House File 2574 H-8324 Amend House File 2574 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 ESTABLISHMENT AND REVIEW OF BOARDS, COMMISSIONS, COMMITTEES, 5 AND COUNCILS 6 Section 1. NEW SECTION . 2.69 Definitions. 7 As used in this subchapter, unless the context otherwise 8 requires: 9 1. “Board” means any board, commission, committee, council, 10 panel, review team, or foundation of this state. 11 2. “Committee” means the state government efficiency review 12 committee established pursuant to this subchapter. 13 Sec. 2. NEW SECTION . 2.70 Committee —— duties. 14 1. The committee shall carry out the functions provided in 15 this subchapter. 16 2. Administrative assistance shall be provided by the 17 legislative services agency. 18 Sec. 3. NEW SECTION . 2.71 Board reviews. 19 1. The committee shall review the usefulness, performance, 20 and efficacy of each board as provided in subsection 2. The 21 committee shall hold hearings to receive the testimony of the 22 public, the chief executive officer of the board, and any other 23 person deemed necessary by the committee. After completing a 24 review, the committee shall prepare and publish a report of its 25 findings and recommendations as provided in section 2.72. 26 2. The committee shall establish a schedule for the 27 committee to review each board such that the committee reviews 28 approximately one-fourth of all boards each calendar year. 29 Each board shall be reviewed once between the calendar years 30 2025 and 2029, and once every four years thereafter. The 31 committee may modify the schedule as necessary to facilitate 32 the efficient administration of the committee. 33 3. A board that is scheduled for review shall submit a 34 report to the committee thirty days prior to the date that it 35 -1- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 1/ 236 #1.
is scheduled for review that includes all of the following 1 information: 2 a. The board’s primary purpose and its goals and objectives. 3 b. The board’s past and anticipated workload, the number of 4 staff required to complete that workload, and the board’s total 5 number of staff. 6 c. The board’s past and anticipated budgets and its sources 7 of funding. 8 d. The number of members that compose the governing board or 9 other governing entity of the board and member compensation, 10 if any. 11 e. Any other information requested by the committee. 12 4. A board subject to review shall bear the burden of 13 demonstrating to the committee a public need for its continued 14 existence. In determining whether a board has met that 15 burden, the committee shall consider all of the following, as 16 applicable: 17 a. Whether continuation of the board is necessary to protect 18 the health or safety of the public, and if so, the manner in 19 which it is necessary and whether the board’s authority is 20 narrowly tailored to protect against present, recognizable, and 21 significant harms to the health or safety of the public. 22 b. The extent to which the board’s jurisdiction and programs 23 overlap or duplicate those of other boards, the extent to which 24 the board coordinates with those other boards, and the extent 25 to which the board’s programs could be consolidated with the 26 programs of other state departments or boards. 27 c. Whether the operation of the board has inhibited economic 28 growth, reduced efficiency, or increased government costs. 29 d. The cost-effectiveness of the board in terms of the 30 number of employees, services rendered, and administrative 31 costs incurred, both past and present. 32 e. Whether the purpose for which the board was created has 33 been fulfilled, has changed, or no longer exists. 34 Sec. 4. NEW SECTION . 2.72 Reports. 35 -2- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 2/ 236
1. After completing a review of a board pursuant to section 1 2.71, the committee shall prepare and submit a report of its 2 findings and recommendations by December 21 of each year. 3 A report may include findings and recommendations for more 4 than one board. Copies of the report shall be made publicly 5 available on the general assembly’s internet site. 6 2. Recommendations of the committee shall indicate how or 7 whether implementation of the recommendations would do each of 8 the following: 9 a. Improve efficiency in the management of state government. 10 b. Provide for the least restrictive regulations by 11 repealing current regulations and replacing them with less 12 restrictive regulations. 13 c. Improve the effectiveness of the services performed by 14 the boards of the state. 15 d. Avoid duplication of effort by state agencies or boards. 16 e. Improve the organization and coordination of the state 17 government. 18 Sec. 5. NEW SECTION . 2.73 State government efficiency 19 review committee established. 20 1. A state government efficiency review committee is 21 established which shall meet as necessary to efficiently 22 review all boards according to the schedule established by the 23 committee pursuant to section 2.71. 24 2. a. (1) The committee shall consist of two members of 25 the senate appointed by the majority leader of the senate, one 26 member of the senate appointed by the minority leader of the 27 senate, two members of the house of representatives appointed 28 by the speaker of the house of representatives, and one member 29 of the house of representatives appointed by the minority 30 leader of the house of representatives. 31 (2) The following shall serve as ex officio, nonvoting 32 members of the committee: 33 (a) An employee of the office of the governor, appointed by 34 the governor. 35 -3- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 3/ 236
(b) The director of the department of management or the 1 director’s designee. 2 (c) The director of the department of inspections, appeals, 3 and licensing or the director’s designee. 4 b. Members shall be appointed prior to January 31 of the 5 first regular session of each general assembly and shall serve 6 for terms ending upon the convening of the following general 7 assembly or when their successors are appointed, whichever is 8 later. A vacancy shall be filled in the same manner as the 9 original appointment and shall be for the remainder of the 10 unexpired term of the vacancy. 11 c. The committee shall elect a chairperson and vice 12 chairperson. 13 3. The legislative members of the committee shall be 14 reimbursed for actual and necessary expenses incurred in the 15 performance of their duties and shall be paid a per diem as 16 specified in section 2.10 for each day in which they engaged 17 in the performance of their duties. However, per diem 18 compensation and expenses shall not be paid to members of the 19 general assembly when the general assembly is actually in 20 session at the seat of government. Expenses and per diem shall 21 be paid from moneys appropriated pursuant to section 2.12. 22 4. Administrative assistance shall be provided by the 23 legislative services agency. 24 Sec. 6. REPEAL. Sections 2.69 and 3.20, Code 2024, are 25 repealed. 26 Sec. 7. CODE EDITOR DIRECTIVE —— TRANSFERS. 27 1. The Code editor is directed to make the following 28 transfers: 29 a. Section 69.15 to section 2.74. 30 b. Section 69.16 to section 2.75. 31 c. Section 69.16A to section 2.76. 32 d. Section 69.16B to section 2.77. 33 e. Section 69.16C to section 2.78. 34 f. Section 69.16D to section 2.79. 35 -4- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 4/ 236
g. Section 69.16E to section 2.80. 1 h. Section 69.17 to section 2.81. 2 2. The Code editor shall correct internal references in the 3 Code and in any enacted legislation as necessary due to the 4 enactment of this section. 5 DIVISION II 6 PROFESSIONAL BOARDS 7 Sec. 8. Section 10A.503, subsection 1, Code 2024, is amended 8 to read as follows: 9 1. Each board under chapter 100C , 103 , 103A , 105 , or 147 10 that is under the administrative authority of the department 11 shall receive administrative and clerical staff support from 12 the department and may not employ its own support staff for 13 administrative and clerical duties . The executive director 14 of the board of nursing, board of medicine, dental board, 15 and board of pharmacy shall be appointed pursuant to section 16 10A.504 . 17 Sec. 9. Section 10A.504, subsection 1, unnumbered paragraph 18 1, Code 2024, is amended to read as follows: 19 The director shall appoint and supervise a full-time an 20 executive director for each of the following boards: 21 Sec. 10. Section 103.4, Code 2024, is amended to read as 22 follows: 23 103.4 Executive secretary —— staff and duties Support staff . 24 The director shall appoint an executive secretary for the 25 board and shall hire and provide staff to assist the board 26 in administering this chapter . The executive secretary 27 shall report to the director for purposes of routine board 28 administrative functions, and shall report directly to 29 the board for purposes of execution of board policy such 30 as application of licensing criteria and processing of 31 applications. 32 Sec. 11. Section 103.34, subsection 1, Code 2024, is amended 33 to read as follows: 34 1. Upon receipt of a notice of appeal filed pursuant 35 -5- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 5/ 236
to section 103.33 , the chairperson or executive secretary 1 administrative staff of the board may designate a hearing 2 officer from among the board members to hear the appeal or 3 may set the matter for hearing before the full board at its 4 next regular meeting. A majority of the board shall make the 5 decision. 6 Sec. 12. Section 147.80, subsection 3, Code 2024, is amended 7 by striking the subsection. 8 Sec. 13. Section 147.87, Code 2024, is amended to read as 9 follows: 10 147.87 Enforcement. 11 1. A board shall enforce the provisions of this chapter and 12 the board’s enabling statute and for that purpose may request 13 the department of inspections, appeals, and licensing to make 14 necessary investigations. Every licensee and member of a board 15 shall furnish the board or the department of inspections, 16 appeals, and licensing such evidence as the member or licensee 17 may have relative to any alleged violation which is being 18 investigated. 19 2. The department of inspections, appeals, and licensing 20 may administratively close a complaint that does not allege a 21 violation of this chapter, the board’s enabling statute, or a 22 rule of the board. 23 Sec. 14. Section 147.88, Code 2024, is amended to read as 24 follows: 25 147.88 Inspections and investigations. 26 The department of inspections, appeals, and licensing may 27 perform inspections and investigations as required by this 28 subtitle , except inspections and investigations for the board 29 of medicine, board of pharmacy, board of nursing, and the 30 dental board . The department of inspections, appeals, and 31 licensing shall employ personnel related to the inspection and 32 investigative functions. 33 Sec. 15. Section 152.2, Code 2024, is amended to read as 34 follows: 35 -6- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 6/ 236
152.2 Executive director. 1 The board shall retain a full-time An executive director , 2 who shall be appointed pursuant to section 10A.504 . The 3 executive director shall be a registered nurse. The governor, 4 with the approval of the executive council pursuant to section 5 8A.413, subsection 3 , under the pay plan for exempt positions 6 in the executive branch of government, shall set the salary of 7 the executive director. 8 Sec. 16. Section 152E.2, Code 2024, is amended to read as 9 follows: 10 152E.2 Compact administrator. 11 The executive director of the board of nursing, as 12 provided for in section 152.2 , director of the department 13 of inspections, appeals, and licensing, or the director’s 14 designee, shall serve as the compact administrator identified 15 in article VII, paragraph “b” , of the nurse licensure compact 16 contained in section 152E.1 and as the compact administrator 17 identified in article VIII, paragraph “a” , of the advanced 18 practice registered nurse compact contained in section 152E.3 . 19 Sec. 17. Section 153.36, subsection 1, Code 2024, is amended 20 to read as follows: 21 1. Sections 147.44 , 147.48 , 147.49 , 147.53 , and 147.55 , and 22 sections 147.87 through 147.92 shall not apply to the practice 23 of dentistry. 24 Sec. 18. Section 272C.6, subsection 1, Code 2024, is amended 25 to read as follows: 26 1. Disciplinary hearings held pursuant to this chapter 27 shall be heard by the board sitting as the hearing panel, or 28 by an administrative law judge, or by a panel of not less 29 than three board members who are licensed in the profession, 30 or by a panel of not less than three members appointed 31 pursuant to subsection 2 . Notwithstanding chapters 17A and 32 21 a disciplinary hearing shall be open to the public at the 33 discretion of the licensee. 34 Sec. 19. REPEAL. Sections 152.3 and 153.33B, Code 2024, 35 -7- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 7/ 236
are repealed. 1 DIVISION III 2 SALARIES —— CERTAIN BOARDS AND COUNCILS 3 Sec. 20. Section 217.2, subsection 1, Code 2024, is amended 4 by adding the following new paragraph: 5 NEW PARAGRAPH . d. The voting members of the council shall 6 receive an annual salary of ten thousand dollars, which shall 7 be paid from moneys appropriated to the department. 8 Sec. 21. Section 256.5, Code 2024, is amended to read as 9 follows: 10 256.5 Compensation and expenses. 11 The members of the state board shall receive an annual salary 12 of ten thousand dollars and shall be reimbursed for actual and 13 necessary expenses incurred while engaged in their official 14 duties. Members of the state board may also be eligible to 15 receive compensation as provided in section 7E.6 . All expense 16 moneys paid to the members pursuant to this section shall be 17 paid from funds moneys appropriated to the department. 18 Sec. 22. NEW SECTION . 262.3 Salary. 19 The eight members of the state board of regents selected 20 from the state at large shall receive an annual salary of ten 21 thousand dollars, which shall be paid from moneys appropriated 22 to the board. 23 DIVISION IV 24 LICENSURE STUDIES 25 Sec. 23. LICENSURE RENEWAL CYCLES STUDY. The department of 26 inspections, appeals, and licensing shall review all current 27 licensure renewal cycles for professional and occupational 28 licenses issued by a department, board, commission, or other 29 governmental entity. The department shall submit a report, 30 including proposed recommendations for a uniform renewal cycle 31 for all professional and occupational licenses, to the governor 32 and the general assembly by September 30, 2024. 33 Sec. 24. LICENSURE FEE STUDY. 34 1. The department of inspections, appeals, and licensing 35 -8- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 8/ 236
shall review fees imposed by a department, board, commission, 1 or other governmental entity for the issuance or renewal of a 2 professional or occupational license. The department shall 3 evaluate the fees based on the licensure fees imposed in 4 surrounding states and the operational costs of the licensing 5 functions of the entity. 6 2. The department shall submit a report, including proposed 7 fees, to the governor and the general assembly by September 30, 8 2024. 9 DIVISION V 10 ADVISORY BODIES 11 Sec. 25. Section 7E.3, subsection 3, Code 2024, is amended 12 by striking the subsection and inserting in lieu thereof the 13 following: 14 3. Advisory bodies. In addition to any boards, commissions, 15 committees, or councils specifically created by law, establish 16 and utilize other ad hoc advisory committees as determined 17 necessary by the head of the department or independent 18 agency. The department or independent agency shall establish 19 appointment provisions, membership terms, operating guidelines, 20 and any other operational requirements for committees 21 established pursuant to this subsection. Members of committees 22 under this general authority shall serve without compensation 23 but may be reimbursed for actual expenses. 24 Sec. 26. Section 15.105, Code 2024, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 12. The authority may establish and utilize 27 such ad hoc advisory committees as determined necessary by 28 the authority. The authority shall establish appointment 29 provisions, membership terms, operating guidelines, and any 30 other operational requirements for committees established 31 pursuant to this subsection. Members of committees established 32 pursuant to this subsection shall serve without compensation 33 but may be reimbursed for actual expenses. 34 Sec. 27. NEW SECTION . 152.3A Advisory committees. 35 -9- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 9/ 236
The board may establish and utilize such ad hoc advisory 1 committees as determined necessary by the board. The board 2 shall establish appointment provisions, membership terms, 3 operating guidelines, and any other operational requirements 4 for committees established pursuant to this section. Members 5 of committees established pursuant to this section shall serve 6 without compensation but may be reimbursed for actual expenses. 7 Sec. 28. Section 153.33, subsection 1, Code 2024, is amended 8 by adding the following new paragraph: 9 NEW PARAGRAPH . f. To establish and utilize such ad hoc 10 advisory committees as determined necessary by the board, 11 including an advisory committee on the practice of dental 12 hygiene. The board shall establish appointment provisions, 13 membership terms, operating guidelines, and any other 14 operational requirements for committees established pursuant 15 to this paragraph. Members of committees established pursuant 16 to this paragraph shall serve without compensation but may be 17 reimbursed for actual expenses. 18 Sec. 29. Section 256.7, Code 2024, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 35. Establish and utilize such ad hoc 21 advisory committees as determined necessary by the state 22 board. The state board shall establish appointment provisions, 23 membership terms, operating guidelines, and any other 24 operational requirements for committees established pursuant to 25 this subsection. Members of committees established pursuant 26 to this subsection shall serve without compensation but may be 27 reimbursed for actual expenses. 28 Sec. 30. Section 307A.2, Code 2024, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 7. 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 to 35 -10- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 10/ 236
this subsection. Members of committees established pursuant 1 to this subsection shall serve without compensation but may be 2 reimbursed for actual expenses. 3 Sec. 31. Section 455A.5, subsection 6, Code 2024, is amended 4 by adding the following new paragraph: 5 NEW PARAGRAPH . g. Establish and utilize such ad hoc 6 advisory committees as determined necessary by the commission. 7 The commission shall establish appointment provisions, 8 membership terms, operating guidelines, and any other 9 operational requirements for committees established pursuant 10 to this paragraph. Members of committees established pursuant 11 to this paragraph shall serve without compensation but may be 12 reimbursed for actual expenses. 13 Sec. 32. Section 455A.6, subsection 6, Code 2024, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . e. Establish and utilize such ad hoc 16 advisory committees as determined necessary by the commission. 17 The commission shall establish appointment provisions, 18 membership terms, operating guidelines, and any other 19 operational requirements for committees established pursuant 20 to this paragraph. Members of committees established pursuant 21 to this paragraph shall serve without compensation but may be 22 reimbursed for actual expenses. 23 Sec. 33. Section 904.105, Code 2024, is amended by adding 24 the following new subsection: 25 NEW SUBSECTION . 9A. Establish and utilize such ad hoc 26 advisory committees as determined necessary by the board. The 27 board shall establish appointment provisions, membership terms, 28 operating guidelines, and any other operational requirements 29 for committees established pursuant to this subsection. 30 Members of committees established pursuant to this subsection 31 shall serve without compensation but may be reimbursed for 32 actual expenses. 33 DIVISION VI 34 ELECTRONIC MEETINGS 35 -11- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 11/ 236
Sec. 34. Section 21.8, subsection 1, unnumbered paragraph 1 1, Code 2024, is amended to read as follows: 2 A governmental body may conduct a meeting by electronic 3 means only in circumstances where such a meeting in person is 4 impossible or impractical and only if the governmental body 5 complies shall provide for hybrid meetings, teleconference 6 participation, virtual meetings, remote participation, and 7 other hybrid options for the members of the governmental body 8 to participate in official meetings. A governmental body 9 conducting a meeting pursuant to this subsection shall comply 10 with all of the following: 11 Sec. 35. Section 21.8, subsection 1, paragraph c, Code 2024, 12 is amended to read as follows: 13 c. Minutes are kept of the meeting. The minutes shall 14 include a statement explaining why a meeting in person was 15 impossible or impractical. 16 Sec. 36. Section 21.8, Code 2024, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 4. For the purposes of this section: 19 a. “Hybrid meeting” means a meeting involving both remote 20 participation and in-person participation by members. 21 b. “Remote participation” means real-time participation by 22 a remotely located individual in a meeting which is being held 23 in a different physical location using integrated audio, video, 24 and other digital tools. 25 c. “Teleconference participation” means participation using 26 audio conference tools involving multiple participants in at 27 least two separate locations. 28 d. “Virtual meeting” means a meeting involving real-time 29 interaction using integrated audio, video, and other digital 30 tools, in which participants do not share a physical location. 31 DIVISION VII 32 MEETINGS —— GENERAL 33 Sec. 37. Section 5.3, Code 2024, is amended to read as 34 follows: 35 -12- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 12/ 236
5.3 Organization. 1 The commissioners shall meet at the state capitol at least 2 once in two years as necessary and shall organize by the 3 election of one of their number as chairperson and another 4 as secretary, who shall hold their respective offices for a 5 term of two years and until their successors are elected and 6 qualified. 7 Sec. 38. Section 8A.606, Code 2024, is amended to read as 8 follows: 9 8A.606 Meetings. 10 The commission shall have its offices at the seat of 11 government but may hold meetings in other locations. The 12 commission shall meet quarterly and at the call of the 13 chairperson. 14 Sec. 39. Section 8A.616, subsection 4, Code 2024, is amended 15 to read as follows: 16 4. Meetings. The board shall meet at least three times 17 annually and at the call of the chair. At least one meeting 18 annually shall be held outside the state capital or in 19 conjunction with a meeting of a relevant statewide professional 20 organization. 21 Sec. 40. Section 10A.601, subsection 3, Code 2024, is 22 amended to read as follows: 23 3. The members of the appeal board shall select a 24 chairperson and vice chairperson from their membership. The 25 appeal board shall meet at least once per month but may meet 26 as often as necessary. Meetings shall be set by a majority of 27 the appeal board or upon the call of the chairperson, or in the 28 chairperson’s absence, upon the call of the vice chairperson. 29 The employment appeal board, subject to the approval of the 30 director, may appoint personnel necessary for carrying out its 31 functions and duties. 32 Sec. 41. Section 13A.5, Code 2024, is amended to read as 33 follows: 34 13A.5 Meetings. 35 -13- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 13/ 236
The council shall meet at least four times each year and 1 shall hold meetings when called by the chairperson, or in the 2 absence of the chairperson, by the vice chairperson or when 3 called by the chairperson upon the written request of three 4 members of the council. The council shall establish its own 5 procedures and requirements with respect to quorum, place , and 6 conduct of its meetings and other matters. 7 Sec. 42. Section 23.3, subsection 7, Code 2024, is amended 8 to read as follows: 9 7. The board shall meet at least quarterly and at the call 10 of the chairperson. 11 Sec. 43. Section 24.26, subsection 2, Code 2024, is amended 12 to read as follows: 13 2. The annual meeting of the state board shall be held on 14 the second Tuesday of January in each year meet as necessary . 15 At each annual meeting the The state board shall organize by 16 the election from its members of a chairperson and a vice 17 chairperson; and by appointing a secretary. Two members of 18 the state board constitute a quorum for the transaction of any 19 business. 20 Sec. 44. Section 47.8, subsection 1, unnumbered paragraph 21 1, Code 2024, is amended to read as follows: 22 A state voter registration commission is established which 23 shall meet at least quarterly as necessary to make and review 24 policy, adopt rules, and establish procedures to be followed by 25 the registrar in discharging the duties of that office, and to 26 promote interagency cooperation and planning. 27 Sec. 45. Section 80B.9, Code 2024, is amended to read as 28 follows: 29 80B.9 Meetings. 30 The council shall meet at least four times each year and 31 shall hold special meetings when called by the chairperson or, 32 in the absence of the chairperson, by the vice chairperson, 33 or by the chairperson upon written request of five members 34 of the council. The council shall establish procedures and 35 -14- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 14/ 236
requirements with respect to quorum, place, and conduct of 1 meetings. 2 Sec. 46. Section 99D.6, subsection 1, Code 2024, is amended 3 to read as follows: 4 1. The commission shall have its headquarters in the city of 5 Des Moines and shall meet in July of each year and at other such 6 times and places as it finds necessary for the discharge of its 7 duties. The commission shall elect in July of each year one of 8 its members as chairperson for the succeeding year. 9 Sec. 47. Section 99G.8, subsection 11, Code 2024, is amended 10 to read as follows: 11 11. The board shall meet at least quarterly and at such 12 other times upon call of the chairperson or the chief executive 13 officer. Notice of the time and place of each board meeting 14 shall be given to each member. The board shall also meet upon 15 call of three or more of the board members. The board shall 16 keep accurate and complete records of all its meetings. 17 Sec. 48. Section 103.2, subsection 3, paragraph b, Code 18 2024, is amended to read as follows: 19 b. The board shall hold at least one meeting quarterly at 20 the location of the board’s principal office, and meetings 21 Meetings shall be called at other times as needed by the 22 chairperson or four members of the board. At any meeting of 23 the board, a majority of members constitutes a quorum. 24 Sec. 49. Section 103.34, subsection 1, Code 2024, is amended 25 to read as follows: 26 1. Upon receipt of a notice of appeal filed pursuant to 27 section 103.33 , the chairperson or executive secretary of the 28 board may designate a hearing officer from among the board 29 members to hear the appeal or may set the matter for hearing 30 before the full board at its next regular scheduled meeting. A 31 majority of the board shall make the decision. 32 Sec. 50. Section 123.6, Code 2024, is amended to read as 33 follows: 34 123.6 Commission meetings. 35 -15- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 15/ 236
The commission shall meet on or before July 1 of each year 1 for the purpose of selecting one of its members as chairperson 2 for the succeeding year. The commission shall otherwise meet 3 quarterly or at the call of the chairperson or director or when 4 three members file a written request for a meeting. Written 5 notice of the time and place of each meeting shall be given to 6 each member of the commission. A majority of the commission 7 members shall constitute a quorum. 8 Sec. 51. Section 124E.5, subsection 2, Code 2024, is amended 9 to read as follows: 10 2. The medical cannabidiol board shall convene at least 11 twice per year as necessary . 12 Sec. 52. Section 169.5, subsections 3 and 4, Code 2024, are 13 amended to read as follows: 14 3. The board shall meet at least once each year as 15 determined by the board. Other necessary Necessary meetings 16 may be called by the president of the board by giving 17 proper notice. Except as provided, a majority of the board 18 constitutes a quorum. Meetings shall be open and public except 19 that the board may meet in closed session to prepare, approve, 20 administer, or grade examinations, or to deliberate the 21 qualifications of an applicant for license or the disposition 22 of a proceeding to discipline a licensed veterinarian. 23 4. At its annual meeting, the The board shall organize 24 by electing a president and such other officers as may be 25 necessary. Officers of the board serve for terms of one year 26 and until a successor is elected, without limitation on the 27 number of terms an officer may serve. The president shall 28 serve as chairperson of board meetings. The person designated 29 as the state veterinarian shall serve as secretary of the 30 board. 31 Sec. 53. Section 182.13, Code 2024, is amended to read as 32 follows: 33 182.13 Compensation —— meetings. 34 Members of the board may receive payment for their 35 -16- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 16/ 236
actual expenses and travel in performing official board 1 functions. Payment shall be made from amounts collected from 2 the assessment. No member of the board shall be a salaried 3 employee of the board or any organization or agency receiving 4 funds from the board. The board shall meet at least once every 5 three months, and at other such times as it deems necessary. 6 Sec. 54. Section 184.7, subsection 4, Code 2024, is amended 7 to read as follows: 8 4. The council shall meet at least once every three 9 months and at other such times as the council determines are 10 necessary. 11 Sec. 55. Section 185.14, Code 2024, is amended to read as 12 follows: 13 185.14 Compensation —— meetings. 14 Each director of the board shall receive a per diem of one 15 hundred dollars and actual expenses in performing official 16 board functions, notwithstanding section 7E.6 . A director of 17 the board shall not be a salaried employee of the board or 18 any organization or agency which is receiving moneys from the 19 board. The board shall meet at least four times each year as 20 necessary . 21 Sec. 56. Section 185C.14, subsection 3, Code 2024, is 22 amended to read as follows: 23 3. The board shall meet at least three times each year, and 24 at such other times as deemed necessary by the board. 25 Sec. 57. Section 186.1, Code 2024, is amended to read as 26 follows: 27 186.1 Meetings and organization of society. 28 The Iowa state horticulture society shall hold meetings each 29 year, at times as it may fix, as necessary for the transaction 30 of business. The officers and board of directors of the 31 society shall be chosen as provided for in the constitution 32 of the society, for the period and in the manner prescribed 33 therein, but the secretary of agriculture or the secretary’s 34 designee shall be a member of the board of directors and of 35 -17- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 17/ 236
the executive committee. Any vacancy in the offices filled by 1 the society may be filled by the executive committee for the 2 unexpired portion of the term. 3 Sec. 58. Section 217.4, Code 2024, is amended to read as 4 follows: 5 217.4 Meetings of council. 6 The council shall meet at least monthly. Additional 7 meetings Meetings shall be called by the chairperson or upon 8 written request of any three council members as necessary to 9 carry out the duties of the council. The chairperson shall 10 preside at all meetings or in the absence of the chairperson 11 the vice chairperson shall preside. The members of the council 12 shall be paid a per diem as specified in section 7E.6 and their 13 reasonable and necessary expenses. 14 Sec. 59. Section 237.16, subsection 2, Code 2024, is amended 15 to read as follows: 16 2. The members of the state board shall annually select a 17 chairperson, vice chairperson, and other officers the members 18 deem necessary. The members may be entitled to receive 19 reimbursement for actual and necessary expenses incurred in 20 the performance of their duties, subject to available funding. 21 Each member of the board may also be eligible to receive 22 compensation as provided in section 7E.6 . The state board 23 shall meet at least twice a year as necessary . 24 Sec. 60. Section 256.32, subsection 3, Code 2024, is amended 25 to read as follows: 26 3. The duties of the council are to review, develop, 27 and recommend standards for secondary and postsecondary 28 agricultural education. The council shall annually issue a 29 report to the state board of education and the chairpersons 30 of the house and senate agriculture and education committees 31 regarding both short-term and long-term curricular standards 32 for agricultural education and the council’s activities. The 33 council shall meet a minimum of twice annually as necessary , 34 and must have a quorum consisting of a majority of voting 35 -18- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 18/ 236
members present to hold an official meeting and to take any 1 final council action. However, hearings may be held without 2 a quorum. The chairperson shall be elected annually by and 3 from the voting membership. The initial organizational meeting 4 shall be called by the director of the department of education. 5 Sec. 61. Section 256.83, subsection 1, Code 2024, is amended 6 to read as follows: 7 1. The board shall elect from among its members a president 8 and a vice president to serve a one-year term. The board 9 shall meet at least four times annually and shall hold special 10 meetings at the call of the president or in the absence of 11 the president by the vice president or by the president upon 12 written request of four members. The board shall establish 13 procedures and requirements relating to quorum, place, and 14 conduct of meetings. 15 Sec. 62. Section 256I.3, subsection 4, Code 2024, is amended 16 to read as follows: 17 4. The state board shall elect a chairperson from among the 18 citizen members and may select other officers from the voting 19 members as determined to be necessary by the board. The board 20 shall meet regularly as determined by the board, upon the call 21 of the board’s chairperson, or upon the call of a majority of 22 voting members. The board shall meet at least quarterly. 23 Sec. 63. Section 262.8, Code 2024, is amended to read as 24 follows: 25 262.8 Meetings. 26 The board shall meet four times a year. Special meetings 27 Meetings may be called by the board, by the president of the 28 board, or by the executive director of the board upon written 29 request of any five members thereof. 30 Sec. 64. Section 267.5, subsection 2, Code 2024, is amended 31 to read as follows: 32 2. Hold a meeting twice each year Meet as necessary at Iowa 33 state university of science and technology. The council shall 34 meet with the faculty of the college of veterinary medicine. 35 -19- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 19/ 236
The council may hold other such meetings as the council may 1 determine necessary, or as required by section 267.6 . An 2 action taken by the council shall not be valid unless agreed to 3 by a majority of the council members. 4 Sec. 65. Section 455A.5, subsection 4, Code 2024, is amended 5 to read as follows: 6 4. The commission shall hold an organizational meeting 7 within thirty days of the beginning of a new regular term for 8 one or more of its members. The commission shall organize by 9 electing a chairperson, vice chairperson, secretary, and any 10 other officers deemed necessary or desirable. The commission 11 shall also meet at least quarterly throughout the year as 12 necessary . 13 Sec. 66. Section 455A.6, subsection 4, Code 2024, is amended 14 to read as follows: 15 4. The commission shall hold an organizational meeting 16 within thirty days of the beginning of a new regular term for 17 one or more of its members. The commission shall organize by 18 electing a chairperson, vice chairperson, secretary, and any 19 other officers deemed necessary or desirable. The commission 20 shall also meet at least quarterly throughout the year as 21 necessary . 22 Sec. 67. Section 465C.5, Code 2024, is amended to read as 23 follows: 24 465C.5 Organization. 25 The board shall organize annually by the election of a 26 chairperson. The board shall meet annually and at such other 27 times as it deems necessary. Meetings may be called by the 28 chairperson, and shall be called by the chairperson on the 29 request of three members of the board. 30 Sec. 68. Section 466B.3, subsection 5, paragraph a, Code 31 2024, is amended to read as follows: 32 a. The council shall be convened by the secretary of 33 agriculture at least quarterly as necessary . 34 Sec. 69. Section 481A.10A, subsection 3, Code 2024, is 35 -20- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 20/ 236
amended to read as follows: 1 3. The committee shall meet with a representative of the 2 department of natural resources on a semiannual basis as 3 necessary . The committee shall serve without compensation or 4 reimbursement for expenses. 5 Sec. 70. Section 524.205, subsection 5, Code 2024, is 6 amended to read as follows: 7 5. The state banking council shall meet at least once each 8 calendar quarter on such date and at such place as the council 9 may decide, and shall meet at such other times as may be deemed 10 necessary by the superintendent or a majority of the council 11 members. 12 Sec. 71. Section 533.107, subsection 3, Code 2024, is 13 amended to read as follows: 14 3. The review board shall meet at least four times each year 15 and shall hold special meetings at the call of the chairperson. 16 Four members constitute a quorum. 17 Sec. 72. Section 542B.9, Code 2024, is amended to read as 18 follows: 19 542B.9 Organization of the board —— staff. 20 The board shall elect annually from its members a 21 chairperson and a vice chairperson. The director of the 22 department of inspections, appeals, and licensing shall 23 hire and provide staff to assist the board in implementing 24 this chapter . The board shall hold at least one meeting at 25 the location of the board’s principal office, and meetings 26 Meetings shall be called at other times by the director or the 27 director’s designee at the request of the chairperson or four 28 members of the board. At any meeting of the board, a majority 29 of members constitutes a quorum. 30 Sec. 73. Section 543B.50, Code 2024, is amended to read as 31 follows: 32 543B.50 Meetings. 33 The real estate commission shall hold at least one meeting 34 per year meet as necessary at the location of the commission’s 35 -21- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 21/ 236
principal office and shall elect a chairperson annually. A 1 majority of the members of the commission shall constitute a 2 quorum. 3 Sec. 74. Section 543D.4, subsection 7, Code 2024, is amended 4 to read as follows: 5 7. The board shall meet at least once each calendar quarter 6 as necessary to conduct its business. 7 Sec. 75. Section 904.106, Code 2024, is amended to read as 8 follows: 9 904.106 Meetings —— expenses. 10 The board shall meet at least quarterly throughout the year. 11 Special meetings Meetings may be called by the chairperson 12 or upon written request of any three members of the board. 13 The chairperson shall preside at all meetings or in the 14 chairperson’s absence, the vice chairperson shall preside. The 15 members of the board shall be paid their actual expenses while 16 attending the meetings. Each member of the board may also be 17 able to receive compensation as provided in section 7E.6 . 18 Sec. 76. Section 905.3, subsection 1, paragraph b, Code 19 2024, is amended to read as follows: 20 b. The district advisory board shall meet not more often 21 than quarterly during the calendar year as necessary . 22 DIVISION VIII 23 REORGANIZATION 24 Sec. 77. Section 7E.5, subsection 2, paragraph a, Code 2024, 25 is amended to read as follows: 26 a. There is a civil rights commission, a public employment 27 relations board, an interstate cooperation commission, an Iowa 28 ethics and campaign disclosure board, an Iowa utilities board, 29 and an Iowa law enforcement academy. 30 Sec. 78. Section 8A.201, subsection 3, paragraph b, Code 31 2024, is amended to read as follows: 32 b. Materials excluded from this definition by the commission 33 through the adoption and enforcement of rules rule . 34 Sec. 79. Section 8A.203, subsections 3 and 4, Code 2024, are 35 -22- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 22/ 236
amended to read as follows: 1 3. The commission shall adopt provide advice and 2 recommendations on the adoption of rules under chapter 17A by 3 the department for carrying out the responsibilities of the 4 department as it relates to library services duties of the 5 department. 6 4. Advise The commission shall advise the department and the 7 state librarian concerning the library services duties of the 8 department. 9 Sec. 80. Section 8A.206, subsection 2, paragraphs a and d, 10 Code 2024, are amended to read as follows: 11 a. Operate the law library which shall be maintained in the 12 state capitol or in rooms convenient to the state supreme court 13 and which shall be available for free use by the residents of 14 Iowa under rules the commission department adopts. 15 d. Perform other duties imposed by law or by the rules of 16 the commission department . 17 Sec. 81. Section 8A.207, subsection 1, Code 2024, is amended 18 to read as follows: 19 1. Manage the state data center program to make United 20 States census data available to the residents of Iowa under 21 rules the commission department adopts. 22 Sec. 82. Section 8A.209, subsection 1, Code 2024, is amended 23 to read as follows: 24 1. An enrich Iowa program is established in the department 25 to provide direct state assistance to public libraries, to 26 support the open access and access plus programs, to provide 27 public libraries with an incentive to improve library services 28 that are in compliance with performance measures, and to 29 reduce inequities among communities in the delivery of library 30 services based on performance measures adopted by rule by the 31 commission department . The commission department shall adopt 32 rules governing the allocation of funds moneys appropriated by 33 the general assembly for purposes of this section to provide 34 direct state assistance to eligible public libraries. A public 35 -23- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 23/ 236
library is eligible for funds moneys under this subchapter 1 if it is in compliance with the commission’s department’s 2 performance measures. 3 Sec. 83. Section 8A.412, subsection 11, Code 2024, is 4 amended to read as follows: 5 11. Professional employees under the supervision of the 6 attorney general, the state public defender, the secretary of 7 state, the auditor of state, and the treasurer of state , and 8 the public employment relations board . 9 Sec. 84. Section 8A.415, subsection 1, paragraph b, Code 10 2024, is amended to read as follows: 11 b. If not satisfied, the employee may, within thirty 12 calendar days following the director’s response, file an appeal 13 with the public employment relations appeal board. The hearing 14 shall be conducted in accordance with the rules of the public 15 employment relations appeal board and the Iowa administrative 16 procedure Act, chapter 17A . Decisions rendered shall be based 17 upon a standard of substantial compliance with this subchapter 18 and the rules of the department. Decisions by the public 19 employment relations appeal board constitute final agency 20 action. 21 Sec. 85. Section 8A.415, subsection 2, paragraph b, Code 22 2024, is amended to read as follows: 23 b. If not satisfied, the employee may, within thirty 24 calendar days following the director’s response, file an 25 appeal with the public employment relations appeal board. The 26 employee has the right to a hearing closed to the public, 27 unless a public hearing is requested by the employee. The 28 hearing shall otherwise be conducted in accordance with the 29 rules of the public employment relations appeal board and the 30 Iowa administrative procedure Act, chapter 17A . If the public 31 employment relations appeal board finds that the action taken 32 by the appointing authority was for political, religious, 33 racial, national origin, sex, age, or other reasons not 34 constituting just cause, the employee may be reinstated without 35 -24- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 24/ 236
loss of pay or benefits for the elapsed period, or the public 1 employment relations appeal board may provide other appropriate 2 remedies. Decisions by the public employment relations appeal 3 board constitute final agency action. 4 Sec. 86. Section 8A.703, subsection 1, Code 2024, is amended 5 to read as follows: 6 1. A state historical society board of trustees is 7 established consisting of twelve seven members selected as 8 follows: 9 a. Three Two members shall be elected by the members of the 10 state historical society according to rules established by the 11 board of trustees. 12 b. The governor shall appoint one member from each of the 13 state’s congressional districts established under section 40.1 . 14 c. b. The governor shall appoint five members from the 15 state at large, considering but not requiring geographical 16 diversity, at least two one of whom shall be on the faculty of 17 a college or university in the state engaged in a discipline 18 related to the activities of the historical society. 19 Sec. 87. Section 8A.707, subsection 1, Code 2024, is amended 20 by adding the following new paragraphs: 21 NEW PARAGRAPH . f. Serve as the central advisory body for 22 historical records planning in the state and as a coordinating 23 body to facilitate cooperation among historical records 24 repositories and other information agencies within the state. 25 NEW PARAGRAPH . g. Serve as a state level review body 26 for grant proposals submitted to the national historical 27 publications and records commission. 28 Sec. 88. Section 8A.707, Code 2024, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 4. The state historical society board of 31 trustees may: 32 a. Serve in an advisory capacity to the state records 33 commission, the state archives and records program, and other 34 statewide archival or records agencies. 35 -25- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 25/ 236
b. Seek moneys from the national historical publications 1 and records commission or other grant-funding bodies for 2 sponsoring and publishing surveys of the conditions and needs 3 of historical records in the state; for developing, revising, 4 and distributing funding priorities for historical records 5 projects in Iowa; for implementing projects to be carried out 6 in the state for the preservation of historical records and 7 publications; or for reviewing, through reports and otherwise, 8 the operation and progress of records projects in the state. 9 Sec. 89. Section 8D.3, subsection 3, paragraphs b and d, 10 Code 2024, are amended to read as follows: 11 b. Adopt rules pursuant to chapter 17A as deemed appropriate 12 and necessary, and directly related to the implementation 13 and administration of the duties of the commission. 14 The commission, in consultation with the department of 15 administrative services, shall also adopt and provide for 16 standard communications procedures and policies relating to 17 the use of the network which recognize, at a minimum, the need 18 for reliable communications services. Provide advice and 19 recommendations to the director for the adoption of rules as 20 provided in section 8D.4. 21 d. Review and approve for adoption, rules as proposed 22 and submitted by an authorized user group necessary for the 23 authorized user group’s access and use of the network. The 24 commission may refuse to approve and adopt a proposed rule, 25 and upon such refusal, shall return the proposed rule to the 26 respective authorized user group proposing the rule with a 27 statement indicating the commission’s reason for refusing to 28 approve and adopt the rule. Provide advice and recommendations 29 to the director for the review and adoption of rules proposed 30 and submitted by an authorized user group. 31 Sec. 90. Section 8D.4, Code 2024, is amended to read as 32 follows: 33 8D.4 Executive director appointed. 34 1. The commission governor shall appoint an executive 35 -26- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 26/ 236
director of the commission, subject to confirmation by the 1 senate. Such individual shall not serve as a member of the 2 commission. The executive director shall serve at the pleasure 3 of the commission governor . The executive director shall be 4 selected primarily for administrative ability and knowledge 5 in the field, without regard to political affiliation. The 6 governor shall establish the salary of the executive director 7 within the applicable salary range as established by the 8 general assembly. The salary and support of the executive 9 director shall be paid from funds moneys deposited in the Iowa 10 communications network fund. 11 2. The director shall adopt rules pursuant to chapter 17A 12 for the implementation and administration of the duties of the 13 commission. The director, in consultation with the department 14 of administrative services, shall also adopt and provide for 15 standard communications procedures and policies relating to the 16 use of the network which recognize, at a minimum, the need for 17 reliable communications services. The director shall review 18 and approve for adoption rules as proposed and submitted by 19 an authorized user group necessary for the authorized user 20 group’s access and use of the network. The director may refuse 21 to approve and adopt a proposed rule, and upon such refusal, 22 shall return the proposed rule to the respective authorized 23 user group proposing the rule with a statement indicating the 24 director’s reason for refusing to approve and adopt the rule. 25 Sec. 91. Section 8D.9, subsection 2, paragraph b, Code 2024, 26 is amended to read as follows: 27 b. A private or public agency, other than an institution 28 under the control of the state board of regents, a private 29 college or university, or a nonpublic school, shall petition 30 the commission for a waiver of the requirement to use the 31 network as provided in paragraph “a” , if the agency determines 32 that paragraph “a” , subparagraph (1) or (2) , applies. The 33 commission director shall establish by rule a review process 34 for determining, upon application of an authorized user, 35 -27- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 27/ 236
