Senate File 2384 S-5179 Amend Senate File 2384 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 STANDING APPROPRIATIONS AND RELATED MATTERS 5 Section 1. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 6 2022-2023. Notwithstanding the standing appropriation in the 7 following designated section for the fiscal year beginning July 8 1, 2022, and ending June 30, 2023, the amount appropriated from 9 the general fund of the state pursuant to that section for the 10 following designated purpose shall not exceed the following 11 amount: 12 For payment of claims for nonpublic school pupil 13 transportation under section 285.2 : 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,997,091 15 If total approved claims for reimbursement for nonpublic 16 school pupil transportation exceed the amount appropriated in 17 accordance with this section, the department of education shall 18 prorate the amount of each approved claim. 19 Sec. 2. INSTRUCTIONAL SUPPORT STATE AID —— FY 2022-2023. In 20 lieu of the appropriation provided in section 257.20, 21 subsection 2 , the appropriation for the fiscal year 22 beginning July 1, 2022, and ending June 30, 2023, for paying 23 instructional support state aid under section 257.20 for the 24 fiscal year is zero. 25 Sec. 3. SPECIAL FUNDS —— SALARY ADJUSTMENTS —— 26 UNAPPROPRIATED MONEYS —— FY 2022-2023. For the fiscal year 27 beginning July 1, 2022, and ending June 30, 2023, salary 28 adjustments otherwise provided may be funded as determined 29 by the department of management, subject to any applicable 30 constitutional limitation, using unappropriated moneys 31 remaining in the department of commerce revolving fund, the 32 gaming enforcement revolving fund, the gaming regulatory 33 revolving fund, the primary road fund, the road use tax 34 fund, the fish and game protection fund, and the Iowa public 35 -1- SF 2384.4640 (4) 89 ns/tm 1/ 25 #1.
employees’ retirement fund, and in other departmental 1 revolving, trust, or special funds for which the general 2 assembly has not made an operating budget appropriation. 3 Sec. 4. Section 257.35, Code 2022, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 16A. a. Notwithstanding subsection 1, and 6 in addition to the reductions applicable pursuant to subsection 7 2 and paragraph “b” of this subsection, the state aid for area 8 education agencies and the portion of the combined district 9 cost calculated for these agencies related to expenditures 10 other than expenditures for professional development for the 11 fiscal year beginning July 1, 2022, and ending June 30, 2023, 12 shall be reduced by the department of management by fifteen 13 million dollars. The reduction for each area education agency 14 shall be prorated based on the reduction that the agency 15 received in the fiscal year beginning July 1, 2003. 16 b. Notwithstanding subsection 1, and in addition to 17 the reductions applicable pursuant to subsection 2 and 18 paragraph “a” of this subsection, the state aid for area 19 education agencies and the portion of the combined district 20 cost calculated for these agencies related to professional 21 development expenditures for the fiscal year beginning July 22 1, 2022, and ending June 30, 2023, shall be reduced by the 23 department of management by an amount equal to the sum of the 24 area education agency professional development supplement 25 district cost for all area education agencies determined under 26 section 257.37A, subsection 2, for the budget year beginning 27 July 1, 2022. The reduction for each area education agency 28 shall be equal to the area education agency’s professional 29 development district cost determined under section 257.37A, 30 subsection 2, for the budget year beginning July 1, 2022. 31 The amounts reduced under this paragraph shall be considered 32 funds paid to school districts and area education agencies 33 under chapter 284 for purposes of requirements for providing 34 professional development opportunities. 35 -2- SF 2384.4640 (4) 89 ns/tm 2/ 25
DIVISION II 1 CORRECTIVE PROVISIONS 2 Sec. 5. Section 45.1, subsection 7, paragraph a, Code 2022, 3 as amended by 2022 Iowa Acts, House File 2466, section 3, is 4 amended to read as follows: 5 a. For a supervisor district with a population of greater 6 than fifteen thousand but fewer no more than fifty thousand 7 according to the most recent federal decennial census, 8 nomination petitions shall include at least fifty signatures. 9 Sec. 6. Section 80E.2, subsection 2, Code 2022, as amended 10 by 2022 Iowa Acts, House File 2367, section 2, is amended to 11 read as follows: 12 2. The prosecuting attorney, certified alcohol and drug 13 counselor, certified substance abuse prevention specialist, 14 substance use disorder treatment program director, member 15 representing the Iowa peace officers association, member 16 representing the Iowa state police association, the 17 member representing the Iowa state sheriffs’ and deputies’ 18 association, and the member representing the Iowa police chiefs 19 association who is a police chief shall be appointed by the 20 governor, subject to senate confirmation, for four-year terms 21 beginning and ending as provided in section 69.19 . A vacancy 22 on the council shall be filled for the unexpired term in the 23 same manner as the original appointment was made. 24 Sec. 7. Section 124.204, subsection 2, paragraph cl, as 25 enacted by 2022 Iowa Acts, House File 2201, section 1, is 26 amended to read as follows: 27 cl. N-(1-phenethylpiperidin-4-yl) 28 -N-phenylcyclopentanecarboxamide. Other name: cyclopentanyl 29 cyclopentyl fentanyl. 30 Sec. 8. Section 147.77, subsection 1, paragraph l, as 31 enacted by 2022 Iowa Acts, House File 803, section 51, is 32 amended to read as follows: 33 l. The department of public safety, with respect to rules 34 relating to permits to carry weapons, that a person who is 35 -3- SF 2384.4640 (4) 89 ns/tm 3/ 25
