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PAG LIN
1 1 HOUSE FILE 2565
1 2
1 3 AN ACT
1 4 RELATING TO TOBACCO USE PREVENTION AND CONTROL AND PROVIDING
1 5 AN EFFECTIVE DATE.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. NEW SECTION. 142A.1 TOBACCO USE PREVENTION
1 10 AND CONTROL PARTNERSHIP – PURPOSE AND INTENT.
1 11 1. The purpose of this chapter is to establish a
1 12 comprehensive partnership among the general assembly, the
1 13 executive branch, communities, and the people of Iowa in
1 14 addressing the prevalence of tobacco use in the state.
1 15 2. It is the intent of the general assembly that the
1 16 comprehensive tobacco use prevention and control initiative
1 17 established in this chapter will specifically address
1 18 reduction of tobacco use by youth and pregnant women,
1 19 promotion of compliance by minors and retailers with tobacco
1 20 sales laws and ordinances, and enhancement of the capacity of
1 21 youth to make healthy choices. The initiative shall allow
1 22 extensive involvement of youth in attaining these results.
1 23 3. It is also the intent of the general assembly that the
1 24 comprehensive tobacco use prevention and control initiative
1 25 will foster a social and legal climate in which tobacco use
1 26 becomes undesirable and unacceptable, in which role models and
1 27 those who influence youth promote healthy social norms and
1 28 demonstrate behavior that counteracts the glamorization of
1 29 tobacco use, and in which tobacco becomes less accessible to
1 30 youth. The intent of the general assembly shall be
1 31 accomplished by engaging all who are affected by the use of
1 32 tobacco in the state, including smokers and nonsmokers, youth,
1 33 and adults.
1 34 Sec. 2. NEW SECTION. 142A.2 DEFINITIONS.
1 35 As used in this chapter, unless the context otherwise
2 1 requires:
2 2 1. "Administrator" means the administrator of the division
2 3 of tobacco use prevention and control.
2 4 2. "Commission" means the commission on tobacco use
2 5 prevention and control established in this chapter.
2 6 3. "Community partnership" means a public agency or
2 7 nonprofit organization implementing the tobacco use prevention
2 8 and control initiative in a local area in accordance with this
2 9 chapter.
2 10 4. "Department" means the Iowa department of public
2 11 health.
2 12 5. "Director" means the director of public health.
2 13 6. "Division" means the division of tobacco use prevention
2 14 and control of the Iowa department of public health,
2 15 established pursuant to this chapter.
2 16 7. "Initiative" means the comprehensive tobacco use
2 17 prevention and control initiative established in this chapter.
2 18 8. "Manufacturer" means manufacturer as defined in section
2 19 453A.1.
2 20 9. "Pregnant woman" means a female of any age who is
2 21 pregnant.
2 22 10. "Retailer" means retailer as defined in section
2 23 453A.1.
2 24 11. "School-age youth" means a person attending school in
2 25 kindergarten through grade twelve.
2 26 12. "Tobacco" means both cigarettes and tobacco products
2 27 as defined in section 453A.1.
2 28 13. "Youth" means a person who is five through twenty-four
2 29 years of age.
2 30 Sec. 3. NEW SECTION. 142A.3 TOBACCO USE PREVENTION AND
2 31 CONTROL – DIVISION – COMMISSION – CREATED.
2 32 1. The department shall establish, as a separate and
2 33 distinct division within the department, a division of tobacco
2 34 use prevention and control. The division shall develop,
2 35 implement, and administer the initiative established in this
3 1 chapter and shall perform other duties as directed by this
3 2 chapter or as assigned by the director of public health.
3 3 2. A commission on tobacco use prevention and control is
3 4 established to develop policy, provide direction for the
3 5 initiative, and perform all other duties as directed by this
3 6 chapter or referred to the commission by the director of
3 7 public health.