whether paragraph “a” , subparagraph (1) or (2) , applies. An 1 authorized user found by the commission to be under contract 2 for such services as provided in paragraph “a” , subparagraph 3 (2), shall not enter into another contract upon the expiration 4 of such contract, but shall utilize the network for such 5 services as provided in this section unless paragraph “a” , 6 subparagraph (1), applies. A waiver approved by the commission 7 may be for a period as requested by the private or public 8 agency of up to three years. 9 Sec. 92. Section 10A.104, subsection 2, Code 2024, is 10 amended to read as follows: 11 2. Appoint the administrators of the divisions within 12 the department and all other personnel deemed necessary for 13 the administration of this chapter , except the state public 14 defender, assistant state public defenders, administrator of 15 the racing and gaming commission, labor commissioner, workers’ 16 compensation commissioner, director of the Iowa state office of 17 civil rights commission , and members of the employment appeal 18 board. All persons appointed and employed in the department 19 are covered by the provisions of chapter 8A, subchapter IV , but 20 persons not appointed by the director are exempt from the merit 21 system provisions of chapter 8A, subchapter IV . 22 Sec. 93. Section 10A.506, subsection 1, paragraph a, 23 subparagraph (7), Code 2024, is amended by striking the 24 subparagraph. 25 Sec. 94. Section 12.72, subsection 1, Code 2024, is amended 26 to read as follows: 27 1. A vision Iowa fund is created and established as a 28 separate and distinct fund in the state treasury. The moneys 29 in the fund are appropriated to the enhance Iowa economic 30 development authority board for purposes of the vision Iowa 31 program established in section 15F.302 . Moneys in the fund 32 shall not be subject to appropriation for any other purpose by 33 the general assembly, but shall be used only for the purposes 34 of the vision Iowa fund. The treasurer of state shall act as 35 -28- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 28/ 236
custodian of the fund and disburse moneys contained in the 1 fund as directed by the enhance Iowa economic development 2 authority board, including automatic disbursements of funds 3 received pursuant to the terms of bond indentures and documents 4 and security provisions to trustees. The fund shall be 5 administered by the enhance Iowa economic development authority 6 board which shall make expenditures from the fund consistent 7 with the purposes of the vision Iowa program without further 8 appropriation. An applicant under the vision Iowa program 9 shall not receive more than seventy-five million dollars in 10 financial assistance from the fund. 11 Sec. 95. Section 12.75, subsection 1, Code 2024, is amended 12 to read as follows: 13 1. The enhance Iowa economic development authority board 14 may undertake a project for two or more applicants jointly 15 or for any combination of applicants, and may combine for 16 financing purposes, with the consent of all of the applicants 17 which are involved, the project and some or all future projects 18 of any applicant, and section 12.71, Code 2020 , sections 12.72 19 and 12.74 , this section , and sections 12.76 and 12.77 apply to 20 and for the benefit of the enhance Iowa economic development 21 authority board and the joint applicants. However, the money 22 set aside in a fund or funds pledged for any series or issue 23 of bonds or notes shall be held for the sole benefit of the 24 series or issue separate and apart from money pledged for 25 another series or issue of bonds or notes of the treasurer 26 of state. To facilitate the combining of projects, bonds or 27 notes may be issued in series under one or more resolutions or 28 trust agreements and may be fully open-ended, thus providing 29 for the unlimited issuance of additional series, or partially 30 open-ended, limited as to additional series. 31 Sec. 96. Section 12B.10, subsection 7, unnumbered paragraph 32 1, Code 2024, is amended to read as follows: 33 Notwithstanding sections 12C.2 , 12C.4 , 12C.6 , 12C.6A , 34 and any other provision of law relating to the deposits of 35 -29- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 29/ 236
public funds, if public funds are deposited in a depository, 1 as defined in section 12C.1 , any uninsured portion of the 2 public funds invested through the depository may be invested 3 in insured deposits or certificates of deposit arranged by 4 the depository that are placed in or issued by one or more 5 federally insured banks or savings associations regardless of 6 location for the account of the public funds depositor if all 7 of the following requirements are satisfied: 8 Sec. 97. Section 12C.6, subsection 2, paragraphs a, c, d, e, 9 and f, Code 2024, are amended to read as follows: 10 a. A committee composed of the superintendent of banking, 11 the superintendent of credit unions, the auditor of state or 12 a designee, and the treasurer of state shall meet on or about 13 the first of each month or at other times as the committee 14 may prescribe and by majority action The treasurer of state, 15 in consultation with subject matter experts as needed, shall 16 establish a minimum rate to be earned on state funds placed in 17 time deposits. 18 c. An interest rate established by the committee treasurer 19 of state under this section shall be in effect commencing 20 on the eighth calendar day following the day the rate is 21 established and until a different rate is established and takes 22 effect. 23 d. The committee treasurer of state shall give advisory 24 notice of an interest rate established under this section . 25 This notice may be given by publication in one or more 26 newspapers, by publication in the Iowa administrative bulletin, 27 by ordinary mail to persons directly affected, by any other 28 method determined by the committee treasurer of state , or by 29 a combination of these. In all cases, the notice shall be 30 published in the Iowa administrative bulletin. 31 e. The notice shall contain the following words: 32 The rate of interest has been determined by a committee the 33 treasurer of state of the state of Iowa to be the minimum 34 interest rate that shall be paid on public funds deposited in 35 -30- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 30/ 236
approved financial institutions. To be eligible to accept 1 deposits of public funds of the state of Iowa, a financial 2 institution shall demonstrate a commitment to serve the 3 needs of the local community in which it is chartered to do 4 business. These needs include credit services as well as 5 deposit services. All such financial institutions are required 6 to provide the committee treasurer of state with a written 7 description of their commitment to provide credit services in 8 the community. This statement is available for examination by 9 citizens. 10 f. The notice shall also provide the name and address of a 11 state official to whom inquiries can be sent. Actions of the 12 committee treasurer of state under this section and section 13 12C.6A are exempt from chapter 17A . 14 Sec. 98. Section 15.105, subsection 1, paragraph a, 15 subparagraph (1), Code 2024, is amended to read as follows: 16 (1) The powers of the authority are vested in and shall 17 be exercised by a board of eleven voting members selected at 18 large and appointed by the governor subject to confirmation 19 by the senate. The voting members shall be comprised of the 20 following: 21 (a) Two members from each United States congressional 22 district established under section 40.1 in the state. 23 (b) Three members selected at large. 24 Sec. 99. Section 15.108, subsection 5, paragraph c, Code 25 2024, is amended to read as follows: 26 c. Coordinate and develop with the department of 27 transportation, the department of natural resources, the 28 enhance Iowa board, other state agencies, and local and 29 regional entities public interpretation, marketing, and 30 education programs that encourage Iowans and out-of-state 31 visitors to participate in the recreational and leisure 32 opportunities available in Iowa. The authority shall establish 33 and administer a program that helps connect both Iowa residents 34 and residents of other states to new and existing Iowa 35 -31- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 31/ 236
experiences as a means to enhance the economic, social, and 1 cultural well-being of the state. The program shall include 2 a broad range of new opportunities, both rural and urban, 3 including main street destinations, green space initiatives, 4 and artistic and cultural attractions. 5 Sec. 100. Section 15.108, subsection 8, paragraph b, 6 subparagraphs (4) and (5), Code 2024, are amended to read as 7 follows: 8 (4) Compile, in consultation with the Iowa arts council, 9 a list of grant applications recommended for funding in 10 accordance with the amount available for distribution as 11 provided in section 15.481, subsection 3 . The list of 12 recommended grant applications shall be submitted to the Iowa 13 cultural trust board of trustees for approval. 14 (5) Monitor the allocation and use of grant moneys by all 15 qualified organizations to determine whether moneys are used 16 in accordance with the provisions of this paragraph “b” and 17 subchapter II, part 30 . The authority shall annually submit 18 a report with the authority’s findings and recommendations to 19 the Iowa cultural trust board of trustees prior to final board 20 action in approving grants for the next succeeding fiscal year. 21 Sec. 101. Section 15.116, Code 2024, is amended to read as 22 follows: 23 15.116 Technology commercialization committee. 24 To evaluate and make recommendations to the authority 25 on appropriate funding for the projects and programs 26 applying for financial assistance from the innovation 27 and commercialization development fund created in section 28 15.412 , the economic development authority shall create a 29 technology commercialization committee composed of members 30 with expertise in the areas of biosciences, engineering, 31 manufacturing, pharmaceuticals, materials, information 32 solutions, software, and energy. At least one member of the 33 technology commercialization committee shall be a member of the 34 economic development authority. An organization designated by 35 -32- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 32/ 236
the authority, composed of members from both the public and 1 private sectors and composed of subunits or subcommittees in 2 the areas of already identified bioscience platforms, education 3 and workforce development, commercialization, communication, 4 policy and governance, and finance, shall provide funding 5 recommendations to the technology commercialization committee. 6 Members of the committee shall be eligible for a per diem as 7 specified in section 7E.6 for each day spent in performance of 8 duties as members, and shall receive compensation for mileage 9 to and from meetings. 10 Sec. 102. Section 15.117A, subsection 2, paragraph a, 11 unnumbered paragraph 1, Code 2024, is amended to read as 12 follows: 13 Twenty-nine Nine voting members as follows: 14 Sec. 103. Section 15.117A, subsection 2, paragraph a, 15 subparagraphs (1), (3), and (9), Code 2024, are amended to read 16 as follows: 17 (1) Twenty Three members selected by the board to serve 18 staggered, two-year terms beginning and ending as provided 19 in section 69.19 . Of the members selected by the board, 20 fourteen shall be representatives from businesses in the 21 targeted industries and six shall be individuals who serve 22 on the technology commercialization committee created in 23 section 15.116 , or other committees of the board, and who 24 have expertise with the targeted industries. At least ten of 25 the members selected pursuant to this subparagraph shall be 26 executives actively engaged in the management of a business in 27 a targeted industry. The members selected pursuant to this 28 paragraph subparagraph shall have expertise in the targeted 29 industries and reflect the size and diversity of businesses in 30 the targeted industries and of the various geographic areas of 31 the state . 32 (3) The director of the authority , or the director’s 33 designee . 34 (9) Two One community college presidents from 35 -33- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 33/ 236
geographically diverse areas of the state president , selected 1 by the Iowa association of community college trustees. 2 Sec. 104. Section 15.117A, subsection 2, paragraph a, 3 subparagraphs (2) and (4), Code 2024, are amended by striking 4 the subparagraphs. 5 Sec. 105. Section 15.117A, subsection 4, Code 2024, is 6 amended to read as follows: 7 4. The chief technology officer appointed pursuant to 8 section 15.117 council shall be select the chairperson of the 9 council and , who shall be responsible for convening meetings of 10 the council and coordinating its activities and shall convene 11 the council at least annually . The council shall annually 12 elect one of the voting members to serve as vice chairperson. 13 A majority of the members of the council constitutes a quorum. 14 However, the chief technology officer chairperson shall not 15 convene a meeting of the council unless the director of the 16 authority, or the director’s designee, is present at the 17 meeting. 18 Sec. 106. Section 15.117A, subsection 6, paragraphs a, b, 19 and d, Code 2024, are amended by striking the paragraphs. 20 Sec. 107. Section 15.117A, Code 2024, is amended by adding 21 the following new subsection: 22 NEW SUBSECTION . 7. A committee appointed by the 23 director and the chairperson of the council shall review and 24 make recommendations on all applications received by the 25 authority for financial assistance under the Iowa strategic 26 infrastructure program pursuant to section 15.313. Persons 27 appointed to a committee pursuant to this subsection are not 28 required to be members of the council. 29 Sec. 108. Section 15.439, subsection 1, paragraphs a, c, d, 30 and e, Code 2024, are amended to read as follows: 31 a. The authority shall establish and administer an Iowa 32 great places program for purposes of combining resources of 33 state government in an effort to showcase the unique and 34 authentic qualities of communities, regions, neighborhoods, and 35 -34- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 34/ 236
districts that make such places exceptional places to work and 1 live. The authority shall provide administrative assistance to 2 the Iowa great places board. The authority shall coordinate 3 the efforts of the Iowa great places board with the efforts of 4 other state agencies participating in the program which shall 5 include but not be limited to the Iowa finance authority, the 6 department of health and human services, the department of 7 natural resources, the state department of transportation, and 8 the department of workforce development. 9 c. Initially, three Iowa great places projects shall be 10 identified by the Iowa great places board. The board authority 11 may identify additional Iowa great places for participation 12 under the program when places develop dimensions and meet 13 readiness criteria for participation under the program. 14 d. The authority shall work in cooperation with the enhance 15 Iowa board for purposes of maximizing and leveraging moneys 16 appropriated to identified Iowa great places. 17 e. d. As a condition of receiving state funds, an 18 identified Iowa great place shall present information to the 19 board authority concerning the proposed activities and total 20 financial needs of the project. 21 Sec. 109. Section 15.439, subsection 2, Code 2024, is 22 amended by striking the subsection. 23 Sec. 110. Section 15.439, subsections 3 and 4, Code 2024, 24 are amended to read as follows: 25 3. The board authority shall do all of the following: 26 a. Organize. 27 b. a. Identify Iowa great places for purposes of receiving 28 a package of resources under the program. 29 c. b. Identify a combination of state resources which can 30 be provided to Iowa great places. 31 4. Notwithstanding any restriction, requirement, or 32 duty to the contrary, in considering an application for a 33 grant, loan, or other financial or technical assistance for a 34 project identified in an Iowa great places agreement developed 35 -35- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 35/ 236
pursuant to this section , a state agency shall give additional 1 consideration or additional points in the application of rating 2 or evaluation criteria to such applications. This subsection 3 applies to applications filed within three years of the Iowa 4 great places board’s authority’s identification of the project 5 for participation in the program. 6 Sec. 111. Section 15.478, subsection 1, Code 2024, is 7 amended by striking the subsection. 8 Sec. 112. Section 15.479, subsection 4, Code 2024, is 9 amended to read as follows: 10 4. The treasurer of state shall act as custodian of the 11 fund, shall invest moneys in the trust fund, and shall transfer 12 the interest attributable to the investment of trust fund 13 moneys to the grant account created in section 15.482 . The 14 trust fund’s principal shall not be used or accessed by the 15 department or the board authority for any purpose. 16 Sec. 113. Section 15.481, unnumbered paragraph 1, Code 17 2024, is amended to read as follows: 18 The board authority shall do any or all of the following: 19 Sec. 114. Section 15.481, subsections 2 and 3, Code 2024, 20 are amended to read as follows: 21 2. Approve or disapprove the grants recommended for 22 approval by the director, in consultation with the Iowa arts 23 council and the state historical society of Iowa, in accordance 24 with section 15.108, subsection 8 , paragraph “b” . The board 25 authority may remove any recommendation from the list, but 26 shall not add to or otherwise amend the list of recommended 27 grants. 28 3. Upon approving a grant, the board authority shall certify 29 to the treasurer of state the amount of financial assistance 30 payable from the grant account to the qualified organization 31 whose grant application is approved. 32 Sec. 115. Section 15.482, subsections 1 and 3, Code 2024, 33 are amended to read as follows: 34 1. An Iowa cultural trust grant account is created in 35 -36- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 36/ 236
the office of the treasurer of state under the control of 1 the board authority to receive interest attributable to the 2 investment of trust fund moneys as required by section 15.479, 3 subsection 4 . The moneys in the grant account are appropriated 4 to the board authority for purposes of the Iowa cultural trust 5 created in section 15.479 . Moneys in the grant account shall 6 not be subject to appropriation for any other purpose by the 7 general assembly, but shall be used only for the purposes of 8 the Iowa cultural trust. The treasurer of state shall act as 9 custodian of the grant account and disburse moneys contained 10 in the grant account as directed by the board authority . The 11 board authority shall make expenditures from the grant account 12 consistent with the purposes of the Iowa cultural trust. 13 3. At any time when the principal balance in the trust fund 14 equals or exceeds three million dollars, the board authority 15 may use moneys in the grant account for a statewide educational 16 program to promote participation in, expanded support of, and 17 local endowment building for, Iowa nonprofit arts, history, and 18 sciences and humanities organizations. 19 Sec. 116. Section 15F.101, subsection 2, Code 2024, is 20 amended to read as follows: 21 2. “Board” means the enhance Iowa economic development 22 authority board as created in section 15F.102 15.105 . 23 Sec. 117. Section 15F.203, subsection 2, Code 2024, is 24 amended to read as follows: 25 2. A review committee composed of five members of the 26 board shall review community attraction and tourism program 27 applications forwarded to the board and make recommendations 28 regarding the applications to the board. The review committee 29 shall consist of members of the board, with one member from 30 each congressional district under section 15F.102, subsection 31 2 , paragraph “a” , and one member from the state at large under 32 section 15F.102, subsection 2 , paragraph “b” . 33 Sec. 118. Section 15F.304, subsection 2, Code 2024, is 34 amended to read as follows: 35 -37- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 37/ 236
2. A review committee composed of six members of the 1 board shall review vision Iowa program applications and 2 river enhancement community attraction and tourism project 3 applications forwarded to the board and make recommendations 4 regarding the applications to the board. The review committee 5 shall consist of members of the board, with one member from 6 each congressional district under section 15F.102, subsection 7 2 , paragraph “a” , and two members from the state at large under 8 section 15F.102, subsection 2 , paragraph “b” . 9 Sec. 119. Section 15F.402, subsection 2, Code 2024, is 10 amended to read as follows: 11 2. A review committee composed of five members of the 12 board shall review sports tourism marketing and infrastructure 13 program applications forwarded to the board and make 14 recommendations regarding the applications to the authority. 15 The review committee shall consist of members of the board, 16 with one member from each congressional district under section 17 15F.102, subsection 2 , paragraph “a” , and one member from the 18 state at large under section 15F.102, subsection 2 , paragraph 19 “b” . 20 Sec. 120. Section 15H.3, subsection 1, paragraphs e and k, 21 Code 2024, are amended by striking the paragraphs. 22 Sec. 121. Section 16.2D, subsections 1, 2, 3, 4, 5, and 6, 23 Code 2024, are amended by striking the subsections. 24 Sec. 122. Section 16.2D, subsection 7, unnumbered paragraph 25 1, Code 2024, is amended to read as follows: 26 The duties of the council authority under this section shall 27 include but are not limited to the following: 28 Sec. 123. Section 16.2D, subsection 7, paragraph e, Code 29 2024, is amended to read as follows: 30 e. Advise the governor’s office, the authority, state 31 agencies, and private organizations on strategies to prevent 32 and eliminate homelessness. 33 Sec. 124. Section 16.2D, subsections 8, 9, and 10, Code 34 2024, are amended to read as follows: 35 -38- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 38/ 236
8. The council authority shall file a point-in-time report 1 on homelessness in Iowa with the governor and the general 2 assembly on or before December 1 of each year. 3 9. a. The authority , in consultation with the council, 4 shall adopt rules pursuant to chapter 17A for carrying out the 5 duties of the council authority pursuant to this section . 6 b. The council authority shall establish internal rules of 7 procedure consistent with the provisions of this section . 8 c. Rules adopted or internal rules of procedure established 9 pursuant to paragraph “a” or “b” shall be consistent with the 10 requirements of the federal McKinney-Vento Homeless Assistance 11 Act, 42 U.S.C. §11301 et seq. 12 10. The council authority shall comply with the 13 requirements of chapters 21 and 22 . The authority shall be the 14 official repository of council records. 15 Sec. 125. Section 20.1, subsection 2, unnumbered paragraph 16 1, Code 2024, is amended to read as follows: 17 The general assembly declares that the purposes of the 18 public employment relations board established by employment 19 appeal board with respect to this chapter are to implement 20 the provisions of this chapter and adjudicate and conciliate 21 employment-related cases involving the state of Iowa and 22 other public employers and employee organizations. For these 23 purposes the powers and duties of the board include but are not 24 limited to the following: 25 Sec. 126. Section 20.3, subsection 2, Code 2024, is amended 26 to read as follows: 27 2. “Board” means the public employment relations appeal 28 board established under section 20.5 10A.601 . 29 Sec. 127. Section 20.6, subsection 1, Code 2024, is amended 30 to read as follows: 31 1. Administer the provisions of this chapter and delegate 32 the powers and duties of the board to the executive director or 33 persons employed by the board, as appropriate. 34 Sec. 128. Section 22.7, subsection 69, Code 2024, is amended 35 -39- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 39/ 236
to read as follows: 1 69. The evidence of public employee support for 2 the certification, retention and recertification, or 3 decertification of an employee organization as defined in 4 section 20.3 that is submitted to the public employment 5 relations appeal board as provided in section 20.14 or 20.15 . 6 Sec. 129. Section 23A.2, subsection 6, paragraph a, Code 7 2024, is amended to read as follows: 8 a. The director of the department of corrections , with the 9 advice of the state prison industries advisory board, may, by 10 rule, provide for exemptions from this chapter . 11 Sec. 130. Section 34A.2A, subsection 2, Code 2024, is 12 amended to read as follows: 13 2. The 911 program manager shall act under the supervisory 14 control of the director of the department of homeland security 15 and emergency management , and in consultation with the 16 911 communications council, and shall perform the duties 17 specifically set forth in this chapter and as assigned by the 18 director. 19 Sec. 131. Section 34A.7A, subsection 2, paragraph f, 20 subparagraph (1), subparagraph division (a), Code 2024, is 21 amended by striking the subparagraph division. 22 Sec. 132. Section 34A.7A, subsection 2, paragraph f, 23 subparagraph (1), subparagraph division (b), Code 2024, is 24 amended to read as follows: 25 (b) The program manager , in consultation with the 911 26 communications council, shall allocate an amount, not to exceed 27 one hundred thousand dollars per fiscal year, for development 28 of public awareness and educational programs related to the 29 use of 911 by the public, educational programs for personnel 30 responsible for the maintenance, operation, and upgrading of 31 local 911 systems , and the expenses of members of the 911 32 communications council for travel, monthly meetings, and 33 training, provided, however, that the members have not received 34 reimbursement funds for such expenses from another source . 35 -40- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 40/ 236
Sec. 133. Section 34A.7A, subsection 2, paragraph g, Code 1 2024, is amended to read as follows: 2 g. The director, in consultation with the program manager 3 and the 911 communications council , shall adopt rules pursuant 4 to chapter 17A governing the distribution of the surcharge 5 collected and distributed pursuant to this subsection . The 6 rules shall include provisions that all joint 911 service 7 boards and the department of public safety which answer or 8 service wireless 911 calls are eligible to receive an equitable 9 portion of the receipts. 10 Sec. 134. Section 34A.7A, subsection 5, paragraph a, Code 11 2024, is amended to read as follows: 12 a. The program manager, in consultation with the 911 13 communications council and the auditor of state, shall 14 establish a methodology for determining and collecting public 15 safety answering point cost and expense data through the county 16 joint 911 service boards. The methodology shall include the 17 collection of data for direct costs and expenses related to 18 the operation of a public safety answering point and account 19 for the extent to which identified costs and expenses are 20 compensated for or addressed through 911 surcharges versus 21 other sources of funding. 22 Sec. 135. Section 34A.11, subsection 1, Code 2024, is 23 amended to read as follows: 24 1. The joint 911 service board in each 911 service area 25 shall designate a person to serve as a single point-of-contact 26 to facilitate the communication of needs, issues, or concerns 27 regarding emergency communications, interoperability, and 28 other matters applicable to emergency 911 communications and 29 migration to the next generation 911 network. The person 30 designated as the single point-of-contact shall be responsible 31 for facilitating the communication of such needs, issues, or 32 concerns between public or private safety agencies within the 33 service area, the 911 program manager, the 911 communications 34 council, the statewide interoperable communications system 35 -41- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 41/ 236
board established in section 80.28 , and any other person, 1 entity, or agency the person deems necessary or appropriate. 2 The person designated shall also be responsible for responding 3 to surveys or requests for information applicable to the 4 service area received from a federal, state, or local agency, 5 entity, or board. 6 Sec. 136. Section 35A.2, subsection 2, Code 2024, is amended 7 to read as follows: 8 2. Ten commissioners shall be honorably discharged members 9 of the armed forces of the United States. The American 10 legion of Iowa , disabled American veterans department of Iowa , 11 veterans of foreign wars department of Iowa , American veterans 12 of World War II, Korea, and Vietnam , the Vietnam veterans of 13 America, the military order of the purple heart, the paralyzed 14 veterans of America, and the Iowa association of county 15 commissioners and veteran service officers, through their 16 department commanders, shall submit two names respectively from 17 their organizations to the governor. The adjutant general and 18 the Iowa affiliate of the reserve officers association shall 19 may submit names to the governor of persons to represent the 20 Iowa national guard and the association reserve organization 21 of America . The governor shall appoint from the group of 22 names submitted by the adjutant general and reserve officers 23 association two representatives and from each of the other 24 organizations one representative to serve as a member of the 25 commission, unless the appointments would conflict with the 26 bipartisan and gender balance provisions of sections 69.16 and 27 69.16A . In addition, the governor shall appoint one member 28 of the public, knowledgeable in the general field of veterans 29 affairs, to serve on the commission. If an organization fails 30 to submit a recommendation pursuant to this subsection, the 31 governor may appoint any person to fill the vacancy. 32 Sec. 137. Section 68B.2, subsection 23, Code 2024, is 33 amended to read as follows: 34 23. “Regulatory agency” means the department of agriculture 35 -42- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 42/ 236
and land stewardship, department of workforce development, 1 department of insurance and financial services, department 2 of public safety, department of education, state board of 3 regents, department of health and human services, department 4 of revenue, department of inspections, appeals, and licensing, 5 department of administrative services, public employment 6 relations appeal board, state department of transportation, 7 civil rights commission office of civil rights , department of 8 public defense, department of homeland security and emergency 9 management, Iowa ethics and campaign disclosure board, 10 utilities board, and department of natural resources. 11 Sec. 138. Section 68B.35, subsection 2, paragraph e, Code 12 2024, is amended to read as follows: 13 e. Members of the state banking council, the Iowa ethics and 14 campaign disclosure board, the credit union review board, the 15 economic development authority, the employment appeal board, 16 the environmental protection commission, the health facilities 17 council, the Iowa finance authority, the Iowa public employees’ 18 retirement system investment board, the Iowa lottery board 19 created in section 99G.8 , the natural resource commission, 20 the board of parole, the petroleum underground storage tank 21 fund board, the public employment relations board, the state 22 racing and gaming commission, the state board of regents, the 23 transportation commission, the office of consumer advocate, the 24 utilities board, the Iowa telecommunications and technology 25 commission, and any full-time members of other boards and 26 commissions as defined under section 7E.4 who receive an annual 27 salary for their service on the board or commission. The Iowa 28 ethics and campaign disclosure board shall conduct an annual 29 review to determine if members of any other board, commission, 30 or authority should file a statement and shall require the 31 filing of a statement pursuant to rules adopted pursuant to 32 chapter 17A . 33 Sec. 139. Section 70A.28, subsection 6, Code 2024, is 34 amended to read as follows: 35 -43- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 43/ 236
6. Subsection 2 may also be enforced by an employee through 1 an administrative action pursuant to the requirements of this 2 subsection if the employee is not a merit system employee or 3 an employee covered by a collective bargaining agreement. An 4 employee eligible to pursue an administrative action pursuant 5 to this subsection who is discharged, suspended, demoted, 6 or otherwise receives a reduction in pay and who believes 7 the adverse employment action was taken as a result of the 8 employee’s disclosure of information that was authorized 9 pursuant to subsection 2 , may file an appeal of the adverse 10 employment action with the public employment relations appeal 11 board within thirty calendar days following the later of the 12 effective date of the action or the date a finding is issued 13 to the employee by the office of ombudsman pursuant to section 14 2C.11A . The findings issued by the ombudsman may be introduced 15 as evidence before the public employment relations appeal 16 board. The employee has the right to a hearing closed to 17 the public, but may request a public hearing. The hearing 18 shall otherwise be conducted in accordance with the rules of 19 the public employment relations appeal board and the Iowa 20 administrative procedure Act, chapter 17A . If the public 21 employment relations appeal board finds that the action taken 22 in regard to the employee was in violation of subsection 2 , the 23 employee may be reinstated without loss of pay or benefits for 24 the elapsed period, or the public employment relations appeal 25 board may provide other appropriate remedies. Decisions by 26 the public employment relations appeal board constitute final 27 agency action. 28 Sec. 140. Section 80.28, subsections 2 and 3, Code 2024, are 29 amended to read as follows: 30 2. The board shall consist of nineteen voting members, as 31 follows the following members, selected by the governor after 32 considering recommendations from professional or volunteer 33 organizations : 34 a. The following members representing state agencies: 35 -44- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 44/ 236
(1) One member representing the department of public 1 safety. 2 (2) One member representing the state department of 3 transportation. 4 (3) One member representing the department of homeland 5 security and emergency management. 6 (4) One member representing the department of corrections. 7 (5) One member representing the department of natural 8 resources. 9 (6) One member representing the department of health and 10 human services. 11 (7) One member representing the office of the chief 12 information officer created in section 8B.2 . 13 (8) One member representing the Iowa law enforcement 14 academy created in section 80B.4 . 15 b. The governor shall solicit and consider recommendations 16 from professional or volunteer organizations in appointing the 17 following members: 18 (1) Two members who are representatives One member who is a 19 representative from a municipal police departments department . 20 (2) b. Two members who are representatives One member who 21 is a representative of a sheriff’s offices office . 22 (3) c. Two members who are representatives One member who 23 is a representative from a fire departments department . One 24 of the members shall be a volunteer fire fighter and the other 25 member shall be a paid fire fighter. 26 (4) d. Two members who are One member who is a law 27 communication center managers manager employed by a state or 28 local government agencies agency . 29 (5) e. One member representing local emergency management 30 coordinators. 31 (6) f. One member representing emergency medical service 32 providers. 33 (7) g. One at-large member. 34 3. In addition to the voting members listed in subsection 35 -45- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 45/ 236
2 , the board membership shall include four members of the 1 general assembly with one member designated by each of 2 the following: the majority leader of the senate, the 3 minority leader of the senate, the speaker of the house of 4 representatives, and the minority leader of the house of 5 representatives. A legislative member serves for a term as 6 provided in section 69.16B in an ex officio, nonvoting capacity 7 and is eligible for per diem and expenses as provided in 8 section 2.10 . 9 Sec. 141. Section 84A.1A, subsection 1, unnumbered 10 paragraph 1, Code 2024, is amended to read as follows: 11 An Iowa workforce development board is created, consisting 12 of thirty-three voting members and thirteen nonvoting the 13 following members. 14 Sec. 142. Section 84A.1A, subsection 1, paragraph a, 15 subparagraph (5), Code 2024, is amended by striking the 16 subparagraph. 17 Sec. 143. Section 84A.1A, subsection 1, paragraph a, 18 subparagraph (8), unnumbered paragraph 1, Code 2024, is amended 19 to read as follows: 20 The following twenty-six members who shall be appointed by 21 the governor for staggered terms of four years beginning and 22 ending as provided in section 69.19 , subject to confirmation 23 by the senate: 24 Sec. 144. Section 84A.1A, subsection 1, paragraph a, 25 subparagraph (8), subparagraph division (a), unnumbered 26 paragraph 1, Code 2024, is amended to read as follows: 27 Seventeen Ten members who shall be representatives of 28 businesses in the state to whom each of the following applies , 29 and at least one of whom shall represent small businesses as 30 defined by the United States small business administration : 31 Sec. 145. Section 84A.1A, subsection 1, paragraph a, 32 subparagraph (8), subparagraph division (b), Code 2024, is 33 amended to read as follows: 34 (b) Seven Four members who shall be representatives of 35 -46- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 46/ 236
the workforce in the state and who shall include all of the 1 following: 2 (i) Four At least two representatives of labor 3 organizations who have been nominated by state labor 4 federations. 5 (ii) One At least one representative of a joint 6 labor-management apprenticeship program in the state who shall 7 be a member of a labor organization or a training director. If 8 such a joint program does not exist in the state, the member 9 shall instead be a representative of an apprenticeship program 10 in the state. 11 (iii) Two representatives of community-based organizations 12 that have demonstrated experience and expertise in addressing 13 the employment, training, or education needs of individuals 14 with barriers to employment as defined in the federal Workforce 15 Innovation and Opportunity Act , Pub. L. No. 113-128, §3(24) , 16 including but not limited to organizations that serve veterans 17 or that provide or support competitive, integrated employment 18 for individuals with disabilities; or that serve eligible 19 youth, as defined in the federal Workforce Innovation and 20 Opportunity Act , Pub. L. No. 113-128, §3(18) , including 21 representatives of organizations that serve out-of-school 22 youth, as defined in the federal Workforce Innovation and 23 Opportunity Act , Pub. L. No. 113-128, §129(a)(1)(B) . 24 Sec. 146. Section 84A.1A, subsection 1, paragraph b, Code 25 2024, is amended by striking the paragraph and inserting in 26 lieu thereof the following: 27 b. The director of the department of education or the 28 director’s designee shall serve as an ex officio, nonvoting 29 member. 30 Sec. 147. Section 97B.8B, subsection 2, Code 2024, is 31 amended to read as follows: 32 2. Membership. The benefits advisory committee shall be 33 comprised of representatives of constituent groups concerned 34 with the retirement system, and shall include representatives 35 -47- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 47/ 236
of employers, active members, and retired members. In 1 addition, the director of the department of administrative 2 services , or the director’s designee, and a member of the 3 public selected by the voting members of the committee shall 4 serve as members of the committee. The system shall adopt 5 rules under chapter 17A to provide for the selection of members 6 to the committee and the election of the voting members of the 7 committee. 8 Sec. 148. Section 100B.1, subsection 1, paragraph a, Code 9 2024, is amended to read as follows: 10 a. The council shall consist of eleven seven voting members 11 and one ex officio, nonvoting member. Voting members of the 12 state fire service and emergency response council shall be 13 appointed by the governor. 14 (1) The governor shall appoint consider appointing voting 15 members of the council from a list of nominees submitted by 16 each of the following organizations , but may appoint any person 17 to serve on the council : 18 (a) Two members from a list submitted by the The Iowa 19 firefighters association. 20 (b) Two members from a list submitted by the The Iowa fire 21 chiefs’ association. 22 (c) Two members from a list submitted by the The Iowa 23 professional fire fighters. 24 (d) Two members from a list submitted by the The Iowa 25 association of professional fire chiefs. 26 (e) One member from a list submitted by the The Iowa 27 emergency medical services association. 28 (2) A person nominated for inclusion in the voting 29 membership on the council is not required to be a member of the 30 organization that nominates the person. 31 (3) The tenth and eleventh voting members of the council 32 shall be members of the general public appointed by the 33 governor. 34 (4) (2) The labor commissioner, or the labor commissioner’s 35 -48- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 48/ 236
designee, shall be a nonvoting, ex officio member of the 1 council. 2 Sec. 149. Section 100B.1, subsection 3, Code 2024, is 3 amended to read as follows: 4 3. Six Four voting members of the council shall constitute 5 a quorum. For the purpose of conducting business, a majority 6 vote of the council shall be required. The council shall elect 7 a chairperson from its members. The council shall meet at the 8 call of the chairperson, or the state fire marshal, or when any 9 six four members of the council file a written request with the 10 chairperson for a meeting. 11 Sec. 150. Section 100C.1, subsection 5, Code 2024, is 12 amended to read as follows: 13 5. “Automatic fire extinguishing system” means a system of 14 devices and equipment that automatically detects a fire and 15 discharges an approved fire extinguishing agent onto or in 16 the area of a fire and includes automatic sprinkler systems, 17 carbon dioxide extinguishing systems, deluge systems, automatic 18 dry-chemical extinguishing systems, foam extinguishing systems, 19 and halogenated extinguishing systems, or other equivalent fire 20 extinguishing technologies recognized by the fire extinguishing 21 system contractors advisory board department . 22 Sec. 151. Section 100C.7, Code 2024, is amended to read as 23 follows: 24 100C.7 Administration —— rules. 25 The director shall administer this chapter and , after 26 consultation with the fire extinguishing system contractors and 27 alarm systems advisory board, shall adopt rules pursuant to 28 chapter 17A necessary for the administration and enforcement of 29 this chapter . 30 Sec. 152. Section 100D.5, subsection 1, Code 2024, is 31 amended to read as follows: 32 1. After consultation with the fire extinguishing system 33 contractors and alarm systems advisory board established 34 pursuant to section 100C.10 , adopt Adopt rules pursuant to 35 -49- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 49/ 236
chapter 17A necessary for the administration and enforcement of 1 this chapter . 2 Sec. 153. Section 103.1, subsection 2, Code 2024, is amended 3 to read as follows: 4 2. “Board” means the electrical examining board of building 5 and construction occupations created under section 103.2 6 chapter 103A . 7 Sec. 154. Section 103A.3, subsection 1, Code 2024, is 8 amended to read as follows: 9 1. “Board of review” or “board” “Board” means the state 10 building code board of review building and construction 11 occupations created by this chapter . 12 Sec. 155. Section 103A.15, unnumbered paragraph 1, Code 13 2024, is amended to read as follows: 14 The commissioner shall establish a state building code board 15 of review board of building and construction occupations is 16 established . 17 Sec. 156. Section 103A.15, subsections 1 and 2, Code 2024, 18 are amended to read as follows: 19 1. The board shall be composed of three the following 20 members of the council. , appointed by the governor: 21 a. Two master electricians licensed pursuant to chapter 103, 22 one of whom shall be a member of a union and one of whom shall 23 not. 24 b. Two master plumbers licensed pursuant to chapter 105, one 25 of whom shall be a member of a union and one of whom shall not. 26 c. Two master mechanical professionals licensed pursuant to 27 chapter 105, one of whom shall be a member of a union and one 28 of whom shall not. 29 d. Two members, each of whom is either a journeyman licensed 30 pursuant to chapter 103 or a journeyperson licensed pursuant to 31 chapter 105, one of whom shall be a member of a union and one 32 of whom shall not. 33 2. Members of the board of review shall serve at the 34 pleasure of the commissioner for a term of three years . 35 -50- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 50/ 236
Sec. 157. Section 103A.18, unnumbered paragraph 1, Code 1 2024, is amended to read as follows: 2 Judicial review of action of the commissioner, board 3 of review , or council may be sought in accordance with the 4 terms of the Iowa administrative procedure Act, chapter 17A . 5 Notwithstanding the terms of said Act: 6 Sec. 158. Section 103A.19, subsection 2, paragraph b, Code 7 2024, is amended to read as follows: 8 b. Require that the construction of any building or 9 structure shall be in accordance with the applicable provisions 10 of the state building code, subject, however, to the powers 11 granted to the board of review in section 103A.16 . 12 Sec. 159. Section 103A.19, subsection 2, paragraph d, 13 subparagraph (2), Code 2024, is amended to read as follows: 14 (2) Every certificate of occupancy or use shall, until set 15 aside or vacated by the board of review , director, or a court 16 of competent jurisdiction, be binding and conclusive upon all 17 state and local agencies, as to all matters set forth and no 18 order, direction, or requirement at variance therewith shall be 19 made or issued by any other state or local agency. 20 Sec. 160. Section 105.2, subsection 2, Code 2024, is amended 21 to read as follows: 22 2. “Board” means the plumbing and mechanical systems 23 board of building and construction occupations as established 24 pursuant to section 105.3 chapter 103A . 25 Sec. 161. Section 123.8, subsection 1, Code 2024, is amended 26 to read as follows: 27 1. The commission, in addition to the duties specifically 28 enumerated in this chapter , shall act as a policy-making body 29 under this chapter and serve in an advisory capacity to the 30 director and department. 31 Sec. 162. Section 123.8, subsection 2, unnumbered paragraph 32 1, Code 2024, is amended to read as follows: 33 The commission may review and affirm, reverse, or amend all 34 provide advice and make recommendations regarding the actions 35 -51- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 51/ 236
of the director under this chapter , including but not limited 1 to the following instances: 2 Sec. 163. Section 123.10, unnumbered paragraph 1, Code 3 2024, is amended to read as follows: 4 The director, with the approval advice of the commission and 5 subject to chapter 17A , may adopt rules as necessary to carry 6 out this chapter . The director’s authority under this chapter 7 extends to , but is not limited to , the following: 8 Sec. 164. Section 123.49, subsection 2, paragraph f, 9 subparagraph (4), Code 2024, is amended to read as follows: 10 (4) If a person employed under this paragraph reports an 11 incident of workplace harassment to the employer or if the 12 employer otherwise becomes aware of such an incident, the 13 employer shall report the incident to the employee’s parent, 14 guardian, or legal custodian and to the Iowa office of civil 15 rights commission , which shall determine if any action is 16 necessary or appropriate under chapter 216 . 17 Sec. 165. Section 124.551, subsection 1, Code 2024, is 18 amended to read as follows: 19 1. Contingent upon the receipt of funds pursuant to 20 section 124.557 sufficient to carry out the purposes of 21 this subchapter , the board, in conjunction with the advisory 22 council committee created in section 124.555 , shall establish 23 and maintain an information program for drug prescribing and 24 dispensing. 25 Sec. 166. Section 124.553, subsection 1, paragraph b, Code 26 2024, is amended to read as follows: 27 b. An individual who requests the individual’s own program 28 information in accordance with the procedure established in 29 rules of the board and advisory council adopted under section 30 124.554 . 31 Sec. 167. Section 124.554, subsection 1, unnumbered 32 paragraph 1, Code 2024, is amended to read as follows: 33 The board and advisory council shall jointly adopt rules in 34 accordance with chapter 17A to carry out the purposes of, and 35 -52- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 52/ 236