an unlawful user of or addicted to any controlled substance 1 includes any person who is a current user of a controlled 2 substance in a manner other than as prescribed by a licensed 3 physician. 4 Sec. 9. Section 147.77, subsection 1, paragraph p, 5 subparagraph (3), as enacted by 2022 Iowa Acts, House File 803, 6 section 51, is amended to read as follows: 7 (3) For applications for a license to practice asbestos 8 removal, that except as noted in rule, only worker and 9 contractor/supervisor license applicants must submit a the 10 respiratory protection and physician’s certification forms. 11 Sec. 10. Section 249A.42A, subsection 2, as enacted by 2022 12 Iowa Acts, House File 736, section 1, is amended to read as 13 follows: 14 2. The provider documented the eligibility verification 15 performed and any necessary prior authorization obtained 16 pursuant to paragraph “a” subsection 1 in a manner and format 17 established by the department by rule, and retained the 18 required documentation in the recipient’s file. 19 Sec. 11. Section 261.116, subsection 7, Code 2022, as 20 amended by 2022 Iowa Acts, Senate File 2383, section 16, if 21 enacted, is amended to read as follows: 22 6. Health care award fund. A health care award fund is 23 created for deposit of moneys appropriated to or received by 24 the commission for use under the program. Notwithstanding 25 section 8.33 , moneys deposited in the health care award 26 fund shall not revert to any fund of the state at the 27 end of any fiscal year but shall remain in the award fund 28 and be continuously available for use under the program. 29 Notwithstanding section 12C.7, subsection 2 , interest or 30 earnings on moneys deposited in the health care award fund 31 shall be credited to the fund. 32 Sec. 12. Section 441.1, subsection 3, paragraph d, as 33 enacted by 2022 Iowa Acts, Senate File 384, section 1, is 34 amended to read as follows: 35 -4- SF 2384.4640 (4) 89 ns/tm 4/ 25
d. The provisions of chapter 28E are applicable to this 1 section subsection . 2 Sec. 13. Section 600.5, subsection 9A, as enacted by 2022 3 Iowa Acts, House File 2252, section 6, is amended to read as 4 follows: 5 9A. If the parents of the person to be adopted had their 6 parental rights terminated pursuant to chapter 232, the 7 petition shall included include the names of any known siblings 8 placed separately from the person to be adopted and either the 9 plan for ongoing contact between the siblings if a court found 10 that continued contact is in the best interest of each sibling 11 or a statement that the court found continued contact between 12 the siblings is not in the best interest of each sibling. 13 Sec. 14. Section 692A.102, subsection 1, paragraph c, 14 subparagraph (012), if enacted by 2022 Iowa Acts, Senate File 15 529, section 6, is amended to read as follows: 16 NEW SUBPARAGRAPH . (012) Sexual abuse in the fourth 17 degree in violation of section 709.4A, subsection 3, if the 18 perpetrator is a health care professional as defined in section 19 714I.2, who used or provided the health care professional’s 20 own human reproductive material for assisted reproduction in 21 violation of section 714I.3, subsection 2. 22 Sec. 15. 2022 Iowa Acts, House File 2200, section 3, is 23 amended to read as follows: 24 SEC. 3. APPLICABILITY. This Act applies to direct health 25 care agreements that are fully executed on or after the 26 effective date of enactment this Act . 27 Sec. 16. 2022 Iowa Acts, House File 2201, section 7, is 28 amended by striking the section and inserting in lieu thereof 29 the following: 30 SEC. 7. Section 124.206, subsection 2, paragraph a, 31 unnumbered paragraph 1, Code 2022, is amended by striking 32 the unnumbered paragraph and inserting in lieu thereof the 33 following: 34 Opium and opiate, and any salt, compound, derivative, 35 -5- SF 2384.4640 (4) 89 ns/tm 5/ 25
or preparation of opium or opiate excluding apomorphine, 1 thebaine-derived butorphanol, dextrorphan, nalbuphine, 2 naldemedine, nalmefene, naloxegol, naloxone, 6beta-naltrexol, 3 naltrexone, and samidorphan, and their respective salts, but 4 including the following: 5 Sec. 17. 2022 Iowa Acts, Senate File 2295, section 184, is 6 amended by striking the section and inserting in lieu thereof 7 the following: 8 SEC. 184. 2020 Iowa Acts, chapter 1064, sections 17 and 9 18, are amended by striking the sections and inserting in lieu 10 thereof the following: 11 SEC. 17. Section 422.12D, subsection 2 , Code 2022, is 12 amended to read as follows: 13 2. The director of revenue shall draft the income tax form 14 to allow the designation of contributions to the veterans trust 15 fund and to the volunteer fire fighter preparedness fund as 16 one checkoff on the tax return. The department of revenue, 17 on or before January 31, shall transfer one-half of the total 18 amount designated on the tax return forms due in the preceding 19 calendar year to the veterans trust fund and the remaining 20 one-half to the volunteer fire fighter preparedness fund. 21 However, before a checkoff pursuant to this section shall be 22 permitted, all liabilities on the books of the department of 23 administrative services and accounts identified as owing under 24 section 8A.504 421.65 shall be satisfied. 25 SEC. 18. Section 422.12L, subsection 2 , Code 2022, is 26 amended to read as follows: 27 2. The director of revenue shall draft the income tax form 28 to allow the designation of contributions to the foundation 29 fund on the tax return. The department, on or before January 30 31, shall transfer the total amount designated on the tax 31 form due in the preceding year to the foundation fund. 32 However, before a checkoff pursuant to this section shall be 33 permitted, all liabilities on the books of the department of 34 administrative services and accounts identified as owing under 35 -6- SF 2384.4640 (4) 89 ns/tm 6/ 25
