency. 5 5 b. Receive and administer funds and contributions from 5 6 private or public sources which may be used to support 5 7 community action programs. 5 8 c. Receive and administer funds from a federal or state 5 9 assistance program pursuant to which a community action agency 5 10 could serve as a grantee, a contractor, or a sponsor of a 5 11 project appropriate for inclusion in a community action 5 12 program. 5 13 Sec. 10. NEW SECTION. 15.348 DUTIES OF COMMUNITY ACTION 5 14 AGENCY. 5 15 A community action agency or delegate agency shall: 5 16 1. Plan for a community action program by establishing 5 17 priorities among projects, activities, and areas to provide 5 18 for the most efficient use of possible resources. 5 19 2. Obtain and administer assistance from available sources 5 20 on a common or cooperative basis, in an attempt to provide 5 21 additional opportunities to low-income persons. 5 22 3. Establish effective procedures by which the concerned 5 23 low-income persons and area residents may influence the 5 24 community action programs affecting them by providing for 5 25 methods of participation in the implementation of the 5 26 community action programs and by providing technical support 5 27 to assist persons to secure assistance available from public 5 28 and private sources. 5 29 4. Encourage and support self-help, volunteer, business, 5 30 labor, and other groups and organizations to assist public 5 31 officials and agencies in supporting a community action 5 32 program which results in the additional use of private 5 33 resources while developing new employment opportunities, 5 34 encouraging investments which have an impact on reducing 5 35 poverty among the poor in areas of concentrated poverty, and 6 1 providing methods by which low-income persons can work with 6 2 private organizations, businesses, and institutions in seeking 6 3 solutions to problems of common concern. 6 4 Sec. 11. NEW SECTION. 15.349 ADMINISTRATION. 6 5 A community action agency or a delegate agency may 6 6 administer the components of a community action program when 6 7 the program is consistent with plans and purposes and 6 8 applicable law. The community action programs may be projects 6 9 which are eligible for assistance from any source. The 6 10 programs shall be developed to meet local needs and may be 6 11 designed to meet eligibility standards of a federal or state 6 12 program providing assistance to a plan to meet local needs. 6 13 Sec. 12. NEW SECTION. 15.350 AUDIT. 6 14 Each community action agency shall be audited annually but 6 15 shall not be required to obtain a duplicate audit to meet the 6 16 requirements of this section. In lieu of an audit by the 6 17 auditor of state, the community action agency may contract 6 18 with or employ a certified public accountant to conduct the 6 19 audit, pursuant to the applicable terms and conditions 6 20 prescribed by sections 11.6 and 11.19 and an audit format 6 21 prescribed by the auditor of state. Copies of each audit 6 22 shall be furnished to the division within three months 6 23 following the annual audit. 6 24 Sec. 13. NEW SECTION. 15.351 ALLOCATION OF FINANCIAL 6 25 ASSISTANCE. 6 26 The administrator shall provide financial assistance for 6 27 community action agencies to implement community action 6 28 programs, as permitted by the community service block grant, 6 29 administer the low-income energy assistance block grants, 6 30 department of energy funds for weatherization received in 6 31 Iowa, and other possible funding sources. 6 32 If a political subdivision is the agency, the financial 6 33 assistance shall be allocated to the political subdivision. 6 34 Sec. 14. NEW SECTION. 15.352 EMERGENCY WEATHERIZATION 6 35 FUND. 7 1 The division shall continue implementation of the 7 2 weatherization goals of each community action agency based on 7 3 the inventory developed for the 1987-1988 winter heating 7 4 season. 7 5 Sec. 15. NEW SECTION. 15.353 ENERGY CRISIS FUND. 7 6 1. An energy crisis fund is created in the state treasury. 7 7 Moneys deposited in the fund shall be used to assist low- 7 8 income families who qualify for the low-income heating energy 7 9 assistance program to avoid loss of essential heating. 7 10 2. The fund may receive moneys including, but not limited 7 11 to, the following: 7 12 a. Moneys appropriated by the general assembly for the 7 13 fund. 7 14 b. Moneys credited to the fund under section 473.11. 7 15 c. Unclaimed patronage dividends of electric cooperative 7 16 corporations or associations applied to the fund following the 7 17 time specified in section 556.12 for claiming the dividend 7 18 from the holder. 7 19 d. The fund may also receive contributions from customer 7 20 contribution funds established under section 476.66. 7 21 3. Under rules developed by the division, the fund may be 7 22 used to negotiate reconnection of essential utility services 7 23 with the energy provider. 7 24 Sec. 16. NEW SECTION. 15.354 IOWA AFFORDABLE HEATING 7 25 PROGRAM ESTABLISHED. 7 26 1. The division shall establish an Iowa affordable heating 7 27 program for the purpose of assisting low-income persons in 7 28 paying for primary heating fuel costs. 7 29 2. In order to be eligible for participation in the Iowa 7 30 affordable heating program, an applicant must meet all of the 7 31 following requirements: 7 32 a. Meet the income guidelines established pursuant to the 7 33 federal low-income home energy assistance program, with income 7 34 at or below one hundred ten percent of the federal poverty 7 35 income guidelines established by the office of management and 8 1 budget. The division may adjust the income threshold by rule 8 2 as necessitated by budgetary restrictions. 8 3 b. Participate in annual level payment plans for both gas 8 4 and electric services if such plans are available to the 8 5 participant. The division shall develop an alternative plan 8 6 for participants whose energy providers do not provide such 8 7 plans. 8 8 c. Participate in the weatherization assistance program, 8 9 if eligible. 8 10 d. Have insufficient finances, as determined by rule, 8 11 which prohibit the payment of the entire cost of the heating 8 12 of the applicant's home. 8 13 e. Submit to the administering agency within thirty days 8 14 of application for participation in the program third-party 8 15 verification of all of the following: 8 16 (1) The gross income of all of the members of the 8 17 applicant's household in accordance with the rules adopted for 8 18 the low-income home energy assistance program. 8 19 (2) The applicant's unreimbursed medical expenses for the 8 20 time period corresponding to that used for the income 8 21 calculation with proof of personal responsibility for these 8 22 expenses. 8 23 f. Participate in counseling, provided by the 8 24 administering agency, regarding energy efficiency. 8 25 3. In determination of the amount of the affordable 8 26 heating payment for which the participant is eligible, the 8 27 following formula shall be used: 8 28 a. An annual adjusted income amount shall be calculated. 8 29 (1) To be eligible, an applicant must also apply and be 8 30 eligible for participation in the low-income home energy 8 31 assistance program. A participant's income shall be 8 32 determined as the amount verified on a low-income home energy 8 33 assistance program application. 8 34 (2) A participant's adjusted income shall be determined by 8 35 subtracting from the verified income, the actual costs 9 1 incurred for each of the following: 9 2 (a) Annual rental or mortgage payments, real estate taxes, 9 3 and real estate insurance payments not to exceed a maximum 9 4 established by division rule based on the statewide low-income 9 5 housing cost average. 9 6 (b) Annual unreimbursed medical expenses, not to exceed 9 7 two thousand four hundred dollars. 9 8 (c) Annual child support and alimony payments. 9 9 (d) The annual costs of water, basic local telephone, and 9 10 nonheating electric services as defined by division rule. 9 11 (e) Annual child care costs incurred by a participant due 9 12 to employment or participation in an academic or job-training 9 13 program. 9 14 b. A predicted heating cost shall be calculated. 9 15 (1) When applicable, the predicted heating costs shall be 9 16 the annual total calculated under subsection 2, paragraph "b", 9 17 for level payment plans. 9 18 (2) Where subsection 3, paragraph "b", subparagraph (1), 9 19 does not apply, the predicted heating cost shall be based 9 20 upon, but is not limited to, primary heating fuel usage 9 21 incurred during the twelve-month period immediately preceding 9 22 application, first adjusted for weather and then adjusted for 9 23 rate changes occurring during the twelve-month period 9 24 immediately preceding application. 9 25 c. Following the calculation of the participant's adjusted 9 26 income and predicted heating cost, the participant's adjusted 9 27 heating cost shall be calculated by: 9 28 (1) Adding the predicted heating cost figure to any 9 29 scheduled repayment of an arrearage which has been negotiated 9 30 between the participant and the primary heating fuel provider. 9 31 The arrearage shall not exceed three hundred dollars annually. 9 32 Any remaining arrearage shall be considered in subsequent 9 33 years. 9 34 (2) Subtracting from the figure determined under paragraph 9 35 "b" the federal low-income home energy assistance program 10 1 grant, if a grant is received. 10 2 d. The division shall promulgate rules to establish a 10 3 standard percentage not to exceed twenty-five percent of 10 4 household heating costs to adjusted income, taking into 10 5 consideration household family size. For each participant, 10 6 the administering agency shall determine the percentage of 10 7 adjusted heating cost to adjusted income. If the 10 8 participant's percentage exceeds the standard percentage, an 10 9 affordable heating payment shall be made as prescribed by 10 10 rule. The payment shall be made to the participant's primary 10 11 heating fuel provider and credited to the participant's 10 12 heating account for the year in which the participant is 10 13 eligible. 10 14 (1) When offered by the primary heating fuel provider, the 10 15 provider shall calculate or recalculate the participant's 10 16 annual level payment plan after all forms of assistance are 10 17 credited. A monthly level payment shall be established. 