to enforce the provisions of, this subchapter . The rules shall 1 include but not be limited to the development of procedures 2 relating to: 3 Sec. 168. Section 124.554, subsection 1, paragraphs f, g, 4 and h, Code 2024, are amended to read as follows: 5 f. Use by the board or advisory council committee of the 6 program request records required by section 124.553, subsection 7 2 , to document and report statistical information. 8 g. Including all schedule II, schedule III, and schedule 9 IV controlled substances, schedule V controlled substances 10 including when dispensed by a pharmacist without a prescription 11 except for sales of pseudoephedrine that are reported to the 12 real-time electronic repository, opioid antagonists, and other 13 prescription substances that the advisory council committee and 14 board determine can be addictive or fatal if not taken under 15 the proper care and direction of a prescribing practitioner. 16 h. Access by a pharmacist or prescribing practitioner to 17 information in the program pursuant to a written agreement with 18 the board and advisory council . 19 Sec. 169. Section 124.554, subsection 2, unnumbered 20 paragraph 1, Code 2024, is amended to read as follows: 21 Beginning February 1, 2021, and annually by February 1 22 thereafter, the board and advisory council shall present to the 23 general assembly and the governor a report prepared consistent 24 with section 124.555, subsection 3 , paragraph “d” , which shall 25 include but not be limited to the following: 26 Sec. 170. Section 124.554, subsection 2, paragraphs b and c, 27 Code 2024, are amended to read as follows: 28 b. Information from pharmacies, prescribing practitioners, 29 the board, the advisory council committee , and others regarding 30 the benefits or detriments of the program. 31 c. Information from pharmacies, prescribing practitioners, 32 the board, the advisory council committee , and others regarding 33 the board’s effectiveness in providing information from the 34 program. 35 -53- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 53/ 236
Sec. 171. Section 124.554, subsection 3, paragraph a, 1 subparagraph (6), Code 2024, is amended to read as follows: 2 (6) Other pertinent information identified by the board and 3 advisory council by rule. 4 Sec. 172. Section 124.555, unnumbered paragraph 1, Code 5 2024, is amended to read as follows: 6 An advisory council committee shall be established to 7 provide oversight to assist the board and in the management of 8 the program and to comanage program activities. 9 Sec. 173. Section 124.555, subsections 1 and 2, Code 2024, 10 are amended to read as follows: 11 1. The council committee shall consist of five members 12 appointed by the board. The members shall include at least 13 one licensed pharmacist prescribing practitioner licensed 14 by the board , one physician licensed under chapter 148 , one 15 prescribing practitioner licensed by the board of nursing , and 16 one licensed prescribing practitioner who is not a physician, 17 and other members as determined by the board prescribing 18 practitioner licensed by the board of behavioral health 19 professionals . The board shall adopt rules in accordance with 20 chapter 17A on matters pertaining to the council committee 21 membership, including the terms of appointment and quorum. 22 The board shall solicit recommendations for council committee 23 members from Iowa health professional licensing boards, 24 associations, and societies the board of medicine, board of 25 nursing, and board of behavioral health professionals . The 26 license of each member appointed to and serving on the advisory 27 council committee shall be current and in good standing with 28 the professional’s licensing board. 29 2. The council committee shall advance the goals of the 30 program, which include identification of misuse and diversion 31 of controlled substances identified pursuant to section 32 124.554, subsection 1 , paragraph “g” , and enhancement of the 33 quality of health care delivery in this state. 34 Sec. 174. Section 124.555, subsection 3, unnumbered 35 -54- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 54/ 236
paragraph 1, Code 2024, is amended to read as follows: 1 Duties of the council committee shall include but not be 2 limited to the following: 3 Sec. 175. Section 124.555, subsection 3, paragraph d, Code 4 2024, is amended to read as follows: 5 d. Making recommendations regarding the continued benefits 6 of maintaining the program in relationship to cost and other 7 burdens to the patient, prescribing practitioner, pharmacist, 8 and the board. The council’s committee’s recommendations shall 9 be included in reports required by section 124.554, subsection 10 2 . 11 Sec. 176. Section 124.555, subsection 4, Code 2024, is 12 amended to read as follows: 13 4. Members of the advisory council committee shall 14 be eligible to request and receive actual expenses for 15 their duties as members of the advisory council committee , 16 subject to reimbursement limits imposed by the department of 17 administrative services, and shall also be eligible to receive 18 a per diem compensation as provided in section 7E.6, subsection 19 1 . 20 Sec. 177. Section 124.556, Code 2024, is amended to read as 21 follows: 22 124.556 Education and treatment. 23 The program shall include education initiatives and outreach 24 to consumers, prescribing practitioners, and pharmacists, and 25 shall also include assistance for identifying substance use 26 disorder treatment programs and providers. The program shall 27 also include educational updates and information on general 28 patient risk factors for prescribing practitioners. The board 29 and advisory council shall adopt rules, as provided under 30 section 124.554 , to implement this section . 31 Sec. 178. Section 135.11, subsection 22, Code 2024, is 32 amended to read as follows: 33 22. In consultation with the advisory committee for 34 perinatal guidelines, develop Develop and maintain the 35 -55- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 55/ 236
statewide perinatal program based on the recommendations of 1 the American academy of pediatrics and the American college 2 of obstetricians and gynecologists contained in the most 3 recent edition of the guidelines for perinatal care, and 4 adopt rules in accordance with chapter 17A to implement those 5 recommendations. Hospitals within the state shall determine 6 whether to participate in the statewide perinatal program, 7 and select the hospital’s level of participation in the 8 program. A hospital having determined to participate in the 9 program shall comply with the guidelines appropriate to the 10 level of participation selected by the hospital. Perinatal 11 program surveys and reports are privileged and confidential 12 and are not subject to discovery, subpoena, or other means 13 of legal compulsion for their release to a person other than 14 the affected hospital, and are not admissible in evidence in a 15 judicial or administrative proceeding other than a proceeding 16 involving verification of the participating hospital under this 17 subsection . 18 Sec. 179. Section 135.24, subsection 2, paragraph a, Code 19 2024, is amended to read as follows: 20 a. Procedures for registration of health care providers 21 deemed qualified by the board of medicine, the board of 22 physician assistants, the dental board, the board of nursing, 23 the board of chiropractic, the board of psychology, the 24 board of social work, the board of behavioral science health 25 professionals , the board of pharmacy, the board of optometry, 26 the board of podiatry, the board of physical and occupational 27 therapy, the board of respiratory care and polysomnography, 28 and the department of inspections, appeals, and licensing, as 29 applicable. 30 Sec. 180. Section 135.43, subsections 1 and 2, Code 2024, 31 are amended to read as follows: 32 1. An Iowa child death A state mortality review team 33 committee is established in the department. The department 34 shall provide staffing and administrative support to the team 35 -56- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 56/ 236
committee . 1 2. The membership of the review team committee is subject 2 to the provisions of sections 69.16 and 69.16A , relating 3 to political affiliation and gender balance. Review team 4 committee members who are not designated by another appointing 5 authority shall be appointed by the director. Membership terms 6 shall be for three years. A membership vacancy shall be filled 7 in the same manner as the original appointment. The review 8 team committee shall elect a chairperson and other officers 9 as deemed necessary by the review team committee . The review 10 team committee shall meet upon the call of the director or 11 as determined by the review team committee . The review team 12 committee shall include the following: 13 a. The state medical examiner or the state medical 14 examiner’s designee. 15 b. A certified or licensed professional who is knowledgeable 16 concerning sudden infant death syndrome. 17 c. A pediatrician who is knowledgeable concerning deaths of 18 children. 19 d. A family practice physician who is knowledgeable 20 concerning deaths of children. 21 e. One mental health professional who is knowledgeable 22 concerning deaths of children. 23 f. One social worker who is knowledgeable concerning deaths 24 of children. 25 g. A certified or licensed professional who is knowledgeable 26 concerning domestic violence. 27 h. A professional who is knowledgeable concerning substance 28 use disorder. 29 i. A local law enforcement official. 30 j. A county attorney. 31 k. An emergency room nurse who is knowledgeable concerning 32 the deaths of children. 33 l. A perinatal expert. 34 m. A representative of the health insurance industry. 35 -57- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 57/ 236
n. One other member who is appointed at large. 1 b. A licensed physician knowledgeable concerning the causes 2 of death. 3 c. A certified or licensed professional knowledgeable 4 regarding substance use disorder. 5 d. An attorney experienced in prosecuting domestic abuse 6 cases. 7 e. An expert in unexpected or unexplained infant deaths. 8 f. Two designees of the state court administrator. 9 g. A judicial officer, to be appointed by the chief justice 10 of the supreme court. 11 h. A local law enforcement official. 12 i. A social worker knowledgeable about deaths of children. 13 j. Additional members as determined by the director. 14 Sec. 181. Section 135.43, subsection 3, unnumbered 15 paragraph 1, Code 2024, is amended to read as follows: 16 The review team committee shall perform the following 17 duties: 18 Sec. 182. Section 135.43, subsection 3, paragraphs a, c, e, 19 f, and g, Code 2024, are amended to read as follows: 20 a. Collect, review, and analyze child death certificates and 21 child death data, including patient records or other pertinent 22 confidential information concerning the deaths of children 23 under age eighteen, and other information as the review team 24 committee deems appropriate for use in preparing an annual 25 report to the governor and the general assembly concerning the 26 causes and manner of child deaths. The report shall include 27 analysis of factual information obtained through review and 28 recommendations regarding prevention of child deaths. 29 c. Recommend to the agencies represented on the review team 30 committee changes which may prevent child deaths. 31 e. Recommend to the department, appropriate law enforcement 32 agencies, and any other person involved with child protection, 33 interventions that may prevent harm to a child who is related 34 to or is living in the same home as a child whose case is 35 -58- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 58/ 236
reviewed by the team committee . 1 f. If the sharing of information is necessary to assist in 2 or initiate a child death investigation or criminal prosecution 3 and the office or agency receiving the information does not 4 otherwise have access to the information, share information 5 possessed by the review team committee with the office of the 6 attorney general, a county attorney’s office, or an appropriate 7 law enforcement agency. The office or agency receiving 8 the information shall maintain the confidentiality of the 9 information in accordance with this section . Unauthorized 10 release or disclosure of the information received is subject to 11 penalty as provided in this section . 12 g. In order to assist the department in performing the 13 department’s duties, if the department does not otherwise have 14 access to the information, share information possessed by the 15 review team committee . The recipient of the information shall 16 maintain the confidentiality of the information in accordance 17 with this section . Unauthorized release or disclosure of the 18 information received is subject to penalty as provided in this 19 section . 20 Sec. 183. Section 135.43, subsection 4, unnumbered 21 paragraph 1, Code 2024, is amended to read as follows: 22 The department shall develop protocols for a child fatality 23 review committee, to be appointed by the director on an ad hoc 24 basis, the state mortality review committee to immediately 25 review the child abuse assessments which involve the fatality 26 of a child under age eighteen. The director shall appoint a 27 medical examiner, a pediatrician, and a person involved with 28 law enforcement to the committee. 29 Sec. 184. Section 135.43, subsection 4, paragraph a, Code 30 2024, is amended to read as follows: 31 a. The purpose of the review shall be to determine whether 32 the department and others involved with the case of child abuse 33 responded appropriately. The protocols shall provide for 34 the committee to consult with any multidisciplinary team, as 35 -59- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 59/ 236
defined in section 235A.13 , that is operating in the area in 1 which the fatality occurred. The protocols shall also ensure 2 that a member of the child fatality review committee does not 3 have a conflict of interest regarding the child fatality under 4 review. 5 Sec. 185. Section 135.43, subsection 5, paragraph a, 6 unnumbered paragraph 1, Code 2024, is amended to read as 7 follows: 8 The following individuals shall designate a liaison 9 to assist the review team committee in fulfilling its 10 responsibilities: 11 Sec. 186. Section 135.43, subsection 5, paragraph b, Code 12 2024, is amended to read as follows: 13 b. In addition, the department shall designate a liaison 14 from the public at large to assist the review team committee in 15 fulfilling its responsibilities. 16 Sec. 187. Section 135.43, subsections 6, 7, and 8, Code 17 2024, are amended to read as follows: 18 6. The review team committee may establish subcommittees to 19 which the team committee may delegate some or all of the team’s 20 committee’s responsibilities under subsection 3 . 21 7. a. The department shall adopt rules providing for 22 disclosure of information which is confidential under chapter 23 22 or any other provision of state law, to the review team 24 committee for purposes of performing its child death and child 25 abuse review responsibilities. 26 b. A person in possession or control of medical, 27 investigative, assessment, or other information pertaining to a 28 child death and child abuse review shall allow the inspection 29 and reproduction of the information by the department 30 upon the request of the department, to be used only in the 31 administration and for the duties of the Iowa child death 32 state mortality review team committee . Except as provided 33 for a report on a child fatality by an ad hoc child fatality 34 review the committee under subsection 4 , information and 35 -60- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 60/ 236
records produced under this section which are confidential 1 under section 22.7 and chapter 235A , and information or records 2 received from the confidential records, remain confidential 3 under this section . A person does not incur legal liability by 4 reason of releasing information to the department as required 5 under and in compliance with this section . 6 8. Review team committee members and their agents are immune 7 from any liability, civil or criminal, which might otherwise 8 be incurred or imposed as a result of any act, omission, 9 proceeding, decision, or determination undertaken or performed, 10 or recommendation made as a review team committee member or 11 agent provided that the review team committee members or agents 12 acted in good faith and without malice in carrying out their 13 official duties in their official capacity. The department 14 shall adopt rules pursuant to chapter 17A to administer 15 this subsection . A complainant bears the burden of proof in 16 establishing malice or lack of good faith in an action brought 17 against review team committee members involving the performance 18 of their duties and powers under this section . 19 Sec. 188. Section 135.108, Code 2024, is amended by adding 20 the following new subsection: 21 NEW SUBSECTION . 01. “Committee” or “review committee” means 22 the state mortality review committee established in section 23 135.43. 24 Sec. 189. Section 135.108, subsection 4, Code 2024, is 25 amended by striking the subsection. 26 Sec. 190. Section 135.110, subsection 1, unnumbered 27 paragraph 1, Code 2024, is amended to read as follows: 28 The review team committee shall perform the following 29 duties: 30 Sec. 191. Section 135.110, subsection 1, paragraphs b and c, 31 Code 2024, are amended to read as follows: 32 b. Advise and consult the agencies represented on the team 33 and other state agencies regarding program and regulatory 34 changes that may prevent domestic abuse deaths. 35 -61- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 61/ 236
c. Develop protocols for domestic abuse death investigations 1 and team committee review. 2 Sec. 192. Section 135.110, subsections 2, 3, 4, 5, and 6, 3 Code 2024, are amended to read as follows: 4 2. In performing duties pursuant to subsection 1 , the 5 review team committee shall review the relationship between the 6 decedent victim and the alleged or convicted perpetrator from 7 the point where the abuse allegedly began, until the domestic 8 abuse death occurred, and shall review all relevant documents 9 pertaining to the relationship between the parties, including 10 but not limited to protective orders and dissolution, custody, 11 and support agreements and related court records, in order to 12 ascertain whether a correlation exists between certain events 13 in the relationship and any escalation of abuse, and whether 14 patterns can be established regarding such events in relation 15 to domestic abuse deaths in general. The review team committee 16 shall consider such conclusions in making recommendations 17 pursuant to subsection 1 . 18 3. The team committee shall meet upon the call of the 19 chairperson, upon the request of a state agency, or as 20 determined by a majority of the team committee . 21 4. The team committee shall annually elect a chairperson and 22 other officers as deemed necessary by the team committee . 23 5. The team committee may establish committees 24 subcommittees or panels to whom the team committee may assign 25 some or all of the team’s committee’s responsibilities. 26 6. Members of the team committee who are currently 27 practicing attorneys or current employees of the judicial 28 branch of state government shall not participate in the 29 following: 30 a. An investigation by the team committee that involves a 31 case in which the team committee member is presently involved 32 in the member’s professional capacity. 33 b. Development of protocols by the team committee for 34 domestic abuse death investigations and team committee review. 35 -62- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 62/ 236
c. Development of regulatory changes related to domestic 1 abuse deaths. 2 Sec. 193. Section 135.111, subsection 1, Code 2024, is 3 amended to read as follows: 4 1. A person in possession or control of medical, 5 investigative, or other information pertaining to a domestic 6 abuse death and related incidents and events preceding the 7 domestic abuse death, shall allow for the inspection and review 8 of written or photographic information related to the death, 9 whether the information is confidential or public in nature, by 10 the department upon the request of the department and the team 11 committee , to be used only in the administration and for the 12 official duties of the team committee . Information and records 13 produced under this section that are confidential under the law 14 of this state or under federal law, or because of any legally 15 recognized privilege, and information or records received 16 from the confidential records, remain confidential under this 17 section . 18 Sec. 194. Section 135.112, Code 2024, is amended to read as 19 follows: 20 135.112 Rulemaking. 21 The department shall adopt rules pursuant to chapter 17A 22 relating to the administration of the domestic abuse death 23 review team committee and sections 135.108 through 135.111 . 24 Sec. 195. Section 147.1, subsection 6, Code 2024, is amended 25 to read as follows: 26 6. “Profession” means medicine and surgery, podiatry, 27 osteopathic medicine and surgery, genetic counseling, practice 28 as a physician assistant, psychology, chiropractic, nursing, 29 dentistry, dental hygiene, dental assisting, optometry, speech 30 pathology, audiology, pharmacy, physical therapy, physical 31 therapist assisting, occupational therapy, occupational therapy 32 assisting, respiratory care, cosmetology arts and sciences, 33 barbering, mortuary science, applied behavior analysis, marital 34 and family therapy, mental health counseling, midwifery, 35 -63- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 63/ 236
polysomnography, social work, dietetics, massage therapy, 1 athletic training, acupuncture, nursing home administration, 2 practice as a hearing aid specialist, sign language 3 interpreting or transliterating, orthotics, prosthetics, or 4 pedorthics. 5 Sec. 196. Section 147.2, subsection 1, Code 2024, is amended 6 to read as follows: 7 1. A person shall not engage in the practice of medicine 8 and surgery, podiatry, osteopathic medicine and surgery, 9 genetic counseling, psychology, chiropractic, physical 10 therapy, physical therapist assisting, nursing, dentistry, 11 dental hygiene, dental assisting, optometry, speech pathology, 12 audiology, occupational therapy, occupational therapy 13 assisting, orthotics, prosthetics, pedorthics, respiratory 14 care, pharmacy, cosmetology arts and sciences, barbering, 15 social work, dietetics, applied behavior analysis, marital 16 and family therapy or mental health counseling, massage 17 therapy, mortuary science, polysomnography, athletic training, 18 acupuncture, nursing home administration, or sign language 19 interpreting or transliterating, or shall not practice as a 20 physician assistant or a hearing aid specialist, unless the 21 person has obtained a license for that purpose from the board 22 for the profession. 23 Sec. 197. Section 147.13, subsection 3, Code 2024, is 24 amended to read as follows: 25 3. For psychology, social work, applied behavior analysis, 26 marital and family therapy, and mental health counseling, the 27 board of psychology behavioral health professionals . 28 Sec. 198. Section 147.13, subsections 14, 15, 16, and 21, 29 Code 2024, are amended by striking the subsections. 30 Sec. 199. Section 147.14, subsection 1, paragraphs b, d, e, 31 f, n, and s, Code 2024, are amended to read as follows: 32 b. For nursing, four three registered nurses, two one of 33 whom shall be actively engaged in practice, two one of whom 34 shall be a nurse educators educator from a nursing education 35 -64- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 64/ 236
programs; of these, one in higher education and one in area 1 community and vocational-technical registered nurse education 2 program ; one licensed practical nurse actively engaged in 3 practice; and two members one member who is not a registered 4 nurses nurse or licensed practical nurses nurse and who 5 shall represent the general public. The representatives 6 representative of the general public shall not be members a 7 member of a health care delivery systems system . 8 d. For pharmacy, five four members licensed to practice 9 pharmacy, one member registered as a certified pharmacy 10 technician as defined by the board by rule, and two members 11 one member who are is not licensed to practice pharmacy or 12 registered as a certified pharmacy technician and who shall 13 represent the general public. 14 e. For optometry, five four members licensed to practice 15 optometry and two members one member who are is not licensed to 16 practice optometry and who shall represent the general public. 17 f. For psychology behavioral health professionals , five two 18 members who are licensed to practice psychology , two members 19 who are licensed to practice social work as a master social 20 worker or independent social worker, one member licensed to 21 practice marital and family therapy, one member licensed to 22 practice mental health counseling, and two members one member 23 not licensed to practice psychology , social work, marital and 24 family therapy, or mental health counseling and who shall 25 represent the general public. Of the five members who are 26 licensed to practice psychology, one member shall be primarily 27 engaged in graduate teaching in psychology or primarily engaged 28 in research psychology, three members shall be persons who 29 render services in psychology, and one member shall represent 30 areas of applied psychology and may be affiliated with training 31 institutions and shall devote a major part of the member’s time 32 to rendering service in psychology. 33 n. For mortuary science, four three members licensed to 34 practice mortuary science, one member owning, operating, 35 -65- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 65/ 236
or employed by a crematory, and two members one member not 1 licensed to practice mortuary science and not a crematory 2 owner, operator, or employee who shall represent the general 3 public. 4 s. For sign language interpreting and transliterating, 5 four three members licensed to practice interpreting and 6 transliterating, three two of whom shall be practicing 7 interpreters and transliterators at the time of appointment 8 to the board and at least one of whom is employed in an 9 educational setting; and three two members who are consumers of 10 interpreting or transliterating services as defined in section 11 154E.1 , each of whom shall be deaf or hard of hearing. 12 Sec. 200. Section 147.14, subsection 1, paragraphs j, l, r, 13 and t, Code 2024, are amended by striking the paragraphs. 14 Sec. 201. Section 147.107, subsection 2, paragraph a, Code 15 2024, is amended to read as follows: 16 a. A prescriber who dispenses prescription drugs, including 17 but not limited to controlled substances, for human use, may 18 delegate nonjudgmental dispensing functions to staff assistants 19 only when verification of the accuracy and completeness 20 of the dispensing is determined by the practitioner in the 21 practitioner’s physical presence. However, the physical 22 presence requirement does not apply when a practitioner is 23 utilizing an automated dispensing system. When using an 24 automated dispensing system, the practitioner shall utilize an 25 internal quality control assurance plan that ensures accuracy 26 for dispensing. Verification of automated dispensing accuracy 27 and completeness remains the responsibility of the practitioner 28 and shall be determined in accordance with rules adopted by the 29 board of medicine, the dental board, the board of podiatry, and 30 the board of psychology behavioral health professionals for 31 their respective licensees. 32 Sec. 202. Section 147.161, subsection 1, paragraph b, 33 subparagraph (2), Code 2024, is amended to read as follows: 34 (2) Licensed master social workers with a current and 35 -66- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 66/ 236
active supervision plan on file with the board of social work 1 behavioral health professionals . 2 Sec. 203. Section 148.2A, subsection 2, unnumbered 3 paragraph 1, Code 2024, is amended to read as follows: 4 Notwithstanding sections 17A.11 , 69.16 , 69.16A , 147.12 , 5 147.14 , and 147.19 , the board may have a pool of up to ten three 6 alternate members, including members licensed to practice under 7 this chapter and members not licensed to practice under this 8 chapter , to substitute for board members who are disqualified 9 or become unavailable for any other reason for contested case 10 hearings. 11 Sec. 204. Section 148.2A, subsection 2, paragraph a, Code 12 2024, is amended to read as follows: 13 a. The board may recommend, subject to approval by 14 the governor, up to ten three people to serve in a pool of 15 alternate members. 16 Sec. 205. Section 148.13A, unnumbered paragraph 1, Code 17 2024, is amended to read as follows: 18 The board of medicine shall, in consultation with the board 19 of psychology behavioral health professionals , establish by 20 rule all of the following: 21 Sec. 206. Section 148.13B, subsection 1, unnumbered 22 paragraph 1, Code 2024, is amended to read as follows: 23 The board of medicine and the board of psychology behavioral 24 health professionals shall adopt joint rules in regard to the 25 following: 26 Sec. 207. Section 148.13B, subsection 3, Code 2024, is 27 amended to read as follows: 28 3. The joint rules, and any amendments thereto, adopted by 29 the board of medicine and the board of psychology behavioral 30 health professionals pursuant to this section and section 31 154B.14 shall only be adopted by agreement of both boards 32 through a joint rule-making process. 33 Sec. 208. Section 152A.1, subsection 1, Code 2024, is 34 amended by striking the subsection and inserting in lieu 35 -67- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 67/ 236
thereof the following: 1 1. “Department” means the department of inspections, 2 appeals, and licensing. 3 Sec. 209. Section 152A.1, subsection 2, Code 2024, is 4 amended to read as follows: 5 2. “Licensed dietitian” or “dietitian” “Dietitian” means 6 a person who holds a valid license registered to practice 7 dietetics pursuant to this chapter . 8 Sec. 210. Section 152A.2, Code 2024, is amended to read as 9 follows: 10 152A.2 License Registration requirements. 11 1. An applicant shall be issued a license to practice 12 dietetics registered as a dietitian by the board department 13 when the applicant satisfies all of the following: 14 a. Possesses a baccalaureate degree or postbaccalaureate 15 degree with a major course of study in human nutrition, food 16 and nutrition, dietetics, or food systems management, or in an 17 equivalent major course of study which meets minimum academic 18 requirements as established by the accreditation council 19 for education in nutrition and dietetics of the academy of 20 nutrition and dietetics and approved by the board. 21 b. Completes an accredited competency-based supervised 22 experience program approved by the accreditation council 23 for education in nutrition and dietetics of the academy of 24 nutrition and dietetics and approved by the board. 25 c. Satisfactorily completes the commission on dietetic 26 registration of the academy of nutrition and dietetics 27 examination approved by the board. 28 2. Renewal of a license granted under this chapter shall 29 not be approved unless the applicant has satisfactorily 30 completed the continuing education requirements for the license 31 as prescribed by the board presents proof that the applicant 32 holds a valid credential issued by the academy of nutrition and 33 dietetics . 34 Sec. 211. Section 154A.1, subsection 1, Code 2024, is 35 -68- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 68/ 236
amended by striking the subsection. 1 Sec. 212. Section 154A.1, subsection 6, Code 2024, is 2 amended to read as follows: 3 6. “Hearing aid specialist” means any person engaged in the 4 fitting, dispensing, and sale of hearing aids and providing 5 hearing aid services or maintenance, by means of procedures 6 stipulated by this chapter or the board department . 7 Sec. 213. Section 154A.10, subsection 3, Code 2024, is 8 amended to read as follows: 9 3. Pays the necessary fees set by the board department . 10 Sec. 214. Section 154A.12, subsection 2, Code 2024, is 11 amended to read as follows: 12 2. The board department shall not require the applicant to 13 possess the degree of professional competence normally expected 14 of physicians. 15 Sec. 215. Section 154A.13, Code 2024, is amended to read as 16 follows: 17 154A.13 Temporary permit. 18 A person who has not been licensed as a hearing aid 19 specialist may obtain a temporary permit from the department 20 upon completion of the application accompanied by the written 21 verification of employment from a licensed hearing aid 22 specialist. The department shall issue a temporary permit for 23 one year which shall not be renewed or reissued. The fee for 24 issuance of the temporary permit shall be set by the board 25 department in accordance with the provisions for establishment 26 of fees by boards in section 147.80 . The temporary permit 27 entitles an applicant to engage in the fitting or selection and 28 sale of hearing aids under the supervision of a person holding 29 a valid license. 30 Sec. 216. Section 154A.19, subsection 1, Code 2024, is 31 amended to read as follows: 32 1. This chapter shall not prohibit a corporation, 33 partnership, trust, association, or other organization 34 maintaining an established business address from engaging in 35 -69- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 69/ 236
the business of selling or offering for sale hearing aids at 1 retail without a license if it employs only licensed hearing 2 aid specialists in the direct fitting or selection and sale 3 of hearing aids. Such an organization shall file annually 4 with the board department a list of all licensed hearing aid 5 specialists and persons holding temporary permits directly 6 or indirectly employed by it. Such an organization shall 7 also file with the board department a statement on a form 8 approved by the board department that the organization submits 9 itself to the rules and regulations of the board department 10 and the provisions of this chapter which the department deems 11 applicable. 12 Sec. 217. Section 154A.19, Code 2024, is amended by adding 13 the following new subsection: 14 NEW SUBSECTION . 4. This chapter shall not apply to a person 15 who engages in practices covered by this chapter if the person 16 is licensed as an audiologist pursuant to chapter 154F. 17 Sec. 218. Section 154A.23, Code 2024, is amended to read as 18 follows: 19 154A.23 Disciplinary orders —— attorney general. 20 The board department shall forward a copy of all final 21 disciplinary orders, with associated complaints, to the 22 attorney general for consideration for prosecution or 23 enforcement when warranted. The attorney general and all 24 county attorneys shall assist the board and the department in 25 the enforcement of the provisions of this chapter . 26 Sec. 219. Section 154A.24, unnumbered paragraph 1, Code 27 2024, is amended to read as follows: 28 The board department may revoke or suspend a license or 29 temporary permit permanently or for a fixed period for any of 30 the following causes: 31 Sec. 220. Section 154A.24, subsection 2, paragraphs e and s, 32 Code 2024, are amended to read as follows: 33 e. Representing that the service or advice of a person 34 licensed to practice medicine, or one who is certificated as 35 -70- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 70/ 236
a clinical audiologist by the board of speech pathology and 1 audiology or its equivalent, will be used or made available in 2 the fitting or selection, adjustment, maintenance, or repair 3 of hearing aids when that is not true, or using the words 4 “doctor”, “clinic”, “clinical audiologist”, “state approved”, 5 or similar words, abbreviations, or symbols which tend to 6 connote the medical or other professions, except where the 7 title “certified hearing aid audiologist” has been granted 8 by the national hearing aid society, or that the hearing aid 9 specialist has been recommended by this state or the board 10 department when such is not accurate. 11 s. Such other acts or omissions as the board department may 12 determine to be unethical conduct. 13 Sec. 221. Section 154B.1, subsections 1 and 5, Code 2024, 14 are amended to read as follows: 15 1. “Board” means the board of psychology behavioral health 16 professionals created under chapter 147 . 17 5. “Physician” means a person licensed to practice medicine 18 and surgery or osteopathic medicine and surgery in this state 19 in family medicine, internal medicine, pediatrics, psychiatry, 20 or another specialty who prescribes medications for the 21 treatment of a mental disorder to patients in the normal course 22 of the person’s clinical medical practice pursuant to joint 23 rules adopted by the board of psychology behavioral health 24 professionals and the board of medicine. 25 Sec. 222. Section 154B.9, subsection 3, Code 2024, is 26 amended to read as follows: 27 3. A prescribing psychologist may prescribe psychotropic 28 medication pursuant to joint rules adopted by the board of 29 psychology behavioral health professionals and the board of 30 medicine and the provisions of this chapter . 31 Sec. 223. Section 154B.10, subsection 1, paragraphs b, c, d, 32 e, and g, Code 2024, are amended to read as follows: 33 b. Completed pharmacological training from an institution 34 approved by the board of psychology behavioral health 35 -71- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 71/ 236
professionals and the board of medicine or from a provider 1 of continuing education approved by the board of psychology 2 behavioral health professionals and the board of medicine 3 pursuant to joint rules adopted by both boards. 4 c. Passed a national certification examination approved by 5 the board of psychology behavioral health professionals and 6 the board of medicine that tested the applicant’s knowledge of 7 pharmacology in the diagnosis, care, and treatment of mental 8 disorders. 9 d. Successfully completed a postdoctoral master of science 10 degree in clinical psychopharmacology approved by the board of 11 psychology behavioral health professionals and the board of 12 medicine pursuant to joint rules adopted by both boards. The 13 program shall at a minimum include coursework in neuroscience, 14 pharmacology, psychopharmacology, physiology, and appropriate 15 and relevant physical and laboratory assessments. 16 e. Has been certified by the applicant’s supervising 17 physician as having successfully completed a supervised 18 and relevant clinical experience in clinical assessment and 19 pathophysiology and an additional supervised practicum treating 20 patients with mental disorders. The practica shall have been 21 supervised by a trained physician. The board of psychology 22 behavioral health professionals and the board of medicine, 23 pursuant to joint rules adopted by the boards, shall determine 24 sufficient practica to competently train the applicant in the 25 treatment of a diverse patient population. 26 g. Meets all other requirements, as determined by joint 27 rules adopted by the board of psychology behavioral health 28 professionals and the board of medicine, for obtaining a 29 conditional prescription certificate. 30 Sec. 224. Section 154B.10, subsection 3, paragraph d, Code 31 2024, is amended to read as follows: 32 d. Any other rules adopted jointly by the board of 33 psychology behavioral health professionals and the board of 34 medicine. 35 -72- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 72/ 236
Sec. 225. Section 154B.11, subsection 1, paragraph d, Code 1 2024, is amended to read as follows: 2 d. Meets all other requirements, as determined by rules 3 adopted by the board, for obtaining a prescription certificate, 4 including joint rules adopted by the board of psychology 5 behavioral health professionals and the board of medicine. 6 Sec. 226. Section 154B.11, subsection 2, paragraph d, Code 7 2024, is amended to read as follows: 8 d. Any other rules adopted jointly by the board of 9 psychology behavioral health professionals and the board of 10 medicine. 11 Sec. 227. Section 154B.12, subsection 1, Code 2024, is 12 amended to read as follows: 13 1. A prescribing psychologist or a psychologist with 14 a conditional prescription certificate may administer and 15 prescribe psychotropic medication within the scope of the 16 psychologist’s profession, including the ordering and review 17 of laboratory tests in conjunction with the prescription, for 18 the treatment of mental disorders. Such prescribing practices 19 shall be governed by joint rules adopted by the board of 20 psychology behavioral health professionals and the board of 21 medicine. 22 Sec. 228. Section 154B.14, subsection 1, unnumbered 23 paragraph 1, Code 2024, is amended to read as follows: 24 The board of psychology behavioral health professionals and 25 the board of medicine shall adopt joint rules in regard to the 26 following: 27 Sec. 229. Section 154B.14, subsections 2 and 3, Code 2024, 28 are amended to read as follows: 29 2. The board of psychology behavioral health professionals 30 shall consult with the university of Iowa Carver college of 31 medicine and clinical and counseling psychology doctoral 32 programs at regents institutions in the development of the 33 rules pertaining to education and training requirements in 34 sections 154B.10 and 154B.11 . 35 -73- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 73/ 236
3. The joint rules, and any amendments thereto, adopted by 1 the board of psychology behavioral health professionals and the 2 board of medicine pursuant to this section and section 148.13B 3 shall only be adopted by agreement of both boards through a 4 joint rule-making process. 5 Sec. 230. Section 154C.1, subsection 1, Code 2024, is 6 amended to read as follows: 7 1. “Board” means the board of social work behavioral health 8 professionals established in chapter 147 . 9 Sec. 231. Section 154D.1, subsection 1, Code 2024, is 10 amended to read as follows: 11 1. “Board” means the board of behavioral science behavioral 12 health professionals established in chapter 147 . 13 Sec. 232. Section 161A.3, Code 2024, is amended by adding 14 the following new subsection: 15 NEW SUBSECTION . 12A. “Secretary” means the secretary of 16 agriculture. 17 Sec. 233. Section 161A.4, subsection 1, Code 2024, is 18 amended to read as follows: 19 1. The division of soil conservation and water quality 20 created within the department pursuant to section 159.5 21 shall perform the functions conferred upon it in this chapter 22 and chapters 161C , 161E , 161F , 207 , and 208 . The division 23 shall be administered in accordance with the policies of the 24 committee, which shall advise the division and which shall 25 approve administrative rules proposed by the division for 26 the administration of this chapter and chapters 161C , 161E , 27 161F , 207 , and 208 before the rules are adopted pursuant to 28 section 17A.5 . If a difference exists between the committee 29 and secretary regarding the content of a proposed rule, the 30 secretary shall notify the chairperson of the committee of 31 the difference within thirty days from the committee’s action 32 on the rule. The secretary and the committee shall meet to 33 resolve the difference within thirty days after the secretary 34 provides the committee with notice of the difference. 35 -74- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 74/ 236
Sec. 234. Section 161A.4, subsection 6, Code 2024, is 1 amended to read as follows: 2 6. a. The committee may perform acts, hold public hearings, 3 and propose and approve provide advice and recommendations on 4 the adoption of rules pursuant to chapter 17A by the secretary 5 and department as necessary for the execution of its their 6 functions. 7 b. The committee shall recommend to the secretary each year 8 a budget for the division. The secretary, at the earliest 9 opportunity and prior to formulating a budget, shall meet with 10 representatives of the committee to discuss the committee’s 11 recommendation. The secretary shall have the authority to set 12 the budget for the division. 13 c. The committee shall recommend three persons to the 14 secretary of agriculture who shall may appoint from the 15 persons recommended a director to head the division and serve 16 at the pleasure of the secretary. After reviewing the names 17 submitted, the secretary may request that the committee submit 18 additional names for consideration. 19 Sec. 235. Section 161A.7, subsection 1, paragraph n, 20 subparagraph (1), unnumbered paragraph 1, Code 2024, is amended 21 to read as follows: 22 The district plan shall contain a comprehensive long-range 23 assessment of soil and surface water resources in the district 24 consistent with rules approved by the committee under section 25 161A.4 . In developing the plan the district may receive 26 technical support from the United States department of 27 agriculture natural resources conservation service and the 28 county board of supervisors in the county where the district 29 is located. The division and the Iowa cooperative extension 30 service in agriculture and home economics may provide technical 31 support to the district. The support may include but is not 32 limited to the following: 33 Sec. 236. Section 169.5, subsection 1, paragraph a, Code 34 2024, is amended to read as follows: 35 -75- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 75/ 236
a. The governor shall appoint, subject to confirmation 1 by the senate pursuant to section 2.32 , a board of five 2 individuals, three of whom shall be licensed veterinarians 3 and two of whom shall not be licensed veterinarians and shall 4 represent the general public , one of whom shall be a farmer 5 involved in the production of agricultural animals . The board 6 shall be known as the Iowa board of veterinary medicine. 7 Sec. 237. Section 170.1, subsection 2, Code 2024, is amended 8 by striking the subsection. 9 Sec. 238. Section 170.3B, Code 2024, is amended to read as 10 follows: 11 170.3B Farm deer administration fee. 12 The department may establish a farm deer administration fee 13 which shall be annually imposed on each landowner who keeps 14 farm deer in this state. The amount of the fee shall not exceed 15 two hundred dollars per year. The fee shall be collected 16 by the department in a manner specified by rules adopted by 17 the department after consulting with the farm deer council 18 established in section 170.2 . The collected fees shall be 19 credited to the farm deer administration fund created pursuant 20 to section 170.3C . 21 Sec. 239. Section 190C.1, subsection 2, Code 2024, is 22 amended by striking the subsection. 23 Sec. 240. Section 190C.2B, subsection 1, Code 2024, is 24 amended to read as follows: 25 1. The department shall implement and administer the 26 provisions of this chapter for agricultural products that have 27 been produced and handled within this state using organic 28 methods as provided in this chapter . The department may 29 consult with the council in implementing and administering this 30 chapter . The department may certify agricultural products that 31 have been produced and handled outside this state using an 32 organic method as provided in this chapter . 33 Sec. 241. Section 190C.3, subsection 2, Code 2024, is 34 amended to read as follows: 35 -76- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 76/ 236
2. The department may request assistance from the council 1 as provided in section 190C.2A or from one or more regional 2 organic associations as provided in section 190C.6 . 3 Sec. 242. Section 203.11A, subsection 2, Code 2024, is 4 amended to read as follows: 5 2. The amount of a civil penalty shall not exceed one 6 thousand five hundred dollars. Each day that a violation 7 continues shall constitute a separate violation. The amount 8 of the civil penalty that may be assessed in a case shall 9 not exceed the amount recommended by the grain industry peer 10 review panel established pursuant to section 203.11B . Moneys 11 collected in civil penalties by the department or the attorney 12 general shall be deposited in the general fund of the state. 13 Sec. 243. Section 203.16, subsection 8, Code 2024, is 14 amended by striking the subsection. 15 Sec. 244. Section 203C.24, subsection 8, Code 2024, is 16 amended by striking the subsection. 17 Sec. 245. Section 203C.36A, subsection 2, Code 2024, is 18 amended to read as follows: 19 2. The amount of a civil penalty shall not exceed one 20 thousand five hundred dollars. Each day that a violation 21 continues shall constitute a separate violation. The amount 22 of the civil penalty that may be assessed in an administrative 23 case shall not exceed the amount recommended by the grain 24 industry peer review panel established pursuant to section 25 203.11B . Moneys collected in civil penalties by the department 26 or the attorney general shall be deposited in the general fund 27 of the state. 28 Sec. 246. Section 206.19, subsection 5, Code 2024, is 29 amended by adding the following new paragraph: 30 NEW PARAGRAPH . c. (1) A person subject to a civil penalty 31 pursuant to this subsection may submit an appeal to the 32 department. The appeal shall be referred to an administrative 33 law judge for hearing as a contested case pursuant to chapter 34 17A. 35 -77- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 77/ 236