3 8 3. The commission shall consist of the following voting
3 9 members who shall serve three-year, staggered terms:
3 10 a. Three members who are active with nonprofit health
3 11 organizations that emphasize tobacco use prevention or who are
3 12 active as health services providers, at the local level.
3 13 b. One member who is a retailer.
3 14 c. Three members who are active with health promotion
3 15 activities at the local level in youth education, law
3 16 enforcement, nonprofit services, or other activities relating
3 17 to tobacco use prevention and control.
3 18 The members appointed under this subsection shall be
3 19 appointed by the governor, subject to confirmation by the
3 20 senate, pursuant to sections 2.32 and 69.19. At least one
3 21 member appointed under this subsection shall be a member of a
3 22 racial minority.
3 23 4. In addition to the members described in subsection 3,
3 24 the membership of the commission shall include three voting
3 25 members who are selected by the participants in the annual
3 26 statewide youth summit of the initiative's youth program. The
3 27 youth membership appointments are not subject to section 69.16
3 28 or 69.16A. However, the selection process shall provide for
3 29 diversity among the members and at least one of the youth
3 30 members shall be a female. These members shall also serve
3 31 three-year staggered terms.
3 32 5. The commission shall also include the following ex
3 33 officio, nonvoting members:
3 34 a. Four members of the general assembly, with not more
3 35 than one member from each chamber being from the same
4 1 political party. The majority leader of the senate and the
4 2 minority leader of the senate shall each appoint one of the
4 3 senate members. The majority leader of the house and the
4 4 minority leader of the house of representatives shall each
4 5 appoint one of the house members.
4 6 b. The presiding officer of the statewide youth executive
4 7 body, selected by the delegates to the statewide youth summit.
4 8 6. In addition to the members of the council, the
4 9 following agencies, organizations, and persons shall each
4 10 assign a single liaison to the commission to provide
4 11 assistance to the commission in the discharge of the
4 12 commission's duties:
4 13 a. The department of education.
4 14 b. The drug policy coordinator.
4 15 c. The department of justice, office of the attorney
4 16 general.
4 17 d. The department of human services.
4 18 e. The alcoholic beverages division of the department of
4 19 commerce.
4 20 7. Citizen members shall be reimbursed for actual and
4 21 necessary expenses incurred in performance of their duties.
4 22 Citizen members shall be paid a per diem as specified in
4 23 section 7E.6. Legislative members are eligible for per diem
4 24 and expenses as provided in section 2.10.
4 25 8. A member of the commission who is convicted of a crime
4 26 relating to tobacco, alcohol, or controlled substances is
4 27 subject to removal from the commission.
4 28 9. The commission may designate an advisory council. The
4 29 commission shall determine the membership and representation
4 30 of the advisory council and members of the council shall serve
4 31 at the pleasure of the commission. The advisory council may
4 32 include representatives of health care provider groups, parent
4 33 groups, antitobacco advocacy programs and organizations,
4 34 tobacco retailers, research and evaluation experts, and youth
4 35 organizers.
5 1 10. A vacancy on the commission other than for the youth
5 2 members shall be filled in the same manner as the original
5 3 appointment for the balance of the unexpired term. A youth
5 4 member vacancy shall be filled by the presiding officer of the
5 5 statewide executive body as selected by the delegates to the
5 6 statewide youth summit. The commission shall elect a
5 7 chairperson from among its voting members and may select other
5 8 officers from among its voting members, as determined
5 9 necessary by the commission. The commission shall meet
5 10 regularly as determined by the commission, upon the call of
5 11 the chairperson, or upon the call of a majority of the voting
5 12 members.
5 13 Sec. 4. NEW SECTION. 142A.4 COMMISSION DUTIES.
5 14 The commission shall do all of the following:
5 15 1. Develop and implement the comprehensive tobacco use
5 16 prevention and control initiative as provided in this chapter.
