House File 2574 H-8279 Amend House File 2574 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 SOIL CONSERVATION AND WATER QUALITY COMMITTEE 5 Section 1. Section 159.5, subsection 12, Code 2024, is 6 amended to read as follows: 7 12. Create and maintain a division of soil conservation 8 and water quality as provided in chapter 161A . The division’s 9 director shall be appointed by the secretary from a list of 10 names of persons recommended by the soil conservation and water 11 quality committee, pursuant to section 161A.4 , and shall serve 12 at the pleasure of the secretary. The director shall be the 13 administrator responsible for carrying out the provisions of 14 chapters 207 and 208 . 15 Sec. 2. Section 161A.3, subsection 4, Code 2024, is amended 16 to read as follows: 17 4. “Committee” means the state soil conservation and water 18 quality committee established in section 161A.4 161A.4A . 19 Sec. 3. Section 161A.4, subsections 1, 6, and 7, Code 2024, 20 are amended to read as follows: 21 1. The division of soil conservation and water quality 22 created within the department pursuant to section 159.5 shall 23 perform the functions conferred upon it in this chapter and 24 chapters 161C , 161E , 161F , 207 , and 208 , and 466B . The division 25 shall be administered in accordance with the policies of the 26 committee, which shall advise the division and which shall 27 approve administrative rules proposed by the division for 28 the administration of this chapter and chapters 161C , 161E , 29 161F , 207 , and 208 before the rules are adopted pursuant to 30 section 17A.5 . If a difference exists between the committee 31 and secretary regarding the content of a proposed rule, the 32 secretary shall notify the chairperson of the committee of 33 the difference within thirty days from the committee’s action 34 on the rule. The secretary and the committee shall meet to 35 -1- HF 2574.4054 (3) 90 ss/ns 1/ 237 #1.
resolve the difference within thirty days after the secretary 1 provides the committee with notice of the difference. 2 6. a. The committee division may perform acts, hold public 3 hearings, and propose and approve rules pursuant to chapter 17A 4 as necessary for the execution of its functions. 5 b. The committee shall recommend to the secretary each year 6 a budget for the division. The secretary, at the earliest 7 opportunity and prior to formulating a budget, shall meet with 8 representatives of the committee to discuss the committee’s 9 recommendation. 10 c. The committee shall recommend three persons to the 11 secretary of agriculture who shall appoint from the persons 12 recommended a director to head the division and serve at 13 the pleasure of the secretary. After reviewing the names 14 submitted, the secretary may request that the committee submit 15 additional names for consideration. 16 7. The committee or division may call upon the attorney 17 general of the state for necessary legal services. The 18 committee may delegate to its chairperson, to one or more of 19 its members, or to one or more agents or employees, powers and 20 duties as it deems proper. Upon request of the committee, for 21 the purpose of carrying out any of the functions assigned the 22 committee or the department by law, the supervising officer 23 of any state agency, or of any state institution of learning 24 shall, insofar as possible under available appropriations, 25 and having due regard to the needs of the agency to which the 26 request is directed, assign or detail the request to the staff 27 or personnel of the agency or institution of learning, and 28 make the special reports, surveys, or studies as the committee 29 requests. 30 Sec. 4. Section 161A.4, subsections 4 and 5, Code 2024, are 31 amended by striking the subsections. 32 Sec. 5. NEW SECTION . 161A.4A State soil conservation and 33 water quality committee. 34 1. A state soil conservation and water quality committee 35 -2- HF 2574.4054 (3) 90 ss/ns 2/ 237
is established within the department. The committee exists to 1 provide expert advice and consultation related to technical 2 and financial assistance programs administered by the division 3 and promote the installation of soil and water conservation 4 practices to the citizens of the state of Iowa. 5 a. The members of the committee shall be appointed by the 6 secretary of agriculture and shall include the following: 7 (1) Six of the members shall be persons engaged in actual 8 farming operations, each of whom shall be a resident of one 9 of six different geographic regions in the state, including 10 northwest, southwest, north central, south central, northeast, 11 and southeast Iowa. One member shall be actively engaged in 12 tree farming. The boundaries of the geographic regions shall 13 be established by the department by rule. 14 (2) One member shall be an elected commissioner from a soil 15 and water conservation district. 16 (3) One member shall be a representative of the mining 17 industry. 18 (4) One member shall be a representative of cities and 19 towns. 20 (5) One member shall be a representative of an organization 21 working in conservation or outdoor recreation. 22 (6) One member shall be a representative of agribusiness. 23 (7) One member shall be a representative of an engineering 24 or contracting business engaged in conservation work. 25 b. The following shall serve as ex officio, nonvoting 26 members of the committee: 27 (1) The director of the Iowa cooperative extension service 28 in agriculture and home economics, or the director’s designee. 29 (2) The director of the department of natural resources, or 30 the director’s designee. 31 (3) The state conservationist for the state of Iowa of the 32 natural resources conservation service. 33 2. a. The committee shall designate its chairperson, and 34 may change the designation. The members appointed by the 35 -3- HF 2574.4054 (3) 90 ss/ns 3/ 237
secretary of agriculture shall serve for a period of two years. 1 Members designated to represent the director of the department 2 of natural resources and the director of the Iowa cooperative 3 extension service in agriculture and home economics shall serve 4 at the pleasure of the officer making the designation. 5 b. Members are entitled to actual expenses necessarily 6 incurred in the discharge of their duties as members of the 7 committee. The expenses paid to the committee members shall be 8 paid from moneys appropriated to the department. Each member 9 of the committee may also be eligible to receive compensation 10 as provided in section 7E.6. The committee shall provide for 11 the keeping of a full and accurate record of all proceedings. 12 Sec. 6. Section 161A.5, subsection 1, Code 2024, is amended 13 to read as follows: 14 1. The one hundred soil and water conservation districts 15 established in the manner which was prescribed by law prior to 16 July 1, 1975 shall continue in existence with the boundaries 17 and the names in effect on July 1, 1975. If the existence of 18 a district so established is discontinued pursuant to section 19 161A.10 , a petition for reestablishment of the district or for 20 annexation of the former district’s territory to any other 21 abutting district may be submitted to, and shall be acted upon 22 by, the committee division in substantially the manner provided 23 by section 467A.5, Code 1975 . 24 Sec. 7. Section 161A.5, subsection 2, paragraph c, Code 25 2024, is amended to read as follows: 26 c. If a commissioner is absent for sixty or more percent 27 of monthly meetings during any twelve-month period, the other 28 commissioners by their unanimous vote may declare the member’s 29 office vacant. A vacancy in the office of commissioner shall 30 be filled by appointment of the committee remaining members 31 of the district until the next succeeding general election, 32 at which time the balance of the unexpired term shall be 33 filled as provided by section 69.12 . Within thirty days of 34 an appointment pursuant to this paragraph, the district shall 35 -4- HF 2574.4054 (3) 90 ss/ns 4/ 237
notify the division of any change to its membership. 1 Sec. 8. Section 161A.7, subsection 1, paragraph k, Code 2 2024, is amended to read as follows: 3 k. Subject to the approval of the committee division , to 4 change the name of the soil and water conservation district. 5 Sec. 9. Section 161A.7, subsection 1, paragraph n, 6 subparagraph (1), unnumbered paragraph 1, Code 2024, is amended 7 to read as follows: 8 The district plan shall contain a comprehensive long-range 9 assessment of soil and surface water resources in the district 10 consistent with rules approved by the committee division under 11 section 161A.4 . In developing the plan the district may 12 receive technical support from the United States department 13 of agriculture natural resources conservation service and the 14 county board of supervisors in the county where the district 15 is located. The division and the Iowa cooperative extension 16 service in agriculture and home economics may provide technical 17 support to the district. The support may include but is not 18 limited to the following: 19 Sec. 10. Section 161A.7, subsection 1, paragraph n, 20 subparagraph (2), Code 2024, is amended to read as follows: 21 (2) The title page of the district plan and a notification 22 stating where the plan may be reviewed shall be recorded with 23 the recorder in the county in which the district is located, 24 and updated as necessary, after the committee director of the 25 division approves and the director of the division signs the 26 district plan. The commissioners shall provide notice of the 27 recording and may provide a copy of the approved district plan 28 to the county board of supervisors in the county where the 29 district is located. The district plan shall be filed with 30 the division as part of the state soil and water resource 31 conservation plan provided in section 161A.4 . 32 Sec. 11. Section 161A.7, subsection 3, Code 2024, is amended 33 to read as follows: 34 3. The commissioners, as a condition for the receipt of 35 -5- HF 2574.4054 (3) 90 ss/ns 5/ 237
any state cost-sharing funds for permanent soil conservation 1 practices, shall require the owner of the land on which the 2 practices are to be established to covenant and file, in the 3 office of the district of the county in which the land is 4 located, an agreement identifying the particular lands upon 5 which the practices for which state cost-sharing funds are to 6 be received will be established, and providing that the project 7 will not be removed, altered, or modified so as to lessen 8 its effectiveness without the consent of the commissioners, 9 obtained in advance and based on guidelines drawn up by the 10 committee division , for a period not to exceed twenty years 11 after the date of receiving payment. The commissioners shall 12 assist the division in the enforcement of this subsection . 13 The agreement does not create a lien on the land, but is a 14 charge personally against the owner of the land at the time of 15 removal, alteration, or modification if an administrative order 16 is made under section 161A.61, subsection 3 . 17 Sec. 12. Section 161A.10, Code 2024, is amended to read as 18 follows: 19 161A.10 Discontinuance of districts. 20 1. At any time after five years after the organization of 21 a district under this chapter , any twenty-five owners of land 22 lying within the boundaries of the district, but in no case 23 less than twenty percent of the owners of land lying within 24 the district, may file a petition with the committee division 25 asking that the operations of the district be terminated and 26 the existence of the district discontinued. The committee 27 division may conduct public meetings and public hearings upon 28 the petition as necessary to assist in the consideration of 29 the petition. Within sixty days after a petition has been 30 received by the committee division , the division shall give 31 due notice of the holding of a referendum, shall supervise the 32 referendum, and shall issue appropriate rules governing the 33 conduct of the referendum. The question is to be submitted by 34 ballots upon which the words “For terminating the existence of 35 -6- HF 2574.4054 (3) 90 ss/ns 6/ 237
the ..... (name of the soil and water conservation district to 1 be here inserted)” and “Against terminating the existence of 2 the ..... (name of the soil and water conservation district to 3 be here inserted)” shall be printed, with a square before each 4 proposition and a direction to insert an X mark in the square 5 before one or the other of the propositions as the voter favors 6 or opposes discontinuance of the district. All owners of lands 7 lying within the boundaries of the district are eligible to 8 vote in the referendum. No informalities in the conduct of 9 the referendum or in any matters relating to the referendum 10 invalidate the referendum or the result of the referendum if 11 notice was given substantially as provided in this section and 12 if the referendum was fairly conducted. 13 2. When sixty-five percent of the landowners vote to 14 terminate the existence of the district, the committee 15 division shall advise the commissioners to terminate the 16 affairs of the district. The commissioners shall dispose of 17 all property belonging to the district at public auction and 18 shall pay over the proceeds of the sale to be deposited into 19 the state treasury. The commissioners shall then file an 20 application, duly verified, with the secretary of state for the 21 discontinuance of the district, and shall transmit with the 22 application the certificate of the committee division setting 23 forth the determination of the committee division that the 24 continued operation of the district is not administratively 25 practicable and feasible. The application shall recite that 26 the property of the district has been disposed of and the 27 proceeds paid over as provided in this section , and shall set 28 forth a full accounting of the properties and proceeds of the 29 sale. The secretary of state shall issue to the commissioners 30 a certificate of dissolution and shall record the certificate 31 in an appropriate book of record in the secretary of state’s 32 office. 33 3. Upon issuance of a certificate of dissolution under this 34 section , all ordinances and regulations previously adopted 35 -7- HF 2574.4054 (3) 90 ss/ns 7/ 237
and in force within the districts are of no further force and 1 effect. All contracts previously entered into, to which the 2 district or commissioners are parties, remain in force and 3 effect for the period provided in the contracts. The committee 4 division is substituted for the district or commissioners as 5 party to the contracts. The committee division is entitled to 6 all benefits and subject to all liabilities under the contracts 7 and has the same right and liability to perform, to require 8 performance, to sue and be sued, and to modify or terminate the 9 contracts by mutual consent or otherwise, as the commissioners 10 of the district would have had. 11 4. The committee division shall not entertain petitions for 12 the discontinuance of any district nor conduct referenda upon 13 discontinuance petitions nor make determinations pursuant to 14 the petitions in accordance with this chapter , more often than 15 once in five years. 16 Sec. 13. Section 161A.22, subsection 2, Code 2024, is 17 amended to read as follows: 18 2. The governing body of the subdistrict, upon 19 determination that benefits from works of improvement as set 20 forth in the watershed work plan to be installed will exceed 21 costs thereof, and that funds needed for purposes of the 22 subdistrict require levy of a special benefit assessment as 23 provided in section 161A.23 , in lieu of the special annual 24 tax as provided in section 161A.20 , shall record its decision 25 to use its taxing authority and, upon majority vote of the 26 governing body and with the approval of the committee division , 27 may issue warrants or bonds payable in not more than forty 28 semiannual installments in connection with the special benefit 29 assessment, and pledge and assign the proceeds of the special 30 benefit assessment and other revenues of the subdistrict as 31 security for the warrants or bonds. The warrants and bonds of 32 indebtedness are general obligations of the subdistrict, exempt 33 from all taxes, state and local, and are not indebtedness of 34 the district or the state of Iowa. 35 -8- HF 2574.4054 (3) 90 ss/ns 8/ 237
Sec. 14. Section 161A.42, subsection 9, paragraphs a and b, 1 Code 2024, are amended to read as follows: 2 a. “Permanent soil and water conservation practices” means 3 planting of perennial grasses, legumes, shrubs, or trees, the 4 establishment of grassed waterways, and the construction of 5 terraces, or other permanent soil and water practices approved 6 by the committee division . 7 b. “Temporary soil and water conservation practices” means 8 planting of annual or biennial crops, use of strip-cropping, 9 contour planting, or minimum or mulch tillage, and any other 10 cultural practices approved by the committee division . 11 Sec. 15. Section 161A.44, unnumbered paragraph 1, Code 12 2024, is amended to read as follows: 13 The commissioners of each district shall, with approval 14 of and within time limits set by administrative order of 15 the committee division , adopt reasonable regulations as are 16 deemed necessary to establish a soil loss limit or limits for 17 the district and provide for the implementation of the limit 18 or limits. A district may subsequently amend or repeal its 19 regulations as it deems necessary. The committee division 20 shall review the soil loss limit regulations adopted by the 21 districts at least once every five years, and shall recommend 22 changes in the regulations of a district which the committee 23 division deems necessary to assure that the district’s soil 24 loss limits are reasonable and attainable. The commissioners 25 may: 26 Sec. 16. Section 161A.44, subsection 2, Code 2024, is 27 amended to read as follows: 28 2. Establish different soil loss limits for different 29 classes of land in the district if in their judgment and that 30 of the committee division a lower soil loss limit should be 31 applied to some land than can reasonably be applied to other 32 land in the district, it being the intent of the general 33 assembly that no land in the state be assigned a soil loss 34 limit that cannot reasonably be applied to such land. 35 -9- HF 2574.4054 (3) 90 ss/ns 9/ 237
Sec. 17. Section 161A.45, Code 2024, is amended to read as 1 follows: 2 161A.45 Submission of regulations to committee division —— 3 hearing. 4 Regulations which the commissioners propose to adopt, 5 amend, or repeal shall be submitted to the committee division , 6 in a form prescribed by the committee division , for its 7 approval. The committee division may approve the regulations 8 as submitted, or with amendments as it deems necessary. The 9 commissioners shall, after approval, publish notice of hearing 10 on the proposed regulations, as approved, in a newspaper 11 of general circulation in the district, setting a date and 12 time not less than ten nor more than thirty days after the 13 publication when a hearing on the proposed regulations will 14 be held at a specified place. The notice shall include the 15 full text of the proposed regulations or shall state that the 16 proposed regulations are on file and available for review 17 at the office of the affected soil and water conservation 18 district. 19 Sec. 18. Section 161A.46, Code 2024, is amended to read as 20 follows: 21 161A.46 Conduct of hearing. 22 At the hearing, the commissioners or their designees shall 23 explain, in reasonable detail, the reasons why adoption, 24 amendment, or repeal of the regulations is deemed necessary or 25 advisable. Any landowner, or any occupant of land who would be 26 affected by the regulations, shall be afforded an opportunity 27 to be heard for or against the proposed regulations. At the 28 conclusion of the hearing, the commissioners shall announce 29 and enter of record their decision whether to adopt or modify 30 the proposed regulations. Any modification must be approved 31 by the committee division , which may at its discretion order 32 the commissioners to republish the regulations and hold another 33 hearing in the manner prescribed by this chapter . 34 Sec. 19. Section 161A.71, subsections 1 and 4, Code 2024, 35 -10- HF 2574.4054 (3) 90 ss/ns 10/ 237
are amended to read as follows: 1 1. The division may establish a conservation practices 2 revolving loan fund composed of any money appropriated by the 3 general assembly for that purpose, and of any other moneys 4 available to and obtained or accepted by the committee division 5 from the federal government or private sources for placement 6 in that fund. Except as otherwise provided by subsection 3 , 7 the assets of the conservation practices revolving loan fund 8 shall be used only to make loans directly to owners of land in 9 this state for the purpose of establishing on that land any 10 new permanent soil and water conservation practice which the 11 commissioners of the soil and water conservation district in 12 which the land is located have found is necessary or advisable 13 to meet the soil loss limits established for that land. A 14 loan shall not be made for establishing a permanent soil and 15 water conservation practice on land that is subject to the 16 restriction on state cost-sharing funds of section 161A.76 . 17 Revolving loan funds and public cost-sharing funds may be 18 used in combination for funding a particular soil and water 19 conservation practice. Each loan made under this section 20 shall be for a period not to exceed ten years, shall bear no 21 interest, and shall be repayable to the conservation practices 22 revolving loan fund in equal yearly installments due March 1 of 23 each year the loan is in effect. The interest rate upon loans 24 for which payment is delinquent shall accelerate immediately to 25 the current legal usury limit. Applicants are eligible for no 26 more than twenty thousand dollars in loans outstanding at any 27 time under this program. “Permanent soil and water conservation 28 practices” has the same meaning as defined in section 161A.42 29 and those established under this program are subject to the 30 requirements of section 161A.7, subsection 3 . Loans made under 31 this program shall come due for payment upon sale of the land 32 on which those practices are established. 33 4. This section does not negate the provisions of 34 section 161A.48 that an owner or occupant of land in this 35 -11- HF 2574.4054 (3) 90 ss/ns 11/ 237
state shall not be required to establish any new soil and 1 water conservation practice unless public cost-sharing 2 funds have been approved and are available for the land 3 affected. However, the owner of land with respect to which an 4 administrative order to establish soil and water conservation 5 practices has been issued under section 161A.47 but not 6 complied with for lack of public cost-sharing funds, may waive 7 the right to await availability of such funds and instead apply 8 for a loan under this section to establish any permanent soil 9 and water conservation practices necessary to comply with the 10 order. If a landowner does so, that loan application shall be 11 given reasonable preference by the committee division if there 12 are applications for more loans under this section than can be 13 made from the money available in the conservation practices 14 revolving loan fund. If it is found necessary to deny an 15 application for a soil and water conservation practices loan to 16 a landowner who has waived the right to availability of public 17 cost-sharing funds before complying with an administrative 18 order issued under section 161A.47 , the landowner’s waiver is 19 void. 20 Sec. 20. Section 161A.71, subsection 3, paragraph a, Code 21 2024, is amended to read as follows: 22 a. Contract, sue and be sued, and promulgate administrative 23 rules necessary to carry out the provisions of this section , 24 but the committee division shall not in any manner directly or 25 indirectly pledge the credit of the state of Iowa. 26 Sec. 21. Section 161A.72, subsection 1, Code 2024, is 27 amended to read as follows: 28 1. Financial incentives provided under this chapter shall 29 be administered by the division. The incentives shall be 30 supported with funds appropriated by the general assembly, 31 and moneys available to or obtained by the division or the 32 committee from public or private sources, including but 33 not limited to the United States, other states, or private 34 organizations. The division shall adopt all rules consistent 35 -12- HF 2574.4054 (3) 90 ss/ns 12/ 237
with chapter 17A necessary to carry out the purpose of this 1 subchapter as provided in section 161A.70 . 2 Sec. 22. Section 161A.74, subsection 1, paragraph a, Code 3 2024, is amended to read as follows: 4 a. The financial incentives shall not exceed more than fifty 5 percent of the estimated cost of establishing the practices 6 as determined by the commissioners, or fifty percent of the 7 actual cost of establishing the practices, whichever is less. 8 However, the commissioners may allocate an amount determined 9 by the committee division for management of soil and water 10 conservation practices, except as otherwise provided regarding 11 land classified as agricultural land under conservation cover. 12 Sec. 23. Section 161A.74, subsection 2, Code 2024, is 13 amended to read as follows: 14 2. The committee division shall review requirements of this 15 section once each year. The committee division may authorize 16 commissioners in districts to condition the establishment of a 17 mandatory soil and water conservation practice in a specific 18 case on a higher proportion of public cost-sharing than is 19 required by this section . The commissioners shall determine 20 the amount of cost-sharing moneys allocated to establish a 21 specific soil and water conservation practice in accordance 22 with an administrative order issued pursuant to section 161A.47 23 by considering the extent to which the practice will contribute 24 benefits to the individual owner or occupant of the land on 25 which the practice is to be established. 26 Sec. 24. Section 161A.75, subsection 3, Code 2024, is 27 amended to read as follows: 28 3. Following the disaster emergency, the commissioners 29 shall submit a report to the committee division providing 30 information regarding restoration projects and moneys allocated 31 under this section for the projects. 32 Sec. 25. Section 161C.1, subsection 1, Code 2024, is amended 33 by striking the subsection. 34 Sec. 26. Section 161C.4, subsection 1, Code 2024, is amended 35 -13- HF 2574.4054 (3) 90 ss/ns 13/ 237
to read as follows: 1 1. A water protection fund is created within the division. 2 The fund is composed of money appropriated by the general 3 assembly for that purpose, and moneys available to and obtained 4 or accepted by the committee division from the United States or 5 private sources for placement in the fund. The fund shall be a 6 revolving fund from which moneys may be used for loans, grants, 7 administrative costs, and cost-sharing. 8 Sec. 27. Section 161C.4, subsection 3, paragraph a, Code 9 2024, is amended to read as follows: 10 a. Contract, sue and be sued, and adopt rules necessary to 11 carry out the provisions of this section , but the division or 12 committee shall not in any manner directly or indirectly pledge 13 the credit of this state. 14 Sec. 28. Section 207.2, subsection 2, Code 2024, is amended 15 by striking the subsection. 16 Sec. 29. Section 207.3, subsections 2, 3, and 4, Code 2024, 17 are amended to read as follows: 18 2. The division may , after notification to the committee, 19 commence proceedings to suspend, revoke, or refuse to renew a 20 license of a licensee for repeated or willful violation of any 21 of the provisions of this chapter or of the federal Coal Mine 22 Health and Safety Act of 1969, 30 U.S.C. §801 et seq. 23 3. The hearing shall be held pursuant to chapter 17A not 24 less than fifteen nor more than thirty days after the mailing 25 or service of the notice. If the licensee is found to have 26 willfully or repeatedly violated any of the provisions of this 27 chapter or of the federal Coal Mine Health and Safety Act of 28 1969, 30 U.S.C. §801 et seq., the committee division may affirm 29 or modify the proposed suspension, revocation, or refusal to 30 renew the license. 31 4. Suspension or revocation of a license shall become 32 effective thirty days after the mailing or service of the 33 decision to the licensee. If the committee division finds 34 the license should not be renewed, the renewal fee shall be 35 -14- HF 2574.4054 (3) 90 ss/ns 14/ 237
refunded and the license shall expire on the expiration date 1 or thirty days after mailing or service of the decision to the 2 licensee, whichever is later. 3 Sec. 30. Section 207.9, subsection 5, Code 2024, is amended 4 to read as follows: 5 5. Within sixty days a person having an interest which is 6 or may be adversely affected may appeal to the committee the 7 decision of the division granting or denying a permit as a 8 contested case under chapter 17A . 9 Sec. 31. Section 207.14, subsection 4, paragraph a, Code 10 2024, is amended to read as follows: 11 a. A permittee may request in writing an appeal to the 12 committee division of a decision made in a hearing under 13 subsection 3 within thirty days of the decision. The committee 14 division shall review the record made in the contested case 15 hearing, and may hear additional evidence upon a showing of 16 good cause for failure to present the evidence in the hearing, 17 or if evidence concerning events occurring after the hearing 18 is deemed relevant to the proceeding. However, the committee 19 division shall not review a decision in a proceeding if the 20 division seeks to collect a civil penalty pursuant to section 21 207.15 , and those decisions are final agency actions subject to 22 direct judicial review as provided in chapter 17A . 23 Sec. 32. Section 207.14, subsection 5, Code 2024, is amended 24 to read as follows: 25 5. In any administrative proceeding under this chapter 26 or judicial review, the amount of all reasonable costs and 27 expenses, including reasonable attorney fees incurred by a 28 person in connection with the person’s participation in the 29 proceedings or judicial review, may be assessed against either 30 party as the court in judicial review or the committee division 31 in administrative proceedings deems proper. 32 Sec. 33. Section 207.14, subsection 7, paragraph a, Code 33 2024, is amended to read as follows: 34 a. A permittee issued a notice or order under this section 35 -15- HF 2574.4054 (3) 90 ss/ns 15/ 237
or any person having an interest which is or may be adversely 1 affected by the notice or order or by its modification, 2 vacation, or termination may apply to the committee division 3 for review within thirty days of receipt of the notice or 4 order or within thirty days of its modification, vacation, or 5 termination. The review shall be treated as a contested case 6 under chapter 17A . 7 Sec. 34. Section 207.14, subsection 7, paragraph c, 8 subparagraph (2), Code 2024, is amended to read as follows: 9 (2) The applicant shows that there is substantial 10 likelihood that the findings of the committee division will be 11 favorable to the applicant. 12 Sec. 35. Section 208.2, subsection 3, Code 2024, is amended 13 by striking the subsection. 14 Sec. 36. Section 208.8, subsections 2, 4, 5, and 6, Code 15 2024, are amended to read as follows: 16 2. The division shall, by certified mail or personal 17 service, serve on the operator notice in writing of the charges 18 and grounds upon which the license is to be suspended, revoked, 19 or will not be issued. The notice shall include the time 20 and the place at which a hearing shall be held before the 21 committee, a subcommittee appointed by the committee, or the 22 committee’s designee, division to determine whether to suspend, 23 revoke, or refuse to issue the license. The hearing shall 24 be not less than fifteen nor more than thirty days after the 25 mailing or service of the notice. 26 4. If after full investigation and hearing the operator 27 is found to have willfully or repeatedly violated any of the 28 provisions of this chapter , the committee or subcommittee 29 division may affirm or modify the proposed suspension, 30 revocation, or refusal to issue the license. 31 5. When the committee or subcommittee division finds that 32 a license should be suspended or revoked or should not be 33 issued, the division shall so notify the operator in writing by 34 certified mail or by personal service. 35 -16- HF 2574.4054 (3) 90 ss/ns 16/ 237
a. The suspension or revocation of a license shall become 1 effective thirty days after notice to the operator. 2 b. If the license or renewal fee has been paid and the 3 committee or subcommittee division finds that the license 4 should not be issued, then the license shall expire thirty days 5 after notice to the operator. 6 6. An action by the committee or subcommittee division 7 to affirm or modify the proposed suspension, revocation, or 8 refusal to issue a license constitutes a final agency action 9 for purposes of judicial review pursuant to section 208.11 and 10 chapter 17A . 11 Sec. 37. Section 208.9, subsection 3, Code 2024, is amended 12 to read as follows: 13 3. The division shall automatically invalidate all 14 registrations of an operator who fails to renew the operator’s 15 mining license within a time period set by the division, 16 who has been denied license renewal by the committee or 17 subcommittee division , or whose license has been suspended or 18 revoked by the committee or subcommittee division . 19 Sec. 38. Section 208.11, Code 2024, is amended to read as 20 follows: 21 208.11 Judicial review. 22 Judicial review of the action of the committee or division 23 may be sought in accordance with the terms of the Iowa 24 administrative procedure Act, chapter 17A . 25 Sec. 39. Section 460.303, subsection 1, Code 2024, is 26 amended to read as follows: 27 1. An agricultural drainage well water quality assistance 28 fund is created in the state treasury under the control of 29 the division. The fund is composed of moneys appropriated by 30 the general assembly, and moneys available to and obtained or 31 accepted by the division or the state soil conservation and 32 water quality committee established in section 161A.4 , from the 33 United States or private sources for placement in the fund. 34 Sec. 40. Section 461.11, subsection 1, Code 2024, is amended 35 -17- HF 2574.4054 (3) 90 ss/ns 17/ 237
to read as follows: 1 1. When making decisions regarding the expenditure of 2 trust fund moneys affecting soil and water conservation, the 3 secretary of agriculture shall regularly consult with the soil 4 conservation and water quality committee established in section 5 161A.4 161A.4A . When making decisions regarding the expenditure 6 of trust fund moneys affecting natural resources and outdoor 7 recreation, the director of the department of natural resources 8 shall regularly consult with the natural resource commission 9 established pursuant to section 455A.5 . When making decisions 10 regarding the expenditure of trust fund moneys affecting 11 trails, the department of transportation shall consult with the 12 state transportation commission as provided in chapter 307A . 13 DIVISION II 14 PROFESSIONAL LAND SURVEYORS —— LICENSING 15 Sec. 41. REPEAL. Section 542B.20, Code 2024, is repealed. 16 Sec. 42. TRANSITION PROVISIONS. A license issued pursuant 17 to section 542B.20, Code 2024, prior to the effective date of 18 this division of this Act shall continue in full force and 19 effect until expiration or until suspension or revocation by 20 the engineering and land surveying examining board pursuant to 21 section 542B.21. 22 DIVISION III 23 ESTABLISHMENT AND REVIEW OF BOARDS, COMMISSIONS, COMMITTEES, 24 AND COUNCILS 25 Sec. 43. NEW SECTION . 4A.1 Definitions. 26 As used in this chapter, unless the context otherwise 27 requires: 28 1. “Board” means any board, commission, committee, council, 29 panel, review team, or foundation of this state. 30 2. “Committee” means the state government efficiency review 31 committee established pursuant to this chapter. 32 3. “Nonhealth profession” means a profession regulated by 33 this state other than as provided in Title IV, subtitle 3. 34 4. “Regulated health profession” means a profession 35 -18- HF 2574.4054 (3) 90 ss/ns 18/ 237
regulated pursuant to Title IV, subtitle 3. 1 5. “Unregulated health profession” means a profession 2 pursuant to Title IV, subtitle 3, that is not regulated by any 3 entity of this state. 4 6. “Unregulated nonhealth profession” means a profession 5 that is not regulated by any entity of this state and is not an 6 unregulated health profession. 7 Sec. 44. NEW SECTION . 4A.2 Committee —— duties. 8 1. The committee shall carry out the functions provided in 9 this chapter. 10 2. Administrative assistance shall be provided by the 11 legislative services agency. 12 Sec. 45. NEW SECTION . 4A.3 Board reviews. 13 1. The committee shall review the usefulness, performance, 14 and efficacy of each board as provided in subsection 2. The 15 committee shall hold hearings to receive the testimony of the 16 public, the chief executive officer of the board, and any other 17 person deemed necessary by the committee. After completing a 18 review, the committee shall prepare and publish a report of its 19 findings and recommendations as provided in section 4A.4. 20 2. The committee shall establish a schedule for the 21 committee to review each board such that the committee reviews 22 approximately one-fourth of all boards each calendar year. 23 Each board shall be reviewed once between the calendar years 24 2025 and 2029, and once every four years thereafter. The 25 committee may modify the schedule as necessary to facilitate 26 the efficient administration of the committee. 27 3. A board that is scheduled for review shall submit a 28 report to the committee thirty days prior to the date that it 29 is scheduled for review that includes all of the following 30 information: 31 a. The board’s primary purpose and its goals and objectives. 32 b. The board’s past and anticipated workload, the number of 33 staff required to complete that workload, and the board’s total 34 number of staff. 35 -19- HF 2574.4054 (3) 90 ss/ns 19/ 237
c. The board’s past and anticipated budgets and its sources 1 of funding. 2 d. The number of members that compose the governing board or 3 other governing entity of the board and member compensation, 4 if any. 5 4. A board subject to review shall bear the burden of 6 demonstrating to the committee a public need for its continued 7 existence. In determining whether a board has met that 8 burden, the committee shall consider all of the following, as 9 applicable: 10 a. Whether continuation of the board is necessary to protect 11 the health or safety of the public, and if so, whether the 12 board’s authority is narrowly tailored to protect against 13 present, recognizable, and significant harms to the health or 14 safety of the public. 15 b. Whether the public could be protected or served in an 16 alternate or less restrictive manner. 17 c. Whether the board serves a specific private interest. 18 d. Whether rules adopted by the board are consistent with 19 the legislative mandate of the board as expressed in the 20 statutes that created and empowered the board. 21 e. The extent to which the board’s jurisdiction and programs 22 overlap or duplicate those of other boards, the extent to which 23 the board coordinates with those other boards, and the extent 24 to which the board’s programs could be consolidated with the 25 programs of other state departments or boards. 26 f. The number of other states that regulate the occupation, 27 whether a license is required to engage in the occupation in 28 other states, whether the initial licensing and license renewal 29 requirements for the occupation are substantially equivalent 30 in every state, and the amount of regulation exercised by the 31 board compared to the regulation, if any, in other states. 32 g. Whether the board recognizes national uniform licensure 33 requirements for the occupation. 34 h. Whether private contractors could be used, in an 35 -20- HF 2574.4054 (3) 90 ss/ns 20/ 237
effective and efficient manner, either to assist the board in 1 the performance of its duties or to perform the board’s duties 2 in place of the board. 3 i. Whether the operation of the board has inhibited economic 4 growth, reduced efficiency, or increased government costs. 5 j. An assessment of the authority of the board regarding 6 fees, inspections, enforcement, and penalties. 7 k. The extent to which the board has permitted qualified 8 applicants to serve the public. 9 l. The extent to which the board has allowed individuals to 10 practice elements of the occupation without a license. 11 m. The cost-effectiveness of the board in terms of the 12 number of employees, services rendered, and administrative 13 costs incurred, both past and present. 14 n. Whether the board’s operation has been impeded or 15 enhanced by existing statutes and procedures and by budgetary, 16 resource, and personnel practices. 17 o. Whether the board has recommended statutory changes to 18 the general assembly that would benefit the public rather than 19 the individuals regulated by the board, if any, and whether the 20 board’s recommendations and other policies have been adopted 21 and implemented. 22 p. Whether the board has required any individuals subject to 23 the board’s regulations to report to the board the impact of 24 board rules and decisions on the public as they affect service 25 costs and service delivery. 26 q. Whether individuals regulated by the board, if any, have 27 been required to assess problems in their business operations 28 that affect the public. 29 r. Whether the board has encouraged public participation in 30 its rulemaking and decision making. 31 s. The efficiency with which formal public complaints filed 32 with the board have been processed to completion. 33 t. Whether the purpose for which the board was created has 34 been fulfilled, has changed, or no longer exists. 35 -21- HF 2574.4054 (3) 90 ss/ns 21/ 237
u. Whether federal law requires that the board exist in some 1 form. 2 v. An assessment of the administrative hearing process of 3 the board if the board has an administrative hearing process, 4 and whether the hearing process is consistent with due process 5 rights. 6 w. Whether the requirement for an occupational license 7 is consistent with the principles expressed in section 4A.4, 8 subsection 2, serves the public health or safety, and provides 9 the least restrictive form of regulation that adequately 10 protects the public health or safety. 11 x. The extent to which licensing ensures that practitioners 12 have occupational skill sets or competencies that are 13 substantially related to protecting consumers from present, 14 significant, and substantiated harms that threaten the public 15 health or safety, and the impact that those criteria have on 16 applicants for a license, particularly those with moderate or 17 low incomes, seeking to enter the occupation or profession. 18 y. The extent to which the requirement for the occupational 19 license stimulates or restricts competition, affects consumer 20 choice, and affects the cost of services. 21 z. An assessment of whether changes are needed in the 22 enabling laws of the board in order for the board to comply 23 with the criteria listed in this subsection. 24 Sec. 46. NEW SECTION . 4A.4 Reports. 25 1. After completing a review of a board pursuant to section 26 4A.3, the committee shall prepare and submit a report of its 27 findings and recommendations by December 21 of each year. 28 A report may include findings and recommendations for more 29 than one board. Copies of the report shall be submitted 30 to the president of the senate, the speaker of the house 31 of representatives, the governor, and each affected board, 32 and shall be made publicly available on the internet site 33 of the general assembly. The committee shall present its 34 recommendations to the general assembly. 35 -22- HF 2574.4054 (3) 90 ss/ns 22/ 237
2. Recommendations of the committee shall indicate how or 1 whether implementation of the recommendations would do each of 2 the following: 3 a. Improve efficiency in the management of state government. 4 b. Improve services rendered to citizens of the state. 5 c. Simplify and improve preparation of the state budget. 6 d. Conserve the natural resources of the state. 7 e. Promote the orderly growth of the state and its 8 government. 9 f. Promote occupational regulations to increase economic 10 opportunities, encourage competition, and encourage innovation. 11 g. Provide for the least restrictive regulations by 12 repealing current regulations and replacing them with less 13 restrictive regulations. 14 h. Improve the effectiveness of the services performed by 15 the boards of the state. 16 i. Avoid duplication of effort by state agencies or boards. 17 j. Improve the organization and coordination of the state 18 government. 19 Sec. 47. NEW SECTION . 4A.5 Boards and governmental entities 20 —— dissolution. 21 1. Except as provided in subsection 2, an Act of the general 22 assembly establishing a board after the effective date of this 23 division of this Act shall include a dissolution date for the 24 board not more than four years after the establishment of the 25 board. 26 2. An Act of the general assembly establishing a board for 27 the exclusive purpose of providing advice or recommendations 28 after the effective date of this division of this Act shall 29 include a dissolution date of the board not more than two years 30 after the establishment of the board. 31 Sec. 48. NEW SECTION . 4A.6 State government efficiency 32 review committee established. 33 1. A state government efficiency review committee is 34 established which shall meet as necessary to efficiently 35 -23- HF 2574.4054 (3) 90 ss/ns 23/ 237
review all boards according to the schedule established by the 1 committee pursuant to section 4A.3. 2 2. a. The committee shall consist of two members of the 3 senate appointed by the majority leader of the senate, one 4 member of the senate appointed by the minority leader of the 5 senate, two members of the house of representatives appointed 6 by the speaker of the house of representatives, one member of 7 the house of representatives appointed by the minority leader 8 of the house of representatives, an employee of the office 9 of the governor appointed by the governor, the director of 10 the department of management or the director’s designee, and 11 the director of the department of inspections, appeals, and 12 licensing, or the director’s designee. 13 b. Members shall be appointed prior to January 31 of the 14 first regular session of each general assembly and shall serve 15 for terms ending upon the convening of the following general 16 assembly or when their successors are appointed, whichever is 17 later. A vacancy shall be filled in the same manner as the 18 original appointment and shall be for the remainder of the 19 unexpired term of the vacancy. 20 c. The committee shall elect a chairperson and vice 21 chairperson. 22 3. The legislative members of the committee shall be 23 reimbursed for actual and necessary expenses incurred in the 24 performance of their duties and shall be paid a per diem as 25 specified in section 2.10 for each day in which they engaged 26 in the performance of their duties. However, per diem 27 compensation and expenses shall not be paid to members of the 28 general assembly when the general assembly is actually in 29 session at the seat of government. Expenses and per diem shall 30 be paid from moneys appropriated pursuant to section 2.12. 31 4. Administrative assistance shall be provided by the 32 legislative services agency. 33 Sec. 49. NEW SECTION . 4A.7 Regulation of unregulated health 34 professions. 35 -24- HF 2574.4054 (3) 90 ss/ns 24/ 237
1. An unregulated health profession shall not be subject 1 to regulation by any entity of this state for the purpose of 2 prohibiting competition but may be subject to such regulation 3 only for the exclusive purpose of protecting the public health 4 or safety. All proposed legislation to create a board or 5 commission to regulate an unregulated health profession shall 6 be reviewed by the general assembly to determine that all of 7 the following conditions are met: 8 a. There is credible evidence that the unregulated practice 9 of the unregulated health profession will clearly harm or 10 endanger the public health or safety and the potential for harm 11 is easily recognizable and not remote. 12 b. The public needs and can reasonably be expected 13 to benefit from an assurance of initial and continuing 14 professional ability. 15 c. The public cannot be effectively protected by other means 16 in a more cost-efficient manner. 17 2. Prior to considering proposed legislation to create 18 a board or commission to regulate an unregulated health 19 profession for passage to the floor of the senate or the 20 house of representatives, a legislative standing committee to 21 which proposed legislation to create a board or commission to 22 regulate an unregulated health profession has been referred 23 shall consider whether the conditions in subsection 1 have been 24 met. If the committee finds that the conditions in subsection 25 1 have been met, the committee shall consider whether the 26 legislation is the least restrictive method of regulation 27 to address the specific harm or danger identified in this 28 subsection. 29 3. The legislative standing committee shall submit its 30 findings regarding whether the proposed legislation meets 31 the conditions in subsections 1 and 2 to the president of 32 the senate or the speaker of the house of representatives, 33 as applicable, who shall make the findings available to each 34 member of the general assembly on the internet site of the 35 -25- HF 2574.4054 (3) 90 ss/ns 25/ 237
general assembly. 1 4. This section does not allow a person to practice an 2 unregulated health profession if the profession includes 3 practices within the scope of practice of an existing regulated 4 health profession. 5 Sec. 50. NEW SECTION . 4A.8 Proposed regulation of 6 unregulated health professions —— written reports. 7 1. A member of the general assembly introducing proposed 8 legislation to create a board or commission to regulate an 9 unregulated health profession shall submit with the legislation 10 a report, prepared by the legislative services agency, 11 addressing the requirements contained in subsection 2. The 12 report shall be submitted to the president of the senate or the 13 speaker of the house of representatives, as applicable, prior 14 to full consideration of the legislation by the senate or the 15 house of representatives and made available on the internet 16 site of the general assembly. 17 2. The report must address all of the following and identify 18 the source of all information contained in the report: 19 a. Why regulation is necessary, including all of the 20 following: 21 (1) The nature of the proven harm to the public if the 22 unregulated health profession is not regulated and the extent 23 to which there is a threat to the public health or safety. 24 (2) The extent to which a practitioner has autonomy, as 25 indicated by the extent to which the profession calls for the 26 exercise of independent judgment and the extent to which a 27 practitioner is supervised. 28 b. The efforts made to address the problem the legislation 29 is intended to solve, including all of the following: 30 (1) Voluntary efforts, if any, undertaken by members of the 31 profession. 32 (2) Recourse to, and the extent of use of, applicable law 33 and whether the law could be amended to control the problem. 34 c. The alternatives considered, including all of the 35 -26- HF 2574.4054 (3) 90 ss/ns 26/ 237
following: 1 (1) Regulation of business employers or practitioners 2 rather than employee practitioners. 3 (2) Regulation of the program or service rather than 4 individual practitioners. 5 (3) Registration of all practitioners. 6 (4) Certification of all practitioners. 7 (5) Other viable alternatives. 8 (6) If licensing is sought, why licensing would serve to 9 protect the public health or safety. 10 d. The benefit to the public health or safety if regulation 11 is granted, including all of the following: 12 (1) The extent to which the incidence of specific problems 13 present in the unregulated health profession can reasonably be 14 expected to be reduced by regulation. 15 (2) Whether the public can identify qualified 16 practitioners. 17 (3) The extent to which qualified practitioners are 18 competent, including all of the following: 19 (a) The composition, powers, duties, and practices of the 20 proposed regulatory entity. 21 (b) Whether current practitioners of an unregulated health 22 profession will be allowed to continue to practice and whether 23 they will be required to meet the qualifications for the 24 regulated health profession. 25 (c) The nature of the standards proposed for registration, 26 certification, or licensure as compared with the standards in 27 other jurisdictions. 28 (d) Whether the proposed regulatory entity would be 29 authorized to enter into reciprocity agreements with other 30 jurisdictions. 31 (e) The nature and duration of any training and experience 32 required, whether applicants will be required to pass an 33 examination, and whether there will be alternative methods to 34 enter the health profession. 35 -27- HF 2574.4054 (3) 90 ss/ns 27/ 237
(4) Assurances to the public that practitioners have 1 maintained their competence, including all of the following: 2 (a) Whether a registration, certificate, or license will 3 include an expiration date. 4 (b) Whether the renewal of a registration, certificate, 5 or license will be based only on payment of a fee or whether 6 renewal will involve reexamination, peer review, or other 7 enforcement. 8 e. The extent to which regulation might harm the public, 9 including all of the following: 10 (1) The extent to which regulation will restrict entry into 11 the profession, including whether the proposed standards are 12 more restrictive than necessary to ensure a practitioner’s safe 13 and effective performance in the practice of the profession. 14 (2) Whether there are professions similar to the 15 unregulated health profession that should be included in, or 16 portions of the unregulated health profession that should be 17 excluded from, the proposed legislation. 18 f. The maintenance of professional standards, including all 19 of the following: 20 (1) Whether effective quality assurance standards exist 21 in the profession such as legal requirements associated with 22 specific programs that define or enforce standards or a code 23 of ethics. 24 (2) How the proposed legislation will ensure quality, 25 including whether a code of ethics will be adopted and the 26 grounds for suspension or revocation of a registration, 27 certificate, or license. 28 g. A description of the group proposed for regulation, 29 including a list of associations, organizations, and other 30 professional groups representing practitioners in this state, 31 an estimate of the number of practitioners in each professional 32 group, and whether the professional groups represent different 33 levels of practice. 34 h. The expected costs of regulation, including the impact of 35 -28- HF 2574.4054 (3) 90 ss/ns 28/ 237
costs on the public and costs imposed on this state. 1 Sec. 51. NEW SECTION . 4A.9 Regulation of unregulated 2 nonhealth professions. 3 1. An unregulated nonhealth profession shall not be 4 regulated except for the exclusive purpose of protecting the 5 public health or safety. All proposed legislation to create 6 a board or commission to regulate an unregulated nonhealth 7 profession shall be reviewed by the legislative standing 8 committee to which the proposed legislation is referred to 9 ensure that all of the following requirements are met: 10 a. The unregulated practice of the nonhealth profession can 11 clearly harm the public health or safety. 12 b. The actual or anticipated public benefit of the 13 regulation clearly exceeds the costs imposed by the regulation 14 on consumers, businesses, and individuals. 15 c. The public needs and can reasonably be expected 16 to benefit from an assurance of initial and continuing 17 professional ability. 18 d. The public cannot be effectively protected by private 19 certification or other alternatives. 20 2. If a legislative standing committee finds that the 21 proposed legislation satisfies the conditions in subsection 22 1, the committee shall examine data from multiple sources and 23 shall consider evidence of actual harm to the public related 24 to the unregulated nonhealth profession being considered for 25 regulation. The evidence may include industry association 26 data; federal, state, and local government data; business 27 reports; complaints to law enforcement, relevant state 28 agencies, and the better business bureau; and data from 29 agencies in other states with and without similar systems of 30 regulation. 31 3. If, after consideration of evidence pursuant to 32 subsection 2, the legislative standing committee finds that it 33 is necessary to create a board or commission to regulate an 34 unregulated nonhealth profession, the committee shall review 35 -29- HF 2574.4054 (3) 90 ss/ns 29/ 237