(2) This paragraph does not apply to a license revocation 1 proceeding. This paragraph does not require the department 2 to delay the prosecution of a case if immediate action is 3 necessary to reduce the risk of harm to the environment or 4 public health or safety. This section also does not require a 5 review or response if the department refers a violation of this 6 chapter for criminal prosecution, or for an action involving a 7 stop order issued pursuant to section 206.16. 8 (3) An available response by the department may be used as 9 evidence in an administrative hearing, or a civil or criminal 10 case, except to the extent that information is considered 11 confidential pursuant to section 22.7. 12 Sec. 247. Section 216.2, Code 2024, is amended by adding the 13 following new subsections: 14 NEW SUBSECTION . 01. “Agency” means the administrative 15 function of the Iowa office of civil rights, including the 16 director and staff. “Agency” does not include a member of the 17 Iowa state civil rights commission. 18 NEW SUBSECTION . 4A. “Director” means the director of the 19 Iowa office of civil rights. 20 NEW SUBSECTION . 11A. “Office” means the Iowa office of 21 civil rights. 22 Sec. 248. Section 216.2, subsection 1, Code 2024, is amended 23 to read as follows: 24 1. “Commission” means the Iowa state civil rights commission 25 created by this chapter within the Iowa office of civil rights . 26 Sec. 249. Section 216.3, subsections 1 and 3, Code 2024, are 27 amended to read as follows: 28 1. The Iowa state civil rights commission is created 29 within the department of inspections, appeals, and licensing 30 consisting of seven five members appointed by the governor 31 subject to confirmation by the senate. Appointments shall be 32 made to provide geographical area representation insofar as 33 practicable. No more than four three members of the commission 34 shall belong to the same political party. Members appointed 35 -78- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 78/ 236
to the commission shall serve for four-year staggered terms 1 beginning and ending as provided by section 69.19 . 2 3. The governor subject to confirmation by the senate shall 3 appoint a director who shall serve as the executive officer 4 of the commission head of the agency. The governor shall set 5 the salary of the director within the applicable salary range 6 established by the general assembly. The director shall adopt 7 rules pursuant to chapter 17A consistent with and necessary for 8 the enforcement of this chapter. The director shall advise and 9 support the commission in fulfilling the commission’s duties 10 and responsibilities under section 216.5A . 11 Sec. 250. Section 216.4, Code 2024, is amended to read as 12 follows: 13 216.4 Compensation and expenses —— rules procedures . 14 Commissioners shall be paid a per diem as specified in 15 section 7E.6 and shall be reimbursed for actual and necessary 16 expenses incurred while on official commission business. All 17 per diem and expense moneys paid to commissioners shall be 18 paid from funds appropriated to the commission office . The 19 commission shall adopt, amend , or rescind rules procedures as 20 necessary for the conduct of its meetings. A quorum shall 21 consist of four three commissioners. 22 Sec. 251. Section 216.5, Code 2024, is amended by striking 23 the section and inserting in lieu thereof the following: 24 216.5 Powers and duties of agency. 25 The agency shall have the following powers and duties: 26 1. To receive, investigate, mediate, conciliate, 27 and determine the merits of complaints alleging illegal 28 discriminatory practices. The agency shall not disclose the 29 filing of a complaint, the information gathered during the 30 investigation, or the endeavors to eliminate such illegal 31 discriminatory practice by mediation or conciliation, unless 32 such disclosure is made in connection with the agency’s 33 investigation. 34 2. To investigate compliance with conciliation agreements 35 -79- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 79/ 236
and pursue appropriate remedies up to and including filing in 1 district court. 2 3. To investigate, study, and report on the existence, 3 causes, and extent of illegal discrimination, as deemed 4 necessary by the director. 5 4. To provide education and outreach regarding illegal 6 discrimination, including individuals and organizations. 7 5. To seek a temporary injunction against a respondent when 8 it appears that a complainant may suffer irreparable injury 9 as a result of an alleged violation of this chapter. Unless 10 otherwise specified in this chapter, a temporary injunction 11 may be issued only after the respondent has been notified and 12 afforded an opportunity to be heard. 13 6. To hold contested case hearings upon any complaint made 14 against a respondent, and all of the following: 15 a. To subpoena witnesses and compel their attendance. 16 b. To administer oaths and take the testimony of any person 17 under oath. 18 c. To compel a respondent to produce for examination any 19 books and papers relating to the complaint. 20 7. To issue subpoenas at the request of a party in contested 21 hearings. 22 8. To petition the district court for issuance of a subpoena 23 and the court, in a proper case, shall issue the subpoena for 24 contested case hearings. Refusal to obey a district court 25 subpoena shall be subject to punishment for contempt. 26 9. To pursue the entry of a consent decree in district court 27 for conciliation agreements. 28 10. To petition and appear before the district court for 29 the enforcement of office orders following a contested case 30 hearing. 31 11. To provide education opportunities and informal 32 technical advice to local commissions regarding legal 33 developments, case process improvements, and cooperation for 34 cross-filing. 35 -80- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 80/ 236
12. To prepare and transmit to the governor and the general 1 assembly an annual report describing performance outcomes of 2 the agency. 3 13. To make recommendations to the governor and general 4 assembly for such further legislation concerning illegal 5 discrimination as deemed necessary by the director. 6 14. To adopt, publish, amend, and rescind office rules 7 pursuant to chapter 17A consistent with and necessary for the 8 enforcement of this chapter. 9 15. To receive, administer, dispense, and account for any 10 moneys that may be granted or voluntarily contributed to the 11 office for furthering the purposes of this chapter. 12 16. To utilize volunteers to aid in the conduct of the 13 agency’s duties as deemed necessary by the director. 14 17. To issue a copy of the case file to any party following 15 the issuance of a right to sue letter, the filing of a 16 contested case, or the filing of an action for judicial review. 17 18. To issue protective orders in case files when necessary. 18 Sec. 252. NEW SECTION . 216.5A Powers and duties of 19 commission. 20 The commission shall have the following powers and duties: 21 1. To adopt, amend, or rescind procedures as necessary for 22 the conduct of commission meetings. 23 2. To sit as the final reviewing body for decisions issued 24 by an administrative law judge following an appeal from a 25 contested case hearing. 26 3. To make policy recommendations to the director for 27 consideration to be incorporated with any recommendations from 28 the agency to the governor and general assembly. 29 Sec. 253. Section 216.8C, subsections 3 and 4, Code 2024, 30 are amended to read as follows: 31 3. The commission agency , in consultation with the consumer 32 protection division of the office of the attorney general, 33 shall adopt rules regarding the making of a written finding 34 by licensees under this section . The rules shall include a 35 -81- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 81/ 236
form for licensees to document the licensees’ written finding. 1 The form shall recite this section’s requirements and comply 2 with the federal Fair Housing Act, 42 U.S.C. §3601 et seq., as 3 amended, and section 504 of the federal Rehabilitation Act of 4 1973, 29 U.S.C. §794, as amended. The form must contain only 5 two questions regarding the qualifications of the patient or 6 client, which shall be whether a person has a disability and 7 whether the need for an assistance animal or service animal is 8 related to the disability. The form must indicate that the 9 responses must be limited to “yes” or “no”. The form must not 10 allow for additional detail. 11 4. A person who, in the course of employment, is asked 12 to make a finding of disability and disability-related need 13 for an assistance animal or service animal shall utilize the 14 form created by the commission agency to document the person’s 15 written finding. 16 Sec. 254. Section 216.12, subsection 1, paragraph d, 17 unnumbered paragraph 1, Code 2024, is amended to read as 18 follows: 19 Discrimination on the basis of familial status involving 20 dwellings provided under any state or federal program 21 specifically designed and operated to assist elderly persons, 22 as defined in the state or federal program that the commission 23 agency determines to be consistent with determinations made by 24 the United States secretary of housing and urban development, 25 and housing for older persons. As used in this paragraph, 26 “housing for older persons” means housing communities consisting 27 of dwellings intended for either of the following: 28 Sec. 255. Section 216.15, Code 2024, is amended to read as 29 follows: 30 216.15 Complaint —— hearing. 31 1. Any person claiming to be aggrieved by a discriminatory 32 or unfair practice may, in person or by an attorney, make, 33 sign, and file with the commission agency a verified, written 34 complaint which shall state the name and address of the person, 35 -82- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 82/ 236
employer, employment agency, or labor organization alleged 1 to have committed the discriminatory or unfair practice of 2 which complained, shall set forth the particulars thereof, 3 and shall contain such other information as may be required 4 by the commission agency . The commission Agency staff , a 5 commissioner, or the attorney general may in like manner make, 6 sign, and file such complaint. 7 2. Any place of public accommodation, employer, labor 8 organization, or other person who has any employees or members 9 who refuse or threaten to refuse to comply with the provisions 10 of this chapter may file with the commission agency a verified 11 written complaint in triplicate asking the commission agency 12 for assistance to obtain their compliance by conciliation or 13 other remedial action. 14 3. a. After the filing of a verified complaint, a true 15 copy shall be served within twenty days on the person against 16 whom the complaint is filed, except as provided in subsection 17 4 . An authorized member of the commission Agency staff shall 18 make a prompt investigation and shall issue a recommendation 19 to an administrative law judge employed by the division of 20 administrative hearings created by section 10A.801 , who shall 21 then issue a determination of probable cause or no probable 22 cause. 23 b. For purposes of this chapter , an administrative law judge 24 issuing a determination of probable cause or no probable cause 25 under this section is exempt from section 17A.17 . 26 c. If the administrative law judge concurs with the 27 investigating official that probable cause exists regarding 28 the allegations of the complaint, the staff of the commission 29 agency shall promptly endeavor to eliminate the discriminatory 30 or unfair practice by conference, conciliation, and persuasion. 31 If the administrative law judge finds that no probable cause 32 exists, the administrative law judge shall issue a final order 33 dismissing the complaint and shall promptly mail a copy to the 34 complainant and to the respondent. A finding of probable cause 35 -83- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 83/ 236
shall not be introduced into evidence in an action brought 1 under section 216.16 . 2 d. The commission agency staff must endeavor to eliminate 3 the discriminatory or unfair practice by conference, 4 conciliation, and persuasion for a period of thirty days 5 following the initial conciliation meeting between the 6 respondent and the commission agency staff after a finding 7 of probable cause. After the expiration of thirty days, the 8 director may order the conciliation conference and persuasion 9 procedure provided in this section to be bypassed when the 10 director determines the procedure is unworkable by reason of 11 past patterns and practices of the respondent, or a statement 12 by the respondent that the respondent is unwilling to continue 13 with the conciliation. The director must have the approval of 14 a commissioner before bypassing the conciliation, conference 15 and persuasion procedure. Upon the bypassing of conciliation, 16 the director shall state in writing the reasons for bypassing. 17 4. a. The commission agency may permit service of a 18 complaint on a respondent by regular or electronic mail. If 19 the respondent does not respond to the service by regular or 20 electronic mail after ninety days, the commission agency shall 21 serve the complaint on the respondent by certified mail within 22 twenty days after the expiration of the ninety-day response 23 period to service by regular or electronic mail. 24 b. The commission agency may also permit a party to file 25 a response to a complaint, a document, information, or other 26 material, by electronic mail. 27 c. The commission agency may issue a notice, determination, 28 order, subpoena, request, correspondence, or any other document 29 issued by the commission agency , by electronic mail. 30 5. The members of the commission and its agency staff 31 shall not disclose the filing of a complaint, the information 32 gathered during the investigation, or the endeavors to 33 eliminate such discriminatory or unfair practice by mediation, 34 conference, conciliation, and persuasion, unless such 35 -84- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 84/ 236
disclosure is made in connection with the conduct of such 1 investigation. 2 6. When the director is satisfied that further endeavor to 3 settle a complaint by conference, conciliation, and persuasion 4 is unworkable and should be bypassed, and the thirty-day period 5 provided for in subsection 3 has expired without agreement, the 6 director with the approval of a commissioner, shall issue and 7 cause to be served a written notice specifying the charges in 8 the complaint as they may have been amended and the reasons for 9 bypassing conciliation, if the conciliation is bypassed, and 10 requiring the respondent to answer the charges of the complaint 11 at a hearing before the commission agency , a commissioner, or 12 a person designated by the commission agency to conduct the 13 hearing, hereafter referred to as the administrative law judge, 14 and at a time and place to be specified in the notice. 15 7. The case in support of such complaint shall be presented 16 at the hearing by one of the commission’s agency’s attorneys 17 or agents. The investigating official shall not participate 18 in the hearing except as a witness nor participate in the 19 deliberations of the commission agency in such case. 20 8. The hearing shall be conducted in accordance with the 21 provisions of chapter 17A for contested cases. The burden of 22 proof in such a hearing shall be on the commission agency . 23 9. If upon taking into consideration all of the evidence 24 at a hearing, the commission agency determines that the 25 respondent has engaged in a discriminatory or unfair practice, 26 the commission agency shall state its findings of fact and 27 conclusions of law and shall issue an order requiring the 28 respondent to cease and desist from the discriminatory or 29 unfair practice and to take the necessary remedial action 30 as in the judgment of the commission agency will carry out 31 the purposes of this chapter . A copy of the order shall be 32 delivered to the respondent, the complainant, and to any other 33 public officers and persons as the commission agency deems 34 proper. 35 -85- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 85/ 236
a. For the purposes of this subsection and pursuant to the 1 provisions of this chapter “remedial action” includes but is 2 not limited to the following: 3 (1) Hiring, reinstatement or upgrading of employees 4 with or without pay. Interim earned income and unemployment 5 compensation shall operate to reduce the pay otherwise 6 allowable. 7 (2) Admission or restoration of individuals to a labor 8 organization, admission to or participation in a guidance 9 program, apprenticeship training program, on-the-job training 10 program or other occupational training or retraining program, 11 with the utilization of objective criteria in the admission of 12 individuals to such programs. 13 (3) Admission of individuals to a public accommodation or an 14 educational institution. 15 (4) Sale, exchange, lease, rental, assignment or sublease 16 of real property to an individual. 17 (5) Extension to all individuals of the full and equal 18 enjoyment of the advantages, facilities, privileges, and 19 services of the respondent denied to the complainant because of 20 the discriminatory or unfair practice. 21 (6) Reporting as to the manner of compliance. 22 (7) Posting notices in conspicuous places in the 23 respondent’s place of business in form prescribed by the 24 commission agency and inclusion of notices in advertising 25 material. 26 (8) Payment to the complainant of damages for an injury 27 caused by the discriminatory or unfair practice which damages 28 shall include but are not limited to actual damages, court 29 costs and reasonable attorney fees. 30 (9) For an unfair or discriminatory practice relating 31 to wage discrimination pursuant to section 216.6A , payment 32 to the complainant of damages for an injury caused by the 33 discriminatory or unfair practice which damages shall include 34 but are not limited to court costs, reasonable attorney fees, 35 -86- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 86/ 236
and either of the following: 1 (a) An amount equal to two times the wage differential 2 paid to another employee compared to the complainant for the 3 period of time for which the complainant has been discriminated 4 against. 5 (b) In instances of willful violation, an amount equal to 6 three times the wage differential paid to another employee as 7 compared to the complainant for the period of time for which 8 the complainant has been discriminated against. 9 b. In addition to the remedies provided in the preceding 10 provisions of this subsection , the commission agency may issue 11 an order requiring the respondent to cease and desist from the 12 discriminatory or unfair practice and to take such affirmative 13 action as in the judgment of the commission agency will carry 14 out the purposes of this chapter as follows: 15 (1) In the case of a respondent operating by virtue of 16 a license issued by the state or a political subdivision 17 or agency, if the commission agency , upon notice to the 18 respondent with an opportunity to be heard, determines that the 19 respondent has engaged in a discriminatory or unfair practice 20 and that the practice was authorized, requested, commanded, 21 performed or knowingly or recklessly tolerated by the board 22 of directors of the respondent or by an officer or executive 23 agent acting within the scope of the officer’s or agent’s 24 employment, the commission agency shall so certify to the 25 licensing agency. Unless the commission agency finding of a 26 discriminatory or unfair practice is reversed in the course of 27 judicial review, the finding of discrimination is binding on 28 the licensing agency. If a certification is made pursuant to 29 this subsection , the licensing agency may initiate licensee 30 disciplinary procedures. 31 (2) In the case of a respondent who is found by the 32 commission agency to have engaged in a discriminatory or 33 unfair practice in the course of performing under a contract 34 or subcontract with the state or political subdivision or 35 -87- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 87/ 236
agency, if the practice was authorized, requested, commanded, 1 performed, or knowingly or recklessly tolerated by the board 2 of directors of the respondent or by an officer or executive 3 agent acting within the scope of the officer’s or agent’s 4 employment, the commission agency shall so certify to the 5 contracting agency. Unless the commission’s agency’s finding 6 of a discriminatory or unfair practice is reversed in the 7 course of judicial review, the finding of discrimination is 8 binding on the contracting agency. 9 (3) Upon receiving a certification made under this 10 subsection , a contracting agency may take appropriate action 11 to terminate a contract or portion thereof previously entered 12 into with the respondent, either absolutely or on condition 13 that the respondent carry out a program of compliance with 14 the provisions of this chapter ; and assist the state and all 15 political subdivisions and agencies thereof to refrain from 16 entering into further contracts. 17 c. The election of an affirmative order under paragraph “b” 18 of this subsection shall not bar the election of affirmative 19 remedies provided in paragraph “a” of this subsection . 20 10. a. The terms of a conciliation or mediation agreement 21 reached with the respondent may require the respondent to 22 refrain in the future from committing discriminatory or 23 unfair practices of the type stated in the agreement, to take 24 remedial action as in the judgment of the commission agency 25 will carry out the purposes of this chapter , and to consent 26 to the entry in an appropriate district court of a consent 27 decree embodying the terms of the conciliation or mediation 28 agreement. Violation of such a consent decree may be punished 29 as contempt by the court in which it is filed, upon a showing 30 by the commission agency of the violation at any time within 31 six months of its occurrence. At any time in its discretion, 32 the commission agency may investigate whether the terms of the 33 agreement are being complied with by the respondent. 34 b. Upon a finding that the terms of the conciliation 35 -88- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 88/ 236
or mediation agreement are not being complied with by the 1 respondent, the commission agency shall take appropriate action 2 to assure compliance. 3 11. If, upon taking into consideration all of the evidence 4 at a hearing, the commission agency finds that a respondent 5 has not engaged in any such discriminatory or unfair practice, 6 the commission agency shall issue an order denying relief and 7 stating the findings of fact and conclusions of the commission 8 agency , and shall cause a copy of the order dismissing the 9 complaint to be served on the complainant and the respondent. 10 12. The commission agency shall establish rules to govern, 11 expedite, and effectuate the procedures established by this 12 chapter and its own actions thereunder. 13 13. Except as provided in section 614.8 , a claim under this 14 chapter shall not be maintained unless a complaint is filed 15 with the commission agency within three hundred days after the 16 alleged discriminatory or unfair practice occurred. 17 14. The commission agency or a party to a complaint may 18 request mediation of the complaint at any time during the 19 commission’s agency’s processing of the complaint. If the 20 complainant and respondent participate in mediation, any 21 mediation agreement may be enforced pursuant to this section . 22 Mediation may be discontinued at the request of any party or 23 the commission agency . 24 Sec. 256. Section 216.15A, Code 2024, is amended to read as 25 follows: 26 216.15A Additional proceedings —— housing discrimination. 27 1. a. The commission agency may join a person not named 28 in the complaint as an additional or substitute respondent 29 if in the course of the investigation, the commission agency 30 determines that the person should be alleged to have committed 31 a discriminatory housing or real estate practice. 32 b. In addition to the information required in the notice, 33 the commission agency shall include in a notice to a respondent 34 joined under this subsection an explanation of the basis for 35 -89- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 89/ 236
the determination under this subsection that the person is 1 properly joined as a respondent. 2 2. a. The commission agency shall, during the period 3 beginning with the filing of a complaint and ending with the 4 filing of a charge or a dismissal by the commission agency , to 5 the extent feasible, engage in mediation with respect to the 6 complaint. 7 b. A mediation agreement is an agreement between a 8 respondent and the complainant and is subject to commission 9 agency approval. 10 c. A mediation agreement may provide for binding arbitration 11 or other method of dispute resolution. Dispute resolution that 12 results from a mediation agreement may authorize appropriate 13 relief, including monetary relief. 14 d. A mediation agreement shall be made public unless 15 the complainant and respondent agree otherwise, and the 16 commission agency determines that disclosure is not necessary 17 to further the purposes of this chapter relating to unfair or 18 discriminatory practices in housing or real estate. 19 e. The proceedings or results of mediation shall not be made 20 public or used as evidence in a subsequent proceeding under 21 this chapter without the written consent of the persons who are 22 party to the mediation. 23 f. After the completion of the commission’s agency’s 24 investigation, the commission agency shall make available to 25 the aggrieved person and the respondent information derived 26 from the investigation and the final investigation report 27 relating to that investigation. 28 g. When the commission agency has reasonable cause to 29 believe that a respondent has breached a mediation agreement, 30 the commission agency shall refer this matter to an assistant 31 attorney general with a recommendation that a civil action be 32 filed for the enforcement of the agreement. The assistant 33 attorney general may commence a civil action in the appropriate 34 district court not later than the expiration of ninety days 35 -90- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 90/ 236
after referral of the breach. 1 3. a. If the commission agency concludes, following the 2 filing of a complaint, that prompt judicial action is necessary 3 to carry out the purposes of this chapter relating to unfair 4 or discriminatory housing or real estate practices, the 5 commission agency may authorize a civil action for appropriate 6 temporary or preliminary relief pending final disposition of 7 the complaint. 8 b. On receipt of the commission’s agency’s authorization, 9 the attorney general shall promptly file the action. 10 c. A temporary restraining order or other order granting 11 preliminary or temporary relief under this section is governed 12 by the applicable Iowa rules of civil procedure. 13 d. The filing of a civil action under this section does 14 not affect the initiation or continuation of administrative 15 proceedings in regard to an administrative hearing. 16 4. a. The commission agency shall prepare a final 17 investigative report. 18 b. A final report under this section may be amended by the 19 commission agency if additional evidence is discovered. 20 5. a. The commission agency shall determine based on 21 the facts whether probable cause exists to believe that a 22 discriminatory housing or real estate practice has occurred or 23 is about to occur. 24 b. The commission agency shall make its determination under 25 paragraph “a” not later than one hundred days after a complaint 26 is filed unless any of the following applies: 27 (1) It is impracticable to make the determination within 28 that time period. 29 (2) The commission agency has approved a mediation 30 agreement relating to the complaint. 31 c. If it is impracticable to make the determination within 32 the time period provided by paragraph “b” , the commission agency 33 shall notify the complainant and respondent in writing of the 34 reasons for the delay. 35 -91- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 91/ 236
d. If the commission agency determines that probable cause 1 exists to believe that a discriminatory housing or real estate 2 practice has occurred or is about to occur, the commission 3 agency shall immediately issue a determination unless the 4 commission agency determines that the legality of a zoning or 5 land use law or ordinance is involved as provided in subsection 6 7 . 7 6. a. A determination issued under subsection 5 must 8 include all of the following: 9 (1) Must consist of a short and plain statement of the facts 10 on which the commission agency has found probable cause to 11 believe that a discriminatory housing or real estate practice 12 has occurred or is about to occur. 13 (2) Must be based on the final investigative report. 14 (3) Need not be limited to the facts or grounds alleged in 15 the complaint. 16 b. Not later than twenty days after the commission agency 17 issues a determination, the commission agency shall send a copy 18 of the determination with information concerning the election 19 under section 216.16A to all of the following persons: 20 (1) Each respondent, together with a notice of the 21 opportunity for a hearing as provided under subsection 10 . 22 (2) Each aggrieved person on whose behalf the complaint was 23 filed. 24 7. If the commission agency determines that the matter 25 involves the legality of a state or local zoning or other 26 land use ordinance, the commission agency shall not issue a 27 determination and shall immediately refer the matter to the 28 attorney general for appropriate action. 29 8. a. If the commission agency determines that no probable 30 cause exists to believe that a discriminatory housing or 31 real estate practice has occurred or is about to occur, the 32 commission agency shall promptly dismiss the complaint. 33 b. The commission agency shall make public disclosure of 34 each dismissal under this section . 35 -92- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 92/ 236
9. The commission agency shall not issue a determination 1 under this section regarding an alleged discriminatory housing 2 or real estate practice after the beginning of the trial of a 3 civil action commenced by the aggrieved party under federal or 4 state law seeking relief with respect to that discriminatory 5 housing or real estate practice. 6 10. a. If a timely election is not made under section 7 216.16A , the commission agency shall provide for a hearing on 8 the charges in the complaint. 9 b. Except as provided by paragraph “c” , the hearing shall be 10 conducted in accordance with chapter 17A for contested cases. 11 c. A hearing under this section shall not be continued 12 regarding an alleged discriminatory housing or real estate 13 practice after the beginning of the trial of a civil action 14 commenced by the aggrieved person under federal or state law 15 seeking relief with respect to that discriminatory housing or 16 real estate practice. 17 11. a. If the commission agency determines at a hearing 18 under subsection 10 that a respondent has engaged or is about 19 to engage in a discriminatory housing or real estate practice, 20 the commission agency may order the appropriate relief, 21 including actual damages, reasonable attorney fees, court 22 costs, and other injunctive or equitable relief. 23 b. To vindicate the public interest, the commission agency 24 may assess a civil penalty against the respondent in an amount 25 that does not exceed the following applicable amount: 26 (1) Ten thousand dollars if the respondent has not been 27 adjudged by the order of the commission or agency or a court to 28 have committed a prior discriminatory housing or real estate 29 practice. 30 (2) Except as provided by paragraph “c” , twenty-five 31 thousand dollars if the respondent has been adjudged by order 32 of the commission or agency or a court to have committed one 33 other discriminatory housing or real estate practice during 34 the five-year period ending on the date of the filing of the 35 -93- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 93/ 236
complaint. 1 (3) Except as provided by paragraph “c” , fifty thousand 2 dollars if the respondent has been adjudged by order of the 3 commission or agency or a court to have committed two or more 4 discriminatory housing or real estate practices during the 5 seven-year period ending on the date of the filing of the 6 complaint. 7 c. If the acts constituting the discriminatory housing or 8 real estate practice that is the object of the complaint are 9 committed by the same natural person who has been previously 10 adjudged to have committed acts constituting a discriminatory 11 housing or real estate practice, the civil penalties in 12 paragraph “b” , subparagraphs (2) and (3) may be imposed 13 without regard to the period of time within which any other 14 discriminatory housing or real estate practice occurred. 15 d. At the request of the commission agency , the attorney 16 general shall initiate legal proceedings to recover a civil 17 penalty due under this section . Funds collected under this 18 section shall be paid to the treasurer of state for deposit in 19 the state treasury to the credit of the general fund. 20 12. This section applies only to the following: 21 a. Complaints which allege a violation of the prohibitions 22 contained in section 216.8 or 216.8A . 23 b. Complaints which allege a violation of section 216.11 or 24 216.11A arising out of alleged violations of the prohibitions 25 contained in section 216.8 or 216.8A . 26 13. If a provision of this section applies under the terms 27 of subsection 12 , and the provision of this section conflicts 28 with a provision of section 216.15 , then the provision 29 contained within this section shall prevail. Similarly, if 30 a provision of section 216.16A or 216.17A conflicts with a 31 provision of section 216.16 or 216.17 , then the provision 32 contained in section 216.16A or 216.17A shall prevail. 33 Sec. 257. Section 216.15B, subsection 1, Code 2024, is 34 amended to read as follows: 35 -94- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 94/ 236
1. A mediator may be designated in writing by the commission 1 agency to conduct formal mediation of a complaint filed under 2 this chapter . The written designation must specifically refer 3 to this section . 4 Sec. 258. Section 216.16, subsections 1, 2, 3, 4, and 6, 5 Code 2024, are amended to read as follows: 6 1. A person claiming to be aggrieved by an unfair or 7 discriminatory practice must initially seek an administrative 8 relief by filing a complaint with the commission agency in 9 accordance with section 216.15 . This provision also applies to 10 persons claiming to be aggrieved by an unfair or discriminatory 11 practice committed by the state or an agency or political 12 subdivision of the state, notwithstanding the terms of the Iowa 13 administrative procedure Act, chapter 17A . 14 2. After the proper filing of a complaint with the 15 commission agency , a complainant may subsequently commence an 16 action for relief in the district court if all of the following 17 conditions have been satisfied: 18 a. The complainant has timely filed the complaint with the 19 commission agency as provided in section 216.15, subsection 13 . 20 b. The complaint has been on file with the commission agency 21 for at least sixty days and the commission agency has issued a 22 release to the complainant pursuant to subsection 3 . 23 3. a. Upon a request by the complainant, and after the 24 expiration of sixty days from the timely filing of a complaint 25 with the commission agency , the commission agency shall issue 26 to the complainant a release stating that the complainant 27 has a right to commence an action in the district court. A 28 release under this subsection shall not be issued if any of the 29 following apply: 30 (1) A finding of no probable cause has been made on the 31 complaint by the administrative law judge charged with that 32 duty under section 216.15, subsection 3 . 33 (2) A conciliation agreement has been executed under 34 section 216.15 . 35 -95- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 95/ 236
(3) The commission agency has served notice of hearing upon 1 the respondent pursuant to section 216.15, subsection 6 . 2 (4) The complaint is closed as an administrative closure and 3 two years have elapsed since the issuance date of the closure. 4 b. Notwithstanding section 216.15, subsection 5 , a party may 5 obtain a copy of all documents contained in a case file where 6 the commission agency has issued a release to the complainant 7 pursuant to this subsection . 8 4. An action authorized under this section is barred unless 9 commenced within ninety days after issuance by the commission 10 agency of a release under subsection 3 . If a complainant 11 obtains a release from the commission agency under subsection 12 3 , the commission agency is barred from further action on that 13 complaint. 14 6. The district court may grant any relief in an action 15 under this section which is authorized by section 216.15, 16 subsection 9 , to be issued by the commission agency . The 17 district court may also award the respondent reasonable 18 attorney fees and court costs when the court finds that the 19 complainant’s action was frivolous. 20 Sec. 259. Section 216.16A, subsection 1, paragraphs b and c, 21 Code 2024, are amended to read as follows: 22 b. The election must be made not later than twenty days 23 after the date of receipt by the electing person of service 24 under section 216.15A, subsection 5 , or in the case of the 25 commission agency , not later than twenty days after the date 26 the determination was issued. 27 c. The person making the election shall give notice to the 28 commission agency and to all other complainants and respondents 29 to whom the election relates. 30 Sec. 260. Section 216.16A, subsection 2, paragraphs d and e, 31 Code 2024, are amended to read as follows: 32 d. If the commission agency has obtained a mediation 33 agreement with the consent of an aggrieved person, the 34 aggrieved person shall not file an action under this subsection 35 -96- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 96/ 236
with respect to the alleged discriminatory practice that forms 1 the basis for the complaint except to enforce the terms of the 2 agreement. 3 e. An aggrieved person shall not file an action under this 4 subsection with respect to an alleged discriminatory housing or 5 real estate practice that forms the basis of a charge issued 6 by the commission agency if the commission agency has begun a 7 hearing on the record under this chapter with respect to the 8 charge. 9 Sec. 261. Section 216.17, subsections 1, 2, 3, 4, 5, 7, and 10 10, Code 2024, are amended to read as follows: 11 1. a. Judicial review of the actions of the agency 12 or commission may be sought in accordance with the terms 13 of the Iowa administrative procedure Act, chapter 17A . 14 Notwithstanding the terms of said Act, petition for judicial 15 review may be filed in the district court in which an 16 enforcement proceeding under subsection 2 may be brought. 17 b. For purposes of the time limit for filing a petition for 18 judicial review under the Iowa administrative procedure Act, 19 chapter 17A , specified by section 17A.19 , the issuance of a 20 final decision of the agency or commission under this chapter 21 occurs on the date notice of the decision is mailed to the 22 parties. 23 c. Notwithstanding the time limit provided in section 24 17A.19, subsection 3 , a petition for judicial review of 25 no-probable-cause decisions and other final agency actions 26 which are not of general applicability must be filed within 27 thirty days of the issuance of the final agency action. 28 2. The commission agency may obtain an order of court for 29 the enforcement of agency or commission orders in a proceeding 30 as provided in this section . Such an enforcement proceeding 31 shall be brought in the district court of the district in the 32 county in which the alleged discriminatory or unfair practice 33 which is the subject of the agency’s or commission’s order was 34 committed, or in which any respondent required in the order to 35 -97- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 97/ 236
cease or desist from a discriminatory or unfair practice or to 1 take other affirmative action, resides, or transacts business. 2 3. Such an enforcement proceeding shall be initiated by 3 the filing of a petition in such court and the service of a 4 copy thereof upon the respondent. Thereupon the commission 5 agency shall file with the court a transcript of the record 6 of the hearing before it. The court shall have power to 7 grant such temporary relief or restraining order as it deems 8 just and proper, and to make and enter upon the pleadings, 9 testimony, and proceedings set forth in such transcript an 10 order enforcing, modifying, and enforcing as so modified, or 11 setting aside the order of the agency or commission, in whole 12 or in part. 13 4. An objection that has not been urged before the agency 14 or commission shall not be considered by the court in an 15 enforcement proceeding, unless the failure or neglect to urge 16 such objection shall be excused because of extraordinary 17 circumstances. 18 5. Any party to the enforcement proceeding may move the 19 court to remit the case to the agency or commission in the 20 interests of justice for the purpose of adducing additional 21 specified and material evidence and seeking findings thereof, 22 providing such party shall show reasonable grounds for 23 the failure to adduce such evidence before the agency or 24 commission. 25 7. The agency’s or commission’s copy of the testimony shall 26 be available to all parties for examination at all reasonable 27 times, without cost, and for the purpose of judicial review of 28 the agency’s or commission’s orders. 29 10. If no proceeding to obtain judicial review is instituted 30 within thirty days from the issuance of an order of the 31 commission under section 216.15 or 216.15A , the commission 32 agency may obtain an order of the court for the enforcement 33 of the order upon showing that respondent is subject to 34 the jurisdiction of the agency or commission and resides or 35 -98- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 98/ 236
transacts business within the county in which the petition for 1 enforcement is brought. 2 Sec. 262. Section 216.17A, subsection 1, paragraph a, Code 3 2024, is amended to read as follows: 4 a. If timely election is made under section 216.16A, 5 subsection 1 , the commission agency shall authorize, and not 6 later than thirty days after the election is made, the attorney 7 general shall file a civil action on behalf of the aggrieved 8 person in a district court seeking relief. 9 Sec. 263. Section 216.17A, subsections 2, 4, 10, and 11, 10 Code 2024, are amended to read as follows: 11 2. A commission An agency order under section 216.15A, 12 subsection 11 , and a an agency or commission order that has 13 been substantially affirmed by judicial review, do not affect 14 a contract, sale, encumbrance, or lease that was consummated 15 before the agency or commission issued the order and involved a 16 bona fide purchaser, encumbrancer, or tenant who did not have 17 actual notice of the charge issued under this chapter . 18 4. If the agency or commission issues an order against a 19 respondent against whom another order was issued within the 20 preceding five years under section 216.15A, subsection 11 , the 21 commission agency shall send a copy of each order issued under 22 that section to the attorney general. 23 10. The attorney general, on behalf of the commission 24 agency or other party at whose request a subpoena is issued, 25 may enforce the subpoena in appropriate proceedings in district 26 court. 27 11. A court in a civil action brought under this section 28 or the commission agency in an administrative hearing under 29 section 216.15A, subsection 11 , may award reasonable attorney’s 30 fees to the prevailing party and assess court costs against the 31 nonprevailing party. 32 Sec. 264. Section 216.17A, subsection 3, unnumbered 33 paragraph 1, Code 2024, is amended to read as follows: 34 If the agency or commission issues an order with respect 35 -99- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 99/ 236
to a discriminatory housing practice that occurred in the 1 course of a business subject to a licensing or regulation by a 2 governmental agency, the agency or commission, not later than 3 thirty days after the date of issuance of the order, shall do 4 all of the following: 5 Sec. 265. Section 216.17A, subsection 8, paragraph a, Code 6 2024, is amended to read as follows: 7 a. On the request of the agency or commission, the attorney 8 general may intervene in an action under section 216.16A, 9 subsection 2 , if the agency or commission certifies that the 10 case is of general public importance. 11 Sec. 266. Section 216.17A, subsection 9, paragraph a, 12 unnumbered paragraph 1, Code 2024, is amended to read as 13 follows: 14 On the request of the agency or commission, the attorney 15 general may file a civil action in district court for 16 appropriate relief if the agency or commission has reasonable 17 cause to believe that any of the following applies: 18 Sec. 267. Section 216.19, subsections 2, 3, 4, 5, 6, 7, and 19 8, Code 2024, are amended to read as follows: 20 2. A city with a population of twenty-nine thousand, or 21 greater, shall maintain an independent local civil rights 22 agency or commission consistent with commission agency rules 23 adopted pursuant to chapter 17A . An agency or commission 24 for which a staff is provided shall have control over such 25 staff. A city required to maintain a local civil rights agency 26 or commission shall structure and adequately fund the agency 27 or commission in order to effect cooperative undertakings 28 with the Iowa office of civil rights commission and to aid in 29 effectuating the purposes of this chapter . 30 3. An agency or commission of local government and the 31 Iowa office of civil rights commission shall cooperate in the 32 sharing of data and research, and coordinating investigations 33 and conciliations in order to expedite claims of unlawful 34 discrimination and eliminate needless duplication. The Iowa 35 -100- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 100/ 236
office of civil rights commission may enter into cooperative 1 agreements with any local agency or commission to effectuate 2 the purposes of this chapter . Such agreements may include 3 technical and clerical assistance and reimbursement of expenses 4 incurred by the local agency or commission in the performance 5 of the agency’s or commission’s duties if funds for this 6 purpose are appropriated by the general assembly. 7 4. The Iowa civil rights commission director may designate 8 an unfunded local agency or commission as a referral agency. A 9 local agency or commission shall not be designated a referral 10 agency unless the ordinance creating it provides the same 11 rights and remedies as are provided in this chapter . The Iowa 12 civil rights commission director shall establish by rules 13 the procedures for designating a referral agency and the 14 qualifications to be met by a referral agency. 15 5. The Iowa civil rights commission director may adopt 16 rules establishing the procedures for referral of complaints. 17 A referral agency may refuse to accept a case referred to 18 it by the Iowa office of civil rights commission if the 19 referral agency is unable to effect proper administration of 20 the complaint. It shall be the burden of the referral agency 21 to demonstrate that it is unable to properly administer that 22 complaint. 23 6. A complainant who files a complaint with a referral 24 agency having jurisdiction shall be prohibited from filing a 25 complaint with the Iowa civil rights commission agency alleging 26 violations based upon the same acts or practices cited in the 27 original complaint; and a complainant who files a complaint 28 with the commission agency shall be prohibited from filing 29 a complaint with the referral agency alleging violations 30 based upon the same acts or practices cited in the original 31 complaint. However, the Iowa civil rights commission agency in 32 its discretion may refer a complaint filed with the commission 33 agency to a referral agency having jurisdiction over the 34 parties for investigation and resolution; and a referral agency 35 -101- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 101/ 236
in its discretion may refer a complaint filed with that agency 1 to the commission office for investigation and resolution. 2 7. A final decision by a referral agency shall be subject 3 to judicial review as provided in section 216.17 in the same 4 manner and to the same extent as a final decision of the Iowa 5 civil rights commission agency . 6 8. The referral of a complaint by the Iowa office of 7 civil rights commission to a referral agency or by a referral 8 agency to the Iowa office of civil rights commission shall not 9 affect the right of a complainant to commence an action in the 10 district court under section 216.16 . 11 Sec. 268. Section 216.21, Code 2024, is amended to read as 12 follows: 13 216.21 Documents to attorney or party. 14 If a party is represented by an attorney during the 15 proceedings of the agency or commission, with permission of 16 the attorney for the party or of the party, the agency or 17 commission shall provide copies of all relevant documents 18 including an order or decision to either the attorney for the 19 party or the party, but not to both. 20 Sec. 269. Section 216.22, subsection 2, paragraph b, Code 21 2024, is amended to read as follows: 22 b. The franchisor has been found by the commission agency to 23 have exercised a type or degree of control over the franchisee 24 or the franchisee’s employees that is not customarily exercised 25 by a franchisor for the purpose of protecting the franchisor’s 26 trademarks and brand. 27 Sec. 270. Section 228.1, subsection 7, paragraph b, Code 28 2024, is amended to read as follows: 29 b. The individual holds a current Iowa license if 30 practicing in a field covered by an Iowa licensure law and 31 is a psychiatrist, an advanced registered nurse practitioner 32 who holds a national certification in psychiatric mental 33 health care and is licensed by the board of nursing, a 34 physician assistant practicing under the supervision of or in 35 -102- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 102/ 236