section 8A.504 421.65 shall be satisfied. 1 Sec. 18. CONTINGENT REPEAL. 2022 Iowa Acts, House File 2 2581, section 13, if enacted, is repealed. 3 Sec. 19. CODE EDITOR DIRECTIVES. 4 1. If Senate File 496 is enacted during the 2022 session 5 of the Eighty-ninth General Assembly, the Code editor is 6 directed to transfer the Code sections as enacted by that Act 7 as follows: 8 a. Section 94.1 to section 94B.1. 9 b. Section 94.2 to section 94B.2. 10 2. The Code editor is directed to renumber section 331.301, 11 subsection 18, as enacted by 2022 Iowa Acts, House File 728, to 12 become section 331.301, subsection 21. 13 3. The Code editor shall correct internal references in the 14 Code and in any enacted legislation as necessary due to the 15 enactment of this section. 16 Sec. 20. EFFECTIVE DATE. The following, being deemed of 17 immediate importance, take effect upon enactment: 18 1. The section of this division of this Act amending section 19 124.204, subsection 2, paragraph “cl”. 20 2. The section of this division of this Act amending 2022 21 Iowa Acts, House File 2200, section 3. 22 3. The section of this division of this Act amending 2022 23 Iowa Acts, House File 2201, section 7. 24 Sec. 21. RETROACTIVE APPLICABILITY. The following apply 25 retroactively to May 2, 2022: 26 1. The section of this division of this Act amending section 27 124.204, subsection 2, paragraph “cl”. 28 2. The section of this division of this Act amending 2022 29 Iowa Acts, House File 2201, section 7. 30 Sec. 22. RETROACTIVE APPLICABILITY. The section of this 31 division of this Act amending 2022 Iowa Acts, House File 2200, 32 section 3, applies retroactively to May 12, 2022. 33 DIVISION III 34 OFFICE OF THE CHIEF INFORMATION OFFICER 35 -7- SF 2384.4640 (4) 89 ns/tm 7/ 25
Sec. 23. Section 8B.2, Code 2022, is amended to read as 1 follows: 2 8B.2 Office created established —— chief information officer 3 appointed selected . 4 1. The office of the chief information officer is created 5 as an independent agency and is attached to the department of 6 administrative services for accounting and fiscal services. 7 The department of administrative services shall provide such 8 additional assistance and administrative support services to 9 the office as the department of administrative services and the 10 office determines maximizes the efficiency and effectiveness 11 of both the department and office established within the 12 department of management . 13 2. The chief information officer, who shall be the head 14 of the office, shall be appointed by the governor to serve at 15 the pleasure of the governor and is subject to confirmation by 16 the senate. If the office becomes vacant, the vacancy shall 17 be filled in the same manner as provided for the original 18 appointment selected by the director of the department of 19 management . The director of the department of management shall 20 set the salary of the chief information officer. 21 3. The person appointed selected as the chief information 22 officer for the state shall be professionally qualified by 23 education and have no less than five years’ experience in the 24 field of information technology, and a working knowledge of 25 financial management. The chief information officer shall 26 not be a member of any local, state, or national committee 27 of a political party, an officer or member of a committee in 28 any partisan political club or organization, or hold or be 29 a candidate for a paid elective public office. The chief 30 information officer is subject to the restrictions on political 31 activity provided in section 8A.416 . 32 Sec. 24. Section 8D.3, subsection 2, paragraph b, Code 2022, 33 is amended to read as follows: 34 b. The auditor of state or the auditor’s designee and 35 -8- SF 2384.4640 (4) 89 ns/tm 8/ 25
the chief information officer appointed selected pursuant to 1 section 8B.2 or the chief information officer’s designee shall 2 serve as nonvoting, ex officio members of the commission. 3 Sec. 25. Section 11.5B, subsection 15, Code 2022, is amended 4 to read as follows: 5 15. Office of the chief information officer of the 6 department of management . 7 Sec. 26. 2008 Iowa Acts, chapter 1191, section 14, 8 subsection 7, as amended by 2010 Iowa Acts, chapter 1193, 9 section 26, is amended to read as follows: 10 7. The following are range 7 positions: administrator 11 of the public broadcasting division of the department of 12 education, director of the department of corrections, director 13 of the department of education, director of human services, 14 director of the department of economic development, executive 15 director of the Iowa telecommunications and technology 16 commission, executive director of the state board of regents, 17 director of transportation, director of the department of 18 workforce development, director of revenue, director of 19 public health, state court administrator, director of the 20 department of management, chief information officer, state debt 21 coordinator, and director of the department of administrative 22 services. 23 Sec. 27. EFFECTIVE DATE. This division of this Act, being 24 deemed of immediate importance, takes effect upon enactment. 25 Sec. 28. APPLICABILITY. This division of this Act, as it 26 relates to the salary of the chief information officer, applies 27 with the pay period beginning after the effective date of this 28 division of this Act, and subsequent pay periods. 29 DIVISION IV 30 CONDUCT OF ELECTIONS —— FUNDING 31 Sec. 29. NEW SECTION . 49.17 Conduct of elections —— 32 funding. 33 1. The state commissioner or a county commissioner or 34 political subdivision of the state shall only accept funding 35 -9- SF 2384.4640 (4) 89 ns/tm 9/ 25