the proposed legislation to determine whether it is the least 1 restrictive regulation necessary and whether the regulation 2 protects a discrete interest group from economic competition. 3 4. The legislative standing committee shall submit its 4 findings regarding whether the proposed legislation meets the 5 requirements of subsections 1, 2, and 3, to the president of 6 the senate or the speaker of the house of representatives, 7 as applicable, who shall make the findings available to each 8 member of the general assembly on the internet site of the 9 general assembly. 10 5. This section does not allow a person to practice an 11 unregulated nonhealth profession if the profession includes 12 practices within the scope of practice of an existing regulated 13 nonhealth profession. 14 Sec. 52. NEW SECTION . 4A.10 Proposed regulation of 15 unregulated nonhealth professions —— written reports. 16 1. A member of the general assembly introducing legislation 17 to regulate an unregulated nonhealth profession shall submit 18 with the legislation a report, prepared by the legislative 19 services agency, addressing the requirements contained in 20 subsection 2. The report shall be submitted to the president 21 of the senate or the speaker of the house of representatives, 22 as applicable, prior to full consideration of the legislation 23 by the senate or the house of representatives and made 24 available on the internet site of the general assembly. 25 2. The report must address all of the following and identify 26 the source of all information contained in the report: 27 a. Why regulation is necessary including what particular 28 problem regulation would address. 29 b. The efforts made to address the problem. 30 c. The alternatives considered. 31 d. The benefit to the public health or safety of regulating 32 the profession. 33 e. The extent to which regulation might harm the public. 34 f. The maintenance of professional standards, including all 35 -30- HF 2574.4054 (3) 90 ss/ns 30/ 237
of the following: 1 (1) Whether effective quality assurance standards exist 2 in the profession such as legal requirements associated with 3 specific programs that define or enforce standards or a code 4 of ethics. 5 (2) How the proposed legislation will assure quality 6 including the extent to which a code of ethics will be 7 adopted and the grounds for the suspension or revocation of a 8 registration, certificate, or license. 9 g. A description of the profession proposed for regulation, 10 including a list of associations, organizations, and other 11 professional groups representing practitioners in this state, 12 an estimate of the number of practitioners in each profession, 13 and whether the professional groups represent different levels 14 of practice. 15 h. The expected costs of regulation, including the impact of 16 costs on the public and costs imposed on this state. 17 Sec. 53. NEW SECTION . 4A.11 Dissolution of boards. 18 The committee shall establish a dissolution date for each 19 board existing on the effective date of this division of this 20 Act on a date not sooner than four years after the effective 21 date of this division of this Act. The committee shall 22 establish, on or before December 31, 2024, a schedule for the 23 staggered dates of dissolution of all existing boards to align 24 with the duty to establish a schedule for the review of each 25 board pursuant to section 4A.3, and shall include the schedule 26 in a report submitted to the governor and the general assembly. 27 Sec. 54. REPEAL. Sections 2.69 and 3.20, Code 2024, are 28 repealed. 29 Sec. 55. CODE EDITOR DIRECTIVE —— TRANSFERS. 30 1. The Code editor is directed to make the following 31 transfers: 32 a. Section 69.15 to section 4A.11. 33 b. Section 69.16 to section 4A.12. 34 c. Section 69.16B to section 4A.13. 35 -31- HF 2574.4054 (3) 90 ss/ns 31/ 237
d. Section 69.16C to section 4A.14. 1 e. Section 69.16D to section 4A.15. 2 f. Section 69.16E to section 4A.16. 3 g. Section 69.17 to section 4A.17. 4 2. The Code editor shall correct internal references in the 5 Code and in any enacted legislation as necessary due to the 6 enactment of this section. 7 DIVISION IV 8 PROFESSIONAL BOARDS 9 Sec. 56. Section 10A.503, subsection 1, Code 2024, is 10 amended to read as follows: 11 1. Each board under chapter 100C , 103 , 103A , 105 , or 147 12 that is under the administrative authority of the department 13 shall receive administrative and clerical staff support from 14 the department and may not employ its own support staff for 15 administrative and clerical duties . The executive director 16 of the board of nursing, board of medicine, dental board, 17 and board of pharmacy shall be appointed pursuant to section 18 10A.504 . 19 Sec. 57. Section 10A.504, subsection 1, unnumbered 20 paragraph 1, Code 2024, is amended to read as follows: 21 The director shall appoint and supervise a full-time an 22 executive director for each of the following boards: 23 Sec. 58. Section 103.4, Code 2024, is amended to read as 24 follows: 25 103.4 Executive secretary —— staff and duties Support staff . 26 The director shall appoint an executive secretary for the 27 board and shall hire and provide staff to assist the board 28 in administering this chapter . The executive secretary 29 shall report to the director for purposes of routine board 30 administrative functions, and shall report directly to 31 the board for purposes of execution of board policy such 32 as application of licensing criteria and processing of 33 applications. 34 Sec. 59. Section 103.34, subsection 1, Code 2024, is amended 35 -32- HF 2574.4054 (3) 90 ss/ns 32/ 237
to read as follows: 1 1. Upon receipt of a notice of appeal filed pursuant 2 to section 103.33 , the chairperson or executive secretary 3 administrative staff of the board may designate a hearing 4 officer from among the board members to hear the appeal or 5 may set the matter for hearing before the full board at its 6 next regular meeting. A majority of the board shall make the 7 decision. 8 Sec. 60. Section 147.80, subsection 3, Code 2024, is amended 9 by striking the subsection. 10 Sec. 61. Section 147.87, Code 2024, is amended to read as 11 follows: 12 147.87 Enforcement. 13 1. A board shall enforce the provisions of this chapter and 14 the board’s enabling statute and for that purpose may request 15 the department of inspections, appeals, and licensing to make 16 necessary investigations. Every licensee and member of a board 17 shall furnish the board or the department of inspections, 18 appeals, and licensing such evidence as the member or licensee 19 may have relative to any alleged violation which is being 20 investigated. 21 2. The department of inspections, appeals, and licensing 22 may administratively close a complaint that does not allege a 23 violation of this chapter, the board’s enabling statute, or a 24 rule of the board. 25 Sec. 62. Section 147.88, Code 2024, is amended to read as 26 follows: 27 147.88 Inspections and investigations. 28 The department of inspections, appeals, and licensing may 29 perform inspections and investigations as required by this 30 subtitle , except inspections and investigations for the board 31 of medicine, board of pharmacy, board of nursing, and the 32 dental board . The department of inspections, appeals, and 33 licensing shall employ personnel related to the inspection and 34 investigative functions. 35 -33- HF 2574.4054 (3) 90 ss/ns 33/ 237
Sec. 63. Section 152.2, Code 2024, is amended to read as 1 follows: 2 152.2 Executive director. 3 The board shall retain a full-time An executive director , 4 who shall be appointed pursuant to section 10A.504 . The 5 executive director shall be a registered nurse. The governor, 6 with the approval of the executive council pursuant to section 7 8A.413, subsection 3 , under the pay plan for exempt positions 8 in the executive branch of government, shall set the salary of 9 the executive director. 10 Sec. 64. Section 152E.2, Code 2024, is amended to read as 11 follows: 12 152E.2 Compact administrator. 13 The executive director of the board of nursing, as 14 provided for in section 152.2 , director of the department 15 of inspections, appeals, and licensing, or the director’s 16 designee, shall serve as the compact administrator identified 17 in article VII, paragraph “b” , of the nurse licensure compact 18 contained in section 152E.1 and as the compact administrator 19 identified in article VIII, paragraph “a” , of the advanced 20 practice registered nurse compact contained in section 152E.3 . 21 Sec. 65. Section 153.36, subsection 1, Code 2024, is amended 22 to read as follows: 23 1. Sections 147.44 , 147.48 , 147.49 , 147.53 , and 147.55 , and 24 sections 147.87 through 147.92 shall not apply to the practice 25 of dentistry. 26 Sec. 66. Section 272C.6, subsection 1, Code 2024, is amended 27 to read as follows: 28 1. Disciplinary hearings held pursuant to this chapter 29 shall be heard by the board sitting as the hearing panel, or 30 by an administrative law judge, or by a panel of not less 31 than three board members who are licensed in the profession, 32 or by a panel of not less than three members appointed 33 pursuant to subsection 2 . Notwithstanding chapters 17A and 34 21 a disciplinary hearing shall be open to the public at the 35 -34- HF 2574.4054 (3) 90 ss/ns 34/ 237
discretion of the licensee. 1 Sec. 67. REPEAL. Sections 152.3 and 153.33B, Code 2024, 2 are repealed. 3 DIVISION V 4 LICENSURE STUDIES 5 Sec. 68. LICENSURE RENEWAL CYCLES STUDY. The department of 6 inspections, appeals, and licensing shall review all current 7 licensure renewal cycles for professional and occupational 8 licenses issued by a department, board, commission, or other 9 governmental entity. The department shall submit a report, 10 including proposed recommendations for a uniform renewal cycle 11 for all professional and occupational licenses, to the governor 12 and the general assembly by September 30, 2024. 13 Sec. 69. LICENSURE FEE STUDY. 14 1. The department of inspections, appeals, and licensing 15 shall review fees imposed by a department, board, commission, 16 or other governmental entity for the issuance or renewal of a 17 professional or occupational license. The department shall 18 evaluate the fees based on the licensure fees imposed in 19 surrounding states and the operational costs of the licensing 20 functions of the entity. 21 2. The department shall submit a report, including proposed 22 fees, to the governor and the general assembly by September 30, 23 2024. 24 DIVISION VI 25 ADVISORY BODIES 26 Sec. 70. Section 7E.3, subsection 3, Code 2024, is amended 27 by striking the subsection and inserting in lieu thereof the 28 following: 29 3. Advisory bodies. In addition to any boards, commissions, 30 committees, or councils specifically created by law, establish 31 and utilize other ad hoc advisory committees as determined 32 necessary by the head of the department or independent 33 agency. The department or independent agency shall establish 34 appointment provisions, membership terms, operating guidelines, 35 -35- HF 2574.4054 (3) 90 ss/ns 35/ 237
and any other operational requirements for committees 1 established pursuant to this subsection. Members of committees 2 under this general authority shall serve without compensation 3 but may be reimbursed for actual expenses. 4 Sec. 71. Section 15.105, Code 2024, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 12. The authority may establish and utilize 7 such ad hoc advisory committees as determined necessary by 8 the authority. The authority shall establish appointment 9 provisions, membership terms, operating guidelines, and any 10 other operational requirements for committees established 11 pursuant to this subsection. Members of committees established 12 pursuant to this subsection shall serve without compensation 13 but may be reimbursed for actual expenses. 14 Sec. 72. NEW SECTION . 152.3A Advisory committees. 15 The board may establish and utilize such ad hoc advisory 16 committees as determined necessary by the board. The board 17 shall establish appointment provisions, membership terms, 18 operating guidelines, and any other operational requirements 19 for committees established pursuant to this section. Members 20 of committees established pursuant to this section shall serve 21 without compensation but may be reimbursed for actual expenses. 22 Sec. 73. Section 153.33, subsection 1, Code 2024, is amended 23 by adding the following new paragraph: 24 NEW PARAGRAPH . f. To establish and utilize such ad hoc 25 advisory committees as determined necessary by the board, 26 including an advisory committee on the practice of dental 27 hygiene. The board shall establish appointment provisions, 28 membership terms, operating guidelines, and any other 29 operational requirements for committees established pursuant 30 to this paragraph. Members of committees established pursuant 31 to this paragraph shall serve without compensation but may be 32 reimbursed for actual expenses. 33 Sec. 74. Section 256.7, Code 2024, is amended by adding the 34 following new subsection: 35 -36- HF 2574.4054 (3) 90 ss/ns 36/ 237
NEW SUBSECTION . 35. Establish and utilize such ad hoc 1 advisory committees as determined necessary by the state 2 board. The state board shall establish appointment provisions, 3 membership terms, operating guidelines, and any other 4 operational requirements for committees established pursuant to 5 this subsection. Members of committees established pursuant 6 to this subsection shall serve without compensation but may be 7 reimbursed for actual expenses. 8 Sec. 75. Section 307A.2, Code 2024, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 7. Establish and utilize such ad hoc 11 advisory committees as determined necessary by the commission. 12 The commission shall establish appointment provisions, 13 membership terms, operating guidelines, and any other 14 operational requirements for committees established pursuant to 15 this subsection. Members of committees established pursuant 16 to this subsection shall serve without compensation but may be 17 reimbursed for actual expenses. 18 Sec. 76. Section 455A.5, subsection 6, Code 2024, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . g. Establish and utilize such ad hoc 21 advisory committees as determined necessary by the commission. 22 The commission shall establish appointment provisions, 23 membership terms, operating guidelines, and any other 24 operational requirements for committees established pursuant 25 to this paragraph. Members of committees established pursuant 26 to this paragraph shall serve without compensation but may be 27 reimbursed for actual expenses. 28 Sec. 77. Section 455A.6, subsection 6, Code 2024, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . e. Establish and utilize such ad hoc 31 advisory committees as determined necessary by the commission. 32 The commission shall establish appointment provisions, 33 membership terms, operating guidelines, and any other 34 operational requirements for committees established pursuant 35 -37- HF 2574.4054 (3) 90 ss/ns 37/ 237
to this paragraph. Members of committees established pursuant 1 to this paragraph shall serve without compensation but may be 2 reimbursed for actual expenses. 3 Sec. 78. Section 904.105, Code 2024, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 9A. Establish and utilize such ad hoc 6 advisory committees as determined necessary by the board. The 7 board shall establish appointment provisions, membership terms, 8 operating guidelines, and any other operational requirements 9 for committees established pursuant to this subsection. 10 Members of committees established pursuant to this subsection 11 shall serve without compensation but may be reimbursed for 12 actual expenses. 13 DIVISION VII 14 ELECTRONIC MEETINGS 15 Sec. 79. Section 21.8, subsection 1, unnumbered paragraph 16 1, Code 2024, is amended to read as follows: 17 A governmental body may conduct a meeting by electronic 18 means only in circumstances where such a meeting in person is 19 impossible or impractical and only if the governmental body 20 complies shall provide for hybrid meetings, teleconference 21 participation, virtual meetings, remote participation, and 22 other hybrid options for the members of the governmental body 23 to participate in official meetings. A governmental body 24 conducting a meeting pursuant to this subsection shall comply 25 with all of the following: 26 Sec. 80. Section 21.8, subsection 1, paragraph c, Code 2024, 27 is amended to read as follows: 28 c. Minutes are kept of the meeting. The minutes shall 29 include a statement explaining why a meeting in person was 30 impossible or impractical. 31 Sec. 81. Section 21.8, Code 2024, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 4. For the purposes of this section: 34 a. “Hybrid meeting” means a meeting involving both remote 35 -38- HF 2574.4054 (3) 90 ss/ns 38/ 237
participation and in-person participation by members. 1 b. “Remote participation” means real-time participation by 2 a remotely located individual in a meeting which is being held 3 in a different physical location using integrated audio, video, 4 and other digital tools. 5 c. “Teleconference participation” means participation using 6 audio conference tools involving multiple participants in at 7 least two separate locations. 8 d. “Virtual meeting” means a meeting involving real-time 9 interaction using integrated audio, video, and other digital 10 tools, in which participants do not share a physical location. 11 DIVISION VIII 12 MEETINGS —— GENERAL 13 Sec. 82. Section 5.3, Code 2024, is amended to read as 14 follows: 15 5.3 Organization. 16 The commissioners shall meet at the state capitol at least 17 once in two years as necessary and shall organize by the 18 election of one of their number as chairperson and another 19 as secretary, who shall hold their respective offices for a 20 term of two years and until their successors are elected and 21 qualified. 22 Sec. 83. Section 8.22A, subsection 2, Code 2024, is amended 23 to read as follows: 24 2. The conference shall meet as often as deemed necessary , 25 but shall meet at least three times per year with at least 26 one meeting taking place each year in March . The conference 27 may use sources of information deemed appropriate. At each 28 meeting, the conference shall agree to estimates for the 29 current fiscal year and the following fiscal year for the 30 general fund of the state, lottery revenues to be available 31 for disbursement, and from gambling revenues and from interest 32 earned on the cash reserve fund and the economic emergency fund 33 to be deposited in the rebuild Iowa infrastructure fund. At 34 the first meeting taking place each calendar year in March , in 35 -39- HF 2574.4054 (3) 90 ss/ns 39/ 237
addition to agreeing to estimates for the current fiscal year 1 and the following fiscal year, the conference shall agree to 2 estimates for the fiscal year beginning July 1 of the following 3 calendar year. Only an estimate for the following fiscal year 4 agreed to by the conference pursuant to subsection 3, 4, or 5 , 5 shall be used for purposes of calculating the state general 6 fund expenditure limitation under section 8.54 , and any other 7 estimate agreed to shall be considered a preliminary estimate 8 that shall not be used for purposes of calculating the state 9 general fund expenditure limitation. 10 Sec. 84. Section 8.54, subsection 1, paragraph b, Code 2024, 11 is amended to read as follows: 12 b. “New revenues” means moneys which are received by the 13 state due to increased tax rates and fees or newly created 14 taxes and fees over and above those moneys which are received 15 due to state taxes and fees which are in effect as of January 1 16 following the December state estimate of the revenue estimating 17 conference due by December 15 pursuant to section 8.22A . “New 18 revenues” also includes moneys received by the general fund 19 of the state due to new transfers over and above those moneys 20 received by the general fund of the state due to transfers 21 which are in effect as of January 1 following the December 22 state estimate of the revenue estimating conference due by 23 December 15 pursuant to section 8.22A . The department of 24 management shall obtain concurrence from the revenue estimating 25 conference on the eligibility of transfers to the general fund 26 of the state which are to be considered as new revenue in 27 determining the state general fund expenditure limitation. 28 Sec. 85. Section 8A.606, Code 2024, is amended to read as 29 follows: 30 8A.606 Meetings. 31 The commission shall have its offices at the seat of 32 government but may hold meetings in other locations. The 33 commission shall meet quarterly and at the call of the 34 chairperson. 35 -40- HF 2574.4054 (3) 90 ss/ns 40/ 237
Sec. 86. Section 8A.616, subsection 4, Code 2024, is amended 1 to read as follows: 2 4. Meetings. The board shall meet at least three times 3 annually and at the call of the chair. At least one meeting 4 annually shall be held outside the state capital or in 5 conjunction with a meeting of a relevant statewide professional 6 organization. 7 Sec. 87. Section 10A.601, subsection 3, Code 2024, is 8 amended to read as follows: 9 3. The members of the appeal board shall select a 10 chairperson and vice chairperson from their membership. The 11 appeal board shall meet at least once per month but may meet 12 as often as necessary. Meetings shall be set by a majority of 13 the appeal board or upon the call of the chairperson, or in the 14 chairperson’s absence, upon the call of the vice chairperson. 15 The employment appeal board, subject to the approval of the 16 director, may appoint personnel necessary for carrying out its 17 functions and duties. 18 Sec. 88. Section 13A.5, Code 2024, is amended to read as 19 follows: 20 13A.5 Meetings. 21 The council shall meet at least four times each year and 22 shall hold meetings when called by the chairperson, or in the 23 absence of the chairperson, by the vice chairperson or when 24 called by the chairperson upon the written request of three 25 members of the council. The council shall establish its own 26 procedures and requirements with respect to quorum, place , and 27 conduct of its meetings and other matters. 28 Sec. 89. Section 23.3, subsection 7, Code 2024, is amended 29 to read as follows: 30 7. The board shall meet at least quarterly and at the call 31 of the chairperson. 32 Sec. 90. Section 24.26, subsection 2, Code 2024, is amended 33 to read as follows: 34 2. The annual meeting of the state board shall be held on 35 -41- HF 2574.4054 (3) 90 ss/ns 41/ 237
the second Tuesday of January in each year meet as necessary . 1 At each annual meeting the The state board shall organize by 2 the election from its members of a chairperson and a vice 3 chairperson; and by appointing a secretary. Two members of 4 the state board constitute a quorum for the transaction of any 5 business. 6 Sec. 91. Section 47.8, subsection 1, unnumbered paragraph 7 1, Code 2024, is amended to read as follows: 8 A state voter registration commission is established which 9 shall meet at least quarterly as necessary to make and review 10 policy, adopt rules, and establish procedures to be followed by 11 the registrar in discharging the duties of that office, and to 12 promote interagency cooperation and planning. 13 Sec. 92. Section 80B.9, Code 2024, is amended to read as 14 follows: 15 80B.9 Meetings. 16 The council shall meet at least four times each year and 17 shall hold special meetings when called by the chairperson or, 18 in the absence of the chairperson, by the vice chairperson, 19 or by the chairperson upon written request of five members 20 of the council. The council shall establish procedures and 21 requirements with respect to quorum, place, and conduct of 22 meetings. 23 Sec. 93. Section 99D.6, subsection 1, Code 2024, is amended 24 to read as follows: 25 1. The commission shall have its headquarters in the city of 26 Des Moines and shall meet in July of each year and at other such 27 times and places as it finds necessary for the discharge of its 28 duties. The commission shall elect in July of each year one of 29 its members as chairperson for the succeeding year. 30 Sec. 94. Section 99G.8, subsection 11, Code 2024, is amended 31 to read as follows: 32 11. The board shall meet at least quarterly and at such 33 other times upon call of the chairperson or the chief executive 34 officer. Notice of the time and place of each board meeting 35 -42- HF 2574.4054 (3) 90 ss/ns 42/ 237
shall be given to each member. The board shall also meet upon 1 call of three or more of the board members. The board shall 2 keep accurate and complete records of all its meetings. 3 Sec. 95. Section 103.2, subsection 3, paragraph b, Code 4 2024, is amended to read as follows: 5 b. The board shall hold at least one meeting quarterly at 6 the location of the board’s principal office, and meetings 7 Meetings shall be called at other times as needed by the 8 chairperson or four members of the board. At any meeting of 9 the board, a majority of members constitutes a quorum. 10 Sec. 96. Section 103.34, subsection 1, Code 2024, is amended 11 to read as follows: 12 1. Upon receipt of a notice of appeal filed pursuant to 13 section 103.33 , the chairperson or executive secretary of the 14 board may designate a hearing officer from among the board 15 members to hear the appeal or may set the matter for hearing 16 before the full board at its next regular scheduled meeting. A 17 majority of the board shall make the decision. 18 Sec. 97. Section 123.6, Code 2024, is amended to read as 19 follows: 20 123.6 Commission meetings. 21 The commission shall meet on or before July 1 of each year 22 for the purpose of selecting one of its members as chairperson 23 for the succeeding year. The commission shall otherwise meet 24 quarterly or at the call of the chairperson or director or when 25 three members file a written request for a meeting. Written 26 notice of the time and place of each meeting shall be given to 27 each member of the commission. A majority of the commission 28 members shall constitute a quorum. 29 Sec. 98. Section 124E.5, subsection 2, Code 2024, is amended 30 to read as follows: 31 2. The medical cannabidiol board shall convene at least 32 twice per year as necessary . 33 Sec. 99. Section 169.5, subsections 3 and 4, Code 2024, are 34 amended to read as follows: 35 -43- HF 2574.4054 (3) 90 ss/ns 43/ 237
3. The board shall meet at least once each year as 1 determined by the board. Other necessary Necessary meetings 2 may be called by the president of the board by giving 3 proper notice. Except as provided, a majority of the board 4 constitutes a quorum. Meetings shall be open and public except 5 that the board may meet in closed session to prepare, approve, 6 administer, or grade examinations, or to deliberate the 7 qualifications of an applicant for license or the disposition 8 of a proceeding to discipline a licensed veterinarian. 9 4. At its annual meeting, the The board shall organize 10 by electing a president and such other officers as may be 11 necessary. Officers of the board serve for terms of one year 12 and until a successor is elected, without limitation on the 13 number of terms an officer may serve. The president shall 14 serve as chairperson of board meetings. The person designated 15 as the state veterinarian shall serve as secretary of the 16 board. 17 Sec. 100. Section 182.13, Code 2024, is amended to read as 18 follows: 19 182.13 Compensation —— meetings. 20 Members of the board may receive payment for their 21 actual expenses and travel in performing official board 22 functions. Payment shall be made from amounts collected from 23 the assessment. No member of the board shall be a salaried 24 employee of the board or any organization or agency receiving 25 funds from the board. The board shall meet at least once every 26 three months, and at other such times as it deems necessary. 27 Sec. 101. Section 184.7, subsection 4, Code 2024, is amended 28 to read as follows: 29 4. The council shall meet at least once every three 30 months and at other such times as the council determines are 31 necessary. 32 Sec. 102. Section 185.14, Code 2024, is amended to read as 33 follows: 34 185.14 Compensation —— meetings. 35 -44- HF 2574.4054 (3) 90 ss/ns 44/ 237
Each director of the board shall receive a per diem of one 1 hundred dollars and actual expenses in performing official 2 board functions, notwithstanding section 7E.6 . A director of 3 the board shall not be a salaried employee of the board or 4 any organization or agency which is receiving moneys from the 5 board. The board shall meet at least four times each year as 6 necessary . 7 Sec. 103. Section 185C.14, subsection 3, Code 2024, is 8 amended to read as follows: 9 3. The board shall meet at least three times each year, and 10 at such other times as deemed necessary by the board. 11 Sec. 104. Section 186.1, Code 2024, is amended to read as 12 follows: 13 186.1 Meetings and organization of society. 14 The Iowa state horticulture society shall hold meetings each 15 year, at times as it may fix, as necessary for the transaction 16 of business. The officers and board of directors of the 17 society shall be chosen as provided for in the constitution 18 of the society, for the period and in the manner prescribed 19 therein, but the secretary of agriculture or the secretary’s 20 designee shall be a member of the board of directors and of 21 the executive committee. Any vacancy in the offices filled by 22 the society may be filled by the executive committee for the 23 unexpired portion of the term. 24 Sec. 105. Section 217.4, Code 2024, is amended to read as 25 follows: 26 217.4 Meetings of council. 27 The council shall meet at least monthly. Additional 28 meetings Meetings shall be called by the chairperson or upon 29 written request of any three council members as necessary to 30 carry out the duties of the council. The chairperson shall 31 preside at all meetings or in the absence of the chairperson 32 the vice chairperson shall preside. The members of the council 33 shall be paid a per diem as specified in section 7E.6 and their 34 reasonable and necessary expenses. 35 -45- HF 2574.4054 (3) 90 ss/ns 45/ 237
Sec. 106. Section 237.16, subsection 2, Code 2024, is 1 amended to read as follows: 2 2. The members of the state board shall annually select a 3 chairperson, vice chairperson, and other officers the members 4 deem necessary. The members may be entitled to receive 5 reimbursement for actual and necessary expenses incurred in 6 the performance of their duties, subject to available funding. 7 Each member of the board may also be eligible to receive 8 compensation as provided in section 7E.6 . The state board 9 shall meet at least twice a year as necessary . 10 Sec. 107. Section 256.32, subsection 3, Code 2024, is 11 amended to read as follows: 12 3. The duties of the council are to review, develop, 13 and recommend standards for secondary and postsecondary 14 agricultural education. The council shall annually issue a 15 report to the state board of education and the chairpersons 16 of the house and senate agriculture and education committees 17 regarding both short-term and long-term curricular standards 18 for agricultural education and the council’s activities. The 19 council shall meet a minimum of twice annually as necessary , 20 and must have a quorum consisting of a majority of voting 21 members present to hold an official meeting and to take any 22 final council action. However, hearings may be held without 23 a quorum. The chairperson shall be elected annually by and 24 from the voting membership. The initial organizational meeting 25 shall be called by the director of the department of education. 26 Sec. 108. Section 256.83, subsection 1, Code 2024, is 27 amended to read as follows: 28 1. The board shall elect from among its members a president 29 and a vice president to serve a one-year term. The board 30 shall meet at least four times annually and shall hold special 31 meetings at the call of the president or in the absence of 32 the president by the vice president or by the president upon 33 written request of four members. The board shall establish 34 procedures and requirements relating to quorum, place, and 35 -46- HF 2574.4054 (3) 90 ss/ns 46/ 237
conduct of meetings. 1 Sec. 109. Section 256I.3, subsection 4, Code 2024, is 2 amended to read as follows: 3 4. The state board shall elect a chairperson from among the 4 citizen members and may select other officers from the voting 5 members as determined to be necessary by the board. The board 6 shall meet regularly as determined by the board, upon the call 7 of the board’s chairperson, or upon the call of a majority of 8 voting members. The board shall meet at least quarterly. 9 Sec. 110. Section 262.8, Code 2024, is amended to read as 10 follows: 11 262.8 Meetings. 12 The board shall meet four times a year. Special meetings 13 Meetings may be called by the board, by the president of the 14 board, or by the executive director of the board upon written 15 request of any five members thereof. 16 Sec. 111. Section 267.5, subsection 2, Code 2024, is amended 17 to read as follows: 18 2. Hold a meeting twice each year Meet as necessary at Iowa 19 state university of science and technology. The council shall 20 meet with the faculty of the college of veterinary medicine. 21 The council may hold other such meetings as the council may 22 determine necessary, or as required by section 267.6 . An 23 action taken by the council shall not be valid unless agreed to 24 by a majority of the council members. 25 Sec. 112. Section 455A.5, subsection 4, Code 2024, is 26 amended to read as follows: 27 4. The commission shall hold an organizational meeting 28 within thirty days of the beginning of a new regular term for 29 one or more of its members. The commission shall organize by 30 electing a chairperson, vice chairperson, secretary, and any 31 other officers deemed necessary or desirable. The commission 32 shall also meet at least quarterly throughout the year as 33 necessary . 34 Sec. 113. Section 455A.6, subsection 4, Code 2024, is 35 -47- HF 2574.4054 (3) 90 ss/ns 47/ 237
amended to read as follows: 1 4. The commission shall hold an organizational meeting 2 within thirty days of the beginning of a new regular term for 3 one or more of its members. The commission shall organize by 4 electing a chairperson, vice chairperson, secretary, and any 5 other officers deemed necessary or desirable. The commission 6 shall also meet at least quarterly throughout the year as 7 necessary . 8 Sec. 114. Section 465C.5, Code 2024, is amended to read as 9 follows: 10 465C.5 Organization. 11 The board shall organize annually by the election of a 12 chairperson. The board shall meet annually and at such other 13 times as it deems necessary. Meetings may be called by the 14 chairperson, and shall be called by the chairperson on the 15 request of three members of the board. 16 Sec. 115. Section 466B.3, subsection 5, paragraph a, Code 17 2024, is amended to read as follows: 18 a. The council shall be convened by the secretary of 19 agriculture at least quarterly as necessary . 20 Sec. 116. Section 481A.10A, subsection 3, Code 2024, is 21 amended to read as follows: 22 3. The committee shall meet with a representative of the 23 department of natural resources on a semiannual basis as 24 necessary . The committee shall serve without compensation or 25 reimbursement for expenses. 26 Sec. 117. Section 524.205, subsection 5, Code 2024, is 27 amended to read as follows: 28 5. The state banking council shall meet at least once each 29 calendar quarter on such date and at such place as the council 30 may decide, and shall meet at such other times as may be deemed 31 necessary by the superintendent or a majority of the council 32 members. 33 Sec. 118. Section 533.107, subsection 3, Code 2024, is 34 amended to read as follows: 35 -48- HF 2574.4054 (3) 90 ss/ns 48/ 237
3. The review board shall meet at least four times each year 1 and shall hold special meetings at the call of the chairperson. 2 Four members constitute a quorum. 3 Sec. 119. Section 542B.9, Code 2024, is amended to read as 4 follows: 5 542B.9 Organization of the board —— staff. 6 The board shall elect annually from its members a 7 chairperson and a vice chairperson. The director of the 8 department of inspections, appeals, and licensing shall 9 hire and provide staff to assist the board in implementing 10 this chapter . The board shall hold at least one meeting at 11 the location of the board’s principal office, and meetings 12 Meetings shall be called at other times by the director or the 13 director’s designee at the request of the chairperson or four 14 members of the board. At any meeting of the board, a majority 15 of members constitutes a quorum. 16 Sec. 120. Section 543B.50, Code 2024, is amended to read as 17 follows: 18 543B.50 Meetings. 19 The real estate commission shall hold at least one meeting 20 per year meet as necessary at the location of the commission’s 21 principal office and shall elect a chairperson annually. A 22 majority of the members of the commission shall constitute a 23 quorum. 24 Sec. 121. Section 543D.4, subsection 7, Code 2024, is 25 amended to read as follows: 26 7. The board shall meet at least once each calendar quarter 27 as necessary to conduct its business. 28 Sec. 122. Section 904.106, Code 2024, is amended to read as 29 follows: 30 904.106 Meetings —— expenses. 31 The board shall meet at least quarterly throughout the year. 32 Special meetings Meetings may be called by the chairperson 33 or upon written request of any three members of the board. 34 The chairperson shall preside at all meetings or in the 35 -49- HF 2574.4054 (3) 90 ss/ns 49/ 237
chairperson’s absence, the vice chairperson shall preside. The 1 members of the board shall be paid their actual expenses while 2 attending the meetings. Each member of the board may also be 3 able to receive compensation as provided in section 7E.6 . 4 Sec. 123. Section 905.3, subsection 1, paragraph b, Code 5 2024, is amended to read as follows: 6 b. The district advisory board shall meet not more often 7 than quarterly during the calendar year as necessary . 8 DIVISION IX 9 REORGANIZATION 10 Sec. 124. Section 7E.5, subsection 2, paragraph a, Code 11 2024, is amended to read as follows: 12 a. There is a civil rights commission, a public employment 13 relations board, an interstate cooperation commission, an Iowa 14 ethics and campaign disclosure board, an Iowa utilities board, 15 and an Iowa law enforcement academy. 16 Sec. 125. Section 8A.201, subsection 3, paragraph b, Code 17 2024, is amended to read as follows: 18 b. Materials excluded from this definition by the commission 19 through the adoption and enforcement of rules rule . 20 Sec. 126. Section 8A.203, subsections 3 and 4, Code 2024, 21 are amended to read as follows: 22 3. The commission shall adopt provide advice and 23 recommendations on the adoption of rules under chapter 17A by 24 the department for carrying out the responsibilities of the 25 department as it relates to library services duties of the 26 department. 27 4. Advise The commission shall advise the department and the 28 state librarian concerning the library services duties of the 29 department. 30 Sec. 127. Section 8A.206, subsection 2, paragraphs a and d, 31 Code 2024, are amended to read as follows: 32 a. Operate the law library which shall be maintained in the 33 state capitol or in rooms convenient to the state supreme court 34 and which shall be available for free use by the residents of 35 -50- HF 2574.4054 (3) 90 ss/ns 50/ 237
Iowa under rules the commission department adopts. 1 d. Perform other duties imposed by law or by the rules of 2 the commission department . 3 Sec. 128. Section 8A.207, subsection 1, Code 2024, is 4 amended to read as follows: 5 1. Manage the state data center program to make United 6 States census data available to the residents of Iowa under 7 rules the commission department adopts. 8 Sec. 129. Section 8A.209, subsection 1, Code 2024, is 9 amended to read as follows: 10 1. An enrich Iowa program is established in the department 11 to provide direct state assistance to public libraries, to 12 support the open access and access plus programs, to provide 13 public libraries with an incentive to improve library services 14 that are in compliance with performance measures, and to 15 reduce inequities among communities in the delivery of library 16 services based on performance measures adopted by rule by the 17 commission department . The commission department shall adopt 18 rules governing the allocation of funds moneys appropriated by 19 the general assembly for purposes of this section to provide 20 direct state assistance to eligible public libraries. A public 21 library is eligible for funds moneys under this subchapter 22 if it is in compliance with the commission’s department’s 23 performance measures. 24 Sec. 130. Section 8A.412, subsection 11, Code 2024, is 25 amended to read as follows: 26 11. Professional employees under the supervision of the 27 attorney general, the state public defender, the secretary of 28 state, the auditor of state, and the treasurer of state , and 29 the public employment relations board . 30 Sec. 131. Section 8A.415, subsection 1, paragraph b, Code 31 2024, is amended to read as follows: 32 b. If not satisfied, the employee may, within thirty 33 calendar days following the director’s response, file an appeal 34 with the public employment relations appeal board. The hearing 35 -51- HF 2574.4054 (3) 90 ss/ns 51/ 237
shall be conducted in accordance with the rules of the public 1 employment relations appeal board and the Iowa administrative 2 procedure Act, chapter 17A . Decisions rendered shall be based 3 upon a standard of substantial compliance with this subchapter 4 and the rules of the department. Decisions by the public 5 employment relations appeal board constitute final agency 6 action. 7 Sec. 132. Section 8A.415, subsection 2, paragraph b, Code 8 2024, is amended to read as follows: 9 b. If not satisfied, the employee may, within thirty 10 calendar days following the director’s response, file an 11 appeal with the public employment relations appeal board. The 12 employee has the right to a hearing closed to the public, 13 unless a public hearing is requested by the employee. The 14 hearing shall otherwise be conducted in accordance with the 15 rules of the public employment relations appeal board and the 16 Iowa administrative procedure Act, chapter 17A . If the public 17 employment relations appeal board finds that the action taken 18 by the appointing authority was for political, religious, 19 racial, national origin, sex, age, or other reasons not 20 constituting just cause, the employee may be reinstated without 21 loss of pay or benefits for the elapsed period, or the public 22 employment relations appeal board may provide other appropriate 23 remedies. Decisions by the public employment relations appeal 24 board constitute final agency action. 25 Sec. 133. Section 8A.703, subsection 1, Code 2024, is 26 amended to read as follows: 27 1. A state historical society board of trustees is 28 established consisting of twelve seven members selected as 29 follows: 30 a. Three Two members shall be elected by the members of the 31 state historical society according to rules established by the 32 board of trustees. 33 b. The governor shall appoint one member from each of the 34 state’s congressional districts established under section 40.1 . 35 -52- HF 2574.4054 (3) 90 ss/ns 52/ 237
c. b. The governor shall appoint five members from the 1 state at large, considering but not requiring geographical 2 diversity, at least two one of whom shall be on the faculty of 3 a college or university in the state engaged in a discipline 4 related to the activities of the historical society. 5 Sec. 134. Section 8A.707, subsection 1, Code 2024, is 6 amended by adding the following new paragraphs: 7 NEW PARAGRAPH . f. Serve as the central advisory body for 8 historical records planning in the state and as a coordinating 9 body to facilitate cooperation among historical records 10 repositories and other information agencies within the state. 11 NEW PARAGRAPH . g. Serve as a state level review body 12 for grant proposals submitted to the national historical 13 publications and records commission. 14 Sec. 135. Section 8A.707, Code 2024, is amended by adding 15 the following new subsection: 16 NEW SUBSECTION . 4. The state historical society board of 17 trustees may: 18 a. Serve in an advisory capacity to the state records 19 commission, the state archives and records program, and other 20 statewide archival or records agencies. 21 b. Seek moneys from the national historical publications 22 and records commission or other grant-funding bodies for 23 sponsoring and publishing surveys of the conditions and needs 24 of historical records in the state; for developing, revising, 25 and distributing funding priorities for historical records 26 projects in Iowa; for implementing projects to be carried out 27 in the state for the preservation of historical records and 28 publications; or for reviewing, through reports and otherwise, 29 the operation and progress of records projects in the state. 30 Sec. 136. Section 8D.3, subsection 3, paragraphs b and d, 31 Code 2024, are amended to read as follows: 32 b. Adopt rules pursuant to chapter 17A as deemed appropriate 33 and necessary, and directly related to the implementation 34 and administration of the duties of the commission. 35 -53- HF 2574.4054 (3) 90 ss/ns 53/ 237
The commission, in consultation with the department of 1 administrative services, shall also adopt and provide for 2 standard communications procedures and policies relating to 3 the use of the network which recognize, at a minimum, the need 4 for reliable communications services. Provide advice and 5 recommendations to the director for the adoption of rules as 6 provided in section 8D.4. 7 d. Review and approve for adoption, rules as proposed 8 and submitted by an authorized user group necessary for the 9 authorized user group’s access and use of the network. The 10 commission may refuse to approve and adopt a proposed rule, 11 and upon such refusal, shall return the proposed rule to the 12 respective authorized user group proposing the rule with a 13 statement indicating the commission’s reason for refusing to 14 approve and adopt the rule. Provide advice and recommendations 15 to the director for the review and adoption of rules proposed 16 and submitted by an authorized user group. 17 Sec. 137. Section 8D.4, Code 2024, is amended to read as 18 follows: 19 8D.4 Executive director appointed. 20 1. The commission governor shall appoint an executive 21 director of the commission, subject to confirmation by the 22 senate. Such individual shall not serve as a member of the 23 commission. The executive director shall serve at the pleasure 24 of the commission governor . The executive director shall be 25 selected primarily for administrative ability and knowledge 26 in the field, without regard to political affiliation. The 27 governor shall establish the salary of the executive director 28 within the applicable salary range as established by the 29 general assembly. The salary and support of the executive 30 director shall be paid from funds moneys deposited in the Iowa 31 communications network fund. 32 2. The director shall adopt rules pursuant to chapter 17A 33 for the implementation and administration of the duties of the 34 commission. The director, in consultation with the department 35 -54- HF 2574.4054 (3) 90 ss/ns 54/ 237
of administrative services, shall also adopt and provide for 1 standard communications procedures and policies relating to the 2 use of the network which recognize, at a minimum, the need for 3 reliable communications services. The director shall review 4 and approve for adoption rules as proposed and submitted by 5 an authorized user group necessary for the authorized user 6 group’s access and use of the network. The director may refuse 7 to approve and adopt a proposed rule, and upon such refusal, 8 shall return the proposed rule to the respective authorized 9 user group proposing the rule with a statement indicating the 10 director’s reason for refusing to approve and adopt the rule. 11 Sec. 138. Section 8D.9, subsection 2, paragraph b, Code 12 2024, is amended to read as follows: 13 b. A private or public agency, other than an institution 14 under the control of the state board of regents, a private 15 college or university, or a nonpublic school, shall petition 16 the commission for a waiver of the requirement to use the 17 network as provided in paragraph “a” , if the agency determines 18 that paragraph “a” , subparagraph (1) or (2) , applies. The 19 commission director shall establish by rule a review process 20 for determining, upon application of an authorized user, 21 whether paragraph “a” , subparagraph (1) or (2) , applies. An 22 authorized user found by the commission to be under contract 23 for such services as provided in paragraph “a” , subparagraph 24 (2), shall not enter into another contract upon the expiration 25 of such contract, but shall utilize the network for such 26 services as provided in this section unless paragraph “a” , 27 subparagraph (1), applies. A waiver approved by the commission 28 may be for a period as requested by the private or public 29 agency of up to three years. 30 Sec. 139. Section 10A.104, subsection 2, Code 2024, is 31 amended to read as follows: 32 2. Appoint the administrators of the divisions within 33 the department and all other personnel deemed necessary for 34 the administration of this chapter , except the state public 35 -55- HF 2574.4054 (3) 90 ss/ns 55/ 237
defender, assistant state public defenders, administrator of 1 the racing and gaming commission, labor commissioner, workers’ 2 compensation commissioner, director of the Iowa state office of 3 civil rights commission , and members of the employment appeal 4 board. All persons appointed and employed in the department 5 are covered by the provisions of chapter 8A, subchapter IV , but 6 persons not appointed by the director are exempt from the merit 7 system provisions of chapter 8A, subchapter IV . 8 Sec. 140. Section 12.72, subsection 1, Code 2024, is amended 9 to read as follows: 10 1. A vision Iowa fund is created and established as a 11 separate and distinct fund in the state treasury. The moneys 12 in the fund are appropriated to the enhance Iowa economic 13 development authority board for purposes of the vision Iowa 14 program established in section 15F.302 . Moneys in the fund 15 shall not be subject to appropriation for any other purpose by 16 the general assembly, but shall be used only for the purposes 17 of the vision Iowa fund. The treasurer of state shall act as 18 custodian of the fund and disburse moneys contained in the 19 fund as directed by the enhance Iowa economic development 20 authority board, including automatic disbursements of funds 21 received pursuant to the terms of bond indentures and documents 22 and security provisions to trustees. The fund shall be 23 administered by the enhance Iowa economic development authority 24 board which shall make expenditures from the fund consistent 25 with the purposes of the vision Iowa program without further 26 appropriation. An applicant under the vision Iowa program 27 shall not receive more than seventy-five million dollars in 28 financial assistance from the fund. 29 Sec. 141. Section 12.75, subsection 1, Code 2024, is amended 30 to read as follows: 31 1. The enhance Iowa economic development authority board 32 may undertake a project for two or more applicants jointly 33 or for any combination of applicants, and may combine for 34 financing purposes, with the consent of all of the applicants 35 -56- HF 2574.4054 (3) 90 ss/ns 56/ 237
which are involved, the project and some or all future projects 1 of any applicant, and section 12.71, Code 2020 , sections 12.72 2 and 12.74 , this section , and sections 12.76 and 12.77 apply to 3 and for the benefit of the enhance Iowa economic development 4 authority board and the joint applicants. However, the money 5 set aside in a fund or funds pledged for any series or issue 6 of bonds or notes shall be held for the sole benefit of the 7 series or issue separate and apart from money pledged for 8 another series or issue of bonds or notes of the treasurer 9 of state. To facilitate the combining of projects, bonds or 10 notes may be issued in series under one or more resolutions or 11 trust agreements and may be fully open-ended, thus providing 12 for the unlimited issuance of additional series, or partially 13 open-ended, limited as to additional series. 14 Sec. 142. Section 12C.6, subsection 2, paragraphs a, c, d, 15 e, and f, Code 2024, are amended to read as follows: 16 a. A committee composed of the superintendent of banking, 17 the superintendent of credit unions, the auditor of state or 18 a designee, and the treasurer of state shall meet on or about 19 the first of each month or at other times as the committee 20 may prescribe and by majority action The treasurer of state, 21 in consultation with subject matter experts as needed, shall 22 establish a minimum rate to be earned on state funds placed in 23 time deposits. 24 c. An interest rate established by the committee treasurer 25 of state under this section shall be in effect commencing 26 on the eighth calendar day following the day the rate is 27 established and until a different rate is established and takes 28 effect. 29 d. The committee treasurer of state shall give advisory 30 notice of an interest rate established under this section . 31 This notice may be given by publication in one or more 32 newspapers, by publication in the Iowa administrative bulletin, 33 by ordinary mail to persons directly affected, by any other 34 method determined by the committee treasurer of state , or by 35 -57- HF 2574.4054 (3) 90 ss/ns 57/ 237
a combination of these. In all cases, the notice shall be 1 published in the Iowa administrative bulletin. 2 e. The notice shall contain the following words: 3 The rate of interest has been determined by a committee the 4 treasurer of state of the state of Iowa to be the minimum 5 interest rate that shall be paid on public funds deposited in 6 approved financial institutions. To be eligible to accept 7 deposits of public funds of the state of Iowa, a financial 8 institution shall demonstrate a commitment to serve the 9 needs of the local community in which it is chartered to do 10 business. These needs include credit services as well as 11 deposit services. All such financial institutions are required 12 to provide the committee treasurer of state with a written 13 description of their commitment to provide credit services in 14 the community. This statement is available for examination by 15 citizens. 16 f. The notice shall also provide the name and address of a 17 state official to whom inquiries can be sent. Actions of the 18 committee treasurer of state under this section and section 19 12C.6A are exempt from chapter 17A . 20 Sec. 143. Section 12C.6A, subsection 2, Code 2024, is 21 amended to read as follows: 22 2. In addition to establishing a minimum interest rate for 23 public funds pursuant to section 12C.6 , the committee composed 24 of the superintendent of banking, the superintendent of credit 25 unions, the auditor of state or a designee, and the treasurer 26 of state , in consultation with subject matter experts as 27 needed, shall develop a list of financial institutions eligible 28 to accept state public funds. The committee treasurer of state 29 shall require that a financial institution seeking to qualify 30 for the list shall annually provide the committee treasurer 31 of state a written statement that the financial institution 32 has complied with the requirements of this chapter and has a 33 commitment to community reinvestment consistent with the safe 34 and sound operation of a financial institution, unless the 35 -58- HF 2574.4054 (3) 90 ss/ns 58/ 237
financial institution has received a rating of satisfactory 1 or higher pursuant to the federal Community Reinvestment 2 Act, 12 U.S.C. §2901 et seq., and such rating is certified 3 to the committee treasurer of state by the superintendent of 4 banking. To qualify for the list, a financial institution must 5 demonstrate a continuing commitment to meet the credit needs of 6 the local community in which it is chartered. 7 Sec. 144. Section 12C.6A, subsection 3, unnumbered 8 paragraph 1, Code 2024, is amended to read as follows: 9 The committee treasurer of state may require a financial 10 institution to provide public notice inviting the public to 11 submit comments to the financial institution regarding its 12 community lending activities. Each financial institution shall 13 maintain a file open to public inspection which contains public 14 comments received on its community investment activities, and 15 the financial institution’s response to those comments. The 16 committee treasurer of state shall adopt procedures for both 17 of the following: 18 Sec. 145. Section 12C.6A, subsection 4, unnumbered 19 paragraph 1, Code 2024, is amended to read as follows: 20 At least once a year the committee treasurer of state 21 shall review any challenges that have been filed pursuant 22 to subsection 3 . The committee treasurer of state may hold 23 a public hearing to consider the challenge. In considering 24 a challenge, the committee treasurer of state shall review 25 documents filed with federal regulatory authorities pursuant to 26 the Community Reinvestment Act, 12 U.S.C. §2901 et seq., and 27 regulations adopted pursuant to the Act, as amended to January 28 1, 1990. In addition, consistent with the confidentiality of 29 financial institution records the committee treasurer of state 30 shall consider other factors including, but not limited to, the 31 following: 32 Sec. 146. Section 12C.6A, subsection 5, Code 2024, is 33 amended to read as follows: 34 5. a. A person who believes a bank has failed to meet its 35 -59- HF 2574.4054 (3) 90 ss/ns 59/ 237