10 18 However, each level payment shall not be less than a monthly 10 19 minimum as established by division rule. 10 20 (2) Reconciliation shall occur as prescribed in the rules 10 21 of the Iowa utilities board or, at a minimum, annually, for 10 22 unregulated heating fuel providers. 10 23 4. A participant in the Iowa affordable heating program 10 24 who maintains the monthly level payment shall be protected 10 25 from disconnection of service by the participant's primary 10 26 heating fuel provider. 10 27 5. The department shall adopt rules pursuant to chapter 10 28 17A which establish the criteria under which a participant in 10 29 the Iowa affordable heating program would be determined 10 30 ineligible for continued participation in the program. The 10 31 criteria shall include but are not limited to a requirement 10 32 that the participant maintains the monthly level payment in 10 33 order to maintain eligibility in the program. 10 34 6. Any moneys appropriated for the Iowa affordable heating 10 35 program which are not expended by April 30 of each fiscal year 11 1 shall be used to fund the low-income energy assistance 11 2 program. 11 3 Sec. 17. Section 16.100, subsection 8, Code 1995, is 11 4 amended to read as follows: 11 5 8. A homelessness advisory committee is created consisting 11 6 of the executive director or the executive director's 11 7 designee, the directors or their designees from the 11 8 departments of economic development, elder affairs, human 11 9 services, andhumancivil rights, and at least three 11 10 individuals from the private sector to be selected by the 11 11 executive director. The advisory committee shall advise the 11 12 authority in coordinating programs that provide for the 11 13 homeless. 11 14 Sec. 18. Section 23A.2, subsection 5, Code 1995, is 11 15 amended to read as follows: 11 16 5. Subsections 1 and 3 do not apply to activities of 11 17 community action agencies under community action programs, as 11 18 both are defined in section216A.9115.341. 11 19 Sec. 19. Section 48A.19, subsection 1, paragraph b, 11 20 subparagraphs (3) and (4), Code 1995, are amended to read as 11 21 follows: 11 22 (3) Deaf services division of the department ofhuman11 23 civil rightsor its successor agency. 11 24 (4) Division of persons with disabilities of the 11 25 department ofhumancivil rightsor its successor agency. 11 26 Sec. 20. Section 84A.3, subsection 3, Code 1995, is 11 27 amended to read as follows: 11 28 3. The job service commissioner, in cooperation with the 11 29 division for persons with disabilities of the department of 11 30humancivil rights, shall establish a program to provide job 11 31 placement and training to persons with disabilities. 11 32 Sec. 21. Section 84B.1, unnumbered paragraph 1, Code 1995, 11 33 is amended to read as follows: 11 34 The departments of employment services and economic 11 35 development, in consultation with the departments of 12 1 education, elder affairs, human services, andhumancivil 12 2 rights, shall establish guidelines for colocating state and 12 3 federal employment and training programs in centers providing 12 4 services at the local level. The centers shall be known as 12 5 workforce development centers. The departments shall also 12 6 jointly establish an integrated management information system 12 7 for linking the programs within a local center to the same 12 8 programs within other local centers and to the state. The 12 9 guidelines shall provide for local design and operation within 12 10 the guidelines. The core services available at a center shall 12 11 include but are not limited to all of the following: 12 12 Sec. 22. Section 216.1, Code 1995, is amended to read as 12 13 follows: 12 14 216.1CITATIONDEPARTMENT CREATED. 12 15This chapter may be known and may be cited as the "Iowa12 16Civil Rights Act of 1965".12 17 The department of civil rights is created with the 12 18 following divisions: 12 19 1. Division of civil rights. 12 20 2. Division of Latino affairs. 12 21 3. Division on the status of women. 12 22 4. Division of persons with disabilities. 12 23 5. Division on the status of African-Americans. 12 24 6. Division of deaf services. 12 25 Sec. 23. Section 216.2, subsection 1, Code 1995, is 12 26 amended to read as follows: 12 27 1. "Commission" means the Iowa state civil rights 12 28 commissioncreated by this chapter. 12 29 Sec. 24. Section 216.2, Code 1995, is amended by adding 12 30 the following new subsections: 12 31 NEW SUBSECTION. 4A. "Department" means the department of 12 32 civil rights created in section 216.1. 12 33 NEW SUBSECTION. 4B. "Director" means the director of the 12 34 department of civil rights appointed pursuant to section 216.3 12 35 to serve as both director of the department and administrator 13 1 of the division of civil rights. 13 2 Sec. 25. NEW SECTION. 216.2A CITATION. 13 3 This subchapter may be known and may be cited as the "Iowa 13 4 Civil Rights Act of 1965". 13 5 Sec. 26. Section 216.5, Code 1995, is amended by adding 13 6 the following new subsections: 13 7 NEW SUBSECTION. 15. To meet periodically with the 13 8 administrators of the division of Latino affairs, the division 13 9 on the status of women, the division of persons with 13 10 disabilities, the division on the status of African-Americans, 13 11 and the division of deaf services, to: 13 12 a. Identify areas where the divisions might coordinate 13 13 efforts or share administrative or other support functions to 13 14 provide greater efficiencies in operation including, but not 13 15 limited to, accounting, clerical, recordkeeping, and 13 16 administrative support functions. 13 17 b. Develop cooperative arrangements and shared services 13 18 among the divisions to achieve greater efficiencies, and may 13 19 establish contracts and agreements between or among the 13 20 divisions to provide for shared services. 13 21 c. Transfer funds within the divisions agreeing to shared 13 22 services for the implementation of the contracts or agreements 13 23 between divisions. 13 24 d. Make recommendations to the governor and general 13 25 assembly regarding additional consolidation and coordination 13 26 that would require legislative action. 13 27 e. Advise the department director regarding actions by and 13 28 for the divisions. 13 29 f. Establish goals and objectives for the divisions. 13 30 NEW SUBSECTION. 16. To evaluate each administrator of 13 31 each division of the department and submit a written report of 13 32 the completed evaluations to the governor, annually. 13 33 The governor shall appoint the administrator of each 13 34 division, subject to confirmation by the senate. Each 13 35 administrator shall serve at the pleasure of the governor and 14 1 is exempt from the merit system provisions of chapter 19A. 14 2 The governor shall set the salary of each administrator within 14 3 the range set by the general assembly. 14 4 Sec. 27. NEW SECTION. 216.21 CONFIDENTIALITY OF 14 5 INDIVIDUAL CLIENT ADVOCACY RECORDS. 14 6 1. For purposes of this section, unless the context 14 7 otherwise requires: 14 8 a. "Advocacy services" means services in which a division 14 9 staff member writes or speaks in support of a client or a 14 10 client's cause or refers a person to another service to help 14 11 alleviate or solve a problem. 14 12 b. "Division" means the division of Latino affairs, the 14 13 division on the status of women, the division of persons with 14 14 disabilities, and the division on the status of African- 14 15 Americans. 14 16 c. "Individual client advocacy records" means those files 14 17 or records which pertain to problems divulged by a client to a 14 18 division or any related papers or records which are released 14 19 to the division about a client for the purpose of assisting 14 20 the client. 14 21 2. Information pertaining to clients receiving advocacy 14 22 services shall be held confidential, including but not limited 14 23 to the following: 14 24 a. Names and addresses of clients receiving advocacy 14 25 services. 14 26 b. Information about a client reported on the initial 14 27 advocacy intake form and all documents, information, or other 14 28 material relating to the advocacy issues or to the client 14 29 which could identify the client, or divulge information about 14 30 the client. 14 31 c. Information concerning the social or economic 14 32 conditions or circumstances of particular clients who are 14 33 receiving or have received advocacy services. 14 34 d. Division evaluations of information about a person 14 35 seeking or receiving advocacy services. 15 1 e. Medical or psychiatric data, including diagnoses and 15 2 past histories of disease or disability, concerning a person 15 3 seeking or receiving advocacy services. 15 4 f. Legal data, including records which represent or 15 5 constitute the work product of an attorney, which are related 15 6 to a person seeking or receiving advocacy services. 15 7 3. Information described in subsection 2 shall not be 15 8 disclosed or used by any person or agency except for purposes 15 9 of administration of advocacy services, and shall not be 15 10 disclosed to or used by a person or agency outside the 15 11 division except upon consent of the client as evidenced by a 15 12 signed release. 15 13 4. This section does not restrict the disclosure or use of 15 14 information regarding the cost, purpose, number of clients 15 15 served or assisted, and results of an advocacy program 15 16 administered by the division, and other general and 15 17 statistical information, so long as the information does not 15 18 identify particular clients or persons provided with advocacy 15 19 services. 15 20 Sec. 28. NEW SECTION. 216.22 DEFINITIONS. 15 21 For purposes of this subchapter, unless the context 15 22 otherwise requires: 15 23 1. "Administrator" means the administrator of the division 15 24 of Latino affairs of the department of civil rights. 15 25 2. "Commission" means the commission of Latino affairs. 15 26 3. "Division" means the division of Latino affairs of the 15 27 department of civil rights. 15 28 Sec. 29. NEW SECTION. 216.23 COMMISSION OF LATINO 15 29 AFFAIRS &endash; TERMS &endash; COMPENSATION. 