collaboration with a psychiatrist, a qualified mental health 1 professional physician assistant, a psychiatric advanced 2 registered nurse practitioner as defined in section 125.2 , 3 or an individual who holds a doctorate degree in psychology 4 and is licensed by the board of psychology behavioral health 5 professionals to practice psychology . For the purposes of this 6 paragraph, “collaboration” means the same as defined in section 7 148C.1 . 8 Sec. 271. Section 230A.110, subsection 2, Code 2024, is 9 amended by striking the subsection. 10 Sec. 272. Section 235B.1, subsection 4, Code 2024, is 11 amended by striking the subsection. 12 Sec. 273. Section 235B.3, subsection 1, paragraph a, 13 subparagraph (4), Code 2024, is amended to read as follows: 14 (4) If, in the course of an assessment or evaluation of 15 a report of dependent adult abuse, the department or the 16 department of inspections, appeals, and licensing determines 17 that the case involves discrimination under the jurisdiction 18 of the Iowa office of civil rights commission , the relevant 19 portions of the case shall be referred to the commission 20 office . 21 Sec. 274. Section 235B.16A, subsections 1 and 4, Code 2024, 22 are amended to read as follows: 23 1. The dependent adult protective advisory council 24 established pursuant to section 235B.1 department shall 25 recommend adopt a uniform assessment instrument and process for 26 adoption and use by the department and other agencies involved 27 with assessing a dependent adult’s degree of dependency 28 and determining whether dependent adult abuse has occurred. 29 However, this section shall not apply to dependent adult abuse 30 assessments and determinations made under chapter 235E . 31 4. The department shall cooperate with the departments 32 of inspections, appeals, and licensing, public safety, 33 and workforce development, the Iowa office of civil rights 34 commission , and other state and local agencies performing 35 -103- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 103/ 236
inspections or otherwise visiting residential settings where 1 dependent adults live, to regularly provide training to the 2 appropriate staff in the agencies concerning each agency’s 3 procedures involving dependent adults, and to build awareness 4 concerning dependent adults and reporting of dependent adult 5 abuse. 6 Sec. 275. Section 235E.5, Code 2024, is amended to read as 7 follows: 8 235E.5 Rulemaking authority. 9 The department, in cooperation and consultation with 10 the dependent adult protective advisory council established 11 in section 235B.1 , affected industry representatives , and 12 professional and consumer groups, may adopt rules pursuant to 13 chapter 17A to administer this chapter . 14 Sec. 276. Section 237A.12, subsection 3, Code 2024, is 15 amended to read as follows: 16 3. Rules relating to fire safety for child care centers 17 shall be adopted under this chapter by the director of 18 the department of inspections, appeals, and licensing in 19 consultation with the department. Rules adopted by the 20 director of the department of inspections, appeals, and 21 licensing for a building which is owned or leased by a school 22 district or accredited nonpublic school and used as a child 23 care facility shall not differ from standards adopted by 24 the director of the department of inspections, appeals, and 25 licensing for school buildings under chapter 10A, subchapter V, 26 part 2 . Rules relating to sanitation shall be adopted by the 27 department. All rules shall be developed in consultation with 28 the state child care advisory committee. The director of the 29 department of inspections, appeals, and licensing shall inspect 30 the facilities. 31 Sec. 277. Section 237A.25, subsection 1, Code 2024, is 32 amended to read as follows: 33 1. The department shall develop consumer information 34 material to assist parents in selecting a child care provider. 35 -104- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 104/ 236
In developing the material, the department shall consult with 1 department staff, department of education staff, the state 2 child care advisory committee, the early childhood Iowa state 3 board, and child care resource and referral services. In 4 addition, the department may consult with other entities at the 5 local, state, and national level. 6 Sec. 278. Section 237A.30, subsection 1, Code 2024, is 7 amended to read as follows: 8 1. The department shall work with the early childhood Iowa 9 program established in section 256I.5 and the state child care 10 advisory committee in designing and implementing a voluntary 11 quality rating system for each provider type of child care 12 facility. 13 Sec. 279. Section 249A.15, Code 2024, is amended to read as 14 follows: 15 249A.15 Licensed psychologists eligible for payment —— 16 provisional licensees. 17 1. The department shall adopt rules pursuant to chapter 18 17A entitling psychologists who are licensed pursuant to 19 chapter 154B and psychologists who are licensed in the state 20 where the services are provided and have a doctorate degree 21 in psychology, have had at least two years of clinical 22 experience in a recognized health setting, or have met the 23 standards of a national register of health service providers 24 in psychology, to payment for services provided to recipients 25 of medical assistance, subject to limitations and exclusions 26 the department finds necessary on the basis of federal laws and 27 regulations and of funds available for the medical assistance 28 program. The rules shall also provide that an individual, who 29 holds a provisional license to practice psychology pursuant 30 to section 154B.6 , is entitled to payment under this section 31 for services provided to recipients of medical assistance, 32 when such services are provided under the supervision of a 33 supervisor who meets the qualifications determined by the 34 board of psychology behavioral health professionals by rule, 35 -105- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 105/ 236
and claims for payment for such services are submitted by the 1 supervisor. 2 2. Entitlement to payment under this section is applicable 3 to services provided to recipients of medical assistance 4 under both the fee-for-service and managed care payment and 5 delivery systems. Neither the fee-for-service nor the managed 6 care payment and delivery system shall impose a practice 7 or supervision restriction which is inconsistent with or 8 more restrictive than the authority already granted by law, 9 including the authority to provide supervision in person or 10 remotely through electronic means as specified by rule of the 11 board of psychology behavioral health professionals . 12 Sec. 280. Section 249A.15A, subsections 1, 2, and 3, Code 13 2024, are amended to read as follows: 14 1. The department shall adopt rules pursuant to chapter 15 17A entitling marital and family therapists who are licensed 16 pursuant to chapter 154D to payment for behavioral health 17 services provided to recipients of medical assistance, subject 18 to limitations and exclusions the department finds necessary 19 on the basis of federal laws and regulations. The rules shall 20 also provide that a marital and family therapist, who holds 21 a temporary license to practice marital and family therapy 22 pursuant to section 154D.7 , is entitled to payment under this 23 section for behavioral health services provided to recipients 24 of medical assistance, when such services are provided under 25 the supervision of a qualified supervisor as determined by the 26 board of behavioral science behavioral health professionals by 27 rule, and claims for payment for such services are submitted by 28 the qualified supervisor. 29 2. The department shall adopt rules pursuant to chapter 30 17A entitling master social workers who hold a master’s 31 degree approved by the board of social work behavioral health 32 professionals , are licensed as a master social worker pursuant 33 to section 154C.3, subsection 1 , paragraph “b” , and provide 34 treatment services under the supervision of an independent 35 -106- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 106/ 236
social worker licensed pursuant to section 154C.3, subsection 1 1 , paragraph “c” , to payment for behavioral health services 2 provided to recipients of medical assistance, subject to 3 limitations and exclusions the department finds necessary on 4 the basis of federal laws and regulations. 5 3. The department shall adopt rules pursuant to chapter 17A 6 entitling mental health counselors who are licensed pursuant 7 to chapter 154D to payment for behavioral health services 8 provided to recipients of medical assistance, subject to 9 limitations and exclusions the department finds necessary on 10 the basis of federal laws and regulations. The rules shall 11 also provide that a mental health counselor, who holds a 12 temporary license to practice mental health counseling pursuant 13 to section 154D.7 , is entitled to payment under this section 14 for behavioral health services provided to recipients of 15 medical assistance, when such services are provided under the 16 supervision of a qualified supervisor as determined by the 17 board of behavioral science behavioral health professionals by 18 rule, and claims for payment for such services are submitted by 19 the qualified supervisor. 20 Sec. 281. Section 256.3, subsections 1 and 2, Code 2024, are 21 amended to read as follows: 22 1. The state board of education is established for the 23 department. The state board consists of ten nine members: 24 nine seven voting members , and one nonvoting student member , 25 and the director of the department of workforce development, 26 who shall serve as a nonvoting member . The voting members 27 shall be appointed by the governor subject to senate 28 confirmation. The nonvoting student member shall be appointed 29 as provided in section 256.5A . 30 2. The voting members shall be registered voters of 31 the state and hold no other elective or appointive state 32 office. Not more than five voting members shall be of the 33 same political party. Three of the voting members shall 34 have substantial knowledge related to the community college 35 -107- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 107/ 236
system. The remaining six voting members shall be members of 1 the general public. A voting member shall not be engaged in 2 professional education for a major portion of the member’s time 3 nor shall the member derive a major portion of income from any 4 business or activity connected with education. 5 Sec. 282. Section 256.7, subsection 7, paragraph c, Code 6 2024, is amended by striking the paragraph. 7 Sec. 283. Section 256.9, subsection 31, paragraph b, Code 8 2024, is amended to read as follows: 9 b. Standards and materials developed shall include materials 10 which employ developmentally appropriate practices and 11 incorporate substantial parental involvement. The materials 12 and standards shall include alternative teaching approaches 13 including collaborative teaching and alternative dispute 14 resolution training. The department shall consult with the 15 child development coordinating council, the state child care 16 advisory committee established pursuant to section 135.173A , 17 the department of health and human services, the state board 18 of regents center for early developmental education, the 19 area education agencies, the department of human development 20 and family studies in the college of human sciences at 21 Iowa state university of science and technology, the early 22 childhood elementary division of the college of education at 23 the university of Iowa, and the college of education at the 24 university of northern Iowa, in developing these standards and 25 materials. 26 Sec. 284. Section 256.17, Code 2024, is amended to read as 27 follows: 28 256.17 Postsecondary course audit committee . 29 1. The department shall establish and facilitate a 30 postsecondary course audit committee which shall annually 31 audit postsecondary courses offered to high school students in 32 accordance with chapter 261E . 33 2. The committee shall include but not be limited 34 to representatives from the kindergarten through grade 35 -108- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 108/ 236
twelve education community, community colleges, and regents 1 universities. 2 3. 2. The committee department shall establish a sampling 3 technique that randomly selects courses for audit. The audit 4 shall include but not be limited to a review of the course 5 syllabus, teacher qualifications, examples of student products, 6 and results of student assessments. Standards for review shall 7 be established by the committee and approved by the department. 8 Audit findings shall be submitted to the institutions providing 9 the classes audited and shall be posted on the department’s 10 internet site. 11 4. 3. If the committee department determines that a 12 postsecondary course offered to high school students in 13 accordance with chapter 261E does not meet the standards 14 established by the committee department pursuant to subsection 15 3 2 , the course shall not be eligible for future supplementary 16 weighting under section 257.11 . If the institution makes 17 changes to the course sufficient to cause the course to meet 18 the standards of the committee department , the committee 19 department may reinstate the eligibility of the course for 20 future supplementary weighting under section 257.11 . 21 Sec. 285. Section 256.32, subsection 1, Code 2024, is 22 amended to read as follows: 23 1. An advisory council for agricultural education is 24 established, which consists of nine seven members appointed 25 by the governor. The nine seven members shall include the 26 following: 27 a. Five at least four persons representing all areas 28 of agriculture and diverse geographical areas and at least 29 one person involved in the field of education, including 30 but not limited to a secondary school program instructor, a 31 postsecondary school program instructor, or a teacher educator . 32 b. An individual representing agriculture on a council 33 created to advise the state on career and technical education 34 matters. 35 -109- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 109/ 236
c. A secondary school program instructor, a postsecondary 1 school program instructor, and a teacher educator. 2 Sec. 286. Section 256.33, subsection 1, Code 2024, is 3 amended to read as follows: 4 1. The department shall consort with school districts, 5 area education agencies, community colleges, and colleges 6 and universities to provide assistance to them in the use 7 of educational technology for instruction purposes. The 8 department shall consult with the advisory committee on 9 telecommunications, established in section 256.7, subsection 7 , 10 and other users of educational technology on the development 11 and operation of programs under this section . 12 Sec. 287. Section 256.82, subsection 1, paragraph a, Code 13 2024, is amended to read as follows: 14 a. Four members shall be appointed by the governor so 15 that the portion of the board membership appointed under this 16 paragraph includes two male board members and two female board 17 members at all times : 18 (1) One member shall be appointed from the business 19 community other than the television and telecommunications 20 industry. 21 (2) One member shall be appointed with experience in or 22 knowledge about the television industry. 23 (3) One member shall be appointed from the membership of 24 a fundraising nonprofit organization financially assisting 25 the Iowa public broadcasting division . At least one member 26 shall have experience in or knowledge of the television and 27 telecommunications industry, and at least one member shall 28 have experience with or knowledge of fundraising nonprofit 29 organizations. 30 (4) One member shall represent the general public. 31 Sec. 288. Section 256.176, subsection 2, paragraphs a and d, 32 Code 2024, are amended to read as follows: 33 a. A member of the state board of regents to be named by the 34 state board of regents, or the executive director of the state 35 -110- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 110/ 236
board of regents if so appointed by the state board of regents, 1 who shall serve for a four-year term or until the expiration 2 of the member’s term of office , and who shall serve as an ex 3 officio, nonvoting member . 4 d. Nine Seven additional members to be appointed by the 5 governor as follows: 6 (1) One member shall be selected to represent private 7 colleges and universities located in the state of Iowa. 8 When appointing this member, the governor shall give careful 9 consideration to any person nominated or recommended by any 10 organization or association of some or all private colleges and 11 universities located in the state of Iowa. 12 (2) One member shall be selected to represent Iowa’s 13 community colleges. When appointing this member, the governor 14 shall give careful consideration to any person nominated 15 or recommended by any organization or association of Iowa 16 community colleges. 17 (3) (1) One At least one member shall be enrolled as a 18 student at an institution of higher learning governed by the 19 board of regents, a community college, or an accredited private 20 institution. 21 (4) (2) One At least one member shall be a parent of a 22 student enrolled at an institution of higher learning governed 23 by the board of regents, a community college, or an accredited 24 private institution. 25 (5) (3) One At least one member shall represent 26 practitioners licensed under chapter 256, subchapter VII, 27 part 3 . When appointing this member, the governor shall give 28 careful consideration to any person nominated by an Iowa 29 teacher association or other education stakeholder organization 30 have knowledge and experience in financial or fiduciary 31 matters . 32 (6) Four members shall represent the general public, 33 none of whom shall be officers, board members, or trustees 34 of an institution of higher learning or of an association of 35 -111- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 111/ 236
institutions of higher learning. 1 Sec. 289. Section 256.176, subsection 2, Code 2024, is 2 amended by adding the following new paragraphs: 3 NEW PARAGRAPH . e. One member to represent private colleges 4 and universities located in the state of Iowa, who shall be 5 selected by an organization or association of some or all 6 private colleges and universities located in the state of Iowa, 7 and who shall serve as an ex officio, nonvoting member. 8 NEW PARAGRAPH . f. One member to represent Iowa’s community 9 colleges, who shall be selected by an organization or 10 association of Iowa community colleges, and who shall serve as 11 an ex officio, nonvoting member. 12 Sec. 290. Section 256I.4, subsection 19, Code 2024, is 13 amended by striking the subsection and inserting in lieu 14 thereof the following: 15 19. Serve as the state advisory council required under the 16 federal Improving Head Start for School Readiness Act of 2007, 17 Pub. L. No. 110-134, as designated by the governor. 18 Sec. 291. Section 260C.36, subsection 4, Code 2024, is 19 amended to read as follows: 20 4. The department of education shall establish the 21 following committees: 22 a. An an ad hoc accreditation quality faculty plan protocol 23 committee to advise the department in the development of 24 protocols related to the quality faculty planning process to 25 be used by the accreditation teams during site visits. The 26 committee shall, at a minimum, determine what types of evidence 27 need to be provided, develop interview procedures and visit 28 goals, and propose accreditation protocol revisions. 29 b. An ongoing quality faculty plan professional development 30 committee. The committee shall, at a minimum, do the 31 following: 32 (1) Develop systemic, ongoing, and sustainable statewide 33 professional development opportunities that support 34 institutional development as well as individual development and 35 -112- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 112/ 236
support of the quality faculty plans. The opportunities may 1 include internet-based systems to share promising practices. 2 (2) Determine future professional development needs. 3 (3) Develop or identify training and assistance relating to 4 the quality faculty plan process and requirements. 5 (4) Assist the department and community colleges in 6 developing professional development consortia. 7 (5) Review and identify best practices in each community 8 college quality faculty plan, including best practices 9 regarding adjunct faculty. 10 c. A community college faculty advisory committee consisting 11 of one member and one alternate from each community college, 12 appointed by the committee established pursuant to subsection 13 1 . The committee membership shall be equally represented by 14 individuals from the liberal arts and sciences faculty and 15 the career and technical faculty. The committee shall, at a 16 minimum, keep faculty informed of higher education issues, 17 facilitate communication between the faculty and the department 18 on an ongoing basis, and serve as an advisory committee to the 19 department and community colleges on faculty issues. 20 Sec. 292. Section 260C.39, subsection 3, Code 2024, is 21 amended to read as follows: 22 3. The terms of employment of personnel, for the academic 23 year following the effective date of the agreement to combine 24 the merged areas shall not be affected by the combination of 25 the merged areas, except in accordance with the procedures 26 under sections 279.15 , 279.16 , 279.18 , and 279.24 , to 27 the extent those procedures are applicable, or under the 28 terms of the base bargaining agreement. The authority and 29 responsibility to offer new contracts or to continue, modify, 30 or terminate existing contracts pursuant to any applicable 31 procedures under chapter 279 , shall be transferred to the 32 acting, and then to the new, board of the combined merged area 33 upon certification of a favorable vote to each of the merged 34 areas affected by the agreement. The collective bargaining 35 -113- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 113/ 236
agreement of the merged area receiving the greatest amount of 1 general state aid shall serve as the base agreement for the 2 combined merged area and the employees of the merged areas 3 which combined to form the new combined merged area shall 4 automatically be accreted to the bargaining unit from that 5 former merged area for purposes of negotiating the contracts 6 for the following years without further action by the public 7 employment relations appeal board. If only one collective 8 bargaining agreement is in effect among the merged areas which 9 are combining under this section , then that agreement shall 10 serve as the base agreement, and the employees of the merged 11 areas which are combining to form the new combined merged 12 area shall automatically be accreted to the bargaining unit 13 of that former merged area for purposes of negotiating the 14 contracts for the following years without further action by the 15 public employment relations appeal board. The board of the 16 combined merged area, using the base agreement as its existing 17 contract, shall bargain with the combined employees of the 18 merged areas that have agreed to combine for the academic year 19 beginning with the effective date of the agreement to combine 20 merged areas. The bargaining shall be completed by March 15 21 prior to the academic year in which the agreement to combine 22 merged areas becomes effective or within one hundred eighty 23 days after the organization of the acting board of the new 24 combined merged area, whichever is later. If a bargaining 25 agreement was already concluded in the former merged area which 26 has the collective bargaining agreement that is serving as the 27 base agreement for the new combined merged area, between the 28 former merged area board and the employees of the former merged 29 area, that agreement is void, unless the agreement contained 30 multiyear provisions affecting academic years subsequent to the 31 effective date of the agreement to form a combined merged area. 32 If the base collective bargaining agreement contains multiyear 33 provisions, the duration and effect of the agreement shall 34 be controlled by the terms of the agreement. The provisions 35 -114- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 114/ 236
of the base agreement shall apply to the offering of new 1 contracts, or the continuation, modification, or termination 2 of existing contracts between the acting or new board of the 3 combined merged area and the combined employees of the new 4 combined merged area. 5 Sec. 293. Section 261A.6, subsection 2, Code 2024, is 6 amended to read as follows: 7 2. a. The For members appointed prior to the effective date 8 of this division of this Act, members of the authority shall be 9 appointed by the governor for terms of six years beginning and 10 ending as provided in section 69.19 . A member of the authority 11 is eligible for reappointment. 12 b. For members appointed on or after the effective date of 13 this division of this Act, members of the authority shall be 14 appointed by the governor for terms of four years beginning and 15 ending as provided in section 69.19. A member of the authority 16 shall not serve more than two full terms. 17 c. The governor shall fill a vacancy for the remainder of 18 the unexpired term. A member of the authority may be removed 19 by the governor for misfeasance, malfeasance, or willful 20 neglect of duty or other cause after notice and a public 21 hearing unless the notice and hearing are waived by the member 22 in writing. 23 Sec. 294. Section 266.39, subsections 3 and 5, Code 2024, 24 are amended by striking the subsections. 25 Sec. 295. Section 272C.1, subsection 6, paragraphs b and u, 26 Code 2024, are amended by striking the paragraphs. 27 Sec. 296. Section 272C.1, subsection 6, paragraphs s and ad, 28 Code 2024, are amended to read as follows: 29 s. The board of psychology behavioral health professionals , 30 created pursuant to chapter 147 . 31 ad. The plumbing and mechanical systems board of building 32 and construction occupations , created pursuant to chapter 105 33 103A , in performing licensing activities pursuant to chapters 34 103 and 105 . 35 -115- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 115/ 236
Sec. 297. Section 273.22, subsection 2, paragraph a, Code 1 2024, is amended to read as follows: 2 a. The collective bargaining agreement of the area education 3 agency with the largest basic enrollment, as defined in section 4 257.6 , for the year prior to the year the reorganization is 5 effective, shall serve as the base agreement in the new area 6 education agency and the employees of the other area education 7 agencies involved in the formation of the new area education 8 agency 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 12 board. If only one collective bargaining agreement is in 13 effect among the area education agencies that are party to 14 the reorganization, that agreement shall serve as the base 15 agreement, and the employees of the other agencies involved 16 in the formation of the new area education agency shall 17 automatically be accreted to the bargaining unit of that 18 collective bargaining agreement for purposes of negotiating the 19 contracts for the following years without further action by the 20 public employment relations appeal board. 21 Sec. 298. Section 275.33, subsection 2, paragraph a, Code 22 2024, is amended to read as follows: 23 a. The collective bargaining agreement of the district 24 with the largest basic enrollment for the year prior to 25 the reorganization, as defined in section 257.6 , in the new 26 district shall serve as the base agreement and the employees 27 of the other districts involved in the formation of the new 28 district shall automatically be accreted to the bargaining 29 unit of that collective bargaining agreement for purposes of 30 negotiating the contracts for the following years without 31 further action by the public employment relations appeal board. 32 If only one collective bargaining agreement is in effect among 33 the districts which are party to the reorganization, then that 34 agreement shall serve as the base agreement, and the employees 35 -116- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 116/ 236
of the other districts involved in the formation of the new 1 district shall automatically be accreted to the bargaining 2 unit of that collective bargaining agreement for purposes of 3 negotiating the contracts for the following years without 4 further action by the public employment relations appeal board. 5 Sec. 299. Section 284.11, subsection 2, paragraph c, Code 6 2024, is amended to read as follows: 7 c. Review the use and effectiveness of the funds distributed 8 to school districts for supplemental assistance in high-need 9 schools under this section , and consider the findings and 10 recommendations of the commission on educator leadership 11 and compensation submitted pursuant to section 284.15, 12 subsection 13 , relating to the use and effectiveness of the 13 funds distributed to school districts under this section . The 14 department shall submit its findings and recommendations in a 15 report to the general assembly by January 15 annually. 16 Sec. 300. Section 284.15, subsection 12, Code 2024, is 17 amended by striking the subsection. 18 Sec. 301. Section 284.15, subsection 14, Code 2024, is 19 amended to read as follows: 20 14. The provisions of this chapter shall be subject to 21 legislative review at least every three years. The review 22 shall be based upon a status report from the commission 23 on educator leadership and compensation, which shall be 24 prepared with the assistance of the departments of education, 25 management, and revenue. The status report shall review and 26 report on the department’s assignment and utilization of 27 full-time equivalent positions, and shall include information 28 on teacher retention, teacher compensation, academic quality 29 of beginning teachers, teacher evaluation results, student 30 achievement trend and comparative data, and recommendations 31 for changes to the teacher leadership supplement foundation 32 aid and the framework or comparable systems approved pursuant 33 to this section . The first status report shall be submitted 34 to the general assembly by January 15, 2017, with subsequent 35 -117- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 117/ 236
status reports prepared and submitted to the general assembly 1 by January 15 at least every third year thereafter. 2 Sec. 302. Section 312.3, subsection 1, Code 2024, is amended 3 to read as follows: 4 1. Apportion among the counties the road use tax funds 5 credited to the secondary road fund by using the distribution 6 methodology adopted pursuant to section 312.3C by the 7 commission by rule . 8 Sec. 303. Section 312.3B, subsection 2, Code 2024, is 9 amended to read as follows: 10 2. The Iowa county engineers association service 11 bureau shall annually compute the secondary road fund and 12 farm-to-market road fund distributions using the methodology 13 determined by the secondary road fund distribution committee 14 pursuant to section 312.3C commission . The Iowa county 15 engineers association service bureau shall report the 16 computations to the secondary road fund distribution committee, 17 the department, the treasurer of state, and the counties. 18 Sec. 304. Section 312.5, subsection 1, Code 2024, is amended 19 to read as follows: 20 1. For the fiscal year ending June 30, 2006, the treasurer 21 of state shall apportion among the counties the road use tax 22 funds credited to the farm-to-market road fund by using the 23 allocation method contained in section 312.5, subsection 1 , 24 Code 2005. For subsequent fiscal years Each fiscal year , the 25 treasurer of state shall apportion among the counties the road 26 use tax funds credited to the farm-to-market road fund by using 27 the distribution methodology adopted pursuant to section 312.3C 28 by the commission . 29 Sec. 305. Section 312.16, Code 2024, is amended by adding 30 the following new subsection: 31 NEW SUBSECTION . 01. “Commission” means the state 32 transportation commission. 33 Sec. 306. Section 312A.3, subsection 2, Code 2024, is 34 amended to read as follows: 35 -118- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 118/ 236
2. Twenty percent for deposit in the secondary road fund, 1 for apportionment according to the methodology adopted pursuant 2 to section 312.3C by the commission , to be used by counties 3 for construction and maintenance projects on secondary road 4 bridges and on highways in the farm-to-market road system. At 5 least ten percent of the moneys allocated to a county under 6 this subsection shall be used for bridge construction, repair, 7 and maintenance, with priority given to projects that aid and 8 support economic development and job creation. 9 Sec. 307. Section 314.1, subsection 2, Code 2024, is amended 10 to read as follows: 11 2. Notwithstanding any other provision of law to the 12 contrary, a public improvement that involves the construction, 13 reconstruction, or improvement of a highway, bridge, or culvert 14 and that has a cost in excess of the applicable threshold in 15 section 73A.18 , 262.34 , 297.7 , 309.40 , 310.14 , or 313.10 , as 16 modified by the bid threshold subcommittee director pursuant 17 to section 314.1B , shall be advertised and let for bid, except 18 such public improvements that involve emergency work pursuant 19 to section 309.40A , 313.10 , or 384.103, subsection 2 . For a 20 city having a population of fifty thousand or less, a public 21 improvement that involves the construction, reconstruction, or 22 improvement of a highway, bridge, or culvert that has a cost 23 in excess of twenty-five thousand dollars, as modified by the 24 bid threshold subcommittee director pursuant to section 314.1B , 25 shall be advertised and let for bid, excluding emergency work. 26 However, a public improvement that has an estimated total 27 cost to a city in excess of a threshold of fifty thousand 28 dollars, as modified by the bid threshold subcommittee director 29 pursuant to section 314.1B , and that involves the construction, 30 reconstruction, or improvement of a highway, bridge, or culvert 31 that is under the jurisdiction of a city with a population 32 of more than fifty thousand, shall be advertised and let for 33 bid. Cities required to competitively bid highway, bridge, 34 or culvert work shall do so in compliance with the contract 35 -119- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 119/ 236
letting procedures of sections 26.3 through 26.12 . 1 Sec. 308. Section 314.1B, subsection 1, paragraph a, Code 2 2024, is amended by striking the paragraph. 3 Sec. 309. Section 314.1B, subsection 1, paragraph b, Code 4 2024, is amended to read as follows: 5 b. The subcommittee director, in consultation with industry 6 and subject matter experts, shall review the competitive bid 7 thresholds applicable to city and county highway, bridge, 8 and culvert projects. The subcommittee director shall 9 review price adjustments for all types of city and county 10 highway, bridge, and culvert construction, reconstruction, and 11 improvement projects, based on changes in the construction 12 price index from the preceding year. Upon completion of the 13 review the subcommittee director may make adjustments in the 14 applicable bid thresholds for types of work based on the price 15 adjustments. 16 Sec. 310. Section 314.1B, subsection 2, paragraph a, Code 17 2024, is amended by striking the paragraph. 18 Sec. 311. Section 314.1B, subsection 2, paragraphs b, c, d, 19 and e, Code 2024, are amended to read as follows: 20 b. The subcommittee appointed under this subsection 21 director, in consultation with industry and subject matter 22 experts, shall review the competitive bid thresholds applicable 23 to governmental entities under chapter 26 . The subcommittee 24 director shall review price adjustments for all types of 25 construction, reconstruction, and public improvement projects 26 based on the changes in the construction price index, building 27 cost index, and material cost index from the preceding 28 adjustment. Upon completion of the review the subcommittee 29 director may make adjustments in the applicable bid thresholds 30 for types of work based on the price adjustments. 31 c. The subcommittee shall not make an initial adjustment to 32 the competitive bid threshold in section 26.3 to be effective 33 prior to January 1, 2012. Thereafter, the subcommittee The 34 director shall adjust the bid threshold amount in accordance 35 -120- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 120/ 236
with subsection 3 but shall not adjust the bid threshold to an 1 amount less than the bid threshold applicable to a governmental 2 entity on January 1, 2007. 3 d. Beginning July 1, 2006 2024 , the subcommittee director 4 shall make adjustments to the competitive quotation threshold 5 amounts in section 26.14 for vertical infrastructure in 6 accordance with the methodology of paragraph “b” . 7 e. After 2012, the subcommittee The director shall adjust 8 the competitive quotation threshold amounts in section 26.14 9 at the same time and by the same percentage as adjustments are 10 made to the competitive bid threshold. 11 Sec. 312. Section 314.1B, subsection 3, Code 2024, is 12 amended to read as follows: 13 3. Review —— publication. Each subcommittee The director 14 shall meet to conduct the review and make the adjustments 15 described in this section on or before August 1 of every 16 other year, or of every year if determined necessary by the 17 subcommittee director . By September 1 of each year in which 18 a subcommittee director makes adjustments in the bid or 19 quotation thresholds, the director shall cause an advisory 20 notice to be published in the Iowa administrative bulletin and 21 in a newspaper of general circulation in this state, stating 22 the adjusted bid and quotation thresholds to be in effect 23 on January 1 of the following year, as established by the 24 subcommittees director under this section . 25 Sec. 313. Section 314.13, subsection 2, Code 2024, is 26 amended by striking the subsection. 27 Sec. 314. Section 314.13, Code 2024, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 4A. “Director” means the director of 30 transportation. 31 Sec. 315. Section 314.22, subsection 3, Code 2024, is 32 amended to read as follows: 33 3. Integrated roadside vegetation management technical 34 advisory committee Report . 35 -121- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 121/ 236
a. The director of the department shall appoint members 1 to an integrated roadside vegetation management technical 2 advisory committee which is created to provide advice on the 3 development and implementation of a statewide integrated 4 roadside vegetation management plan and program and related 5 projects. The department shall report annually in January to 6 the general assembly regarding its activities and those of the 7 committee under this section . Activities of the committee may 8 include but are not limited to providing advice and assistance 9 in the following areas: 10 (1) Research efforts. 11 (2) Demonstration projects. 12 (3) Education and orientation efforts for property owners, 13 public officials, and the general public. 14 (4) Activities of the integrated roadside vegetation 15 management coordinator for integrated roadside vegetation 16 management. 17 (5) Reviewing applications for funding assistance. 18 (6) Securing funding for research and demonstrations. 19 (7) Determining needs for revising the state weed law and 20 other applicable Code sections. 21 (8) Liaison with the Iowa state association of counties, the 22 Iowa league of cities, and other organizations for integrated 23 roadside vegetation management purposes. 24 b. The director may appoint any number of persons to the 25 committee but, at a minimum, the committee shall consist of all 26 of the following: 27 (1) One member representing the utility industry. 28 (2) One member from the Iowa academy of sciences. 29 (3) One member representing county government. 30 (4) One member representing city government. 31 (5) Two members representing the private sector including 32 community interest groups. 33 (6) One member representing soil conservation interests. 34 (7) One member representing the department of natural 35 -122- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 122/ 236
resources. 1 (8) One member representing county conservation boards. 2 c. Members of the committee shall serve without 3 compensation, but may be reimbursed for allowable expenses from 4 the living roadway trust fund created under section 314.21 . No 5 more than a simple majority of the members of the committee 6 shall be of the same gender as provided in section 69.16A . 7 The director of the department shall appoint the chair of the 8 committee and shall establish a minimum schedule of meetings 9 for the committee. 10 Sec. 316. Section 321.252, subsection 3, paragraph a, Code 11 2024, is amended to read as follows: 12 a. The department shall establish, by rule, in cooperation 13 with a tourist signing committee, the standards for 14 tourist-oriented directional signs and shall annually review 15 the list of attractions for which signing is in place. The 16 rules shall conform to national standards for tourist-oriented 17 directional signs adopted under 23 U.S.C. §131(q) and to the 18 manual of uniform traffic-control devices. 19 (1) The tourist signing committee shall be made up of 20 the directors or the directors’ designees of the departments 21 of agriculture and land stewardship, natural resources, and 22 transportation, the director or the director’s designee of 23 the economic development authority, the chairperson or the 24 chairperson’s designee of the Iowa travel council, and a 25 member of the outdoor advertising association of Iowa. The 26 director or the director’s designee of the economic development 27 authority shall be the chairperson of the committee. 28 (2) The department of transportation shall be responsible 29 for calling and setting the date of the meetings of the 30 committee which meetings shall be based upon the amount of 31 activity relating to signs. However, the committee shall meet 32 at least once a month. 33 Sec. 317. Section 331.301, subsection 6, paragraph b, Code 34 2024, is amended to read as follows: 35 -123- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 123/ 236
b. A county shall not impose any fee or charge on any 1 individual or business licensed pursuant to chapter 105 by 2 the plumbing and mechanical systems board of building and 3 construction occupations for the right to perform plumbing, 4 mechanical, HVAC, refrigeration, sheet metal, or hydronic 5 systems work within the scope of the license. This paragraph 6 does not prohibit a county from charging fees for the issuance 7 of permits for, and inspections of, work performed in its 8 jurisdiction. 9 Sec. 318. Section 333A.2, subsection 1, paragraphs b and c, 10 Code 2024, are amended to read as follows: 11 b. Five elected county officials who are regularly involved 12 in budget preparation. One county official shall be from 13 a county with a population of less than eleven thousand 14 five hundred, one from a county with a population of more 15 than eleven thousand five hundred but not more than sixteen 16 thousand, one from a county with a population of more than 17 sixteen thousand but not more than twenty-two thousand five 18 hundred, one from a county with a population of more than 19 twenty-two thousand five hundred but not more than eighty 20 thousand and one from a county with a population of more than 21 eighty thousand. The governor director of the department of 22 management shall select and appoint the county officials , 23 subject to the approval of two-thirds of the members of the 24 senate . 25 c. A certified public accountant experienced in governmental 26 accounting selected and appointed by the governor with the 27 approval of two-thirds of the members of the senate director of 28 the department of management . 29 Sec. 319. Section 333A.2, subsection 2, Code 2024, is 30 amended to read as follows: 31 2. The members of the committee appointed by the governor 32 director of the department of management are appointed for 33 four-year terms except that of the initial appointments, two 34 county official members shall be appointed to two-year terms. 35 -124- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 124/ 236
When a county official member no longer holds the office which 1 qualified the official for appointment, the official shall no 2 longer be a member of the committee. Any person appointed to 3 fill a vacancy shall be appointed to serve the unexpired term. 4 Any member is eligible for reappointment, but a member shall 5 not be appointed to serve more than two four-year terms. 6 Sec. 320. Section 357A.21, subsection 2, Code 2024, is 7 amended to read as follows: 8 2. If an agreement is not reached under subsection 1 , 9 the governing body of the city or water utility or the board 10 of directors or trustees of the district or association may 11 request mediation pursuant to chapter 679C . The governing 12 body or board requesting mediation shall be responsible for 13 the costs of the mediation. A mediation committee shall be 14 established if a governing body or board requests mediation 15 pursuant to this subsection . The mediation committee shall 16 consist of one member of the governing body of the city or the 17 governing body’s designee, one member of the board of directors 18 or trustees of the district or association, as applicable, and 19 one disinterested member chosen by the other two members. A 20 list of qualified mediators may be obtained from the American 21 arbitration association, the public employment relations appeal 22 board established pursuant to section 20.5 10A.601 , or a 23 recognized mediation organization or association. 24 Sec. 321. Section 364.3, subsection 3, paragraph b, Code 25 2024, is amended to read as follows: 26 b. A city shall not impose any fee or charge on any 27 individual or business licensed pursuant to chapter 105 by 28 the plumbing and mechanical systems board of building and 29 construction occupations for the right to perform plumbing, 30 mechanical, HVAC, refrigeration, sheet metal, or hydronic 31 systems work within the scope of the license. This paragraph 32 does not prohibit a city from charging fees for the issuance 33 of permits for, and inspections of, work performed in its 34 jurisdiction. 35 -125- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 125/ 236
Sec. 322. Section 384.13, subsection 2, paragraphs c and d, 1 Code 2024, are amended to read as follows: 2 c. Five city officials who are regularly involved in 3 budget preparation. One official must be from a city with a 4 population of not over two thousand five hundred, one from a 5 city with a population of over two thousand five hundred but 6 not over fifteen thousand, one from a city with a population 7 of over fifteen thousand but not over fifty thousand, one from 8 a city with a population of over fifty thousand, and one from 9 any size city. The governor director of the department of 10 management shall select and appoint the city officials. 11 d. One certified public accountant experienced in city 12 accounting, to be selected and appointed by the governor 13 director of the department of management . 14 Sec. 323. Section 455A.5, subsection 1, Code 2024, is 15 amended to read as follows: 16 1. a. A natural resource commission is created, which 17 consists of seven members appointed by the governor for 18 staggered terms of six years beginning and ending as provided 19 in section 69.19 , except as provided in paragraph “b” . The 20 appointees are subject to senate confirmation. The members 21 shall be citizens of the state who have a substantial knowledge 22 of the subjects embraced by chapter 456A . The appointments 23 shall be based upon the training, experience, and capacity of 24 the appointees, and not based upon political considerations, 25 other than as provided in section 69.16 . A member of the 26 commission shall not hold any other state or federal office. 27 b. For members appointed on or after the effective date 28 of this division of this Act, members shall serve staggered 29 terms of four years beginning and ending as provided in section 30 69.19. 31 Sec. 324. Section 455A.5, subsection 6, paragraph d, Code 32 2024, is amended to read as follows: 33 d. Approve Provide advice and recommendations regarding 34 the budget request prepared by the director for the programs 35 -126- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 126/ 236