community reinvestment responsibility may file a complaint with 1 the committee treasurer of state detailing the basis for that 2 belief. 3 b. If any committee member, in the member’s discretion, 4 the treasurer of state, in the treasurer’s discretion, finds 5 that the complaint has merit, the member treasurer of state may 6 order the bank alleged to have failed to meet its community 7 reinvestment responsibility to attend and participate in a 8 meeting with the complainant. The committee member treasurer 9 of state may specify who, at minimum, shall represent the bank 10 at the meeting. At the meeting, or at any other time, the bank 11 may, but is not required to, enter into an agreement with a 12 complainant to correct alleged failings. 13 c. A majority of the committee The treasurer of state may 14 order a bank against which a complaint has been filed pursuant 15 to this subsection , to disclose such additional information 16 relating to community reinvestment as required by the order of 17 the majority of the committee treasurer of state . 18 d. This subsection does not preempt any other remedies 19 available under statutory or common law available to the 20 committee treasurer of state , the superintendent of banking, or 21 aggrieved persons to cure violations of this section or chapter 22 524 , or rules adopted pursuant to this section or chapter 524 . 23 The committee treasurer of state may conduct a public hearing 24 as provided in subsection 4 based upon the same complaint. An 25 order finding merit in a complaint and ordering a meeting is 26 not an election of remedies. 27 Sec. 147. Section 15.105, subsection 1, paragraph a, 28 subparagraph (1), Code 2024, is amended to read as follows: 29 (1) The powers of the authority are vested in and shall 30 be exercised by a board of eleven voting members selected at 31 large and appointed by the governor subject to confirmation 32 by the senate. The voting members shall be comprised of the 33 following: 34 (a) Two members from each United States congressional 35 -60- HF 2574.4054 (3) 90 ss/ns 60/ 237
district established under section 40.1 in the state. 1 (b) Three members selected at large. 2 Sec. 148. Section 15.108, subsection 5, paragraph c, Code 3 2024, is amended to read as follows: 4 c. Coordinate and develop with the department of 5 transportation, the department of natural resources, the 6 enhance Iowa board, other state agencies, and local and 7 regional entities public interpretation, marketing, and 8 education programs that encourage Iowans and out-of-state 9 visitors to participate in the recreational and leisure 10 opportunities available in Iowa. The authority shall establish 11 and administer a program that helps connect both Iowa residents 12 and residents of other states to new and existing Iowa 13 experiences as a means to enhance the economic, social, and 14 cultural well-being of the state. The program shall include 15 a broad range of new opportunities, both rural and urban, 16 including main street destinations, green space initiatives, 17 and artistic and cultural attractions. 18 Sec. 149. Section 15.108, subsection 8, paragraph b, 19 subparagraphs (4) and (5), Code 2024, are amended to read as 20 follows: 21 (4) Compile, in consultation with the Iowa arts council, 22 a list of grant applications recommended for funding in 23 accordance with the amount available for distribution as 24 provided in section 15.481, subsection 3 . The list of 25 recommended grant applications shall be submitted to the Iowa 26 cultural trust board of trustees for approval. 27 (5) Monitor the allocation and use of grant moneys by all 28 qualified organizations to determine whether moneys are used 29 in accordance with the provisions of this paragraph “b” and 30 subchapter II, part 30 . The authority shall annually submit 31 a report with the authority’s findings and recommendations to 32 the Iowa cultural trust board of trustees prior to final board 33 action in approving grants for the next succeeding fiscal year. 34 Sec. 150. Section 15.116, Code 2024, is amended to read as 35 -61- HF 2574.4054 (3) 90 ss/ns 61/ 237
follows: 1 15.116 Technology commercialization committee. 2 To evaluate and make recommendations to the authority 3 on appropriate funding for the projects and programs 4 applying for financial assistance from the innovation 5 and commercialization development fund created in section 6 15.412 , the economic development authority shall create a 7 technology commercialization committee composed of members 8 with expertise in the areas of biosciences, engineering, 9 manufacturing, pharmaceuticals, materials, information 10 solutions, software, and energy. At least one member of the 11 technology commercialization committee shall be a member of the 12 economic development authority. An organization designated by 13 the authority, composed of members from both the public and 14 private sectors and composed of subunits or subcommittees in 15 the areas of already identified bioscience platforms, education 16 and workforce development, commercialization, communication, 17 policy and governance, and finance, shall provide funding 18 recommendations to the technology commercialization committee. 19 Members of the committee shall be eligible for a per diem as 20 specified in section 7E.6 for each day spent in performance of 21 duties as members, and shall receive compensation for mileage 22 to and from meetings. 23 Sec. 151. Section 15.117A, subsection 2, paragraph a, 24 unnumbered paragraph 1, Code 2024, is amended to read as 25 follows: 26 Twenty-nine Nine voting members as follows: 27 Sec. 152. Section 15.117A, subsection 2, paragraph a, 28 subparagraphs (1), (3), and (9), Code 2024, are amended to read 29 as follows: 30 (1) Twenty Three members selected by the board to serve 31 staggered, two-year terms beginning and ending as provided 32 in section 69.19 . Of the members selected by the board, 33 fourteen shall be representatives from businesses in the 34 targeted industries and six shall be individuals who serve 35 -62- HF 2574.4054 (3) 90 ss/ns 62/ 237
on the technology commercialization committee created in 1 section 15.116 , or other committees of the board, and who 2 have expertise with the targeted industries. At least ten of 3 the members selected pursuant to this subparagraph shall be 4 executives actively engaged in the management of a business in 5 a targeted industry. The members selected pursuant to this 6 paragraph subparagraph shall have expertise in the targeted 7 industries and reflect the size and diversity of businesses in 8 the targeted industries and of the various geographic areas of 9 the state . 10 (3) The director of the authority , or the director’s 11 designee . 12 (9) Two One community college presidents from 13 geographically diverse areas of the state president , selected 14 by the Iowa association of community college trustees. 15 Sec. 153. Section 15.117A, subsection 2, paragraph a, 16 subparagraphs (2) and (4), Code 2024, are amended by striking 17 the subparagraphs. 18 Sec. 154. Section 15.117A, subsection 4, Code 2024, is 19 amended to read as follows: 20 4. The chief technology officer appointed pursuant to 21 section 15.117 council shall be select the chairperson of the 22 council and , who shall be responsible for convening meetings of 23 the council and coordinating its activities and shall convene 24 the council at least annually . The council shall annually 25 elect one of the voting members to serve as vice chairperson. 26 A majority of the members of the council constitutes a quorum. 27 However, the chief technology officer chairperson shall not 28 convene a meeting of the council unless the director of the 29 authority, or the director’s designee, is present at the 30 meeting. 31 Sec. 155. Section 15.117A, subsection 6, paragraphs a, b, 32 and d, Code 2024, are amended by striking the paragraphs. 33 Sec. 156. Section 15.117A, Code 2024, is amended by adding 34 the following new subsection: 35 -63- HF 2574.4054 (3) 90 ss/ns 63/ 237
NEW SUBSECTION . 7. A committee appointed by the 1 director and the chairperson of the council shall review and 2 make recommendations on all applications received by the 3 authority for financial assistance under the Iowa strategic 4 infrastructure program pursuant to section 15.313. Persons 5 appointed to a committee pursuant to this subsection are not 6 required to be members of the council. 7 Sec. 157. Section 15.439, subsection 1, paragraphs a, c, d, 8 and e, Code 2024, are amended to read as follows: 9 a. The authority shall establish and administer an Iowa 10 great places program for purposes of combining resources of 11 state government in an effort to showcase the unique and 12 authentic qualities of communities, regions, neighborhoods, and 13 districts that make such places exceptional places to work and 14 live. The authority shall provide administrative assistance to 15 the Iowa great places board. The authority shall coordinate 16 the efforts of the Iowa great places board with the efforts of 17 other state agencies participating in the program which shall 18 include but not be limited to the Iowa finance authority, the 19 department of health and human services, the department of 20 natural resources, the state department of transportation, and 21 the department of workforce development. 22 c. Initially, three Iowa great places projects shall be 23 identified by the Iowa great places board. The board authority 24 may identify additional Iowa great places for participation 25 under the program when places develop dimensions and meet 26 readiness criteria for participation under the program. 27 d. The authority shall work in cooperation with the enhance 28 Iowa board for purposes of maximizing and leveraging moneys 29 appropriated to identified Iowa great places. 30 e. d. As a condition of receiving state funds, an 31 identified Iowa great place shall present information to the 32 board authority concerning the proposed activities and total 33 financial needs of the project. 34 Sec. 158. Section 15.439, subsection 2, Code 2024, is 35 -64- HF 2574.4054 (3) 90 ss/ns 64/ 237
amended by striking the subsection. 1 Sec. 159. Section 15.439, subsections 3 and 4, Code 2024, 2 are amended to read as follows: 3 3. The board authority shall do all of the following: 4 a. Organize. 5 b. a. Identify Iowa great places for purposes of receiving 6 a package of resources under the program. 7 c. b. Identify a combination of state resources which can 8 be provided to Iowa great places. 9 4. Notwithstanding any restriction, requirement, or 10 duty to the contrary, in considering an application for a 11 grant, loan, or other financial or technical assistance for a 12 project identified in an Iowa great places agreement developed 13 pursuant to this section , a state agency shall give additional 14 consideration or additional points in the application of rating 15 or evaluation criteria to such applications. This subsection 16 applies to applications filed within three years of the Iowa 17 great places board’s authority’s identification of the project 18 for participation in the program. 19 Sec. 160. Section 15.478, subsection 1, Code 2024, is 20 amended by striking the subsection. 21 Sec. 161. Section 15.479, subsection 4, Code 2024, is 22 amended to read as follows: 23 4. The treasurer of state shall act as custodian of the 24 fund, shall invest moneys in the trust fund, and shall transfer 25 the interest attributable to the investment of trust fund 26 moneys to the grant account created in section 15.482 . The 27 trust fund’s principal shall not be used or accessed by the 28 department or the board authority for any purpose. 29 Sec. 162. Section 15.481, unnumbered paragraph 1, Code 30 2024, is amended to read as follows: 31 The board authority shall do any or all of the following: 32 Sec. 163. Section 15.481, subsections 2 and 3, Code 2024, 33 are amended to read as follows: 34 2. Approve or disapprove the grants recommended for 35 -65- HF 2574.4054 (3) 90 ss/ns 65/ 237
approval by the director, in consultation with the Iowa arts 1 council and the state historical society of Iowa, in accordance 2 with section 15.108, subsection 8 , paragraph “b” . The board 3 authority may remove any recommendation from the list, but 4 shall not add to or otherwise amend the list of recommended 5 grants. 6 3. Upon approving a grant, the board authority shall certify 7 to the treasurer of state the amount of financial assistance 8 payable from the grant account to the qualified organization 9 whose grant application is approved. 10 Sec. 164. Section 15.482, subsections 1 and 3, Code 2024, 11 are amended to read as follows: 12 1. An Iowa cultural trust grant account is created in 13 the office of the treasurer of state under the control of 14 the board authority to receive interest attributable to the 15 investment of trust fund moneys as required by section 15.479, 16 subsection 4 . The moneys in the grant account are appropriated 17 to the board authority for purposes of the Iowa cultural trust 18 created in section 15.479 . Moneys in the grant account shall 19 not be subject to appropriation for any other purpose by the 20 general assembly, but shall be used only for the purposes of 21 the Iowa cultural trust. The treasurer of state shall act as 22 custodian of the grant account and disburse moneys contained 23 in the grant account as directed by the board authority . The 24 board authority shall make expenditures from the grant account 25 consistent with the purposes of the Iowa cultural trust. 26 3. At any time when the principal balance in the trust fund 27 equals or exceeds three million dollars, the board authority 28 may use moneys in the grant account for a statewide educational 29 program to promote participation in, expanded support of, and 30 local endowment building for, Iowa nonprofit arts, history, and 31 sciences and humanities organizations. 32 Sec. 165. Section 15F.101, subsection 2, Code 2024, is 33 amended to read as follows: 34 2. “Board” means the enhance Iowa economic development 35 -66- HF 2574.4054 (3) 90 ss/ns 66/ 237
authority board as created in section 15F.102 15.105 . 1 Sec. 166. Section 15F.203, subsection 2, Code 2024, is 2 amended to read as follows: 3 2. A review committee composed of five members of the 4 board shall review community attraction and tourism program 5 applications forwarded to the board and make recommendations 6 regarding the applications to the board. The review committee 7 shall consist of members of the board, with one member from 8 each congressional district under section 15F.102, subsection 9 2 , paragraph “a” , and one member from the state at large under 10 section 15F.102, subsection 2 , paragraph “b” . 11 Sec. 167. Section 15F.304, subsection 2, Code 2024, is 12 amended to read as follows: 13 2. A review committee composed of six members of the 14 board shall review vision Iowa program applications and 15 river enhancement community attraction and tourism project 16 applications forwarded to the board and make recommendations 17 regarding the applications to the board. The review committee 18 shall consist of members of the board, with one member from 19 each congressional district under section 15F.102, subsection 20 2 , paragraph “a” , and two members from the state at large under 21 section 15F.102, subsection 2 , paragraph “b” . 22 Sec. 168. Section 15F.402, subsection 2, Code 2024, is 23 amended to read as follows: 24 2. A review committee composed of five members of the 25 board shall review sports tourism marketing and infrastructure 26 program applications forwarded to the board and make 27 recommendations regarding the applications to the authority. 28 The review committee shall consist of members of the board, 29 with one member from each congressional district under section 30 15F.102, subsection 2 , paragraph “a” , and one member from the 31 state at large under section 15F.102, subsection 2 , paragraph 32 “b” . 33 Sec. 169. Section 15H.3, subsection 1, paragraphs e and k, 34 Code 2024, are amended by striking the paragraphs. 35 -67- HF 2574.4054 (3) 90 ss/ns 67/ 237
Sec. 170. Section 16.2D, subsections 1, 2, 3, 4, 5, and 6, 1 Code 2024, are amended by striking the subsections. 2 Sec. 171. Section 16.2D, subsection 7, unnumbered paragraph 3 1, Code 2024, is amended to read as follows: 4 The duties of the council authority under this section shall 5 include but are not limited to the following: 6 Sec. 172. Section 16.2D, subsection 7, paragraph e, Code 7 2024, is amended to read as follows: 8 e. Advise the governor’s office, the authority, state 9 agencies, and private organizations on strategies to prevent 10 and eliminate homelessness. 11 Sec. 173. Section 16.2D, subsections 8, 9, and 10, Code 12 2024, are amended to read as follows: 13 8. The council authority shall file a point-in-time report 14 on homelessness in Iowa with the governor and the general 15 assembly on or before December 1 of each year. 16 9. a. The authority , in consultation with the council, 17 shall adopt rules pursuant to chapter 17A for carrying out the 18 duties of the council authority pursuant to this section . 19 b. The council authority shall establish internal rules of 20 procedure consistent with the provisions of this section . 21 c. Rules adopted or internal rules of procedure established 22 pursuant to paragraph “a” or “b” shall be consistent with the 23 requirements of the federal McKinney-Vento Homeless Assistance 24 Act, 42 U.S.C. §11301 et seq. 25 10. The council authority shall comply with the 26 requirements of chapters 21 and 22 . The authority shall be the 27 official repository of council records. 28 Sec. 174. Section 20.1, subsection 2, unnumbered paragraph 29 1, Code 2024, is amended to read as follows: 30 The general assembly declares that the purposes of the 31 public employment relations board established by employment 32 appeal board with respect to this chapter are to implement 33 the provisions of this chapter and adjudicate and conciliate 34 employment-related cases involving the state of Iowa and 35 -68- HF 2574.4054 (3) 90 ss/ns 68/ 237
other public employers and employee organizations. For these 1 purposes the powers and duties of the board include but are not 2 limited to the following: 3 Sec. 175. Section 20.3, subsection 2, Code 2024, is amended 4 to read as follows: 5 2. “Board” means the public employment relations appeal 6 board established under section 20.5 10A.601 . 7 Sec. 176. Section 20.6, subsection 1, Code 2024, is amended 8 to read as follows: 9 1. Administer the provisions of this chapter and delegate 10 the powers and duties of the board to the executive director or 11 persons employed by the board, as appropriate. 12 Sec. 177. Section 22.7, subsection 69, Code 2024, is amended 13 to read as follows: 14 69. The evidence of public employee support for 15 the certification, retention and recertification, or 16 decertification of an employee organization as defined in 17 section 20.3 that is submitted to the public employment 18 relations appeal board as provided in section 20.14 or 20.15 . 19 Sec. 178. Section 23A.2, subsection 6, paragraph a, Code 20 2024, is amended to read as follows: 21 a. The director of the department of corrections , with the 22 advice of the state prison industries advisory board, may, by 23 rule, provide for exemptions from this chapter . 24 Sec. 179. Section 35A.2, subsection 2, Code 2024, is amended 25 to read as follows: 26 2. Ten commissioners shall be honorably discharged members 27 of the armed forces of the United States. The American 28 legion of Iowa , disabled American veterans department of Iowa , 29 veterans of foreign wars department of Iowa , American veterans 30 of World War II, Korea, and Vietnam , the Vietnam veterans of 31 America, the military order of the purple heart, the paralyzed 32 veterans of America, and the Iowa association of county 33 commissioners and veteran service officers, through their 34 department commanders, shall submit two names respectively from 35 -69- HF 2574.4054 (3) 90 ss/ns 69/ 237
their organizations to the governor. The adjutant general and 1 the Iowa affiliate of the reserve officers association shall 2 may submit names to the governor of persons to represent the 3 Iowa national guard and the association reserve organization 4 of America . The governor shall appoint from the group of 5 names submitted by the adjutant general and reserve officers 6 association two representatives and from each of the other 7 organizations one representative to serve as a member of the 8 commission, unless the appointments would conflict with the 9 bipartisan and gender balance provisions of sections 69.16 and 10 69.16A . In addition, the governor shall appoint one member 11 of the public, knowledgeable in the general field of veterans 12 affairs, to serve on the commission. If an organization fails 13 to submit a recommendation pursuant to this subsection, the 14 governor may appoint any person to fill the vacancy. 15 Sec. 180. Section 68B.2, subsection 23, Code 2024, is 16 amended to read as follows: 17 23. “Regulatory agency” means the department of agriculture 18 and land stewardship, department of workforce development, 19 department of insurance and financial services, department 20 of public safety, department of education, state board of 21 regents, department of health and human services, department 22 of revenue, department of inspections, appeals, and licensing, 23 department of administrative services, public employment 24 relations appeal board, state department of transportation, 25 civil rights commission office of civil rights , department of 26 public defense, department of homeland security and emergency 27 management, Iowa ethics and campaign disclosure board, 28 utilities board, and department of natural resources. 29 Sec. 181. Section 68B.35, subsection 2, paragraph e, Code 30 2024, is amended to read as follows: 31 e. Members of the state banking council, the Iowa ethics and 32 campaign disclosure board, the credit union review board, the 33 economic development authority, the employment appeal board, 34 the environmental protection commission, the health facilities 35 -70- HF 2574.4054 (3) 90 ss/ns 70/ 237
council, the Iowa finance authority, the Iowa public employees’ 1 retirement system investment board, the Iowa lottery board 2 created in section 99G.8 , the natural resource commission, 3 the board of parole, the petroleum underground storage tank 4 fund board, the public employment relations board, the state 5 racing and gaming commission, the state board of regents, the 6 transportation commission, the office of consumer advocate, the 7 utilities board, the Iowa telecommunications and technology 8 commission, and any full-time members of other boards and 9 commissions as defined under section 7E.4 who receive an annual 10 salary for their service on the board or commission. The Iowa 11 ethics and campaign disclosure board shall conduct an annual 12 review to determine if members of any other board, commission, 13 or authority should file a statement and shall require the 14 filing of a statement pursuant to rules adopted pursuant to 15 chapter 17A . 16 Sec. 182. Section 70A.28, subsection 6, Code 2024, is 17 amended to read as follows: 18 6. Subsection 2 may also be enforced by an employee through 19 an administrative action pursuant to the requirements of this 20 subsection if the employee is not a merit system employee or 21 an employee covered by a collective bargaining agreement. An 22 employee eligible to pursue an administrative action pursuant 23 to this subsection who is discharged, suspended, demoted, 24 or otherwise receives a reduction in pay and who believes 25 the adverse employment action was taken as a result of the 26 employee’s disclosure of information that was authorized 27 pursuant to subsection 2 , may file an appeal of the adverse 28 employment action with the public employment relations appeal 29 board within thirty calendar days following the later of the 30 effective date of the action or the date a finding is issued 31 to the employee by the office of ombudsman pursuant to section 32 2C.11A . The findings issued by the ombudsman may be introduced 33 as evidence before the public employment relations appeal 34 board. The employee has the right to a hearing closed to 35 -71- HF 2574.4054 (3) 90 ss/ns 71/ 237
the public, but may request a public hearing. The hearing 1 shall otherwise be conducted in accordance with the rules of 2 the public employment relations appeal board and the Iowa 3 administrative procedure Act, chapter 17A . If the public 4 employment relations appeal board finds that the action taken 5 in regard to the employee was in violation of subsection 2 , the 6 employee may be reinstated without loss of pay or benefits for 7 the elapsed period, or the public employment relations appeal 8 board may provide other appropriate remedies. Decisions by 9 the public employment relations appeal board constitute final 10 agency action. 11 Sec. 183. Section 80.28, subsections 2 and 3, Code 2024, are 12 amended to read as follows: 13 2. The board shall consist of nineteen voting members, as 14 follows the following members, selected by the governor after 15 considering recommendations from professional or volunteer 16 organizations : 17 a. The following members representing state agencies: 18 (1) One member representing the department of public 19 safety. 20 (2) One member representing the state department of 21 transportation. 22 (3) One member representing the department of homeland 23 security and emergency management. 24 (4) One member representing the department of corrections. 25 (5) One member representing the department of natural 26 resources. 27 (6) One member representing the department of health and 28 human services. 29 (7) One member representing the office of the chief 30 information officer created in section 8B.2 . 31 (8) One member representing the Iowa law enforcement 32 academy created in section 80B.4 . 33 b. The governor shall solicit and consider recommendations 34 from professional or volunteer organizations in appointing the 35 -72- HF 2574.4054 (3) 90 ss/ns 72/ 237
following members: 1 (1) Two members who are representatives One member who is a 2 representative from a municipal police departments department . 3 (2) b. Two members who are representatives One member who 4 is a representative of a sheriff’s offices office . 5 (3) c. Two members who are representatives One member who 6 is a representative from a fire departments department . One 7 of the members shall be a volunteer fire fighter and the other 8 member shall be a paid fire fighter. 9 (4) d. Two members who are One member who is a law 10 communication center managers manager employed by a state or 11 local government agencies agency . 12 (5) e. One member representing local emergency management 13 coordinators. 14 (6) f. One member representing emergency medical service 15 providers. 16 (7) g. One at-large member. 17 3. In addition to the voting members listed in subsection 18 2 , the board membership shall include four members of the 19 general assembly with one member designated by each of 20 the following: the majority leader of the senate, the 21 minority leader of the senate, the speaker of the house of 22 representatives, and the minority leader of the house of 23 representatives. A legislative member serves for a term as 24 provided in section 69.16B in an ex officio, nonvoting capacity 25 and is eligible for per diem and expenses as provided in 26 section 2.10 . 27 Sec. 184. Section 84A.1A, subsection 1, unnumbered 28 paragraph 1, Code 2024, is amended to read as follows: 29 An Iowa workforce development board is created, consisting 30 of thirty-three voting members and thirteen nonvoting the 31 following members. 32 Sec. 185. Section 84A.1A, subsection 1, paragraph a, 33 subparagraph (5), Code 2024, is amended by striking the 34 subparagraph. 35 -73- HF 2574.4054 (3) 90 ss/ns 73/ 237
Sec. 186. Section 84A.1A, subsection 1, paragraph a, 1 subparagraph (8), unnumbered paragraph 1, Code 2024, is amended 2 to read as follows: 3 The following twenty-six members who shall be appointed by 4 the governor for staggered terms of four years beginning and 5 ending as provided in section 69.19 , subject to confirmation 6 by the senate: 7 Sec. 187. Section 84A.1A, subsection 1, paragraph a, 8 subparagraph (8), subparagraph division (a), unnumbered 9 paragraph 1, Code 2024, is amended to read as follows: 10 Seventeen Ten members who shall be representatives of 11 businesses in the state to whom each of the following applies , 12 and at least one of whom shall represent small businesses as 13 defined by the United States small business administration : 14 Sec. 188. Section 84A.1A, subsection 1, paragraph a, 15 subparagraph (8), subparagraph division (b), Code 2024, is 16 amended to read as follows: 17 (b) Seven Four members who shall be representatives of 18 the workforce in the state and who shall include all of the 19 following: 20 (i) Four At least two representatives of labor 21 organizations who have been nominated by state labor 22 federations. 23 (ii) One At least one representative of a joint 24 labor-management apprenticeship program in the state who shall 25 be a member of a labor organization or a training director. If 26 such a joint program does not exist in the state, the member 27 shall instead be a representative of an apprenticeship program 28 in the state. 29 (iii) Two representatives of community-based organizations 30 that have demonstrated experience and expertise in addressing 31 the employment, training, or education needs of individuals 32 with barriers to employment as defined in the federal Workforce 33 Innovation and Opportunity Act , Pub. L. No. 113-128, §3(24) , 34 including but not limited to organizations that serve veterans 35 -74- HF 2574.4054 (3) 90 ss/ns 74/ 237
or that provide or support competitive, integrated employment 1 for individuals with disabilities; or that serve eligible 2 youth, as defined in the federal Workforce Innovation and 3 Opportunity Act , Pub. L. No. 113-128, §3(18) , including 4 representatives of organizations that serve out-of-school 5 youth, as defined in the federal Workforce Innovation and 6 Opportunity Act , Pub. L. No. 113-128, §129(a)(1)(B) . 7 Sec. 189. Section 84A.1A, subsection 1, paragraph b, Code 8 2024, is amended by striking the paragraph and inserting in 9 lieu thereof the following: 10 b. The director of the department of education or the 11 director’s designee shall serve as an ex officio, nonvoting 12 member. 13 Sec. 190. Section 97B.8B, subsection 2, Code 2024, is 14 amended to read as follows: 15 2. Membership. The benefits advisory committee shall be 16 comprised of representatives of constituent groups concerned 17 with the retirement system, and shall include representatives 18 of employers, active members, and retired members. In 19 addition, the director of the department of administrative 20 services , or the director’s designee, and a member of the 21 public selected by the voting members of the committee shall 22 serve as members of the committee. The system shall adopt 23 rules under chapter 17A to provide for the selection of members 24 to the committee and the election of the voting members of the 25 committee. 26 Sec. 191. Section 100B.1, subsection 1, paragraph a, Code 27 2024, is amended to read as follows: 28 a. The council shall consist of eleven seven voting members 29 and one ex officio, nonvoting member. Voting members of the 30 state fire service and emergency response council shall be 31 appointed by the governor. 32 (1) The governor shall appoint consider appointing voting 33 members of the council from a list of nominees submitted by 34 each of the following organizations , but may appoint any person 35 -75- HF 2574.4054 (3) 90 ss/ns 75/ 237
to serve on the council : 1 (a) Two members from a list submitted by the The Iowa 2 firefighters association. 3 (b) Two members from a list submitted by the The Iowa fire 4 chiefs’ association. 5 (c) Two members from a list submitted by the The Iowa 6 professional fire fighters. 7 (d) Two members from a list submitted by the The Iowa 8 association of professional fire chiefs. 9 (e) One member from a list submitted by the The Iowa 10 emergency medical services association. 11 (2) A person nominated for inclusion in the voting 12 membership on the council is not required to be a member of the 13 organization that nominates the person. 14 (3) The tenth and eleventh voting members of the council 15 shall be members of the general public appointed by the 16 governor. 17 (4) (2) The labor commissioner, or the labor commissioner’s 18 designee, shall be a nonvoting, ex officio member of the 19 council. 20 Sec. 192. Section 100B.1, subsection 3, Code 2024, is 21 amended to read as follows: 22 3. Six Four voting members of the council shall constitute 23 a quorum. For the purpose of conducting business, a majority 24 vote of the council shall be required. The council shall elect 25 a chairperson from its members. The council shall meet at the 26 call of the chairperson, or the state fire marshal, or when any 27 six four members of the council file a written request with the 28 chairperson for a meeting. 29 Sec. 193. Section 100C.1, subsection 5, Code 2024, is 30 amended to read as follows: 31 5. “Automatic fire extinguishing system” means a system of 32 devices and equipment that automatically detects a fire and 33 discharges an approved fire extinguishing agent onto or in 34 the area of a fire and includes automatic sprinkler systems, 35 -76- HF 2574.4054 (3) 90 ss/ns 76/ 237
carbon dioxide extinguishing systems, deluge systems, automatic 1 dry-chemical extinguishing systems, foam extinguishing systems, 2 and halogenated extinguishing systems, or other equivalent fire 3 extinguishing technologies recognized by the fire extinguishing 4 system contractors advisory board department . 5 Sec. 194. Section 100C.7, Code 2024, is amended to read as 6 follows: 7 100C.7 Administration —— rules. 8 The director shall administer this chapter and , after 9 consultation with the fire extinguishing system contractors and 10 alarm systems advisory board, shall adopt rules pursuant to 11 chapter 17A necessary for the administration and enforcement of 12 this chapter . 13 Sec. 195. Section 100D.5, subsection 1, Code 2024, is 14 amended to read as follows: 15 1. After consultation with the fire extinguishing system 16 contractors and alarm systems advisory board established 17 pursuant to section 100C.10 , adopt Adopt rules pursuant to 18 chapter 17A necessary for the administration and enforcement of 19 this chapter . 20 Sec. 196. Section 123.8, subsection 1, Code 2024, is amended 21 to read as follows: 22 1. The commission, in addition to the duties specifically 23 enumerated in this chapter , shall act as a policy-making body 24 under this chapter and serve in an advisory capacity to the 25 director and department. 26 Sec. 197. Section 123.8, subsection 2, unnumbered paragraph 27 1, Code 2024, is amended to read as follows: 28 The commission may review and affirm, reverse, or amend all 29 provide advice and make recommendations regarding the actions 30 of the director under this chapter , including but not limited 31 to the following instances: 32 Sec. 198. Section 123.10, unnumbered paragraph 1, Code 33 2024, is amended to read as follows: 34 The director, with the approval advice of the commission and 35 -77- HF 2574.4054 (3) 90 ss/ns 77/ 237
subject to chapter 17A , may adopt rules as necessary to carry 1 out this chapter . The director’s authority under this chapter 2 extends to , but is not limited to , the following: 3 Sec. 199. Section 123.49, subsection 2, paragraph f, 4 subparagraph (4), Code 2024, is amended to read as follows: 5 (4) If a person employed under this paragraph reports an 6 incident of workplace harassment to the employer or if the 7 employer otherwise becomes aware of such an incident, the 8 employer shall report the incident to the employee’s parent, 9 guardian, or legal custodian and to the Iowa office of civil 10 rights commission , which shall determine if any action is 11 necessary or appropriate under chapter 216 . 12 Sec. 200. Section 124.551, subsection 1, Code 2024, is 13 amended to read as follows: 14 1. Contingent upon the receipt of funds pursuant to 15 section 124.557 sufficient to carry out the purposes of 16 this subchapter , the board, in conjunction with the advisory 17 council committee created in section 124.555 , shall establish 18 and maintain an information program for drug prescribing and 19 dispensing. 20 Sec. 201. Section 124.553, subsection 1, paragraph b, Code 21 2024, is amended to read as follows: 22 b. An individual who requests the individual’s own program 23 information in accordance with the procedure established in 24 rules of the board and advisory council adopted under section 25 124.554 . 26 Sec. 202. Section 124.554, subsection 1, unnumbered 27 paragraph 1, Code 2024, is amended to read as follows: 28 The board and advisory council shall jointly adopt rules in 29 accordance with chapter 17A to carry out the purposes of, and 30 to enforce the provisions of, this subchapter . The rules shall 31 include but not be limited to the development of procedures 32 relating to: 33 Sec. 203. Section 124.554, subsection 1, paragraphs f, g, 34 and h, Code 2024, are amended to read as follows: 35 -78- HF 2574.4054 (3) 90 ss/ns 78/ 237
f. Use by the board or advisory council committee of the 1 program request records required by section 124.553, subsection 2 2 , to document and report statistical information. 3 g. Including all schedule II, schedule III, and schedule 4 IV controlled substances, schedule V controlled substances 5 including when dispensed by a pharmacist without a prescription 6 except for sales of pseudoephedrine that are reported to the 7 real-time electronic repository, opioid antagonists, and other 8 prescription substances that the advisory council committee and 9 board determine can be addictive or fatal if not taken under 10 the proper care and direction of a prescribing practitioner. 11 h. Access by a pharmacist or prescribing practitioner to 12 information in the program pursuant to a written agreement with 13 the board and advisory council . 14 Sec. 204. Section 124.554, subsection 2, unnumbered 15 paragraph 1, Code 2024, is amended to read as follows: 16 Beginning February 1, 2021, and annually by February 1 17 thereafter, the board and advisory council shall present to the 18 general assembly and the governor a report prepared consistent 19 with section 124.555, subsection 3 , paragraph “d” , which shall 20 include but not be limited to the following: 21 Sec. 205. Section 124.554, subsection 2, paragraphs b and c, 22 Code 2024, are amended to read as follows: 23 b. Information from pharmacies, prescribing practitioners, 24 the board, the advisory council committee , and others regarding 25 the benefits or detriments of the program. 26 c. Information from pharmacies, prescribing practitioners, 27 the board, the advisory council committee , and others regarding 28 the board’s effectiveness in providing information from the 29 program. 30 Sec. 206. Section 124.554, subsection 3, paragraph a, 31 subparagraph (6), Code 2024, is amended to read as follows: 32 (6) Other pertinent information identified by the board and 33 advisory council by rule. 34 Sec. 207. Section 124.555, unnumbered paragraph 1, Code 35 -79- HF 2574.4054 (3) 90 ss/ns 79/ 237
2024, is amended to read as follows: 1 An advisory council committee shall be established to 2 provide oversight to assist the board and in the management of 3 the program and to comanage program activities. 4 Sec. 208. Section 124.555, subsections 1 and 2, Code 2024, 5 are amended to read as follows: 6 1. The council committee shall consist of five members 7 appointed by the board. The members shall include at least 8 one licensed pharmacist prescribing practitioner licensed 9 by the board , one physician licensed under chapter 148 , one 10 prescribing practitioner licensed by the board of nursing , and 11 one licensed prescribing practitioner who is not a physician, 12 and other members as determined by the board. The board 13 shall adopt rules in accordance with chapter 17A on matters 14 pertaining to the council committee membership, including the 15 terms of appointment and quorum. The board shall solicit 16 recommendations for council committee members from Iowa health 17 professional licensing boards, associations, and societies. 18 The license of each member appointed to and serving on the 19 advisory council committee shall be current and in good 20 standing with the professional’s licensing board. 21 2. The council committee shall advance the goals of the 22 program, which include identification of misuse and diversion 23 of controlled substances identified pursuant to section 24 124.554, subsection 1 , paragraph “g” , and enhancement of the 25 quality of health care delivery in this state. 26 Sec. 209. Section 124.555, subsection 3, unnumbered 27 paragraph 1, Code 2024, is amended to read as follows: 28 Duties of the council committee shall include but not be 29 limited to the following: 30 Sec. 210. Section 124.555, subsection 3, paragraph d, Code 31 2024, is amended to read as follows: 32 d. Making recommendations regarding the continued benefits 33 of maintaining the program in relationship to cost and other 34 burdens to the patient, prescribing practitioner, pharmacist, 35 -80- HF 2574.4054 (3) 90 ss/ns 80/ 237
and the board. The council’s committee’s recommendations shall 1 be included in reports required by section 124.554, subsection 2 2 . 3 Sec. 211. Section 124.555, subsection 4, Code 2024, is 4 amended to read as follows: 5 4. Members of the advisory council committee shall 6 be eligible to request and receive actual expenses for 7 their duties as members of the advisory council committee , 8 subject to reimbursement limits imposed by the department of 9 administrative services, and shall also be eligible to receive 10 a per diem compensation as provided in section 7E.6, subsection 11 1 . 12 Sec. 212. Section 124.556, Code 2024, is amended to read as 13 follows: 14 124.556 Education and treatment. 15 The program shall include education initiatives and outreach 16 to consumers, prescribing practitioners, and pharmacists, and 17 shall also include assistance for identifying substance use 18 disorder treatment programs and providers. The program shall 19 also include educational updates and information on general 20 patient risk factors for prescribing practitioners. The board 21 and advisory council shall adopt rules, as provided under 22 section 124.554 , to implement this section . 23 Sec. 213. Section 135.11, subsection 22, Code 2024, is 24 amended to read as follows: 25 22. In consultation with the advisory committee for 26 perinatal guidelines, develop Develop and maintain the 27 statewide perinatal program based on the recommendations of 28 the American academy of pediatrics and the American college 29 of obstetricians and gynecologists contained in the most 30 recent edition of the guidelines for perinatal care, and 31 adopt rules in accordance with chapter 17A to implement those 32 recommendations. Hospitals within the state shall determine 33 whether to participate in the statewide perinatal program, 34 and select the hospital’s level of participation in the 35 -81- HF 2574.4054 (3) 90 ss/ns 81/ 237
program. A hospital having determined to participate in the 1 program shall comply with the guidelines appropriate to the 2 level of participation selected by the hospital. Perinatal 3 program surveys and reports are privileged and confidential 4 and are not subject to discovery, subpoena, or other means 5 of legal compulsion for their release to a person other than 6 the affected hospital, and are not admissible in evidence in a 7 judicial or administrative proceeding other than a proceeding 8 involving verification of the participating hospital under this 9 subsection . 10 Sec. 214. Section 135.43, subsections 1 and 2, Code 2024, 11 are amended to read as follows: 12 1. An Iowa child death A state mortality review team 13 committee is established in the department. The department 14 shall provide staffing and administrative support to the team 15 committee . 16 2. The membership of the review team committee is subject 17 to the provisions of sections 69.16 and 69.16A , relating 18 to political affiliation and gender balance. Review team 19 committee members who are not designated by another appointing 20 authority shall be appointed by the director. Membership terms 21 shall be for three years. A membership vacancy shall be filled 22 in the same manner as the original appointment. The review 23 team committee shall elect a chairperson and other officers 24 as deemed necessary by the review team committee . The review 25 team committee shall meet upon the call of the director or 26 as determined by the review team committee . The review team 27 committee shall include the following: 28 a. The state medical examiner or the state medical 29 examiner’s designee. 30 b. A certified or licensed professional who is knowledgeable 31 concerning sudden infant death syndrome. 32 c. A pediatrician who is knowledgeable concerning deaths of 33 children. 34 d. A family practice physician who is knowledgeable 35 -82- HF 2574.4054 (3) 90 ss/ns 82/ 237
concerning deaths of children. 1 e. One mental health professional who is knowledgeable 2 concerning deaths of children. 3 f. One social worker who is knowledgeable concerning deaths 4 of children. 5 g. A certified or licensed professional who is knowledgeable 6 concerning domestic violence. 7 h. A professional who is knowledgeable concerning substance 8 use disorder. 9 i. A local law enforcement official. 10 j. A county attorney. 11 k. An emergency room nurse who is knowledgeable concerning 12 the deaths of children. 13 l. A perinatal expert. 14 m. A representative of the health insurance industry. 15 n. One other member who is appointed at large. 16 b. A licensed physician knowledgeable concerning the causes 17 of death. 18 c. A certified or licensed professional knowledgeable 19 regarding substance use disorder. 20 d. An attorney experienced in prosecuting domestic abuse 21 cases. 22 e. An expert in unexpected or unexplained infant deaths. 23 f. A clerk of a district court, to be appointed by the chief 24 justice of the supreme court. 25 g. A judicial officer, to be appointed by the chief justice 26 of the supreme court. 27 h. A local law enforcement official. 28 i. A social worker knowledgeable about deaths of children. 29 j. Additional members as determined by the director. 30 Sec. 215. Section 135.43, subsection 3, unnumbered 31 paragraph 1, Code 2024, is amended to read as follows: 32 The review team committee shall perform the following 33 duties: 34 Sec. 216. Section 135.43, subsection 3, paragraphs a, c, e, 35 -83- HF 2574.4054 (3) 90 ss/ns 83/ 237
f, and g, Code 2024, are amended to read as follows: 1 a. Collect, review, and analyze child death certificates and 2 child death data, including patient records or other pertinent 3 confidential information concerning the deaths of children 4 under age eighteen, and other information as the review team 5 committee deems appropriate for use in preparing an annual 6 report to the governor and the general assembly concerning the 7 causes and manner of child deaths. The report shall include 8 analysis of factual information obtained through review and 9 recommendations regarding prevention of child deaths. 10 c. Recommend to the agencies represented on the review team 11 committee changes which may prevent child deaths. 12 e. Recommend to the department, appropriate law enforcement 13 agencies, and any other person involved with child protection, 14 interventions that may prevent harm to a child who is related 15 to or is living in the same home as a child whose case is 16 reviewed by the team committee . 17 f. If the sharing of information is necessary to assist in 18 or initiate a child death investigation or criminal prosecution 19 and the office or agency receiving the information does not 20 otherwise have access to the information, share information 21 possessed by the review team committee with the office of the 22 attorney general, a county attorney’s office, or an appropriate 23 law enforcement agency. The office or agency receiving 24 the information shall maintain the confidentiality of the 25 information in accordance with this section . Unauthorized 26 release or disclosure of the information received is subject to 27 penalty as provided in this section . 28 g. In order to assist the department in performing the 29 department’s duties, if the department does not otherwise have 30 access to the information, share information possessed by the 31 review team committee . The recipient of the information shall 32 maintain the confidentiality of the information in accordance 33 with this section . Unauthorized release or disclosure of the 34 information received is subject to penalty as provided in this 35 -84- HF 2574.4054 (3) 90 ss/ns 84/ 237
section . 1 Sec. 217. Section 135.43, subsection 4, unnumbered 2 paragraph 1, Code 2024, is amended to read as follows: 3 The department shall develop protocols for a child fatality 4 review committee, to be appointed by the director on an ad hoc 5 basis, the state mortality review committee to immediately 6 review the child abuse assessments which involve the fatality 7 of a child under age eighteen. The director shall appoint a 8 medical examiner, a pediatrician, and a person involved with 9 law enforcement to the committee. 10 Sec. 218. Section 135.43, subsection 4, paragraph a, Code 11 2024, is amended to read as follows: 12 a. The purpose of the review shall be to determine whether 13 the department and others involved with the case of child abuse 14 responded appropriately. The protocols shall provide for 15 the committee to consult with any multidisciplinary team, as 16 defined in section 235A.13 , that is operating in the area in 17 which the fatality occurred. The protocols shall also ensure 18 that a member of the child fatality review committee does not 19 have a conflict of interest regarding the child fatality under 20 review. 21 Sec. 219. Section 135.43, subsection 5, paragraph a, 22 unnumbered paragraph 1, Code 2024, is amended to read as 23 follows: 24 The following individuals shall designate a liaison 25 to assist the review team committee in fulfilling its 26 responsibilities: 27 Sec. 220. Section 135.43, subsection 5, paragraph b, Code 28 2024, is amended to read as follows: 29 b. In addition, the department shall designate a liaison 30 from the public at large to assist the review team committee in 31 fulfilling its responsibilities. 32 Sec. 221. Section 135.43, subsections 6, 7, and 8, Code 33 2024, are amended to read as follows: 34 6. The review team committee may establish subcommittees to 35 -85- HF 2574.4054 (3) 90 ss/ns 85/ 237
which the team committee may delegate some or all of the team’s 1 committee’s responsibilities under subsection 3 . 2 7. a. The department shall adopt rules providing for 3 disclosure of information which is confidential under chapter 4 22 or any other provision of state law, to the review team 5 committee for purposes of performing its child death and child 6 abuse review responsibilities. 7 b. A person in possession or control of medical, 8 investigative, assessment, or other information pertaining to a 9 child death and child abuse review shall allow the inspection 10 and reproduction of the information by the department 11 upon the request of the department, to be used only in the 12 administration and for the duties of the Iowa child death 13 state mortality review team committee . Except as provided 14 for a report on a child fatality by an ad hoc child fatality 15 review the committee under subsection 4 , information and 16 records produced under this section which are confidential 17 under section 22.7 and chapter 235A , and information or records 18 received from the confidential records, remain confidential 19 under this section . A person does not incur legal liability by 20 reason of releasing information to the department as required 21 under and in compliance with this section . 22 8. Review team committee members and their agents are immune 23 from any liability, civil or criminal, which might otherwise 24 be incurred or imposed as a result of any act, omission, 25 proceeding, decision, or determination undertaken or performed, 26 or recommendation made as a review team committee member or 27 agent provided that the review team committee members or agents 28 acted in good faith and without malice in carrying out their 29 official duties in their official capacity. The department 30 shall adopt rules pursuant to chapter 17A to administer 31 this subsection . A complainant bears the burden of proof in 32 establishing malice or lack of good faith in an action brought 33 against review team committee members involving the performance 34 of their duties and powers under this section . 35 -86- HF 2574.4054 (3) 90 ss/ns 86/ 237
Sec. 222. Section 135.108, Code 2024, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 01. “Committee” or “review committee” means 3 the state mortality review committee established in section 4 135.43. 5 Sec. 223. Section 135.108, subsection 4, Code 2024, is 6 amended by striking the subsection. 7 Sec. 224. Section 135.110, subsection 1, unnumbered 8 paragraph 1, Code 2024, is amended to read as follows: 9 The review team committee shall perform the following 10 duties: 11 Sec. 225. Section 135.110, subsection 1, paragraphs b and c, 12 Code 2024, are amended to read as follows: 13 b. Advise and consult the agencies represented on the team 14 and other state agencies regarding program and regulatory 15 changes that may prevent domestic abuse deaths. 16 c. Develop protocols for domestic abuse death investigations 17 and team committee review. 18 Sec. 226. Section 135.110, subsections 2, 3, 4, 5, and 6, 19 Code 2024, are amended to read as follows: 20 2. In performing duties pursuant to subsection 1 , the 21 review team committee shall review the relationship between the 22 decedent victim and the alleged or convicted perpetrator from 23 the point where the abuse allegedly began, until the domestic 24 abuse death occurred, and shall review all relevant documents 25 pertaining to the relationship between the parties, including 26 but not limited to protective orders and dissolution, custody, 27 and support agreements and related court records, in order to 28 ascertain whether a correlation exists between certain events 29 in the relationship and any escalation of abuse, and whether 30 patterns can be established regarding such events in relation 31 to domestic abuse deaths in general. The review team committee 32 shall consider such conclusions in making recommendations 33 pursuant to subsection 1 . 34 3. The team committee shall meet upon the call of the 35 -87- HF 2574.4054 (3) 90 ss/ns 87/ 237
chairperson, upon the request of a state agency, or as 1 determined by a majority of the team committee . 2 4. The team committee shall annually elect a chairperson and 3 other officers as deemed necessary by the team committee . 4 5. The team committee may establish committees 5 subcommittees or panels to whom the team committee may assign 6 some or all of the team’s committee’s responsibilities. 7 6. Members of the team committee who are currently 8 practicing attorneys or current employees of the judicial 9 branch of state government shall not participate in the 10 following: 11 a. An investigation by the team committee that involves a 12 case in which the team committee member is presently involved 13 in the member’s professional capacity. 14 b. Development of protocols by the team committee for 15 domestic abuse death investigations and team committee review. 16 c. Development of regulatory changes related to domestic 17 abuse deaths. 18 Sec. 227. Section 135.111, subsection 1, Code 2024, is 19 amended to read as follows: 20 1. A person in possession or control of medical, 21 investigative, or other information pertaining to a domestic 22 abuse death and related incidents and events preceding the 23 domestic abuse death, shall allow for the inspection and review 24 of written or photographic information related to the death, 25 whether the information is confidential or public in nature, by 26 the department upon the request of the department and the team 27 committee , to be used only in the administration and for the 28 official duties of the team committee . Information and records 29 produced under this section that are confidential under the law 30 of this state or under federal law, or because of any legally 31 recognized privilege, and information or records received 32 from the confidential records, remain confidential under this 33 section . 34 Sec. 228. Section 135.112, Code 2024, is amended to read as 35 -88- HF 2574.4054 (3) 90 ss/ns 88/ 237
follows: 1 135.112 Rulemaking. 2 The department shall adopt rules pursuant to chapter 17A 3 relating to the administration of the domestic abuse death 4 review team committee and sections 135.108 through 135.111 . 5 Sec. 229. Section 147.13, subsection 21, Code 2024, is 6 amended by striking the subsection. 7 Sec. 230. Section 147.14, subsection 1, paragraphs a, b, d, 8 e, n, and s, Code 2024, are amended to read as follows: 9 a. For medicine, five three members licensed to practice 10 medicine and surgery, two members one member licensed to 11 practice osteopathic medicine and surgery, and three members 12 not licensed to practice either medicine and surgery or 13 osteopathic medicine and surgery, and who shall represent the 14 general public. 15 b. For nursing, four three registered nurses, two one of 16 whom shall be actively engaged in practice, two one of whom 17 shall be a nurse educators educator from a nursing education 18 programs; of these, one in higher education and one in area 19 community and vocational-technical registered nurse education 20 program ; one licensed practical nurse actively engaged in 21 practice; and two members one member who is not a registered 22 nurses nurse or licensed practical nurses nurse and who 23 shall represent the general public. The representatives 24 representative of the general public shall not be members a 25 member of a health care delivery systems system . 26 d. For pharmacy, five four members licensed to practice 27 pharmacy, one member registered as a certified pharmacy 28 technician as defined by the board by rule, and two members 29 one member who are is not licensed to practice pharmacy or 30 registered as a certified pharmacy technician and who shall 31 represent the general public. 32 e. For optometry, five four members licensed to practice 33 optometry and two members one member who are is not licensed to 34 practice optometry and who shall represent the general public. 35 -89- HF 2574.4054 (3) 90 ss/ns 89/ 237