15 30 The commission of Latino affairs consists of nine members, 15 31 appointed by the governor, subject to confirmation by the 15 32 senate. Commission members shall be appointed in compliance 15 33 with sections 69.16 and 69.16A and with consideration given to 15 34 geographic residence and density of Latino population 15 35 represented by each member. The members of the commission 16 1 shall be appointed for terms of two years beginning and ending 16 2 as provided in section 69.19. Members appointed shall 16 3 continue to serve until their respective successors are 16 4 appointed. Vacancies in the membership of the commission 16 5 shall be filled by the original appointing authority and in 16 6 the manner of the original appointments. Members shall 16 7 receive actual expenses incurred while serving in their 16 8 official capacity. Members may also be eligible to receive 16 9 compensation as provided in section 7E.6. 16 10 Sec. 30. NEW SECTION. 216.24 ORGANIZATION. 16 11 The commission shall select from its membership a 16 12 chairperson and other officers as it deems necessary and shall 16 13 meet not less than six times a year. A majority of the 16 14 members of the commission shall constitute a quorum. 16 15 Sec. 31. NEW SECTION. 216.25 COMMISSION EMPLOYEES. 16 16 The commission may employ personnel who shall be qualified 16 17 to assume the responsibilities of their several offices. The 16 18 administrator shall be the administrative officer of the 16 19 commission and shall serve the commission by gathering and 16 20 disseminating information, forwarding proposals and 16 21 evaluations to the Iowa state civil rights commission, the 16 22 governor, the general assembly, and state agencies, carrying 16 23 out public education programs, conducting hearings and 16 24 conferences, and performing other duties necessary for the 16 25 proper operation of the commission. The administrator shall 16 26 carry out programs and policies as determined by the 16 27 commission. 16 28 Sec. 32. NEW SECTION. 216.26 DUTIES. 16 29 The commission shall: 16 30 1. Coordinate, assist, and cooperate with the efforts of 16 31 state departments and agencies to serve the needs of Latino 16 32 persons in the fields of education, employment, health, 16 33 housing, welfare, and recreation. 16 34 2. Develop, coordinate, and assist other public 16 35 organizations which serve Latino persons. 17 1 3. Evaluate existing programs and proposed legislation 17 2 affecting Latino persons, and propose new programs. 17 3 4. Stimulate public awareness of the problems of Latino 17 4 persons by conducting a program of public education and 17 5 encouraging the governor and the general assembly to develop 17 6 programs to deal with these problems. 17 7 5. Conduct training programs for Latino persons to enable 17 8 them to assume leadership positions on the community level. 17 9 6. Conduct a survey of the Latino people in Iowa in order 17 10 to ascertain their needs. 17 11 7. Work to establish a Latino information center in the 17 12 state of Iowa. 17 13 8. Be responsible for budgetary and personnel decisions 17 14 for the commission and division. 17 15 9. Maintain information on the qualifications of Spanish 17 16 language interpreters and maintain and provide a list of those 17 17 deemed qualified to Iowa courts or administrative agencies, as 17 18 requested. 17 19 Sec. 33. NEW SECTION. 216.27 POWERS. 17 20 The commission shall have all powers necessary to carry out 17 21 the functions and duties specified in this subchapter, 17 22 including, but not limited to the power to establish advisory 17 23 committees on special studies, to solicit and accept gifts and 17 24 grants, adopt rules according to chapter 17A for the 17 25 commission and division, and to contract with public and 17 26 private groups to conduct its business. All departments, 17 27 divisions, agencies and offices of the state shall make 17 28 available upon request of the commission information which is 17 29 pertinent to the subject matter of the study and which is not 17 30 by law confidential. 17 31 Sec. 34. NEW SECTION. 216.28 REPORT. 17 32 The commission shall make a detailed report of its 17 33 activities, studies, findings, conclusions and recommendations 17 34 to the Iowa state civil rights commission and to the general 17 35 assembly not later than February 15 of each odd-numbered year. 18 1 Sec. 35. NEW SECTION. 216.29 DEFINITIONS. 18 2 For purposes of this subchapter, unless the context 18 3 otherwise requires: 18 4 1. "Administrator" means the administrator of the division 18 5 on the status of women of the department of civil rights. 18 6 2. "Commission" means the commission on the status of 18 7 women. 18 8 3. "Division" means the division on the status of women of 18 9 the department of civil rights. 18 10 Sec. 36. NEW SECTION. 216.30 COMMISSION CREATED. 18 11 The commission on the status of women is created, composed 18 12 of thirteen members as follows: 18 13 1. Four members of the general assembly serving as ex 18 14 officio nonvoting members, one to be appointed by the speaker 18 15 of the house from the membership of the house, one to be 18 16 appointed by the minority leader of the house from the 18 17 membership of the house, one to be appointed by the president 18 18 of the senate, after consultation with the majority leader of 18 19 the senate, from the membership of the senate, and one to be 18 20 appointed by the minority leader of the senate, after 18 21 consultation with the president of the senate, from the 18 22 membership of the senate. 18 23 2. Nine members to be appointed by the governor 18 24 representing a cross section of the citizens of the state, 18 25 subject to confirmation by the senate. Commission members 18 26 shall be appointed in compliance with section 69.16 and 18 27 69.16A. The members of the commission shall elect one of its 18 28 members to serve as chairperson of the commission. 18 29 Sec. 37. NEW SECTION. 216.31 TERM OF OFFICE. 18 30 Four of the members appointed to the initial commission 18 31 shall be designated by the governor to serve two-year terms, 18 32 and five shall be designated by the governor to serve four- 18 33 year terms beginning and ending as provided in section 69.19. 18 34 The legislative members of the commission shall be appointed 18 35 to four-year terms of office, two of which shall expire every 19 1 two years unless sooner terminated by a commission member 19 2 ceasing to be a member of the general assembly. Succeeding 19 3 appointments shall be for a term of four years. Vacancies in 19 4 the membership shall be filled for the unexpired term in the 19 5 same manner as the original appointment. 19 6 Sec. 38. NEW SECTION. 216.32 MEETINGS OF THE COMMISSION. 19 7 The commission shall meet at least six times each year, and 19 8 shall hold special meetings on the call of the chairperson. 19 9 The commission shall adopt rules pursuant to chapter 17A as it 19 10 deems necessary for the commission and division. The members 19 11 of the commission shall receive a per diem as specified in 19 12 section 7E.6 and be reimbursed for actual expenses while 19 13 engaged in their official duties. Legislative members of the 19 14 commission shall receive payment pursuant to sections 2.10 and 19 15 2.12. 19 16 Sec. 39. NEW SECTION. 216.33 OBJECTIVES OF COMMISSION. 19 17 The commission shall study the changing needs and problems 19 18 of the women of this state, and develop and recommend new 19 19 programs and constructive action to the governor and the 19 20 general assembly, including but not limited to, the following 19 21 areas: 19 22 1. Public and private employment policies and practices. 19 23 2. Iowa labor laws. 19 24 3. Legal treatment relating to political and civil rights. 19 25 4. The family and the employed woman. 19 26 5. Expanded programs to help women as wives, mothers, and 19 27 workers. 19 28 6. Women as citizen volunteers. 19 29 7. Education. 19 30 Sec. 40. NEW SECTION. 216.34 EMPLOYEES AND 19 31 RESPONSIBILITY. 19 32 The commission shall employ other necessary employees. The 19 33 commission shall have responsibility for budgetary and 19 34 personnel decisions for the commission and division. The 19 35 administrator shall carry out programs and policies as 20 1 determined by the commission. 20 2 Sec. 41. NEW SECTION. 216.35 DUTIES. 20 3 The commission shall: 20 4 1. Serve as a clearinghouse on programs and agencies 20 5 operating to assist women. 20 6 2. Conduct conferences. 20 7 3. Cooperate with governmental agencies to assist them in 20 8 equalizing opportunities between men and women in employment 20 9 and in expanding women's rights and opportunities. 20 10 4. Serve as the central permanent agency for the 20 11 development of services for women. 20 12 5. Cooperate with public and private agencies in joint 20 13 efforts to study and resolve problems relating to the status 20 14 of women. 20 15 6. Publish and disseminate information relating to women 20 16 and develop other educational programs. 20 17 7. Provide assistance to organized efforts by communities, 20 18 organizations, associations, and other groups working toward 20 19 the improvement of women's status. 20 20 Sec. 42. NEW SECTION. 216.36 ADDITIONAL AUTHORITY. 20 21 The commission may: 20 22 1. Do all things necessary, proper, and expedient in 20 23 accomplishing the duties listed in section 216.35 and this 20 24 section. 20 25 2. Hold hearings. 20 26 3. Enter into contracts, within the limit of funds made 20 27 available, with individuals, organizations, and institutions 20 28 for services furthering the objectives of the commission as 20 29 listed in section 216.33. 20 30 4. Seek advice and counsel of informed individuals, or any 20 31 agricultural, industrial, professional, labor or trade 20 32 association, or civic group in the accomplishment of the 20 33 objectives of the commission. 20 34 5. Accept grants of money or property from the federal 20 35 government or any other source, and may upon its own order use 21 1 this money, property, or other resources to accomplish the 21 2 objectives of the commission. 21 3 Sec. 43. NEW SECTION. 216.37 ACCESS TO INFORMATION. 21 4 The commission shall have access to all nonconfidential 21 5 records, data, information, and statistics of all departments, 21 6 boards, commissions, agencies, and institutions of this state, 21 7 and upon terms which may be mutually agreed upon, have studies 21 8 and research conducted. 21 9 Sec. 44. NEW SECTION. 216.38 ANNUAL REPORT. 21 10 Not later than February 1 of each year the commission shall 21 11 file a report with the Iowa state civil rights commission, the 21 12 governor, and the general assembly of its proceedings for the 21 13 previous calendar year, and may submit with the report such 21 14 recommendations pertaining to its affairs as it deems 21 15 desirous, including recommendations for legislative 21 16 consideration and other action it deems necessary. 