authorized by chapters 321G , 321I , 456A , 456B , 457A , 461A , 1 462A , 462B , 464A , 481A , 481B , 483A , 484A , and 484B . The 2 commission may increase, decrease, or strike any item within 3 the department budget request for the specified programs before 4 granting approval. 5 Sec. 325. Section 455A.6, subsection 6, paragraph d, Code 6 2024, is amended to read as follows: 7 d. Approve Provide advice and make recommendations regarding 8 the budget request prepared by the director for the programs 9 authorized by chapters 455B , 455C , 455E , 455F , 455H , and 459, 10 subchapters II and III . The commission shall approve the 11 budget request prepared by the director for programs subject to 12 the rulemaking authority of the commission. The commission may 13 increase, decrease, or strike any item within the department 14 budget request for the specified programs before granting 15 approval. 16 Sec. 326. Section 455A.19, subsection 1, unnumbered 17 paragraph 1, Code 2024, is amended to read as follows: 18 Upon receipt of any revenue, the director shall deposit the 19 moneys in the Iowa resources enhancement and protection fund 20 created pursuant to section 455A.18 . The first three hundred 21 fifty thousand dollars of the funds received for deposit in the 22 fund annually shall be allocated to the conservation education 23 program board for the purposes specified in section 455A.21 . 24 One percent of the revenue receipts shall be deducted and 25 transferred to the administration fund provided for in section 26 456A.17 . All of the remaining receipts shall be allocated to 27 the following accounts: 28 Sec. 327. Section 455A.21, Code 2024, is amended to read as 29 follows: 30 455A.21 Conservation education program board . 31 1. A conservation education program board is created in 32 the department. The board shall have five members appointed 33 as follows: 34 a. One member appointed by the director of the department 35 -127- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 127/ 236
of education. 1 b. One member appointed by the director of the department of 2 natural resources. 3 c. One member appointed by the president of the Iowa 4 association of county conservation boards. 5 d. One member appointed by the president of the Iowa 6 association of naturalists. 7 e. One member appointed by the president of the Iowa 8 conservation education council. 9 2. Section 69.16 does not apply to appointments made 10 pursuant to this section . 11 3. The duties of the board are to department shall revise 12 and produce conservation education materials and to specify 13 stipends to Iowa educators who participate in innovative 14 conservation education programs approved by the board 15 department . The board department shall allocate the funds 16 provided for under section 455A.19, subsection 1 , for the 17 educational materials and stipends. 18 4. The department shall administer the funds allocated to 19 the conservation education program as provided in this section . 20 Sec. 328. Section 455B.190A, subsection 1, paragraph h, 21 Code 2024, is amended by striking the paragraph. 22 Sec. 329. Section 455B.190A, subsection 2, paragraphs f and 23 g, Code 2024, are amended to read as follows: 24 f. The department shall develop continuing education 25 requirements for certification of a well contractor in 26 consultation with the well contractors’ council . 27 g. The examination shall be developed by the department in 28 consultation with the well contractors’ council to determine 29 the applicant’s qualifications to perform well drilling or 30 pump services or both. The examination shall be updated 31 as necessary to reflect current groundwater law and well 32 construction, maintenance, pump services, and abandonment 33 practices. The examination shall be administered by the 34 department or by a person designated by the department. 35 -128- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 128/ 236
Sec. 330. Section 455B.190A, subsections 3 and 6, Code 2024, 1 are amended by striking the subsections. 2 Sec. 331. Section 455B.190A, subsection 4, Code 2024, is 3 amended to read as follows: 4 4. The department shall develop , in consultation with the 5 well contractors’ council, a consumer information pamphlet 6 regarding well construction, well maintenance, well plugging, 7 pump services, and Iowa groundwater laws. The department and 8 the council shall review and revise the consumer information 9 pamphlet as necessary. The consumer information pamphlet shall 10 be supplied to well contractors, at cost, and well contractors 11 shall supply one copy at no cost to potential customers prior 12 to initiation of well services. 13 Sec. 332. Section 455B.190A, subsection 5, unnumbered 14 paragraph 1, Code 2024, is amended to read as follows: 15 The department shall establish by rule and collect , in 16 consultation with the well contractors’ council, the following 17 fees to be used to implement and administer the provisions of 18 this section : 19 Sec. 333. Section 461A.42, subsection 1, paragraph a, Code 20 2024, is amended to read as follows: 21 a. A firearm or other weapon authorized for hunting may be 22 used in preserves or parts of preserves designated by the state 23 advisory board on preserves at the request of the commission. 24 Sec. 334. Section 465C.1, subsection 2, Code 2024, is 25 amended by striking the subsection. 26 Sec. 335. Section 465C.1, subsection 4, Code 2024, is 27 amended to read as follows: 28 4. “Dedication” means the allocation of an area as a 29 preserve by a public agency or by a private owner by written 30 stipulation in a form approved by the state advisory board for 31 preserves commission . 32 Sec. 336. Section 465C.2, Code 2024, is amended to read as 33 follows: 34 465C.2 Advisory board. 35 -129- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 129/ 236
There is hereby created a state system of preserves and a 1 state advisory board for preserves . 2 Sec. 337. Section 465C.8, unnumbered paragraph 1, Code 3 2024, is amended to read as follows: 4 The board commission shall have the following powers and 5 duties with respect to this chapter : 6 Sec. 338. Section 465C.8, subsection 9, Code 2024, is 7 amended by striking the subsection. 8 Sec. 339. Section 465C.9, Code 2024, is amended to read as 9 follows: 10 465C.9 Articles of dedication. 11 1. The public agency or private owner shall complete 12 articles of dedication on forms approved by the board 13 commission . When the articles of dedication have been approved 14 by the governor, the board commission shall record them with 15 the county recorder for the county or counties in which the 16 area is located. 17 2. The articles of dedication may contain restrictions 18 on development, sale, transfer, method of management, public 19 access, and commercial or other use, and may contain such other 20 provisions as may be necessary to further the purposes of this 21 chapter . They may define the respective jurisdictions of the 22 owner or operating agency and the board commission . They may 23 provide procedures to be applied in case of violation of the 24 dedication. They may recognize reversionary rights. They may 25 vary in provisions from one preserve to another in accordance 26 with differences in relative conditions. 27 Sec. 340. Section 465C.10, Code 2024, is amended to read as 28 follows: 29 465C.10 When dedicated as a preserve. 30 An area shall become a preserve when it has been approved by 31 the board commission for dedication as a preserve, whether in 32 public or private ownership, formally dedicated as a preserve 33 within the system by a public agency or private owner and 34 designated by the governor as a preserve. 35 -130- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 130/ 236
Sec. 341. Section 465C.11, Code 2024, is amended to read as 1 follows: 2 465C.11 Area held in trust. 3 1. An area designated as a preserve within the system is 4 hereby declared put to its highest, best, and most important 5 use for public benefit. It shall be held in trust and shall not 6 be alienated except to another public use upon a finding by the 7 board commission of imperative and unavoidable public necessity 8 and with the approval of the commission, the general assembly 9 by concurrent resolution , and the governor. The board’s 10 commission’s interest or interests in any area designated as a 11 preserve shall not be taken under the condemnation statutes of 12 the state without such a finding of imperative and unavoidable 13 public necessity by the board commission , and with the 14 consent of the commission, the general assembly by concurrent 15 resolution , and the governor. 16 2. The board commission , with the approval of the governor, 17 may enter into amendments to any articles of dedication upon 18 its finding that such amendment will not permit an impairment, 19 disturbance, or development of the area inconsistent with the 20 purposes of this chapter . 21 3. Before the board commission shall make a finding 22 of imperative and unavoidable public necessity, or shall 23 enter into any amendment to articles of dedication, the 24 board commission shall provide notice of such proposal and 25 opportunity for any person to be heard. Such notice shall 26 be published at least once in a newspaper with a general 27 circulation in the county or counties wherein the area directly 28 affected is situated, and mailed within ten days of such 29 published notice to all persons who have requested notice of 30 all such proposed actions. Each notice shall set forth the 31 substance of the proposed action and describe, with or without 32 legal description, the area affected, and shall set forth a 33 place and time not less than sixty days thence for all persons 34 desiring to be heard to have reasonable opportunity to be heard 35 -131- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 131/ 236
prior to the finding of the board commission . 1 Sec. 342. Section 481C.2, subsection 3, Code 2024, is 2 amended to read as follows: 3 3. The criteria for issuing depredation licenses and 4 permits shall be established in administrative rules in 5 consultation with the farmer advisory committee created in 6 section 481A.10A . The administrative rules adopted pursuant 7 to this section shall not require a producer to erect or 8 maintain fencing at a cost exceeding one thousand dollars as a 9 requisite for receiving a depredation license or permit or for 10 participation in a depredation plan. 11 Sec. 343. Section 514C.32, subsection 1, paragraphs a and b, 12 Code 2024, are amended to read as follows: 13 a. A licensed master social worker who is licensed by the 14 board of social work behavioral health professionals as a 15 master social worker pursuant to section 154C.3, subsection 1 , 16 paragraph “b” , and who provides services under the supervision 17 of an independent social worker licensed pursuant to section 18 154C.3, subsection 1 , paragraph “c” . 19 b. A licensed mental health counselor or a licensed 20 marital and family therapist who holds a temporary license to 21 practice mental health counseling or marital and family therapy 22 pursuant to section 154D.7 , and who provides services under 23 the supervision of a qualified supervisor as determined by the 24 board of behavioral science behavioral health professionals by 25 rule. 26 Sec. 344. Section 514C.33, subsections 1 and 2, Code 2024, 27 are amended to read as follows: 28 1. Notwithstanding section 514C.6 , a policy or contract 29 providing for third-party payment or prepayment of health or 30 medical expenses shall include a provision for the payment of 31 necessary behavioral health services provided by a person who 32 holds a provisional license to practice psychology pursuant to 33 section 154B.6 , and who practices under the supervision of a 34 supervisor who meets the qualifications determined by the board 35 -132- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 132/ 236
of psychology behavioral health professionals by rule. 1 2. A policy or contract subject to this section shall 2 not impose a practice or supervision restriction which is 3 inconsistent with or more restrictive than the authority 4 already granted by law, including the authority to provide 5 supervision in person or remotely through electronic means as 6 specified by rule of the board of psychology behavioral health 7 professionals . 8 Sec. 345. Section 524.223, subsection 2, unnumbered 9 paragraph 1, Code 2024, is amended to read as follows: 10 If the state bank, director, officer, employee, or 11 substantial shareholder fails to appear at the hearing it shall 12 be deemed to have consented to the issuance of a cease and 13 desist order. In the event of such consent, or if upon the 14 record made at such hearing, the superintendent shall find that 15 any violation or unsafe or unsound practice specified in the 16 notice has been established, the superintendent may issue and 17 serve upon the state bank, director, officer, employee, or 18 substantial shareholder an order to cease and desist from any 19 such violation or practice. Such order may require the state 20 bank and its directors, officers, employees, and shareholders 21 to cease and desist from any such violation or practice and, 22 further, to take affirmative action to correct the conditions 23 resulting from any such violation or practice. In addition, 24 if the violation or practice involves a failure to comply with 25 chapter 12C or any rules adopted pursuant to chapter 12C , the 26 superintendent may recommend to the committee established 27 under section 12C.6 that the bank be removed from the list of 28 financial institutions eligible to accept public funds under 29 section 12C.6A and may require that during the current calendar 30 quarter and up to the next succeeding eight calendar quarters 31 that the bank do any one or more of the following: 32 Sec. 346. Section 542.4, subsection 1, paragraphs a and b, 33 Code 2024, are amended to read as follows: 34 a. The board shall consist of eight five members, appointed 35 -133- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 133/ 236
by the governor and subject to senate confirmation, all of whom 1 shall be residents of this state. Five Four of the eight five 2 members shall be holders of certificates issued under section 3 542.6 , one member shall be the holder of a license issued 4 under section 542.8 , and two one shall not be a certified 5 public accountants accountant or licensed public accountants 6 accountant and shall represent the general public. At least 7 three of the holders of certificates issued under section 8 542.6 shall also be qualified to supervise attest services as 9 provided in section 542.7 . 10 b. A certified or licensed member of the board shall be 11 actively engaged in practice as a certified public accountant 12 or as a licensed public accountant and shall have been so 13 engaged for five years preceding appointment, the last two of 14 which shall have been in this state . 15 Sec. 347. Section 542B.3, Code 2024, is amended to read as 16 follows: 17 542B.3 Engineering and land surveying examining board 18 created. 19 An engineering and land surveying examining board is 20 created within the department of inspections, appeals, and 21 licensing. The board consists of three members who are 22 licensed professional engineers, two members who are licensed 23 professional land surveyors, and two members who are not 24 licensed professional engineers or licensed professional land 25 surveyors and who shall represent the general public. An 26 individual who is licensed as both a professional engineer and 27 a professional land surveyor may serve to satisfy the board 28 membership requirement for either a licensed professional 29 engineer or a licensed professional land surveyor, but not 30 both. Members shall be appointed by the governor subject 31 to confirmation by the senate. A licensed member shall 32 be actively engaged in the practice of engineering or land 33 surveying and shall have been so engaged for five years 34 preceding the appointment, the last two of which shall have 35 -134- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 134/ 236
been in Iowa . Insofar as practicable, licensed engineer 1 members of the board shall be from different branches of the 2 profession of engineering. Professional associations or 3 societies composed of licensed engineers or licensed land 4 surveyors may recommend the names of potential board members 5 whose profession is representative of that association or 6 society to the governor. However, the governor is not bound by 7 the recommendations. A board member shall not be required to 8 be a member of any professional association or society composed 9 of professional engineers or professional land surveyors. 10 Sec. 348. Section 542B.15, Code 2024, is amended to read as 11 follows: 12 542B.15 Examinations —— report required. 13 Examinations for licensure shall be given as often as deemed 14 necessary by the board department of inspections, appeals, 15 and licensing , but no less than one time per year. The scope 16 of the examinations and the methods of procedure shall be 17 prescribed by the board. Any examination may be given by 18 representatives of the board. The identity of the person 19 taking the examination shall be concealed until after the 20 examination has been graded by the department of inspections, 21 appeals, and licensing . As soon as practicable after the 22 close of each examination, a report shall be filed in the 23 office of the secretary of the board by the board department 24 of inspections, appeals, and licensing . The report shall 25 show the action of the board upon each application and the 26 secretary of the board shall notify each applicant of the 27 result of the applicant’s examination. Applicants who fail the 28 examination once shall be allowed to take the examination at 29 the next scheduled time. Thereafter, the applicant shall be 30 allowed to take the examination at the discretion of the board. 31 An applicant who has failed the examination may request in 32 writing information from the board concerning the applicant’s 33 examination grade and subject areas or questions which the 34 applicant failed to answer correctly, except that if the board 35 -135- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 135/ 236
administers a uniform, standardized examination, the board 1 shall only be required to provide the examination grade and 2 such other information concerning the applicant’s examination 3 results which are available to the board. 4 Sec. 349. Section 543B.8, subsections 1 and 2, Code 2024, 5 are amended to read as follows: 6 1. A real estate commission is created within the department 7 of inspections, appeals, and licensing. The commission 8 consists of five four members licensed under this chapter and 9 two members one member not licensed under this chapter and who 10 shall represent the general public. Commission members shall 11 be appointed by the governor subject to confirmation by the 12 senate. 13 2. No more than one member shall be appointed from a 14 county. A commission member shall not hold any other elective 15 or appointive state or federal office. At least one of the 16 licensed members shall be a licensed real estate salesperson, 17 except that if the licensed real estate salesperson becomes 18 a licensed real estate broker during a term of office, 19 that person may complete the term, but is not eligible for 20 reappointment on the commission as a licensed real estate 21 salesperson. A licensed member shall be actively engaged 22 in the real estate business and shall have been so engaged 23 for five years preceding the appointment, the last two of 24 which shall have been in Iowa . Professional associations or 25 societies of real estate brokers or real estate salespersons 26 may recommend the names of potential commission members to 27 the governor. However, the governor is not bound by their 28 recommendations. A commission member shall not be required to 29 be a member of any professional association or society composed 30 of real estate brokers or salespersons. 31 Sec. 350. Section 543D.4, subsections 1 and 3, Code 2024, 32 are amended to read as follows: 33 1. A real estate appraiser examining board is established 34 within the department of inspections, appeals, and licensing. 35 -136- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 136/ 236
The board consists of seven five members, two one of whom shall 1 be a public members member and five four of whom shall be 2 certified real estate appraisers. 3 3. A certified real estate appraiser member of the board 4 shall be actively engaged in practice as a certified real 5 estate appraiser and shall have been so engaged for five years 6 preceding appointment, the last two of which shall have been in 7 this state . The governor shall attempt to represent each class 8 of certified appraisers in making the appointments. 9 Sec. 351. Section 544A.1, subsection 2, Code 2024, is 10 amended to read as follows: 11 2. The architectural examining board is created within the 12 department of inspections, appeals, and licensing. The board 13 consists of five three members who possess a license issued 14 under section 544A.9 and who have been in active practice of 15 architecture for not less than five years, the last two of 16 which shall have been in Iowa , and two members one member who 17 do does not possess a license issued under section 544A.9 18 and who shall represent the general public. Members shall 19 be appointed by the governor subject to confirmation by the 20 senate. 21 Sec. 352. Section 544C.1, subsection 1, Code 2024, is 22 amended by striking the subsection. 23 Sec. 353. Section 544C.3, Code 2024, is amended to read as 24 follows: 25 544C.3 Duties of the board department . 26 1. The duties of the board department shall include , but are 27 not limited to , all of the following: 28 a. 1. Administering and enforcing this chapter . 29 b. Establishing requirements for the examination, education, 30 and practical training of applicants for registration. 31 c. Holding meetings each year for the purpose of transacting 32 business pertaining to the affairs of the board. Action at a 33 meeting shall not be taken without the affirmative votes of a 34 majority of members of the board. 35 -137- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 137/ 236
d. 2. Adopting rules under chapter 17A necessary for 1 the proper performance of its duties. The rules shall 2 include provisions addressing conflicts of interest and full 3 disclosure, including sources of compensation. 4 e. 3. Establishing fees for registration as a registered 5 interior designer, renewal of registration, reinstatement of 6 registration, and for other activities of the board department 7 pertaining to its duties. The fees shall be sufficient to 8 defray the costs of administering this chapter , and shall be 9 deposited in the licensing and regulation fund created in 10 section 10A.507 . 11 f. 4. Maintaining records, which are open to public 12 inspection at all reasonable times, of its proceedings relating 13 to the issuance, refusal, renewal, suspension, and revocation 14 of registration. The records shall also contain a roster 15 indicating the name, place of business and residence, and the 16 date and registration number of every registrant. 17 2. The director of the department shall provide staff to 18 assist the board in the implementation of this chapter . 19 Sec. 354. Section 544C.5, Code 2024, is amended to read as 20 follows: 21 544C.5 Qualifications for registration. 22 Each applicant for registration must meet the interior 23 design education and practical training requirements adopted by 24 rule by the board, and have passed an examination prescribed 25 by the board that is task-oriented, focused on public safety, 26 and validated by a recognized testing agency. The department 27 shall register an individual who submits an application to the 28 board department on the form and in the manner prescribed by 29 the board department as a registered interior designer if the 30 individual satisfies the following requirements: 31 1. Submits written proof that the individual has 32 successfully passed is certified by the national council for 33 interior design qualification examination , or its equivalent. 34 2. Has completed any of the following: 35 -138- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 138/ 236
a. Four years of interior design education plus two years of 1 full-time work experience in registered interior design. 2 b. Three years of interior design education plus three years 3 of full-time work experience in registered interior design. 4 c. Two years of interior design education plus four years of 5 full-time work experience in registered interior design. 6 3. 2. Submits the required registration fee to the board 7 department . 8 Sec. 355. Section 544C.6, unnumbered paragraph 1, Code 9 2024, is amended to read as follows: 10 The board department may also grant registration by 11 reciprocity. An applicant applying to the board department for 12 registration by reciprocity shall furnish satisfactory evidence 13 that the applicant meets both of the following requirements: 14 Sec. 356. Section 544C.6, subsection 1, Code 2024, is 15 amended to read as follows: 16 1. Holds a valid registration or license issued by another 17 registration authority recognized by the board department , 18 where the qualifications for registration or licensure were 19 substantially equivalent to those prescribed in this state on 20 the date of original registration or licensure with the other 21 registration authority. 22 Sec. 357. Section 544C.7, Code 2024, is amended to read as 23 follows: 24 544C.7 Registration issuance. 25 When an applicant has complied with the qualifications for 26 registration in section 544C.5 or 544C.6 to the satisfaction 27 of a majority of the members of the board department and has 28 paid the fees prescribed by the board department , the board 29 department shall enroll the applicant’s name and address in 30 the roster of registered interior designers and issue to the 31 applicant a registration certificate, signed by the officers of 32 the board director of the department . The certificate shall 33 entitle the applicant to use the title “registered interior 34 designer” in this state. 35 -139- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 139/ 236
Sec. 358. Section 544C.9, subsection 1, unnumbered 1 paragraph 1, Code 2024, is amended to read as follows: 2 The board department may revoke, suspend, or refuse to issue 3 or renew the registration of any person upon a finding of any 4 of the following: 5 Sec. 359. Section 544C.9, subsection 2, Code 2024, is 6 amended to read as follows: 7 2. Any person may appeal a finding of the board department 8 within thirty days of the date of notification of action. 9 Upon appeal, the board department shall schedule a hearing in 10 accordance with chapter 17A . 11 Sec. 360. Section 544C.10, subsection 2, Code 2024, is 12 amended to read as follows: 13 2. A person who violates this section is guilty of a simple 14 misdemeanor. The board department , in its discretion and 15 in lieu of prosecuting a first offense under this section , 16 may enter into a consent agreement with a violator, or with 17 a person guilty of aiding or abetting a violator, which 18 acknowledges the violation and the violator’s agreement to 19 refrain from any further violations. 20 Sec. 361. Section 544C.11, Code 2024, is amended to read as 21 follows: 22 544C.11 Injunction. 23 In addition to any other remedies, and on the petition of 24 the board department , any person violating this chapter may 25 be restrained and permanently enjoined from committing or 26 continuing the violations. 27 Sec. 362. Section 544C.14, subsection 1, Code 2024, is 28 amended to read as follows: 29 1. A registered interior designer shall have a seal with 30 which to identify all interior technical submissions issued by 31 the registered interior designer for use in this state. The 32 seal shall be of a design, content, and size prescribed by the 33 board department . A registered interior designer shall only 34 sign and seal an interior technical submission within the scope 35 -140- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 140/ 236
of registered interior design. 1 Sec. 363. Section 544C.15, subsection 1, paragraphs d and e, 2 Code 2024, are amended to read as follows: 3 d. Obtain or attempt to obtain registration from the board 4 department by fraud. 5 e. Make any willfully false oath or affirmation to the board 6 department . 7 Sec. 364. Section 602.1209, subsections 9 and 13, Code 2024, 8 are amended by striking the subsections. 9 Sec. 365. Section 602.1401, subsection 3, paragraph b, Code 10 2024, is amended to read as follows: 11 b. For purposes of chapter 20 , the certified representative, 12 which on July 1, 1983, represents employees who become judicial 13 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 14 remain the certified representative when the employees become 15 judicial branch employees and thereafter, unless the public 16 employee organization is not retained and recertified or is 17 decertified in an election held under section 20.15 or amended 18 or absorbed into another certified organization pursuant to 19 chapter 20 . Collective bargaining negotiations shall be 20 conducted on a statewide basis and the certified employee 21 organizations which engage in bargaining shall negotiate on a 22 statewide basis, although bargaining units shall be organized 23 by judicial district. The public employment relations appeal 24 board shall adopt rules pursuant to chapter 17A to implement 25 this subsection . 26 Sec. 366. Section 602.1513, Code 2024, is amended to read 27 as follows: 28 602.1513 Per diem compensation. 29 The supreme court shall set the per diem compensation under 30 sections 602.1511 and section 602.1512 at a rate per day not 31 exceeding the rate specified in section 7E.6 . 32 Sec. 367. Section 602.3105, Code 2024, is amended to read 33 as follows: 34 602.3105 Applications. 35 -141- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 141/ 236
Applications for certification shall be on forms prescribed 1 and furnished by the board department of inspections, appeals, 2 and licensing and the board department shall not require that 3 the application contain a photograph of the applicant. An 4 applicant shall not be denied certification because of age, 5 citizenship, sex, race, religion, marital status, or national 6 origin although the application may require citizenship 7 information. Character references may be required, but shall 8 not be obtained from certified shorthand reporters. 9 Sec. 368. Section 602.3106, Code 2024, is amended to read 10 as follows: 11 602.3106 Fees —— appropriation. 12 1. The supreme court department of inspections, appeals, 13 and licensing shall set the fee for certification examinations. 14 The fee shall be based on the annual cost of administering the 15 examinations and upon the administrative costs of sustaining 16 the activities of the board department of inspections, appeals, 17 and licensing under this article , which shall include but shall 18 not be limited to the cost for per diem, expenses, and travel 19 for board members employees of the department , and office 20 facilities, supplies, and equipment. 21 2. The fees collected are appropriated to the judicial 22 branch department and shall be used to offset the expenses of 23 the board department , including the costs of administering the 24 examination. 25 Sec. 369. Section 602.3107, Code 2024, is amended to read 26 as follows: 27 602.3107 Examinations. 28 The board department of inspections, appeals, and licensing 29 may administer as many examinations per year as necessary, 30 but shall administer at least one examination per year. 31 The scope of the examinations and the methods of procedure 32 shall be prescribed by the board department . A written 33 examination may be conducted by representatives of the board 34 department . Examinations in theory shall be in writing 35 -142- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 142/ 236
and the identity of the person taking the examination shall 1 be concealed until after the examination papers have been 2 graded. For examinations in practice, the identity of the 3 person taking the examination also shall be concealed as far 4 as possible. Applicants who fail the examination once may 5 take the examination at the next scheduled time. Thereafter, 6 the applicant may be allowed to take the examination at the 7 discretion of the board department . An applicant who has 8 failed the examination may request in writing information 9 from the board department concerning the examination grade 10 and subject areas or questions which the applicant failed to 11 answer correctly, and the board department shall provide the 12 information. However, if the board department administers 13 a uniform, standardized examination, the board department 14 is only required to provide the examination grade and other 15 information concerning the applicant’s examination results that 16 is available to the board department . 17 Sec. 370. Section 602.3108, Code 2024, is amended to read 18 as follows: 19 602.3108 Certification. 20 The board department of inspections, appeals, and licensing 21 may issue a certificate to a person of good moral character 22 and fitness who makes application on a form prescribed and 23 furnished by the board department and who satisfies the 24 education, experience, and examination requirements of this 25 article and rules prescribed by the supreme court pursuant 26 to this article . The board department may consider the 27 applicant’s past record of any felony conviction and the 28 applicant’s past record of disciplinary action with respect to 29 certification as a shorthand reporter in any jurisdiction. The 30 board department may deny certification if the board department 31 finds the applicant has committed any of the acts listed in 32 section 602.3203 or has made a false statement of material fact 33 on the application for certification. 34 Sec. 371. Section 602.3201, Code 2024, is amended to read 35 -143- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 143/ 236
as follows: 1 602.3201 Requirement of certification —— use of title. 2 A person shall not engage in the profession of shorthand 3 reporting unless the person is certified pursuant to this 4 chapter , or otherwise exempted pursuant to section 602.6603, 5 subsection 4 . Only a person who is certified by the board 6 department of inspections, appeals, and licensing may 7 assume the title of certified shorthand reporter, or use the 8 abbreviation C.S.R., or any words, letters, or figures to 9 indicate that the person is a certified shorthand reporter. 10 Sec. 372. Section 602.3205, subsection 3, Code 2024, is 11 amended to read as follows: 12 3. a. An audio or video recording of a certified shorthand 13 reporter shall be provided to the board department of 14 inspections, appeals, and licensing upon request by the board 15 department if a disciplinary proceeding is pending regarding 16 the certified shorthand reporter who is a respondent under the 17 provisions of section 602.3203 or the rules of the board of 18 examiners of shorthand reporters, Iowa court rules, ch. 46 19 department . 20 b. The audio and video recordings provided to the 21 board department pursuant to this subsection shall be kept 22 confidential by the board department in a manner as provided in 23 section 272C.6, subsection 4 . 24 Sec. 373. Section 602.3206, Code 2024, is amended to read 25 as follows: 26 602.3206 Exempt status. 27 If a person’s certification as a shorthand reporter is 28 placed in exempt status, the person may transcribe or certify 29 a proceeding the person reported while certified as an active 30 shorthand reporter. A person transcribing or certifying a 31 proceeding pursuant to this section shall remain subject to the 32 jurisdiction of the board of examiners of shorthand reporters 33 department of inspections, appeals, and licensing . 34 Sec. 374. Section 602.3301, subsection 1, unnumbered 35 -144- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 144/ 236
paragraph 1, Code 2024, is amended to read as follows: 1 A member An employee of the board department of inspections, 2 appeals, and licensing shall not disclose information relating 3 to the following: 4 Sec. 375. Section 602.3301, subsection 2, Code 2024, is 5 amended to read as follows: 6 2. A member An employee of the board department who 7 willfully communicates or seeks to communicate information 8 referred to in subsection 1 , or a person who willfully 9 requests, obtains, or seeks to obtain information referred to 10 in subsection 1 , is guilty of a simple misdemeanor. 11 Sec. 376. Section 602.6603, subsection 5, Code 2024, is 12 amended to read as follows: 13 5. Except as provided in subsection 4 , a person shall not 14 be appointed to the position of court reporter of the district 15 court unless the person has been certified as a shorthand 16 reporter by the board of examiners department of inspections, 17 appeals, and licensing under article 3 . 18 Sec. 377. Section 622.10, subsection 7, Code 2024, is 19 amended to read as follows: 20 7. For the purposes of this section , “mental health 21 professional” means a psychologist licensed under chapter 154B , 22 a registered nurse licensed under chapter 152 , a social worker 23 licensed under chapter 154C , a marital and family therapist 24 licensed under chapter 154D , a mental health counselor licensed 25 under chapter 154D , or an individual holding at least a 26 master’s degree in a related field as deemed appropriate by the 27 board of behavioral science behavioral health professionals . 28 Sec. 378. Section 904.103, Code 2024, is amended by adding 29 the following new subsections: 30 NEW SUBSECTION . 5. Policies for the operation and conduct 31 of the department and the implementation of all department 32 programs. 33 NEW SUBSECTION . 6. Adoption of rules in accordance with 34 chapter 17A as necessary to transact its business and for the 35 -145- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 145/ 236
administration and exercise of its powers and duties. 1 NEW SUBSECTION . 7. The approval of the locations for all 2 state institutions which are penal, reformatory, or corrective. 3 Sec. 379. Section 904.105, subsections 2, 5, 7, and 9, Code 4 2024, are amended to read as follows: 5 2. Adopt and establish Provide advice and recommendations 6 to the department regarding policies for the operation and 7 conduct of the department and the implementation of all 8 department programs. 9 5. Approve Provide advice and recommendations to the 10 department regarding the budget of the department prior to 11 submission to the governor. 12 7. Adopt rules in accordance with chapter 17A as the board 13 deems Provide advice and recommendations to the department 14 regarding rules necessary to transact its business and for the 15 administration and exercise of its powers and duties. 16 9. Approve Provide advice and recommendations regarding 17 the locations for all state institutions which are penal, 18 reformatory, or corrective. 19 Sec. 380. Section 904.105, subsection 3, Code 2024, is 20 amended by striking the subsection. 21 Sec. 381. Section 904.802, subsection 1, Code 2024, is 22 amended by striking the subsection. 23 Sec. 382. Section 904.802, subsection 2, Code 2024, is 24 amended to read as follows: 25 2. “Iowa state industries” means prison industries that 26 are established and maintained by the Iowa department of 27 corrections , in consultation with the industries board, at or 28 adjacent to the state’s adult correctional institutions, except 29 that an inmate work program established by the state director 30 under section 904.703 is not restricted to industries at or 31 adjacent to the institutions. 32 Sec. 383. Section 904.804, Code 2024, is amended to read as 33 follows: 34 904.804 Duties of industries board department —— state 35 -146- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 146/ 236
industries . 1 The industries board’s principal duties department shall be 2 to promulgate and adopt rules and to advise the state director 3 regarding the management of Iowa state industries so as to 4 further the intent stated by section 904.801 . 5 Sec. 384. Section 904.805, unnumbered paragraph 1, Code 6 2024, is amended to read as follows: 7 The state director , with the advice of the industries board, 8 shall: 9 Sec. 385. Section 904.806, Code 2024, is amended to read as 10 follows: 11 904.806 Authority of state director not impaired. 12 Nothing in this subchapter shall be construed to impair the 13 authority of the state director over the adult correctional 14 institutions of this state, nor over the inmates thereof. It 15 is, however, the duty of the state director to obtain the 16 advice of the industries board to further the intent stated by 17 section 904.801 . 18 Sec. 386. Section 904.809, subsection 1, paragraph a, Code 19 2024, is amended to read as follows: 20 a. The state director and the industries board shall comply 21 with the intent of section 904.801 . 22 Sec. 387. Section 904.809, subsection 2, paragraph a, Code 23 2024, is amended to read as follows: 24 a. Any other provision of the Code to the contrary 25 notwithstanding, the state director may , after obtaining the 26 advice of the industries board, lease one or more buildings or 27 portions thereof on the grounds of any state adult correctional 28 institution, together with the real estate needed for 29 reasonable access to and egress from the leased buildings, for 30 a term not to exceed twenty years, to a private corporation for 31 the purpose of establishing and operating a factory for the 32 manufacture and processing of products, or any other commercial 33 enterprise deemed by the state director to be consistent with 34 the intent stated in section 904.801 . 35 -147- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 147/ 236
Sec. 388. Section 904.809, subsection 2, paragraph b, 1 subparagraph (1), Code 2024, is amended to read as follows: 2 (1) Persons working in the factory or other commercial 3 enterprise operated in the leased property, except the lessee’s 4 supervisory employees and necessary support personnel approved 5 by the industries board state director , shall be inmates of 6 the institution where the leased property is located who are 7 approved for such work by the state director and the lessee. 8 Sec. 389. Section 904.809, subsection 3, Code 2024, is 9 amended to read as follows: 10 3. The state director with the advice of the prison 11 industries advisory board may provide an inmate workforce to 12 private industry. Under the program inmates will be employees 13 of a private business. 14 Sec. 390. Section 904.813, subsection 2, paragraph a, 15 subparagraphs (1), (2), and (3), Code 2024, are amended to read 16 as follows: 17 (1) Establishment, maintenance, transfer, or closure of 18 industrial operations, or vocational, technical, and related 19 training facilities and services for inmates as authorized by 20 the state director in consultation with the industries board . 21 (2) Payment of all costs incurred by the industries board, 22 including but not limited to per diem and expenses of its 23 members, and of salaries, allowances, support, and maintenance 24 of Iowa state industries. 25 (3) (2) Direct purchases from vendors of raw materials 26 and capital items used for the manufacturing processes of Iowa 27 state industries, in accordance with rules which meet state 28 bidding requirements. The rules shall be adopted by the state 29 director in consultation with the industries board . 30 Sec. 391. Section 904.814, Code 2024, is amended to read as 31 follows: 32 904.814 Inmate allowance supplement revolving fund. 33 There is established in the treasury of the state a permanent 34 adult correctional institutions inmate allowance supplement 35 -148- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 148/ 236
revolving fund, consisting solely of money paid as board and 1 maintenance by inmates working in Iowa state industries, or 2 working pursuant to section 904.809 . The fund established 3 by this section may be used to supplement the allowances 4 of inmates who perform other institutional work within and 5 about the adult correctional institutions including those 6 who are working in Iowa state industries. Payments made 7 from the fund shall supplement and not replace all or any 8 part of the allowances otherwise received by, and shall be 9 equably distributed among such inmates. The work of inmates 10 in other institutional or industry work shall, to the greatest 11 extent feasible, be in accord with the intent stated in 12 section 904.801 . The fund may also be used to supplement 13 other rehabilitation activities within the adult correctional 14 institutions. Determination of the use of the funds is the 15 responsibility of the state director who shall first seek the 16 advice of the prison industries advisory board . 17 Sec. 392. Section 904.909, Code 2024, is amended to read as 18 follows: 19 904.909 Work release and OWI violators —— reimbursement to 20 department for transportation costs. 21 The department of corrections shall arrange for the return 22 of a work release client, or offender convicted of violating 23 chapter 321J , who escapes from the facility to which the 24 client is assigned or violates the conditions of supervision. 25 The client or offender shall reimburse the department of 26 corrections for the cost of transportation incurred because 27 of the escape or violation. The amount of reimbursement 28 shall be the actual cost incurred by the department and shall 29 be credited to the support account from which the billing 30 occurred. The director of the department of corrections 31 shall recommend adopt rules pursuant to chapter 17A , subject 32 to approval by the board of corrections pursuant to section 33 904.105, subsection 7 , to implement this section . 34 Sec. 393. Section 915.82, subsection 2, Code 2024, is 35 -149- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 149/ 236
amended to read as follows: 1 2. The board department shall adopt rules pursuant to 2 chapter 17A relating to program policies and procedures. 3 Sec. 394. 2023 Iowa Acts, chapter 19, section 2795, 4 subsection 3, paragraphs b and c, are amended to read as 5 follows: 6 b. The following are range 4 positions: chairperson and 7 members of the employment appeal board of the department of 8 inspections, appeals, and licensing, director of the Iowa 9 state office of civil rights commission , director of the 10 department for the blind, executive director of the ethics 11 and campaign disclosure board, executive director of the Iowa 12 public information board, and chairperson, vice chairperson, 13 and members of the board of parole. 14 c. The following are range 5 positions: state public 15 defender, labor commissioner, workers’ compensation 16 commissioner, and director of the law enforcement academy , and 17 executive director of the public employment relations board . 18 Sec. 395. REPEAL. Chapters 28B and 473A, Code 2024, are 19 repealed. 20 Sec. 396. REPEAL. Sections 7D.15, 8A.616, 12C.6A, 15.117, 21 15.480, 15F.102, 20.5, 34A.15, 80E.2, 100C.10, 103.2, 103.3, 22 103.4, 105.3, 135.109, 135.173A, 147.16, 153.33A, 154A.7, 23 155A.2A, 170.2, 190C.2, 190C.2A, 203.11B, 206.23A, 206.23B, 24 237A.23, 252B.22, 256.15, 256.31, 256I.12, 273.15, 312.3C, 25 312.3D, 328.13, 423.9A, 455B.150, 455B.151, 461A.79, 461A.80, 26 465C.3, 465C.4, 465C.5, 465C.6, 465C.7, 466B.31, 475A.7, 27 481A.10A, 544C.2, 544C.4, 544C.8, 602.1511, 602.3101, 602.3102, 28 602.3103, 602.3104, 691.6B, 904.803, and 907B.3, Code 2024, are 29 repealed. 30 Sec. 397. CODE EDITOR DIRECTIVE —— TERMINOLOGY CHANGES. 31 1. The Code editor is directed to change all references to 32 the “board of directors of the Iowa lottery” created in section 33 99G.8 to the “Iowa lottery commission” and all references to 34 “board” when referring to the board of directors of the Iowa 35 -150- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 150/ 236
lottery created in section 99G.8 to “commission” wherever they 1 appear in the Code. 2 2. The Code editor is directed to change all references 3 to the “Iowa utilities board” created in section 474.1 to the 4 “Iowa utilities commission”, all references to “utilities 5 board” when referring to the Iowa utilities board created in 6 section 474.1 to “utilities commission”, and all references to 7 “board” when referring to the Iowa utilities board created in 8 section 474.1 to “commission” wherever they appear in the Code. 9 3. The Code editor is directed to make changes in any Code 10 sections amended or enacted by any other Act to correspond with 11 the changes made in this Act if there appears to be no doubt 12 as to the proper method of making the changes and the changes 13 would not be contrary to or inconsistent with the purposes of 14 this Act or any other Act. 15 Sec. 398. CERTIFICATE OF NEED PROCESS —— STUDY. The 16 department of health and human services, in consultation with 17 the department of inspections, appeals, and licensing, and with 18 the assistance of other interested parties, shall conduct a 19 study of the effectiveness of the existing certificate of need 20 process and shall make findings and recommendations related to 21 the continuation of the process or the implementation of a less 22 restrictive alternative. The department of health and human 23 services shall submit a report, including its findings and 24 recommendations, to the governor and the general assembly by 25 December 31, 2025. 26 DIVISION IX 27 PUBLIC OFFICERS AND EMPLOYEES 28 Sec. 399. Section 69.15, subsection 1, unnumbered paragraph 29 1, Code 2024, is amended to read as follows: 30 Any person who has been appointed by the governor to any 31 board under the laws of this state shall be deemed to have 32 submitted a resignation from such office if either any of the 33 following events occurs: 34 Sec. 400. Section 69.15, subsection 1, Code 2024, is amended 35 -151- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 151/ 236