n. For mortuary science, four three members licensed to 1 practice mortuary science, one member owning, operating, 2 or employed by a crematory, and two members one member not 3 licensed to practice mortuary science and not a crematory 4 owner, operator, or employee who shall represent the general 5 public. 6 s. For sign language interpreting and transliterating, 7 four three members licensed to practice interpreting and 8 transliterating, three two of whom shall be practicing 9 interpreters and transliterators at the time of appointment 10 to the board and at least one of whom is employed in an 11 educational setting; and three two members who are consumers of 12 interpreting or transliterating services as defined in section 13 154E.1 , each of whom shall be deaf or hard of hearing. 14 Sec. 231. Section 147.14, subsection 1, paragraph t, Code 15 2024, is amended by striking the paragraph. 16 Sec. 232. Section 148.2A, subsection 2, unnumbered 17 paragraph 1, Code 2024, is amended to read as follows: 18 Notwithstanding sections 17A.11 , 69.16 , 69.16A , 147.12 , 19 147.14 , and 147.19 , the board may have a pool of up to ten three 20 alternate members, including members licensed to practice under 21 this chapter and members not licensed to practice under this 22 chapter , to substitute for board members who are disqualified 23 or become unavailable for any other reason for contested case 24 hearings. 25 Sec. 233. Section 148.2A, subsection 2, paragraph a, Code 26 2024, is amended to read as follows: 27 a. The board may recommend, subject to approval by 28 the governor, up to ten three people to serve in a pool of 29 alternate members. 30 Sec. 234. Section 154A.1, subsection 1, Code 2024, is 31 amended by striking the subsection. 32 Sec. 235. Section 154A.1, subsection 6, Code 2024, is 33 amended to read as follows: 34 6. “Hearing aid specialist” means any person engaged in the 35 -90- HF 2574.4054 (3) 90 ss/ns 90/ 237
fitting, dispensing, and sale of hearing aids and providing 1 hearing aid services or maintenance, by means of procedures 2 stipulated by this chapter or the board department . 3 Sec. 236. Section 154A.10, subsection 3, Code 2024, is 4 amended to read as follows: 5 3. Pays the necessary fees set by the board department . 6 Sec. 237. Section 154A.12, subsection 2, Code 2024, is 7 amended to read as follows: 8 2. The board department shall not require the applicant to 9 possess the degree of professional competence normally expected 10 of physicians. 11 Sec. 238. Section 154A.13, Code 2024, is amended to read as 12 follows: 13 154A.13 Temporary permit. 14 A person who has not been licensed as a hearing aid 15 specialist may obtain a temporary permit from the department 16 upon completion of the application accompanied by the written 17 verification of employment from a licensed hearing aid 18 specialist. The department shall issue a temporary permit for 19 one year two years which shall not be renewed or reissued. 20 The fee for issuance of the temporary permit shall be set 21 by the board department in accordance with the provisions 22 for establishment of fees by boards in section 147.80 . The 23 temporary permit entitles an applicant to engage in the fitting 24 or selection and sale of hearing aids under the supervision of 25 a person holding a valid license. 26 Sec. 239. Section 154A.19, subsection 1, Code 2024, is 27 amended to read as follows: 28 1. This chapter shall not prohibit a corporation, 29 partnership, trust, association, or other organization 30 maintaining an established business address from engaging in 31 the business of selling or offering for sale hearing aids at 32 retail without a license if it employs only licensed hearing 33 aid specialists in the direct fitting or selection and sale 34 of hearing aids. Such an organization shall file annually 35 -91- HF 2574.4054 (3) 90 ss/ns 91/ 237
with the board department a list of all licensed hearing aid 1 specialists and persons holding temporary permits directly 2 or indirectly employed by it. Such an organization shall 3 also file with the board department a statement on a form 4 approved by the board department that the organization submits 5 itself to the rules and regulations of the board department 6 and the provisions of this chapter which the department deems 7 applicable. 8 Sec. 240. Section 154A.19, Code 2024, is amended by adding 9 the following new subsection: 10 NEW SUBSECTION . 4. This chapter shall not apply to a person 11 who engages in practices covered by this chapter if the person 12 is licensed as an audiologist pursuant to chapter 154F. 13 Sec. 241. Section 154A.23, Code 2024, is amended to read as 14 follows: 15 154A.23 Disciplinary orders —— attorney general. 16 The board department shall forward a copy of all final 17 disciplinary orders, with associated complaints, to the 18 attorney general for consideration for prosecution or 19 enforcement when warranted. The attorney general and all 20 county attorneys shall assist the board and the department in 21 the enforcement of the provisions of this chapter . 22 Sec. 242. Section 154A.24, unnumbered paragraph 1, Code 23 2024, is amended to read as follows: 24 The board department may revoke or suspend a license or 25 temporary permit permanently or for a fixed period for any of 26 the following causes: 27 Sec. 243. Section 154A.24, subsection 2, paragraphs e and s, 28 Code 2024, are amended to read as follows: 29 e. Representing that the service or advice of a person 30 licensed to practice medicine, or one who is certificated as 31 a clinical audiologist by the board of speech pathology and 32 audiology or its equivalent, will be used or made available in 33 the fitting or selection, adjustment, maintenance, or repair 34 of hearing aids when that is not true, or using the words 35 -92- HF 2574.4054 (3) 90 ss/ns 92/ 237
“doctor”, “clinic”, “clinical audiologist”, “state approved”, 1 or similar words, abbreviations, or symbols which tend to 2 connote the medical or other professions, except where the 3 title “certified hearing aid audiologist” has been granted 4 by the national hearing aid society, or that the hearing aid 5 specialist has been recommended by this state or the board 6 department when such is not accurate. 7 s. Such other acts or omissions as the board department may 8 determine to be unethical conduct. 9 Sec. 244. Section 169.5, subsection 1, paragraph a, Code 10 2024, is amended to read as follows: 11 a. The governor shall appoint, subject to confirmation 12 by the senate pursuant to section 2.32 , a board of five 13 individuals, three of whom shall be licensed veterinarians 14 and two of whom shall not be licensed veterinarians and shall 15 represent the general public , one of whom shall be a farmer 16 involved in the production of agricultural animals . The board 17 shall be known as the Iowa board of veterinary medicine. 18 Sec. 245. Section 170.1, subsection 2, Code 2024, is amended 19 by striking the subsection. 20 Sec. 246. Section 170.3B, Code 2024, is amended to read as 21 follows: 22 170.3B Farm deer administration fee. 23 The department may establish a farm deer administration fee 24 which shall be annually imposed on each landowner who keeps 25 farm deer in this state. The amount of the fee shall not exceed 26 two hundred dollars per year. The fee shall be collected 27 by the department in a manner specified by rules adopted by 28 the department after consulting with the farm deer council 29 established in section 170.2 . The collected fees shall be 30 credited to the farm deer administration fund created pursuant 31 to section 170.3C . 32 Sec. 247. Section 190C.1, subsection 2, Code 2024, is 33 amended by striking the subsection. 34 Sec. 248. Section 190C.2B, subsection 1, Code 2024, is 35 -93- HF 2574.4054 (3) 90 ss/ns 93/ 237
amended to read as follows: 1 1. The department shall implement and administer the 2 provisions of this chapter for agricultural products that have 3 been produced and handled within this state using organic 4 methods as provided in this chapter . The department may 5 consult with the council in implementing and administering this 6 chapter . The department may certify agricultural products that 7 have been produced and handled outside this state using an 8 organic method as provided in this chapter . 9 Sec. 249. Section 190C.3, subsection 2, Code 2024, is 10 amended to read as follows: 11 2. The department may request assistance from the council 12 as provided in section 190C.2A or from one or more regional 13 organic associations as provided in section 190C.6 . 14 Sec. 250. Section 203.11A, subsection 2, Code 2024, is 15 amended to read as follows: 16 2. The amount of a civil penalty shall not exceed one 17 thousand five hundred dollars. Each day that a violation 18 continues shall constitute a separate violation. The amount 19 of the civil penalty that may be assessed in a case shall 20 not exceed the amount recommended by the grain industry peer 21 review panel established pursuant to section 203.11B . Moneys 22 collected in civil penalties by the department or the attorney 23 general shall be deposited in the general fund of the state. 24 Sec. 251. Section 203.16, subsection 8, Code 2024, is 25 amended by striking the subsection. 26 Sec. 252. Section 203C.24, subsection 8, Code 2024, is 27 amended by striking the subsection. 28 Sec. 253. Section 203C.36A, subsection 2, Code 2024, is 29 amended to read as follows: 30 2. The amount of a civil penalty shall not exceed one 31 thousand five hundred dollars. Each day that a violation 32 continues shall constitute a separate violation. The amount 33 of the civil penalty that may be assessed in an administrative 34 case shall not exceed the amount recommended by the grain 35 -94- HF 2574.4054 (3) 90 ss/ns 94/ 237
industry peer review panel established pursuant to section 1 203.11B . Moneys collected in civil penalties by the department 2 or the attorney general shall be deposited in the general fund 3 of the state. 4 Sec. 254. Section 206.19, subsection 5, Code 2024, is 5 amended by adding the following new paragraph: 6 NEW PARAGRAPH . c. (1) A person subject to a civil penalty 7 pursuant to this subsection may submit an appeal to the 8 department. The appeal shall be referred to an administrative 9 law judge for hearing as a contested case pursuant to chapter 10 17A. 11 (2) This paragraph does not apply to a license revocation 12 proceeding. This paragraph does not require the department 13 to delay the prosecution of a case if immediate action is 14 necessary to reduce the risk of harm to the environment or 15 public health or safety. This section also does not require a 16 review or response if the department refers a violation of this 17 chapter for criminal prosecution, or for an action involving a 18 stop order issued pursuant to section 206.16. 19 (3) An available response by the department may be used as 20 evidence in an administrative hearing, or a civil or criminal 21 case, except to the extent that information is considered 22 confidential pursuant to section 22.7. 23 Sec. 255. Section 216.2, Code 2024, is amended by adding the 24 following new subsections: 25 NEW SUBSECTION . 01. “Agency” means the administrative 26 function of the Iowa office of civil rights, including the 27 director and staff. “Agency” does not include a member of the 28 Iowa state civil rights commission. 29 NEW SUBSECTION . 4A. “Director” means the director of the 30 Iowa office of civil rights. 31 NEW SUBSECTION . 11A. “Office” means the Iowa office of 32 civil rights. 33 Sec. 256. Section 216.2, subsection 1, Code 2024, is amended 34 to read as follows: 35 -95- HF 2574.4054 (3) 90 ss/ns 95/ 237
1. “Commission” means the Iowa state civil rights commission 1 created by this chapter within the Iowa office of civil rights . 2 Sec. 257. Section 216.3, subsections 1 and 3, Code 2024, are 3 amended to read as follows: 4 1. The Iowa state civil rights commission is created 5 within the department of inspections, appeals, and licensing 6 consisting of seven five members appointed by the governor 7 subject to confirmation by the senate. Appointments shall be 8 made to provide geographical area representation insofar as 9 practicable. No more than four three members of the commission 10 shall belong to the same political party. Members appointed 11 to the commission shall serve for four-year staggered terms 12 beginning and ending as provided by section 69.19 . 13 3. The governor subject to confirmation by the senate shall 14 appoint a director who shall serve as the executive officer 15 of the commission head of the agency. The governor shall set 16 the salary of the director within the applicable salary range 17 established by the general assembly. The director shall adopt 18 rules pursuant to chapter 17A consistent with and necessary for 19 the enforcement of this chapter. The director shall advise and 20 support the commission in fulfilling the commission’s duties 21 and responsibilities under section 216.5A . 22 Sec. 258. Section 216.4, Code 2024, is amended to read as 23 follows: 24 216.4 Compensation and expenses —— rules procedures . 25 Commissioners shall be paid a per diem as specified in 26 section 7E.6 and shall be reimbursed for actual and necessary 27 expenses incurred while on official commission business. All 28 per diem and expense moneys paid to commissioners shall be 29 paid from funds appropriated to the commission office . The 30 commission shall adopt, amend , or rescind rules procedures as 31 necessary for the conduct of its meetings. A quorum shall 32 consist of four three commissioners. 33 Sec. 259. Section 216.5, Code 2024, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -96- HF 2574.4054 (3) 90 ss/ns 96/ 237
216.5 Powers and duties of agency. 1 The agency shall have the following powers and duties: 2 1. To receive, investigate, mediate, conciliate, 3 and determine the merits of complaints alleging illegal 4 discriminatory practices. The agency shall not disclose the 5 filing of a complaint, the information gathered during the 6 investigation, or the endeavors to eliminate such illegal 7 discriminatory practice by mediation or conciliation, unless 8 such disclosure is made in connection with the agency’s 9 investigation. 10 2. To investigate compliance with conciliation agreements 11 and pursue appropriate remedies up to and including filing in 12 district court. 13 3. To investigate, study, and report on the existence, 14 causes, and extent of illegal discrimination, as deemed 15 necessary by the director. 16 4. To provide education and outreach regarding illegal 17 discrimination, including individuals and organizations. 18 5. To seek a temporary injunction against a respondent when 19 it appears that a complainant may suffer irreparable injury 20 as a result of an alleged violation of this chapter. Unless 21 otherwise specified in this chapter, a temporary injunction 22 may be issued only after the respondent has been notified and 23 afforded an opportunity to be heard. 24 6. To hold contested case hearings upon any complaint made 25 against a respondent, and all of the following: 26 a. To subpoena witnesses and compel their attendance. 27 b. To administer oaths and take the testimony of any person 28 under oath. 29 c. To compel a respondent to produce for examination any 30 books and papers relating to the complaint. 31 7. To issue subpoenas at the request of a party in contested 32 hearings. 33 8. To petition the district court for issuance of a subpoena 34 and the court, in a proper case, shall issue the subpoena for 35 -97- HF 2574.4054 (3) 90 ss/ns 97/ 237
contested case hearings. Refusal to obey a district court 1 subpoena shall be subject to punishment for contempt. 2 9. To pursue the entry of a consent decree in district court 3 for conciliation agreements. 4 10. To petition and appear before the district court for 5 the enforcement of office orders following a contested case 6 hearing. 7 11. To provide education opportunities and informal 8 technical advice to local commissions regarding legal 9 developments, case process improvements, and cooperation for 10 cross-filing. 11 12. To prepare and transmit to the governor and the general 12 assembly an annual report describing performance outcomes of 13 the agency. 14 13. To make recommendations to the governor and general 15 assembly for such further legislation concerning illegal 16 discrimination as deemed necessary by the director. 17 14. To adopt, publish, amend, and rescind office rules 18 pursuant to chapter 17A consistent with and necessary for the 19 enforcement of this chapter. 20 15. To receive, administer, dispense, and account for any 21 moneys that may be granted or voluntarily contributed to the 22 office for furthering the purposes of this chapter. 23 16. To utilize volunteers to aid in the conduct of the 24 agency’s duties as deemed necessary by the director. 25 17. To issue a copy of the case file to any party following 26 the issuance of a right to sue letter, the filing of a 27 contested case, or the filing of an action for judicial review. 28 18. To issue protective orders in case files when necessary. 29 Sec. 260. NEW SECTION . 216.5A Powers and duties of 30 commission. 31 The commission shall have the following powers and duties: 32 1. To adopt, amend, or rescind procedures as necessary for 33 the conduct of commission meetings. 34 2. To sit as the final reviewing body for decisions issued 35 -98- HF 2574.4054 (3) 90 ss/ns 98/ 237
by an administrative law judge following an appeal from a 1 contested case hearing. 2 3. To make policy recommendations to the director for 3 consideration to be incorporated with any recommendations from 4 the agency to the governor and general assembly. 5 Sec. 261. Section 216.8C, subsections 3 and 4, Code 2024, 6 are amended to read as follows: 7 3. The commission agency , in consultation with the consumer 8 protection division of the office of the attorney general, 9 shall adopt rules regarding the making of a written finding 10 by licensees under this section . The rules shall include a 11 form for licensees to document the licensees’ written finding. 12 The form shall recite this section’s requirements and comply 13 with the federal Fair Housing Act, 42 U.S.C. §3601 et seq., as 14 amended, and section 504 of the federal Rehabilitation Act of 15 1973, 29 U.S.C. §794, as amended. The form must contain only 16 two questions regarding the qualifications of the patient or 17 client, which shall be whether a person has a disability and 18 whether the need for an assistance animal or service animal is 19 related to the disability. The form must indicate that the 20 responses must be limited to “yes” or “no”. The form must not 21 allow for additional detail. 22 4. A person who, in the course of employment, is asked 23 to make a finding of disability and disability-related need 24 for an assistance animal or service animal shall utilize the 25 form created by the commission agency to document the person’s 26 written finding. 27 Sec. 262. Section 216.12, subsection 1, paragraph d, 28 unnumbered paragraph 1, Code 2024, is amended to read as 29 follows: 30 Discrimination on the basis of familial status involving 31 dwellings provided under any state or federal program 32 specifically designed and operated to assist elderly persons, 33 as defined in the state or federal program that the commission 34 agency determines to be consistent with determinations made by 35 -99- HF 2574.4054 (3) 90 ss/ns 99/ 237
the United States secretary of housing and urban development, 1 and housing for older persons. As used in this paragraph, 2 “housing for older persons” means housing communities consisting 3 of dwellings intended for either of the following: 4 Sec. 263. Section 216.15, Code 2024, is amended to read as 5 follows: 6 216.15 Complaint —— hearing. 7 1. Any person claiming to be aggrieved by a discriminatory 8 or unfair practice may, in person or by an attorney, make, 9 sign, and file with the commission agency a verified, written 10 complaint which shall state the name and address of the person, 11 employer, employment agency, or labor organization alleged 12 to have committed the discriminatory or unfair practice of 13 which complained, shall set forth the particulars thereof, 14 and shall contain such other information as may be required 15 by the commission agency . The commission Agency staff , a 16 commissioner, or the attorney general may in like manner make, 17 sign, and file such complaint. 18 2. Any place of public accommodation, employer, labor 19 organization, or other person who has any employees or members 20 who refuse or threaten to refuse to comply with the provisions 21 of this chapter may file with the commission agency a verified 22 written complaint in triplicate asking the commission agency 23 for assistance to obtain their compliance by conciliation or 24 other remedial action. 25 3. a. After the filing of a verified complaint, a true 26 copy shall be served within twenty days on the person against 27 whom the complaint is filed, except as provided in subsection 28 4 . An authorized member of the commission Agency staff shall 29 make a prompt investigation and shall issue a recommendation 30 to an administrative law judge employed by the division of 31 administrative hearings created by section 10A.801 , who shall 32 then issue a determination of probable cause or no probable 33 cause. 34 b. For purposes of this chapter , an administrative law judge 35 -100- HF 2574.4054 (3) 90 ss/ns 100/ 237
issuing a determination of probable cause or no probable cause 1 under this section is exempt from section 17A.17 . 2 c. If the administrative law judge concurs with the 3 investigating official that probable cause exists regarding 4 the allegations of the complaint, the staff of the commission 5 agency shall promptly endeavor to eliminate the discriminatory 6 or unfair practice by conference, conciliation, and persuasion. 7 If the administrative law judge finds that no probable cause 8 exists, the administrative law judge shall issue a final order 9 dismissing the complaint and shall promptly mail a copy to the 10 complainant and to the respondent. A finding of probable cause 11 shall not be introduced into evidence in an action brought 12 under section 216.16 . 13 d. The commission agency staff must endeavor to eliminate 14 the discriminatory or unfair practice by conference, 15 conciliation, and persuasion for a period of thirty days 16 following the initial conciliation meeting between the 17 respondent and the commission agency staff after a finding 18 of probable cause. After the expiration of thirty days, the 19 director may order the conciliation conference and persuasion 20 procedure provided in this section to be bypassed when the 21 director determines the procedure is unworkable by reason of 22 past patterns and practices of the respondent, or a statement 23 by the respondent that the respondent is unwilling to continue 24 with the conciliation. The director must have the approval of 25 a commissioner before bypassing the conciliation, conference 26 and persuasion procedure. Upon the bypassing of conciliation, 27 the director shall state in writing the reasons for bypassing. 28 4. a. The commission agency may permit service of a 29 complaint on a respondent by regular or electronic mail. If 30 the respondent does not respond to the service by regular or 31 electronic mail after ninety days, the commission agency shall 32 serve the complaint on the respondent by certified mail within 33 twenty days after the expiration of the ninety-day response 34 period to service by regular or electronic mail. 35 -101- HF 2574.4054 (3) 90 ss/ns 101/ 237
b. The commission agency may also permit a party to file 1 a response to a complaint, a document, information, or other 2 material, by electronic mail. 3 c. The commission agency may issue a notice, determination, 4 order, subpoena, request, correspondence, or any other document 5 issued by the commission agency , by electronic mail. 6 5. The members of the commission and its agency staff 7 shall not disclose the filing of a complaint, the information 8 gathered during the investigation, or the endeavors to 9 eliminate such discriminatory or unfair practice by mediation, 10 conference, conciliation, and persuasion, unless such 11 disclosure is made in connection with the conduct of such 12 investigation. 13 6. When the director is satisfied that further endeavor to 14 settle a complaint by conference, conciliation, and persuasion 15 is unworkable and should be bypassed, and the thirty-day period 16 provided for in subsection 3 has expired without agreement, the 17 director with the approval of a commissioner, shall issue and 18 cause to be served a written notice specifying the charges in 19 the complaint as they may have been amended and the reasons for 20 bypassing conciliation, if the conciliation is bypassed, and 21 requiring the respondent to answer the charges of the complaint 22 at a hearing before the commission agency , a commissioner, or 23 a person designated by the commission agency to conduct the 24 hearing, hereafter referred to as the administrative law judge, 25 and at a time and place to be specified in the notice. 26 7. The case in support of such complaint shall be presented 27 at the hearing by one of the commission’s agency’s attorneys 28 or agents. The investigating official shall not participate 29 in the hearing except as a witness nor participate in the 30 deliberations of the commission agency in such case. 31 8. The hearing shall be conducted in accordance with the 32 provisions of chapter 17A for contested cases. The burden of 33 proof in such a hearing shall be on the commission agency . 34 9. If upon taking into consideration all of the evidence 35 -102- HF 2574.4054 (3) 90 ss/ns 102/ 237
at a hearing, the commission agency determines that the 1 respondent has engaged in a discriminatory or unfair practice, 2 the commission agency shall state its findings of fact and 3 conclusions of law and shall issue an order requiring the 4 respondent to cease and desist from the discriminatory or 5 unfair practice and to take the necessary remedial action 6 as in the judgment of the commission agency will carry out 7 the purposes of this chapter . A copy of the order shall be 8 delivered to the respondent, the complainant, and to any other 9 public officers and persons as the commission agency deems 10 proper. 11 a. For the purposes of this subsection and pursuant to the 12 provisions of this chapter “remedial action” includes but is 13 not limited to the following: 14 (1) Hiring, reinstatement or upgrading of employees 15 with or without pay. Interim earned income and unemployment 16 compensation shall operate to reduce the pay otherwise 17 allowable. 18 (2) Admission or restoration of individuals to a labor 19 organization, admission to or participation in a guidance 20 program, apprenticeship training program, on-the-job training 21 program or other occupational training or retraining program, 22 with the utilization of objective criteria in the admission of 23 individuals to such programs. 24 (3) Admission of individuals to a public accommodation or an 25 educational institution. 26 (4) Sale, exchange, lease, rental, assignment or sublease 27 of real property to an individual. 28 (5) Extension to all individuals of the full and equal 29 enjoyment of the advantages, facilities, privileges, and 30 services of the respondent denied to the complainant because of 31 the discriminatory or unfair practice. 32 (6) Reporting as to the manner of compliance. 33 (7) Posting notices in conspicuous places in the 34 respondent’s place of business in form prescribed by the 35 -103- HF 2574.4054 (3) 90 ss/ns 103/ 237
commission agency and inclusion of notices in advertising 1 material. 2 (8) Payment to the complainant of damages for an injury 3 caused by the discriminatory or unfair practice which damages 4 shall include but are not limited to actual damages, court 5 costs and reasonable attorney fees. 6 (9) For an unfair or discriminatory practice relating 7 to wage discrimination pursuant to section 216.6A , payment 8 to the complainant of damages for an injury caused by the 9 discriminatory or unfair practice which damages shall include 10 but are not limited to court costs, reasonable attorney fees, 11 and either of the following: 12 (a) An amount equal to two times the wage differential 13 paid to another employee compared to the complainant for the 14 period of time for which the complainant has been discriminated 15 against. 16 (b) In instances of willful violation, an amount equal to 17 three times the wage differential paid to another employee as 18 compared to the complainant for the period of time for which 19 the complainant has been discriminated against. 20 b. In addition to the remedies provided in the preceding 21 provisions of this subsection , the commission agency may issue 22 an order requiring the respondent to cease and desist from the 23 discriminatory or unfair practice and to take such affirmative 24 action as in the judgment of the commission agency will carry 25 out the purposes of this chapter as follows: 26 (1) In the case of a respondent operating by virtue of 27 a license issued by the state or a political subdivision 28 or agency, if the commission agency , upon notice to the 29 respondent with an opportunity to be heard, determines that the 30 respondent has engaged in a discriminatory or unfair practice 31 and that the practice was authorized, requested, commanded, 32 performed or knowingly or recklessly tolerated by the board 33 of directors of the respondent or by an officer or executive 34 agent acting within the scope of the officer’s or agent’s 35 -104- HF 2574.4054 (3) 90 ss/ns 104/ 237
employment, the commission agency shall so certify to the 1 licensing agency. Unless the commission agency finding of a 2 discriminatory or unfair practice is reversed in the course of 3 judicial review, the finding of discrimination is binding on 4 the licensing agency. If a certification is made pursuant to 5 this subsection , the licensing agency may initiate licensee 6 disciplinary procedures. 7 (2) In the case of a respondent who is found by the 8 commission agency to have engaged in a discriminatory or 9 unfair practice in the course of performing under a contract 10 or subcontract with the state or political subdivision or 11 agency, if the practice was authorized, requested, commanded, 12 performed, or knowingly or recklessly tolerated by the board 13 of directors of the respondent or by an officer or executive 14 agent acting within the scope of the officer’s or agent’s 15 employment, the commission agency shall so certify to the 16 contracting agency. Unless the commission’s agency’s finding 17 of a discriminatory or unfair practice is reversed in the 18 course of judicial review, the finding of discrimination is 19 binding on the contracting agency. 20 (3) Upon receiving a certification made under this 21 subsection , a contracting agency may take appropriate action 22 to terminate a contract or portion thereof previously entered 23 into with the respondent, either absolutely or on condition 24 that the respondent carry out a program of compliance with 25 the provisions of this chapter ; and assist the state and all 26 political subdivisions and agencies thereof to refrain from 27 entering into further contracts. 28 c. The election of an affirmative order under paragraph “b” 29 of this subsection shall not bar the election of affirmative 30 remedies provided in paragraph “a” of this subsection . 31 10. a. The terms of a conciliation or mediation agreement 32 reached with the respondent may require the respondent to 33 refrain in the future from committing discriminatory or 34 unfair practices of the type stated in the agreement, to take 35 -105- HF 2574.4054 (3) 90 ss/ns 105/ 237
remedial action as in the judgment of the commission agency 1 will carry out the purposes of this chapter , and to consent 2 to the entry in an appropriate district court of a consent 3 decree embodying the terms of the conciliation or mediation 4 agreement. Violation of such a consent decree may be punished 5 as contempt by the court in which it is filed, upon a showing 6 by the commission agency of the violation at any time within 7 six months of its occurrence. At any time in its discretion, 8 the commission agency may investigate whether the terms of the 9 agreement are being complied with by the respondent. 10 b. Upon a finding that the terms of the conciliation 11 or mediation agreement are not being complied with by the 12 respondent, the commission agency shall take appropriate action 13 to assure compliance. 14 11. If, upon taking into consideration all of the evidence 15 at a hearing, the commission agency finds that a respondent 16 has not engaged in any such discriminatory or unfair practice, 17 the commission agency shall issue an order denying relief and 18 stating the findings of fact and conclusions of the commission 19 agency , and shall cause a copy of the order dismissing the 20 complaint to be served on the complainant and the respondent. 21 12. The commission agency shall establish rules to govern, 22 expedite, and effectuate the procedures established by this 23 chapter and its own actions thereunder. 24 13. Except as provided in section 614.8 , a claim under this 25 chapter shall not be maintained unless a complaint is filed 26 with the commission agency within three hundred days after the 27 alleged discriminatory or unfair practice occurred. 28 14. The commission agency or a party to a complaint may 29 request mediation of the complaint at any time during the 30 commission’s agency’s processing of the complaint. If the 31 complainant and respondent participate in mediation, any 32 mediation agreement may be enforced pursuant to this section . 33 Mediation may be discontinued at the request of any party or 34 the commission agency . 35 -106- HF 2574.4054 (3) 90 ss/ns 106/ 237
Sec. 264. Section 216.15A, Code 2024, is amended to read as 1 follows: 2 216.15A Additional proceedings —— housing discrimination. 3 1. a. The commission agency may join a person not named 4 in the complaint as an additional or substitute respondent 5 if in the course of the investigation, the commission agency 6 determines that the person should be alleged to have committed 7 a discriminatory housing or real estate practice. 8 b. In addition to the information required in the notice, 9 the commission agency shall include in a notice to a respondent 10 joined under this subsection an explanation of the basis for 11 the determination under this subsection that the person is 12 properly joined as a respondent. 13 2. a. The commission agency shall, during the period 14 beginning with the filing of a complaint and ending with the 15 filing of a charge or a dismissal by the commission agency , to 16 the extent feasible, engage in mediation with respect to the 17 complaint. 18 b. A mediation agreement is an agreement between a 19 respondent and the complainant and is subject to commission 20 agency approval. 21 c. A mediation agreement may provide for binding arbitration 22 or other method of dispute resolution. Dispute resolution that 23 results from a mediation agreement may authorize appropriate 24 relief, including monetary relief. 25 d. A mediation agreement shall be made public unless 26 the complainant and respondent agree otherwise, and the 27 commission agency determines that disclosure is not necessary 28 to further the purposes of this chapter relating to unfair or 29 discriminatory practices in housing or real estate. 30 e. The proceedings or results of mediation shall not be made 31 public or used as evidence in a subsequent proceeding under 32 this chapter without the written consent of the persons who are 33 party to the mediation. 34 f. After the completion of the commission’s agency’s 35 -107- HF 2574.4054 (3) 90 ss/ns 107/ 237
investigation, the commission agency shall make available to 1 the aggrieved person and the respondent information derived 2 from the investigation and the final investigation report 3 relating to that investigation. 4 g. When the commission agency has reasonable cause to 5 believe that a respondent has breached a mediation agreement, 6 the commission agency shall refer this matter to an assistant 7 attorney general with a recommendation that a civil action be 8 filed for the enforcement of the agreement. The assistant 9 attorney general may commence a civil action in the appropriate 10 district court not later than the expiration of ninety days 11 after referral of the breach. 12 3. a. If the commission agency concludes, following the 13 filing of a complaint, that prompt judicial action is necessary 14 to carry out the purposes of this chapter relating to unfair 15 or discriminatory housing or real estate practices, the 16 commission agency may authorize a civil action for appropriate 17 temporary or preliminary relief pending final disposition of 18 the complaint. 19 b. On receipt of the commission’s agency’s authorization, 20 the attorney general shall promptly file the action. 21 c. A temporary restraining order or other order granting 22 preliminary or temporary relief under this section is governed 23 by the applicable Iowa rules of civil procedure. 24 d. The filing of a civil action under this section does 25 not affect the initiation or continuation of administrative 26 proceedings in regard to an administrative hearing. 27 4. a. The commission agency shall prepare a final 28 investigative report. 29 b. A final report under this section may be amended by the 30 commission agency if additional evidence is discovered. 31 5. a. The commission agency shall determine based on 32 the facts whether probable cause exists to believe that a 33 discriminatory housing or real estate practice has occurred or 34 is about to occur. 35 -108- HF 2574.4054 (3) 90 ss/ns 108/ 237
b. The commission agency shall make its determination under 1 paragraph “a” not later than one hundred days after a complaint 2 is filed unless any of the following applies: 3 (1) It is impracticable to make the determination within 4 that time period. 5 (2) The commission agency has approved a mediation 6 agreement relating to the complaint. 7 c. If it is impracticable to make the determination within 8 the time period provided by paragraph “b” , the commission agency 9 shall notify the complainant and respondent in writing of the 10 reasons for the delay. 11 d. If the commission agency determines that probable cause 12 exists to believe that a discriminatory housing or real estate 13 practice has occurred or is about to occur, the commission 14 agency shall immediately issue a determination unless the 15 commission agency determines that the legality of a zoning or 16 land use law or ordinance is involved as provided in subsection 17 7 . 18 6. a. A determination issued under subsection 5 must 19 include all of the following: 20 (1) Must consist of a short and plain statement of the facts 21 on which the commission agency has found probable cause to 22 believe that a discriminatory housing or real estate practice 23 has occurred or is about to occur. 24 (2) Must be based on the final investigative report. 25 (3) Need not be limited to the facts or grounds alleged in 26 the complaint. 27 b. Not later than twenty days after the commission agency 28 issues a determination, the commission agency shall send a copy 29 of the determination with information concerning the election 30 under section 216.16A to all of the following persons: 31 (1) Each respondent, together with a notice of the 32 opportunity for a hearing as provided under subsection 10 . 33 (2) Each aggrieved person on whose behalf the complaint was 34 filed. 35 -109- HF 2574.4054 (3) 90 ss/ns 109/ 237
7. If the commission agency determines that the matter 1 involves the legality of a state or local zoning or other 2 land use ordinance, the commission agency shall not issue a 3 determination and shall immediately refer the matter to the 4 attorney general for appropriate action. 5 8. a. If the commission agency determines that no probable 6 cause exists to believe that a discriminatory housing or 7 real estate practice has occurred or is about to occur, the 8 commission agency shall promptly dismiss the complaint. 9 b. The commission agency shall make public disclosure of 10 each dismissal under this section . 11 9. The commission agency shall not issue a determination 12 under this section regarding an alleged discriminatory housing 13 or real estate practice after the beginning of the trial of a 14 civil action commenced by the aggrieved party under federal or 15 state law seeking relief with respect to that discriminatory 16 housing or real estate practice. 17 10. a. If a timely election is not made under section 18 216.16A , the commission agency shall provide for a hearing on 19 the charges in the complaint. 20 b. Except as provided by paragraph “c” , the hearing shall be 21 conducted in accordance with chapter 17A for contested cases. 22 c. A hearing under this section shall not be continued 23 regarding an alleged discriminatory housing or real estate 24 practice after the beginning of the trial of a civil action 25 commenced by the aggrieved person under federal or state law 26 seeking relief with respect to that discriminatory housing or 27 real estate practice. 28 11. a. If the commission agency determines at a hearing 29 under subsection 10 that a respondent has engaged or is about 30 to engage in a discriminatory housing or real estate practice, 31 the commission agency may order the appropriate relief, 32 including actual damages, reasonable attorney fees, court 33 costs, and other injunctive or equitable relief. 34 b. To vindicate the public interest, the commission agency 35 -110- HF 2574.4054 (3) 90 ss/ns 110/ 237
may assess a civil penalty against the respondent in an amount 1 that does not exceed the following applicable amount: 2 (1) Ten thousand dollars if the respondent has not been 3 adjudged by the order of the commission or agency or a court to 4 have committed a prior discriminatory housing or real estate 5 practice. 6 (2) Except as provided by paragraph “c” , twenty-five 7 thousand dollars if the respondent has been adjudged by order 8 of the commission or agency or a court to have committed one 9 other discriminatory housing or real estate practice during 10 the five-year period ending on the date of the filing of the 11 complaint. 12 (3) Except as provided by paragraph “c” , fifty thousand 13 dollars if the respondent has been adjudged by order of the 14 commission or agency or a court to have committed two or more 15 discriminatory housing or real estate practices during the 16 seven-year period ending on the date of the filing of the 17 complaint. 18 c. If the acts constituting the discriminatory housing or 19 real estate practice that is the object of the complaint are 20 committed by the same natural person who has been previously 21 adjudged to have committed acts constituting a discriminatory 22 housing or real estate practice, the civil penalties in 23 paragraph “b” , subparagraphs (2) and (3) may be imposed 24 without regard to the period of time within which any other 25 discriminatory housing or real estate practice occurred. 26 d. At the request of the commission agency , the attorney 27 general shall initiate legal proceedings to recover a civil 28 penalty due under this section . Funds collected under this 29 section shall be paid to the treasurer of state for deposit in 30 the state treasury to the credit of the general fund. 31 12. This section applies only to the following: 32 a. Complaints which allege a violation of the prohibitions 33 contained in section 216.8 or 216.8A . 34 b. Complaints which allege a violation of section 216.11 or 35 -111- HF 2574.4054 (3) 90 ss/ns 111/ 237
216.11A arising out of alleged violations of the prohibitions 1 contained in section 216.8 or 216.8A . 2 13. If a provision of this section applies under the terms 3 of subsection 12 , and the provision of this section conflicts 4 with a provision of section 216.15 , then the provision 5 contained within this section shall prevail. Similarly, if 6 a provision of section 216.16A or 216.17A conflicts with a 7 provision of section 216.16 or 216.17 , then the provision 8 contained in section 216.16A or 216.17A shall prevail. 9 Sec. 265. Section 216.15B, subsection 1, Code 2024, is 10 amended to read as follows: 11 1. A mediator may be designated in writing by the commission 12 agency to conduct formal mediation of a complaint filed under 13 this chapter . The written designation must specifically refer 14 to this section . 15 Sec. 266. Section 216.16, subsections 1, 2, 3, 4, and 6, 16 Code 2024, are amended to read as follows: 17 1. A person claiming to be aggrieved by an unfair or 18 discriminatory practice must initially seek an administrative 19 relief by filing a complaint with the commission agency in 20 accordance with section 216.15 . This provision also applies to 21 persons claiming to be aggrieved by an unfair or discriminatory 22 practice committed by the state or an agency or political 23 subdivision of the state, notwithstanding the terms of the Iowa 24 administrative procedure Act, chapter 17A . 25 2. After the proper filing of a complaint with the 26 commission agency , a complainant may subsequently commence an 27 action for relief in the district court if all of the following 28 conditions have been satisfied: 29 a. The complainant has timely filed the complaint with the 30 commission agency as provided in section 216.15, subsection 13 . 31 b. The complaint has been on file with the commission agency 32 for at least sixty days and the commission agency has issued a 33 release to the complainant pursuant to subsection 3 . 34 3. a. Upon a request by the complainant, and after the 35 -112- HF 2574.4054 (3) 90 ss/ns 112/ 237
expiration of sixty days from the timely filing of a complaint 1 with the commission agency , the commission agency shall issue 2 to the complainant a release stating that the complainant 3 has a right to commence an action in the district court. A 4 release under this subsection shall not be issued if any of the 5 following apply: 6 (1) A finding of no probable cause has been made on the 7 complaint by the administrative law judge charged with that 8 duty under section 216.15, subsection 3 . 9 (2) A conciliation agreement has been executed under 10 section 216.15 . 11 (3) The commission agency has served notice of hearing upon 12 the respondent pursuant to section 216.15, subsection 6 . 13 (4) The complaint is closed as an administrative closure and 14 two years have elapsed since the issuance date of the closure. 15 b. Notwithstanding section 216.15, subsection 5 , a party may 16 obtain a copy of all documents contained in a case file where 17 the commission agency has issued a release to the complainant 18 pursuant to this subsection . 19 4. An action authorized under this section is barred unless 20 commenced within ninety days after issuance by the commission 21 agency of a release under subsection 3 . If a complainant 22 obtains a release from the commission agency under subsection 23 3 , the commission agency is barred from further action on that 24 complaint. 25 6. The district court may grant any relief in an action 26 under this section which is authorized by section 216.15, 27 subsection 9 , to be issued by the commission agency . The 28 district court may also award the respondent reasonable 29 attorney fees and court costs when the court finds that the 30 complainant’s action was frivolous. 31 Sec. 267. Section 216.16A, subsection 1, paragraphs b and c, 32 Code 2024, are amended to read as follows: 33 b. The election must be made not later than twenty days 34 after the date of receipt by the electing person of service 35 -113- HF 2574.4054 (3) 90 ss/ns 113/ 237
under section 216.15A, subsection 5 , or in the case of the 1 commission agency , not later than twenty days after the date 2 the determination was issued. 3 c. The person making the election shall give notice to the 4 commission agency and to all other complainants and respondents 5 to whom the election relates. 6 Sec. 268. Section 216.16A, subsection 2, paragraphs d and e, 7 Code 2024, are amended to read as follows: 8 d. If the commission agency has obtained a mediation 9 agreement with the consent of an aggrieved person, the 10 aggrieved person shall not file an action under this subsection 11 with respect to the alleged discriminatory practice that forms 12 the basis for the complaint except to enforce the terms of the 13 agreement. 14 e. An aggrieved person shall not file an action under this 15 subsection with respect to an alleged discriminatory housing or 16 real estate practice that forms the basis of a charge issued 17 by the commission agency if the commission agency has begun a 18 hearing on the record under this chapter with respect to the 19 charge. 20 Sec. 269. Section 216.17, subsections 1, 2, 3, 4, 5, 7, and 21 10, Code 2024, are amended to read as follows: 22 1. a. Judicial review of the actions of the agency 23 or commission may be sought in accordance with the terms 24 of the Iowa administrative procedure Act, chapter 17A . 25 Notwithstanding the terms of said Act, petition for judicial 26 review may be filed in the district court in which an 27 enforcement proceeding under subsection 2 may be brought. 28 b. For purposes of the time limit for filing a petition for 29 judicial review under the Iowa administrative procedure Act, 30 chapter 17A , specified by section 17A.19 , the issuance of a 31 final decision of the agency or commission under this chapter 32 occurs on the date notice of the decision is mailed to the 33 parties. 34 c. Notwithstanding the time limit provided in section 35 -114- HF 2574.4054 (3) 90 ss/ns 114/ 237
17A.19, subsection 3 , a petition for judicial review of 1 no-probable-cause decisions and other final agency actions 2 which are not of general applicability must be filed within 3 thirty days of the issuance of the final agency action. 4 2. The commission agency may obtain an order of court for 5 the enforcement of agency or commission orders in a proceeding 6 as provided in this section . Such an enforcement proceeding 7 shall be brought in the district court of the district in the 8 county in which the alleged discriminatory or unfair practice 9 which is the subject of the agency’s or commission’s order was 10 committed, or in which any respondent required in the order to 11 cease or desist from a discriminatory or unfair practice or to 12 take other affirmative action, resides, or transacts business. 13 3. Such an enforcement proceeding shall be initiated by 14 the filing of a petition in such court and the service of a 15 copy thereof upon the respondent. Thereupon the commission 16 agency shall file with the court a transcript of the record 17 of the hearing before it. The court shall have power to 18 grant such temporary relief or restraining order as it deems 19 just and proper, and to make and enter upon the pleadings, 20 testimony, and proceedings set forth in such transcript an 21 order enforcing, modifying, and enforcing as so modified, or 22 setting aside the order of the agency or commission, in whole 23 or in part. 24 4. An objection that has not been urged before the agency 25 or commission shall not be considered by the court in an 26 enforcement proceeding, unless the failure or neglect to urge 27 such objection shall be excused because of extraordinary 28 circumstances. 29 5. Any party to the enforcement proceeding may move the 30 court to remit the case to the agency or commission in the 31 interests of justice for the purpose of adducing additional 32 specified and material evidence and seeking findings thereof, 33 providing such party shall show reasonable grounds for 34 the failure to adduce such evidence before the agency or 35 -115- HF 2574.4054 (3) 90 ss/ns 115/ 237
commission. 1 7. The agency’s or commission’s copy of the testimony shall 2 be available to all parties for examination at all reasonable 3 times, without cost, and for the purpose of judicial review of 4 the agency’s or commission’s orders. 5 10. If no proceeding to obtain judicial review is instituted 6 within thirty days from the issuance of an order of the 7 commission under section 216.15 or 216.15A , the commission 8 agency may obtain an order of the court for the enforcement 9 of the order upon showing that respondent is subject to 10 the jurisdiction of the agency or commission and resides or 11 transacts business within the county in which the petition for 12 enforcement is brought. 13 Sec. 270. Section 216.17A, subsection 1, paragraph a, Code 14 2024, is amended to read as follows: 15 a. If timely election is made under section 216.16A, 16 subsection 1 , the commission agency shall authorize, and not 17 later than thirty days after the election is made, the attorney 18 general shall file a civil action on behalf of the aggrieved 19 person in a district court seeking relief. 20 Sec. 271. Section 216.17A, subsections 2, 4, 10, and 11, 21 Code 2024, are amended to read as follows: 22 2. A commission An agency order under section 216.15A, 23 subsection 11 , and a an agency or commission order that has 24 been substantially affirmed by judicial review, do not affect 25 a contract, sale, encumbrance, or lease that was consummated 26 before the agency or commission issued the order and involved a 27 bona fide purchaser, encumbrancer, or tenant who did not have 28 actual notice of the charge issued under this chapter . 29 4. If the agency or commission issues an order against a 30 respondent against whom another order was issued within the 31 preceding five years under section 216.15A, subsection 11 , the 32 commission agency shall send a copy of each order issued under 33 that section to the attorney general. 34 10. The attorney general, on behalf of the commission 35 -116- HF 2574.4054 (3) 90 ss/ns 116/ 237
agency or other party at whose request a subpoena is issued, 1 may enforce the subpoena in appropriate proceedings in district 2 court. 3 11. A court in a civil action brought under this section 4 or the commission agency in an administrative hearing under 5 section 216.15A, subsection 11 , may award reasonable attorney’s 6 fees to the prevailing party and assess court costs against the 7 nonprevailing party. 8 Sec. 272. Section 216.17A, subsection 3, unnumbered 9 paragraph 1, Code 2024, is amended to read as follows: 10 If the agency or commission issues an order with respect 11 to a discriminatory housing practice that occurred in the 12 course of a business subject to a licensing or regulation by a 13 governmental agency, the agency or commission, not later than 14 thirty days after the date of issuance of the order, shall do 15 all of the following: 16 Sec. 273. Section 216.17A, subsection 8, paragraph a, Code 17 2024, is amended to read as follows: 18 a. On the request of the agency or commission, the attorney 19 general may intervene in an action under section 216.16A, 20 subsection 2 , if the agency or commission certifies that the 21 case is of general public importance. 22 Sec. 274. Section 216.17A, subsection 9, paragraph a, 23 unnumbered paragraph 1, Code 2024, is amended to read as 24 follows: 25 On the request of the agency or commission, the attorney 26 general may file a civil action in district court for 27 appropriate relief if the agency or commission has reasonable 28 cause to believe that any of the following applies: 29 Sec. 275. Section 216.19, subsections 2, 3, 4, 5, 6, 7, and 30 8, Code 2024, are amended to read as follows: 31 2. A city with a population of twenty-nine thousand, or 32 greater, shall maintain an independent local civil rights 33 agency or commission consistent with commission agency rules 34 adopted pursuant to chapter 17A . An agency or commission 35 -117- HF 2574.4054 (3) 90 ss/ns 117/ 237
for which a staff is provided shall have control over such 1 staff. A city required to maintain a local civil rights agency 2 or commission shall structure and adequately fund the agency 3 or commission in order to effect cooperative undertakings 4 with the Iowa office of civil rights commission and to aid in 5 effectuating the purposes of this chapter . 6 3. An agency or commission of local government and the 7 Iowa office of civil rights commission shall cooperate in the 8 sharing of data and research, and coordinating investigations 9 and conciliations in order to expedite claims of unlawful 10 discrimination and eliminate needless duplication. The Iowa 11 office of civil rights commission may enter into cooperative 12 agreements with any local agency or commission to effectuate 13 the purposes of this chapter . Such agreements may include 14 technical and clerical assistance and reimbursement of expenses 15 incurred by the local agency or commission in the performance 16 of the agency’s or commission’s duties if funds for this 17 purpose are appropriated by the general assembly. 18 4. The Iowa civil rights commission director may designate 19 an unfunded local agency or commission as a referral agency. A 20 local agency or commission shall not be designated a referral 21 agency unless the ordinance creating it provides the same 22 rights and remedies as are provided in this chapter . The Iowa 23 civil rights commission director shall establish by rules 24 the procedures for designating a referral agency and the 25 qualifications to be met by a referral agency. 26 5. The Iowa civil rights commission director may adopt 27 rules establishing the procedures for referral of complaints. 28 A referral agency may refuse to accept a case referred to 29 it by the Iowa office of civil rights commission if the 30 referral agency is unable to effect proper administration of 31 the complaint. It shall be the burden of the referral agency 32 to demonstrate that it is unable to properly administer that 33 complaint. 34 6. A complainant who files a complaint with a referral 35 -118- HF 2574.4054 (3) 90 ss/ns 118/ 237