from the following sources for the purposes of conducting an 1 election: 2 a. Lawful appropriations of public moneys from the 3 government of the United States. 4 b. Lawful appropriations of public moneys from the state of 5 Iowa. 6 c. Lawful appropriations of public moneys from a political 7 subdivision of the state for the conduct of an election in the 8 political subdivision. 9 2. The state commissioner, a county commissioner, or a 10 political subdivision of the state shall not accept or expend 11 a grant, gift, or other source of funding from a source other 12 than those listed in subsection 1, including from a private 13 person, corporation, partnership, political party, nonparty 14 political organization, committee as defined in section 15 68A.102, or other organization for the purpose of conducting 16 an election. 17 3. This section does not prohibit the state commissioner or 18 a county commissioner or political subdivision from issuing and 19 collecting fees as otherwise provided by law. 20 4. This section does not apply to the contribution of a 21 building for use as a polling place pursuant to section 49.21. 22 Sec. 30. EFFECTIVE DATE. This division of this Act, being 23 deemed of immediate importance, takes effect upon enactment. 24 DIVISION V 25 DIRECT MASS MAILING 26 Sec. 31. Section 68A.405A, Code 2022, is amended by adding 27 the following new subsections: 28 NEW SUBSECTION . 3. For the purposes of this section, 29 “direct mass mailing” means a mailing, regardless of whether 30 the mailing was sent in response to a request or due to the 31 recipient’s enrollment in a program, that provides information 32 to the recipient about a person, policy, product, service, 33 program, initiative, law, legislation, event, or activity 34 promoted by the statewide elected official that is all of the 35 -10- SF 2384.4640 (4) 89 ns/tm 10/ 25
following: 1 a. Printed material delivered by the United States mail or 2 other delivery service. 3 b. Sent to more than two hundred physical addresses. 4 c. Substantially similar or identical as regards each 5 mailing. 6 d. Sent at the same time or within a thirty-day period. 7 NEW SUBSECTION . 4. Notwithstanding subsection 3, a 8 mailing that is sent to any participant in a program or the 9 participant’s address within sixty days of an election in which 10 an office listed in section 39.9 is to appear on the ballot 11 shall be considered a direct mass mailing for the purposes 12 of subsection 1 if the purpose of the mailing is to provide 13 a participant with information relevant to the participant’s 14 existing account with a program sponsored and administered by 15 the statewide elected official who sent the mailing. 16 DIVISION VI 17 OPEN ENROLLMENT 18 Sec. 32. Section 256F.9, Code 2022, is amended to read as 19 follows: 20 256F.9 Procedures after revocation —— student enrollment. 21 If a charter school or innovation zone school contract is 22 revoked in accordance with this chapter , a nonresident student 23 who attended the school, and any siblings of the student , 24 shall be determined to have shown “good cause” as provided in 25 section 282.18, subsection 4 , paragraph “b” , and may submit an 26 application to another school district according to section 27 282.18 at any time . Applications and notices required by 28 section 282.18 shall be processed and provided in a prompt 29 manner. The application and notice deadlines in section 282.18 30 do not apply to a nonresident student application under these 31 circumstances. 32 Sec. 33. Section 282.18, subsection 2, paragraphs a and b, 33 Code 2022, are amended to read as follows: 34 a. By March 1 of the preceding school year for students 35 -11- SF 2384.4640 (4) 89 ns/tm 11/ 25
entering grades one through twelve, or by September 1 of the 1 current school year for students entering kindergarten or 2 for prekindergarten students enrolled in special education 3 programs and included in the school district’s basic enrollment 4 under section 257.6, subsection 1 , paragraph “a” , subparagraph 5 (1), the A parent or guardian shall send notification to the 6 district of residence and the receiving district, on forms 7 prescribed by the department of education, that the parent or 8 guardian intends to enroll the parent’s or guardian’s child 9 in a public school in another school district. If a parent 10 or guardian fails to file a notification that the parent 11 intends to enroll the parent’s or guardian’s child in a public 12 school in another district by the deadline specified in this 13 subsection , the procedures of subsection 4 apply. 14 b. The board of the receiving district shall enroll the 15 pupil in a school in the receiving district for the following 16 school year unless the receiving district has insufficient 17 classroom space for the pupil. The board of directors 18 of a receiving district may adopt a policy granting the 19 superintendent of the school district authority to approve open 20 enrollment applications. If the request is granted, the board 21 shall transmit a copy of the form to the parent or guardian and 22 the school district of residence within five days after board 23 action , but not later than June 1 of the preceding school year . 24 The parent or guardian may withdraw the request at any time 25 prior to the start of the school year board’s action on the 26 application . A denial of a request by the board of a receiving 27 district is not subject to appeal. 28 Sec. 34. Section 282.18, subsection 3, paragraph a, Code 29 2022, is amended to read as follows: 30 a. The superintendent of a district subject to court-ordered 31 desegregation may deny a request for transfer under this 32 section if the superintendent finds that enrollment or release 33 of a pupil will adversely affect the district’s implementation 34 of the desegregation order, unless the transfer is requested 35 -12- SF 2384.4640 (4) 89 ns/tm 12/ 25