21 17 Sec. 45. NEW SECTION. 216.39 DEFINITIONS. 21 18 For purposes of this subchapter, unless the context 21 19 otherwise requires: 21 20 1. "Administrator" means the administrator of the division 21 21 of persons with disabilities of the department of civil 21 22 rights. 21 23 2. "Commission" means the commission of persons with 21 24 disabilities. 21 25 3. "Division" means the division of persons with 21 26 disabilities of the department of civil rights. 21 27 Sec. 46. NEW SECTION. 216.40 COMMISSION ESTABLISHED. 21 28 A commission of persons with disabilities is established. 21 29 Sec. 47. NEW SECTION. 216.41 EX OFFICIO MEMBERS. 21 30 The following persons or the persons' designees shall serve 21 31 as ex officio members of the commission: 21 32 1. The director of public health. 21 33 2. The director of the department of human services and 21 34 any administrators of that department so assigned by the 21 35 director. 22 1 3. The director of the department of education. 22 2 4. The director of vocational rehabilitation. 22 3 5. The director of the department for the blind. 22 4 6. The labor commissioner. 22 5 7. The industrial commissioner. 22 6 8. The job service commissioner. 22 7 9. The director of the department of personnel. 22 8 10. The director of the department of deaf services. 22 9 Sec. 48. NEW SECTION. 216.42 MEMBERSHIP. 22 10 The commission shall be composed of a minimum of twenty- 22 11 four members appointed by the governor and additional members 22 12 as the governor may appoint, subject to confirmation by the 22 13 senate and in compliance with sections 69.16 and 69.16A. 22 14 Insofar as practicable, the commission shall consist of 22 15 persons with disabilities, family members of persons with 22 16 disabilities, representatives of industry, labor, business, 22 17 agriculture, federal, state, and local government, and 22 18 representatives of religious, charitable, fraternal, civic, 22 19 educational, medical, legal, veteran, welfare, and other 22 20 professional groups and organizations. Members shall be 22 21 appointed representing every geographic center and employment 22 22 area of the state and shall include members of both sexes. 22 23 Sec. 49. NEW SECTION. 216.43 TERMS. 22 24 Members of the commission appointed by the governor shall 22 25 serve for a term of two years beginning and ending as provided 22 26 in section 69.19. Vacancies on the commission shall be filled 22 27 for the remainder of the term of the original appointment. 22 28 Members whose terms expire may be reappointed. 22 29 Sec. 50. NEW SECTION. 216.44 OFFICERS. 22 30 The members of the commission shall appoint a commission 22 31 chairperson and a vice chairperson and such other officers as 22 32 the commission deems necessary. Such officers shall serve 22 33 until their successors are appointed and qualified. Members 22 34 of the commission shall receive actual expenses for their 22 35 services. Members may also be eligible to receive 23 1 compensation as provided in section 7E.6. The commission 23 2 shall adopt rules pursuant to chapter 17A for the commission 23 3 and division. 23 4 Sec. 51. NEW SECTION. 216.45 DUTIES. 23 5 The commission shall: 23 6 1. Carry on a continuing program to promote the employment 23 7 of persons with disabilities. 23 8 2. Cooperate with all public and private agencies 23 9 interested in the employment of persons with disabilities. 23 10 3. Cooperate with all agencies responsible for or 23 11 interested in the rehabilitation and placement of persons with 23 12 disabilities. 23 13 4. Encourage the organization of committees at the 23 14 community level and work closely with such committees in 23 15 promoting the employment of persons with disabilities. 23 16 5. Assist in developing employer acceptance of qualified 23 17 workers who are persons with disabilities. 23 18 6. Inform persons with disabilities of specific facilities 23 19 available in seeking employment. 23 20 7. Conduct such educational programs as members deem 23 21 necessary. 23 22 8. Report annually to the Iowa state civil rights 23 23 commission, the governor, and the general assembly on 23 24 commission activities and submit any recommendations believed 23 25 necessary in promoting the employment of persons with 23 26 disabilities. 23 27 9. Be responsible for budgetary and personnel decisions 23 28 for the commission and division. 23 29 Sec. 52. NEW SECTION. 216.46 ADMINISTRATOR. 23 30 The commission officers may designate the duties and 23 31 obligations of the position of administrator. Any person so 23 32 employed may be the employee of another agency of state 23 33 government appointed with the consent of the executive officer 23 34 of such agency. The officers may appoint such other personnel 23 35 as may be necessary for the efficient performance of the 24 1 duties prescribed by this part. The administrator shall carry 24 2 out programs and policies as determined by the commission. 24 3 Sec. 53. NEW SECTION. 216.47 GIFTS, GRANTS, OR 24 4 DONATIONS. 24 5 The commission may receive any gifts, grants, or donations 24 6 made for any of the purposes of its program and disburse and 24 7 administer the same in accordance with the terms thereof. 24 8 Sec. 54. NEW SECTION. 216.48 DEFINITIONS. 24 9 For purposes of this subchapter, unless the context 24 10 otherwise requires: 24 11 1. "Administrator" means the administrator of the division 24 12 on the status of African-Americans of the department of civil 24 13 rights. 24 14 2. "Commission" means the commission on the status of 24 15 African-Americans. 24 16 3. "Division" means the division on the status of African- 24 17 Americans of the department of civil rights. 24 18 Sec. 55. NEW SECTION. 216.49 ESTABLISHMENT. 24 19 A commission on the status of African-Americans is 24 20 established to consist of nine members, appointed by the 24 21 governor and subject to confirmation by the senate. Members 24 22 shall be appointed to staggered four-year terms beginning and 24 23 ending as provided in section 69.19. At least five members 24 24 shall be individuals who are African-American. Members shall 24 25 be appointed in compliance with sections 69.16 and 69.16A and 24 26 shall represent every geographical area of the state. The 24 27 members of the commission shall appoint from its membership a 24 28 commission chairperson and a vice chairperson and other 24 29 officers as the commission deems necessary. Vacancies on the 24 30 commission shall be filled for the remainder of the term of 24 31 the original appointment. 24 32 Sec. 56. NEW SECTION. 216.50 MEETINGS OF THE COMMISSION. 24 33 The commission shall meet every other month and may hold 24 34 special meetings on the call of the chairperson. The 24 35 commission may adopt rules pursuant to chapter 17A as it deems 25 1 necessary for the conduct of its business. The members of the 25 2 commission shall be reimbursed for actual expenses while 25 3 engaged in their official duties. Members may also be 25 4 eligible to receive compensation as provided in section 7E.6. 25 5 Sec. 57. NEW SECTION. 216.51 OBJECTIVES OF COMMISSION. 25 6 The commission shall study the changing needs and problems 25 7 of African-Americans in this state, and recommend new 25 8 programs, policies, and constructive action to the governor 25 9 and the general assembly including, but not limited to, the 25 10 following areas: 25 11 1. Public and private employment policies and practices. 25 12 2. Iowa labor laws. 25 13 3. Legal treatment relating to political and civil rights. 25 14 4. African-American children, youth, and families. 25 15 5. Expanded programs to assist African-Americans as 25 16 consumers. 25 17 6. The employment of African-Americans and the initiation 25 18 and sustaining of African-American businesses and African- 25 19 American entrepreneurship. 25 20 7. African-Americans as members of private and public 25 21 boards, committees, and organizations. 25 22 8. Education, health, housing, social welfare, human 25 23 rights, and recreation. 25 24 9. The legal system, including law enforcement, both 25 25 criminal and civil. 25 26 10. Social service programs. 25 27 Sec. 58. NEW SECTION. 216.52 EMPLOYEES AND 25 28 RESPONSIBILITY. 25 29 The administrator shall be the administrative officer of 25 30 the division and shall be responsible for implementing 25 31 policies and programs. The administrator may employ, in 25 32 accordance with chapter 19A, other persons necessary to carry 25 33 out the programs of the division. 25 34 Sec. 59. NEW SECTION. 216.53 DUTIES. 25 35 The commission shall do all of the following: 26 1 1. Serve as an information clearinghouse on programs and 26 2 agencies operating to assist African-Americans. Clearinghouse 26 3 duties shall include, but are not limited to: 26 4 a. Service as a referral agency to assist African- 26 5 Americans in securing access to state agencies and programs. 26 6 b. Service as a liaison with federal, state, and local 26 7 governmental units and private organizations on matters 26 8 relating to African-Americans. 26 9 c. Service as a communications conduit to state government 26 10 for African-American organizations in the state. 26 11 d. Stimulation of public awareness of the problems of 26 12 African-Americans. 26 13 2. Conduct conferences and training programs for African- 26 14 Americans, public and private agencies and organizations, and 26 15 the general public. 26 16 3. Coordinate, assist, and cooperate with public and 26 17 private agencies in efforts to expand equal rights and 26 18 opportunities for African-Americans in the areas of 26 19 employment, economic development, education, health, housing, 26 20 recreation, social welfare, social services, and the legal 26 21 system. 26 22 4. Serve as the central permanent agency for the advocacy 26 23 of services for African-Americans. 26 24 5. Provide assistance to and cooperate with individuals 26 25 and public and private agencies and organizations in joint 26 26 efforts to study and resolve problems relating to the 26 27 improvement of the status of African-Americans. 26 28 6. Publish and disseminate information relating to 26 29 African-Americans, including publicizing their accomplishments 26 30 and contributions to this state. 26 31 7. Evaluate existing and proposed programs and legislation 26 32 for their impact on African-Americans. 26 33 8. Coordinate or conduct training programs for African- 26 34 Americans to enable them to assume leadership positions. 