agency having jurisdiction shall be prohibited from filing a 1 complaint with the Iowa civil rights commission agency alleging 2 violations based upon the same acts or practices cited in the 3 original complaint; and a complainant who files a complaint 4 with the commission agency shall be prohibited from filing 5 a complaint with the referral agency alleging violations 6 based upon the same acts or practices cited in the original 7 complaint. However, the Iowa civil rights commission agency in 8 its discretion may refer a complaint filed with the commission 9 agency to a referral agency having jurisdiction over the 10 parties for investigation and resolution; and a referral agency 11 in its discretion may refer a complaint filed with that agency 12 to the commission office for investigation and resolution. 13 7. A final decision by a referral agency shall be subject 14 to judicial review as provided in section 216.17 in the same 15 manner and to the same extent as a final decision of the Iowa 16 civil rights commission agency . 17 8. The referral of a complaint by the Iowa office of 18 civil rights commission to a referral agency or by a referral 19 agency to the Iowa office of civil rights commission shall not 20 affect the right of a complainant to commence an action in the 21 district court under section 216.16 . 22 Sec. 276. Section 216.21, Code 2024, is amended to read as 23 follows: 24 216.21 Documents to attorney or party. 25 If a party is represented by an attorney during the 26 proceedings of the agency or commission, with permission of 27 the attorney for the party or of the party, the agency or 28 commission shall provide copies of all relevant documents 29 including an order or decision to either the attorney for the 30 party or the party, but not to both. 31 Sec. 277. Section 216.22, subsection 2, paragraph b, Code 32 2024, is amended to read as follows: 33 b. The franchisor has been found by the commission agency to 34 have exercised a type or degree of control over the franchisee 35 -119- HF 2574.4054 (3) 90 ss/ns 119/ 237
or the franchisee’s employees that is not customarily exercised 1 by a franchisor for the purpose of protecting the franchisor’s 2 trademarks and brand. 3 Sec. 278. Section 230A.110, subsection 2, Code 2024, is 4 amended by striking the subsection. 5 Sec. 279. Section 235B.1, subsection 4, Code 2024, is 6 amended by striking the subsection. 7 Sec. 280. Section 235B.3, subsection 1, paragraph a, 8 subparagraph (4), Code 2024, is amended to read as follows: 9 (4) If, in the course of an assessment or evaluation of 10 a report of dependent adult abuse, the department or the 11 department of inspections, appeals, and licensing determines 12 that the case involves discrimination under the jurisdiction 13 of the Iowa office of civil rights commission , the relevant 14 portions of the case shall be referred to the commission 15 office . 16 Sec. 281. Section 235B.16A, subsections 1 and 4, Code 2024, 17 are amended to read as follows: 18 1. The dependent adult protective advisory council 19 established pursuant to section 235B.1 department shall 20 recommend adopt a uniform assessment instrument and process for 21 adoption and use by the department and other agencies involved 22 with assessing a dependent adult’s degree of dependency 23 and determining whether dependent adult abuse has occurred. 24 However, this section shall not apply to dependent adult abuse 25 assessments and determinations made under chapter 235E . 26 4. The department shall cooperate with the departments 27 of inspections, appeals, and licensing, public safety, 28 and workforce development, the Iowa office of civil rights 29 commission , and other state and local agencies performing 30 inspections or otherwise visiting residential settings where 31 dependent adults live, to regularly provide training to the 32 appropriate staff in the agencies concerning each agency’s 33 procedures involving dependent adults, and to build awareness 34 concerning dependent adults and reporting of dependent adult 35 -120- HF 2574.4054 (3) 90 ss/ns 120/ 237
abuse. 1 Sec. 282. Section 235E.5, Code 2024, is amended to read as 2 follows: 3 235E.5 Rulemaking authority. 4 The department, in cooperation and consultation with 5 the dependent adult protective advisory council established 6 in section 235B.1 , affected industry representatives , and 7 professional and consumer groups, may adopt rules pursuant to 8 chapter 17A to administer this chapter . 9 Sec. 283. Section 237A.12, subsection 3, Code 2024, is 10 amended to read as follows: 11 3. Rules relating to fire safety for child care centers 12 shall be adopted under this chapter by the director of 13 the department of inspections, appeals, and licensing in 14 consultation with the department. Rules adopted by the 15 director of the department of inspections, appeals, and 16 licensing for a building which is owned or leased by a school 17 district or accredited nonpublic school and used as a child 18 care facility shall not differ from standards adopted by 19 the director of the department of inspections, appeals, and 20 licensing for school buildings under chapter 10A, subchapter V, 21 part 2 . Rules relating to sanitation shall be adopted by the 22 department. All rules shall be developed in consultation with 23 the state child care advisory committee. The director of the 24 department of inspections, appeals, and licensing shall inspect 25 the facilities. 26 Sec. 284. Section 237A.25, subsection 1, Code 2024, is 27 amended to read as follows: 28 1. The department shall develop consumer information 29 material to assist parents in selecting a child care provider. 30 In developing the material, the department shall consult with 31 department staff, department of education staff, the state 32 child care advisory committee, the early childhood Iowa state 33 board, and child care resource and referral services. In 34 addition, the department may consult with other entities at the 35 -121- HF 2574.4054 (3) 90 ss/ns 121/ 237
local, state, and national level. 1 Sec. 285. Section 237A.30, subsection 1, Code 2024, is 2 amended to read as follows: 3 1. The department shall work with the early childhood Iowa 4 program established in section 256I.5 and the state child care 5 advisory committee in designing and implementing a voluntary 6 quality rating system for each provider type of child care 7 facility. 8 Sec. 286. Section 256.3, subsections 1 and 2, Code 2024, are 9 amended to read as follows: 10 1. The state board of education is established for the 11 department. The state board consists of ten nine members: 12 nine seven voting members , and one nonvoting student member , 13 and the director of the department of workforce development, 14 who shall serve as a nonvoting member . The voting members 15 shall be appointed by the governor subject to senate 16 confirmation. The nonvoting student member shall be appointed 17 as provided in section 256.5A . 18 2. The voting members shall be registered voters of 19 the state and hold no other elective or appointive state 20 office. Not more than five voting members shall be of the 21 same political party. Three of the voting members shall 22 have substantial knowledge related to the community college 23 system. The remaining six voting members shall be members of 24 the general public. A voting member shall not be engaged in 25 professional education for a major portion of the member’s time 26 nor shall the member derive a major portion of income from any 27 business or activity connected with education. 28 Sec. 287. Section 256.7, subsection 7, paragraph c, Code 29 2024, is amended by striking the paragraph. 30 Sec. 288. Section 256.9, subsection 31, paragraph b, Code 31 2024, is amended to read as follows: 32 b. Standards and materials developed shall include materials 33 which employ developmentally appropriate practices and 34 incorporate substantial parental involvement. The materials 35 -122- HF 2574.4054 (3) 90 ss/ns 122/ 237
and standards shall include alternative teaching approaches 1 including collaborative teaching and alternative dispute 2 resolution training. The department shall consult with the 3 child development coordinating council, the state child care 4 advisory committee established pursuant to section 135.173A , 5 the department of health and human services, the state board 6 of regents center for early developmental education, the 7 area education agencies, the department of human development 8 and family studies in the college of human sciences at 9 Iowa state university of science and technology, the early 10 childhood elementary division of the college of education at 11 the university of Iowa, and the college of education at the 12 university of northern Iowa, in developing these standards and 13 materials. 14 Sec. 289. Section 256.17, Code 2024, is amended to read as 15 follows: 16 256.17 Postsecondary course audit committee . 17 1. The department shall establish and facilitate a 18 postsecondary course audit committee which shall annually 19 audit postsecondary courses offered to high school students in 20 accordance with chapter 261E . 21 2. The committee shall include but not be limited 22 to representatives from the kindergarten through grade 23 twelve education community, community colleges, and regents 24 universities. 25 3. 2. The committee department shall establish a sampling 26 technique that randomly selects courses for audit. The audit 27 shall include but not be limited to a review of the course 28 syllabus, teacher qualifications, examples of student products, 29 and results of student assessments. Standards for review shall 30 be established by the committee and approved by the department. 31 Audit findings shall be submitted to the institutions providing 32 the classes audited and shall be posted on the department’s 33 internet site. 34 4. 3. If the committee department determines that a 35 -123- HF 2574.4054 (3) 90 ss/ns 123/ 237
postsecondary course offered to high school students in 1 accordance with chapter 261E does not meet the standards 2 established by the committee department pursuant to subsection 3 3 2 , the course shall not be eligible for future supplementary 4 weighting under section 257.11 . If the institution makes 5 changes to the course sufficient to cause the course to meet 6 the standards of the committee department , the committee 7 department may reinstate the eligibility of the course for 8 future supplementary weighting under section 257.11 . 9 Sec. 290. Section 256.32, subsection 1, Code 2024, is 10 amended to read as follows: 11 1. An advisory council for agricultural education is 12 established, which consists of nine seven members appointed 13 by the governor. The nine seven members shall include the 14 following: 15 a. Five at least four persons representing all areas 16 of agriculture and diverse geographical areas and at least 17 one person involved in the field of education, including 18 but not limited to a secondary school program instructor, a 19 postsecondary school program instructor, or a teacher educator . 20 b. An individual representing agriculture on a council 21 created to advise the state on career and technical education 22 matters. 23 c. A secondary school program instructor, a postsecondary 24 school program instructor, and a teacher educator. 25 Sec. 291. Section 256.33, subsection 1, Code 2024, is 26 amended to read as follows: 27 1. The department shall consort with school districts, 28 area education agencies, community colleges, and colleges 29 and universities to provide assistance to them in the use 30 of educational technology for instruction purposes. The 31 department shall consult with the advisory committee on 32 telecommunications, established in section 256.7, subsection 7 , 33 and other users of educational technology on the development 34 and operation of programs under this section . 35 -124- HF 2574.4054 (3) 90 ss/ns 124/ 237
Sec. 292. Section 256.82, subsection 1, paragraph a, Code 1 2024, is amended to read as follows: 2 a. Four members shall be appointed by the governor so 3 that the portion of the board membership appointed under this 4 paragraph includes two male board members and two female board 5 members at all times : 6 (1) One member shall be appointed from the business 7 community other than the television and telecommunications 8 industry. 9 (2) One member shall be appointed with experience in or 10 knowledge about the television industry. 11 (3) One member shall be appointed from the membership of 12 a fundraising nonprofit organization financially assisting 13 the Iowa public broadcasting division . At least one member 14 shall have experience in or knowledge of the television and 15 telecommunications industry, and at least one member shall 16 have experience with or knowledge of fundraising nonprofit 17 organizations. 18 (4) One member shall represent the general public. 19 Sec. 293. Section 256.176, subsection 2, paragraphs a and d, 20 Code 2024, are amended to read as follows: 21 a. A member of the state board of regents to be named by the 22 state board of regents, or the executive director of the state 23 board of regents if so appointed by the state board of regents, 24 who shall serve for a four-year term or until the expiration 25 of the member’s term of office , and who shall serve as an ex 26 officio, nonvoting member . 27 d. Nine Seven additional members to be appointed by the 28 governor as follows: 29 (1) One member shall be selected to represent private 30 colleges and universities located in the state of Iowa. 31 When appointing this member, the governor shall give careful 32 consideration to any person nominated or recommended by any 33 organization or association of some or all private colleges and 34 universities located in the state of Iowa. 35 -125- HF 2574.4054 (3) 90 ss/ns 125/ 237
(2) One member shall be selected to represent Iowa’s 1 community colleges. When appointing this member, the governor 2 shall give careful consideration to any person nominated 3 or recommended by any organization or association of Iowa 4 community colleges. 5 (3) (1) One At least one member shall be enrolled as a 6 student at an institution of higher learning governed by the 7 board of regents, a community college, or an accredited private 8 institution. 9 (4) (2) One At least one member shall be a parent of a 10 student enrolled at an institution of higher learning governed 11 by the board of regents, a community college, or an accredited 12 private institution. 13 (5) (3) One At least one member shall represent 14 practitioners licensed under chapter 256, subchapter VII, 15 part 3 . When appointing this member, the governor shall give 16 careful consideration to any person nominated by an Iowa 17 teacher association or other education stakeholder organization 18 have knowledge and experience in financial or fiduciary 19 matters . 20 (6) Four members shall represent the general public, 21 none of whom shall be officers, board members, or trustees 22 of an institution of higher learning or of an association of 23 institutions of higher learning. 24 Sec. 294. Section 256.176, subsection 2, Code 2024, is 25 amended by adding the following new paragraphs: 26 NEW PARAGRAPH . e. One member to represent private colleges 27 and universities located in the state of Iowa, who shall be 28 selected by an organization or association of some or all 29 private colleges and universities located in the state of Iowa, 30 and who shall serve as an ex officio, nonvoting member. 31 NEW PARAGRAPH . f. One member to represent Iowa’s community 32 colleges, who shall be selected by an organization or 33 association of Iowa community colleges, and who shall serve as 34 an ex officio, nonvoting member. 35 -126- HF 2574.4054 (3) 90 ss/ns 126/ 237
Sec. 295. Section 256I.4, subsection 19, Code 2024, is 1 amended by striking the subsection and inserting in lieu 2 thereof the following: 3 19. Serve as the state advisory council required under the 4 federal Improving Head Start for School Readiness Act of 2007, 5 Pub. L. No. 110-134, as designated by the governor. 6 Sec. 296. Section 260C.36, subsection 4, Code 2024, is 7 amended to read as follows: 8 4. The department of education shall establish the 9 following committees: 10 a. An an ad hoc accreditation quality faculty plan protocol 11 committee to advise the department in the development of 12 protocols related to the quality faculty planning process to 13 be used by the accreditation teams during site visits. The 14 committee shall, at a minimum, determine what types of evidence 15 need to be provided, develop interview procedures and visit 16 goals, and propose accreditation protocol revisions. 17 b. An ongoing quality faculty plan professional development 18 committee. The committee shall, at a minimum, do the 19 following: 20 (1) Develop systemic, ongoing, and sustainable statewide 21 professional development opportunities that support 22 institutional development as well as individual development and 23 support of the quality faculty plans. The opportunities may 24 include internet-based systems to share promising practices. 25 (2) Determine future professional development needs. 26 (3) Develop or identify training and assistance relating to 27 the quality faculty plan process and requirements. 28 (4) Assist the department and community colleges in 29 developing professional development consortia. 30 (5) Review and identify best practices in each community 31 college quality faculty plan, including best practices 32 regarding adjunct faculty. 33 c. A community college faculty advisory committee consisting 34 of one member and one alternate from each community college, 35 -127- HF 2574.4054 (3) 90 ss/ns 127/ 237
appointed by the committee established pursuant to subsection 1 1 . The committee membership shall be equally represented by 2 individuals from the liberal arts and sciences faculty and 3 the career and technical faculty. The committee shall, at a 4 minimum, keep faculty informed of higher education issues, 5 facilitate communication between the faculty and the department 6 on an ongoing basis, and serve as an advisory committee to the 7 department and community colleges on faculty issues. 8 Sec. 297. Section 260C.39, subsection 3, Code 2024, is 9 amended to read as follows: 10 3. The terms of employment of personnel, for the academic 11 year following the effective date of the agreement to combine 12 the merged areas shall not be affected by the combination of 13 the merged areas, except in accordance with the procedures 14 under sections 279.15 , 279.16 , 279.18 , and 279.24 , to 15 the extent those procedures are applicable, or under the 16 terms of the base bargaining agreement. The authority and 17 responsibility to offer new contracts or to continue, modify, 18 or terminate existing contracts pursuant to any applicable 19 procedures under chapter 279 , shall be transferred to the 20 acting, and then to the new, board of the combined merged area 21 upon certification of a favorable vote to each of the merged 22 areas affected by the agreement. The collective bargaining 23 agreement of the merged area receiving the greatest amount of 24 general state aid shall serve as the base agreement for the 25 combined merged area and the employees of the merged areas 26 which combined to form the new combined merged area shall 27 automatically be accreted to the bargaining unit from that 28 former merged area for purposes of negotiating the contracts 29 for the following years without further action by the public 30 employment relations appeal board. If only one collective 31 bargaining agreement is in effect among the merged areas which 32 are combining under this section , then that agreement shall 33 serve as the base agreement, and the employees of the merged 34 areas which are combining to form the new combined merged 35 -128- HF 2574.4054 (3) 90 ss/ns 128/ 237
area shall automatically be accreted to the bargaining unit 1 of that former merged area for purposes of negotiating the 2 contracts for the following years without further action by the 3 public employment relations appeal board. The board of the 4 combined merged area, using the base agreement as its existing 5 contract, shall bargain with the combined employees of the 6 merged areas that have agreed to combine for the academic year 7 beginning with the effective date of the agreement to combine 8 merged areas. The bargaining shall be completed by March 15 9 prior to the academic year in which the agreement to combine 10 merged areas becomes effective or within one hundred eighty 11 days after the organization of the acting board of the new 12 combined merged area, whichever is later. If a bargaining 13 agreement was already concluded in the former merged area which 14 has the collective bargaining agreement that is serving as the 15 base agreement for the new combined merged area, between the 16 former merged area board and the employees of the former merged 17 area, that agreement is void, unless the agreement contained 18 multiyear provisions affecting academic years subsequent to the 19 effective date of the agreement to form a combined merged area. 20 If the base collective bargaining agreement contains multiyear 21 provisions, the duration and effect of the agreement shall 22 be controlled by the terms of the agreement. The provisions 23 of the base agreement shall apply to the offering of new 24 contracts, or the continuation, modification, or termination 25 of existing contracts between the acting or new board of the 26 combined merged area and the combined employees of the new 27 combined merged area. 28 Sec. 298. Section 261A.6, subsection 2, Code 2024, is 29 amended to read as follows: 30 2. a. The For members appointed prior to the effective date 31 of this division of this Act, members of the authority shall be 32 appointed by the governor for terms of six years beginning and 33 ending as provided in section 69.19 . A member of the authority 34 is eligible for reappointment. 35 -129- HF 2574.4054 (3) 90 ss/ns 129/ 237
b. For members appointed on or after the effective date of 1 this division of this Act, members of the authority shall be 2 appointed by the governor for terms of four years beginning and 3 ending as provided in section 69.19. A member of the authority 4 shall not serve more than two full terms. 5 c. The governor shall fill a vacancy for the remainder of 6 the unexpired term. A member of the authority may be removed 7 by the governor for misfeasance, malfeasance, or willful 8 neglect of duty or other cause after notice and a public 9 hearing unless the notice and hearing are waived by the member 10 in writing. 11 Sec. 299. Section 266.39, subsections 3 and 5, Code 2024, 12 are amended by striking the subsections. 13 Sec. 300. Section 272C.1, subsection 6, paragraph u, Code 14 2024, is amended by striking the paragraph. 15 Sec. 301. Section 273.22, subsection 2, paragraph a, Code 16 2024, is amended to read as follows: 17 a. The collective bargaining agreement of the area education 18 agency with the largest basic enrollment, as defined in section 19 257.6 , for the year prior to the year the reorganization is 20 effective, shall serve as the base agreement in the new area 21 education agency and the employees of the other area education 22 agencies involved in the formation of the new area education 23 agency shall automatically be accreted to the bargaining 24 unit of that collective bargaining agreement for purposes of 25 negotiating the contracts for the following years without 26 further action by the public employment relations appeal 27 board. If only one collective bargaining agreement is in 28 effect among the area education agencies that are party to 29 the reorganization, that agreement shall serve as the base 30 agreement, and the employees of the other agencies involved 31 in the formation of the new area education agency shall 32 automatically be accreted to the bargaining unit of that 33 collective bargaining agreement for purposes of negotiating the 34 contracts for the following years without further action by the 35 -130- HF 2574.4054 (3) 90 ss/ns 130/ 237
public employment relations appeal board. 1 Sec. 302. Section 275.33, subsection 2, paragraph a, Code 2 2024, is amended to read as follows: 3 a. The collective bargaining agreement of the district 4 with the largest basic enrollment for the year prior to 5 the reorganization, as defined in section 257.6 , in the new 6 district shall serve as the base agreement and the employees 7 of the other districts involved in the formation of the new 8 district shall automatically be accreted to the bargaining 9 unit of that collective bargaining agreement for purposes of 10 negotiating the contracts for the following years without 11 further action by the public employment relations appeal board. 12 If only one collective bargaining agreement is in effect among 13 the districts which are party to the reorganization, then that 14 agreement shall serve as the base agreement, and the employees 15 of the other districts involved in the formation of the new 16 district shall automatically be accreted to the bargaining 17 unit of that collective bargaining agreement for purposes of 18 negotiating the contracts for the following years without 19 further action by the public employment relations appeal board. 20 Sec. 303. Section 284.11, subsection 2, paragraph c, Code 21 2024, is amended to read as follows: 22 c. Review the use and effectiveness of the funds distributed 23 to school districts for supplemental assistance in high-need 24 schools under this section , and consider the findings and 25 recommendations of the commission on educator leadership 26 and compensation submitted pursuant to section 284.15, 27 subsection 13 , relating to the use and effectiveness of the 28 funds distributed to school districts under this section . The 29 department shall submit its findings and recommendations in a 30 report to the general assembly by January 15 annually. 31 Sec. 304. Section 284.15, subsection 12, Code 2024, is 32 amended by striking the subsection. 33 Sec. 305. Section 284.15, subsection 14, Code 2024, is 34 amended to read as follows: 35 -131- HF 2574.4054 (3) 90 ss/ns 131/ 237
14. The provisions of this chapter shall be subject to 1 legislative review at least every three years. The review 2 shall be based upon a status report from the commission 3 on educator leadership and compensation, which shall be 4 prepared with the assistance of the departments of education, 5 management, and revenue. The status report shall review and 6 report on the department’s assignment and utilization of 7 full-time equivalent positions, and shall include information 8 on teacher retention, teacher compensation, academic quality 9 of beginning teachers, teacher evaluation results, student 10 achievement trend and comparative data, and recommendations 11 for changes to the teacher leadership supplement foundation 12 aid and the framework or comparable systems approved pursuant 13 to this section . The first status report shall be submitted 14 to the general assembly by January 15, 2017, with subsequent 15 status reports prepared and submitted to the general assembly 16 by January 15 at least every third year thereafter. 17 Sec. 306. Section 312.3, subsection 1, Code 2024, is amended 18 to read as follows: 19 1. Apportion among the counties the road use tax funds 20 credited to the secondary road fund by using the distribution 21 methodology adopted pursuant to section 312.3C by the 22 commission by rule . 23 Sec. 307. Section 312.3B, subsection 2, Code 2024, is 24 amended to read as follows: 25 2. The Iowa county engineers association service 26 bureau shall annually compute the secondary road fund and 27 farm-to-market road fund distributions using the methodology 28 determined by the secondary road fund distribution committee 29 pursuant to section 312.3C commission . The Iowa county 30 engineers association service bureau shall report the 31 computations to the secondary road fund distribution committee, 32 the department, the treasurer of state, and the counties. 33 Sec. 308. Section 312.5, subsection 1, Code 2024, is amended 34 to read as follows: 35 -132- HF 2574.4054 (3) 90 ss/ns 132/ 237
1. For the fiscal year ending June 30, 2006, the treasurer 1 of state shall apportion among the counties the road use tax 2 funds credited to the farm-to-market road fund by using the 3 allocation method contained in section 312.5, subsection 1 , 4 Code 2005. For subsequent fiscal years Each fiscal year , the 5 treasurer of state shall apportion among the counties the road 6 use tax funds credited to the farm-to-market road fund by using 7 the distribution methodology adopted pursuant to section 312.3C 8 by the commission . 9 Sec. 309. Section 312.16, Code 2024, is amended by adding 10 the following new subsection: 11 NEW SUBSECTION . 01. “Commission” means the state 12 transportation commission. 13 Sec. 310. Section 312A.3, subsection 2, Code 2024, is 14 amended to read as follows: 15 2. Twenty percent for deposit in the secondary road fund, 16 for apportionment according to the methodology adopted pursuant 17 to section 312.3C by the commission , to be used by counties 18 for construction and maintenance projects on secondary road 19 bridges and on highways in the farm-to-market road system. At 20 least ten percent of the moneys allocated to a county under 21 this subsection shall be used for bridge construction, repair, 22 and maintenance, with priority given to projects that aid and 23 support economic development and job creation. 24 Sec. 311. Section 314.1, subsection 2, Code 2024, is amended 25 to read as follows: 26 2. Notwithstanding any other provision of law to the 27 contrary, a public improvement that involves the construction, 28 reconstruction, or improvement of a highway, bridge, or culvert 29 and that has a cost in excess of the applicable threshold in 30 section 73A.18 , 262.34 , 297.7 , 309.40 , 310.14 , or 313.10 , as 31 modified by the bid threshold subcommittee director pursuant 32 to section 314.1B , shall be advertised and let for bid, except 33 such public improvements that involve emergency work pursuant 34 to section 309.40A , 313.10 , or 384.103, subsection 2 . For a 35 -133- HF 2574.4054 (3) 90 ss/ns 133/ 237
city having a population of fifty thousand or less, a public 1 improvement that involves the construction, reconstruction, or 2 improvement of a highway, bridge, or culvert that has a cost 3 in excess of twenty-five thousand dollars, as modified by the 4 bid threshold subcommittee director pursuant to section 314.1B , 5 shall be advertised and let for bid, excluding emergency work. 6 However, a public improvement that has an estimated total 7 cost to a city in excess of a threshold of fifty thousand 8 dollars, as modified by the bid threshold subcommittee director 9 pursuant to section 314.1B , and that involves the construction, 10 reconstruction, or improvement of a highway, bridge, or culvert 11 that is under the jurisdiction of a city with a population 12 of more than fifty thousand, shall be advertised and let for 13 bid. Cities required to competitively bid highway, bridge, 14 or culvert work shall do so in compliance with the contract 15 letting procedures of sections 26.3 through 26.12 . 16 Sec. 312. Section 314.1B, subsection 1, paragraph a, Code 17 2024, is amended by striking the paragraph. 18 Sec. 313. Section 314.1B, subsection 1, paragraph b, Code 19 2024, is amended to read as follows: 20 b. The subcommittee director, in consultation with industry 21 and subject matter experts, shall review the competitive bid 22 thresholds applicable to city and county highway, bridge, 23 and culvert projects. The subcommittee director shall 24 review price adjustments for all types of city and county 25 highway, bridge, and culvert construction, reconstruction, and 26 improvement projects, based on changes in the construction 27 price index from the preceding year. Upon completion of the 28 review the subcommittee director may make adjustments in the 29 applicable bid thresholds for types of work based on the price 30 adjustments. 31 Sec. 314. Section 314.1B, subsection 2, paragraph a, Code 32 2024, is amended by striking the paragraph. 33 Sec. 315. Section 314.1B, subsection 2, paragraphs b, c, d, 34 and e, Code 2024, are amended to read as follows: 35 -134- HF 2574.4054 (3) 90 ss/ns 134/ 237
b. The subcommittee appointed under this subsection 1 director, in consultation with industry and subject matter 2 experts, shall review the competitive bid thresholds applicable 3 to governmental entities under chapter 26 . The subcommittee 4 director shall review price adjustments for all types of 5 construction, reconstruction, and public improvement projects 6 based on the changes in the construction price index, building 7 cost index, and material cost index from the preceding 8 adjustment. Upon completion of the review the subcommittee 9 director may make adjustments in the applicable bid thresholds 10 for types of work based on the price adjustments. 11 c. The subcommittee shall not make an initial adjustment to 12 the competitive bid threshold in section 26.3 to be effective 13 prior to January 1, 2012. Thereafter, the subcommittee The 14 director shall adjust the bid threshold amount in accordance 15 with subsection 3 but shall not adjust the bid threshold to an 16 amount less than the bid threshold applicable to a governmental 17 entity on January 1, 2007. 18 d. Beginning July 1, 2006 2024 , the subcommittee director 19 shall make adjustments to the competitive quotation threshold 20 amounts in section 26.14 for vertical infrastructure in 21 accordance with the methodology of paragraph “b” . 22 e. After 2012, the subcommittee The director shall adjust 23 the competitive quotation threshold amounts in section 26.14 24 at the same time and by the same percentage as adjustments are 25 made to the competitive bid threshold. 26 Sec. 316. Section 314.1B, subsection 3, Code 2024, is 27 amended to read as follows: 28 3. Review —— publication. Each subcommittee The director 29 shall meet to conduct the review and make the adjustments 30 described in this section on or before August 1 of every 31 other year, or of every year if determined necessary by the 32 subcommittee director . By September 1 of each year in which 33 a subcommittee director makes adjustments in the bid or 34 quotation thresholds, the director shall cause an advisory 35 -135- HF 2574.4054 (3) 90 ss/ns 135/ 237
notice to be published in the Iowa administrative bulletin and 1 in a newspaper of general circulation in this state, stating 2 the adjusted bid and quotation thresholds to be in effect 3 on January 1 of the following year, as established by the 4 subcommittees director under this section . 5 Sec. 317. Section 314.13, subsection 2, Code 2024, is 6 amended by striking the subsection. 7 Sec. 318. Section 314.13, Code 2024, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 4A. “Director” means the director of 10 transportation. 11 Sec. 319. Section 314.22, subsection 3, Code 2024, is 12 amended to read as follows: 13 3. Integrated roadside vegetation management technical 14 advisory committee Report . 15 a. The director of the department shall appoint members 16 to an integrated roadside vegetation management technical 17 advisory committee which is created to provide advice on the 18 development and implementation of a statewide integrated 19 roadside vegetation management plan and program and related 20 projects. The department shall report annually in January to 21 the general assembly regarding its activities and those of the 22 committee under this section . Activities of the committee may 23 include but are not limited to providing advice and assistance 24 in the following areas: 25 (1) Research efforts. 26 (2) Demonstration projects. 27 (3) Education and orientation efforts for property owners, 28 public officials, and the general public. 29 (4) Activities of the integrated roadside vegetation 30 management coordinator for integrated roadside vegetation 31 management. 32 (5) Reviewing applications for funding assistance. 33 (6) Securing funding for research and demonstrations. 34 (7) Determining needs for revising the state weed law and 35 -136- HF 2574.4054 (3) 90 ss/ns 136/ 237
other applicable Code sections. 1 (8) Liaison with the Iowa state association of counties, the 2 Iowa league of cities, and other organizations for integrated 3 roadside vegetation management purposes. 4 b. The director may appoint any number of persons to the 5 committee but, at a minimum, the committee shall consist of all 6 of the following: 7 (1) One member representing the utility industry. 8 (2) One member from the Iowa academy of sciences. 9 (3) One member representing county government. 10 (4) One member representing city government. 11 (5) Two members representing the private sector including 12 community interest groups. 13 (6) One member representing soil conservation interests. 14 (7) One member representing the department of natural 15 resources. 16 (8) One member representing county conservation boards. 17 c. Members of the committee shall serve without 18 compensation, but may be reimbursed for allowable expenses from 19 the living roadway trust fund created under section 314.21 . No 20 more than a simple majority of the members of the committee 21 shall be of the same gender as provided in section 69.16A . 22 The director of the department shall appoint the chair of the 23 committee and shall establish a minimum schedule of meetings 24 for the committee. 25 Sec. 320. Section 321.252, subsection 3, paragraph a, Code 26 2024, is amended to read as follows: 27 a. The department shall establish, by rule, in cooperation 28 with a tourist signing committee, the standards for 29 tourist-oriented directional signs and shall annually review 30 the list of attractions for which signing is in place. The 31 rules shall conform to national standards for tourist-oriented 32 directional signs adopted under 23 U.S.C. §131(q) and to the 33 manual of uniform traffic-control devices. 34 (1) The tourist signing committee shall be made up of 35 -137- HF 2574.4054 (3) 90 ss/ns 137/ 237
the directors or the directors’ designees of the departments 1 of agriculture and land stewardship, natural resources, and 2 transportation, the director or the director’s designee of 3 the economic development authority, the chairperson or the 4 chairperson’s designee of the Iowa travel council, and a 5 member of the outdoor advertising association of Iowa. The 6 director or the director’s designee of the economic development 7 authority shall be the chairperson of the committee. 8 (2) The department of transportation shall be responsible 9 for calling and setting the date of the meetings of the 10 committee which meetings shall be based upon the amount of 11 activity relating to signs. However, the committee shall meet 12 at least once a month. 13 Sec. 321. Section 333A.2, subsection 1, paragraphs b and c, 14 Code 2024, are amended to read as follows: 15 b. Five elected county officials who are regularly involved 16 in budget preparation. One county official shall be from 17 a county with a population of less than eleven thousand 18 five hundred, one from a county with a population of more 19 than eleven thousand five hundred but not more than sixteen 20 thousand, one from a county with a population of more than 21 sixteen thousand but not more than twenty-two thousand five 22 hundred, one from a county with a population of more than 23 twenty-two thousand five hundred but not more than eighty 24 thousand and one from a county with a population of more than 25 eighty thousand. The governor director of the department of 26 management shall select and appoint the county officials , 27 subject to the approval of two-thirds of the members of the 28 senate . 29 c. A certified public accountant experienced in governmental 30 accounting selected and appointed by the governor with the 31 approval of two-thirds of the members of the senate director of 32 the department of management . 33 Sec. 322. Section 333A.2, subsection 2, Code 2024, is 34 amended to read as follows: 35 -138- HF 2574.4054 (3) 90 ss/ns 138/ 237
2. The members of the committee appointed by the governor 1 director of the department of management are appointed for 2 four-year terms except that of the initial appointments, two 3 county official members shall be appointed to two-year terms. 4 When a county official member no longer holds the office which 5 qualified the official for appointment, the official shall no 6 longer be a member of the committee. Any person appointed to 7 fill a vacancy shall be appointed to serve the unexpired term. 8 Any member is eligible for reappointment, but a member shall 9 not be appointed to serve more than two four-year terms. 10 Sec. 323. Section 357A.21, subsection 2, Code 2024, is 11 amended to read as follows: 12 2. If an agreement is not reached under subsection 1 , 13 the governing body of the city or water utility or the board 14 of directors or trustees of the district or association may 15 request mediation pursuant to chapter 679C . The governing 16 body or board requesting mediation shall be responsible for 17 the costs of the mediation. A mediation committee shall be 18 established if a governing body or board requests mediation 19 pursuant to this subsection . The mediation committee shall 20 consist of one member of the governing body of the city or the 21 governing body’s designee, one member of the board of directors 22 or trustees of the district or association, as applicable, and 23 one disinterested member chosen by the other two members. A 24 list of qualified mediators may be obtained from the American 25 arbitration association, the public employment relations appeal 26 board established pursuant to section 20.5 10A.601 , or a 27 recognized mediation organization or association. 28 Sec. 324. Section 384.13, subsection 2, paragraphs c and d, 29 Code 2024, are amended to read as follows: 30 c. Five city officials who are regularly involved in 31 budget preparation. One official must be from a city with a 32 population of not over two thousand five hundred, one from a 33 city with a population of over two thousand five hundred but 34 not over fifteen thousand, one from a city with a population 35 -139- HF 2574.4054 (3) 90 ss/ns 139/ 237
of over fifteen thousand but not over fifty thousand, one from 1 a city with a population of over fifty thousand, and one from 2 any size city. The governor director of the department of 3 management shall select and appoint the city officials. 4 d. One certified public accountant experienced in city 5 accounting, to be selected and appointed by the governor 6 director of the department of management . 7 Sec. 325. Section 455A.5, subsection 1, Code 2024, is 8 amended to read as follows: 9 1. a. A natural resource commission is created, which 10 consists of seven members appointed by the governor for 11 staggered terms of six years beginning and ending as provided 12 in section 69.19 , except as provided in paragraph “b” . The 13 appointees are subject to senate confirmation. The members 14 shall be citizens of the state who have a substantial knowledge 15 of the subjects embraced by chapter 456A . The appointments 16 shall be based upon the training, experience, and capacity of 17 the appointees, and not based upon political considerations, 18 other than as provided in section 69.16 . A member of the 19 commission shall not hold any other state or federal office. 20 b. For members appointed on or after the effective date 21 of this division of this Act, members shall serve staggered 22 terms of four years beginning and ending as provided in section 23 69.19. 24 Sec. 326. Section 455A.5, subsection 6, paragraph d, Code 25 2024, is amended to read as follows: 26 d. Approve Provide advice and recommendations regarding 27 the budget request prepared by the director for the programs 28 authorized by chapters 321G , 321I , 456A , 456B , 457A , 461A , 29 462A , 462B , 464A , 481A , 481B , 483A , 484A , and 484B . The 30 commission may increase, decrease, or strike any item within 31 the department budget request for the specified programs before 32 granting approval. 33 Sec. 327. Section 455A.6, subsection 6, paragraph d, Code 34 2024, is amended to read as follows: 35 -140- HF 2574.4054 (3) 90 ss/ns 140/ 237
d. Approve Provide advice and make recommendations regarding 1 the budget request prepared by the director for the programs 2 authorized by chapters 455B , 455C , 455E , 455F , 455H , and 459, 3 subchapters II and III . The commission shall approve the 4 budget request prepared by the director for programs subject to 5 the rulemaking authority of the commission. The commission may 6 increase, decrease, or strike any item within the department 7 budget request for the specified programs before granting 8 approval. 9 Sec. 328. Section 455A.19, subsection 1, unnumbered 10 paragraph 1, Code 2024, is amended to read as follows: 11 Upon receipt of any revenue, the director shall deposit the 12 moneys in the Iowa resources enhancement and protection fund 13 created pursuant to section 455A.18 . The first three hundred 14 fifty thousand dollars of the funds received for deposit in the 15 fund annually shall be allocated to the conservation education 16 program board for the purposes specified in section 455A.21 . 17 One percent of the revenue receipts shall be deducted and 18 transferred to the administration fund provided for in section 19 456A.17 . All of the remaining receipts shall be allocated to 20 the following accounts: 21 Sec. 329. Section 455A.21, Code 2024, is amended to read as 22 follows: 23 455A.21 Conservation education program board . 24 1. A conservation education program board is created in 25 the department. The board shall have five members appointed 26 as follows: 27 a. One member appointed by the director of the department 28 of education. 29 b. One member appointed by the director of the department of 30 natural resources. 31 c. One member appointed by the president of the Iowa 32 association of county conservation boards. 33 d. One member appointed by the president of the Iowa 34 association of naturalists. 35 -141- HF 2574.4054 (3) 90 ss/ns 141/ 237
e. One member appointed by the president of the Iowa 1 conservation education council. 2 2. Section 69.16 does not apply to appointments made 3 pursuant to this section . 4 3. The duties of the board are to department shall revise 5 and produce conservation education materials and to specify 6 stipends to Iowa educators who participate in innovative 7 conservation education programs approved by the board 8 department . The board department shall allocate the funds 9 provided for under section 455A.19, subsection 1 , for the 10 educational materials and stipends. 11 4. The department shall administer the funds allocated to 12 the conservation education program as provided in this section . 13 Sec. 330. Section 455B.190A, subsection 1, paragraph h, 14 Code 2024, is amended by striking the paragraph. 15 Sec. 331. Section 455B.190A, subsection 2, paragraphs f and 16 g, Code 2024, are amended to read as follows: 17 f. The department shall develop continuing education 18 requirements for certification of a well contractor in 19 consultation with the well contractors’ council . 20 g. The examination shall be developed by the department in 21 consultation with the well contractors’ council to determine 22 the applicant’s qualifications to perform well drilling or 23 pump services or both. The examination shall be updated 24 as necessary to reflect current groundwater law and well 25 construction, maintenance, pump services, and abandonment 26 practices. The examination shall be administered by the 27 department or by a person designated by the department. 28 Sec. 332. Section 455B.190A, subsections 3 and 6, Code 2024, 29 are amended by striking the subsections. 30 Sec. 333. Section 455B.190A, subsection 4, Code 2024, is 31 amended to read as follows: 32 4. The department shall develop , in consultation with the 33 well contractors’ council, a consumer information pamphlet 34 regarding well construction, well maintenance, well plugging, 35 -142- HF 2574.4054 (3) 90 ss/ns 142/ 237
pump services, and Iowa groundwater laws. The department and 1 the council shall review and revise the consumer information 2 pamphlet as necessary. The consumer information pamphlet shall 3 be supplied to well contractors, at cost, and well contractors 4 shall supply one copy at no cost to potential customers prior 5 to initiation of well services. 6 Sec. 334. Section 455B.190A, subsection 5, unnumbered 7 paragraph 1, Code 2024, is amended to read as follows: 8 The department shall establish by rule and collect , in 9 consultation with the well contractors’ council, the following 10 fees to be used to implement and administer the provisions of 11 this section : 12 Sec. 335. Section 455G.4, Code 2024, is amended by adding 13 the following new subsection: 14 NEW SUBSECTION . 7. Repeal. This section is repealed 15 December 31, 2028. On or before November 29, 2027, the 16 department of natural resources, in consultation with the 17 board, shall propose legislation to the general assembly to 18 strike or repeal provisions referencing the board and the Iowa 19 comprehensive petroleum underground storage tank fund created 20 in section 455G.3 throughout the Code. The remainder of the 21 moneys in the Iowa comprehensive petroleum underground storage 22 tank fund on December 31, 2028, shall be transferred to the 23 storage tank management account of the groundwater protection 24 fund created in section 455E.11. 25 Sec. 336. Section 461A.42, subsection 1, paragraph a, Code 26 2024, is amended to read as follows: 27 a. A firearm or other weapon authorized for hunting may be 28 used in preserves or parts of preserves designated by the state 29 advisory board on preserves department at the request of the 30 commission. 31 Sec. 337. Section 465C.1, subsection 2, Code 2024, is 32 amended by striking the subsection. 33 Sec. 338. Section 465C.1, subsection 4, Code 2024, is 34 amended to read as follows: 35 -143- HF 2574.4054 (3) 90 ss/ns 143/ 237
4. “Dedication” means the allocation of an area as a 1 preserve by a public agency or by a private owner by written 2 stipulation in a form approved by the state advisory board for 3 preserves department . 4 Sec. 339. Section 465C.2, Code 2024, is amended to read as 5 follows: 6 465C.2 Advisory board. 7 There is hereby created a state system of preserves and a 8 state advisory board for preserves . 9 Sec. 340. Section 465C.8, unnumbered paragraph 1, Code 10 2024, is amended to read as follows: 11 The board department shall have the following powers and 12 duties with respect to this chapter : 13 Sec. 341. Section 465C.8, subsection 9, Code 2024, is 14 amended by striking the subsection. 15 Sec. 342. Section 465C.9, Code 2024, is amended to read as 16 follows: 17 465C.9 Articles of dedication. 18 1. The public agency or private owner shall complete 19 articles of dedication on forms approved by the board 20 department . When the articles of dedication have been approved 21 by the governor, the board department shall record them with 22 the county recorder for the county or counties in which the 23 area is located. 24 2. The articles of dedication may contain restrictions 25 on development, sale, transfer, method of management, public 26 access, and commercial or other use, and may contain such other 27 provisions as may be necessary to further the purposes of this 28 chapter . They may define the respective jurisdictions of the 29 owner or operating agency and the board department . They may 30 provide procedures to be applied in case of violation of the 31 dedication. They may recognize reversionary rights. They may 32 vary in provisions from one preserve to another in accordance 33 with differences in relative conditions. 34 Sec. 343. Section 465C.10, Code 2024, is amended to read as 35 -144- HF 2574.4054 (3) 90 ss/ns 144/ 237
follows: 1 465C.10 When dedicated as a preserve. 2 An area shall become a preserve when it has been approved by 3 the board department for dedication as a preserve, whether in 4 public or private ownership, formally dedicated as a preserve 5 within the system by a public agency or private owner and 6 designated by the governor as a preserve. 7 Sec. 344. Section 465C.11, Code 2024, is amended to read as 8 follows: 9 465C.11 Area held in trust. 10 1. An area designated as a preserve within the system is 11 hereby declared put to its highest, best, and most important 12 use for public benefit. It shall be held in trust and shall not 13 be alienated except to another public use upon a finding by the 14 board department of imperative and unavoidable public necessity 15 and with the approval of the commission, the general assembly 16 by concurrent resolution, and the governor. The board’s 17 department’s interest or interests in any area designated as a 18 preserve shall not be taken under the condemnation statutes of 19 this state without such a finding of imperative and unavoidable 20 public necessity by the board department , and with the 21 consent of the commission, the general assembly by concurrent 22 resolution, and the governor. 23 2. The board department , with the approval of the governor, 24 may enter into amendments to any articles of dedication upon 25 its finding that such amendment will not permit an impairment, 26 disturbance, or development of the area inconsistent with the 27 purposes of this chapter . 28 3. Before the board department shall make a finding 29 of imperative and unavoidable public necessity, or shall 30 enter into any amendment to articles of dedication, the 31 board department shall provide notice of such proposal and 32 opportunity for any person to be heard. Such notice shall 33 be published at least once in a newspaper with a general 34 circulation in the county or counties wherein the area directly 35 -145- HF 2574.4054 (3) 90 ss/ns 145/ 237
affected is situated, and mailed within ten days of such 1 published notice to all persons who have requested notice of 2 all such proposed actions. Each notice shall set forth the 3 substance of the proposed action and describe, with or without 4 legal description, the area affected, and shall set forth a 5 place and time not less than sixty days thence for all persons 6 desiring to be heard to have reasonable opportunity to be heard 7 prior to the finding of the board department . 8 Sec. 345. Section 481C.2, subsection 3, Code 2024, is 9 amended to read as follows: 10 3. The criteria for issuing depredation licenses and 11 permits shall be established in administrative rules in 12 consultation with the farmer advisory committee created in 13 section 481A.10A . The administrative rules adopted pursuant 14 to this section shall not require a producer to erect or 15 maintain fencing at a cost exceeding one thousand dollars as a 16 requisite for receiving a depredation license or permit or for 17 participation in a depredation plan. 18 Sec. 346. Section 524.223, subsection 2, unnumbered 19 paragraph 1, Code 2024, is amended to read as follows: 20 If the state bank, director, officer, employee, or 21 substantial shareholder fails to appear at the hearing it shall 22 be deemed to have consented to the issuance of a cease and 23 desist order. In the event of such consent, or if upon the 24 record made at such hearing, the superintendent shall find that 25 any violation or unsafe or unsound practice specified in the 26 notice has been established, the superintendent may issue and 27 serve upon the state bank, director, officer, employee, or 28 substantial shareholder an order to cease and desist from any 29 such violation or practice. Such order may require the state 30 bank and its directors, officers, employees, and shareholders 31 to cease and desist from any such violation or practice and, 32 further, to take affirmative action to correct the conditions 33 resulting from any such violation or practice. In addition, 34 if the violation or practice involves a failure to comply with 35 -146- HF 2574.4054 (3) 90 ss/ns 146/ 237
chapter 12C or any rules adopted pursuant to chapter 12C , the 1 superintendent may recommend to the committee established under 2 section 12C.6 treasurer of state that the bank be removed from 3 the list of financial institutions eligible to accept public 4 funds under section 12C.6A and may require that during the 5 current calendar quarter and up to the next succeeding eight 6 calendar quarters that the bank do any one or more of the 7 following: 8 Sec. 347. Section 542.4, subsection 1, paragraphs a and b, 9 Code 2024, are amended to read as follows: 10 a. The board shall consist of eight five members, appointed 11 by the governor and subject to senate confirmation, all of whom 12 shall be residents of this state. Five Four of the eight five 13 members shall be holders of certificates issued under section 14 542.6 , one member shall be the holder of a license issued 15 under section 542.8 , and two one shall not be a certified 16 public accountants accountant or licensed public accountants 17 accountant and shall represent the general public. At least 18 three of the holders of certificates issued under section 19 542.6 shall also be qualified to supervise attest services as 20 provided in section 542.7 . 21 b. A certified or licensed member of the board shall be 22 actively engaged in practice as a certified public accountant 23 or as a licensed public accountant and shall have been so 24 engaged for five years preceding appointment, the last two of 25 which shall have been in this state . 26 Sec. 348. Section 542B.15, Code 2024, is amended to read as 27 follows: 28 542B.15 Examinations —— report required. 29 Examinations for licensure shall be given as often as deemed 30 necessary by the board department of inspections, appeals, 31 and licensing , but no less than one time per year. The scope 32 of the examinations and the methods of procedure shall be 33 prescribed by the board. Any examination may be given by 34 representatives of the board. The identity of the person 35 -147- HF 2574.4054 (3) 90 ss/ns 147/ 237