5 17 2. Provide a forum for the discussion, development, and
5 18 recommendation of public policy alternatives in the field of
5 19 tobacco use prevention and control.
5 20 3. Develop an educational component of the initiative.
5 21 Educational efforts provided through the school system shall
5 22 be developed in conjunction with the department of education.
5 23 4. Develop a plan for implementation of the initiative in
5 24 accordance with the purpose and intent specified in section
5 25 142A.1.
5 26 5. Provide for technical assistance, training, and other
5 27 support under the initiative.
5 28 6. Take actions to develop and implement a statewide
5 29 system for the initiative programs that are delivered through
5 30 community partnerships.
5 31 7. Manage and coordinate the provision of funding and
5 32 other moneys available to the initiative by combining all or
5 33 portions of appropriations or other revenues as authorized by
5 34 law.
5 35 8. Assist with the linkage of the initiative with child
6 1 welfare and juvenile justice decategorization projects,
6 2 education programming, community empowerment areas, and other
6 3 programs and services directed to youth at the state and
6 4 community level.
6 5 9. Coordinate and respond to any requests from a community
6 6 partnership relating to any of the following:
6 7 a. Removal of barriers to community partnership efforts.
6 8 b. Pooling and redirecting of existing federal, state, or
6 9 other public or private funds available for purposes that are
6 10 consistent with the initiative.
6 11 c. Seeking of federal waivers to assist community
6 12 partnership efforts.
6 13 In coordinating and responding to the requests, the
6 14 commission shall work with state agencies, the governor, and
6 15 the general assembly as necessary to address requests deemed
6 16 appropriate by the commission.
6 17 10. Adopt rules pursuant to chapter 17A as necessary for
6 18 the designation, governance, and oversight of the initiative
6 19 and the implementation of this chapter. The commission shall
6 20 provide for community partnership and youth program input in
6 21 the rules adoption process. The rules shall include but are
6 22 not limited to all of the following:
6 23 a. Performance indicators for initiative programs,
6 24 community partnerships, and the services provided under the
6 25 auspices of community partnerships. The performance
6 26 indicators shall be developed with input from communities.
6 27 b. Minimum standards to further the provision of equal
6 28 access to services.
6 29 11. Monitor and evaluate the effectiveness of performance
6 30 measures utilized under the initiative.
6 31 12. Submit a report to the governor and the general
6 32 assembly on a periodic basis, during the initial year of
6 33 operation, and on an annual basis thereafter, regarding the
6 34 initiative, including demonstrated progress based on
6 35 performance indicators. The commission shall report more
7 1 frequently if requested by the joint appropriations
7 2 subcommittee that makes recommendations concerning the
7 3 commission's budget. Beginning July 1, 2005, the commission
7 4 shall also perform a comprehensive review of the initiative
7 5 and shall submit a report of its findings to the governor and
7 6 the general assembly on or before December 15, 2005.
7 7 13. Approve contracts entered into with the alcoholic
7 8 beverages division of the department of commerce, to provide
7 9 for enforcement of tobacco laws and regulations.
7 10 14. Advise the director in evaluating potential candidates
7 11 for the position of administrator, consult with the director
7 12 in the hiring of the administrator, and review and advise the
7 13 director on the performance of the administrator in the
7 14 discharge of the administrator's duties.
7 15 15. Prioritize funding needs and the allocation of moneys
7 16 appropriated and other resources available for the programs
7 17 and activities of the initiative.
7 18 16. Ensure that sufficient resources are available to
7 19 promote and ensure retailer compliance with tobacco laws and
7 20 ordinances relating to minors and ensure that compliance with
7 21 42 U.S.C. } 300X-26 is prioritized when allocating funds under
7 22 this chapter.
7 23 17. Review fiscal needs of the initiative and make
7 24 recommendations to the director in the development of budget
7 25 requests.