26 35 9. Conduct surveys of African-Americans to ascertain their 27 1 needs. 27 2 10. Assist the department of personnel in the elimination 27 3 of underutilization of African-Americans in the state's 27 4 workforce. 27 5 11. Recommend legislation to the governor and the general 27 6 assembly designed to improve the educational opportunities and 27 7 the economic and social conditions of African-Americans in 27 8 this state. 27 9 Sec. 60. NEW SECTION. 216.54 ADDITIONAL AUTHORITY. 27 10 The commission may do any or all of the following: 27 11 1. Do all things necessary, proper, and expedient in 27 12 accomplishing the duties listed in section 216.53 and this 27 13 section. 27 14 2. Hold hearings. 27 15 3. Enter into contracts, within the limit of funds made 27 16 available, with individuals, organizations, and institutions 27 17 for services furthering the objectives of the commission as 27 18 listed in section 216.51. 27 19 4. Seek advice and counsel of informed individuals and 27 20 organizations, in the accomplishment of the objectives of the 27 21 commission. 27 22 5. Apply for and accept grants of money or property from 27 23 the federal government or any other source, and upon its own 27 24 order use this money, property, or other resources to 27 25 accomplish the objectives of the commission. 27 26 Sec. 61. NEW SECTION. 216.55 ACCESS TO INFORMATION. 27 27 For the purpose of research and study, the commission and 27 28 the administrator shall have access to all nonconfidential 27 29 records, data, information, and statistics of all departments, 27 30 boards, commissions, agencies, and institutions of this state. 27 31 Sec. 62. NEW SECTION. 216.56 ANNUAL REPORT. 27 32 Not later than August 1 of each year, the commission shall 27 33 file a report with the Iowa state civil rights commission, the 27 34 governor, and the general assembly of its activities for the 27 35 previous fiscal year and its programmatic priorities for the 28 1 current year beginning July 1. The commission may submit with 28 2 the report any recommendations pertaining to its affairs and 28 3 shall submit recommendations for legislative consideration and 28 4 other action it deems necessary. 28 5 Sec. 63. NEW SECTION. 216.57 DEFINITIONS. 28 6 For purposes of this subchapter, unless the context 28 7 otherwise requires: 28 8 1. "Administrator" means the administrator of the division 28 9 of deaf services of the department of civil rights. 28 10 2. "Commission" means the commission on the deaf. 28 11 3. "Division" means the division of deaf services of the 28 12 department of civil rights. 28 13 Sec. 64. NEW SECTION. 216.58 COMMISSION CREATED. 28 14 A commission on the deaf is established, consisting of 28 15 seven members appointed by the governor, subject to confirma- 28 16 tion by the senate. Lists of nominees for appointment to 28 17 membership on the commission may be submitted by the Iowa 28 18 association of the deaf, the Iowa state registry of 28 19 interpreters for the deaf, the Iowa school for the deaf, and 28 20 the commission of persons with disabilities. At least four 28 21 members shall be persons who cannot hear human speech with or 28 22 without use of amplification. All members shall reside in 28 23 Iowa and shall be appointed in accordance with sections 69.16 28 24 and 69.16A. The members of the commission shall appoint the 28 25 chairperson of the commission. A majority of the members of 28 26 the commission constitutes a quorum. 28 27 Terms of office are three years and shall begin and end 28 28 pursuant to section 69.19. The commission shall adopt rules 28 29 concerning programs and services for deaf and hard-of-hearing 28 30 persons. 28 31 Commission members shall be reimbursed for actual expenses 28 32 incurred in performance of their duties. Members may also be 28 33 eligible to receive compensation as provided in section 7E.6. 28 34 Sec. 65. NEW SECTION. 216.59 COMMISSION EMPLOYEES. 28 35 The commission may employ clerical staff who shall be 29 1 qualified by experience to assume the responsibilities of the 29 2 offices. The administrator shall be the administrative 29 3 officer of the commission and shall be responsible for 29 4 implementing policy set by the commission. The administrator 29 5 shall carry out programs and policies as determined by the 29 6 commission. 29 7 Sec. 66. NEW SECTION. 216.60 DUTIES OF COMMISSION. 29 8 The commission shall: 29 9 1. Interpret to communities and to interested persons the 29 10 needs of the deaf and hard-of-hearing and how their needs may 29 11 be met through the use of service providers. 29 12 2. Obtain without additional cost to the state available 29 13 office space in public and private agencies which service 29 14 providers may utilize in carrying out service projects for 29 15 deaf and hard-of-hearing persons. However, if space is not 29 16 available in a specific service area without additional cost 29 17 to the state, the commission may obtain other office space 29 18 which is located with other public or private agencies. The 29 19 space shall be obtained at the lowest cost available and the 29 20 terms of the lease must be approved by the director of the 29 21 department of general services. 29 22 3. Establish service projects for deaf and hard-of-hearing 29 23 persons throughout the state. Projects shall not be 29 24 undertaken by service providers for compensation which would 29 25 duplicate existing services when those services are available 29 26 to deaf and hard-of-hearing persons through paid interpreters 29 27 or other persons able to communicate with deaf and hard-of- 29 28 hearing persons. 29 29 As used in this section, "service projects" includes 29 30 interpretation services for persons who are deaf and hard-of- 29 31 hearing, referral and counseling services for deaf and hard- 29 32 of-hearing persons in the areas of adult education, legal aid, 29 33 employment, medical, finance, housing, recreation, and other 29 34 personal assistance and social programs. 29 35 "Service providers" are persons who, for compensation or on 30 1 a volunteer basis, carry out service projects. 30 2 4. Identify agencies, both public and private, which 30 3 provide community services, evaluate the extent to which they 30 4 make services available to deaf and hard-of-hearing persons, 30 5 and cooperate with the agencies in coordinating and extending 30 6 these services. 30 7 5. Collect information concerning deafness or hearing loss 30 8 and provide for the dissemination of the information. 30 9 6. Provide for the mutual exchange of ideas and 30 10 information on services for deaf and hard-of-hearing persons 30 11 between federal, state, and local governmental agencies and 30 12 private organizations and individuals. 30 13 7. Be responsible for budgeting and personnel decisions 30 14 for the commission and division. 30 15 Sec. 67. NEW SECTION. 216.61 POWERS. 30 16 The commission shall have all powers necessary to carry out 30 17 the functions and duties specified in this subchapter, 30 18 including, but not limited to the power to establish advisory 30 19 committees on special studies, to solicit and accept gifts and 30 20 grants, to adopt rules according to chapter 17A for the 30 21 commission and division, and to contract with public and 30 22 private groups to conduct its business. All departments, 30 23 divisions, agencies, and offices of the state shall make 30 24 available upon request of the commission information which is 30 25 pertinent to the subject matter of the study and which is not 30 26 by law confidential. 30 27 Sec. 68. NEW SECTION. 216.62 REPORT. 30 28 The commission shall make a detailed report of its 30 29 activities, studies, conclusions, and recommendations to the 30 30 general assembly not later than February 15 of each odd- 30 31 numbered year. 30 32 Sec. 69. NEW SECTION. 216.63 INTERPRETATION SERVICES 30 33 ACCOUNT. 30 34 All fees collected by the division for provision of 30 35 interpretation service by the division to obligated agencies 31 1 shall be deposited in a separate account within the general 31 2 operating fund of the division and shall be dedicated to and 31 3 used by the division for the provision of continued and 31 4 expanded interpretation services. The commission shall adopt 31 5 rules which establish a fee schedule for the costs of 31 6 provision of interpretation services, for collection of the 31 7 fees, and for disposition of moneys received under this 31 8 section. Notwithstanding section 8.33, any balance in the 31 9 separate account at the end of any fiscal year, shall be 31 10 retained in the account. 31 11 Sec. 70. Section 216A.5, Code 1995, is amended to read as 31 12 follows: 31 13 216A.5 REPEAL. 31 14 This chapter is repealed effective July 1,19971996. 31 15 Sec. 71. Section 217.9A, subsection 2, paragraph a, 31 16 subparagraph (4), Code 1995, is amended to read as follows: 31 17 (4)The director of the department of human rightsA 31 18 commissioner of the Iowa state civil rights commission, 31 19 appointed by the commission. 31 20 Sec. 72. Section 217.11, subsection 3, Code 1995, is 31 21 amended to read as follows: 31 22 3. The administratorofwith responsibility for the 31 23 division of community action agenciesinunder the department 31 24 ofhuman rightseconomic development or the administrator's 31 25 designee. 31 26 Sec. 73. Section 217.11, unnumbered paragraph 2, Code 31 27 1995, is amended to read as follows: 31 28 The department of human services shall contract with the 31 29 department ofhumancivil rights to staff and administer 31 30 grants provided under section 217.12. 31 31 Sec. 74. Section 225B.4, subsection 1, paragraph g, Code 31 32 1993, is amended to read as follows: 31 33 g. Thedirectoradministrator of thedepartmentdivision 31 34 ofhuman rightspersons with disabilities, or thedirector's31 35 administrator's designee. 32 1 Sec. 75. Section 225C.23, Code 1995, is amended to read as 32 2 follows: 32 3 225C.23 BRAIN INJURY RECOGNIZED AS DISABILITY. 