by a pupil whose sibling is already participating in open 1 enrollment to another district, or unless the request for 2 transfer is submitted to the district in a timely manner as 3 required under subsection 2 prior to implementation of the 4 desegregation order by the district. If a transfer request 5 would facilitate implementation of a desegregation order, the 6 district shall give priority to granting the request over other 7 requests. 8 Sec. 35. Section 282.18, subsections 4, 5, and 15, Code 9 2022, are amended by striking the subsections. 10 Sec. 36. Section 282.18, subsection 6, Code 2022, is amended 11 to read as follows: 12 6. A request under this section is for a period of not less 13 than one year. If the request is for more than one year and 14 the parent or guardian desires to have the pupil enroll in a 15 different district, the parent or guardian may petition the 16 current receiving district by March 1 of the previous school 17 year for permission to enroll the pupil in a different district 18 for a period of not less than one year. Upon receipt of such a 19 request, the current receiving district board may act on the 20 request to transfer to the other school district at the next 21 regularly scheduled board meeting after the receipt of the 22 request. The new receiving district shall enroll the pupil 23 in the district unless there is insufficient classroom space 24 in the district or the district is subject to court-ordered 25 desegregation and enrollment of the pupil would adversely 26 affect implementation of the desegregation order. A denial of 27 a request to change district enrollment within the approved 28 period is not subject to appeal. However, a A pupil who has 29 been in attendance in another district under this section 30 may return to the district of residence and enroll at any 31 time, once the parent or guardian has notified the district of 32 residence and the receiving district in writing of the decision 33 to enroll the pupil in the district of residence. 34 Sec. 37. Section 282.18, subsection 7, Code 2022, is amended 35 -13- SF 2384.4640 (4) 89 ns/tm 13/ 25
by adding the following new paragraph: 1 NEW PARAGRAPH . c. If a pupil participating in open 2 enrollment attends school in the receiving district for less 3 than a full school year, payment from the district of residence 4 to the receiving district shall be prorated on a per diem 5 basis. 6 Sec. 38. Section 282.18, subsection 11, paragraph a, 7 subparagraph (8), Code 2022, is amended to read as follows: 8 (8) If the pupil participates in open enrollment because 9 of circumstances that meet the definition of good cause under 10 subsection 4 , paragraph “b” . For purposes of this subparagraph, 11 “good cause” means a change in a child’s residence due to a 12 change in family residence, a change in a child’s residence 13 from the residence of one parent or guardian to the residence 14 of different parent or guardian, a change in the state in 15 which the family residence is located, a change in a child’s 16 parents’ marital status, a guardianship or custody proceeding, 17 placement in foster care, adoption, participation in a foreign 18 exchange program, initial placement of a prekindergarten 19 student in a special education program requiring specially 20 designed instruction, or participation in a substance abuse 21 or mental health treatment program, a change in the status of 22 a child’s resident district such as removal of accreditation 23 by the state board, surrender of accreditation, or permanent 24 closure of a nonpublic school, revocation of a charter school 25 contract as provided in section 256E.10 or 256F.8, the failure 26 of negotiations for a whole grade sharing, reorganization, 27 dissolution agreement, or the rejection of a current whole 28 grade sharing agreement, or reorganization plan. 29 Sec. 39. Section 290.1, Code 2022, is amended to read as 30 follows: 31 290.1 Appeal to state board. 32 An affected pupil, or the parent or guardian of an affected 33 pupil who is a minor, who is aggrieved by a decision or order 34 of the board of directors of a school corporation in a matter 35 -14- SF 2384.4640 (4) 89 ns/tm 14/ 25
of law or fact , or a decision or order of a board of directors 1 under section 282.18, subsection 5 , may, within thirty days 2 after the rendition of the decision or the making of the order, 3 appeal the decision or order to the state board of education; 4 the basis of the proceedings shall be an affidavit filed with 5 the state board by the party aggrieved within the time for 6 taking the appeal, which affidavit shall set forth any error 7 complained of in a plain and concise manner. 8 Sec. 40. EMERGENCY RULES. The department of education may 9 adopt emergency rules under section 17A.4, subsection 3, and 10 section 17A.5, subsection 2, paragraph “b”, to implement the 11 provisions of this division of this Act and the rules shall 12 be effective immediately upon filing unless a later date is 13 specified in the rules. Any rules adopted in accordance with 14 this section shall also be published as a notice of intended 15 action as provided in section 17A.4. 16 Sec. 41. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. 18 DIVISION VII 19 SHARED OPERATIONAL FUNCTIONS 20 Sec. 42. Section 257.11, subsection 5, paragraph a, Code 21 2022, is amended to read as follows: 22 a. (1) In order to provide additional funding to increase 23 student opportunities and redirect more resources to student 24 programming for school districts that share operational 25 functions, a district that shares with a political subdivision 26 one or more operational functions of a curriculum director, 27 master social worker, independent social worker, work-based 28 learning coordinator, special education director, mental 29 health professional who holds a statement of recognition 30 issued by the board of educational examiners, college 31 and career transition counselor or coordinator, or school 32 counselor, or one or more operational functions in the areas 33 of superintendent management, business management, human 34 resources, transportation, or operation and maintenance for at 35 -15- SF 2384.4640 (4) 89 ns/tm 15/ 25