7 26 18. Solicit and accept any gift of money or property,
7 27 including any grant of money, services, or property from the
7 28 federal government, the state, a political subdivision, or a
7 29 private source that is consistent with the goals of the
7 30 initiative. The commission shall adopt rules prohibiting the
7 31 acceptance of gifts from a manufacturer of tobacco products.
7 32 19. Advise and make recommendations to the governor, the
7 33 general assembly, the director, and the administrator,
7 34 relative to tobacco use, treatment, intervention, prevention,
7 35 control, and education programs in the state.
8 1 20. Evaluate the work of the division and the department
8 2 relating to the initiative. For this purpose, the commission
8 3 shall have access to any relevant department records and
8 4 documents, and other information reasonably obtainable by the
8 5 department.
8 6 21. Develop the structure for the statewide youth summit
8 7 to be held annually.
8 8 Sec. 5. NEW SECTION. 142A.5 DIRECTOR AND ADMINISTRATOR
8 9 DUTIES.
8 10 1. The director shall do all of the following:
8 11 a. Establish and maintain the division of tobacco use
8 12 prevention and control.
8 13 b. Employ a division administrator who shall be
8 14 responsible for the administration and oversight of the
8 15 division. The division administrator shall report to and
8 16 shall serve at the pleasure of the director. The
8 17 administrator shall be exempt from the merit system provisions
8 18 of chapter 19A.
8 19 c. Coordinate all tobacco use prevention and control
8 20 programs and activities under the purview of the department.
8 21 d. Receive and review budget recommendations from the
8 22 commission. The director shall consider these recommendations
8 23 in developing the budget request for the department.
8 24 e. Enter into contracts with the alcoholic beverages
8 25 division of the department of commerce, to provide enforcement
8 26 of tobacco laws and regulations. Such contracts shall require
8 27 that enforcement efforts include training of local authorities
8 28 who issue retailer permits and education of retailers.
8 29 2. The administrator shall do all of the following:
8 30 a. Implement the initiative, coordinate the activities of
8 31 the commission and the initiative, and coordinate other
8 32 tobacco use prevention and control activities as assigned by
8 33 the director.
8 34 b. Monitor and evaluate the effectiveness of performance
8 35 measures.
9 1 c. Provide staff and administrative support to the
9 2 commission.
9 3 d. Administer contracts entered into under this chapter.
9 4 e. Coordinate and cooperate with other tobacco use
9 5 prevention and control programs within and outside of the
9 6 state.
9 7 f. Coordinate the efforts of the division with tobacco law
9 8 enforcement programs funded through the commission.
9 9 Sec. 6. NEW SECTION. 142A.6 COMPREHENSIVE TOBACCO USE
9 10 PREVENTION AND CONTROL INITIATIVE ESTABLISHED – PURPOSE –
9 11 RESULTS.
9 12 1. A comprehensive tobacco use prevention and control
9 13 initiative is established. The division shall implement the
9 14 initiative as provided in this chapter.
9 15 2. The purpose of the initiative is to attain the
9 16 following results:
9 17 a. Reduction of tobacco use by youth.
9 18 b. Strong, active youth involvement in activities to
9 19 prevent youth tobacco use and to promote cessation of youth
9 20 tobacco use.
9 21 c. Enhanced capacity of youth to make healthy choices.
9 22 d. Reduction of tobacco use by pregnant women.
9 23 e. Increased compliance by minors and retailers with
9 24 tobacco sales laws and ordinances.
9 25 3. Success in achieving the initiative's desired results
9 26 may be demonstrated by a minimum of the following:
9 27 a. Data demonstrating consistent progress in reducing the
9 28 prevalence of tobacco use among youth and adults.
9 29 b. Survey results indicating widespread support among
9 30 youth for the initiative's tobacco use prevention and control
9 31 activities; for programs that enhance the ability of youth to
9 32 make healthy choices including those related to use of
9 33 tobacco, alcohol, and other substances; and for the media,
9 34 marketing, and communications efforts supporting the
9 35 initiative's desired results. Any survey conducted may also
10 1 include an assessment of the effectiveness of tobacco use
10 2 prevention and control activities in affecting other unhealthy
10 3 youth behaviors including sexual activity and violent
10 4 behavior.