32 4 The department of human services, the Iowa department of 32 5 public health, the department of education and its divisions 32 6 of special education and vocational rehabilitation services, 32 7 the department ofhumancivil rights and its division for 32 8 persons with disabilities, the department for the blind, and 32 9 all other state agencies which serve persons with brain 32 10 injuries, shall recognize brain injury as a distinct 32 11 disability and shall identify those persons with brain 32 12 injuries among the persons served by the state agency. For 32 13 the purposes of this section and section 135.22A, "brain 32 14 injury" means clinically evident brain damage or spinal cord 32 15 injury resulting directly or indirectly from trauma, 32 16 infection, anoxia, or vascular lesions not primarily related 32 17 to degenerative or aging processes, which temporarily or 32 18 permanently impairs a person's physical or cognitive 32 19 functions. 32 20 Sec. 76. Section 232.190, subsection 1, Code 1995, is 32 21 amended to read as follows: 32 22 1. A community grant fund is established in the state 32 23 treasury under the control of the division of criminal and 32 24 juvenile justice planning of the department ofhuman rights32 25 corrections for the purposes of awarding grants under this 32 26 section. The criminal and juvenile justice planning advisory 32 27 council and the juvenile justice advisory council shall assist 32 28 the division in administering grants awarded under this 32 29 section. The department of human services shall advise the 32 30 division on programs which meet the criteria established for 32 31 grant recipients. Not more than one percent of the moneys 32 32 appropriated to the fund shall be used for administrative 32 33 purposes. 32 34 Sec. 77. Section 235C.2, subsection 3, Code 1995, is 32 35 amended to read as follows: 33 1 3. Thedepartment coordinatordirector of the department 33 2 ofhumancivil rights or thecoordinator'sdirector's designee 33 3 as a nonvoting ex officio member. 33 4 Sec. 78. Section 237.3, subsection 8, Code 1995, is 33 5 amended to read as follows: 33 6 8. The department, in consultation with the judicial 33 7 department, the division of criminal and juvenile justice 33 8 planning of the department ofhuman rightscorrections, 33 9 residential treatment providers, the foster care provider 33 10 association, and other parties which may be affected, shall 33 11 review the licensing rules pertaining to residential treatment 33 12 facilities, and examine whether the rules allow the facilities 33 13 to accept and provide effective treatment to juveniles with 33 14 serious problems who might not otherwise be placed in those 33 15 facilities. 33 16 Sec. 79. Section 239.22, Code 1995, is amended to read as 33 17 follows: 33 18 239.22 MENTORING. 33 19 A statewide mentoring program is established to recruit, 33 20 screen, train, and match former recipients and other 33 21 volunteers with current recipients in a mentoring 33 22 relationship. Thecommissiondivision on the status of women 33 23 of the department ofhumancivil rights shall implement the 33 24 program in collaboration with the departments of human 33 25 services, economic development, employment services, and 33 26 education. The availability of the program is subject to the 33 27 funding appropriated for the purposes of the program. 33 28 Sec. 80. Section 241.3, subsection 2, Code 1995, is 33 29 amended to read as follows: 33 30 2. The department shall consult and co-operate with the 33 31 division of job service of the department of employment 33 32 services, the United States commissioner of social security 33 33 administration, the division of the status of women of the 33 34 department ofhumancivil rights, the representative of the 33 35 administrative agency administering the job training 34 1 partnership Act, the department of education and other persons 34 2 in the executive branch of the state government as the 34 3 department considers appropriate to facilitate the co- 34 4 ordination of multipurpose service programs established under 34 5 this chapter with existing programs of a similar nature. 34 6 Sec. 81. Section 256.41, subsection 5, Code 1995, is 34 7 amended to read as follows: 34 8 5. The administrator of the division of criminal and 34 9 juvenile justice planninginof the department ofhuman rights34 10 corrections, or the administrator's designee. 34 11 Sec. 82. Section 260C.14, subsection 20, Code 1995, is 34 12 amended to read as follows: 34 13 20. File a copy of the annual report required by the 34 14 federal Student Right-To-Know and Campus Security Act, Pub. L. 34 15 No. 101-542, with the division of criminal and juvenile 34 16 justice planning of the department ofhuman rights34 17 corrections, along with a copy of the written policy developed 34 18 pursuant to subsection 19. 34 19 Sec. 83. Section 261.9, subsection 1, paragraph h, Code 34 20 1995, is amended to read as follows: 34 21 h. Which files a copy of the annual report required by the 34 22 federal Student Right-To-Know and Campus Security Act, Pub. L. 34 23 No. 101-542, with the division of criminal and juvenile 34 24 justice planning of the department ofhuman rights34 25 corrections, along with a copy of the written policy developed 34 26 pursuant to paragraph "g". 34 27 Sec. 84. Section 262.9, subsection 28, Code 1995, is 34 28 amended to read as follows: 34 29 28. File a copy of the annual report required by the 34 30 federal Student Right-To-Know and Campus Security Act, Pub. L. 34 31 No. 101-542, with the division of criminal and juvenile 34 32 justice planning of the department ofhuman rights34 33 corrections, along with a copy of the written policy developed 34 34 pursuant to subsection 27. 34 35 Sec. 85. Section 279.51, subsection 3, unnumbered 35 1 paragraphs 1 and 2, Code 1995, are amended to read as follows: 35 2 A school-based youth services education program is 35 3 established. The department of education, in consultation 35 4 with the department of human services, the department of 35 5 employment services, the Iowa department of public health, the 35 6 division of criminal and juvenile justice planning of the 35 7 department ofhuman rightscorrections, institutions of higher 35 8 learning with applicable programs, and the division of job 35 9 training and entrepreneurship assistance of the department of 35 10 economic development, shall develop a four-year demonstration 35 11 grant program that commences in the fiscal year beginning July 35 12 1, 1994. The department shall provide grants to individual or 35 13 consortiums of elementary, middle, or high schools to 35 14 establish school-based youth services programs, in conjunction 35 15 with local agencies and community organizations, based upon 35 16 program plans filed by the board of directors of the school 35 17 district. The department shall provide grants to establish 35 18 model programs in at least the following three size 35 19 categories: 35 20 Priority shall be weighted toward need and given to schools 35 21 whose plans indicate a high degree of active participation by 35 22 community-based youth organizations and agencies, and to 35 23 schools with student populations characterized by high rates 35 24 of a number of the following: school dropout and absenteeism; 35 25 teenage pregnancy; juvenile court involvement; family 35 26 conflict; unemployment; teenage suicide; and child and youth 35 27 mental health, substance abuse, and other health problems. 35 28 The department shall coordinate an evaluation initiative with 35 29 the approved projects designed to investigate program 35 30 effectiveness in reducing these rates within communities. In 35 31 developing the evaluation initiative, the department shall 35 32 consult with the department of human services, the department 35 33 of employment services, the Iowa department of public health, 35 34 the division of criminal and juvenile justice planning of the 35 35 department ofhuman rightscorrections, institutions of higher 36 1 learning with applicable programs, and the division of job 36 2 training and entrepreneurship assistance of the department of 36 3 economic development. 36 4 Sec. 86. Section 473.11, subsection 3, unnumbered 36 5 paragraph 1, Code 1995, is amended to read as follows: 36 6 An energy fund disbursement council is established. The 36 7 council shall be composed of the governor or the governor's 36 8 designee, the director of the department of management, who 36 9 shall serve as the council's chairperson, the administratorof36 10 with responsibility for the division of community action 36 11 agenciesofunder the department ofhuman rightseconomic 36 12 development, the administrator of the energy and geological 36 13 resources division of the department of natural resources, and 36 14 a designee of the director of transportation, who is 36 15 knowledgeable in the field of energy conservation. The 36 16 council shall include as nonvoting members two members of the 36 17 senate appointed by the president of the senate, after 36 18 consultation with the majority leader and the minority leader 36 19 of the senate, and two members of the house of representatives 36 20 appointed by the speaker of the house, after consultation with 36 21 the majority leader and the minority leader of the house. The 36 22 legislative members shall be appointed upon the convening and 36 23 for the period of each general assembly. Not more than one 36 24 member from each house shall be of the same political party. 36 25 The council shall be staffed by the energy and geological 36 26 resources division of the department of natural resources. 36 27 The attorney general shall provide legal assistance to the 36 28 council. 36 29 Sec. 87. Section 476.20, subsection 2, Code 1995, is 36 30 amended to read as follows: 36 31 2. The board shall establish rules requiring a regulated 36 32 public utility furnishing gas or electricity to include in the 36 33 utility's notice of pending disconnection of service a written 36 34 statement advising the customer that the customer may be 36 35 eligible to participate in the low income home energy 37 1 assistance program or weatherization assistance program 37 2 administered by the divisionofwith responsibility for 37 3 community action agenciesofunder the department ofhuman37 4rightseconomic development. The written statement shall list 37 5 the address and telephone number of the local agency which is 37 6 administering the customer's low income home energy assistance 37 7 program and the weatherization assistance program. The 37 8 written statement shall also state that the customer is 37 9 advised to contact the public utility to settle any of the 37 10 customer's complaints with the public utility, but if a 37 11 complaint is not settled to the customer's satisfaction, the 37 12 customer may file the complaint with the board. The written 37 13 statement shall include the address and phone number of the 37 14 board. If the notice of pending disconnection of service 37 15 applies to a residence, the written statement shall advise 37 16 that the disconnection does not apply from November 1 through 37 17 April 1 for a resident who is a "head of household", as 37 18 defined by law, and who has been certified to the public 37 19 utility by the local agency which is administering the low 37 20 income home energy assistance program and weatherization 37 21 assistance program as being eligible for either the low income 37 22 home energy assistance program or weatherization assistance 37 23 program, and that if such a resident resides within the 37 24 serviced residence, the customer should promptly have the 37 25 qualifying resident notify the local agency which is 37 26 administering the low income home energy assistance program 37 27 and weatherization assistance program. The board shall 37 28 establish rules requiring that the written notice contain 37 29 additional information as it deems necessary and appropriate. 