taking the examination shall be concealed until after the 1 examination has been graded by the department of inspections, 2 appeals, and licensing . As soon as practicable after the 3 close of each examination, a report shall be filed in the 4 office of the secretary of the board by the board department 5 of inspections, appeals, and licensing . The report shall 6 show the action of the board upon each application and the 7 secretary of the board shall notify each applicant of the 8 result of the applicant’s examination. Applicants who fail the 9 examination once shall be allowed to take the examination at 10 the next scheduled time. Thereafter, the applicant shall be 11 allowed to take the examination at the discretion of the board. 12 An applicant who has failed the examination may request in 13 writing information from the board concerning the applicant’s 14 examination grade and subject areas or questions which the 15 applicant failed to answer correctly, except that if the board 16 administers a uniform, standardized examination, the board 17 shall only be required to provide the examination grade and 18 such other information concerning the applicant’s examination 19 results which are available to the board. 20 Sec. 349. Section 543B.8, subsections 1 and 2, Code 2024, 21 are amended to read as follows: 22 1. A real estate commission is created within the department 23 of inspections, appeals, and licensing. The commission 24 consists of five four members licensed under this chapter and 25 two members one member not licensed under this chapter and who 26 shall represent the general public. Commission members shall 27 be appointed by the governor subject to confirmation by the 28 senate. 29 2. No more than one member shall be appointed from a 30 county. A commission member shall not hold any other elective 31 or appointive state or federal office. At least one of the 32 licensed members shall be a licensed real estate salesperson, 33 except that if the licensed real estate salesperson becomes 34 a licensed real estate broker during a term of office, 35 -148- HF 2574.4054 (3) 90 ss/ns 148/ 237
that person may complete the term, but is not eligible for 1 reappointment on the commission as a licensed real estate 2 salesperson. A licensed member shall be actively engaged 3 in the real estate business and shall have been so engaged 4 for five years preceding the appointment, the last two of 5 which shall have been in Iowa . Professional associations or 6 societies of real estate brokers or real estate salespersons 7 may recommend the names of potential commission members to 8 the governor. However, the governor is not bound by their 9 recommendations. A commission member shall not be required to 10 be a member of any professional association or society composed 11 of real estate brokers or salespersons. 12 Sec. 350. Section 543D.4, subsections 1 and 3, Code 2024, 13 are amended to read as follows: 14 1. A real estate appraiser examining board is established 15 within the department of inspections, appeals, and licensing. 16 The board consists of seven five members, two one of whom shall 17 be a public members member and five four of whom shall be 18 certified real estate appraisers. 19 3. A certified real estate appraiser member of the board 20 shall be actively engaged in practice as a certified real 21 estate appraiser and shall have been so engaged for five years 22 preceding appointment, the last two of which shall have been in 23 this state . The governor shall attempt to represent each class 24 of certified appraisers in making the appointments. 25 Sec. 351. Section 544A.1, subsection 2, Code 2024, is 26 amended to read as follows: 27 2. The architectural examining board is created within the 28 department of inspections, appeals, and licensing. The board 29 consists of five three members who possess a license issued 30 under section 544A.9 and who have been in active practice of 31 architecture for not less than five years, the last two of 32 which shall have been in Iowa , and two members one member who 33 do does not possess a license issued under section 544A.9 34 and who shall represent the general public. Members shall 35 -149- HF 2574.4054 (3) 90 ss/ns 149/ 237
be appointed by the governor subject to confirmation by the 1 senate. 2 Sec. 352. Section 602.1401, subsection 3, paragraph b, Code 3 2024, is amended to read as follows: 4 b. For purposes of chapter 20 , the certified representative, 5 which on July 1, 1983, represents employees who become judicial 6 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 7 remain the certified representative when the employees become 8 judicial branch employees and thereafter, unless the public 9 employee organization is not retained and recertified or is 10 decertified in an election held under section 20.15 or amended 11 or absorbed into another certified organization pursuant to 12 chapter 20 . Collective bargaining negotiations shall be 13 conducted on a statewide basis and the certified employee 14 organizations which engage in bargaining shall negotiate on a 15 statewide basis, although bargaining units shall be organized 16 by judicial district. The public employment relations appeal 17 board shall adopt rules pursuant to chapter 17A to implement 18 this subsection . 19 Sec. 353. Section 904.103, Code 2024, is amended by adding 20 the following new subsections: 21 NEW SUBSECTION . 5. Policies for the operation and conduct 22 of the department and the implementation of all department 23 programs. 24 NEW SUBSECTION . 6. Adoption of rules in accordance with 25 chapter 17A as necessary to transact its business and for the 26 administration and exercise of its powers and duties. 27 NEW SUBSECTION . 7. The approval of the locations for all 28 state institutions which are penal, reformatory, or corrective. 29 Sec. 354. Section 904.105, subsections 2, 5, 7, and 9, Code 30 2024, are amended to read as follows: 31 2. Adopt and establish Provide advice and recommendations 32 to the department regarding policies for the operation and 33 conduct of the department and the implementation of all 34 department programs. 35 -150- HF 2574.4054 (3) 90 ss/ns 150/ 237
5. Approve Provide advice and recommendations to the 1 department regarding the budget of the department prior to 2 submission to the governor. 3 7. Adopt rules in accordance with chapter 17A as the board 4 deems Provide advice and recommendations to the department 5 regarding rules necessary to transact its business and for the 6 administration and exercise of its powers and duties. 7 9. Approve Provide advice and recommendations regarding 8 the locations for all state institutions which are penal, 9 reformatory, or corrective. 10 Sec. 355. Section 904.105, subsection 3, Code 2024, is 11 amended by striking the subsection. 12 Sec. 356. Section 904.802, subsection 1, Code 2024, is 13 amended by striking the subsection. 14 Sec. 357. Section 904.802, subsection 2, Code 2024, is 15 amended to read as follows: 16 2. “Iowa state industries” means prison industries that 17 are established and maintained by the Iowa department of 18 corrections , in consultation with the industries board, at or 19 adjacent to the state’s adult correctional institutions, except 20 that an inmate work program established by the state director 21 under section 904.703 is not restricted to industries at or 22 adjacent to the institutions. 23 Sec. 358. Section 904.804, Code 2024, is amended to read as 24 follows: 25 904.804 Duties of industries board department —— state 26 industries . 27 The industries board’s principal duties department shall be 28 to promulgate and adopt rules and to advise the state director 29 regarding the management of Iowa state industries so as to 30 further the intent stated by section 904.801 . 31 Sec. 359. Section 904.805, unnumbered paragraph 1, Code 32 2024, is amended to read as follows: 33 The state director , with the advice of the industries board, 34 shall: 35 -151- HF 2574.4054 (3) 90 ss/ns 151/ 237
Sec. 360. Section 904.806, Code 2024, is amended to read as 1 follows: 2 904.806 Authority of state director not impaired. 3 Nothing in this subchapter shall be construed to impair the 4 authority of the state director over the adult correctional 5 institutions of this state, nor over the inmates thereof. It 6 is, however, the duty of the state director to obtain the 7 advice of the industries board to further the intent stated by 8 section 904.801 . 9 Sec. 361. Section 904.809, subsection 1, paragraph a, Code 10 2024, is amended to read as follows: 11 a. The state director and the industries board shall comply 12 with the intent of section 904.801 . 13 Sec. 362. Section 904.809, subsection 2, paragraph a, Code 14 2024, is amended to read as follows: 15 a. Any other provision of the Code to the contrary 16 notwithstanding, the state director may , after obtaining the 17 advice of the industries board, lease one or more buildings or 18 portions thereof on the grounds of any state adult correctional 19 institution, together with the real estate needed for 20 reasonable access to and egress from the leased buildings, for 21 a term not to exceed twenty years, to a private corporation for 22 the purpose of establishing and operating a factory for the 23 manufacture and processing of products, or any other commercial 24 enterprise deemed by the state director to be consistent with 25 the intent stated in section 904.801 . 26 Sec. 363. Section 904.809, subsection 2, paragraph b, 27 subparagraph (1), Code 2024, is amended to read as follows: 28 (1) Persons working in the factory or other commercial 29 enterprise operated in the leased property, except the lessee’s 30 supervisory employees and necessary support personnel approved 31 by the industries board state director , shall be inmates of 32 the institution where the leased property is located who are 33 approved for such work by the state director and the lessee. 34 Sec. 364. Section 904.809, subsection 3, Code 2024, is 35 -152- HF 2574.4054 (3) 90 ss/ns 152/ 237
amended to read as follows: 1 3. The state director with the advice of the prison 2 industries advisory board may provide an inmate workforce to 3 private industry. Under the program inmates will be employees 4 of a private business. 5 Sec. 365. Section 904.813, subsection 2, paragraph a, 6 subparagraphs (1), (2), and (3), Code 2024, are amended to read 7 as follows: 8 (1) Establishment, maintenance, transfer, or closure of 9 industrial operations, or vocational, technical, and related 10 training facilities and services for inmates as authorized by 11 the state director in consultation with the industries board . 12 (2) Payment of all costs incurred by the industries board, 13 including but not limited to per diem and expenses of its 14 members, and of salaries, allowances, support, and maintenance 15 of Iowa state industries. 16 (3) (2) Direct purchases from vendors of raw materials 17 and capital items used for the manufacturing processes of Iowa 18 state industries, in accordance with rules which meet state 19 bidding requirements. The rules shall be adopted by the state 20 director in consultation with the industries board . 21 Sec. 366. Section 904.814, Code 2024, is amended to read as 22 follows: 23 904.814 Inmate allowance supplement revolving fund. 24 There is established in the treasury of the state a permanent 25 adult correctional institutions inmate allowance supplement 26 revolving fund, consisting solely of money paid as board and 27 maintenance by inmates working in Iowa state industries, or 28 working pursuant to section 904.809 . The fund established 29 by this section may be used to supplement the allowances 30 of inmates who perform other institutional work within and 31 about the adult correctional institutions including those 32 who are working in Iowa state industries. Payments made 33 from the fund shall supplement and not replace all or any 34 part of the allowances otherwise received by, and shall be 35 -153- HF 2574.4054 (3) 90 ss/ns 153/ 237
equably distributed among such inmates. The work of inmates 1 in other institutional or industry work shall, to the greatest 2 extent feasible, be in accord with the intent stated in 3 section 904.801 . The fund may also be used to supplement 4 other rehabilitation activities within the adult correctional 5 institutions. Determination of the use of the funds is the 6 responsibility of the state director who shall first seek the 7 advice of the prison industries advisory board . 8 Sec. 367. Section 904.909, Code 2024, is amended to read as 9 follows: 10 904.909 Work release and OWI violators —— reimbursement to 11 department for transportation costs. 12 The department of corrections shall arrange for the return 13 of a work release client, or offender convicted of violating 14 chapter 321J , who escapes from the facility to which the 15 client is assigned or violates the conditions of supervision. 16 The client or offender shall reimburse the department of 17 corrections for the cost of transportation incurred because 18 of the escape or violation. The amount of reimbursement 19 shall be the actual cost incurred by the department and shall 20 be credited to the support account from which the billing 21 occurred. The director of the department of corrections 22 shall recommend adopt rules pursuant to chapter 17A , subject 23 to approval by the board of corrections pursuant to section 24 904.105, subsection 7 , to implement this section . 25 Sec. 368. Section 915.82, subsection 2, Code 2024, is 26 amended to read as follows: 27 2. The board department shall adopt rules pursuant to 28 chapter 17A relating to program policies and procedures. 29 Sec. 369. 2023 Iowa Acts, chapter 19, section 2795, 30 subsection 3, paragraphs b and c, are amended to read as 31 follows: 32 b. The following are range 4 positions: chairperson and 33 members of the employment appeal board of the department of 34 inspections, appeals, and licensing, director of the Iowa 35 -154- HF 2574.4054 (3) 90 ss/ns 154/ 237
state office of civil rights commission , director of the 1 department for the blind, executive director of the ethics 2 and campaign disclosure board, executive director of the Iowa 3 public information board, and chairperson, vice chairperson, 4 and members of the board of parole. 5 c. The following are range 5 positions: state public 6 defender, labor commissioner, workers’ compensation 7 commissioner, and director of the law enforcement academy , and 8 executive director of the public employment relations board . 9 Sec. 370. REPEAL. Chapters 28B and 473A, Code 2024, are 10 repealed. 11 Sec. 371. REPEAL. Sections 7D.15, 8A.616, 15.117, 15.480, 12 15F.102, 20.5, 80E.2, 100C.10, 135.109, 135.173A, 147.16, 13 153.33A, 154A.7, 155A.2A, 170.2, 190C.2, 190C.2A, 203.11B, 14 206.23A, 206.23B, 237A.23, 252B.22, 256.15, 256.31, 256I.12, 15 273.15, 312.3C, 312.3D, 328.13, 423.9A, 455B.150, 455B.151, 16 461A.79, 461A.80, 465C.3, 465C.4, 465C.5, 465C.6, 465C.7, 17 466B.31, 475A.7, 481A.10A, 691.6B, 904.803, and 907B.3, Code 18 2024, are repealed. 19 Sec. 372. CODE EDITOR DIRECTIVE —— TERMINOLOGY CHANGES. 20 1. The Code editor is directed to change all references to 21 the “board of directors of the Iowa lottery” created in section 22 99G.8 to the “Iowa lottery commission” and all references to 23 “board” when referring to the board of directors of the Iowa 24 lottery created in section 99G.8 to “commission” wherever they 25 appear in the Code. 26 2. The Code editor is directed to change all references 27 to the “Iowa utilities board” created in section 474.1 to the 28 “Iowa utilities commission”, all references to “utilities 29 board” when referring to the Iowa utilities board created in 30 section 474.1 to “utilities commission”, and all references to 31 “board” when referring to the Iowa utilities board created in 32 section 474.1 to “commission” wherever they appear in the Code. 33 3. The Code editor is directed to make changes in any Code 34 sections or other noncodified enactments amended or enacted 35 -155- HF 2574.4054 (3) 90 ss/ns 155/ 237
by any other Act to correspond with the changes made in this 1 Act if there appears to be no doubt as to the proper method of 2 making the changes and the changes would not be contrary to or 3 inconsistent with the purposes of this Act or any other Act. 4 Sec. 373. CERTIFICATE OF NEED PROCESS —— STUDY. The 5 department of health and human services, in consultation with 6 the department of inspections, appeals, and licensing, and with 7 the assistance of other interested parties, shall conduct a 8 study of the effectiveness of the existing certificate of need 9 process and shall make findings and recommendations related to 10 the continuation of the process or the implementation of a less 11 restrictive alternative. The department of health and human 12 services shall submit a report, including its findings and 13 recommendations, to the governor and the general assembly by 14 December 31, 2025. 15 DIVISION X 16 PUBLIC OFFICERS AND EMPLOYEES 17 Sec. 374. Section 69.15, subsection 1, unnumbered paragraph 18 1, Code 2024, is amended to read as follows: 19 Any person who has been appointed by the governor to any 20 board under the laws of this state shall be deemed to have 21 submitted a resignation from such office if either any of the 22 following events occurs: 23 Sec. 375. Section 69.15, subsection 1, Code 2024, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . c. Sufficient grounds exist that would 26 otherwise subject the person to removal by the executive 27 council pursuant to section 66.26. 28 Sec. 376. Section 69.15, subsection 2, Code 2024, is amended 29 to read as follows: 30 2. If With respect to subsection 1, paragraphs “a” and “b” , 31 if such person received no notice and had no knowledge of a 32 regular meeting and gives the governor a sworn statement to 33 that effect within ten days after the person learns of the 34 meeting, such meeting shall not be counted for the purposes of 35 -156- HF 2574.4054 (3) 90 ss/ns 156/ 237
this section . 1 DIVISION XI 2 COUNCIL ON HEALTH AND HUMAN SERVICES 3 Sec. 377. Section 125.7, Code 2024, is amended to read as 4 follows: 5 125.7 Duties of the council. 6 The council shall: 7 1. Approve Make recommendations to the department regarding 8 the comprehensive substance use disorder program, developed by 9 the department pursuant to sections 125.1 through 125.3 , this 10 section , and sections 125.9 , 125.10 , 125.12 through 125.21 , 11 125.25 , 125.32 through 125.34 , and 125.37 through 125.43 . 12 2. Advise the department on policies governing the 13 performance of the department in the discharge of any duties 14 imposed on the department by law. 15 3. Advise or make recommendations to the governor and the 16 general assembly relative to substance use disorder treatment, 17 intervention, education, and prevention programs in this state. 18 4. Adopt rules for subsections 1 and 6 and review other 19 rules necessary to carry out the provisions of this chapter , 20 subject to review in accordance with chapter 17A . 21 5. 4. Investigate the work of the department relating to 22 substance use disorder, and for this purpose the council shall 23 have access at any time to all books, papers, documents, and 24 records of the department. 25 6. 5. Consider and approve or disapprove make 26 recommendations to the department regarding the approval or 27 disapproval of all applications for a license and all cases 28 involving the renewal, denial, suspension, or revocation of a 29 license. 30 7. Act as the appeal board regarding funding decisions made 31 by the department. 32 Sec. 378. Section 125.10, subsections 1 and 11, Code 2024, 33 are amended to read as follows: 34 1. Prepare and submit a state plan subject to approval 35 -157- HF 2574.4054 (3) 90 ss/ns 157/ 237
by the council and in accordance with 42 U.S.C. §300x-21 et 1 seq. The state plan shall designate the department as the sole 2 agency for supervising the administration of the plan. 3 11. Develop and implement, with the counsel and approval 4 advice of the council, the comprehensive plan for treatment of 5 persons with a substance use disorder in accordance with this 6 chapter . 7 Sec. 379. Section 125.12, subsection 1, Code 2024, is 8 amended to read as follows: 9 1. The council shall review the comprehensive substance 10 use disorder program implemented by the department for 11 the treatment of persons with a substance use disorder and 12 concerned family members. Subject to Based on the review 13 of the council, the council shall make recommendations to 14 the director, and the director shall divide the state into 15 appropriate regions for the conduct of the program and 16 establish standards for the development of the program on the 17 regional level. In establishing the regions, consideration 18 shall be given to city and county lines, population 19 concentrations, and existing substance use disorder treatment 20 services. 21 Sec. 380. Section 125.13, subsection 2, paragraphs a, b, i, 22 and j, Code 2024, are amended to read as follows: 23 a. A hospital providing care or treatment to persons with 24 a substance use disorder licensed under chapter 135B which is 25 accredited by the joint commission on the accreditation of 26 health care organizations, the commission on accreditation 27 of rehabilitation facilities, the American osteopathic 28 association, or another recognized organization approved by the 29 council department . All survey reports from the accrediting or 30 licensing body must be sent to the department. 31 b. Any practitioner of medicine and surgery or osteopathic 32 medicine and surgery, in the practitioner’s private practice. 33 However, a program shall not be exempted from licensing by the 34 council department by virtue of its utilization of the services 35 -158- HF 2574.4054 (3) 90 ss/ns 158/ 237
of a medical practitioner in its operation. 1 i. A substance use disorder treatment program not funded 2 by the department which is accredited or licensed by the joint 3 commission on the accreditation of health care organizations, 4 the commission on the accreditation of rehabilitation 5 facilities, the American osteopathic association, or another 6 recognized organization approved by the council department . 7 All survey reports from the accrediting or licensing body must 8 be sent to the department. 9 j. A hospital substance use disorder treatment program 10 that is accredited or licensed by the joint commission on the 11 accreditation of health care organizations, the commission on 12 the accreditation of rehabilitation facilities, the American 13 osteopathic association, or another recognized organization 14 approved by the council department . All survey reports for 15 the hospital substance use disorder treatment program from the 16 accrediting or licensing body shall be sent to the department. 17 Sec. 381. Section 125.14, Code 2024, is amended to read as 18 follows: 19 125.14 Licenses —— renewal —— fees. 20 The council department shall consider all cases involving 21 initial issuance, and renewal, denial, suspension, or 22 revocation of a license. The department shall issue a license 23 to an applicant whom the council department determines meets 24 the licensing requirements of this chapter . Licenses shall 25 expire no later than three years from the date of issuance 26 and shall be renewed upon timely application made in the same 27 manner as for initial issuance of a license unless notice of 28 nonrenewal is given to the licensee at least thirty days prior 29 to the expiration of the license. The department shall not 30 charge a fee for licensing or renewal of programs contracting 31 with the department for provision of treatment services. A fee 32 may be charged to other licensees. 33 Sec. 382. Section 125.15A, subsection 1, paragraph b, Code 34 2024, is amended to read as follows: 35 -159- HF 2574.4054 (3) 90 ss/ns 159/ 237
b. The council department has suspended, revoked, or refused 1 to renew the existing license of the program. 2 Sec. 383. Section 125.16, Code 2024, is amended to read as 3 follows: 4 125.16 Transfer of license or change of location prohibited. 5 A license issued under this chapter may not be transferred, 6 and the location of the physical facilities occupied or 7 utilized by any program licensed under this chapter shall not 8 be changed without the prior written consent of the council 9 department . 10 Sec. 384. Section 125.17, Code 2024, is amended to read as 11 follows: 12 125.17 License suspension or revocation. 13 Violation of any of the requirements or restrictions 14 of this chapter or of any of the rules adopted pursuant to 15 this chapter is cause for suspension, revocation, or refusal 16 to renew a license. The director shall at the earliest 17 time feasible notify a licensee whose license the council 18 department is considering suspending or revoking and shall 19 inform the licensee what changes must be made in the licensee’s 20 operation to avoid such action. The licensee shall be 21 given a reasonable time for compliance, as determined by the 22 director, after receiving such notice or a notice that the 23 council department does not intend to renew the license. When 24 the licensee believes compliance has been achieved, or if 25 the licensee considers the proposed suspension, revocation, 26 or refusal to renew unjustified, the licensee may submit 27 pertinent information to the council department and the council 28 department shall expeditiously make a decision in the matter 29 and notify the licensee of the decision. 30 Sec. 385. Section 125.18, Code 2024, is amended to read as 31 follows: 32 125.18 Hearing before council department . 33 If a licensee under this chapter makes a written request 34 for a hearing within thirty days of suspension, revocation, 35 -160- HF 2574.4054 (3) 90 ss/ns 160/ 237
or refusal to renew a license, a hearing before the council 1 department shall be expeditiously arranged by the department of 2 inspections, appeals, and licensing whose decision is subject 3 to review by the council department . The council department 4 shall issue a written statement of the council’s department’s 5 findings within thirty days after conclusion of the hearing 6 upholding or reversing the proposed suspension, revocation, 7 or refusal to renew a license. Action involving suspension, 8 revocation, or refusal to renew a license shall not be taken 9 by the council unless a quorum is present at the meeting. A 10 copy of the council’s department’s decision shall be promptly 11 transmitted to the affected licensee who may, if aggrieved 12 by the decision, seek judicial review of the actions of the 13 council department in accordance with the terms of chapter 17A . 14 Sec. 386. Section 125.19, Code 2024, is amended to read as 15 follows: 16 125.19 Reissuance or reinstatement. 17 After suspension, revocation, or refusal to renew a license 18 pursuant to this chapter , the affected licensee shall not have 19 the license reissued or reinstated within one year of the 20 effective date of the suspension, revocation, or expiration 21 upon refusal to renew, unless the council department orders 22 otherwise. After that time, proof of compliance with the 23 requirements and restrictions of this chapter and the rules 24 adopted pursuant to this chapter must be presented to the 25 council department prior to reinstatement or reissuance of a 26 license. 27 Sec. 387. Section 125.21, subsection 1, Code 2024, is 28 amended to read as follows: 29 1. The council department has exclusive power in this state 30 to approve and license chemical substitutes and antagonists 31 programs, and to monitor chemical substitutes and antagonists 32 programs to ensure that the programs are operating within the 33 rules adopted pursuant to this chapter . The council department 34 shall grant approval and license if the requirements of the 35 -161- HF 2574.4054 (3) 90 ss/ns 161/ 237
rules are met and state funding is not requested. The chemical 1 substitutes and antagonists programs conducted by persons 2 exempt from the licensing requirements of this chapter pursuant 3 to section 125.13, subsection 2 , are subject to approval and 4 licensure under this section . 5 Sec. 388. Section 125.43A, Code 2024, is amended to read as 6 follows: 7 125.43A Prescreening —— exception. 8 Except in cases of medical emergency or court-ordered 9 admissions, a person shall be admitted to a state mental health 10 institute for treatment of a substance use disorder only after 11 a preliminary intake and assessment by a department-licensed 12 treatment facility or a hospital providing care or treatment 13 for persons with a substance use disorder licensed under 14 chapter 135B and accredited by the joint commission on the 15 accreditation of health care organizations, the commission 16 on accreditation of rehabilitation facilities, the American 17 osteopathic association, or another recognized organization 18 approved by the council department , or by a designee of a 19 department-licensed treatment facility or a hospital other 20 than a state mental health institute, which confirms that the 21 admission is appropriate to the person’s substance use disorder 22 service needs. A county board of supervisors may seek an 23 admission of a patient to a state mental health institute who 24 has not been confirmed for appropriate admission and the county 25 shall be responsible for one hundred percent of the cost of 26 treatment and services of the patient. 27 Sec. 389. Section 125.58, subsection 1, Code 2024, is 28 amended to read as follows: 29 1. If the department has probable cause to believe that 30 an institution, place, building, or agency not licensed 31 as a substance use disorder treatment and rehabilitation 32 facility is in fact a substance use disorder treatment and 33 rehabilitation facility as defined by this chapter , and 34 is not exempt from licensing by section 125.13, subsection 35 -162- HF 2574.4054 (3) 90 ss/ns 162/ 237
2 , the council department may order an inspection of the 1 institution, place, building, or agency. If the inspector 2 upon presenting proper identification is denied entry for the 3 purpose of making the inspection, the inspector may, with 4 the assistance of the county attorney of the county in which 5 the premises are located, apply to the district court for an 6 order requiring the owner or occupant to permit entry and 7 inspection of the premises to determine whether there have been 8 violations of this chapter . The investigation may include 9 review of records, reports, and documents maintained by the 10 facility and interviews with staff members consistent with the 11 confidentiality safeguards of state and federal law. 12 Sec. 390. Section 135.141, subsection 2, paragraph i, Code 13 2024, is amended to read as follows: 14 i. Adopt rules pursuant to chapter 17A for the 15 administration of this subchapter including rules adopted in 16 cooperation with the Iowa pharmacy association and the Iowa 17 hospital association for the development of a surveillance 18 system to monitor supplies of drugs, antidotes, and vaccines to 19 assist in detecting a potential public health disaster. Prior 20 to adoption, the rules shall be approved by the council on 21 health and human services and the director of the department of 22 homeland security and emergency management. 23 Sec. 391. Section 135A.8, subsection 4, Code 2024, is 24 amended to read as follows: 25 4. A local board of health seeking matching funds or grants 26 under this section shall apply to the department. The council 27 on health and human services department shall adopt rules 28 concerning the application and award process for the allocation 29 of moneys in the fund and shall establish the criteria for the 30 allocation of moneys in the fund if the moneys are insufficient 31 to meet the needs of local boards of health. 32 Sec. 392. Section 135A.9, unnumbered paragraph 1, Code 33 2024, is amended to read as follows: 34 The council on health and human services department shall 35 -163- HF 2574.4054 (3) 90 ss/ns 163/ 237
adopt rules pursuant to chapter 17A to implement this chapter 1 which shall include but are not limited to the following: 2 Sec. 393. Section 135B.7, subsection 1, paragraph a, Code 3 2024, is amended to read as follows: 4 a. The department , with the approval of the council on 5 health and human services, shall adopt rules setting out the 6 standards for the different types of hospitals and for rural 7 emergency hospitals to be licensed under this chapter . The 8 department shall enforce the rules. 9 Sec. 394. Section 135C.14, unnumbered paragraph 1, Code 10 2024, is amended to read as follows: 11 The department shall, in accordance with chapter 17A and 12 with the approval of the council on health and human services , 13 adopt and enforce rules setting minimum standards for health 14 care facilities. In so doing, the department , with the 15 approval of the council on health and human services, may 16 adopt by reference, with or without amendment, nationally 17 recognized standards and rules, which shall be specified by 18 title and edition, date of publication, or similar information. 19 The rules and standards required by this section shall be 20 formulated in consultation with the director of health and 21 human services or the director of health and human services’ 22 designee, with the director, and with affected industry, 23 professional, and consumer groups, and shall be designed to 24 further the accomplishment of the purposes of this chapter and 25 shall relate to: 26 Sec. 395. Section 135J.7, Code 2024, is amended to read as 27 follows: 28 135J.7 Rules. 29 Except as otherwise provided in this chapter , the department 30 shall adopt rules pursuant to chapter 17A necessary to 31 implement this chapter , subject to approval of the council 32 on health and human services . Formulation of the rules 33 shall include consultation with Iowa hospice organization 34 representatives and other persons affected by this chapter . 35 -164- HF 2574.4054 (3) 90 ss/ns 164/ 237
Sec. 396. Section 135R.4, subsection 1, Code 2024, is 1 amended to read as follows: 2 1. The department, with the advice and approval of the 3 council on health and human services, shall adopt rules 4 specifying the standards for ambulatory surgical centers to be 5 licensed under this chapter . The rules shall be consistent 6 with and shall not exceed the requirements of this chapter and 7 the conditions for coverage in the federal Medicare program for 8 ambulatory surgical centers under 42 C.F.R. pt. 416 . 9 Sec. 397. Section 137.104, subsection 1, paragraph b, 10 unnumbered paragraph 1, Code 2024, is amended to read as 11 follows: 12 Make and enforce such reasonable rules and regulations not 13 inconsistent with law and the rules of the council department 14 as may be necessary for the protection and improvement of the 15 public health. 16 Sec. 398. Section 137.105, subsection 1, paragraph f, Code 17 2024, is amended to read as follows: 18 f. A local board of health member shall serve without 19 compensation, but may be reimbursed for necessary expenses in 20 accordance with rules established by the council department or 21 the applicable jurisdiction. 22 Sec. 399. Section 137.107, Code 2024, is amended to read as 23 follows: 24 137.107 Request reviewed by state department. 25 The state department shall review requests submitted 26 pursuant to section 137.106 . The state department, upon 27 finding that all required elements are present, shall present 28 findings to the council. The council may approve the formation 29 of a district board and if the formation is approved, shall 30 notify the county boards from whom the request was received. 31 Sec. 400. Section 137.114, Code 2024, is amended to read as 32 follows: 33 137.114 Withdrawal from district. 34 A county may withdraw from an existing district board upon 35 -165- HF 2574.4054 (3) 90 ss/ns 165/ 237
submission of a request for withdrawal to and approval by 1 the state department. The request shall include a plan to 2 reform its county board or join a different district board, 3 information specified in section 137.106 , and approval of the 4 request by the district board and, at the recommendation of 5 the state department, the council . Any county choosing to 6 withdraw from the district board shall commit to the continuity 7 of services in its county by reestablishing its county 8 board or joining a different district board. The remaining 9 counties in the district shall submit an application including 10 the information specified in section 137.106 to the state 11 department for review as provided in section 137.107 . 12 Sec. 401. Section 137.119, Code 2024, is amended to read as 13 follows: 14 137.119 Adoption of rules. 15 The council department shall adopt rules to implement this 16 chapter . The department is vested with discretionary authority 17 to interpret the provisions of this chapter . 18 Sec. 402. Section 139A.8, subsection 3, Code 2024, is 19 amended to read as follows: 20 3. Subject to the provision of subsection 4 , the council on 21 health and human services department may modify or delete any 22 of the immunizations in subsection 2 . 23 Sec. 403. Section 139A.8, subsection 4, paragraph b, Code 24 2024, is amended to read as follows: 25 b. The exemptions under this subsection do not apply in 26 times of emergency or epidemic as determined by the council on 27 health and human services and as declared by the director of 28 health and human services . 29 Sec. 404. Section 139A.9, Code 2024, is amended to read as 30 follows: 31 139A.9 Forcible removal —— isolation —— quarantine. 32 The forcible removal and isolation or quarantine of any 33 infected person shall be accomplished according to the rules 34 and regulations of the local board or the rules of the council 35 -166- HF 2574.4054 (3) 90 ss/ns 166/ 237
on health and human services department . 1 Sec. 405. Section 141A.2, subsection 6, Code 2024, is 2 amended to read as follows: 3 6. The department , with the approval of the council 4 on health and human services, may conduct epidemiological 5 blinded and nonblinded studies to determine the incidence 6 and prevalence of HIV infection. Initiation of any new 7 epidemiological studies shall be contingent upon the receipt 8 of funding sufficient to cover all the costs associated with 9 the studies. The informed consent, reporting, and counseling 10 requirements of this chapter shall not apply to blinded 11 studies. 12 Sec. 406. Section 217.2, subsection 1, paragraph a, Code 13 2024, is amended to read as follows: 14 a. There is created within the department a council on 15 health and human services which shall act in a policymaking and 16 an advisory capacity on matters within the jurisdiction of the 17 department. The council shall consist of nine voting members 18 appointed by the governor subject to confirmation by the 19 senate. Appointments shall be made on the basis of interest 20 in public affairs, good judgment, and knowledge and ability in 21 the field of health and human services. Appointments shall 22 be made to provide a diversity of interest and point of view 23 in the membership and without regard to religious opinions or 24 affiliations. The voting members of the council shall serve 25 for six-year staggered terms. 26 Sec. 407. Section 217.3, Code 2024, is amended to read as 27 follows: 28 217.3 Duties of council. 29 The council shall: 30 1. Organize annually and select a chairperson and vice 31 chairperson. 32 2. Adopt and establish policy for the operation and Advise 33 the department on conduct of the department , subject to any 34 guidelines which may be adopted by the general assembly, and 35 -167- HF 2574.4054 (3) 90 ss/ns 167/ 237
the implementation of all services and programs administered 1 by the department. 2 3. Report immediately to the governor any failure by 3 the department to carry out any of the policy decisions or 4 directives of the council department . 5 4. Approve Advise and make recommendations to the 6 department on the budget of the department prior to submission 7 to the governor. Prior to approval of making recommendations 8 on the budget, the council shall publicize and hold a public 9 hearing to provide explanations and hear questions, opinions, 10 and suggestions regarding the budget. Invitations to the 11 hearing shall be extended to the governor, the governor-elect, 12 the director of the department of management, and other persons 13 deemed by the council as integral to the budget process. The 14 budget materials submitted to the governor shall include a 15 review of options recommendations for revising the medical 16 assistance program made available by federal action or by 17 actions implemented by other states as identified by the 18 department, the medical assistance advisory council created in 19 section 249A.4B , and by county representatives. The review 20 shall address what potential revisions could be made in this 21 state and how the changes would be beneficial to Iowans. 22 5. Insure Make recommendations to the department to ensure 23 that all programs administered or services rendered by the 24 department directly to any citizen or through a local agency 25 to any citizen are coordinated and integrated so that any 26 citizen does not receive a duplication of services from various 27 departments or local agencies that could be rendered by one 28 department or local agency. If the council finds that such 29 is not the case, it shall hear and determine which department 30 or local agency shall provide the needed service or services 31 and enter an order of their determination by resolution of 32 the council which must be concurred in by at least a majority 33 of the members. Thereafter such order or resolution of the 34 council shall be obeyed by all state departments and local 35 -168- HF 2574.4054 (3) 90 ss/ns 168/ 237
agencies to which it is directed. 1 6. Adopt all necessary rules recommended by the department 2 prior to their promulgation pursuant to chapter 17A . 3 7. 6. Recommend to the governor the names of individuals 4 qualified for the position of director when a vacancy exists 5 in the office. 6 Sec. 408. Section 217.3A, Code 2024, is amended to read as 7 follows: 8 217.3A Advisory committees. 9 The council may establish and utilize other ad hoc 10 advisory committees as determined necessary to advise the 11 council related to the subject matter under the purview 12 of the department, including but not limited to child and 13 family services, behavioral health, public health, and the 14 department’s interactions with the juvenile justice system . 15 The council shall establish appointment provisions, membership 16 terms, operating guidelines, and other operational requirements 17 for committees established pursuant to this section . 18 Sec. 409. Section 217.6, Code 2024, is amended to read as 19 follows: 20 217.6 Rules and regulations —— organization of department. 21 1. The director may recommend submit to the council for 22 adoption review and recommendation, rules and regulations 23 necessary to administer the duties, functions, and programs 24 of the department. Any action taken, decision made, or 25 administrative rule adopted may be reviewed by the director. 26 The director, upon may consider such review, may affirm, 27 modify, or reverse any such action, decision, or rule 28 recommendations in adopting rules for the department . 29 2. The rules and regulations adopted for the public benefits 30 and programs administered by the department shall apply the 31 residency eligibility restrictions required by federal and 32 state law. 33 3. The director shall organize the department into subunits 34 as necessary to most efficiently carry out the intent of this 35 -169- HF 2574.4054 (3) 90 ss/ns 169/ 237
chapter and any other chapter the department is responsible for 1 administering. 2 4. If the department requires or requests a service 3 consumer, service provider, or other person to maintain 4 required documentation in electronic form, the department shall 5 accept such documentation submitted by electronic means and 6 shall not require a physical copy of the documentation unless 7 required by state or federal law. 8 Sec. 410. Section 218.4, subsections 1 and 2, Code 2024, are 9 amended to read as follows: 10 1. The department shall recommend to the council for 11 adoption adopt rules not inconsistent with law as necessary 12 for the management of the institutions and the admission, 13 treatment, care, custody, education and discharge of residents. 14 It is the duty of the department to establish rules by which 15 danger to life and property from fire will be minimized. The 16 department may require any appointees to perform duties in 17 addition to those required by statute. 18 2. Rules adopted by the council department pursuant 19 to chapter 17A shall be uniform and shall apply to all 20 institutions under the department’s jurisdiction. The primary 21 rules for use in institutions where persons with mental illness 22 are served shall, unless otherwise indicated, uniformly apply 23 to county or private hospitals in which persons with mental 24 illness are served, but the rules shall not interfere with 25 proper medical treatment administered to such persons by 26 competent physicians. Annually, signed copies of the rules 27 shall be sent to the superintendent of each institution. 28 Copies shall also be sent to the clerk of each district court, 29 the chairperson of the board of supervisors of each county and, 30 as appropriate, to the officer in charge of institutions or 31 hospitals caring for persons with mental illness in each county 32 who shall be responsible for seeing that the rules are posted 33 in each institution or hospital in a prominent place. The 34 rules shall be kept current to meet the public need and shall 35 -170- HF 2574.4054 (3) 90 ss/ns 170/ 237
be revised and published annually. 1 Sec. 411. Section 222.1, subsection 2, Code 2024, is amended 2 to read as follows: 3 2. The Glenwood state resource center and the Woodward 4 state resource center are established and shall be maintained 5 as the state’s regional resource centers for the purpose of 6 providing treatment, training, instruction, care, habilitation, 7 and support of persons with an intellectual disability or other 8 disabilities in this state, and providing facilities, services, 9 and other support to the communities located in the region 10 being served by a state resource center. In addition, the 11 state resource centers are encouraged to serve as a training 12 resource for community-based program staff, medical students, 13 and other participants in professional education programs. 14 A resource center may request the approval of the council 15 department to change the name of the resource center for use in 16 communication with the public, in signage, and in other forms 17 of communication. 18 Sec. 412. Section 222.2, Code 2024, is amended to read as 19 follows: 20 222.2 Definitions. 21 When used in this chapter , unless the context otherwise 22 requires: 23 1. “Auditor” means the county auditor or the auditor’s 24 designee. 25 2. “Council” means the council on health and human services. 26 3. 2. “Department” means the department of health and human 27 services. 28 4. 3. “Director” means the director of health and human 29 services. 30 5. 4. “Intellectual disability” means the same as defined 31 in section 4.1 . 32 6. 5. “Mental health and disability services region” means 33 a mental health and disability services region formed in 34 accordance with section 225C.56 . 35 -171- HF 2574.4054 (3) 90 ss/ns 171/ 237
7. 6. “Regional administrator” means the regional 1 administrator of a mental health and disability services 2 region, as defined in section 225C.55 . 3 8. 7. “Special unit” means a special intellectual 4 disability unit established at a state mental health institute 5 pursuant to sections 222.88 through 222.91 . 6 9. 8. “State resource centers” or “resource centers” means 7 the Glenwood state resource center and the Woodward state 8 resource center. 9 10. 9. “Superintendents” means the superintendents of the 10 state resource centers. 11 Sec. 413. Section 225.33, Code 2024, is amended to read as 12 follows: 13 225.33 Death of patient —— disposal of body. 14 When a committed public patient or a voluntary public 15 patient or a committed private patient dies while at the state 16 psychiatric hospital or at the university hospital, the state 17 psychiatric hospital shall have the body prepared for shipment 18 in accordance with the rules prescribed by the council on 19 department of health and human services for shipping such 20 bodies. It is the duty of the state board of regents to make 21 arrangements for the embalming and such other preparation as 22 necessary to comply with the rules and for the purchase of 23 suitable caskets. 24 Sec. 414. Section 225C.49, subsection 1, unnumbered 25 paragraph 1, Code 2024, is amended to read as follows: 26 The department shall provide coordination of the programs 27 administered by the department which serve individuals with a 28 disability and the individuals’ families, including but not 29 limited to the following juvenile justice and child welfare 30 services: family-centered services described under section 31 232.102 , decategorization of child welfare funding provided 32 for under section 232.188 , and foster care services paid under 33 section 234.35, subsection 3 . The department shall regularly 34 review administrative rules associated with such programs and 35 -172- HF 2574.4054 (3) 90 ss/ns 172/ 237
make recommendations to the council, governor , and general 1 assembly for revisions to remove barriers to the programs for 2 individuals with a disability and the individuals’ families 3 including the following: 4 Sec. 415. Section 226.1, subsections 3 and 4, Code 2024, are 5 amended to read as follows: 6 3. A mental health institute may request the approval of the 7 council department to change the name of the institution for 8 use in communication with the public, in signage, and in other 9 forms of communication. 10 4. For the purposes of this chapter , unless the context 11 otherwise requires: 12 a. “Council” means the council on health and human services. 13 b. a. “Department” means the department of health and human 14 services. 15 c. b. “Director” means the director of health and human 16 services. 17 d. c. “Mental health and disability services region” means 18 a mental health and disability services region formed in 19 accordance with section 225C.56 . 20 e. d. “Mental health institute” or “state mental health 21 institute” means a state hospital for persons with mental 22 illness as designated in this chapter . 23 f. e. “Regional administrator” means the same as defined 24 in section 225C.55 . 25 Sec. 416. Section 234.1, Code 2024, is amended to read as 26 follows: 27 234.1 Definitions. 28 As used in this chapter , unless the context otherwise 29 requires: 30 1. “Child” means either a person less than eighteen years of 31 age or a person eighteen, nineteen, or twenty years of age who 32 meets all of the following conditions: 33 a. The person was placed by court order issued pursuant 34 to chapter 232 in foster care or in an institution listed in 35 -173- HF 2574.4054 (3) 90 ss/ns 173/ 237
section 218.1 and either of the following situations apply to 1 the person: 2 (1) After reaching eighteen years of age, the person 3 has remained continuously and voluntarily under the care 4 of an individual, as defined in section 237.1 , licensed to 5 provide foster care pursuant to chapter 237 or in a supervised 6 apartment living arrangement, in this state. 7 (2) The person aged out of foster care after reaching 8 eighteen years of age and subsequently voluntarily applied for 9 placement with an individual, as defined in section 237.1 , 10 licensed to provide foster care pursuant to chapter 237 or for 11 placement in a supervised apartment living arrangement, in this 12 state. 13 b. The person has demonstrated a willingness to participate 14 in case planning and to complete the responsibilities 15 prescribed in the person’s case permanency plan. 16 c. The department has made an application for the person 17 for adult services upon a determination that it is likely the 18 person will need or be eligible for services or other support 19 from the adult services system. 20 2. “Council” means the council on health and human services. 21 3. 2. “Department” means the department of health and human 22 services. 23 4. 3. “Director” means the director of health and human 24 services. 25 5. 4. “Food programs” means the supplemental nutrition 26 assistance program and donated foods programs authorized by 27 federal law under the United States department of agriculture. 28 6. 5. “Supplemental nutrition assistance program” or “SNAP” 29 means benefits provided by the federal program administered 30 through 7 C.F.R. pts. 270 283 , as amended. 31 Sec. 417. Section 234.6, subsection 1, unnumbered paragraph 32 1, Code 2024, is amended to read as follows: 33 The director shall administer the family investment program, 34 state supplementary assistance, food programs, child welfare, 35 -174- HF 2574.4054 (3) 90 ss/ns 174/ 237
and emergency relief, family and adult service programs, and 1 any other form of public assistance and institutions that are 2 placed under the director’s administration. The director shall 3 perform duties, formulate and adopt rules as necessary, and 4 outline policies, dictate procedure, and delegate powers as 5 necessary for competent and efficient administration. Subject 6 to restrictions that may be imposed by the council, the The 7 director may abolish, alter, consolidate, or establish subunits 8 and abolish or change existing subunits. The director may 9 employ necessary personnel and determine their compensation; 10 may allocate or reallocate functions and duties among subunits; 11 and may adopt rules relating to the employment of personnel 12 and the allocation of their functions and duties among the 13 various subunits as required for competent and efficient 14 administration. The director shall do all of the following: 15 Sec. 418. Section 234.6, subsection 1, paragraphs d and h, 16 Code 2024, are amended to read as follows: 17 d. Notwithstanding any provisions to the contrary in chapter 18 239B relating to the consideration of income and resources of 19 claimants for assistance, and with the consent and approval of 20 the council, adopt rules necessary to qualify for federal aid 21 in the assistance programs administered by the director. 22 h. Recommend Adopt rules for their adoption by the council 23 for before and after school child care programs, conducted 24 within and by or contracted for by school districts, that are 25 appropriate for the ages of the children who receive services 26 under the programs. 27 Sec. 419. Section 237.1, Code 2024, is amended to read as 28 follows: 29 237.1 Definitions. 30 As used in this chapter : 31 1. “Agency” means a person which provides child foster care 32 and which does not meet the definition of an individual as 33 defined under this section . 34 2. “Child” means child as defined in section 234.1 . 35 -175- HF 2574.4054 (3) 90 ss/ns 175/ 237
3. “Child foster care” means the provision of parental 1 nurturing, including but not limited to the furnishing of 2 food, lodging, training, education, supervision, treatment, 3 or other care, to a child on a full-time basis by a person, 4 including a relative of the child if the relative is licensed 5 under this chapter , but not including a guardian of the child. 6 “Child foster care” does not include any of the following care 7 situations: 8 a. Care furnished by an individual person who receives the 9 child of a personal friend as an occasional and personal guest 10 in the individual person’s home, free of charge and not as a 11 business. 12 b. Care furnished by an individual person with whom a child 13 has been placed for lawful adoption, unless that adoption is 14 not completed within two years after placement. 15 c. Care furnished by a private boarding school subject to 16 approval by the state board of education pursuant to section 17 256.11 . 18 d. Child care furnished by a child care center, a child 19 development home, or a child care home as defined in section 20 237A.1 . 21 e. Care furnished in a hospital licensed under chapter 135B 22 or care furnished in a nursing facility licensed under chapter 23 135C . 24 f. Care furnished by a relative of a child or an individual 25 person with a meaningful relationship with the child where the 26 child is not under the placement, care, or supervision of the 27 department. 28 4. “Council” means the council on health and human services. 29 5. 4. “Department” means the department of health and human 30 services. 31 6. 5. “Director” means the director of health and human 32 services. 33 7. 6. “Facility” means the personnel, program, physical 34 plant, and equipment of a licensee. 35 -176- HF 2574.4054 (3) 90 ss/ns 176/ 237