10 5 c. Data demonstrating increased compliance by minors and
10 6 retailers with tobacco sales laws and ordinances.
10 7 4. The division shall implement the initiative in a manner
10 8 that ensures that youth are extensively involved in the
10 9 decision making for the programs implemented under the
10 10 initiative. The initiative shall also involve parents,
10 11 schools, and community members in activities to achieve the
10 12 results desired for the initiative. The division shall
10 13 encourage collaboration at the state and local levels to
10 14 maximize available resources and to provide flexibility to
10 15 support community efforts.
10 16 5. Procurement of goods and services necessary to
10 17 implement the initiative is subject to approval of the
10 18 commission. Notwithstanding chapter 18 or any other provision
10 19 of law to the contrary, such procurement may be accomplished
10 20 by the commission under its own competitive bidding process
10 21 which shall provide for consideration of such factors as
10 22 price, bidder competence, and expediency in procurement.
10 23 6. In order to promote the tobacco use prevention and
10 24 control partnership established in section 142A.1, the
10 25 following persons shall comply with the following, as
10 26 applicable:
10 27 a. A manufacturer, distributor, wholesaler, retailer, or
10 28 distributing agent or agent thereof shall not give away
10 29 cigarettes or tobacco products.
10 30 b. A manufacturer, distributor, wholesaler, retailer, or
10 31 distributing agent or agent thereof shall not provide free
10 32 articles, products, commodities, gifts, or concessions in any
10 33 exchange for the purchase of cigarettes or tobacco products.
10 34 c. The prohibitions in this section do not apply to
10 35 transactions between manufacturers, distributors, wholesalers,
11 1 or retailers.
11 2 d. For the purpose of this subsection, manufacturer,
11 3 distributor, wholesaler, retailer, and distributing agent mean
11 4 as defined in section 453A.1.
11 5 Sec. 7. NEW SECTION. 142A.7 INITIATIVE COMPONENTS.
11 6 1. The initiative shall include but is not limited to all
11 7 of the following:
11 8 a. Youth programs, designed to achieve the initiative's
11 9 desired results, that are directed by youth participants for
11 10 youth.
11 11 b. A media, marketing, and communications program to
11 12 achieve the initiative's desired results. Advertising shall
11 13 not include the name, voice, or likeness of any elected or
11 14 appointed public official or of any candidate for elective
11 15 office.
11 16 c. Independent evaluation of each component of the
11 17 statewide initiative.
11 18 d. Ongoing statewide assessment of data, review of
11 19 indicators used in assessing the effectiveness of the
11 20 initiative, and evaluation of the initiative, its programs,
11 21 and its marketing strategy. The initial baseline used to
11 22 measure the effectiveness of the initiative shall be developed
11 23 using existing, available indicators. Following development
11 24 of the initial baseline, indicators of the effectiveness of
11 25 the initiative shall be reviewed on at least an annual basis
11 26 to ensure that the indicators used most accurately provide for
11 27 measurement of such effectiveness. Primary emphasis in data
11 28 assessment shall be on data relating to tobacco usage and may
11 29 include data demonstrating the prevalence of tobacco use among
11 30 youth and pregnant women, and the prevalence of the use of
11 31 alcohol and other substances among youth. Sources of data
11 32 considered shall include but are not limited to the centers
11 33 for disease control and prevention of the United States
11 34 department of health and human services and the Iowa youth
11 35 tobacco survey, and may include the Iowa youth risk survey
12 1 conducted by the department or the youth risk behavior survey.
12 2 e. A tobacco use prevention and control education program.
12 3 f. An enforcement program.