by adding the following new paragraph: 1 NEW PARAGRAPH . c. Sufficient grounds exist that would 2 otherwise subject the person to removal by the executive 3 council pursuant to section 66.26. 4 Sec. 401. Section 69.15, subsection 2, Code 2024, is amended 5 to read as follows: 6 2. If With respect to subsection 1, paragraphs “a” and “b” , 7 if such person received no notice and had no knowledge of a 8 regular meeting and gives the governor a sworn statement to 9 that effect within ten days after the person learns of the 10 meeting, such meeting shall not be counted for the purposes of 11 this section . 12 DIVISION X 13 COUNCIL ON HEALTH AND HUMAN SERVICES 14 Sec. 402. Section 125.7, Code 2024, is amended to read as 15 follows: 16 125.7 Duties of the council. 17 The council shall: 18 1. Approve Make recommendations to the department regarding 19 the comprehensive substance use disorder program, developed by 20 the department pursuant to sections 125.1 through 125.3 , this 21 section , and sections 125.9 , 125.10 , 125.12 through 125.21 , 22 125.25 , 125.32 through 125.34 , and 125.37 through 125.43 . 23 2. Advise the department on policies governing the 24 performance of the department in the discharge of any duties 25 imposed on the department by law. 26 3. Advise or make recommendations to the governor and the 27 general assembly relative to substance use disorder treatment, 28 intervention, education, and prevention programs in this state. 29 4. Adopt rules for subsections 1 and 6 and review other 30 rules necessary to carry out the provisions of this chapter , 31 subject to review in accordance with chapter 17A . 32 5. 4. Investigate the work of the department relating to 33 substance use disorder, and for this purpose the council shall 34 have access at any time to all books, papers, documents, and 35 -152- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 152/ 236
records of the department. 1 6. 5. Consider and approve or disapprove make 2 recommendations to the department regarding the approval or 3 disapproval of all applications for a license and all cases 4 involving the renewal, denial, suspension, or revocation of a 5 license. 6 7. Act as the appeal board regarding funding decisions made 7 by the department. 8 Sec. 403. Section 125.10, subsections 1 and 11, Code 2024, 9 are amended to read as follows: 10 1. Prepare and submit a state plan subject to approval 11 by the council and in accordance with 42 U.S.C. §300x-21 et 12 seq. The state plan shall designate the department as the sole 13 agency for supervising the administration of the plan. 14 11. Develop and implement, with the counsel and approval 15 advice of the council, the comprehensive plan for treatment of 16 persons with a substance use disorder in accordance with this 17 chapter . 18 Sec. 404. Section 125.12, subsection 1, Code 2024, is 19 amended to read as follows: 20 1. The council shall review the comprehensive substance 21 use disorder program implemented by the department for 22 the treatment of persons with a substance use disorder and 23 concerned family members. Subject to Based on the review 24 of the council, the council shall make recommendations to 25 the director, and the director shall divide the state into 26 appropriate regions for the conduct of the program and 27 establish standards for the development of the program on the 28 regional level. In establishing the regions, consideration 29 shall be given to city and county lines, population 30 concentrations, and existing substance use disorder treatment 31 services. 32 Sec. 405. Section 125.13, subsection 2, paragraphs a, b, i, 33 and j, Code 2024, are amended to read as follows: 34 a. A hospital providing care or treatment to persons with 35 -153- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 153/ 236
a substance use disorder licensed under chapter 135B which is 1 accredited by the joint commission on the accreditation of 2 health care organizations, the commission on accreditation 3 of rehabilitation facilities, the American osteopathic 4 association, or another recognized organization approved by the 5 council department . All survey reports from the accrediting or 6 licensing body must be sent to the department. 7 b. Any practitioner of medicine and surgery or osteopathic 8 medicine and surgery, in the practitioner’s private practice. 9 However, a program shall not be exempted from licensing by the 10 council department by virtue of its utilization of the services 11 of a medical practitioner in its operation. 12 i. A substance use disorder treatment program not funded 13 by the department which is accredited or licensed by the joint 14 commission on the accreditation of health care organizations, 15 the commission on the accreditation of rehabilitation 16 facilities, the American osteopathic association, or another 17 recognized organization approved by the council department . 18 All survey reports from the accrediting or licensing body must 19 be sent to the department. 20 j. A hospital substance use disorder treatment program 21 that is accredited or licensed by the joint commission on the 22 accreditation of health care organizations, the commission on 23 the accreditation of rehabilitation facilities, the American 24 osteopathic association, or another recognized organization 25 approved by the council department . All survey reports for 26 the hospital substance use disorder treatment program from the 27 accrediting or licensing body shall be sent to the department. 28 Sec. 406. Section 125.14, Code 2024, is amended to read as 29 follows: 30 125.14 Licenses —— renewal —— fees. 31 The council department shall consider all cases involving 32 initial issuance, and renewal, denial, suspension, or 33 revocation of a license. The department shall issue a license 34 to an applicant whom the council department determines meets 35 -154- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 154/ 236
the licensing requirements of this chapter . Licenses shall 1 expire no later than three years from the date of issuance 2 and shall be renewed upon timely application made in the same 3 manner as for initial issuance of a license unless notice of 4 nonrenewal is given to the licensee at least thirty days prior 5 to the expiration of the license. The department shall not 6 charge a fee for licensing or renewal of programs contracting 7 with the department for provision of treatment services. A fee 8 may be charged to other licensees. 9 Sec. 407. Section 125.15A, subsection 1, paragraph b, Code 10 2024, is amended to read as follows: 11 b. The council department has suspended, revoked, or refused 12 to renew the existing license of the program. 13 Sec. 408. Section 125.16, Code 2024, is amended to read as 14 follows: 15 125.16 Transfer of license or change of location prohibited. 16 A license issued under this chapter may not be transferred, 17 and the location of the physical facilities occupied or 18 utilized by any program licensed under this chapter shall not 19 be changed without the prior written consent of the council 20 department . 21 Sec. 409. Section 125.17, Code 2024, is amended to read as 22 follows: 23 125.17 License suspension or revocation. 24 Violation of any of the requirements or restrictions 25 of this chapter or of any of the rules adopted pursuant to 26 this chapter is cause for suspension, revocation, or refusal 27 to renew a license. The director shall at the earliest 28 time feasible notify a licensee whose license the council 29 department is considering suspending or revoking and shall 30 inform the licensee what changes must be made in the licensee’s 31 operation to avoid such action. The licensee shall be 32 given a reasonable time for compliance, as determined by the 33 director, after receiving such notice or a notice that the 34 council department does not intend to renew the license. When 35 -155- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 155/ 236
the licensee believes compliance has been achieved, or if 1 the licensee considers the proposed suspension, revocation, 2 or refusal to renew unjustified, the licensee may submit 3 pertinent information to the council department and the council 4 department shall expeditiously make a decision in the matter 5 and notify the licensee of the decision. 6 Sec. 410. Section 125.18, Code 2024, is amended to read as 7 follows: 8 125.18 Hearing before council department . 9 If a licensee under this chapter makes a written request 10 for a hearing within thirty days of suspension, revocation, 11 or refusal to renew a license, a hearing before the council 12 department shall be expeditiously arranged by the department of 13 inspections, appeals, and licensing whose decision is subject 14 to review by the council department . The council department 15 shall issue a written statement of the council’s department’s 16 findings within thirty days after conclusion of the hearing 17 upholding or reversing the proposed suspension, revocation, 18 or refusal to renew a license. Action involving suspension, 19 revocation, or refusal to renew a license shall not be taken 20 by the council unless a quorum is present at the meeting. A 21 copy of the council’s department’s decision shall be promptly 22 transmitted to the affected licensee who may, if aggrieved 23 by the decision, seek judicial review of the actions of the 24 council department in accordance with the terms of chapter 17A . 25 Sec. 411. Section 125.19, Code 2024, is amended to read as 26 follows: 27 125.19 Reissuance or reinstatement. 28 After suspension, revocation, or refusal to renew a license 29 pursuant to this chapter , the affected licensee shall not have 30 the license reissued or reinstated within one year of the 31 effective date of the suspension, revocation, or expiration 32 upon refusal to renew, unless the council department orders 33 otherwise. After that time, proof of compliance with the 34 requirements and restrictions of this chapter and the rules 35 -156- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 156/ 236
adopted pursuant to this chapter must be presented to the 1 council department prior to reinstatement or reissuance of a 2 license. 3 Sec. 412. Section 125.21, subsection 1, Code 2024, is 4 amended to read as follows: 5 1. The council department has exclusive power in this state 6 to approve and license chemical substitutes and antagonists 7 programs, and to monitor chemical substitutes and antagonists 8 programs to ensure that the programs are operating within the 9 rules adopted pursuant to this chapter . The council department 10 shall grant approval and license if the requirements of the 11 rules are met and state funding is not requested. The chemical 12 substitutes and antagonists programs conducted by persons 13 exempt from the licensing requirements of this chapter pursuant 14 to section 125.13, subsection 2 , are subject to approval and 15 licensure under this section . 16 Sec. 413. Section 125.43A, Code 2024, is amended to read as 17 follows: 18 125.43A Prescreening —— exception. 19 Except in cases of medical emergency or court-ordered 20 admissions, a person shall be admitted to a state mental health 21 institute for treatment of a substance use disorder only after 22 a preliminary intake and assessment by a department-licensed 23 treatment facility or a hospital providing care or treatment 24 for persons with a substance use disorder licensed under 25 chapter 135B and accredited by the joint commission on the 26 accreditation of health care organizations, the commission 27 on accreditation of rehabilitation facilities, the American 28 osteopathic association, or another recognized organization 29 approved by the council department , or by a designee of a 30 department-licensed treatment facility or a hospital other 31 than a state mental health institute, which confirms that the 32 admission is appropriate to the person’s substance use disorder 33 service needs. A county board of supervisors may seek an 34 admission of a patient to a state mental health institute who 35 -157- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 157/ 236
has not been confirmed for appropriate admission and the county 1 shall be responsible for one hundred percent of the cost of 2 treatment and services of the patient. 3 Sec. 414. Section 125.58, subsection 1, Code 2024, is 4 amended to read as follows: 5 1. If the department has probable cause to believe that 6 an institution, place, building, or agency not licensed 7 as a substance use disorder treatment and rehabilitation 8 facility is in fact a substance use disorder treatment and 9 rehabilitation facility as defined by this chapter , and 10 is not exempt from licensing by section 125.13, subsection 11 2 , the council department may order an inspection of the 12 institution, place, building, or agency. If the inspector 13 upon presenting proper identification is denied entry for the 14 purpose of making the inspection, the inspector may, with 15 the assistance of the county attorney of the county in which 16 the premises are located, apply to the district court for an 17 order requiring the owner or occupant to permit entry and 18 inspection of the premises to determine whether there have been 19 violations of this chapter . The investigation may include 20 review of records, reports, and documents maintained by the 21 facility and interviews with staff members consistent with the 22 confidentiality safeguards of state and federal law. 23 Sec. 415. Section 135.141, subsection 2, paragraph i, Code 24 2024, is amended to read as follows: 25 i. Adopt rules pursuant to chapter 17A for the 26 administration of this subchapter including rules adopted in 27 cooperation with the Iowa pharmacy association and the Iowa 28 hospital association for the development of a surveillance 29 system to monitor supplies of drugs, antidotes, and vaccines to 30 assist in detecting a potential public health disaster. Prior 31 to adoption, the rules shall be approved by the council on 32 health and human services and the director of the department of 33 homeland security and emergency management. 34 Sec. 416. Section 135A.8, subsection 4, Code 2024, is 35 -158- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 158/ 236
amended to read as follows: 1 4. A local board of health seeking matching funds or grants 2 under this section shall apply to the department. The council 3 on health and human services department shall adopt rules 4 concerning the application and award process for the allocation 5 of moneys in the fund and shall establish the criteria for the 6 allocation of moneys in the fund if the moneys are insufficient 7 to meet the needs of local boards of health. 8 Sec. 417. Section 135A.9, unnumbered paragraph 1, Code 9 2024, is amended to read as follows: 10 The council on health and human services department shall 11 adopt rules pursuant to chapter 17A to implement this chapter 12 which shall include but are not limited to the following: 13 Sec. 418. Section 135B.7, subsection 1, paragraph a, Code 14 2024, is amended to read as follows: 15 a. The department , with the approval of the council on 16 health and human services, shall adopt rules setting out the 17 standards for the different types of hospitals and for rural 18 emergency hospitals to be licensed under this chapter . The 19 department shall enforce the rules. 20 Sec. 419. Section 135C.14, unnumbered paragraph 1, Code 21 2024, is amended to read as follows: 22 The department shall, in accordance with chapter 17A and 23 with the approval of the council on health and human services , 24 adopt and enforce rules setting minimum standards for health 25 care facilities. In so doing, the department , with the 26 approval of the council on health and human services, may 27 adopt by reference, with or without amendment, nationally 28 recognized standards and rules, which shall be specified by 29 title and edition, date of publication, or similar information. 30 The rules and standards required by this section shall be 31 formulated in consultation with the director of health and 32 human services or the director of health and human services’ 33 designee, with the director, and with affected industry, 34 professional, and consumer groups, and shall be designed to 35 -159- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 159/ 236
further the accomplishment of the purposes of this chapter and 1 shall relate to: 2 Sec. 420. Section 135J.7, Code 2024, is amended to read as 3 follows: 4 135J.7 Rules. 5 Except as otherwise provided in this chapter , the department 6 shall adopt rules pursuant to chapter 17A necessary to 7 implement this chapter , subject to approval of the council 8 on health and human services . Formulation of the rules 9 shall include consultation with Iowa hospice organization 10 representatives and other persons affected by this chapter . 11 Sec. 421. Section 135R.4, subsection 1, Code 2024, is 12 amended to read as follows: 13 1. The department, with the advice and approval of the 14 council on health and human services, shall adopt rules 15 specifying the standards for ambulatory surgical centers to be 16 licensed under this chapter . The rules shall be consistent 17 with and shall not exceed the requirements of this chapter and 18 the conditions for coverage in the federal Medicare program for 19 ambulatory surgical centers under 42 C.F.R. pt. 416 . 20 Sec. 422. Section 137.104, subsection 1, paragraph b, 21 unnumbered paragraph 1, Code 2024, is amended to read as 22 follows: 23 Make and enforce such reasonable rules and regulations not 24 inconsistent with law and the rules of the council department 25 as may be necessary for the protection and improvement of the 26 public health. 27 Sec. 423. Section 137.105, subsection 1, paragraph f, Code 28 2024, is amended to read as follows: 29 f. A local board of health member shall serve without 30 compensation, but may be reimbursed for necessary expenses in 31 accordance with rules established by the council department or 32 the applicable jurisdiction. 33 Sec. 424. Section 137.107, Code 2024, is amended to read as 34 follows: 35 -160- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 160/ 236
137.107 Request reviewed by state department. 1 The state department shall review requests submitted 2 pursuant to section 137.106 . The state department, upon 3 finding that all required elements are present, shall present 4 findings to the council. The council may approve the formation 5 of a district board and if the formation is approved, shall 6 notify the county boards from whom the request was received. 7 Sec. 425. Section 137.114, Code 2024, is amended to read as 8 follows: 9 137.114 Withdrawal from district. 10 A county may withdraw from an existing district board upon 11 submission of a request for withdrawal to and approval by 12 the state department. The request shall include a plan to 13 reform its county board or join a different district board, 14 information specified in section 137.106 , and approval of the 15 request by the district board and, at the recommendation of 16 the state department, the council . Any county choosing to 17 withdraw from the district board shall commit to the continuity 18 of services in its county by reestablishing its county 19 board or joining a different district board. The remaining 20 counties in the district shall submit an application including 21 the information specified in section 137.106 to the state 22 department for review as provided in section 137.107 . 23 Sec. 426. Section 137.119, Code 2024, is amended to read as 24 follows: 25 137.119 Adoption of rules. 26 The council department shall adopt rules to implement this 27 chapter . The department is vested with discretionary authority 28 to interpret the provisions of this chapter . 29 Sec. 427. Section 139A.8, subsection 3, Code 2024, is 30 amended to read as follows: 31 3. Subject to the provision of subsection 4 , the council on 32 health and human services department may modify or delete any 33 of the immunizations in subsection 2 . 34 Sec. 428. Section 139A.8, subsection 4, paragraph b, Code 35 -161- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 161/ 236
2024, is amended to read as follows: 1 b. The exemptions under this subsection do not apply in 2 times of emergency or epidemic as determined by the council on 3 health and human services and as declared by the director of 4 health and human services . 5 Sec. 429. Section 139A.9, Code 2024, is amended to read as 6 follows: 7 139A.9 Forcible removal —— isolation —— quarantine. 8 The forcible removal and isolation or quarantine of any 9 infected person shall be accomplished according to the rules 10 and regulations of the local board or the rules of the council 11 on health and human services department . 12 Sec. 430. Section 141A.2, subsection 6, Code 2024, is 13 amended to read as follows: 14 6. The department , with the approval of the council 15 on health and human services, may conduct epidemiological 16 blinded and nonblinded studies to determine the incidence 17 and prevalence of HIV infection. Initiation of any new 18 epidemiological studies shall be contingent upon the receipt 19 of funding sufficient to cover all the costs associated with 20 the studies. The informed consent, reporting, and counseling 21 requirements of this chapter shall not apply to blinded 22 studies. 23 Sec. 431. Section 217.2, subsection 1, paragraph a, Code 24 2024, is amended to read as follows: 25 a. There is created within the department a council on 26 health and human services which shall act in a policymaking and 27 an advisory capacity on matters within the jurisdiction of the 28 department. The council shall consist of nine voting members 29 appointed by the governor subject to confirmation by the 30 senate. Appointments shall be made on the basis of interest 31 in public affairs, good judgment, and knowledge and ability in 32 the field of health and human services. Appointments shall 33 be made to provide a diversity of interest and point of view 34 in the membership and without regard to religious opinions or 35 -162- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 162/ 236
affiliations. The voting members of the council shall serve 1 for six-year staggered terms. 2 Sec. 432. Section 217.3, Code 2024, is amended to read as 3 follows: 4 217.3 Duties of council. 5 The council shall: 6 1. Organize annually and select a chairperson and vice 7 chairperson. 8 2. Adopt and establish policy for the operation and Advise 9 the department on conduct of the department , subject to any 10 guidelines which may be adopted by the general assembly, and 11 the implementation of all services and programs administered 12 by the department. 13 3. Report immediately to the governor any failure by 14 the department to carry out any of the policy decisions or 15 directives of the council department . 16 4. Approve Advise and make recommendations to the 17 department on the budget of the department prior to submission 18 to the governor. Prior to approval of making recommendations 19 on the budget, the council shall publicize and hold a public 20 hearing to provide explanations and hear questions, opinions, 21 and suggestions regarding the budget. Invitations to the 22 hearing shall be extended to the governor, the governor-elect, 23 the director of the department of management, and other persons 24 deemed by the council as integral to the budget process. The 25 budget materials submitted to the governor shall include a 26 review of options recommendations for revising the medical 27 assistance program made available by federal action or by 28 actions implemented by other states as identified by the 29 department, the medical assistance advisory council created in 30 section 249A.4B , and by county representatives. The review 31 shall address what potential revisions could be made in this 32 state and how the changes would be beneficial to Iowans. 33 5. Insure Make recommendations to the department to ensure 34 that all programs administered or services rendered by the 35 -163- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 163/ 236
department directly to any citizen or through a local agency 1 to any citizen are coordinated and integrated so that any 2 citizen does not receive a duplication of services from various 3 departments or local agencies that could be rendered by one 4 department or local agency. If the council finds that such 5 is not the case, it shall hear and determine which department 6 or local agency shall provide the needed service or services 7 and enter an order of their determination by resolution of 8 the council which must be concurred in by at least a majority 9 of the members. Thereafter such order or resolution of the 10 council shall be obeyed by all state departments and local 11 agencies to which it is directed. 12 6. Adopt all necessary rules recommended by the department 13 prior to their promulgation pursuant to chapter 17A . 14 7. 6. Recommend to the governor the names of individuals 15 qualified for the position of director when a vacancy exists 16 in the office. 17 Sec. 433. Section 217.3A, Code 2024, is amended to read as 18 follows: 19 217.3A Advisory committees. 20 The council may establish and utilize other ad hoc 21 advisory committees as determined necessary to advise the 22 council related to the subject matter under the purview 23 of the department, including but not limited to child and 24 family services, behavioral health, public health, and the 25 department’s interactions with the juvenile justice system . 26 The council shall establish appointment provisions, membership 27 terms, operating guidelines, and other operational requirements 28 for committees established pursuant to this section . 29 Sec. 434. Section 217.6, Code 2024, is amended to read as 30 follows: 31 217.6 Rules and regulations —— organization of department. 32 1. The director may recommend submit to the council for 33 adoption review and recommendation, rules and regulations 34 necessary to administer the duties, functions, and programs 35 -164- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 164/ 236
of the department. Any action taken, decision made, or 1 administrative rule adopted may be reviewed by the director. 2 The director, upon may consider such review, may affirm, 3 modify, or reverse any such action, decision, or rule 4 recommendations in adopting rules for the department . 5 2. The rules and regulations adopted for the public benefits 6 and programs administered by the department shall apply the 7 residency eligibility restrictions required by federal and 8 state law. 9 3. The director shall organize the department into subunits 10 as necessary to most efficiently carry out the intent of this 11 chapter and any other chapter the department is responsible for 12 administering. 13 4. If the department requires or requests a service 14 consumer, service provider, or other person to maintain 15 required documentation in electronic form, the department shall 16 accept such documentation submitted by electronic means and 17 shall not require a physical copy of the documentation unless 18 required by state or federal law. 19 Sec. 435. Section 218.4, subsections 1 and 2, Code 2024, are 20 amended to read as follows: 21 1. The department shall recommend to the council for 22 adoption adopt rules not inconsistent with law as necessary 23 for the management of the institutions and the admission, 24 treatment, care, custody, education and discharge of residents. 25 It is the duty of the department to establish rules by which 26 danger to life and property from fire will be minimized. The 27 department may require any appointees to perform duties in 28 addition to those required by statute. 29 2. Rules adopted by the council department pursuant 30 to chapter 17A shall be uniform and shall apply to all 31 institutions under the department’s jurisdiction. The primary 32 rules for use in institutions where persons with mental illness 33 are served shall, unless otherwise indicated, uniformly apply 34 to county or private hospitals in which persons with mental 35 -165- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 165/ 236
illness are served, but the rules shall not interfere with 1 proper medical treatment administered to such persons by 2 competent physicians. Annually, signed copies of the rules 3 shall be sent to the superintendent of each institution. 4 Copies shall also be sent to the clerk of each district court, 5 the chairperson of the board of supervisors of each county and, 6 as appropriate, to the officer in charge of institutions or 7 hospitals caring for persons with mental illness in each county 8 who shall be responsible for seeing that the rules are posted 9 in each institution or hospital in a prominent place. The 10 rules shall be kept current to meet the public need and shall 11 be revised and published annually. 12 Sec. 436. Section 222.1, subsection 2, Code 2024, is amended 13 to read as follows: 14 2. The Glenwood state resource center and the Woodward 15 state resource center are established and shall be maintained 16 as the state’s regional resource centers for the purpose of 17 providing treatment, training, instruction, care, habilitation, 18 and support of persons with an intellectual disability or other 19 disabilities in this state, and providing facilities, services, 20 and other support to the communities located in the region 21 being served by a state resource center. In addition, the 22 state resource centers are encouraged to serve as a training 23 resource for community-based program staff, medical students, 24 and other participants in professional education programs. 25 A resource center may request the approval of the council 26 department to change the name of the resource center for use in 27 communication with the public, in signage, and in other forms 28 of communication. 29 Sec. 437. Section 222.2, Code 2024, is amended to read as 30 follows: 31 222.2 Definitions. 32 When used in this chapter , unless the context otherwise 33 requires: 34 1. “Auditor” means the county auditor or the auditor’s 35 -166- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 166/ 236
designee. 1 2. “Council” means the council on health and human services. 2 3. 2. “Department” means the department of health and human 3 services. 4 4. 3. “Director” means the director of health and human 5 services. 6 5. 4. “Intellectual disability” means the same as defined 7 in section 4.1 . 8 6. 5. “Mental health and disability services region” means 9 a mental health and disability services region formed in 10 accordance with section 225C.56 . 11 7. 6. “Regional administrator” means the regional 12 administrator of a mental health and disability services 13 region, as defined in section 225C.55 . 14 8. 7. “Special unit” means a special intellectual 15 disability unit established at a state mental health institute 16 pursuant to sections 222.88 through 222.91 . 17 9. 8. “State resource centers” or “resource centers” means 18 the Glenwood state resource center and the Woodward state 19 resource center. 20 10. 9. “Superintendents” means the superintendents of the 21 state resource centers. 22 Sec. 438. Section 225.33, Code 2024, is amended to read as 23 follows: 24 225.33 Death of patient —— disposal of body. 25 When a committed public patient or a voluntary public 26 patient or a committed private patient dies while at the state 27 psychiatric hospital or at the university hospital, the state 28 psychiatric hospital shall have the body prepared for shipment 29 in accordance with the rules prescribed by the council on 30 department of health and human services for shipping such 31 bodies. It is the duty of the state board of regents to make 32 arrangements for the embalming and such other preparation as 33 necessary to comply with the rules and for the purchase of 34 suitable caskets. 35 -167- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 167/ 236
Sec. 439. Section 225C.49, subsection 1, unnumbered 1 paragraph 1, Code 2024, is amended to read as follows: 2 The department shall provide coordination of the programs 3 administered by the department which serve individuals with a 4 disability and the individuals’ families, including but not 5 limited to the following juvenile justice and child welfare 6 services: family-centered services described under section 7 232.102 , decategorization of child welfare funding provided 8 for under section 232.188 , and foster care services paid under 9 section 234.35, subsection 3 . The department shall regularly 10 review administrative rules associated with such programs and 11 make recommendations to the council, governor , and general 12 assembly for revisions to remove barriers to the programs for 13 individuals with a disability and the individuals’ families 14 including the following: 15 Sec. 440. Section 226.1, subsections 3 and 4, Code 2024, are 16 amended to read as follows: 17 3. A mental health institute may request the approval of the 18 council department to change the name of the institution for 19 use in communication with the public, in signage, and in other 20 forms of communication. 21 4. For the purposes of this chapter , unless the context 22 otherwise requires: 23 a. “Council” means the council on health and human services. 24 b. a. “Department” means the department of health and human 25 services. 26 c. b. “Director” means the director of health and human 27 services. 28 d. c. “Mental health and disability services region” means 29 a mental health and disability services region formed in 30 accordance with section 225C.56 . 31 e. d. “Mental health institute” or “state mental health 32 institute” means a state hospital for persons with mental 33 illness as designated in this chapter . 34 f. e. “Regional administrator” means the same as defined 35 -168- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 168/ 236
in section 225C.55 . 1 Sec. 441. Section 234.1, Code 2024, is amended to read as 2 follows: 3 234.1 Definitions. 4 As used in this chapter , unless the context otherwise 5 requires: 6 1. “Child” means either a person less than eighteen years of 7 age or a person eighteen, nineteen, or twenty years of age who 8 meets all of the following conditions: 9 a. The person was placed by court order issued pursuant 10 to chapter 232 in foster care or in an institution listed in 11 section 218.1 and either of the following situations apply to 12 the person: 13 (1) After reaching eighteen years of age, the person 14 has remained continuously and voluntarily under the care 15 of an individual, as defined in section 237.1 , licensed to 16 provide foster care pursuant to chapter 237 or in a supervised 17 apartment living arrangement, in this state. 18 (2) The person aged out of foster care after reaching 19 eighteen years of age and subsequently voluntarily applied for 20 placement with an individual, as defined in section 237.1 , 21 licensed to provide foster care pursuant to chapter 237 or for 22 placement in a supervised apartment living arrangement, in this 23 state. 24 b. The person has demonstrated a willingness to participate 25 in case planning and to complete the responsibilities 26 prescribed in the person’s case permanency plan. 27 c. The department has made an application for the person 28 for adult services upon a determination that it is likely the 29 person will need or be eligible for services or other support 30 from the adult services system. 31 2. “Council” means the council on health and human services. 32 3. 2. “Department” means the department of health and human 33 services. 34 4. 3. “Director” means the director of health and human 35 -169- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 169/ 236
services. 1 5. 4. “Food programs” means the supplemental nutrition 2 assistance program and donated foods programs authorized by 3 federal law under the United States department of agriculture. 4 6. 5. “Supplemental nutrition assistance program” or “SNAP” 5 means benefits provided by the federal program administered 6 through 7 C.F.R. pts. 270 283 , as amended. 7 Sec. 442. Section 234.6, subsection 1, unnumbered paragraph 8 1, Code 2024, is amended to read as follows: 9 The director shall administer the family investment program, 10 state supplementary assistance, food programs, child welfare, 11 and emergency relief, family and adult service programs, and 12 any other form of public assistance and institutions that are 13 placed under the director’s administration. The director shall 14 perform duties, formulate and adopt rules as necessary, and 15 outline policies, dictate procedure, and delegate powers as 16 necessary for competent and efficient administration. Subject 17 to restrictions that may be imposed by the council, the The 18 director may abolish, alter, consolidate, or establish subunits 19 and abolish or change existing subunits. The director may 20 employ necessary personnel and determine their compensation; 21 may allocate or reallocate functions and duties among subunits; 22 and may adopt rules relating to the employment of personnel 23 and the allocation of their functions and duties among the 24 various subunits as required for competent and efficient 25 administration. The director shall do all of the following: 26 Sec. 443. Section 234.6, subsection 1, paragraphs d and h, 27 Code 2024, are amended to read as follows: 28 d. Notwithstanding any provisions to the contrary in chapter 29 239B relating to the consideration of income and resources of 30 claimants for assistance, and with the consent and approval of 31 the council, adopt rules necessary to qualify for federal aid 32 in the assistance programs administered by the director. 33 h. Recommend Adopt rules for their adoption by the council 34 for before and after school child care programs, conducted 35 -170- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 170/ 236
within and by or contracted for by school districts, that are 1 appropriate for the ages of the children who receive services 2 under the programs. 3 Sec. 444. Section 237.1, Code 2024, is amended to read as 4 follows: 5 237.1 Definitions. 6 As used in this chapter : 7 1. “Agency” means a person which provides child foster care 8 and which does not meet the definition of an individual as 9 defined under this section . 10 2. “Child” means child as defined in section 234.1 . 11 3. “Child foster care” means the provision of parental 12 nurturing, including but not limited to the furnishing of 13 food, lodging, training, education, supervision, treatment, 14 or other care, to a child on a full-time basis by a person, 15 including a relative of the child if the relative is licensed 16 under this chapter , but not including a guardian of the child. 17 “Child foster care” does not include any of the following care 18 situations: 19 a. Care furnished by an individual person who receives the 20 child of a personal friend as an occasional and personal guest 21 in the individual person’s home, free of charge and not as a 22 business. 23 b. Care furnished by an individual person with whom a child 24 has been placed for lawful adoption, unless that adoption is 25 not completed within two years after placement. 26 c. Care furnished by a private boarding school subject to 27 approval by the state board of education pursuant to section 28 256.11 . 29 d. Child care furnished by a child care center, a child 30 development home, or a child care home as defined in section 31 237A.1 . 32 e. Care furnished in a hospital licensed under chapter 135B 33 or care furnished in a nursing facility licensed under chapter 34 135C . 35 -171- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 171/ 236
f. Care furnished by a relative of a child or an individual 1 person with a meaningful relationship with the child where the 2 child is not under the placement, care, or supervision of the 3 department. 4 4. “Council” means the council on health and human services. 5 5. 4. “Department” means the department of health and human 6 services. 7 6. 5. “Director” means the director of health and human 8 services. 9 7. 6. “Facility” means the personnel, program, physical 10 plant, and equipment of a licensee. 11 8. 7. “Individual” means an individual person or a married 12 couple who provides child foster care in a single-family home 13 environment and which does not meet the definition of an agency 14 under this section . 15 9. 8. “Licensee” means an individual or an agency licensed 16 under this chapter . 17 10. 9. “Reasonable and prudent parent standard” means 18 the standard characterized by careful and sensible parenting 19 decisions that maintain the health, safety, and best interests 20 of a child, while at the same time encouraging the emotional 21 and developmental growth of a child, that a caregiver shall 22 use when determining whether to allow a child in foster care 23 under the placement, care, or supervision of the department to 24 participate in extracurricular, enrichment, cultural, or social 25 activities. For the purposes of this subsection , “caregiver” 26 means an individual or an agency licensed under this chapter 27 with which a child in foster care has been placed or a juvenile 28 shelter care home approved under chapter 232 in which a child 29 in foster care has been placed. 30 Sec. 445. Section 237.3, subsection 1, Code 2024, is amended 31 to read as follows: 32 1. Except as otherwise provided by subsections 3 and 4 , 33 the department shall promulgate, after their adoption by the 34 council, adopt and enforce in accordance with chapter 17A , 35 -172- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 172/ 236
administrative rules necessary to implement this chapter . 1 Formulation of the rules shall include consultation with 2 representatives of child foster care providers and other 3 persons affected by this chapter . The rules shall encourage 4 the provision of child foster care in a single-family, home 5 environment, exempting the single-family, home facility from 6 inappropriate rules. 7 Sec. 446. Section 237A.1, Code 2024, is amended to read as 8 follows: 9 237A.1 Definitions. 10 As used in this chapter unless the context otherwise 11 requires: 12 1. “Child” means either of the following: 13 a. A person twelve years of age or younger. 14 b. A person thirteen years of age or older but younger than 15 nineteen years of age who has a developmental disability as 16 defined under the federal Developmental Disabilities Assistance 17 and Bill of Rights Act of 2000, Pub. L. No. 106-402, as 18 codified in 42 U.S.C. §15002(8). 19 2. “Child care” means the care, supervision, and guidance of 20 a child by a person other than the child’s parent, guardian, 21 or custodian for periods of less than twenty-four hours per 22 day per child on a regular basis, but does not include care, 23 supervision, and guidance of a child by any of the following: 24 a. An instructional program for children who are attending 25 prekindergarten as defined by the state board of education 26 under section 256.11 or a higher grade level and are at least 27 four years of age, or are at least three years of age and 28 eligible for special education under chapter 256B , administered 29 by any of the following: 30 (1) A public or nonpublic school system accredited by the 31 department of education or the state board of regents. 32 (2) A nonpublic school system which is not accredited by the 33 department of education or the state board of regents. 34 b. Any of the following church-related programs: 35 -173- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 173/ 236
(1) An instructional program. 1 (2) A youth program other than a preschool, before or after 2 school child care program, or other child care program. 3 (3) A program providing care to children on church premises 4 while the children’s parents are attending church-related or 5 church-sponsored activities on the church premises. 6 c. Short-term classes of less than two weeks’ duration held 7 between school terms or during a break within a school term. 8 d. A child care center for sick children operated as part of 9 a pediatrics unit in a hospital licensed by the department of 10 inspections, appeals, and licensing pursuant to chapter 135B . 11 e. A program operated not more than one day per week by 12 volunteers which meets all of the following conditions: 13 (1) Not more than eleven children are served per volunteer. 14 (2) The program operates for less than four hours during any 15 twenty-four-hour period. 16 (3) The program is provided at no cost to the children’s 17 parent, guardian, or custodian. 18 f. A program administered by a political subdivision of the 19 state which is primarily for recreational or social purposes 20 and is limited to children who are five years of age or older 21 and attending school. 22 g. An after school program continuously offered throughout 23 the school year calendar to children who are at least five 24 years of age and are enrolled in school, and attend the program 25 intermittently or a summer-only program for such children. The 26 program must be provided through a nominal membership fee or 27 at no cost. 28 h. A special activity program which meets less than four 29 hours per day for the sole purpose of the special activity. 30 Special activity programs include but are not limited to music 31 or dance classes, organized athletic or sports programs, 32 recreational classes, scouting programs, and hobby or craft 33 clubs or classes. 34 i. A nationally accredited camp. 35 -174- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 174/ 236
j. A structured program for the purpose of providing 1 therapeutic, rehabilitative, or supervisory services to 2 children under any of the following: 3 (1) A purchase of service or managed care contract with the 4 department. 5 (2) A contract approved by a governance board of a 6 decategorization of child welfare and juvenile justice funding 7 project created under section 232.188 . 8 (3) An arrangement approved by a juvenile court order. 9 k. Care provided on-site to children of parents residing in 10 an emergency, homeless, or domestic violence shelter. 11 l. A child care facility providing respite care to a 12 licensed foster family home for a period of twenty-four hours 13 or more to a child who is placed with that licensed foster 14 family home. 15 m. A program offered to a child whose parent, guardian, 16 or custodian is engaged solely in a recreational or social 17 activity, remains immediately available and accessible on the 18 physical premises on which the child’s care is provided, and 19 does not engage in employment while the care is provided. 20 However, if the recreational or social activity is provided 21 in a fitness center or on the premises of a nonprofit 22 organization, the parent, guardian, or custodian of the child 23 may be employed to teach or lead the activity. 24 3. “Child care center” or “center” means a facility 25 providing child care or preschool services for seven or more 26 children, except when the facility is registered as a child 27 development home. 28 4. “Child care facility” or “facility” means a child care 29 center, preschool, or a registered child development home. 30 5. “Child care home” means a person or program providing 31 child care to any of the following children at any one time 32 that is not registered to provide child care under this 33 chapter , as authorized under section 237A.3 : 34 a. Five or fewer children. 35 -175- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 175/ 236
b. Six or fewer children, if at least one of the children 1 is school-aged. 2 6. “Child development home” means a person or program 3 registered under section 237A.3A that may provide child care to 4 seven or more children at any one time. 5 7. “Children needing special needs care” or “special needs 6 child” means a child or children with one or more of the 7 following conditions: 8 a. The child has been diagnosed by a physician or by a 9 person endorsed for service as a school psychologist by the 10 department of education to have a developmental disability 11 which substantially limits one or more major life activities, 12 and the child requires professional treatment, assistance in 13 self-care, or the purchase of special adaptive equipment. 14 b. The child has been determined by a qualified intellectual 15 disability professional to have a condition which impairs the 16 child’s intellectual and social functioning. 17 c. The child has been diagnosed by a mental health 18 professional to have a behavioral or emotional disorder 19 characterized by situationally inappropriate behavior which 20 deviates substantially from behavior appropriate to the 21 child’s age, or which significantly interferes with the child’s 22 intellectual, social, or personal development. 23 8. “Council” means the council on health and human services. 24 9. 8. “Department” means the department of health and human 25 services. 26 10. 9. “Director” means the director of health and human 27 services. 28 11. 10. “Infant” means a child who is less than twenty-four 29 months of age. 30 12. 11. “Involvement with child care” means licensed 31 or registered under this chapter , employed in a child care 32 facility, residing in a child care facility, receiving public 33 funding for providing child care, or providing child care as a 34 child care home provider, or residing in a child care home. 35 -176- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 176/ 236
13. 12. “Licensed center” means a center issued a full 1 or provisional license by the department under the provisions 2 of this chapter or a center for which a license is being 3 processed. 4 14. 13. “Poverty level” means the poverty level defined by 5 the most recently revised poverty income guidelines published 6 by the United States department of health and human services. 7 15. 14. “Preschool” means a child care facility which 8 provides to children ages three through five, for periods of 9 time not exceeding three hours per day, programs designed 10 to help the children to develop intellectual skills, social 11 skills, and motor skills, and to extend their interest and 12 understanding of the world about them. 13 16. 15. “School” means kindergarten or a higher grade 14 level. 15 17. “State child care advisory committee” means the state 16 child care advisory committee established pursuant to section 17 135.173A . 18 Sec. 447. Section 238.1, Code 2024, is amended to read as 19 follows: 20 238.1 Definitions. 21 For the purpose of this chapter unless the context otherwise 22 requires: 23 1. “Child” means the same as defined in section 234.1 . 24 2. “Child-placing agency” or “agency” means any agency, 25 whether public, semipublic, or private, which represents that 26 the agency places children permanently or temporarily in 27 private family homes or receives children for placement in 28 private family homes, or which actually engages for gain or 29 otherwise in the placement of children in private family homes. 30 “Agency” includes individuals, institutions, partnerships, 31 voluntary associations, and corporations, other than 32 institutions under the management or control of the department. 33 3. “Council” means the council on health and human services. 34 4. 3. “Department” means the department of health and human 35 -177- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 177/ 236