8. 7. “Individual” means an individual person or a married 1 couple who provides child foster care in a single-family home 2 environment and which does not meet the definition of an agency 3 under this section . 4 9. 8. “Licensee” means an individual or an agency licensed 5 under this chapter . 6 10. 9. “Reasonable and prudent parent standard” means 7 the standard characterized by careful and sensible parenting 8 decisions that maintain the health, safety, and best interests 9 of a child, while at the same time encouraging the emotional 10 and developmental growth of a child, that a caregiver shall 11 use when determining whether to allow a child in foster care 12 under the placement, care, or supervision of the department to 13 participate in extracurricular, enrichment, cultural, or social 14 activities. For the purposes of this subsection , “caregiver” 15 means an individual or an agency licensed under this chapter 16 with which a child in foster care has been placed or a juvenile 17 shelter care home approved under chapter 232 in which a child 18 in foster care has been placed. 19 Sec. 420. Section 237.3, subsection 1, Code 2024, is amended 20 to read as follows: 21 1. Except as otherwise provided by subsections 3 and 4 , 22 the department shall promulgate, after their adoption by the 23 council, adopt and enforce in accordance with chapter 17A , 24 administrative rules necessary to implement this chapter . 25 Formulation of the rules shall include consultation with 26 representatives of child foster care providers and other 27 persons affected by this chapter . The rules shall encourage 28 the provision of child foster care in a single-family, home 29 environment, exempting the single-family, home facility from 30 inappropriate rules. 31 Sec. 421. Section 237A.1, Code 2024, is amended to read as 32 follows: 33 237A.1 Definitions. 34 As used in this chapter unless the context otherwise 35 -177- HF 2574.4054 (3) 90 ss/ns 177/ 237
requires: 1 1. “Child” means either of the following: 2 a. A person twelve years of age or younger. 3 b. A person thirteen years of age or older but younger than 4 nineteen years of age who has a developmental disability as 5 defined under the federal Developmental Disabilities Assistance 6 and Bill of Rights Act of 2000, Pub. L. No. 106-402, as 7 codified in 42 U.S.C. §15002(8). 8 2. “Child care” means the care, supervision, and guidance of 9 a child by a person other than the child’s parent, guardian, 10 or custodian for periods of less than twenty-four hours per 11 day per child on a regular basis, but does not include care, 12 supervision, and guidance of a child by any of the following: 13 a. An instructional program for children who are attending 14 prekindergarten as defined by the state board of education 15 under section 256.11 or a higher grade level and are at least 16 four years of age, or are at least three years of age and 17 eligible for special education under chapter 256B , administered 18 by any of the following: 19 (1) A public or nonpublic school system accredited by the 20 department of education or the state board of regents. 21 (2) A nonpublic school system which is not accredited by the 22 department of education or the state board of regents. 23 b. Any of the following church-related programs: 24 (1) An instructional program. 25 (2) A youth program other than a preschool, before or after 26 school child care program, or other child care program. 27 (3) A program providing care to children on church premises 28 while the children’s parents are attending church-related or 29 church-sponsored activities on the church premises. 30 c. Short-term classes of less than two weeks’ duration held 31 between school terms or during a break within a school term. 32 d. A child care center for sick children operated as part of 33 a pediatrics unit in a hospital licensed by the department of 34 inspections, appeals, and licensing pursuant to chapter 135B . 35 -178- HF 2574.4054 (3) 90 ss/ns 178/ 237
e. A program operated not more than one day per week by 1 volunteers which meets all of the following conditions: 2 (1) Not more than eleven children are served per volunteer. 3 (2) The program operates for less than four hours during any 4 twenty-four-hour period. 5 (3) The program is provided at no cost to the children’s 6 parent, guardian, or custodian. 7 f. A program administered by a political subdivision of the 8 state which is primarily for recreational or social purposes 9 and is limited to children who are five years of age or older 10 and attending school. 11 g. An after school program continuously offered throughout 12 the school year calendar to children who are at least five 13 years of age and are enrolled in school, and attend the program 14 intermittently or a summer-only program for such children. The 15 program must be provided through a nominal membership fee or 16 at no cost. 17 h. A special activity program which meets less than four 18 hours per day for the sole purpose of the special activity. 19 Special activity programs include but are not limited to music 20 or dance classes, organized athletic or sports programs, 21 recreational classes, scouting programs, and hobby or craft 22 clubs or classes. 23 i. A nationally accredited camp. 24 j. A structured program for the purpose of providing 25 therapeutic, rehabilitative, or supervisory services to 26 children under any of the following: 27 (1) A purchase of service or managed care contract with the 28 department. 29 (2) A contract approved by a governance board of a 30 decategorization of child welfare and juvenile justice funding 31 project created under section 232.188 . 32 (3) An arrangement approved by a juvenile court order. 33 k. Care provided on-site to children of parents residing in 34 an emergency, homeless, or domestic violence shelter. 35 -179- HF 2574.4054 (3) 90 ss/ns 179/ 237
l. A child care facility providing respite care to a 1 licensed foster family home for a period of twenty-four hours 2 or more to a child who is placed with that licensed foster 3 family home. 4 m. A program offered to a child whose parent, guardian, 5 or custodian is engaged solely in a recreational or social 6 activity, remains immediately available and accessible on the 7 physical premises on which the child’s care is provided, and 8 does not engage in employment while the care is provided. 9 However, if the recreational or social activity is provided 10 in a fitness center or on the premises of a nonprofit 11 organization, the parent, guardian, or custodian of the child 12 may be employed to teach or lead the activity. 13 3. “Child care center” or “center” means a facility 14 providing child care or preschool services for seven or more 15 children, except when the facility is registered as a child 16 development home. 17 4. “Child care facility” or “facility” means a child care 18 center, preschool, or a registered child development home. 19 5. “Child care home” means a person or program providing 20 child care to any of the following children at any one time 21 that is not registered to provide child care under this 22 chapter , as authorized under section 237A.3 : 23 a. Five or fewer children. 24 b. Six or fewer children, if at least one of the children 25 is school-aged. 26 6. “Child development home” means a person or program 27 registered under section 237A.3A that may provide child care to 28 seven or more children at any one time. 29 7. “Children needing special needs care” or “special needs 30 child” means a child or children with one or more of the 31 following conditions: 32 a. The child has been diagnosed by a physician or by a 33 person endorsed for service as a school psychologist by the 34 department of education to have a developmental disability 35 -180- HF 2574.4054 (3) 90 ss/ns 180/ 237
which substantially limits one or more major life activities, 1 and the child requires professional treatment, assistance in 2 self-care, or the purchase of special adaptive equipment. 3 b. The child has been determined by a qualified intellectual 4 disability professional to have a condition which impairs the 5 child’s intellectual and social functioning. 6 c. The child has been diagnosed by a mental health 7 professional to have a behavioral or emotional disorder 8 characterized by situationally inappropriate behavior which 9 deviates substantially from behavior appropriate to the 10 child’s age, or which significantly interferes with the child’s 11 intellectual, social, or personal development. 12 8. “Council” means the council on health and human services. 13 9. 8. “Department” means the department of health and human 14 services. 15 10. 9. “Director” means the director of health and human 16 services. 17 11. 10. “Infant” means a child who is less than twenty-four 18 months of age. 19 12. 11. “Involvement with child care” means licensed 20 or registered under this chapter , employed in a child care 21 facility, residing in a child care facility, receiving public 22 funding for providing child care, or providing child care as a 23 child care home provider, or residing in a child care home. 24 13. 12. “Licensed center” means a center issued a full 25 or provisional license by the department under the provisions 26 of this chapter or a center for which a license is being 27 processed. 28 14. 13. “Poverty level” means the poverty level defined by 29 the most recently revised poverty income guidelines published 30 by the United States department of health and human services. 31 15. 14. “Preschool” means a child care facility which 32 provides to children ages three through five, for periods of 33 time not exceeding three hours per day, programs designed 34 to help the children to develop intellectual skills, social 35 -181- HF 2574.4054 (3) 90 ss/ns 181/ 237
skills, and motor skills, and to extend their interest and 1 understanding of the world about them. 2 16. 15. “School” means kindergarten or a higher grade 3 level. 4 17. “State child care advisory committee” means the state 5 child care advisory committee established pursuant to section 6 135.173A . 7 Sec. 422. Section 238.1, Code 2024, is amended to read as 8 follows: 9 238.1 Definitions. 10 For the purpose of this chapter unless the context otherwise 11 requires: 12 1. “Child” means the same as defined in section 234.1 . 13 2. “Child-placing agency” or “agency” means any agency, 14 whether public, semipublic, or private, which represents that 15 the agency places children permanently or temporarily in 16 private family homes or receives children for placement in 17 private family homes, or which actually engages for gain or 18 otherwise in the placement of children in private family homes. 19 “Agency” includes individuals, institutions, partnerships, 20 voluntary associations, and corporations, other than 21 institutions under the management or control of the department. 22 3. “Council” means the council on health and human services. 23 4. 3. “Department” means the department of health and human 24 services. 25 5. 4. “Director” means the director of health and human 26 services. 27 Sec. 423. Section 238.12, Code 2024, is amended to read as 28 follows: 29 238.12 Appeal —— judicial review. 30 1. A licensee aggrieved by a decision of the department 31 revoking the licensee’s license may appeal to the council 32 department in the manner prescribed by the council department . 33 The council department shall, upon receipt of such an appeal, 34 give the licensee reasonable notice and opportunity for a fair 35 -182- HF 2574.4054 (3) 90 ss/ns 182/ 237
hearing before the council or its duly department’s authorized 1 representative. Following the hearing , the council department 2 shall take final action and notify the licensee in writing. 3 2. Judicial review of the actions of the council department 4 may be sought in accordance with the terms of chapter 17A . 5 Sec. 424. Section 249.1, Code 2024, is amended to read as 6 follows: 7 249.1 Definitions. 8 As used in this chapter : 9 1. “Council” means the council on health and human services. 10 2. 1. “Department” means the department of health and human 11 services. 12 3. 2. “Director” means the director of health and human 13 services. 14 4. 3. “Federal supplemental security income” means cash 15 payments made to individuals by the United States government 16 under Tit. XVI of the Social Security Act as amended by Pub. L. 17 No. 92-603, or any other amendments thereto. 18 5. 4. “Previous categorical assistance programs” means the 19 aid to the blind program authorized by chapter 241 , the aid to 20 the disabled program authorized by chapter 241A and the old-age 21 assistance program authorized by chapter 249, Code 1973 . 22 6. 5. “State supplementary assistance” means cash payments 23 made to individuals: 24 a. By the United States government on behalf of the state of 25 Iowa pursuant to section 249.2 . 26 b. By the state of Iowa directly pursuant to sections 249.3 27 through 249.5 . 28 Sec. 425. Section 249.4, subsection 1, Code 2024, is amended 29 to read as follows: 30 1. Applications for state supplementary assistance shall 31 be made in the form and manner prescribed by the director or 32 the director’s designee , with the approval of the council, 33 pursuant to chapter 17A . Each person who applies and is found 34 eligible under section 249.3 shall, so long as the person’s 35 -183- HF 2574.4054 (3) 90 ss/ns 183/ 237
eligibility continues, receive state supplementary assistance 1 on a monthly basis, from funds appropriated to the department 2 for the purpose. 3 Sec. 426. Section 249A.4B, subsections 1 and 7, Code 2024, 4 are amended to read as follows: 5 1. A medical assistance advisory council is created to 6 comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of 7 the federal Social Security Act and to advise the director 8 about health and medical care services under the medical 9 assistance program. The council shall meet no more than 10 quarterly as necessary . The director’s designee responsible 11 for public health or their designee and a public member of the 12 council selected by the public members of the council shall 13 serve as co-chairpersons of the council. 14 7. The director shall consider the recommendations offered 15 by the council in the director’s preparation of the medical 16 assistance budget recommendations to the council on health and 17 human services pursuant to section 217.3 and in implementation 18 of medical assistance program policies. 19 Sec. 427. Section 331.304, subsection 9, Code 2024, is 20 amended to read as follows: 21 9. A county shall not adopt or enforce any ordinance 22 imposing any registration or licensing system or registration 23 or license fees for or relating to owner-occupied manufactured 24 or mobile homes including the lots, lands, or manufactured 25 home community or mobile home park upon or in which they are 26 located. A county shall not adopt or enforce any ordinance 27 imposing any registration or licensing system, or registration 28 or license fees, or safety or sanitary standards for rental 29 manufactured or mobile homes unless similar registration or 30 licensing system, or registration or license fees, or safety 31 or sanitary standards are required for other rental properties 32 intended for human habitation. This subsection does not 33 preclude the investigation and abatement of a nuisance or the 34 enforcement of a tiedown system, or the enforcement of any 35 -184- HF 2574.4054 (3) 90 ss/ns 184/ 237
regulations rules of the council on department of health and 1 human services or local board of health if those regulations 2 rules apply to other rental properties or to owner-occupied 3 housing intended for human habitation. 4 Sec. 428. Section 364.3, subsection 5, Code 2024, is amended 5 to read as follows: 6 5. A city shall not adopt or enforce any ordinance imposing 7 any registration or licensing system or registration or license 8 fees for or relating to owner-occupied manufactured or mobile 9 homes including the lots, lands, or manufactured home community 10 or mobile home park upon or in which they are located. A 11 city shall not adopt or enforce any ordinance imposing any 12 registration or licensing system, or registration or license 13 fees, or safety or sanitary standards for rental manufactured 14 or mobile homes unless a similar registration or licensing 15 system, or registration or license fees, or safety or sanitary 16 standards are required for other rental properties intended 17 for human habitation. This subsection does not preclude the 18 investigation and abatement of a nuisance or the enforcement of 19 a tiedown system, or the enforcement of any regulations rules 20 of the council on department of health and human services or 21 local board of health if those regulations rules apply to other 22 rental properties or to owner-occupied housing intended for 23 human habitation. 24 DIVISION XII 25 ELIMINATION OF ADVISORY COUNCIL ON BRAIN INJURIES 26 Sec. 429. Section 135.22A, Code 2024, is amended to read as 27 follows: 28 135.22A Advisory council on brain Brain injuries —— policy 29 —— department as lead agency . 30 1. For purposes of this section , unless the context 31 otherwise requires: 32 a. “Brain injury” means a brain injury as defined in section 33 135.22 . 34 b. “Council” means the advisory council on brain injuries 35 -185- HF 2574.4054 (3) 90 ss/ns 185/ 237
health and human services . 1 2. The advisory council on brain injuries is established. 2 The following persons or their designees shall serve as ex 3 officio, nonvoting members of the council: 4 a. The director of health and human services or the 5 director’s designee. 6 b. The director of the department of education. 7 c. The chief of the special education bureau of the 8 department of education. 9 d. The administrator of the division of vocational 10 rehabilitation services of the department of workforce 11 development. 12 e. The director of the department for the blind. 13 3. The council shall be composed of a minimum of nine 14 members appointed by the governor in addition to the ex officio 15 members, and the governor may appoint additional members. 16 Insofar as practicable, the council shall include persons with 17 brain injuries; family members of persons with brain injuries; 18 representatives of industry, labor, business, and agriculture; 19 representatives of federal, state, and local government; and 20 representatives of religious, charitable, fraternal, civic, 21 educational, medical, legal, veteran, welfare, and other 22 professional groups and organizations. Members shall be 23 appointed representing every geographic and employment area 24 of the state and shall include members of both sexes. A 25 simple majority of the members appointed by the governor shall 26 constitute a quorum. 27 4. Members of the council appointed by the governor shall 28 be appointed for terms of two years. Vacancies on the council 29 shall be filled for the remainder of the term of the original 30 appointment. Members whose terms expire may be reappointed. 31 5. The voting members of the council shall appoint a 32 chairperson and a vice chairperson and other officers as the 33 council deems necessary. The officers shall serve until their 34 successors are appointed and qualified. Members of the council 35 -186- HF 2574.4054 (3) 90 ss/ns 186/ 237
shall receive actual expenses for their services. Members may 1 also be eligible to receive compensation as provided in section 2 7E.6 . The council shall adopt rules pursuant to chapter 17A . 3 6. 2. The council shall do all of the following: 4 a. Promote meetings and programs for the discussion of 5 methods to reduce the debilitating effects of brain injuries, 6 and disseminate information in cooperation with any other 7 department, agency, or entity on the prevention, evaluation, 8 care, treatment, and rehabilitation of persons affected by 9 brain injuries. 10 b. Study and review current prevention, evaluation, care, 11 treatment, and rehabilitation technologies and recommend 12 appropriate preparation, training, retraining, and distribution 13 of personnel and resources in the provision of services 14 to persons with brain injuries through private and public 15 residential facilities, day programs, and other specialized 16 services. 17 c. Participate in developing and disseminating criteria and 18 standards which may be required for future funding or licensing 19 of facilities, day programs, and other specialized services for 20 persons with brain injuries in this state. 21 d. Make recommendations to the governor for developing and 22 administering a state plan to provide services for persons with 23 brain injuries. 24 e. Meet at least quarterly as necessary . 25 7. 3. The department is designated as Iowa’s lead agency 26 for brain injury. For the purposes of this section , the 27 designation of lead agency authorizes the department to 28 perform or oversee the performance of those functions specified 29 in subsection 6 , paragraphs “a” through “c” . The council 30 is assigned to the department for administrative purposes. 31 The director shall be responsible for budgeting, program 32 coordination, and related management functions. 33 8. The council may receive gifts, grants, or donations 34 made for any of the purposes of its programs and disburse and 35 -187- HF 2574.4054 (3) 90 ss/ns 187/ 237
administer them in accordance with their terms and under the 1 direction of the director. 2 Sec. 430. Section 135.22B, subsection 2, paragraph c, Code 3 2024, is amended to read as follows: 4 c. The department shall consult with the advisory council 5 on brain injuries, established pursuant to section 135.22A , 6 regarding the program and shall report to the council 7 concerning the program at least quarterly. The council shall 8 make recommendations to the department concerning the program’s 9 operation. 10 DIVISION XIII 11 ELIMINATION OF CHILDREN’S BEHAVIORAL HEALTH SYSTEM STATE BOARD 12 Sec. 431. Section 225C.52, Code 2024, is amended to read as 13 follows: 14 225C.52 Children’s behavioral health system state board —— 15 Council duties. 16 The council shall provide guidance on the implementation 17 and management of a children’s behavioral health system for 18 the provision of services to children with a serious emotional 19 disturbance. To the extent funding is available, the state 20 board council shall perform the following duties: 21 1. Advise the director on the administration of the 22 children’s behavioral health system. 23 2. Provide consultation services support to agencies 24 regarding the development of administrative rules for the 25 children’s behavioral health system. 26 3. Identify behavioral health outcomes and indicators for 27 eligible children with a serious emotional disturbance to 28 promote children living with their own families and in the 29 community. 30 4. Submit a written report on or before December 1 of each 31 year to the governor and the general assembly. At a minimum, 32 the report shall include a summary of all activities undertaken 33 by the state board council relating to the children’s 34 behavioral health system and results from identified behavioral 35 -188- HF 2574.4054 (3) 90 ss/ns 188/ 237
health outcomes and indicators for the children’s behavioral 1 health system. 2 Sec. 432. Section 225C.55, Code 2024, is amended to read as 3 follows: 4 225C.55 Definitions. 5 As used in this subchapter , unless the context otherwise 6 requires: 7 1. “Children’s behavioral health services” means the same as 8 defined in section 225C.2 . 9 2. “Council” means the council on health and human services. 10 2. 3. “Department” means the department of health and human 11 services. 12 3. 4. “Director” means the director of health and human 13 services. 14 4. 5. “Disability services” means the same as defined in 15 section 225C.2 . 16 5. 6. “Population” means, as of July 1 of the fiscal year 17 preceding the fiscal year in which the population figure is 18 applied, the population shown by the latest preceding certified 19 federal census or the latest applicable population estimate 20 issued by the United States census bureau, whichever is most 21 recent. 22 6. 7. “Regional administrator” means the administrative 23 office, organization, or entity formed by agreement of the 24 counties participating in a region to function on behalf of 25 those counties in accordance with this subchapter . 26 7. 8. “Serious emotional disturbance” means the same as 27 defined in section 225C.2 . 28 8. “State board” means the children’s system state board 29 created in section 225C.51 . 30 9. “State commission” means the mental health and disability 31 services commission created in section 225C.5 . 32 Sec. 433. Section 225C.66, subsection 3, Code 2024, is 33 amended to read as follows: 34 3. Pursuant to recommendations made by the state board, 35 -189- HF 2574.4054 (3) 90 ss/ns 189/ 237
the The department shall adopt rules to define the services 1 included in the core domains listed in this section . The rules 2 shall provide service definitions, service provider standards, 3 service access standards, and service implementation dates, and 4 shall provide consistency, to the extent possible, with similar 5 service definitions under the medical assistance program. 6 Sec. 434. REPEAL. Section 225C.51, Code 2024, is repealed. 7 DIVISION XIV 8 ELIMINATION OF CONGENITAL AND INHERITED DISORDERS ADVISORY 9 COMMITTEE 10 Sec. 435. Section 136A.2, Code 2024, is amended to read as 11 follows: 12 136A.2 Definitions. 13 As used in this chapter , unless the context otherwise 14 requires: 15 1. “Attending health care provider” means a licensed 16 physician, nurse practitioner, certified nurse midwife, or 17 physician assistant. 18 2. “Congenital and inherited disorders advisory committee” 19 or “advisory committee” means the congenital and inherited 20 disorders advisory committee created in this chapter . 21 3. 2. “Congenital disorder” means an abnormality existing 22 prior to or at birth, including a stillbirth, that adversely 23 affects the health and development of a fetus, newborn, child, 24 or adult, including a structural malformation or a genetic, 25 chromosomal, inherited, or biochemical disorder. 26 3. “Council” means the council on health and human services. 27 4. “Department” means the department of health and human 28 services. 29 5. “Disorder” means a congenital or inherited disorder. 30 6. “Genetics” means the study of inheritance and how genes 31 contribute to health conditions and the potential for disease. 32 7. “Genomics” means the functions and interactions of all 33 human genes and their variation within human populations, 34 including their interaction with environmental factors, and 35 -190- HF 2574.4054 (3) 90 ss/ns 190/ 237
their contribution to health. 1 8. “Inherited disorder” means a condition caused by an 2 abnormal change in a gene or genes passed from a parent or 3 parents to their child. Onset of the disorder may be prior to 4 or at birth, during childhood, or in adulthood. 5 9. “Stillbirth” means an unintended fetal death occurring 6 after a gestation period of twenty completed weeks, or an 7 unintended fetal death of a fetus with a weight of three 8 hundred fifty or more grams. 9 Sec. 436. Section 136A.3A, Code 2024, is amended to read as 10 follows: 11 136A.3A Congenital and inherited disorders advisory committee 12 established —— process Process for addition of conditions to 13 newborn screening. 14 1. A congenital and inherited disorders advisory committee 15 is established to The council shall assist the department in 16 the development of programs that ensure the availability and 17 access to quality genetic and genomic health care services for 18 all Iowans. 19 2. The members of the advisory committee shall be appointed 20 by the director and shall include persons with relevant 21 expertise and interest including parent representatives. 22 3. 2. The advisory committee council shall assist the 23 department in designating the conditions to be included in the 24 newborn screening and in regularly evaluating the effectiveness 25 and appropriateness of the newborn screening. 26 4. 3. a. Beginning July 1, 2022, the advisory committee 27 council shall ensure that all conditions included in the 28 federal recommended uniform screening panel as of January 1, 29 2022, are included in the newborn screening. 30 b. Within twelve months of the addition of a new 31 condition to the federal recommended uniform screening panel, 32 the advisory committee council shall consider and make a 33 recommendation to the department regarding inclusion of the 34 new condition in the newborn screening, including the current 35 -191- HF 2574.4054 (3) 90 ss/ns 191/ 237
newborn screening capacity to screen for the new condition 1 and the resources necessary to screen for the new condition 2 going forward. If the advisory committee council recommends 3 inclusion of a new condition, the department shall include the 4 new condition in the newborn screening within eighteen months 5 of receipt of the recommendation. 6 5. 4. The department shall submit a status report to the 7 general assembly, annually, by December 31, regarding all of 8 the following: 9 a. The current conditions included in the newborn screening. 10 b. Any new conditions currently under consideration or 11 recommended by the advisory committee council for inclusion in 12 the newborn screening. 13 c. Any new conditions considered but not recommended by the 14 advisory committee council in the prior twelve-month period and 15 the reason for not recommending any such conditions. 16 d. Any departmental request for additional program capacity 17 or resources necessitated by the inclusion of a recommended new 18 condition in the newborn screening. 19 e. Any delay and the reason for the delay by the advisory 20 committee council in complying with the specified twelve-month 21 time frame in considering or recommending the inclusion of a 22 new condition in the newborn screening to the department. 23 f. Any delay and the reason for the delay by the department 24 in complying with the specified eighteen-month time frame in 25 including a new condition in the newborn screening following 26 receipt of a recommendation from the advisory committee council 27 recommending the inclusion of such condition. 28 6. 5. The state hygienic laboratory shall establish 29 the newborn screening fee schedule in a manner sufficient 30 to support the newborn screening system of care including 31 laboratory screening costs, short-term and long-term follow-up 32 program costs, the newborn screening developmental fund, and 33 the cost of the department’s newborn screening data system. 34 DIVISION XV 35 -192- HF 2574.4054 (3) 90 ss/ns 192/ 237
ELIMINATION OF EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL 1 Sec. 437. Section 147A.2, Code 2024, is amended to read as 2 follows: 3 147A.2 Council established —— terms of office on health and 4 human services —— advisory duties . 5 1. An EMS advisory council shall be appointed by the 6 director. Membership of the council shall be comprised of 7 individuals nominated from, but not limited to, the following 8 state or national organizations: Iowa osteopathic medical 9 association, Iowa medical society, American college of 10 emergency physicians, Iowa physician assistant society, Iowa 11 academy of family physicians, university of Iowa hospitals 12 and clinics, American academy of emergency medicine, American 13 academy of pediatrics, Iowa EMS association, Iowa firefighters 14 association, Iowa professional fire fighters, EMS education 15 programs committee, Iowa nurses association, Iowa hospital 16 association, and the Iowa state association of counties. The 17 council shall also include at least two at-large members 18 who are volunteer emergency medical care providers and a 19 representative of a private service program. 20 2. The EMS advisory council on health and human services 21 shall advise the director and develop policy recommendations 22 concerning the regulation, administration, and coordination of 23 emergency medical services in the state. 24 Sec. 438. REPEAL. Section 147A.3, Code 2024, is repealed. 25 DIVISION XVI 26 ELIMINATION OF TRAUMA SYSTEM ADVISORY COUNCIL 27 Sec. 439. Section 147A.23, Code 2024, is amended to read as 28 follows: 29 147A.23 Trauma care system development. 30 1. The department is designated as a lead agency in this 31 state responsible for the development of a statewide trauma 32 care system. 33 2. The department , in consultation with the trauma system 34 advisory council, shall develop, coordinate, and monitor a 35 -193- HF 2574.4054 (3) 90 ss/ns 193/ 237
statewide trauma care system. This system shall include, but 1 not be limited to, the following: 2 a. (1) Development of criteria for the categorization 3 of all hospitals and emergency care facilities according to 4 their trauma care capabilities. These categories shall be for 5 levels I, II, III, and IV, based on the most current guidelines 6 published by the American college of surgeons committee on 7 trauma, the American college of emergency physicians, and 8 the model trauma care plan of the United States department 9 of health and human services’ health resources and services 10 administration. 11 (2) The categorization of all hospitals and emergency 12 care facilities by the department as to their capacity to 13 provide trauma care services. The categorization shall be 14 determined by the department from self-reported information 15 provided to the department by the hospital or emergency care 16 facility. This categorization shall not be construed to imply 17 any guarantee on the part of the department as to the level of 18 trauma care services available at the hospital or emergency 19 care facility. 20 b. (1) Development of a process for the verification of 21 the trauma care capacity of each facility and the issuance of a 22 certificate of verification. The standards and verification 23 process shall be established by rule and may vary as 24 appropriate by level of trauma care capability. To the extent 25 possible, the standards and verification process shall be 26 coordinated with other applicable accreditation and licensing 27 standards. 28 (2) The issuance of a certificate of verification of all 29 categorized hospitals and emergency care facilities from the 30 department at the level preferred by the hospital or emergency 31 care facility. The standards and verification process shall 32 be established by rule and may vary as appropriate by level of 33 trauma care capability. To the extent possible, the standards 34 and verification process shall be coordinated with other 35 -194- HF 2574.4054 (3) 90 ss/ns 194/ 237
applicable accreditation and licensing standards. 1 c. Upon verification and the issuance of a certificate 2 of verification, agreement by a hospital or emergency care 3 facility agrees to maintain a level of commitment and resources 4 sufficient to meet responsibilities and standards as required 5 by the trauma care criteria established by rule under this 6 subchapter . Verifications are valid for a period of three 7 years or as determined by the department and are renewable. As 8 part of the verification and renewal process, the department 9 may conduct periodic on-site reviews of the services and 10 facilities of the hospital or emergency care facility. 11 d. Implementation of an Iowa trauma care plan. 12 e. Development of standards for medical direction, trauma 13 care, triage and transfer protocols, and trauma registries. 14 f. Promotion of public information and education activities 15 for injury prevention. 16 g. The development of strategies and the review of rules 17 adopted under this subchapter to promote optimal trauma care 18 delivery throughout the state. 19 h. Development, implementation, and conducting of trauma 20 care system evaluation, quality assessment, and quality 21 improvement. 22 d. 3. The department is responsible for the funding of the 23 administrative costs of this subchapter . Any funds received 24 by the department for this purpose shall be deposited in the 25 emergency medical services fund established in section 135.25 . 26 e. 4. This section shall not be construed to limit the 27 number and distribution of level I, II, III, and IV categorized 28 and verified trauma care facilities in a community or region. 29 5. Proceedings, records, and reports developed pursuant 30 to this section constitute peer review records under section 31 147.135, and are not subject to discovery by subpoena or 32 admissible as evidence. All information and documents 33 received from a hospital or emergency care facility under this 34 subchapter shall be confidential pursuant to section 272C.6, 35 -195- HF 2574.4054 (3) 90 ss/ns 195/ 237
subsection 4. 1 Sec. 440. Section 147A.26, subsection 1, Code 2024, is 2 amended to read as follows: 3 1. The department shall maintain a statewide trauma 4 reporting system by which the trauma system advisory council 5 and the department may monitor the effectiveness of the 6 statewide trauma care system. 7 Sec. 441. REPEAL. Section 147A.24, Code 2024, is repealed. 8 DIVISION XVII 9 ELIMINATION OF JUSTICE ADVISORY BOARD 10 Sec. 442. Section 216A.131, Code 2024, is amended to read 11 as follows: 12 216A.131 Definitions. 13 For the purpose of this subchapter , unless the context 14 otherwise requires : 15 1. “Board” means the justice advisory board. 16 2. “Department” , “department” means the department of health 17 and human services. 18 Sec. 443. Section 216A.133, Code 2024, is amended to read 19 as follows: 20 216A.133 Purpose and Department duties. 21 1. The purpose of the board department shall be do all of 22 the following: 23 a. Develop short-term and long-term goals to improve the 24 criminal and juvenile justice systems. 25 b. Identify and analyze justice system issues , including 26 the impact of present criminal and juvenile justice policy, and 27 make recommendations for policy change . 28 c. Develop and assist others in implementing recommendations 29 and plans for justice system improvement. 30 d. Provide the general assembly with an analysis of current 31 and proposed criminal code provisions. 32 e. Provide for a clearinghouse of justice system information 33 to coordinate with data resource agencies and assist others in 34 the use of justice system data. 35 -196- HF 2574.4054 (3) 90 ss/ns 196/ 237
2. The board shall advise the department on its 1 administration of state and federal grants and appropriations 2 and shall carry out other functions consistent with this 3 subchapter . 4 3. The duties of the board shall consist of the following: 5 a. Identifying issues and analyzing the operation and impact 6 of present criminal and juvenile justice policy and making 7 recommendations for policy changes. 8 b. f. Coordinating Coordinate with data resource agencies 9 to provide data and analytical information to federal, state, 10 and local governments, and assisting assist agencies in the use 11 of criminal and juvenile justice data. 12 c. g. Reporting Report criminal justice system needs to the 13 governor, the general assembly, and other decision makers to 14 improve the criminal justice system. 15 d. h. Reporting Report juvenile justice system needs to 16 the governor, the general assembly, and other decision makers 17 to address issues specifically affecting the juvenile justice 18 system, including evidence-based programs for group foster 19 care placements and the state training school, diversion, and 20 community-based services for juvenile offenders. 21 e. i. Providing Provide technical assistance upon request 22 to state and local agencies. 23 f. j. Administering Administer federal funds and funds 24 appropriated by the state or that are otherwise available 25 in compliance with applicable laws, regulations, and other 26 requirements for purposes of study, research, investigation, 27 planning, and implementation in the areas of criminal and 28 juvenile justice. 29 g. k. Making Make grants to cities, counties, and other 30 entities pursuant to applicable law. 31 h. l. Maintaining Maintain an Iowa correctional policy 32 project as provided in section 216A.137 . 33 i. m. Providing Provide input and make recommendations 34 to the director including in the development of a budget 35 -197- HF 2574.4054 (3) 90 ss/ns 197/ 237
recommendations for the department. 1 j. Developing and making recommendations to the director. 2 k. n. Serving as a liaison between the department and 3 the public, sharing Share information and gathering gather 4 constituency input. 5 l. Recommending to the department the adoption of rules 6 pursuant to chapter 17A as it deems necessary for the board and 7 department. 8 m. o. Recommending Recommend legislative and executive 9 action to the governor and general assembly. 10 n. p. Establishing Establish advisory committees, work 11 groups, or other coalitions as appropriate. 12 o. q. Providing Provide the general assembly with 13 an analysis and recommendations of current criminal code 14 provisions and proposed legislation which include but are not 15 limited to all of the following: 16 (1) Potential disparity in sentencing. 17 (2) Truth in sentencing. 18 (3) Victims. 19 (4) The proportionality of specific sentences. 20 (5) Sentencing procedures. 21 (6) Costs associated with the implementation of criminal 22 code provisions, including costs to the judicial branch, 23 department of corrections, and judicial district departments 24 of correctional services, costs for representing indigent 25 defendants, and costs incurred by political subdivisions of the 26 state. 27 (7) Best practices related to the department of corrections 28 including recidivism rates, safety and the efficient use of 29 correctional staff, and compliance with correctional standards 30 set by the federal government and other jurisdictions. 31 (8) Best practices related to the Iowa child death state 32 mortality review team committee established in section 135.43 33 and the Iowa domestic abuse death review team established in 34 section 135.109 . 35 -198- HF 2574.4054 (3) 90 ss/ns 198/ 237
p. r. Studying Study and making make recommendations for 1 treating and supervising adult and juvenile sex offenders in 2 institutions, community-based programs, and in the community, 3 in areas which include but are not limited to all of the 4 following: 5 (1) The effectiveness of electronically monitoring sex 6 offenders. 7 (2) The cost and effectiveness of special sentences 8 pursuant to chapter 903B . 9 (3) Risk assessment models created for sex offenders. 10 (4) Determining the best treatment programs available for 11 sex offenders and the efforts of Iowa and other states to 12 implement treatment programs. 13 (5) The efforts of Iowa and other states to prevent sex 14 abuse-related crimes including child sex abuse. 15 (6) Any other related issues the board deems necessary, 16 including but not limited to computer and internet sex-related 17 crimes, sex offender case management, best practices for sex 18 offender supervision, the sex offender registry, and the 19 effectiveness of safety zones. 20 q. s. Providing Provide expertise and advice to the 21 legislative services agency, the department of corrections, the 22 judicial branch, and others charged with formulating fiscal, 23 correctional, or minority impact statements. 24 r. t. Reviewing Review data supplied by the department, the 25 department of management, the legislative services agency, the 26 Iowa supreme court, and other departments or agencies for the 27 purpose of determining the effectiveness and efficiency of the 28 collection of such data. 29 4. 2. The board department shall submit reports, in 30 accordance with section 216A.135 , to the governor and general 31 assembly regarding actions taken, issues studied, and board 32 council recommendations. 33 Sec. 444. Section 216A.135, subsection 1, Code 2024, is 34 amended to read as follows: 35 -199- HF 2574.4054 (3) 90 ss/ns 199/ 237
1. The board department shall submit a three-year criminal 1 and juvenile justice plan for the state, beginning December 1, 2 2020, and every three years thereafter, by December 1. The 3 three-year plan shall be updated annually. Each three-year 4 plan and annual updates of the three-year plan shall be 5 submitted to the governor and the general assembly by December 6 1. 7 Sec. 445. Section 216A.137, subsection 1, Code 2024, is 8 amended to read as follows: 9 1. The department shall maintain an Iowa correctional 10 policy project for the purpose of conducting analyses of 11 major correctional issues affecting the criminal and juvenile 12 justice system. The board department shall identify and 13 prioritize the issues and studies to be addressed by the 14 department through this project and shall report project 15 plans and findings annually along with the report required 16 in section 216A.135 . Issues and studies to be considered by 17 the board shall include but are not limited to a review of the 18 information systems available to assess corrections trends 19 and program effectiveness, the development of an evaluation 20 plan for assessing the impact of corrections expenditures, 21 and a study of the desirability and feasibility of changing 22 the state’s sentencing practices, which includes a prison 23 population forecast. 24 Sec. 446. REPEAL. Section 216A.132, Code 2024, is repealed. 25 DIVISION XVIII 26 ELIMINATION OF IOWA COLLABORATION FOR YOUTH DEVELOPMENT COUNCIL 27 Sec. 447. Section 216A.140, Code 2024, is amended to read 28 as follows: 29 216A.140 Iowa collaboration for youth development council —— 30 state State of Iowa youth advisory council. 31 1. Definitions. For the purposes of this section , unless 32 the context otherwise requires: 33 a. “Youth” means children and young persons who are ages six 34 through twenty-one years. 35 -200- HF 2574.4054 (3) 90 ss/ns 200/ 237
b. “Youth advisory council” means the state of Iowa youth 1 advisory council created by this section . 2 c. “Youth development council” means the Iowa collaboration 3 for youth development council created by this section . 4 2. Collaboration council created. An Iowa collaboration for 5 youth development council is created as an alliance of state 6 agencies that address the needs of youth in Iowa. 7 3. Purpose. The purpose of the youth development council is 8 to improve the lives and futures of Iowa’s youth by doing all 9 of the following: 10 a. Adopting and applying positive youth development 11 principles and practices at the state and local levels. 12 b. Increasing the quality, efficiency, and effectiveness of 13 opportunities and services and other supports for youth. 14 c. Improving and coordinating state youth policy and 15 programs across state agencies. 16 4. Vision statement. All youth development activities 17 addressed by the youth development council shall be aligned 18 around the following vision statement: 19 “All Iowa youth will be safe, healthy, successful, and prepared 20 for adulthood.” 21 5. Membership. The youth development council membership 22 shall be determined by the council itself and shall include the 23 directors or chief administrators, or their designees, from the 24 following state agencies and programs: 25 a. Child advocacy board. 26 b. Department of education. 27 c. Department of health and human services. 28 d. Department of workforce development. 29 e. Office of drug control policy. 30 f. Iowa cooperative extension service in agriculture and 31 home economics. 32 6. Procedure. Except as otherwise provided by law, the 33 youth development council shall determine its own rules of 34 procedure and operating policies, including but not limited 35 -201- HF 2574.4054 (3) 90 ss/ns 201/ 237
to terms of members. The youth development council may form 1 committees or subgroups as necessary to achieve its purpose. 2 7. Duties. The youth development council’s duties shall 3 include but are not limited to all of the following: 4 a. Study, explore, and plan for the best approach to 5 structure and formalize the functions and activities of the 6 youth development council to meet its purpose, and make formal 7 recommendations for improvement to the governor and general 8 assembly. 9 b. Review indicator data and identify barriers to youth 10 success and develop strategies to address the barriers. 11 c. Coordinate across agencies the state policy priorities 12 for youth. 13 d. Strengthen partnerships with the nonprofit and private 14 sectors to gather input, build consensus, and maximize use of 15 existing resources and leverage new resources to improve the 16 lives of youth and their families. 17 e. Oversee the activities of the youth advisory council. 18 f. Seek input from and engage the youth advisory council 19 in the development of more effective policies, practices, and 20 programs to improve the lives and futures of youth. 21 g. Report annually by February 1 to the governor and general 22 assembly. 23 8. 2. State of Iowa youth advisory council. A state of 24 Iowa youth advisory council is created to provide input to the 25 governor, general assembly, and state and local policymakers on 26 youth issues. 27 a. The purpose of the youth advisory council is to foster 28 communication among a group of engaged youth and the governor, 29 general assembly, and state and local policymakers regarding 30 programs, policies, and practices affecting youth and families; 31 and to advocate for youth on important issues affecting youth ; 32 and to improve the lives and futures of Iowa’s youth . 33 b. The youth advisory council shall consist of no more than 34 twenty-one youth ages fourteen through twenty years who reside 35 -202- HF 2574.4054 (3) 90 ss/ns 202/ 237
in Iowa. Membership shall be for two-year staggered terms. 1 The director or the director’s designee shall select council 2 members using an application process. The director or the 3 director’s designee shall strive to maintain a diverse council 4 membership and shall take into consideration race, ethnicity, 5 disabilities, gender, and geographic location of residence of 6 the applicants. 7 c. Except as otherwise provided by law, the youth advisory 8 council shall determine its own rules of procedure and 9 operating policies, subject to approval by the director or the 10 director’s designee. 11 d. The youth advisory council shall meet at least quarterly. 12 do all of the following: 13 (1) Adopt and apply positive youth development principles 14 and practices at the state and local levels. 15 (2) Increase the quality, efficiency, and effectiveness of 16 opportunities and services and other supports for youth. 17 (3) Improve, coordinate, and prioritize state youth policy 18 and programs across state agencies. 19 (4) Align all policies around the vision that all Iowa youth 20 will be safe, healthy, successful, and prepared for adulthood. 21 (5) Review indicator data, identify barriers to youth 22 success, and develop strategies to address the barriers. 23 (6) Strengthen partnerships with the nonprofit and private 24 sectors to gather input, build consensus, and maximize the use 25 of existing resources and leverage new resources to improve the 26 lives of youth and their families. 27 (7) Report annually by February 1 to the governor and the 28 general assembly. 29 9. 3. Lead agency. The lead agency for support of the Iowa 30 collaboration for youth development council and the state of 31 Iowa youth advisory council is the department. The department 32 shall coordinate activities and, with funding made available 33 to it for such purposes, provide staff support for the youth 34 development council and the youth advisory council. 35 -203- HF 2574.4054 (3) 90 ss/ns 203/ 237
DIVISION XIX 1 ELIMINATION OF COMMISSIONS UNDER HUMAN RIGHTS BOARD 2 Sec. 448. Section 216A.1, subsection 1, paragraph a, Code 3 2024, is amended by striking the paragraph and inserting in 4 lieu thereof the following: 5 a. Community advocacy and services on behalf of 6 underrepresented populations in the state. 7 Sec. 449. Section 216A.3, Code 2024, is amended to read as 8 follows: 9 216A.3 Human rights board. 10 1. A human rights board is created within the department. 11 2. The board shall consist of sixteen twelve members, 12 including eleven seven voting members and five nonvoting 13 members , and determined as follows: 14 a. The voting members shall consist of nine seven voting 15 members selected by each of the permanent commissions within 16 the department, and two voting members, appointed by the 17 governor. For purposes of this paragraph “a” , “permanent 18 commissions” means the commission of Latino affairs, 19 commission on the status of women, commission of persons 20 with disabilities, commission on community action agencies, 21 commission of deaf services, justice advisory board, commission 22 on the status of African Americans, commission of Asian and 23 Pacific Islander affairs, and commission of Native American 24 affairs who shall be appointed by the governor, subject to 25 confirmation by the senate pursuant to section 2.32, and shall 26 represent underrepresented populations in the state. All 27 voting members shall reside in the state . The term of office 28 for voting members is four years. 29 b. The nonvoting members shall consist of the department 30 director, two state representatives, one appointed by the 31 speaker of the house of representatives and one by the minority 32 leader of the house of representatives, and two state senators, 33 one appointed by the majority leader of the senate and one by 34 the minority leader of the senate. 35 -204- HF 2574.4054 (3) 90 ss/ns 204/ 237
3. A majority of the voting members of the board shall 1 constitute a quorum, and the affirmative vote of two-thirds of 2 the voting members present is necessary for any substantive 3 action taken by the board. The board shall select a 4 chairperson from the voting members of the board. The board 5 shall meet not less than four times a year. 6 4. The board shall develop do all of the following: 7 a. Develop and monitor implementation of a comprehensive 8 strategic plan to remove barriers for underrepresented 9 populations or groups and, in doing so, to increase Iowa’s 10 productivity and inclusivity, including performance measures 11 and benchmarks. 12 b. Study the opportunities for and changing needs of the 13 underrepresented populations or groups in the state. 14 c. Serve as a liaison between the department and the public, 15 sharing information and gathering constituency input. 16 d. Recommend to the department the adoption of rules 17 pursuant to chapter 17A as the board deems necessary. 18 e. Recommend legislative and executive action to the 19 governor and general assembly to advance the interests of 20 underrepresented populations or groups and to improve the 21 status of low-income persons in the state. 22 f. Establish advisory committees, work groups, or other 23 coalitions as appropriate. 24 g. Advance the interests of underrepresented populations 25 or groups in the areas of human rights, access to justice, 26 economic equality, and the elimination of discrimination. 27 Sec. 450. Section 216A.4, Code 2024, is amended to read as 28 follows: 29 216A.4 Definitions. 30 For purposes of this chapter , unless the context otherwise 31 requires: 32 1. “Asian or Pacific Islander” means an individual from any 33 of the countries of Asia or islands of the Pacific. 34 1. 2. “Board” means the human rights board. 35 -205- HF 2574.4054 (3) 90 ss/ns 205/ 237
2. 3. “Department” means the department of health and human 1 services. 2 3. 4. “Director” means the director of health and human 3 services. 4 5. “Tribal government” means the governing body of a 5 federally recognized Indian tribe. 6 4. 6. “Underrepresented” means the historical 7 marginalization of populations or groups in the United States 8 and Iowa, including but not limited to African Americans, Asian 9 and Pacific Islanders, persons who are deaf or hard of hearing, 10 persons with disabilities, Latinos, Native Americans, women, 11 persons who have low socioeconomic status, at-risk youth, and 12 adults or juveniles with a criminal history. 13 COMMISSION AND OFFICE OF LATINO AFFAIRS ELIMINATION 14 Sec. 451. REPEAL. Sections 216A.11, 216A.12, 216A.13, 15 216A.14, and 216A.15, Code 2024, are repealed. 16 COMMISSION AND OFFICE ON THE STATUS OF WOMEN ELIMINATION 17 Sec. 452. Section 241.3, subsection 2, Code 2024, is amended 18 to read as follows: 19 2. The department shall consult and cooperate with the 20 department of workforce development, the United States 21 commissioner of social security administration, the office 22 on the status of women of the department, the department of 23 education, and other persons in the executive branch of the 24 state government as the department considers appropriate to 25 facilitate the coordination of multipurpose service programs 26 established under this chapter with existing programs of a 27 similar nature. 28 Sec. 453. REPEAL. Sections 216A.51, 216A.52, 216A.53, and 29 216A.54, Code 2024, are repealed. 30 COMMISSION AND OFFICE ON PERSONS WITH DISABILITIES ELIMINATION 31 Sec. 454. REPEAL. Sections 216A.71, 216A.72, 216A.74, and 32 216A.75, Code 2024, are repealed. 33 COMBINING OF DEAF SERVICES COMMISSION AND DUAL PARTY RELAY 34 COUNCIL 35 -206- HF 2574.4054 (3) 90 ss/ns 206/ 237