12 4 2. Administrative costs associated with each program of
12 5 the initiative and program provider shall be established at a
12 6 reasonable level consistent with effective management
12 7 practices.
12 8 3. Requests for information or for proposals shall
12 9 emphasize that performance measures are required for any
12 10 contract or allocation of funding under the initiative.
12 11 Sec. 8. NEW SECTION. 142A.8 COMMUNITY PARTNERSHIPS.
12 12 1. A community partnership is a public agency or nonprofit
12 13 organization operating in a local area under contract with the
12 14 department to implement the initiative in that local area
12 15 utilizing broad community involvement. The community
12 16 partnership or its designee shall act as the fiscal agent for
12 17 moneys administered by the community partnership.
12 18 2. A community partnership area shall encompass a county
12 19 or multicounty area, school district or multischool district
12 20 area, economic development enterprise zone that meets the
12 21 requirements of an urban or rural enterprise community under
12 22 Title XIII of the federal Omnibus Budget Reconciliation Act of
12 23 1993, or community empowerment area, in accordance with
12 24 criteria adopted by the commission for appropriate population
12 25 levels and size of geographic areas.
12 26 3. The commission shall adopt rules pursuant to chapter
12 27 17A providing procedures for the initial designation of
12 28 community partnership areas and for subsequent changes to the
12 29 initially designated areas.
12 30 4. The requirements for contracts entered into by a
12 31 community partnership and the department shall include but are
12 32 not limited to all of the following:
12 33 a. Administrative functions.
12 34 b. Fiscal provisions.
12 35 c. Community and youth involvement in program and
13 1 administrative decisions.
13 2 d. Law enforcement involvement.
13 3 e. Evaluation of the program.
13 4 Sec. 9. NEW SECTION. 142A.9 YOUTH PROGRAM.
13 5 1. A youth program component shall be implemented in each
13 6 community partnership area to achieve the purposes of the
13 7 initiative.
13 8 2. The youth program shall include but is not limited to
13 9 all of the following:
13 10 a. A structure for program participants to interact with
13 11 other participating youth within the community partnership
13 12 area and in other areas of the state.
13 13 b. A structure for formal youth involvement in youth
13 14 program governance at the community partnership area level and
13 15 in a statewide youth summit or summits consisting of
13 16 participation by representatives of the community partnership
13 17 area level.
13 18 c. A structure for participation in a statewide executive
13 19 body consisting of participants selected by the delegates to
13 20 the statewide youth summit of the youth program.
13 21 d. Youth activities that are character-based and focused
13 22 on rewarding appropriate values, behavior, and healthy choices
13 23 by participants.
13 24 3. To the greatest extent possible, the youth program
13 25 shall be directed by youth for youth participants. State and
13 26 local administrators associated with the initiative shall
13 27 consult with and utilize the youth program participants in the
13 28 media, marketing, and communications program; education
13 29 efforts; and other aspects of the initiative including
13 30 evaluation, collaboration, and enforcement.
13 31 Sec. 10. NEW SECTION. 142A.10 FUNDING OF PROGRAMS
13 32 DELIVERED THROUGH COMMUNITY PARTNERSHIPS.
13 33 1. The commission shall develop and implement a statewide
13 34 system for the initiative programs that are delivered through
13 35 community partnerships.
14 1 2. The system shall provide for equitable allocation of
14 2 funding for initiative programs among the state's community
14 3 partnership areas, based upon school-age population and other
14 4 criteria established by the commission.
14 5 3. The specific programs, distribution provisions, and
14 6 other provisions approved by the commission for expenditure of
14 7 the maximum allocation amount established for a community
14 8 partnership area shall be outlined in the written contract
14 9 with the community partnership.
14 10 4. Any allocation received by a community partnership
14 11 shall be matched with local funding, in-kind services, office
14 12 support, or other tangible support or offset of costs.
14 13 Sec. 11. NEW SECTION. 142A.11 REPEAL.