least twenty percent of the school year shall be assigned a 1 supplementary weighting for each shared operational function. 2 A school district that shares an operational function in 3 the area of superintendent management shall be assigned a 4 supplementary weighting of eight pupils for the function. A 5 school district that shares an operational function in the area 6 of business management, human resources, transportation, or 7 operation and maintenance shall be assigned a supplementary 8 weighting of five pupils for the function. A school district 9 that shares the operational functions of a curriculum director; 10 a master social worker or an independent social worker 11 licensed under chapters 147 and 154C ; a work-based learning 12 coordinator; a special education director; a mental health 13 professional who holds a statement of recognition issued by 14 the board of educational examiners; a college and career 15 transition counselor or coordinator; or a school counselor 16 shall be assigned a supplementary weighting of three pupils 17 for the function. The additional weighting shall be assigned 18 for each discrete operational function shared. However, a 19 school district may receive the additional weighting under this 20 subsection for sharing the services of an individual with a 21 political subdivision even if the type of operational function 22 performed by the individual for the school district and the 23 type of operational function performed by the individual 24 for the political subdivision are not the same operational 25 function, so long as both operational functions are eligible 26 for weighting under this subsection . In such case, the school 27 district shall be assigned the additional weighting for the 28 type of operational function that the individual performs for 29 the school district, and the school district shall not receive 30 additional weighting for any other function performed by the 31 individual. The operational function sharing arrangement does 32 not need to be a newly implemented sharing arrangement to 33 receive supplementary weighting under this subsection . 34 (2) For the purposes of this paragraph “a” : 35 -16- SF 2384.4640 (4) 89 ns/tm 16/ 25
(a) “College and career transition counselor or coordinator” 1 means a licensed school counselor or an appropriately trained 2 individual responsible for providing direct services to 3 students, parents, families, schools, and postsecondary 4 institutions to support college preparation and postsecondary 5 success, such as college preparation, financial aid processing, 6 and transition to postsecondary institution enrollment. 7 (a) (b) “Political subdivision” means a city, township, 8 county, school corporation, merged area, area education agency, 9 institution governed by the state board of regents, or any 10 other governmental subdivision. 11 (b) (c) “Work-based learning coordinator” means an 12 appropriately trained individual responsible for facilitating 13 authentic, engaging work-based learning experiences for 14 learners and educators in partnership with employers and others 15 to enhance learning by connecting the content and skills that 16 are necessary for future careers. 17 DIVISION VIII 18 DELINQUENT ACT —— POSSESSION OF DANGEROUS WEAPONS OR FIREARMS 19 BY MINORS 20 Sec. 43. Section 232.2, subsection 12, Code 2022, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . e. The violation of section 724.4E which is 23 committed by a child. 24 Sec. 44. EFFECTIVE DATE. This division of this Act, being 25 deemed of immediate importance, takes effect upon enactment. 26 DIVISION IX 27 ASSAULT —— NATIONAL GUARD MEMBERS 28 Sec. 45. Section 708.3A, subsections 1, 2, 3, and 4, Code 29 2022, are amended to read as follows: 30 1. A person who commits an assault, as defined in section 31 708.1 , against a peace officer, jailer, correctional staff, 32 member or employee of the board of parole, health care 33 provider, employee of the department of human services, 34 employee of the department of revenue, national guard member 35 -17- SF 2384.4640 (4) 89 ns/tm 17/ 25
engaged in national guard duty or state active duty, civilian 1 employee of a law enforcement agency, civilian employee of a 2 fire department, or fire fighter, whether paid or volunteer, 3 with the knowledge that the person against whom the assault 4 is committed is a peace officer, jailer, correctional staff, 5 member or employee of the board of parole, health care 6 provider, employee of the department of human services, 7 employee of the department of revenue, national guard member 8 engaged in national guard duty or state active duty, civilian 9 employee of a law enforcement agency, civilian employee of a 10 fire department, or fire fighter and with the intent to inflict 11 a serious injury upon the peace officer, jailer, correctional 12 staff, member or employee of the board of parole, health 13 care provider, employee of the department of human services, 14 employee of the department of revenue, national guard member 15 engaged in national guard duty or state active duty, civilian 16 employee of a law enforcement agency, civilian employee of a 17 fire department, or fire fighter, is guilty of a class “D” 18 felony. 19 2. A person who commits an assault, as defined in section 20 708.1 , against a peace officer, jailer, correctional staff, 21 member or employee of the board of parole, health care 22 provider, employee of the department of human services, 23 employee of the department of revenue, national guard member 24 engaged in national guard duty or state active duty, civilian 25 employee of a law enforcement agency, civilian employee of a 26 fire department, or fire fighter, whether paid or volunteer, 27 who knows that the person against whom the assault is committed 28 is a peace officer, jailer, correctional staff, member or 29 employee of the board of parole, health care provider, employee 30 of the department of human services, employee of the department 31 of revenue, national guard member engaged in national guard 32 duty or state active duty, civilian employee of a law 33 enforcement agency, civilian employee of a fire department, or 34 fire fighter and who uses or displays a dangerous weapon in 35 -18- SF 2384.4640 (4) 89 ns/tm 18/ 25