37 30 Sec. 88. Section 476.51, unnumbered paragraph 5, Code 37 31 1993, is amended to read as follows: 37 32 Civil penalties collected pursuant to this section shall be 37 33 forwarded by the executive secretary of the board to the 37 34 treasurer of state to be credited to the general fund of the 37 35 state and to be used only for the low income home energy 38 1 assistance program and the weatherization assistance program 38 2 administered by the divisionofwith responsibility for 38 3 community action agenciesofunder the department ofhuman38 4rightseconomic development. Penalties paid by a rate- 38 5 regulated public utility pursuant to this section shall be 38 6 excluded from the utility's costs when determining the 38 7 utility's revenue requirement, and shall not be included 38 8 either directly or indirectly in the utility's rates or 38 9 charges to customers. 38 10 Sec. 89. Section 476.66, subsection 6, Code 1995, is 38 11 amended to read as follows: 38 12 6. The rules established by the utilities board shall 38 13 require an annual report to be filed for each fund. The 38 14 utilities board shall compile an annual statewide report of 38 15 the fund results. The divisionofwith responsibility for 38 16 community action agencies of the department ofhuman rights38 17 economic development shall prepare an annual report of the 38 18 unmet need for energy assistance and weatherization. Both 38 19 reports shall be submitted to the appropriations committees of 38 20 the general assembly on the first day of the following 38 21 session. 38 22 Sec. 90. Section 477C.5, subsection 2, paragraph c, Code 38 23 1995, is amended to read as follows: 38 24 c. One representative from the division of deaf services 38 25 of the department ofhumancivil rights. 38 26 Sec. 91. Section 622A.7, Code 1995, is amended to read as 38 27 follows: 38 28 622A.7 RULES. 38 29 The supreme court, after consultation with the commission 38 30 of Latino affairs of the department ofhumancivil rights and 38 31 other appropriate departments, shall adopt rules governing the 38 32 qualifications and compensation of interpreters appearing in 38 33 proceedings before a court or grand jury under this chapter. 38 34 However, an administrative agency which is subject to chapter 38 35 17A may adopt rules differing from those of the supreme court 39 1 governing the qualifications and compensation of interpreters 39 2 appearing in proceedings before that agency. 39 3 Sec. 92. Section 622B.1, subsection 2, Code Supplement 39 4 1995, is amended to read as follows: 39 5 2. The supreme court, after consultation with the division 39 6 of deaf services of the department ofhumancivil rights, 39 7 shall adopt rules governing the qualifications and 39 8 compensation of interpreters appearing in a proceeding before 39 9 a court, grand jury, or administrative agency under this 39 10 chapter. However, an administrative agency which is subject 39 11 to chapter 17A may adopt rules differing from those of the 39 12 supreme court governing the qualifications and compensation of 39 13 interpreters appearing in proceedings before that agency. 39 14 Sec. 93. Section 622B.4, Code 1995, is amended to read as 39 15 follows: 39 16 622B.4 LIST. 39 17 The division of deaf services of the department ofhuman39 18 civil rights shall prepare and continually update a listing of 39 19 qualified and available interpreters. The courts and 39 20 administrative agencies shall maintain a directory of 39 21 qualified interpreters for deaf and hard-of-hearing persons as 39 22 furnished by thedepartmentdivision ofhuman rightsdeaf 39 23 services. The division of deaf services shall maintain 39 24 information on the qualifications of interpreters, which 39 25 information is confidential except to a court, administrative 39 26 agency, or interested parties to an action using the services 39 27 of an interpreter. 39 28 Sec. 94. Section 692.15, subsection 1, Code 1995, is 39 29 amended to read as follows: 39 30 1. If it comes to the attention of a sheriff, police 39 31 department, or other law enforcement agency that a public 39 32 offense has been committed in its jurisdiction, the law 39 33 enforcement agency shall report information concerning such a 39 34 public offense to the department on a form to be furnished by 39 35 the department not more than thirty-five days from the time 40 1 the public offense first comes to the attention of the law 40 2 enforcement agency. The reports shall be used to generate 40 3 crime statistics. The department shall submit statistics to 40 4 the governor, the general assembly, and the division of 40 5 criminal and juvenile justice planning of the department of 40 6human rightscorrections on a quarterly and yearly basis. 40 7 Sec. 95. Section 709C.4, Code 1995, is amended to read as 40 8 follows: 40 9 709C.4 JUDICIAL DETERMINATION &endash; TRANSFER FOR EVALUATION. 40 10 Upon the filing of a petition under section 709C.3, if the 40 11 court determines that probable cause exists to believe that 40 12 the person named in the petition is a sexually violent 40 13 predator the court shall transfer a person to an appropriate 40 14 facility for evaluation as to whether the person is a sexually 40 15 violent predator. The evaluation shall be conducted by a 40 16 person deemed to be professionally qualified to conduct the 40 17 examination pursuant to rules adopted by the department of 40 18 corrections in consultation with the department of human 40 19 services and the criminal and juvenile justice planning 40 20 division of the department ofhuman rightscorrections. 40 21 Sec. 96. Section 804.31, unnumbered paragraph 1, Code 40 22 1995, is amended to read as follows: 40 23 When a person is detained for questioning or arrested for 40 24 an alleged violation of a law or ordinance and there is reason 40 25 to believe that the person is deaf or hard-of-hearing, the 40 26 peace officer making the arrest or taking the person into 40 27 custody or any other officer detaining the person shall 40 28 determine if the person is a deaf or hard-of-hearing person as 40 29 defined in section 622B.1. If the officer so determines, the 40 30 officer, at the earliest possible time and prior to commencing 40 31 any custodial interrogation of the person, shall procure a 40 32 qualified interpreter in accordance with section 622B.2 and 40 33 the rules adopted by the supreme court under section 622B.1 40 34 unless the deaf or hard-of-hearing person knowingly, 40 35 voluntarily, and intelligently waives the right to an 41 1 interpreter in writing by executing a form prescribed by the 41 2 division of deaf services of the department ofhumancivil 41 3 rights and the Iowa county attorneys association. The 41 4 interpreter shall interpret the officer's warnings of 41 5 constitutional rights and protections and all other warnings, 41 6 statements, and questions spoken or written by any officer, 41 7 attorney, or other person present and all statements and 41 8 questions communicated in sign language by the deaf or hard- 41 9 of-hearing person. 41 10 Sec. 97. NEW SECTION. 904.911 DEFINITIONS. 41 11 For the purpose of this subchapter, unless the context 41 12 otherwise requires: 41 13 1. "Administrator" means the administrator of the division 41 14 of criminal and juvenile justice planning. 41 15 2. "Council" means the criminal and juvenile justice 41 16 planning advisory council. 41 17 3. "Division" means the division of criminal and juvenile 41 18 justice planning. 41 19 Sec. 98. NEW SECTION. 904.912 COUNCIL ESTABLISHED &endash; 41 20 TERMS &endash; COMPENSATION. 41 21 A criminal and juvenile justice planning advisory council 41 22 is established within the department of corrections consisting 41 23 of twenty-two members. The governor shall appoint seven 41 24 members each for a four-year term beginning and ending as 41 25 provided in section 69.19, in compliance with sections 69.16 41 26 and 69.16A, and subject to confirmation by the senate as 41 27 follows: 41 28 1. Three persons, each of whom is a county supervisor, 41 29 county sheriff, mayor, city chief of police, or county 41 30 attorney. 41 31 2. Two persons who represent the general public and are 41 32 not employed in any law enforcement, judicial, or corrections 41 33 capacity. 41 34 3. Two persons who are knowledgeable about Iowa's juvenile 41 35 justice system. 42 1 The department of corrections, the department of human 42 2 services, the department of public safety, the division on the 42 3 status of African-Americans of the department of civil rights, 42 4 the division of substance abuse of the Iowa department of 42 5 public health, the chairperson of the board of parole, the 42 6 attorney general, the state public defender, and the chief 42 7 justice of the supreme court shall each designate a person to 42 8 serve on the council. 42 9 The chief justice of the supreme court shall appoint two 42 10 additional members currently serving as district judges. Two 42 11 members of the senate and two members of the house of 42 12 representatives shall be ex officio members and shall be 42 13 appointed by the majority and minority leaders of the senate 42 14 and the speaker and minority leader of the house of 42 15 representatives pursuant to section 69.16. Members appointed 42 16 pursuant to this paragraph shall serve for four-year terms 42 17 beginning and ending as provided in section 69.19 unless the 42 18 member ceases to serve as a district court judge or as a 42 19 member of the senate or of the house of representatives. 