Sec. 455. Section 216A.111, subsection 2, Code 2024, is 1 amended by striking the subsection. 2 Sec. 456. Section 216A.113, Code 2024, is amended to read 3 as follows: 4 216A.113 Deaf services commission established. 5 1. The commission of deaf services is established, and shall 6 consist of seven voting members appointed by the governor , 7 subject to confirmation by the senate pursuant to section 8 2.32 . Membership of the commission shall include at least four 9 members who are deaf and at least one member who is or hard of 10 hearing , and three members who are representatives of telephone 11 companies . The commission shall also include the director, or 12 the director’s designee, as a nonvoting member. All members 13 shall reside in Iowa. 14 2. Members Voting members of the commission shall serve 15 four-year staggered terms which shall begin and end pursuant to 16 section 69.19 . Members Voting members whose terms expire may 17 be reappointed. Vacancies on the commission may be filled for 18 the remainder of the term in the same manner as the original 19 appointment. Members Voting members shall receive actual 20 expenses incurred while serving in their official capacity, 21 subject to statutory limits. Members Voting members may also 22 be eligible to receive compensation as provided in section 23 7E.6 . 24 3. Members The voting members of the commission shall 25 appoint a chairperson and vice chairperson and other officers 26 as the commission deems necessary. The commission shall 27 meet at least quarterly during each fiscal year. A majority 28 of the voting members currently appointed to the commission 29 shall constitute a quorum. A quorum shall be required for the 30 conduct of business of the commission, and the affirmative vote 31 of a majority of the currently appointed voting members is 32 necessary for any substantive action taken by the commission. 33 A voting member shall not vote on any action if the voting 34 member has a conflict of interest on the matter, and a 35 -207- HF 2574.4054 (3) 90 ss/ns 207/ 237
statement by the voting member of a conflict of interest shall 1 be conclusive for this purpose. 2 Sec. 457. Section 216A.114, Code 2024, is amended to read 3 as follows: 4 216A.114 Commission powers and duties. 5 The commission shall have the following powers and duties: 6 1. Study the changing needs and opportunities for the deaf 7 and hard-of-hearing people in this state. 8 2. Serve as a liaison between the office department and the 9 public, sharing information and gathering constituency input. 10 3. Recommend to the board for adoption rules pursuant 11 to chapter 17A as it deems necessary for the commission and 12 office. 13 4. Recommend legislative and executive action to the 14 governor and general assembly. 15 5. Establish advisory committees, work groups, or other 16 coalitions as appropriate. 17 6. Advise the utilities board on the planning, 18 establishment, administration, and promotion of a statewide 19 program to provide dual party relay service and to secure, 20 finance, and distribute telecommunications devices for the deaf 21 and hard of hearing pursuant to chapter 477C. 22 Sec. 458. Section 477C.2, Code 2024, is amended to read as 23 follows: 24 477C.2 Definitions. 25 As used in this chapter , unless the context otherwise 26 requires: 27 1. “Board” means the utilities board created in section 28 474.1 . 29 2. “Commission” means the commission on deaf services 30 created in section 216A.113. 31 2. 3. “Communication disorder” means the inability to use 32 the telephone for communication without a telecommunications 33 device for the deaf and hard of hearing. 34 3. “Council” means the dual party relay council established 35 -208- HF 2574.4054 (3) 90 ss/ns 208/ 237
in section 477C.5 . 1 4. “Dual party relay service” or “relay service” means a 2 communication service which provides persons with communication 3 disorders access to the telephone system functionally 4 equivalent to the access available to persons without 5 communication disorders. 6 5. “Telecommunications device for the deaf and hard of 7 hearing” means any specialized or supplemental telephone 8 equipment used by persons with communication disorders to 9 provide access to the telephone system. 10 Sec. 459. Section 477C.3, unnumbered paragraph 1, Code 11 2024, is amended to read as follows: 12 With the advice of the council commission , the board shall 13 plan, establish, administer, and promote a statewide program to 14 provide dual party relay service as follows: 15 Sec. 460. Section 477C.4, Code 2024, is amended to read as 16 follows: 17 477C.4 Telecommunications devices for the deaf and hard of 18 hearing. 19 With the advice of the council commission , the board may 20 plan, establish, administer, and promote a program to secure, 21 finance, and distribute telecommunications devices for the 22 deaf and hard of hearing. The board may establish eligibility 23 criteria for persons to receive telecommunications devices 24 for the deaf and hard of hearing, including but not limited 25 to requiring certification that the recipient cannot use the 26 telephone for communication without a telecommunications device 27 for the deaf and hard of hearing. 28 Sec. 461. Section 477C.5, subsection 2, paragraph c, Code 29 2024, is amended by striking the paragraph. 30 Sec. 462. Section 622B.4, Code 2024, is amended to read as 31 follows: 32 622B.4 List. 33 The office of deaf services of the department of health and 34 human services shall prepare and continually update a listing 35 -209- HF 2574.4054 (3) 90 ss/ns 209/ 237
of qualified and available sign language interpreters. The 1 courts and administrative agencies shall maintain a directory 2 of qualified interpreters for deaf and hard-of-hearing 3 persons as furnished by the department of health and human 4 services. The office of deaf services of the department 5 of health and human services shall maintain a list of sign 6 language interpreters which shall be made available to a court, 7 administrative agency, or interested parties to an action using 8 the services of a sign language interpreter. 9 Sec. 463. REPEAL. Sections 216A.112 and 477C.5, Code 2024, 10 are repealed. 11 COMMISSION AND OFFICE ON STATUS OF AFRICAN AMERICANS 12 ELIMINATION 13 Sec. 464. REPEAL. Sections 216A.141, 216A.142, 216A.143, 14 and 216A.146, Code 2024, are repealed. 15 COMMISSION AND OFFICE ON ASIAN AND PACIFIC ISLANDERS 16 ELIMINATION 17 Sec. 465. REPEAL. Sections 216A.151, 216A.152, 216A.153, 18 and 216A.154, Code 2024, are repealed. 19 COMMISSION AND OFFICE OF NATIVE AMERICAN AFFAIRS ELIMINATION 20 Sec. 466. Section 216A.167, Code 2024, is amended to read 21 as follows: 22 216A.167 Limitations on authority. 23 1. The commission board and office department shall not have 24 the authority to do any of the following: 25 a. Implement or administer the duties of the state of Iowa 26 under the federal Indian Gaming Regulatory Act, shall not have 27 any authority to recommend, negotiate, administer, or enforce 28 any agreement or compact entered into between the state of Iowa 29 and Indian tribes located in the state pursuant to section 30 10A.104 , and shall not have any authority relative to Indian 31 gaming issues. 32 b. Administer the duties of the state under the federal 33 National Historic Preservation Act, the federal Native American 34 Graves Protection and Repatriation Act, and chapter 263B . The 35 -210- HF 2574.4054 (3) 90 ss/ns 210/ 237
commission board shall also not interfere with the advisory 1 role of a separate Indian advisory council or committee 2 established by the state archeologist by rule for the purpose 3 of consultation on matters related to ancient human skeletal 4 remains and associated artifacts. 5 2. This subchapter shall not diminish or inhibit the right 6 of any tribal government to interact directly with the state 7 or any of its departments or agencies for any purpose which a 8 tribal government desires to conduct its business or affairs as 9 a sovereign governmental entity. 10 Sec. 467. REPEAL. Sections 216A.161, 216A.162, 216A.163, 11 216A.165, and 216A.166, Code 2024, are repealed. 12 COMMUNITY ACTION AGENCY COMMISSION ELIMINATION 13 Sec. 468. Section 216A.91, Code 2024, is amended to read as 14 follows: 15 216A.91 Definitions. 16 For purposes of this subchapter , unless the context 17 otherwise requires: 18 1. “Commission” means the commission on community action 19 agencies. 20 2. 1. “Community action agency” means a public agency 21 or a private nonprofit agency which is authorized under its 22 charter or bylaws to receive funds to administer community 23 action programs and is designated by the governor to receive 24 and administer the funds. 25 3. 2. “Community action program” means a program conducted 26 by a community action agency which includes projects to provide 27 a range of services to improve the conditions of poverty in the 28 area served by the community action agency. 29 Sec. 469. Section 216A.93, Code 2024, is amended to read as 30 follows: 31 216A.93 Establishment of community action agencies. 32 The department shall recognize and assist in the designation 33 of certain community action agencies to assist in the delivery 34 of community action programs. These programs shall include but 35 -211- HF 2574.4054 (3) 90 ss/ns 211/ 237
not be limited to outreach, community services block grant, 1 low-income energy assistance, and weatherization programs. If 2 a community action agency is in effect and currently serving an 3 area, that community action agency shall become the designated 4 community action agency for that area. If any geographic area 5 of the state ceases to be served by a designated community 6 action agency, the department may solicit applications and 7 assist the governor in designating a community action agency 8 for that area in accordance with current community services 9 block grant requirements. The department shall supervise the 10 collection of data regarding the scope of services provided by 11 the community action agencies. 12 Sec. 470. Section 541A.1, Code 2024, is amended to read as 13 follows: 14 541A.1 Definitions. 15 For the purposes of this chapter , unless the context 16 otherwise requires: 17 1. “Account holder” means an individual who is the owner of 18 an individual development account. 19 2. “Charitable contributor” means a nonprofit association 20 described in section 501(c)(3) of the Internal Revenue Code 21 which makes a deposit to an individual development account 22 and which is exempt from taxation under section 501(a) of the 23 Internal Revenue Code. 24 3. “Commission” means the commission on community action 25 agencies created in section 216A.92A . 26 4. 3. “Department” means the department of health and human 27 services. 28 5. 4. “Director” means the director of health and human 29 services. 30 6. 5. “Federal poverty level” means the first poverty 31 income guidelines published in the calendar year by the United 32 States department of health and human services. 33 7. 6. “Financial institution” means a financial institution 34 approved by the director as an investment mechanism for 35 -212- HF 2574.4054 (3) 90 ss/ns 212/ 237
individual development accounts. 1 8. 7. “Household income” means the annual household 2 income of an account holder or prospective account holder, as 3 determined in accordance with rules adopted by the director. 4 9. 8. “Individual contributor” means an individual who 5 makes a deposit to an individual development account and is not 6 the account holder or a charitable contributor. 7 10. 9. “Individual development account” means either of the 8 following: 9 a. A financial instrument that is certified to have the 10 characteristics described in section 541A.2 by the operating 11 organization. 12 b. A financial instrument that is certified by the 13 operating organization to have the characteristics described 14 in and funded by a federal individual development account 15 program under which federal and state funding contributed to 16 match account holder deposits is deposited by an operating 17 organization in accordance with federal law and regulations, 18 and which includes but is not limited to any of the programs 19 implemented under the following federal laws: 20 (1) The federal Personal Responsibility and Work 21 Opportunity Act of 1996, 42 U.S.C. §604(h). 22 (2) The federal Assets for Independence Act, Pub. L. No. 23 105-285, Tit. IV. 24 11. 10. “Operating organization” means an agency selected 25 by the department for involvement in operating individual 26 development accounts directed to a specific target population. 27 12. 11. “Source of principal” means any of the sources of 28 a deposit to an individual development account under section 29 541A.2, subsection 2 . 30 Sec. 471. Section 541A.5, subsections 1 and 2, Code 2024, 31 are amended to read as follows: 32 1. The commission department , in consultation with 33 the department of administrative services, shall adopt 34 administrative rules to administer this chapter . 35 -213- HF 2574.4054 (3) 90 ss/ns 213/ 237
2. a. The rules adopted by the commission department 1 shall include but are not limited to provision for transfer 2 of an individual development account to a different financial 3 institution than originally approved by the department, if 4 the different financial institution has an agreement with the 5 account’s operating organization. 6 b. The rules for determining household income may provide 7 categorical eligibility for prospective account holders who are 8 enrolled in programs with income eligibility restrictions that 9 are equal to or less than the maximum household income allowed 10 for payment of a state match under section 541A.3 . 11 c. Subject to the availability of funding, the commission 12 department may adopt rules implementing an individual 13 development account program for refugees. Rules shall identify 14 purposes authorized for withdrawals to meet the special needs 15 of refugee families. 16 Sec. 472. Section 541A.6, Code 2024, is amended to read as 17 follows: 18 541A.6 Compliance with federal requirements. 19 The commission department shall adopt rules for compliance 20 with federal individual development account requirements under 21 the federal Personal Responsibility and Work Opportunity 22 Reconciliation Act of 1996, §103, as codified in 42 U.S.C. 23 §604(h), under the federal Assets for Independence Act, Pub. 24 L. No. 105-285, Tit. IV, or with any other federal individual 25 development account program requirements for drawing federal 26 funding. Any rules adopted under this section shall not apply 27 the federal individual development account program requirements 28 to an operating organization which does not utilize federal 29 funding for the accounts with which it is connected or to an 30 account holder who does not receive temporary assistance for 31 needy families block grant or other federal funding. 32 Sec. 473. REPEAL. Sections 216A.92A and 216A.92B, Code 33 2024, are repealed. 34 ELIMINATION OF FAMILY DEVELOPMENT AND SELF-SUFFICIENCY COUNCIL 35 -214- HF 2574.4054 (3) 90 ss/ns 214/ 237
Sec. 474. Section 216A.107, Code 2024, is amended to read 1 as follows: 2 216A.107 Family development and self-sufficiency —— council 3 and grant program. 4 1. A family development and self-sufficiency council is 5 established within the department. The council shall consist 6 of the following persons: 7 a. The director of the department or the director’s 8 designee. 9 b. The director of the school of social work at the 10 university of Iowa or the director’s designee. 11 c. The dean of the college of human sciences at Iowa state 12 university or the dean’s designee. 13 d. Two recipients or former recipients of the family 14 investment program, selected by the other members of the 15 council. 16 e. One recipient or former recipient of the family 17 investment program who is a member of a racial or ethnic 18 minority, selected by the other members of the council. 19 f. One member representing providers of services to victims 20 of domestic violence, selected by the other members of the 21 council. 22 g. The head of the department of design, textiles, 23 gerontology, and family studies at the university of northern 24 Iowa or that person’s designee. 25 h. The director of the department of education or the 26 director’s designee. 27 i. The director of the department of workforce development 28 or the director’s designee. 29 j. Two persons representing the business community, selected 30 by the other members of the council. 31 k. Two members from each chamber of the general assembly 32 serving as ex officio, nonvoting members. The two members 33 of the senate shall be appointed one each by the majority 34 leader and the minority leader of the senate. The two 35 -215- HF 2574.4054 (3) 90 ss/ns 215/ 237
members of the house of representatives shall be appointed one 1 each by the speaker and the minority leader of the house of 2 representatives. 3 2. Unless otherwise provided by law, terms of members, 4 election of officers, and other procedural matters shall be 5 as determined by the council. A quorum shall be required for 6 the conduct of business of the council, and the affirmative 7 vote of a majority of the currently appointed voting members 8 is necessary for any substantive action taken by the council. 9 A member shall not vote on any action if the member has a 10 conflict of interest on the matter, and a statement by the 11 member of a conflict of interest shall be conclusive for this 12 purpose. 13 3. 1. The family development and self-sufficiency council 14 on health and human services shall do all of the following: 15 a. Identify the factors and conditions that place Iowa 16 families at risk of dependency upon the family investment 17 program. The council shall seek to use relevant research 18 findings and national and Iowa-specific data on the family 19 investment program. 20 b. Identify the factors and conditions that place Iowa 21 families at risk of family instability. The council shall 22 seek to use relevant research findings and national and 23 Iowa-specific data on family stability issues. 24 c. Subject to the availability of funds for this 25 purpose, award grants to public or private organizations 26 for provision of family development services to families at 27 risk of dependency on the family investment program or of 28 family instability. Not more than five percent of any funds 29 appropriated by the general assembly for the purposes of this 30 lettered paragraph may be used for staffing and administration 31 of the grants. Grant proposals for the family development and 32 self-sufficiency grant program shall include the following 33 elements: 34 (1) Designation of families to be served that meet one or 35 -216- HF 2574.4054 (3) 90 ss/ns 216/ 237
more criteria for being at risk of dependency on the family 1 investment program or of family instability, and agreement 2 to serve clients that are referred by the department from 3 the family investment program which meet the criteria. The 4 criteria may include but are not limited to factors such as 5 educational level, work history, family structure, age of the 6 youngest child in the family, previous length of stay on the 7 family investment program, and participation in the family 8 investment program or the foster care program while the head of 9 a household was a child. Grant proposals shall also establish 10 the number of families to be served under the grant. 11 (2) Designation of the services to be provided for 12 the families served, including assistance regarding 13 job-seeking skills, family budgeting, nutrition, self-esteem, 14 methamphetamine education, health and hygiene, child rearing, 15 child education preparation, and goal setting. Grant proposals 16 shall indicate the support groups and support systems to be 17 developed for the families served during the transition between 18 the need for assistance and self-sufficiency. 19 (3) Designation of the manner in which other needs of the 20 families will be provided for, including but not limited to 21 child care assistance, transportation, substance use disorder 22 treatment, support group counseling, food, clothing, and 23 housing. 24 (4) Designation of the process for training of the staff 25 which provides services, and the appropriateness of the 26 training for the purposes of meeting family development and 27 self-sufficiency goals of the families being served. 28 (5) Designation of the support available within the 29 community for the program and for meeting subsequent needs of 30 the clients, and the manner in which community resources will 31 be made available to the families being served. 32 (6) Designation of the manner in which the program will be 33 subject to audit and to evaluation. 34 (7) Designation of agreement provisions for tracking and 35 -217- HF 2574.4054 (3) 90 ss/ns 217/ 237
reporting performance measures developed pursuant to paragraph 1 “d” . 2 d. Develop appropriate performance measures for the grant 3 program to demonstrate how the program helps families achieve 4 self-sufficiency. 5 e. Seek to enlist research support from the Iowa research 6 community in meeting the duties outlined in paragraphs “a” 7 through “d” . 8 f. Seek additional support for the funding of grants under 9 the program, including but not limited to funds available 10 through the federal government in serving families at risk of 11 long-term welfare dependency, and private foundation grants. 12 g. Make recommendations to the governor and the general 13 assembly on the effectiveness of programs in Iowa and 14 throughout the country that provide family development services 15 that lead to self-sufficiency for families at risk of welfare 16 dependency. 17 4. 2. a. The department shall administer the family 18 development and self-sufficiency grant program. 19 b. To the extent that the family development and 20 self-sufficiency grant program is funded by the federal 21 temporary assistance for needy families block grant and by the 22 state maintenance of efforts funds appropriated in connection 23 with the block grant, the department shall comply with all 24 federal requirements for the block grant. The department is 25 responsible for payment of any federal penalty imposed that is 26 attributable to the grant program and shall receive any federal 27 bonus payment attributable to the grant program. 28 c. The department shall ensure that expenditures of moneys 29 appropriated to the department from the general fund of the 30 state for the family development and self-sufficiency grant 31 program are eligible to be considered as state maintenance of 32 effort expenditures under federal temporary assistance for 33 needy families block grant requirements. 34 d. The department shall consider the recommendations of 35 -218- HF 2574.4054 (3) 90 ss/ns 218/ 237
the council on health and human services in adopting rules 1 pertaining to the grant program. 2 e. The department shall submit to the governor and general 3 assembly on or before November 30 following the end of each 4 state fiscal year, a report detailing performance measure 5 and outcome data evaluating the family development and 6 self-sufficiency grant program for the fiscal year that just 7 ended. 8 DIVISION XX 9 HAWKI BOARD AND ADVISORY COMMITTEE FOR CHILDREN WITH SPECIAL 10 HEALTH CARE NEEDS ELIMINATION 11 Sec. 475. Section 249A.4B, subsection 2, paragraph b, Code 12 2024, is amended to read as follows: 13 b. The council shall include all of the following nonvoting 14 members: 15 (1) The director’s designee responsible for public health 16 or their designee. 17 (2) The long-term care ombudsman, or the long-term care 18 ombudsman’s designee. 19 (3) The dean of Des Moines university college of osteopathic 20 medicine, or the dean’s designee. 21 (4) The dean of the university of Iowa college of medicine, 22 or the dean’s designee. 23 (5) A member of the Hawki board created in section 514I.5 , 24 selected by the members of the Hawki board. 25 (6) (5) The following members of the general assembly, each 26 for a term of two years as provided in section 69.16B : 27 (a) Two members of the house of representatives, one 28 appointed by the speaker of the house of representatives 29 and one appointed by the minority leader of the house of 30 representatives from their respective parties. 31 (b) Two members of the senate, one appointed by the 32 president of the senate after consultation with the majority 33 leader of the senate and one appointed by the minority leader 34 of the senate. 35 -219- HF 2574.4054 (3) 90 ss/ns 219/ 237
Sec. 476. Section 514I.1, subsection 2, Code 2024, is 1 amended to read as follows: 2 2. It is the intent of the general assembly that the program 3 be implemented and administered in compliance with Tit. XXI 4 of the federal Social Security Act. If, as a condition of 5 receiving federal funds for the program, federal law requires 6 implementation and administration of the program in a manner 7 not provided in this chapter , during a period when the general 8 assembly is not in session, the department, with the approval 9 of the Hawki board medical assistance advisory council , shall 10 proceed to implement and administer those provisions, subject 11 to review by the next regular session of the general assembly. 12 Sec. 477. Section 514I.2, Code 2024, is amended to read as 13 follows: 14 514I.2 Definitions. 15 As used in this chapter , unless the context otherwise 16 requires: 17 1. “Benchmark benefit package” means any of the following: 18 a. The standard blue cross/blue shield preferred provider 19 option service benefit plan, described in and offered under 5 20 U.S.C. §8903(1). 21 b. A health benefits coverage plan that is offered and 22 generally available to state employees in this state. 23 c. The plan of a health maintenance organization as defined 24 in 42 U.S.C. §300e, with the largest insured commercial, 25 nonmedical assistance enrollment of covered lives in the state. 26 2. “Cost sharing” means the payment of a premium or 27 copayment as provided for by Tit. XXI of the federal Social 28 Security Act and section 514I.10 . 29 3. “Department” means the department of health and human 30 services. 31 4. “Director” means the director of health and human 32 services. 33 5. “Eligible child” means an individual who meets the 34 criteria for participation in the program under section 514I.8 . 35 -220- HF 2574.4054 (3) 90 ss/ns 220/ 237
6. “Hawki board” or “board” means the entity which adopts 1 rules and establishes policy for, and directs the department 2 regarding, the Hawki program. 3 7. 6. “Hawki program” or “program” means the healthy and 4 well kids in Iowa program created in this chapter to provide 5 health insurance coverage to eligible children. 6 8. 7. “Health insurance coverage” means health insurance 7 coverage as defined in 42 U.S.C. §300gg-91. 8 8. “Medical assistance advisory council” or “advisory 9 council” means the medical assistance advisory council created 10 in section 249A.4B. 11 9. “Participating insurer” means any of the following: 12 a. An entity licensed by the division of insurance 13 of the department of insurance and financial services to 14 provide health insurance in Iowa that has contracted with the 15 department to provide health insurance coverage to eligible 16 children under this chapter . 17 b. A managed care organization acting pursuant to a contract 18 with the department to administer the Hawki program. 19 10. “Qualified child health plan” or “plan” means health 20 insurance coverage provided by a participating insurer under 21 this chapter . 22 Sec. 478. Section 514I.4, Code 2024, is amended to read as 23 follows: 24 514I.4 Director and department —— duties —— powers. 25 1. The director, with the approval of the Hawki board 26 medical assistance advisory council , shall implement this 27 chapter . The director shall do all of the following: 28 a. At least every six months, evaluate the scope of the 29 program currently being provided under this chapter , project 30 the probable cost of continuing the program, and compare 31 the probable cost with the remaining balance of the state 32 appropriation made for payment of assistance under this chapter 33 during the current appropriation period. The director shall 34 report the findings of the evaluation to the board advisory 35 -221- HF 2574.4054 (3) 90 ss/ns 221/ 237
council and shall annually report findings to the governor and 1 the general assembly by January 1. 2 b. Establish premiums to be paid to participating insurers 3 for provision of health insurance coverage. 4 c. Contract with participating insurers to provide health 5 insurance coverage under this chapter . 6 d. Recommend to the board advisory council proposed rules 7 necessary to implement the program. 8 e. Recommend to the board individuals to serve as members of 9 the clinical advisory committee. 10 2. a. The director, with the approval of the board advisory 11 council , may contract with participating insurers to provide 12 dental-only services. 13 b. The director, with the approval of the board advisory 14 council , may contract with participating insurers to provide 15 the supplemental dental-only coverage to otherwise eligible 16 children who have private health care coverage as specified in 17 the federal Children’s Health Insurance Program Reauthorization 18 Act of 2009, Pub. L. No. 111-3. 19 3. The department may enter into contracts with other 20 persons whereby the other person provides some or all of the 21 functions, pursuant to rules adopted by the board advisory 22 council , which are required of the director or the department 23 under this section . All contracts entered into pursuant to 24 this section shall be made available to the public. 25 4. The department shall do or shall provide for all of the 26 following: 27 a. Determine eligibility for program enrollment as 28 prescribed by federal law and regulation, using policies and 29 procedures adopted by rule of the department pursuant to 30 chapter 17A . The department shall not enroll a child who has 31 group health coverage unless expressly authorized by such 32 rules. 33 b. Enroll qualifying children in the program with 34 maintenance of a supporting eligibility file or database. 35 -222- HF 2574.4054 (3) 90 ss/ns 222/ 237
c. Utilize the department’s eligibility system to maintain 1 eligibility files with pertinent eligibility determination and 2 ongoing enrollment information including but not limited to 3 data regarding beneficiaries, enrollment dates, disenrollments, 4 and annual financial redeterminations. 5 d. Provide for administrative oversight and monitoring of 6 federal requirements. 7 e. Perform annual financial reviews of eligibility for each 8 beneficiary. 9 f. Collect and track monthly family premiums to assure that 10 payments are current. 11 g. Notify each participating insurer of new program 12 enrollees who are enrolled by the department in that 13 participating insurer’s plan. 14 h. Verify the number of program enrollees with each 15 participating insurer for determination of the amount of 16 premiums to be paid to each participating insurer. 17 i. Maintain data for the purpose of quality assurance 18 reports as required by rule of the board advisory council . 19 j. (1) Establish the family cost sharing amounts for 20 children of families with incomes of one hundred fifty percent 21 or more but not exceeding two hundred percent of the federal 22 poverty level, of not less than ten dollars per individual 23 and twenty dollars per family, if not otherwise prohibited by 24 federal law, with the approval of the board advisory council . 25 (2) Establish for children of families with incomes 26 exceeding two hundred percent but not exceeding three hundred 27 percent of the federal poverty level, family cost sharing 28 amounts, and graduated premiums based on a rationally developed 29 sliding fee schedule, in accordance with federal law, with the 30 approval of the board advisory council . 31 k. Perform annual, random reviews of enrollee applications 32 to ensure compliance with program eligibility and enrollment 33 policies. Quality assurance reports shall be made to the 34 board advisory council based upon the data maintained by the 35 -223- HF 2574.4054 (3) 90 ss/ns 223/ 237
department. 1 l. Perform other duties as determined by the board advisory 2 council . 3 Sec. 479. Section 514I.5, Code 2024, is amended to read as 4 follows: 5 514I.5 Hawki board Medical assistance advisory council —— 6 duties . 7 1. A Hawki board for the Hawki program is established. The 8 board shall meet not less than six and not more than twelve 9 times annually, for the purposes of establishing medical 10 assistance advisory council shall establish policy for, 11 directing direct the department on, and adopting adopt rules 12 for the Hawki program. The board shall consist of seven voting 13 members and four ex officio, nonvoting members, including all 14 of the following: 15 a. The commissioner of insurance, or the commissioner’s 16 designee. 17 b. The director of the department of education, or the 18 director’s designee. 19 c. The director of health and human services, or the 20 director’s designee. 21 d. Four public members appointed by the governor and 22 subject to confirmation by the senate. The public members 23 shall be members of the general public who have experience, 24 knowledge, or expertise in the subject matter embraced within 25 this chapter . 26 e. Two members of the senate and two members of the house of 27 representatives, serving as ex officio, nonvoting members. The 28 legislative members of the board shall be appointed one each 29 by the majority leader of the senate, after consultation with 30 the president of the senate, and by the minority leader of the 31 senate, and by the speaker of the house of representatives, 32 after consultation with the majority leader of the house of 33 representatives, and by the minority leader of the house 34 of representatives. Legislative members shall receive 35 -224- HF 2574.4054 (3) 90 ss/ns 224/ 237
compensation pursuant to section 2.12 . 1 2. Members appointed by the governor shall serve two-year 2 staggered terms as designated by the governor, and legislative 3 members of the board shall serve two-year terms. The filling 4 of positions reserved for the public representatives, 5 vacancies, membership terms, payment of compensation and 6 expenses, and removal of the members are governed by chapter 7 69 . Members of the board are entitled to receive reimbursement 8 of actual expenses incurred in the discharge of their duties. 9 Public members of the board are also eligible to receive 10 compensation as provided in section 7E.6 . A majority of the 11 voting members constitutes a quorum and the affirmative vote 12 of a majority of the voting members is necessary for any 13 substantive action to be taken by the board. The members 14 shall select a chairperson on an annual basis from among the 15 membership of the board. 16 3. 2. The board advisory council shall approve any contract 17 entered into pursuant to this chapter . All contracts entered 18 into pursuant to this chapter shall be made available to the 19 public. 20 4. The department shall act as support staff to the board. 21 5. The board may receive and accept grants, loans, or 22 advances of funds from any person and may receive and accept 23 from any source contributions of money, property, labor, or any 24 other thing of value, to be held, used, and applied for the 25 purposes of the program. 26 6. 3. The Hawki board medical assistance advisory council 27 shall do all of the following: 28 a. Define, in consultation with the department, the regions 29 of the state for which plans are offered in a manner as to 30 ensure access to services for all children participating in the 31 program. 32 b. Approve the benefit package design, review the benefit 33 package design on a periodic basis, and make necessary changes 34 in the benefit design to reflect the results of the periodic 35 -225- HF 2574.4054 (3) 90 ss/ns 225/ 237
reviews. 1 c. Develop, with the assistance of the department, an 2 outreach plan, and provide for periodic assessment of the 3 effectiveness of the outreach plan. The plan shall provide 4 outreach to families of children likely to be eligible 5 for assistance under the program, to inform them of the 6 availability of and to assist the families in enrolling 7 children in the program. The outreach efforts may include, but 8 are not limited to, solicitation of cooperation from programs, 9 agencies, and other persons who are likely to have contact 10 with eligible children, including but not limited to those 11 associated with the educational system, and the development 12 of community plans for outreach and marketing. Other state 13 agencies shall assist the department in data collection related 14 to outreach efforts to potentially eligible children and their 15 families. 16 d. In consultation with the clinical advisory committee, 17 assess the initial health status of children participating in 18 the program, establish a baseline for comparison purposes, and 19 develop appropriate indicators to measure the subsequent health 20 status of children participating in the program. 21 e. Review, in consultation with the department, and take 22 necessary steps to improve interaction between the program and 23 other public and private programs which provide services to the 24 population of eligible children. 25 f. By January 1, annually, prepare, with the assistance 26 of the department, and submit a report to the governor, the 27 general assembly, and the council on health and human services, 28 concerning the board’s advisory council’s activities, findings, 29 and recommendations. 30 g. Solicit input from the public regarding the program and 31 related issues and services. 32 h. Establish and consult with a clinical advisory committee 33 to make recommendations to the board regarding the clinical 34 aspects of the Hawki program. 35 -226- HF 2574.4054 (3) 90 ss/ns 226/ 237
i. Prescribe the elements to be included in a health 1 improvement program plan required to be developed by a 2 participating insurer. The elements shall include but are not 3 limited to health maintenance and prevention and health risk 4 assessment. 5 j. Establish an advisory committee to make Make 6 recommendations to the board and to the general assembly 7 by January 1 annually concerning the provision of health 8 insurance coverage to children with special health care needs. 9 The committee shall include individuals with experience in, 10 knowledge of, or expertise in this area. The recommendations 11 shall address, but are not limited to, all of the following: 12 (1) The definition of the target population of children 13 with special health care needs for the purposes of determining 14 eligibility under the program. 15 (2) Eligibility options for and assessment of children with 16 special health care needs for eligibility. 17 (3) Benefit options for children with special health care 18 needs. 19 (4) Options for enrollment of children with special health 20 care needs in and disenrollment of children with special health 21 care needs from qualified child health plans utilizing a 22 capitated fee form of payment. 23 (5) The appropriateness and quality of care for children 24 with special health care needs. 25 (6) The coordination of health services provided for 26 children with special health care needs under the program with 27 services provided by other publicly funded programs. 28 k. Develop options and recommendations to allow children 29 eligible for the Hawki program to participate in qualified 30 employer-sponsored health plans through a premium assistance 31 program. The options and recommendations shall ensure 32 reasonable alignment between the benefits and costs of 33 the Hawki program and the employer-sponsored health plans 34 consistent with federal law. In addition, the board advisory 35 -227- HF 2574.4054 (3) 90 ss/ns 227/ 237
council shall implement the premium assistance program options 1 described under the federal Children’s Health Insurance Program 2 Reauthorization Act of 2009, Pub. L. No. 111-3, for the Hawki 3 program. 4 7. 4. The Hawki board medical assistance advisory council , 5 in consultation with the department, shall adopt rules 6 which address, but are not limited to addressing, all of the 7 following: 8 a. Implementation and administration of the program. 9 b. Qualifying standards for selecting participating insurers 10 for the program. 11 c. The benefits to be included in a qualified child health 12 plan which are those included in a benchmark or benchmark 13 equivalent plan and which comply with Tit. XXI of the federal 14 Social Security Act. Benefits covered shall include but are 15 not limited to all of the following: 16 (1) Inpatient hospital services including medical, 17 surgical, intensive care unit, mental health, and substance use 18 disorder services. 19 (2) Nursing care services including skilled nursing 20 facility services. 21 (3) Outpatient hospital services including emergency room, 22 surgery, lab, and x-ray services and other services. 23 (4) Physician services, including surgical and medical, and 24 including office visits, newborn care, well-baby and well-child 25 care, immunizations, urgent care, specialist care, allergy 26 testing and treatment, mental health visits, and substance use 27 disorder visits. 28 (5) Ambulance services. 29 (6) Physical therapy. 30 (7) Speech therapy. 31 (8) Durable medical equipment. 32 (9) Home health care. 33 (10) Hospice services. 34 (11) Prescription drugs. 35 -228- HF 2574.4054 (3) 90 ss/ns 228/ 237
(12) Dental services including preventive services. 1 (13) Medically necessary hearing services. 2 (14) Vision services including corrective lenses. 3 (15) Translation and interpreter services as specified 4 pursuant to the federal Children’s Health Insurance Program 5 Reauthorization Act of 2009, Pub. L. No. 111-3. 6 (16) Chiropractic services. 7 (17) Occupational therapy. 8 d. Presumptive eligibility criteria for the program. 9 Beginning January 1, 2010, presumptive Presumptive eligibility 10 shall be provided for eligible children. 11 e. The amount of any cost sharing under the program which 12 shall be assessed based on family income and which complies 13 with federal law. 14 f. The reasons for disenrollment including, but not limited 15 to, nonpayment of premiums, eligibility for medical assistance 16 or other insurance coverage, admission to a public institution, 17 relocation from the area, and change in income. 18 g. Conflict of interest provisions applicable to 19 participating insurers and between public members of the board 20 advisory council and participating insurers. 21 h. Penalties for breach of contract or other violations of 22 requirements or provisions under the program. 23 i. A mechanism for participating insurers to report any 24 rebates received to the department. 25 j. The data to be maintained by the department including 26 data to be collected for the purposes of quality assurance 27 reports. 28 k. The use of provider guidelines in assessing the 29 well-being of children, which may include the use of the bright 30 futures for infants, children, and adolescents program as 31 developed by the federal maternal and child health bureau and 32 the American academy of pediatrics guidelines for well-child 33 care. 34 8. 5. a. The Hawki board medical assistance advisory 35 -229- HF 2574.4054 (3) 90 ss/ns 229/ 237
council may provide approval to the director to contract with 1 participating insurers to provide dental-only services. In 2 determining whether to provide such approval to the director, 3 the board advisory council shall take into consideration the 4 impact on the overall program of single source contracting for 5 dental services. 6 b. The Hawki board medical assistance advisory council may 7 provide approval to the director to contract with participating 8 insurers to provide the supplemental dental-only coverage 9 to otherwise eligible children who have private health 10 care coverage as specified in the federal Children’s Health 11 Insurance Program Reauthorization Act of 2009, Pub. L. No. 12 111-3. 13 9. 6. The Hawki board medical assistance advisory 14 council shall monitor the capacity of Medicaid managed 15 care organizations acting pursuant to a contract with the 16 department to administer the Hawki program to specifically 17 and appropriately address the unique needs of children and 18 children’s health delivery. 19 Sec. 480. Section 514I.6, subsection 4, paragraph d, Code 20 2024, is amended to read as follows: 21 d. Other information as directed by the board advisory 22 council . 23 Sec. 481. Section 514I.6, subsection 5, Code 2024, is 24 amended to read as follows: 25 5. Submit a plan for a health improvement program to the 26 department, for approval by the board advisory council . 27 Sec. 482. Section 514I.8, subsection 2, paragraph e, Code 28 2024, is amended to read as follows: 29 e. Is not currently covered under a group health plan as 30 defined in 42 U.S.C. §300gg-91(a)(1) unless allowed by rule of 31 the board advisory council . 32 Sec. 483. Section 514I.8, subsection 3, Code 2024, is 33 amended to read as follows: 34 3. In accordance with the rules adopted by the board 35 -230- HF 2574.4054 (3) 90 ss/ns 230/ 237
advisory council , a child may be determined to be presumptively 1 eligible for the program pending a final eligibility 2 determination. Following final determination of eligibility, 3 a child shall be eligible for a twelve-month period. At the 4 end of the twelve-month period, a review of the circumstances 5 of the child’s family shall be conducted to establish 6 eligibility and cost sharing for the subsequent twelve-month 7 period. Pending such review of the circumstances of the 8 child’s family, the child shall continue to be eligible for 9 and remain enrolled in the same plan if the family complies 10 with requirements to provide information and verification of 11 income, otherwise cooperates in the annual review process, 12 and submits the completed review form and any information 13 necessary to establish continued eligibility in a timely manner 14 in accordance with administrative rules. 15 Sec. 484. Section 514I.9, subsection 1, Code 2024, is 16 amended to read as follows: 17 1. The Hawki board advisory council shall review the 18 benefits package annually and shall determine additions to 19 or deletions from the benefits package offered. The Hawki 20 board advisory council shall submit the recommendations to the 21 general assembly for any amendment to the benefits package. 22 DIVISION XXI 23 AUTISM COUNCIL ELIMINATION AND CREATION OF IOWA SPECIAL 24 EDUCATION COUNCIL 25 Sec. 485. NEW SECTION . 256.35B Iowa special education 26 council. 27 1. An Iowa special education council is created to act in an 28 advisory capacity to the department in promoting, directing, 29 and supervising education for children requiring special 30 education in the schools under the supervision and control of 31 the department. 32 2. The council shall consist of seven voting members 33 appointed by the governor and confirmed by the senate. Each of 34 the following shall be represented among the voting members: 35 -231- HF 2574.4054 (3) 90 ss/ns 231/ 237
a. One member who is a parent or guardian of a student who 1 has a disability in obtaining an education because of autism. 2 b. One member who is a parent or guardian of a student 3 who has a disability in obtaining an education because of a 4 behavioral disorder. 5 c. One member who is a parent or guardian of a student who 6 has a disability in obtaining an education because of physical 7 disability. 8 d. One member who is a parent or guardian of a student who 9 has a disability in obtaining an education because of mental 10 learning disability or head injury. 11 e. One member who is a parent or guardian of a student 12 who has a disability in obtaining an education because of a 13 communication learning disability. 14 f. One member who is a parent or guardian of a student who 15 has a disability in obtaining an education because of dyslexia. 16 g. One member who is a special education teacher. 17 3. Voting members shall serve three-year terms beginning 18 and ending as provided in section 69.19, and appointments shall 19 comply with section 69.16. Vacancies on the council shall 20 be filled in the same manner as the original appointment. A 21 person appointed to fill a vacancy shall serve only for the 22 unexpired portion of the term. Public members shall receive 23 reimbursement for actual expenses incurred while serving in 24 their official capacity and may also be eligible to receive 25 compensation as provided in section 7E.6. 26 4. The council shall elect a chairperson from its voting 27 members annually. A majority of the voting members of the 28 council shall constitute a quorum. 29 5. The department shall convene and provide administrative 30 support to the council. 31 Sec. 486. REPEAL. Section 256.35A, Code 2024, is repealed. 32 Sec. 487. EFFECTIVE DATE. This division of this Act takes 33 effect July 1, 2025. 34 DIVISION XXII 35 -232- HF 2574.4054 (3) 90 ss/ns 232/ 237
TRANSITION PROVISIONS 1 Sec. 488. TRANSITION PROVISIONS. 2 1. A rule adopted by a government body eliminated in this 3 Act that is in force and effect immediately prior to the 4 effective date of this division of this Act shall continue in 5 full force and effect until the earlier of the following: 6 a. The rule is amended, rescinded, or supplemented by the 7 affirmative action of the board of pharmacy, state historical 8 society board of trustees, board of education, employment 9 appeal board, economic development authority board, human 10 rights board, or the government body under which the former 11 government body was organized. 12 b. The rule expires by its own terms. 13 2. Any license or permit issued by a government body 14 eliminated in this Act in effect on the effective date of this 15 division of this Act shall continue in full force and effect 16 until expiration or renewal. 17 3. a. Any moneys in any account or fund of, and all client 18 and organizational files in the possession of, the prescription 19 monitoring program advisory council shall be transferred to the 20 control of the board of pharmacy. 21 b. Any moneys in any account or fund of, and all client and 22 organizational files in the possession of, the secondary road 23 fund distribution committee shall be transferred to the control 24 of the state transportation commission. 25 c. Any moneys in any account or fund of, and all client and 26 organizational files in the possession of, the state historical 27 records advisory board shall be transferred to the control of 28 the board of trustees of the state historical society. 29 d. Any moneys in any account or fund of, and all client and 30 organizational files in the possession of, the state board of 31 preserves or farmer advisory committee shall be transferred to 32 the control of the natural resource commission. 33 e. Any moneys in any account or fund of, and all client 34 and organizational files in the possession of, the community 35 -233- HF 2574.4054 (3) 90 ss/ns 233/ 237
college council or nonpublic school advisory committee shall be 1 transferred to the control of the board of education. 2 f. Any moneys in any account or fund of, and all client 3 and organizational files in the possession of, the public 4 employment relations board shall be transferred to the control 5 of the employment appeal board. 6 g. Any moneys in any account or fund of, and all client 7 and organizational files in the possession of, the enhance 8 Iowa board shall be transferred to the control of the economic 9 development authority board. 10 h. Any moneys in any account or fund of, and all client and 11 organizational files in the possession of, the advisory council 12 on brain injuries, children’s behavioral health system state 13 board, congenital and inherited disorders advisory committee, 14 emergency medical services advisory council, family development 15 and self-sufficiency council, justice advisory board, trauma 16 system advisory council, or Iowa collaboration for youth 17 development council shall be transferred to the control of the 18 council on health and human services. 19 i. Any moneys in any account or fund of, and all client 20 and organizational files in the possession of, the commissions 21 on the status of African Americans or the status of women, 22 the commissions of Asian and Pacific Islanders, persons with 23 disabilities, or Native Americans, or the Latino affairs 24 commission shall be transferred to the control of the human 25 rights board. 26 j. Any moneys in any account or fund of, and all client and 27 organizational files in the possession of, the healthy and well 28 kids in Iowa board or advisory committee shall be transferred 29 to the control of the medical assistance advisory council. 30 k. Any moneys in any account or fund of, and all client and 31 organizational files in the possession of, the dual party relay 32 council shall be transferred to the control of the commission 33 of deaf services. 34 l. Any moneys in any account or fund of, and all client and 35 -234- HF 2574.4054 (3) 90 ss/ns 234/ 237
organizational files in the possession of, any other board, 1 council, committee, or commission eliminated in this Act shall 2 be transferred to the control of the state agency or department 3 under which the board, council, committee, or commission was 4 organized. 5 4. a. Any cause of action, statute of limitation, 6 or administrative action relating to or initiated by the 7 prescription monitoring program advisory council shall not be 8 affected as a result of this Act and shall apply to the board 9 of pharmacy. 10 b. Any cause of action, statute of limitation, or 11 administrative action relating to or initiated by the secondary 12 road fund distribution committee shall not be affected as a 13 result of this Act and shall apply to the state transportation 14 commission. 15 c. Any cause of action, statute of limitation, or 16 administrative action relating to or initiated by the state 17 historical records advisory board shall not be affected as a 18 result of this Act and shall apply to the board of trustees of 19 the state historical society. 20 d. Any cause of action, statute of limitation, or 21 administrative action relating to or initiated by the state 22 board of preserves or farmer advisory committee shall not be 23 affected as a result of this Act and shall apply to the natural 24 resource commission. 25 e. Any cause of action, statute of limitation, or 26 administrative action relating to or initiated by the community 27 college council or nonpublic school advisory committee shall 28 not be affected as a result of this Act and shall apply to the 29 board of education. 30 f. Any cause of action, statute of limitation, or 31 administrative action relating to or initiated by the public 32 employment relations board shall not be affected as a result of 33 this Act and shall apply to the employment appeal board. 34 g. Any cause of action, statute of limitation, or 35 -235- HF 2574.4054 (3) 90 ss/ns 235/ 237
administrative action relating to or initiated by the enhance 1 Iowa board shall not be affected as a result of this Act and 2 shall apply to the economic development authority board. 3 h. Any cause of action, statute of limitation, or 4 administrative action relating to or initiated by the advisory 5 council on brain injuries, children’s behavioral health system 6 state board, congenital and inherited disorders advisory 7 committee, emergency medical services advisory council, family 8 development and self-sufficiency council, justice advisory 9 board, trauma system advisory council, or Iowa collaboration 10 for youth development council shall not be affected as a result 11 of this Act and shall apply to the council on health and human 12 services. 13 i. Any cause of action, statute of limitation, or 14 administrative action relating to or initiated by the 15 commissions on the status of African Americans or the status of 16 women, the commissions of Asian and Pacific Islanders, persons 17 with disabilities, or Native Americans, or the Latino affairs 18 commission shall not be affected as a result of this Act and 19 shall apply to the human rights board. 20 j. Any cause of action, statute of limitation, or 21 administrative action relating to or initiated by the healthy 22 and well kids in Iowa board or advisory committee shall not be 23 affected as a result of this Act and shall apply to the medical 24 assistance advisory council. 25 k. Any cause of action, statute of limitation, or 26 administrative action relating to or initiated by the dual 27 party relay council shall not be affected as a result of this 28 Act and shall apply to the commission of deaf services. 29 l. Any cause of action, statute of limitation, or 30 administrative action relating to or initiated by any other 31 board, council, committee, or commission eliminated in this Act 32 shall not be affected as a result of this Act and shall apply to 33 the state agency or department under which the board, council, 34 committee, or commission was organized. 35 -236- HF 2574.4054 (3) 90 ss/ns 236/ 237
5. Any personnel in the state merit system of employment 1 who are mandatorily transferred due to the effect of this Act 2 shall be so transferred without any loss in salary, benefits, 3 or accrued years of service. 4 6. a. Except as otherwise provided, nothing in this Act 5 shall affect the appointment or any term of office of a member 6 of any board, council, commission, committee, or other similar 7 entity of the state established by the Code prior to the 8 effective date of this division of this Act. 9 b. Notwithstanding any other provision to the contrary 10 in this Act, the terms of all members serving on any board, 11 council, commission, committee, or other similar entity merged, 12 consolidated, or eliminated by this Act, or any such entity 13 with fewer members or reduced term lengths for current members 14 resulting from the provisions of this Act, shall terminate on 15 the effective date of this division of this Act. 16 c. Except for those boards, councils, commissions, 17 committees, or other similar entities eliminated by this Act, 18 the governor or other appointing or designating authority shall 19 appoint or designate new members to the boards, councils, 20 commissions, committees, or other similar entities provided 21 for in this subsection on or before the effective date of this 22 division of this Act. The governor or other appointing or 23 designating authority shall determine the length of the initial 24 terms of office for each respective position, but in any event 25 shall stagger such terms, beginning and ending as otherwise 26 provided by law. > 27 2. Title page, line 2, after < including > by inserting 28 < effective date and > 29 ______________________________ BLOOMINGDALE of Worth -237- HF 2574.4054 (3) 90 ss/ns 237/ 237 #2.