connection with the assault, is guilty of a class “D” felony. 1 3. A person who commits an assault, as defined in section 2 708.1 , against a peace officer, jailer, correctional staff, 3 member or employee of the board of parole, health care 4 provider, employee of the department of human services, 5 employee of the department of revenue, national guard member 6 engaged in national guard duty or state active duty, civilian 7 employee of a law enforcement agency, civilian employee of a 8 fire department, or fire fighter, whether paid or volunteer, 9 who knows that the person against whom the assault is committed 10 is a peace officer, jailer, correctional staff, member or 11 employee of the board of parole, health care provider, employee 12 of the department of human services, employee of the department 13 of revenue, national guard member engaged in national guard 14 duty or state active duty, civilian employee of a law 15 enforcement agency, civilian employee of a fire department, or 16 fire fighter, and who causes bodily injury or mental illness, 17 is guilty of an aggravated misdemeanor. 18 4. Any other assault, as defined in section 708.1 , committed 19 against a peace officer, jailer, correctional staff, member or 20 employee of the board of parole, health care provider, employee 21 of the department of human services, employee of the department 22 of revenue, national guard member engaged in national guard 23 duty or state active duty, civilian employee of a law 24 enforcement agency, civilian employee of a fire department, 25 or fire fighter, whether paid or volunteer, by a person who 26 knows that the person against whom the assault is committed is 27 a peace officer, jailer, correctional staff, member or employee 28 of the board of parole, health care provider, employee of the 29 department of human services, employee of the department of 30 revenue, national guard member engaged in national guard duty 31 or state active duty, civilian employee of a law enforcement 32 agency, civilian employee of a fire department, or fire 33 fighter, is a serious misdemeanor. 34 Sec. 46. Section 708.3A, subsection 5, Code 2022, is amended 35 -19- SF 2384.4640 (4) 89 ns/tm 19/ 25
by adding the following new paragraphs: 1 NEW PARAGRAPH . f. “National guard” means the same as 2 defined in section 29A.1. 3 NEW PARAGRAPH . g. “National guard duty” means the same as 4 defined in section 29A.1. 5 NEW PARAGRAPH . h. “State active duty” means the same as 6 defined in section 29A.1. 7 DIVISION X 8 DEPENDENT ADULT ABUSE RESULTING IN DEATH 9 Sec. 47. Section 726.26, if enacted by 2022 Iowa Acts, 10 Senate File 522, section 6, is amended by adding the following 11 new subsection: 12 NEW SUBSECTION . 2A. A caretaker who intentionally or 13 recklessly commits dependent adult abuse is guilty of murder 14 in the second degree in violation of section 707.3 if the 15 intentional or reckless dependent adult abuse results in the 16 death of the dependent adult. 17 DIVISION XI 18 HEALTH CARE PROVIDER REFERRAL TO AMBULATORY SURGICAL CENTER 19 Sec. 48. NEW SECTION . 147.163 Provision of information —— 20 referral to ambulatory surgical center —— licensee discipline. 21 1. A health care provider who determines that a patient is a 22 candidate for outpatient surgery based on the patient’s medical 23 status and surgical service needs, and refers the patient to 24 an ambulatory surgical center as an option for the surgery, 25 shall provide the patient with a written document listing the 26 factors the patient should consider to make a fully informed 27 decision about the patient’s recommended course of care. The 28 considerations shall include all of the following: 29 a. The differences in ownership; licensure, certification, 30 or accreditation; and payment alternatives between the 31 ambulatory surgical center and a hospital. 32 b. The types of medical personnel generally involved in the 33 patient’s surgical service and the capacity of the ambulatory 34 surgical center and a hospital to comply with the personnel 35 -20- SF 2384.4640 (4) 89 ns/tm 20/ 25
requirements. 1 c. The capacity of the ambulatory surgical center and a 2 hospital to respond to medical complications and emergencies 3 that may arise from the surgical service. 4 d. The proximity of the ambulatory surgical center to a 5 hospital and the protocols in place for transfer of a patient 6 from the ambulatory surgical center to the hospital for 7 emergency care. 8 e. The type of anesthesia generally used for the patient’s 9 surgical service and the capacity of the ambulatory surgical 10 center and a hospital to comply with requirements relative to 11 the use of anesthesia. 12 2. For the purposes of this section: 13 a. “Ambulatory surgical center” means a distinct facility 14 that operates exclusively for the purpose of providing surgical 15 services to patients not requiring hospitalization and in which 16 the expected duration of services does not exceed twenty-four 17 hours following an admission. “Ambulatory surgical center” 18 includes a facility that otherwise meets the definition of 19 ambulatory surgical center whether or not licensed, certified, 20 or accredited as an ambulatory surgical center and which may 21 or may not operate on a partially cash-only or completely 22 cash-only basis. “Ambulatory surgical center” does not include 23 individual or group practice offices of private physicians 24 or podiatrists that do not contain a distinct area used for 25 outpatient surgical treatment on a regular basis, or that 26 only provide surgery routinely provided in a physician’s 27 or podiatrist’s office using local anesthesia or conscious 28 sedation; individual or group practice offices of private 29 dentists; or a portion of a licensed hospital designated for 30 outpatient surgical treatment. 31 b. “Health care provider” means a person who is licensed, 32 certified, or otherwise authorized or permitted by the laws of 33 this state to administer health care in the ordinary course of 34 business or in the practice of a profession. 35 -21- SF 2384.4640 (4) 89 ns/tm 21/ 25