42 20 Members of the council shall receive reimbursement from the 42 21 state for actual and necessary expenses incurred in the 42 22 performance of their official duties. Members may also be 42 23 eligible to receive compensation as provided in section 7E.6. 42 24 Sec. 99. NEW SECTION. 904.913 DUTIES. 42 25 The council shall do all of the following: 42 26 1. Identify issues and analyze the operation and impact of 42 27 present criminal and juvenile justice policy and make 42 28 recommendations for policy changes, including recommendations 42 29 pertaining to efforts to curtail criminal gang activity. 42 30 2. Coordinate with data resource agencies to provide data 42 31 and analytical information to federal, state, and local 42 32 governments, and assist agencies in the use of criminal and 42 33 juvenile justice data. 42 34 3. Report criminal and juvenile justice system needs to 42 35 the governor, the general assembly, and other decision makers 43 1 to improve the criminal and juvenile justice system. 43 2 4. Provide technical assistance upon request to state and 43 3 local agencies. 43 4 5. Administer federal funds and funds appropriated by the 43 5 state or that are otherwise available for study, research, 43 6 investigation, planning, and implementation in the areas of 43 7 criminal and juvenile justice. 43 8 6. Make grants to cities, counties, and other entities 43 9 pursuant to applicable law. 43 10 7. Maintain an Iowa correctional policy project as 43 11 provided in section 904.917. 43 12 Sec. 100. NEW SECTION. 904.914 ADMINISTRATOR. 43 13 The administrator shall be responsible to the council, and 43 14 with the approval of the council, shall employ and supervise 43 15 other persons necessary to carry out the programs and policies 43 16 established by the council. 43 17 The governor shall appoint the administrator of the 43 18 division, subject to confirmation by the senate. The 43 19 administrator shall serve at the pleasure of the governor and 43 20 is exempt from the merit system provisions of chapter 19A. 43 21 The governor shall set the salary of the administrator within 43 22 the range set by the general assembly. 43 23 Sec. 101. NEW SECTION. 904.915 PLAN AND REPORT. 43 24 The division shall continue to implement the plan existing 43 25 in 1995, and beginning in 1999, and every five years 43 26 thereafter, the division shall develop a twenty-year criminal 43 27 and juvenile justice plan for the state which shall include 43 28 ten-year, fifteen-year, and twenty-year goals and a 43 29 comprehensive five-year plan for criminal and juvenile justice 43 30 programs. The five-year plan shall be updated annually and 43 31 each twenty-year plan and annual updates of the five-year plan 43 32 shall be submitted to the governor and the general assembly by 43 33 February 1. 43 34 The division shall include in the plans, updates, and 43 35 reports required by this section an identification and 44 1 evaluation of existing juvenile treatment programs based upon 44 2 quantifiable goals established by the division, utilizing its 44 3 existing computer capacity and access. 44 4 Sec. 102. NEW SECTION. 904.916 STATISTICAL ANALYSIS 44 5 CENTER. 44 6 The division shall maintain an Iowa statistical analysis 44 7 center for the purpose of coordinating with data resource 44 8 agencies to provide data and analytical information to 44 9 federal, state, and local governments, and assist agencies in 44 10 the use of criminal and juvenile justice data. The division 44 11 of criminal and juvenile justice planning and the statistical 44 12 analysis center are considered criminal justice agencies for 44 13 the purposes of receiving criminal history data. 44 14 Sec. 103. NEW SECTION. 904.917 CORRECTIONAL POLICY 44 15 PROJECT. 44 16 The division shall maintain an Iowa correctional policy 44 17 project for the purpose of conducting analyses of major 44 18 correctional issues affecting the criminal and juvenile 44 19 justice system. The council shall identify and prioritize the 44 20 issues and studies to be addressed by the division through 44 21 this project and shall report project plans and findings 44 22 annually along with the report required in section 904.915. 44 23 Issues and studies to be considered by the council shall 44 24 include, but are not limited to a review of the information 44 25 systems available to assess corrections trends and program 44 26 effectiveness, the development of an evaluation plan for 44 27 assessing the impact of corrections expenditures, a study of 44 28 the desirability and feasibility of changing the state's 44 29 sentencing practices, a public opinion survey to assess the 44 30 public's view of possible changes in current corrections 44 31 practices, and the development of parole guidelines. 44 32 The division may form subcommittees for the purpose of 44 33 addressing major correctional issues affecting the criminal 44 34 and juvenile justice system. The division shall establish a 44 35 subcommittee to address issues specifically affecting the 45 1 juvenile justice system. 45 2 Sec. 104. NEW SECTION. 904.918 MULTIAGENCY DATA BASE 45 3 CONCERNING JUVENILES. 45 4 1. The division shall coordinate the development of a 45 5 multiagency data base to track the progress of juveniles 45 6 through various state and local agencies and programs. The 45 7 division shall develop a plan which utilizes existing data 45 8 bases, including the Iowa court information system, the 45 9 federally mandated national adoption and foster care 45 10 information system, and the other state and local data bases 45 11 pertaining to juveniles, to the extent possible. 45 12 2. The department of human services, department of 45 13 corrections, judicial department, department of public safety, 45 14 department of education, local school districts, and other 45 15 state agencies and political subdivisions shall cooperate with 45 16 the division in the development of the plan. 45 17 3. The data base shall be designed to track the progress 45 18 of juveniles in various programs, evaluate the experiences of 45 19 juveniles, and evaluate the success of the services provided. 45 20 4. The division shall develop the plan within the context 45 21 of existing federal privacy and confidentiality requirements. 45 22 The plan shall build upon existing resources and facilities to 45 23 the extent possible. 45 24 5. The plan shall include proposed guidelines for the 45 25 sharing of information by case management teams, consisting of 45 26 designated representatives of various state and local agencies 45 27 and political subdivisions to coordinate the delivery of 45 28 services to juveniles under the jurisdiction of the juvenile 45 29 court. The guidelines shall be developed to structure and 45 30 improve the information-sharing procedures of case management 45 31 teams established pursuant to any applicable state or federal 45 32 law or approved by the juvenile court with respect to a 45 33 juvenile who is the recipient of the case management team 45 34 services. The plan shall also contain proposals for changes 45 35 in state laws or rules to facilitate the exchange of 46 1 information among members of case management teams. 46 2 6. If the division has insufficient funds and resources to 46 3 implement this section, the division shall determine what, if 46 4 any, portion of this section may be implemented, and the 46 5 remainder of this section shall not apply. 46 6 7. The division shall submit a report on the plan required 46 7 by this section to the general assembly, annually, on or 46 8 before January 15. 46 9 Sec. 105. ELIMINATION OF THE DEPARTMENT OF HUMAN RIGHTS &endash; 46 10 TRANSFER OF DIVISIONS. 46 11 1. Effective July 1, 1996, the divisions of the department 46 12 of human rights are transferred to the indicated entity of 46 13 state government as follows: 46 14 a. To the department of civil rights: 46 15 (1) Division of Latino affairs. 46 16 (2) Division on the status of women. 46 17 (3) Division of persons with disabilities. 46 18 (4) Division on the status of African-Americans. 46 19 (5) Division of deaf services. 46 20 b. To the department of economic development: division of 46 21 community action agencies. 46 22 c. To the department of corrections: division of criminal 46 23 and juvenile justice planning. 46 24 2. It is the intent of the general assembly that the 46 25 departments to which the divisions are transferred under this 46 26 Act include the new divisions in their budgetary requests 46 27 submitted for the fiscal year beginning July 1, 1996, and each 46 28 fiscal year thereafter. 46 29 Sec. 106. CODE EDITOR AUTHORIZATION. The Code editor 46 30 shall correct internal references and the names of the 46 31 divisions, officers, or other entities throughout the Code to 46 32 conform to the changes made in this Act. 46 33 Sec. 107. EFFECTIVE DATES. 46 34 1. Sections 1 through 69, 71 through 104, and 106 of this 46 35 Act take effect July 1, 1996. 47 1 2. Sections 70 and 105 of this Act, being deemed of 47 2 immediate importance, take effect upon enactment. 47 3 EXPLANATION 47 4 This bill accelerates the abolishment of the department of 47 5 human rights, which is currently to be abolished on July 1, 47 6 1997, by providing for abolishment of the department on July 47 7 1, 1996. 47 8 The bill also transfers the divisions within the department 47 9 of human rights to other entities of state government as 47 10 follows: the divisions of Latino affairs, status of women, 47 11 persons with disabilities, status of African-Americans, and 47 12 deaf services are transferred to the department of civil 47 13 rights; the division of community action agencies is 47 14 transferred to the department of economic development; the 47 15 division of criminal and juvenile justice planning is 47 16 transferred to the department of corrections. 47 17 Legislative intent requires the entities to which the 47 18 divisions are transferred to provide for these divisions in 47 19 their annual budgets, beginning with the fiscal year which 47 20 begins July 1, 1996, and thereafter. 47 21 The bill also instructs the Code editor to make conforming 47 22 changes throughout the Code to reflect the changes made in the 47 23 bill in references to the divisions, officers, and other 47 24 entities. 47 25 The bill also provides effective dates. 47 26 LSB 1967HC 76 47 27 pf/cf/24
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