14 14 This chapter is repealed June 30, 2010.
14 15 Sec. 12. Section 453A.39, Code 1999, is repealed.
14 16 Sec. 13. INITIAL APPOINTMENTS.
14 17 1. The initial appointments to the commission on tobacco
14 18 use prevention and control of the members who are not youth
14 19 members selected at the youth summit or who are not commission
14 20 nonvoting members, as established by this Act, are as follows:
14 21 a. Two members to a one-year term.
14 22 b. Two members to a two-year term.
14 23 c. Three members to a three-year term.
14 24 2. The initial youth appointments shall be as follows:
14 25 a. One member to a one-year term.
14 26 b. One member to a two-year term.
14 27 c. One member to a three-year term.
14 28 3. The initial appointments to the commission on tobacco
14 29 use prevention and control who are not youth members selected
14 30 at the annual youth summit or who are not commission nonvoting
14 31 members shall be made by the governor. The legislative
14 32 council may compile a list of individuals based on
14 33 recommendations received from members of the general assembly,
14 34 following public input, and submit the list to the governor to
14 35 assist efforts in identifying qualified and capable candidates
15 1 for initial appointments.
15 2 4. The initial appointments to the commission shall be
15 3 made within sixty days of the effective date of this Act.
15 4 Sec. 14. REVIEW OF ENFORCEMENT EFFORTS. The tobacco use
15 5 prevention and control commission created under chapter 142A,
15 6 in cooperation with the office of the attorney general, the
15 7 Iowa department of public health, and the alcoholic beverages
15 8 division of the department of commerce, shall review current
15 9 state and local tobacco enforcement regulations and
15 10 activities, including those related to retailers, clerks and
15 11 minors, and shall submit recommendations to the governor and
15 12 the general assembly, on or before December 1, 2000, to
15 13 provide for balanced and uniform enforcement statewide.
15 14 Sec. 15. ADMINISTRATOR – INITIAL HIRING. The provisions
15 15 of section 142A.4 relating to the commission providing advice
15 16 and consultation with regard to the hiring of the
15 17 administrator do not apply to the initial hiring of an
15 18 administrator if the commission is not operational at the time
15 19 that a potential candidate for the position of administrator
15 20 is formally offered the administrator position. However,
15 21 under such circumstances, the director shall consult with the
15 22 ex officio members of the commission, if appointed at the time
15 23 such a formal offer is extended.
15 24 Sec. 16. EMERGENCY RULES. The department of public health
15 25 may adopt emergency rules under section 17A.4, subsection 2,
15 26 and section 17A.5, subsection 2, paragraph "b", to implement
15 27 this Act, and the rules shall become effective immediately
15 28 upon filing, unless the effective date is delayed by the
15 29 administrative rules review committee, notwithstanding section
15 30 17A.4, subsection 5, and section 17A.8, subsection 9, or a
15 31 later effective date is specified in the rules. Any rules
15 32 adopted in accordance with this section shall not take effect
15 33 before the rules are reviewed by the administrative rules
15 34 review committee. Any rules adopted in accordance with the
15 35 provisions of this section shall also be published as notice
16 1 of intended action as provided in section 17A.4.
16 2 Sec. 17. EFFECTIVE DATE. This Act, being deemed of
16 3 immediate importance, takes effect upon enactment.
16 4
16 5
16 6
16 7 BRENT SIEGRIST
16 8 Speaker of the House
16 9
16 10
16 11
16 12 MARY E. KRAMER
16 13 President of the Senate
16 14
16 15 I hereby certify that this bill originated in the House and
16 16 is known as House File 2565, Seventy-eighth General Assembly.
16 17
16 18
16 19
16 20 ELIZABETH ISAACSON
16 21 Chief Clerk of the House
16 22 Approved , 2000
16 23
16 24
16 25
16 26 THOMAS J. VILSACK
16 27 Governor
Text: HF02564 Text: HF02566 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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