c. “Hospital” means the same as defined in section 135B.1. 1 3. A health care provider who violates this section is 2 subject to licensee discipline by the appropriate licensing or 3 disciplinary authority. 4 DIVISION XII 5 HEALTH CARE EMPLOYMENT AGENCIES 6 Sec. 49. RETROACTIVE APPLICABILITY. 2022 Iowa Acts, House 7 File 2521, applies retroactively to any contract between a 8 health care employment agency and an agency worker or health 9 care entity referred to under section 135Q.2, subsection 3, as 10 enacted by 2022 Iowa Acts, House File 2521, that was entered 11 into or executed on or after January 1, 2019. 12 DIVISION XIII 13 PHYSICAL EXAMINATIONS BY LICENSED PHYSICIANS 14 Sec. 50. Section 237A.12, Code 2022, is amended by adding 15 the following new subsection: 16 NEW SUBSECTION . 6. Rules adopted relating to physical 17 examination requirements for licensed or registered facility 18 personnel and the children being provided child care by the 19 licensed or registered facility shall allow for any licensed 20 physician as defined in section 135.1 to perform the physical 21 examination. 22 DIVISION XIV 23 BEVERAGE CONTAINERS CONTROL 24 Sec. 51. Section 455C.2, subsection 2, paragraph b, if 25 enacted by 2022 Iowa Acts, Senate File 2378, section 4, is 26 amended to read as follows: 27 b. A distributor who pays a handling fee for beverage 28 containers a beverage container that was sold for consumption 29 off the premises and that used to contain beer, including 30 high-alcoholic content beer, may claim a refund of the barrel 31 tax established in section 123.136 paid by the distributor 32 in the amount of one cent for each such beverage container 33 accepted by the distributor . The department of revenue shall 34 prescribe forms for a distributor to use to claim a refund 35 -22- SF 2384.4640 (4) 89 ns/tm 22/ 25
under this paragraph. Identifying information collected by the 1 department of revenue pursuant to this paragraph that can be 2 used to identify a specific distributor shall be considered 3 confidential information pursuant to section 22.7, subsection 4 75. 5 Sec. 52. EFFECTIVE DATE. This division of this Act takes 6 effect January 1, 2023. 7 DIVISION XV 8 FUNERAL SERVICES —— CORRECTION 9 Sec. 53. Section 523A.505, subsection 1, as enacted by 2022 10 Iowa Acts, House File 2155, section 4, is amended to read as 11 follows: 12 1. A sales agent, and any person who owns at least five 13 percent of a preneed seller business, shall have an ongoing 14 duty to disclose to the commissioner all felony crimes and 15 those misdemeanor-level crimes involving dishonesty or false 16 statement for which the sales agent or person has been found 17 guilty, or for which the sales agent or person has pled 18 guilty or no contest. Such disclosure shall be made to the 19 commissioner within thirty calendar days of the date that 20 the sales agent or person has been found guilty by a court 21 of competent jurisdiction, or of the date the sales agent or 22 person pleads not guilty or no contest. 23 DIVISION XVI 24 COUNTY JURISDICTION —— CEMETERIES 25 Sec. 54. Section 331.325, subsection 3, Code 2022, is 26 amended by adding the following new paragraph: 27 NEW PARAGRAPH . d. A cemetery that does not otherwise 28 qualify to be under the jurisdiction and control of a county 29 board of supervisors or county cemetery commission may 30 designate a portion of the cemetery as a pioneer section if at 31 least fifty percent of the burials in that portion occurred 32 at least one hundred years prior to the designation. Upon 33 approval by the cemetery, the county board of supervisors, and 34 the county cemetery commission, the county cemetery commission 35 -23- SF 2384.4640 (4) 89 ns/tm 23/ 25
may use its resources to restore and maintain the pioneer 1 section of the cemetery as though that section was a pioneer 2 cemetery. However, a cemetery with a designated pioneer 3 section and the pioneer section itself shall not be considered 4 a pioneer cemetery. 5 Sec. 55. NEW SECTION . 523I.403 Pioneer section —— 6 management by county cemetery commission. 7 A cemetery may designate a portion of the cemetery as a 8 pioneer section to be restored and maintained by the county 9 cemetery commission as provided in section 331.325, subsection 10 3, paragraph “d” . 11 DIVISION XVII 12 HOME-BASED BUSINESSES 13 Sec. 56. Section 137D.1, subsection 4, unnumbered paragraph 14 1, Code 2022, as amended by 2022 Iowa Acts, House File 2431, 15 section 2, if enacted, is amended to read as follows: 16 “Homemade food item” means a food that is produced and, if 17 packaged, packaged at a home food processing establishment. 18 “Homemade food item” includes food that is not time/temperature 19 control for safety food, but does not include such food if 20 produced and sold under section 137F.20. “Homemade food item” 21 does not include unpasteurized fruit or vegetable juice, raw 22 sprout seeds, foods containing game animals, fish or shellfish, 23 alcoholic beverages, bottled water, packaged ice, consumable 24 hemp products, food that will be further processed by a food 25 processing plant, time/temperature control for safety food 26 packaged using a reduced oxygen packaging method, milk or milk 27 products regulated under chapter 192 or 194 , and meat, meat 28 food products, poultry, or poultry products regulated under 29 chapter 189A, except for any of the following products when 30 sold directly to the end consumer: 31 Sec. 57. Section 137F.1, subsection 2A, paragraph a, if 32 enacted by 2022 Iowa Acts, House File 2431, section 8, is 33 amended to read as follows: 34 a. Milk or milk products regulated under chapter 192 or 35 -24- SF 2384.4640 (4) 89 ns/tm 24/ 25
194 . > 1 2. Title page, by striking lines 1 through 5 and 2 inserting < An Act relating to state and local finances by 3 making appropriations, providing for legal and regulatory 4 responsibilities, providing for other properly related matters, 5 providing penalties, making penalties applicable, and including 6 effective date, applicability, and retroactive applicability 7 provisions. > 8 ______________________________ JACK WHITVER -25- SF 2384.4640 (4) 89 ns/tm 25/ 25 #2.