services. 1 5. 4. “Director” means the director of health and human 2 services. 3 Sec. 448. Section 238.12, Code 2024, is amended to read as 4 follows: 5 238.12 Appeal —— judicial review. 6 1. A licensee aggrieved by a decision of the department 7 revoking the licensee’s license may appeal to the council 8 department in the manner prescribed by the council department . 9 The council department shall, upon receipt of such an appeal, 10 give the licensee reasonable notice and opportunity for a fair 11 hearing before the council or its duly department’s authorized 12 representative. Following the hearing , the council department 13 shall take final action and notify the licensee in writing. 14 2. Judicial review of the actions of the council department 15 may be sought in accordance with the terms of chapter 17A . 16 Sec. 449. Section 249.1, Code 2024, is amended to read as 17 follows: 18 249.1 Definitions. 19 As used in this chapter : 20 1. “Council” means the council on health and human services. 21 2. 1. “Department” means the department of health and human 22 services. 23 3. 2. “Director” means the director of health and human 24 services. 25 4. 3. “Federal supplemental security income” means cash 26 payments made to individuals by the United States government 27 under Tit. XVI of the Social Security Act as amended by Pub. L. 28 No. 92-603, or any other amendments thereto. 29 5. 4. “Previous categorical assistance programs” means the 30 aid to the blind program authorized by chapter 241 , the aid to 31 the disabled program authorized by chapter 241A and the old-age 32 assistance program authorized by chapter 249, Code 1973 . 33 6. 5. “State supplementary assistance” means cash payments 34 made to individuals: 35 -178- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 178/ 236
a. By the United States government on behalf of the state of 1 Iowa pursuant to section 249.2 . 2 b. By the state of Iowa directly pursuant to sections 249.3 3 through 249.5 . 4 Sec. 450. Section 249.4, subsection 1, Code 2024, is amended 5 to read as follows: 6 1. Applications for state supplementary assistance shall 7 be made in the form and manner prescribed by the director or 8 the director’s designee , with the approval of the council, 9 pursuant to chapter 17A . Each person who applies and is found 10 eligible under section 249.3 shall, so long as the person’s 11 eligibility continues, receive state supplementary assistance 12 on a monthly basis, from funds appropriated to the department 13 for the purpose. 14 Sec. 451. Section 249A.4B, subsections 1 and 7, Code 2024, 15 are amended to read as follows: 16 1. A medical assistance advisory council is created to 17 comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of 18 the federal Social Security Act and to advise the director 19 about health and medical care services under the medical 20 assistance program. The council shall meet no more than 21 quarterly as necessary . The director’s designee responsible 22 for public health or their designee and a public member of the 23 council selected by the public members of the council shall 24 serve as co-chairpersons of the council. 25 7. The director shall consider the recommendations offered 26 by the council in the director’s preparation of the medical 27 assistance budget recommendations to the council on health and 28 human services pursuant to section 217.3 and in implementation 29 of medical assistance program policies. 30 Sec. 452. Section 331.304, subsection 9, Code 2024, is 31 amended to read as follows: 32 9. A county shall not adopt or enforce any ordinance 33 imposing any registration or licensing system or registration 34 or license fees for or relating to owner-occupied manufactured 35 -179- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 179/ 236
or mobile homes including the lots, lands, or manufactured 1 home community or mobile home park upon or in which they are 2 located. A county shall not adopt or enforce any ordinance 3 imposing any registration or licensing system, or registration 4 or license fees, or safety or sanitary standards for rental 5 manufactured or mobile homes unless similar registration or 6 licensing system, or registration or license fees, or safety 7 or sanitary standards are required for other rental properties 8 intended for human habitation. This subsection does not 9 preclude the investigation and abatement of a nuisance or the 10 enforcement of a tiedown system, or the enforcement of any 11 regulations rules of the council on department of health and 12 human services or local board of health if those regulations 13 rules apply to other rental properties or to owner-occupied 14 housing intended for human habitation. 15 Sec. 453. Section 364.3, subsection 5, Code 2024, is amended 16 to read as follows: 17 5. A city shall not adopt or enforce any ordinance imposing 18 any registration or licensing system or registration or license 19 fees for or relating to owner-occupied manufactured or mobile 20 homes including the lots, lands, or manufactured home community 21 or mobile home park upon or in which they are located. A 22 city shall not adopt or enforce any ordinance imposing any 23 registration or licensing system, or registration or license 24 fees, or safety or sanitary standards for rental manufactured 25 or mobile homes unless a similar registration or licensing 26 system, or registration or license fees, or safety or sanitary 27 standards are required for other rental properties intended 28 for human habitation. This subsection does not preclude the 29 investigation and abatement of a nuisance or the enforcement of 30 a tiedown system, or the enforcement of any regulations rules 31 of the council on department of health and human services or 32 local board of health if those regulations rules apply to other 33 rental properties or to owner-occupied housing intended for 34 human habitation. 35 -180- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 180/ 236
DIVISION XI 1 ELIMINATION OF ADVISORY COUNCIL ON BRAIN INJURIES 2 Sec. 454. Section 135.22A, Code 2024, is amended to read as 3 follows: 4 135.22A Advisory council on brain Brain injuries —— policy 5 —— department as lead agency . 6 1. For purposes of this section , unless the context 7 otherwise requires: 8 a. “Brain injury” means a brain injury as defined in section 9 135.22 . 10 b. “Council” means the advisory council on brain injuries 11 health and human services . 12 2. The advisory council on brain injuries is established. 13 The following persons or their designees shall serve as ex 14 officio, nonvoting members of the council: 15 a. The director of health and human services or the 16 director’s designee. 17 b. The director of the department of education. 18 c. The chief of the special education bureau of the 19 department of education. 20 d. The administrator of the division of vocational 21 rehabilitation services of the department of workforce 22 development. 23 e. The director of the department for the blind. 24 3. The council shall be composed of a minimum of nine 25 members appointed by the governor in addition to the ex officio 26 members, and the governor may appoint additional members. 27 Insofar as practicable, the council shall include persons with 28 brain injuries; family members of persons with brain injuries; 29 representatives of industry, labor, business, and agriculture; 30 representatives of federal, state, and local government; and 31 representatives of religious, charitable, fraternal, civic, 32 educational, medical, legal, veteran, welfare, and other 33 professional groups and organizations. Members shall be 34 appointed representing every geographic and employment area 35 -181- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 181/ 236
of the state and shall include members of both sexes. A 1 simple majority of the members appointed by the governor shall 2 constitute a quorum. 3 4. Members of the council appointed by the governor shall 4 be appointed for terms of two years. Vacancies on the council 5 shall be filled for the remainder of the term of the original 6 appointment. Members whose terms expire may be reappointed. 7 5. The voting members of the council shall appoint a 8 chairperson and a vice chairperson and other officers as the 9 council deems necessary. The officers shall serve until their 10 successors are appointed and qualified. Members of the council 11 shall receive actual expenses for their services. Members may 12 also be eligible to receive compensation as provided in section 13 7E.6 . The council shall adopt rules pursuant to chapter 17A . 14 6. 2. The council shall do all of the following: 15 a. Promote meetings and programs for the discussion of 16 methods to reduce the debilitating effects of brain injuries, 17 and disseminate information in cooperation with any other 18 department, agency, or entity on the prevention, evaluation, 19 care, treatment, and rehabilitation of persons affected by 20 brain injuries. 21 b. Study and review current prevention, evaluation, care, 22 treatment, and rehabilitation technologies and recommend 23 appropriate preparation, training, retraining, and distribution 24 of personnel and resources in the provision of services 25 to persons with brain injuries through private and public 26 residential facilities, day programs, and other specialized 27 services. 28 c. Participate in developing and disseminating criteria and 29 standards which may be required for future funding or licensing 30 of facilities, day programs, and other specialized services for 31 persons with brain injuries in this state. 32 d. Make recommendations to the governor for developing and 33 administering a state plan to provide services for persons with 34 brain injuries. 35 -182- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 182/ 236
e. Meet at least quarterly as necessary . 1 7. 3. The department is designated as Iowa’s lead agency 2 for brain injury. For the purposes of this section , the 3 designation of lead agency authorizes the department to 4 perform or oversee the performance of those functions specified 5 in subsection 6 , paragraphs “a” through “c” . The council 6 is assigned to the department for administrative purposes. 7 The director shall be responsible for budgeting, program 8 coordination, and related management functions. 9 8. The council may receive gifts, grants, or donations 10 made for any of the purposes of its programs and disburse and 11 administer them in accordance with their terms and under the 12 direction of the director. 13 Sec. 455. Section 135.22B, subsection 2, paragraph c, Code 14 2024, is amended to read as follows: 15 c. The department shall consult with the advisory council 16 on brain injuries, established pursuant to section 135.22A , 17 regarding the program and shall report to the council 18 concerning the program at least quarterly. The council shall 19 make recommendations to the department concerning the program’s 20 operation. 21 DIVISION XII 22 ELIMINATION OF CHILDREN’S BEHAVIORAL HEALTH SYSTEM STATE BOARD 23 Sec. 456. Section 225C.52, Code 2024, is amended to read as 24 follows: 25 225C.52 Children’s behavioral health system state board —— 26 Council duties. 27 The council shall provide guidance on the implementation 28 and management of a children’s behavioral health system for 29 the provision of services to children with a serious emotional 30 disturbance. To the extent funding is available, the state 31 board council shall perform the following duties: 32 1. Advise the director on the administration of the 33 children’s behavioral health system. 34 2. Provide consultation services support to agencies 35 -183- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 183/ 236
regarding the development of administrative rules for the 1 children’s behavioral health system. 2 3. Identify behavioral health outcomes and indicators for 3 eligible children with a serious emotional disturbance to 4 promote children living with their own families and in the 5 community. 6 4. Submit a written report on or before December 1 of each 7 year to the governor and the general assembly. At a minimum, 8 the report shall include a summary of all activities undertaken 9 by the state board council relating to the children’s 10 behavioral health system and results from identified behavioral 11 health outcomes and indicators for the children’s behavioral 12 health system. 13 Sec. 457. Section 225C.55, Code 2024, is amended to read as 14 follows: 15 225C.55 Definitions. 16 As used in this subchapter , unless the context otherwise 17 requires: 18 1. “Children’s behavioral health services” means the same as 19 defined in section 225C.2 . 20 2. “Council” means the council on health and human services. 21 2. 3. “Department” means the department of health and human 22 services. 23 3. 4. “Director” means the director of health and human 24 services. 25 4. 5. “Disability services” means the same as defined in 26 section 225C.2 . 27 5. 6. “Population” means, as of July 1 of the fiscal year 28 preceding the fiscal year in which the population figure is 29 applied, the population shown by the latest preceding certified 30 federal census or the latest applicable population estimate 31 issued by the United States census bureau, whichever is most 32 recent. 33 6. 7. “Regional administrator” means the administrative 34 office, organization, or entity formed by agreement of the 35 -184- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 184/ 236
counties participating in a region to function on behalf of 1 those counties in accordance with this subchapter . 2 7. 8. “Serious emotional disturbance” means the same as 3 defined in section 225C.2 . 4 8. “State board” means the children’s system state board 5 created in section 225C.51 . 6 9. “State commission” means the mental health and disability 7 services commission created in section 225C.5 . 8 Sec. 458. Section 225C.66, subsection 3, Code 2024, is 9 amended to read as follows: 10 3. Pursuant to recommendations made by the state board, 11 the The department shall adopt rules to define the services 12 included in the core domains listed in this section . The rules 13 shall provide service definitions, service provider standards, 14 service access standards, and service implementation dates, and 15 shall provide consistency, to the extent possible, with similar 16 service definitions under the medical assistance program. 17 Sec. 459. REPEAL. Section 225C.51, Code 2024, is repealed. 18 DIVISION XIII 19 ELIMINATION OF CONGENITAL AND INHERITED DISORDERS ADVISORY 20 COMMITTEE 21 Sec. 460. Section 136A.2, Code 2024, is amended to read as 22 follows: 23 136A.2 Definitions. 24 As used in this chapter , unless the context otherwise 25 requires: 26 1. “Attending health care provider” means a licensed 27 physician, nurse practitioner, certified nurse midwife, or 28 physician assistant. 29 2. “Congenital and inherited disorders advisory committee” 30 or “advisory committee” means the congenital and inherited 31 disorders advisory committee created in this chapter . 32 3. 2. “Congenital disorder” means an abnormality existing 33 prior to or at birth, including a stillbirth, that adversely 34 affects the health and development of a fetus, newborn, child, 35 -185- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 185/ 236
or adult, including a structural malformation or a genetic, 1 chromosomal, inherited, or biochemical disorder. 2 3. “Council” means the council on health and human services. 3 4. “Department” means the department of health and human 4 services. 5 5. “Disorder” means a congenital or inherited disorder. 6 6. “Genetics” means the study of inheritance and how genes 7 contribute to health conditions and the potential for disease. 8 7. “Genomics” means the functions and interactions of all 9 human genes and their variation within human populations, 10 including their interaction with environmental factors, and 11 their contribution to health. 12 8. “Inherited disorder” means a condition caused by an 13 abnormal change in a gene or genes passed from a parent or 14 parents to their child. Onset of the disorder may be prior to 15 or at birth, during childhood, or in adulthood. 16 9. “Stillbirth” means an unintended fetal death occurring 17 after a gestation period of twenty completed weeks, or an 18 unintended fetal death of a fetus with a weight of three 19 hundred fifty or more grams. 20 Sec. 461. Section 136A.3A, Code 2024, is amended to read as 21 follows: 22 136A.3A Congenital and inherited disorders advisory committee 23 established —— process Process for addition of conditions to 24 newborn screening. 25 1. A congenital and inherited disorders advisory committee 26 is established to The council shall assist the department in 27 the development of programs that ensure the availability and 28 access to quality genetic and genomic health care services for 29 all Iowans. 30 2. The members of the advisory committee shall be appointed 31 by the director and shall include persons with relevant 32 expertise and interest including parent representatives. 33 3. 2. The advisory committee council shall assist the 34 department in designating the conditions to be included in the 35 -186- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 186/ 236
newborn screening and in regularly evaluating the effectiveness 1 and appropriateness of the newborn screening. 2 4. 3. a. Beginning July 1, 2022, the advisory committee 3 council shall ensure that all conditions included in the 4 federal recommended uniform screening panel as of January 1, 5 2022, are included in the newborn screening. 6 b. Within twelve months of the addition of a new 7 condition to the federal recommended uniform screening panel, 8 the advisory committee council shall consider and make a 9 recommendation to the department regarding inclusion of the 10 new condition in the newborn screening, including the current 11 newborn screening capacity to screen for the new condition 12 and the resources necessary to screen for the new condition 13 going forward. If the advisory committee council recommends 14 inclusion of a new condition, the department shall include the 15 new condition in the newborn screening within eighteen months 16 of receipt of the recommendation. 17 5. 4. The department shall submit a status report to the 18 general assembly, annually, by December 31, regarding all of 19 the following: 20 a. The current conditions included in the newborn screening. 21 b. Any new conditions currently under consideration or 22 recommended by the advisory committee council for inclusion in 23 the newborn screening. 24 c. Any new conditions considered but not recommended by the 25 advisory committee council in the prior twelve-month period and 26 the reason for not recommending any such conditions. 27 d. Any departmental request for additional program capacity 28 or resources necessitated by the inclusion of a recommended new 29 condition in the newborn screening. 30 e. Any delay and the reason for the delay by the advisory 31 committee council in complying with the specified twelve-month 32 time frame in considering or recommending the inclusion of a 33 new condition in the newborn screening to the department. 34 f. Any delay and the reason for the delay by the department 35 -187- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 187/ 236
in complying with the specified eighteen-month time frame in 1 including a new condition in the newborn screening following 2 receipt of a recommendation from the advisory committee council 3 recommending the inclusion of such condition. 4 6. 5. The state hygienic laboratory shall establish 5 the newborn screening fee schedule in a manner sufficient 6 to support the newborn screening system of care including 7 laboratory screening costs, short-term and long-term follow-up 8 program costs, the newborn screening developmental fund, and 9 the cost of the department’s newborn screening data system. 10 DIVISION XIV 11 ELIMINATION OF EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL 12 Sec. 462. Section 147A.2, Code 2024, is amended to read as 13 follows: 14 147A.2 Council established —— terms of office on health and 15 human services —— advisory duties . 16 1. An EMS advisory council shall be appointed by the 17 director. Membership of the council shall be comprised of 18 individuals nominated from, but not limited to, the following 19 state or national organizations: Iowa osteopathic medical 20 association, Iowa medical society, American college of 21 emergency physicians, Iowa physician assistant society, Iowa 22 academy of family physicians, university of Iowa hospitals 23 and clinics, American academy of emergency medicine, American 24 academy of pediatrics, Iowa EMS association, Iowa firefighters 25 association, Iowa professional fire fighters, EMS education 26 programs committee, Iowa nurses association, Iowa hospital 27 association, and the Iowa state association of counties. The 28 council shall also include at least two at-large members 29 who are volunteer emergency medical care providers and a 30 representative of a private service program. 31 2. The EMS advisory council on health and human services 32 shall advise the director and develop policy recommendations 33 concerning the regulation, administration, and coordination of 34 emergency medical services in the state. 35 -188- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 188/ 236
Sec. 463. REPEAL. Section 147A.3, Code 2024, is repealed. 1 DIVISION XV 2 ELIMINATION OF TRAUMA SYSTEM ADVISORY COUNCIL 3 Sec. 464. Section 147A.23, Code 2024, is amended to read as 4 follows: 5 147A.23 Trauma care system development. 6 1. The department is designated as a lead agency in this 7 state responsible for the development of a statewide trauma 8 care system. 9 2. The department , in consultation with the trauma system 10 advisory council, shall develop, coordinate, and monitor a 11 statewide trauma care system. This system shall include, but 12 not be limited to, the following: 13 a. (1) Development of criteria for the categorization 14 of all hospitals and emergency care facilities according to 15 their trauma care capabilities. These categories shall be for 16 levels I, II, III, and IV, based on the most current guidelines 17 published by the American college of surgeons committee on 18 trauma, the American college of emergency physicians, and 19 the model trauma care plan of the United States department 20 of health and human services’ health resources and services 21 administration. 22 (2) The categorization of all hospitals and emergency 23 care facilities by the department as to their capacity to 24 provide trauma care services. The categorization shall be 25 determined by the department from self-reported information 26 provided to the department by the hospital or emergency care 27 facility. This categorization shall not be construed to imply 28 any guarantee on the part of the department as to the level of 29 trauma care services available at the hospital or emergency 30 care facility. 31 b. (1) Development of a process for the verification of 32 the trauma care capacity of each facility and the issuance of a 33 certificate of verification. The standards and verification 34 process shall be established by rule and may vary as 35 -189- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 189/ 236
appropriate by level of trauma care capability. To the extent 1 possible, the standards and verification process shall be 2 coordinated with other applicable accreditation and licensing 3 standards. 4 (2) The issuance of a certificate of verification of all 5 categorized hospitals and emergency care facilities from the 6 department at the level preferred by the hospital or emergency 7 care facility. The standards and verification process shall 8 be established by rule and may vary as appropriate by level of 9 trauma care capability. To the extent possible, the standards 10 and verification process shall be coordinated with other 11 applicable accreditation and licensing standards. 12 c. Upon verification and the issuance of a certificate 13 of verification, agreement by a hospital or emergency care 14 facility agrees to maintain a level of commitment and resources 15 sufficient to meet responsibilities and standards as required 16 by the trauma care criteria established by rule under this 17 subchapter . Verifications are valid for a period of three 18 years or as determined by the department and are renewable. As 19 part of the verification and renewal process, the department 20 may conduct periodic on-site reviews of the services and 21 facilities of the hospital or emergency care facility. 22 d. Implementation of an Iowa trauma care plan. 23 e. Development of standards for medical direction, trauma 24 care, triage and transfer protocols, and trauma registries. 25 f. Promotion of public information and education activities 26 for injury prevention. 27 g. The development of strategies and the review of rules 28 adopted under this subchapter to promote optimal trauma care 29 delivery throughout the state. 30 h. Development, implementation, and conducting of trauma 31 care system evaluation, quality assessment, and quality 32 improvement. 33 d. 3. The department is responsible for the funding of the 34 administrative costs of this subchapter . Any funds received 35 -190- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 190/ 236
by the department for this purpose shall be deposited in the 1 emergency medical services fund established in section 135.25 . 2 e. 4. This section shall not be construed to limit the 3 number and distribution of level I, II, III, and IV categorized 4 and verified trauma care facilities in a community or region. 5 5. Proceedings, records, and reports developed pursuant 6 to this section constitute peer review records under section 7 147.135, and are not subject to discovery by subpoena or 8 admissible as evidence. All information and documents 9 received from a hospital or emergency care facility under this 10 subchapter shall be confidential pursuant to section 272C.6, 11 subsection 4. 12 Sec. 465. Section 147A.26, subsection 1, Code 2024, is 13 amended to read as follows: 14 1. The department shall maintain a statewide trauma 15 reporting system by which the trauma system advisory council 16 and the department may monitor the effectiveness of the 17 statewide trauma care system. 18 Sec. 466. REPEAL. Section 147A.24, Code 2024, is repealed. 19 DIVISION XVI 20 ELIMINATION OF JUSTICE ADVISORY BOARD 21 Sec. 467. Section 216A.131, Code 2024, is amended to read 22 as follows: 23 216A.131 Definitions. 24 For the purpose of this subchapter , unless the context 25 otherwise requires : 26 1. “Board” means the justice advisory board. 27 2. “Department” , “department” means the department of health 28 and human services. 29 Sec. 468. Section 216A.133, Code 2024, is amended to read 30 as follows: 31 216A.133 Purpose and Department duties. 32 1. The purpose of the board department shall be do all of 33 the following: 34 a. Develop short-term and long-term goals to improve the 35 -191- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 191/ 236
criminal and juvenile justice systems. 1 b. Identify and analyze justice system issues , including 2 the impact of present criminal and juvenile justice policy, and 3 make recommendations for policy change . 4 c. Develop and assist others in implementing recommendations 5 and plans for justice system improvement. 6 d. Provide the general assembly with an analysis of current 7 and proposed criminal code provisions. 8 e. Provide for a clearinghouse of justice system information 9 to coordinate with data resource agencies and assist others in 10 the use of justice system data. 11 2. The board shall advise the department on its 12 administration of state and federal grants and appropriations 13 and shall carry out other functions consistent with this 14 subchapter . 15 3. The duties of the board shall consist of the following: 16 a. Identifying issues and analyzing the operation and impact 17 of present criminal and juvenile justice policy and making 18 recommendations for policy changes. 19 b. f. Coordinating Coordinate with data resource agencies 20 to provide data and analytical information to federal, state, 21 and local governments, and assisting assist agencies in the use 22 of criminal and juvenile justice data. 23 c. g. Reporting Report criminal justice system needs to the 24 governor, the general assembly, and other decision makers to 25 improve the criminal justice system. 26 d. h. Reporting Report juvenile justice system needs to 27 the governor, the general assembly, and other decision makers 28 to address issues specifically affecting the juvenile justice 29 system, including evidence-based programs for group foster 30 care placements and the state training school, diversion, and 31 community-based services for juvenile offenders. 32 e. i. Providing Provide technical assistance upon request 33 to state and local agencies. 34 f. j. Administering Administer federal funds and funds 35 -192- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 192/ 236
appropriated by the state or that are otherwise available 1 in compliance with applicable laws, regulations, and other 2 requirements for purposes of study, research, investigation, 3 planning, and implementation in the areas of criminal and 4 juvenile justice. 5 g. k. Making Make grants to cities, counties, and other 6 entities pursuant to applicable law. 7 h. l. Maintaining Maintain an Iowa correctional policy 8 project as provided in section 216A.137 . 9 i. m. Providing Provide input and make recommendations 10 to the director including in the development of a budget 11 recommendations for the department. 12 j. Developing and making recommendations to the director. 13 k. n. Serving as a liaison between the department and 14 the public, sharing Share information and gathering gather 15 constituency input. 16 l. Recommending to the department the adoption of rules 17 pursuant to chapter 17A as it deems necessary for the board and 18 department. 19 m. o. Recommending Recommend legislative and executive 20 action to the governor and general assembly. 21 n. p. Establishing Establish advisory committees, work 22 groups, or other coalitions as appropriate. 23 o. q. Providing Provide the general assembly with 24 an analysis and recommendations of current criminal code 25 provisions and proposed legislation which include but are not 26 limited to all of the following: 27 (1) Potential disparity in sentencing. 28 (2) Truth in sentencing. 29 (3) Victims. 30 (4) The proportionality of specific sentences. 31 (5) Sentencing procedures. 32 (6) Costs associated with the implementation of criminal 33 code provisions, including costs to the judicial branch, 34 department of corrections, and judicial district departments 35 -193- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 193/ 236
of correctional services, costs for representing indigent 1 defendants, and costs incurred by political subdivisions of the 2 state. 3 (7) Best practices related to the department of corrections 4 including recidivism rates, safety and the efficient use of 5 correctional staff, and compliance with correctional standards 6 set by the federal government and other jurisdictions. 7 (8) Best practices related to the Iowa child death state 8 mortality review team committee established in section 135.43 9 and the Iowa domestic abuse death review team established in 10 section 135.109 . 11 p. r. Studying Study and making make recommendations for 12 treating and supervising adult and juvenile sex offenders in 13 institutions, community-based programs, and in the community, 14 in areas which include but are not limited to all of the 15 following: 16 (1) The effectiveness of electronically monitoring sex 17 offenders. 18 (2) The cost and effectiveness of special sentences 19 pursuant to chapter 903B . 20 (3) Risk assessment models created for sex offenders. 21 (4) Determining the best treatment programs available for 22 sex offenders and the efforts of Iowa and other states to 23 implement treatment programs. 24 (5) The efforts of Iowa and other states to prevent sex 25 abuse-related crimes including child sex abuse. 26 (6) Any other related issues the board deems necessary, 27 including but not limited to computer and internet sex-related 28 crimes, sex offender case management, best practices for sex 29 offender supervision, the sex offender registry, and the 30 effectiveness of safety zones. 31 q. s. Providing Provide expertise and advice to the 32 legislative services agency, the department of corrections, the 33 judicial branch, and others charged with formulating fiscal, 34 correctional, or minority impact statements. 35 -194- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 194/ 236
r. t. Reviewing Review data supplied by the department, the 1 department of management, the legislative services agency, the 2 Iowa supreme court, and other departments or agencies for the 3 purpose of determining the effectiveness and efficiency of the 4 collection of such data. 5 4. 2. The board department shall submit reports, in 6 accordance with section 216A.135 , to the governor and general 7 assembly regarding actions taken, issues studied, and board 8 council recommendations. 9 Sec. 469. Section 216A.135, subsection 1, Code 2024, is 10 amended to read as follows: 11 1. The board department shall submit a three-year criminal 12 and juvenile justice plan for the state, beginning December 1, 13 2020, and every three years thereafter, by December 1. The 14 three-year plan shall be updated annually. Each three-year 15 plan and annual updates of the three-year plan shall be 16 submitted to the governor and the general assembly by December 17 1. 18 Sec. 470. Section 216A.137, subsection 1, Code 2024, is 19 amended to read as follows: 20 1. The department shall maintain an Iowa correctional 21 policy project for the purpose of conducting analyses of 22 major correctional issues affecting the criminal and juvenile 23 justice system. The board department shall identify and 24 prioritize the issues and studies to be addressed by the 25 department through this project and shall report project 26 plans and findings annually along with the report required 27 in section 216A.135 . Issues and studies to be considered by 28 the board shall include but are not limited to a review of the 29 information systems available to assess corrections trends 30 and program effectiveness, the development of an evaluation 31 plan for assessing the impact of corrections expenditures, 32 and a study of the desirability and feasibility of changing 33 the state’s sentencing practices, which includes a prison 34 population forecast. 35 -195- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 195/ 236
Sec. 471. REPEAL. Section 216A.132, Code 2024, is repealed. 1 DIVISION XVII 2 ELIMINATION OF IOWA COLLABORATION FOR YOUTH DEVELOPMENT COUNCIL 3 Sec. 472. Section 216A.140, Code 2024, is amended to read 4 as follows: 5 216A.140 Iowa collaboration for youth development council —— 6 state State of Iowa youth advisory council. 7 1. Definitions. For the purposes of this section , unless 8 the context otherwise requires: 9 a. “Youth” means children and young persons who are ages six 10 through twenty-one years. 11 b. “Youth advisory council” means the state of Iowa youth 12 advisory council created by this section . 13 c. “Youth development council” means the Iowa collaboration 14 for youth development council created by this section . 15 2. Collaboration council created. An Iowa collaboration for 16 youth development council is created as an alliance of state 17 agencies that address the needs of youth in Iowa. 18 3. Purpose. The purpose of the youth development council is 19 to improve the lives and futures of Iowa’s youth by doing all 20 of the following: 21 a. Adopting and applying positive youth development 22 principles and practices at the state and local levels. 23 b. Increasing the quality, efficiency, and effectiveness of 24 opportunities and services and other supports for youth. 25 c. Improving and coordinating state youth policy and 26 programs across state agencies. 27 4. Vision statement. All youth development activities 28 addressed by the youth development council shall be aligned 29 around the following vision statement: 30 “All Iowa youth will be safe, healthy, successful, and prepared 31 for adulthood.” 32 5. Membership. The youth development council membership 33 shall be determined by the council itself and shall include the 34 directors or chief administrators, or their designees, from the 35 -196- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 196/ 236
following state agencies and programs: 1 a. Child advocacy board. 2 b. Department of education. 3 c. Department of health and human services. 4 d. Department of workforce development. 5 e. Office of drug control policy. 6 f. Iowa cooperative extension service in agriculture and 7 home economics. 8 6. Procedure. Except as otherwise provided by law, the 9 youth development council shall determine its own rules of 10 procedure and operating policies, including but not limited 11 to terms of members. The youth development council may form 12 committees or subgroups as necessary to achieve its purpose. 13 7. Duties. The youth development council’s duties shall 14 include but are not limited to all of the following: 15 a. Study, explore, and plan for the best approach to 16 structure and formalize the functions and activities of the 17 youth development council to meet its purpose, and make formal 18 recommendations for improvement to the governor and general 19 assembly. 20 b. Review indicator data and identify barriers to youth 21 success and develop strategies to address the barriers. 22 c. Coordinate across agencies the state policy priorities 23 for youth. 24 d. Strengthen partnerships with the nonprofit and private 25 sectors to gather input, build consensus, and maximize use of 26 existing resources and leverage new resources to improve the 27 lives of youth and their families. 28 e. Oversee the activities of the youth advisory council. 29 f. Seek input from and engage the youth advisory council 30 in the development of more effective policies, practices, and 31 programs to improve the lives and futures of youth. 32 g. Report annually by February 1 to the governor and general 33 assembly. 34 8. 2. State of Iowa youth advisory council. A state of 35 -197- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 197/ 236
Iowa youth advisory council is created to provide input to the 1 governor, general assembly, and state and local policymakers on 2 youth issues. 3 a. The purpose of the youth advisory council is to foster 4 communication among a group of engaged youth and the governor, 5 general assembly, and state and local policymakers regarding 6 programs, policies, and practices affecting youth and families; 7 and to advocate for youth on important issues affecting youth ; 8 and to improve the lives and futures of Iowa’s youth . 9 b. The youth advisory council shall consist of no more than 10 twenty-one youth ages fourteen through twenty years who reside 11 in Iowa. Membership shall be for two-year staggered terms. 12 The director or the director’s designee shall select council 13 members using an application process. The director or the 14 director’s designee shall strive to maintain a diverse council 15 membership and shall take into consideration race, ethnicity, 16 disabilities, gender, and geographic location of residence of 17 the applicants. 18 c. Except as otherwise provided by law, the youth advisory 19 council shall determine its own rules of procedure and 20 operating policies, subject to approval by the director or the 21 director’s designee. 22 d. The youth advisory council shall meet at least quarterly. 23 do all of the following: 24 (1) Adopt and apply positive youth development principles 25 and practices at the state and local levels. 26 (2) Increase the quality, efficiency, and effectiveness of 27 opportunities and services and other supports for youth. 28 (3) Improve, coordinate, and prioritize state youth policy 29 and programs across state agencies. 30 (4) Align all policies around the vision that all Iowa youth 31 will be safe, healthy, successful, and prepared for adulthood. 32 (5) Review indicator data, identify barriers to youth 33 success, and develop strategies to address the barriers. 34 (6) Strengthen partnerships with the nonprofit and private 35 -198- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 198/ 236
sectors to gather input, build consensus, and maximize the use 1 of existing resources and leverage new resources to improve the 2 lives of youth and their families. 3 (7) Report annually by February 1 to the governor and the 4 general assembly. 5 9. 3. Lead agency. The lead agency for support of the Iowa 6 collaboration for youth development council and the state of 7 Iowa youth advisory council is the department. The department 8 shall coordinate activities and, with funding made available 9 to it for such purposes, provide staff support for the youth 10 development council and the youth advisory council. 11 DIVISION XVIII 12 ELIMINATION OF COMMISSIONS UNDER HUMAN RIGHTS BOARD 13 Sec. 473. Section 216A.1, subsection 1, paragraph a, Code 14 2024, is amended by striking the paragraph and inserting in 15 lieu thereof the following: 16 a. Community advocacy and services on behalf of 17 underrepresented populations in the state. 18 Sec. 474. Section 216A.3, Code 2024, is amended to read as 19 follows: 20 216A.3 Human rights board. 21 1. A human rights board is created within the department. 22 2. The board shall consist of sixteen twelve members, 23 including eleven seven voting members and five nonvoting 24 members , and determined as follows: 25 a. The voting members shall consist of nine seven voting 26 members selected by each of the permanent commissions within 27 the department, and two voting members, appointed by the 28 governor. For purposes of this paragraph “a” , “permanent 29 commissions” means the commission of Latino affairs, 30 commission on the status of women, commission of persons 31 with disabilities, commission on community action agencies, 32 commission of deaf services, justice advisory board, commission 33 on the status of African Americans, commission of Asian and 34 Pacific Islander affairs, and commission of Native American 35 -199- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 199/ 236
affairs who shall be appointed by the governor, subject to 1 confirmation by the senate pursuant to section 2.32, and shall 2 represent underrepresented populations in the state. All 3 voting members shall reside in the state . The term of office 4 for voting members is four years. 5 b. The nonvoting members shall consist of the department 6 director, two state representatives, one appointed by the 7 speaker of the house of representatives and one by the minority 8 leader of the house of representatives, and two state senators, 9 one appointed by the majority leader of the senate and one by 10 the minority leader of the senate. 11 3. A majority of the voting members of the board shall 12 constitute a quorum, and the affirmative vote of two-thirds of 13 the voting members present is necessary for any substantive 14 action taken by the board. The board shall select a 15 chairperson from the voting members of the board. The board 16 shall meet not less than four times a year. 17 4. The board shall develop do all of the following: 18 a. Develop and monitor implementation of a comprehensive 19 strategic plan to remove barriers for underrepresented 20 populations or groups and, in doing so, to increase Iowa’s 21 productivity and inclusivity, including performance measures 22 and benchmarks. 23 b. Study the opportunities for and changing needs of the 24 underrepresented populations or groups in the state. 25 c. Serve as a liaison between the department and the public, 26 sharing information and gathering constituency input. 27 d. Recommend to the department the adoption of rules 28 pursuant to chapter 17A as the board deems necessary. 29 e. Recommend legislative and executive action to the 30 governor and general assembly to advance the interests of 31 underrepresented populations or groups and to improve the 32 status of low-income persons in the state. 33 f. Establish advisory committees, work groups, or other 34 coalitions as appropriate. 35 -200- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 200/ 236
g. Advance the interests of underrepresented populations 1 or groups in the areas of human rights, access to justice, 2 economic equality, and the elimination of discrimination. 3 Sec. 475. Section 216A.4, Code 2024, is amended to read as 4 follows: 5 216A.4 Definitions. 6 For purposes of this chapter , unless the context otherwise 7 requires: 8 1. “Asian or Pacific Islander” means an individual from any 9 of the countries of Asia or islands of the Pacific. 10 1. 2. “Board” means the human rights board. 11 2. 3. “Department” means the department of health and human 12 services. 13 3. 4. “Director” means the director of health and human 14 services. 15 5. “Tribal government” means the governing body of a 16 federally recognized Indian tribe. 17 4. 6. “Underrepresented” means the historical 18 marginalization of populations or groups in the United States 19 and Iowa, including but not limited to African Americans, Asian 20 and Pacific Islanders, persons who are deaf or hard of hearing, 21 persons with disabilities, Latinos, Native Americans, women, 22 persons who have low socioeconomic status, at-risk youth, and 23 adults or juveniles with a criminal history. 24 COMMISSION AND OFFICE OF LATINO AFFAIRS ELIMINATION 25 Sec. 476. REPEAL. Sections 216A.11, 216A.12, 216A.13, 26 216A.14, and 216A.15, Code 2024, are repealed. 27 COMMISSION AND OFFICE ON THE STATUS OF WOMEN ELIMINATION 28 Sec. 477. Section 241.3, subsection 2, Code 2024, is amended 29 to read as follows: 30 2. The department shall consult and cooperate with the 31 department of workforce development, the United States 32 commissioner of social security administration, the office 33 on the status of women of the department, the department of 34 education, and other persons in the executive branch of the 35 -201- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 201/ 236
state government as the department considers appropriate to 1 facilitate the coordination of multipurpose service programs 2 established under this chapter with existing programs of a 3 similar nature. 4 Sec. 478. REPEAL. Sections 216A.51, 216A.52, 216A.53, and 5 216A.54, Code 2024, are repealed. 6 COMMISSION AND OFFICE ON PERSONS WITH DISABILITIES ELIMINATION 7 Sec. 479. REPEAL. Sections 216A.71, 216A.72, 216A.74, and 8 216A.75, Code 2024, are repealed. 9 COMBINING OF DEAF SERVICES COMMISSION AND DUAL PARTY RELAY 10 COUNCIL 11 Sec. 480. Section 216A.111, subsection 2, Code 2024, is 12 amended by striking the subsection. 13 Sec. 481. Section 216A.113, Code 2024, is amended to read 14 as follows: 15 216A.113 Deaf services commission established. 16 1. The commission of deaf services is established, and shall 17 consist of seven voting members appointed by the governor , 18 subject to confirmation by the senate pursuant to section 19 2.32 . Membership of the commission shall include at least four 20 members who are deaf and at least one member who is or hard of 21 hearing , and three members who are representatives of telephone 22 companies . The commission shall also include the director, or 23 the director’s designee, as a nonvoting member. All members 24 shall reside in Iowa. 25 2. Members Voting members of the commission shall serve 26 four-year staggered terms which shall begin and end pursuant to 27 section 69.19 . Members Voting members whose terms expire may 28 be reappointed. Vacancies on the commission may be filled for 29 the remainder of the term in the same manner as the original 30 appointment. Members Voting members shall receive actual 31 expenses incurred while serving in their official capacity, 32 subject to statutory limits. Members Voting members may also 33 be eligible to receive compensation as provided in section 34 7E.6 . 35 -202- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 202/ 236
3. Members The voting members of the commission shall 1 appoint a chairperson and vice chairperson and other officers 2 as the commission deems necessary. The commission shall 3 meet at least quarterly during each fiscal year. A majority 4 of the voting members currently appointed to the commission 5 shall constitute a quorum. A quorum shall be required for the 6 conduct of business of the commission, and the affirmative vote 7 of a majority of the currently appointed voting members is 8 necessary for any substantive action taken by the commission. 9 A voting member shall not vote on any action if the voting 10 member has a conflict of interest on the matter, and a 11 statement by the voting member of a conflict of interest shall 12 be conclusive for this purpose. 13 Sec. 482. Section 216A.114, Code 2024, is amended to read 14 as follows: 15 216A.114 Commission powers and duties. 16 The commission shall have the following powers and duties: 17 1. Study the changing needs and opportunities for the deaf 18 and hard-of-hearing people in this state. 19 2. Serve as a liaison between the office department and the 20 public, sharing information and gathering constituency input. 21 3. Recommend to the board for adoption rules pursuant 22 to chapter 17A as it deems necessary for the commission and 23 office. 24 4. Recommend legislative and executive action to the 25 governor and general assembly. 26 5. Establish advisory committees, work groups, or other 27 coalitions as appropriate. 28 6. Advise the utilities board on the planning, 29 establishment, administration, and promotion of a statewide 30 program to provide dual party relay service and to secure, 31 finance, and distribute telecommunications devices for the deaf 32 and hard of hearing pursuant to chapter 477C. 33 Sec. 483. Section 477C.2, Code 2024, is amended to read as 34 follows: 35 -203- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 203/ 236
477C.2 Definitions. 1 As used in this chapter , unless the context otherwise 2 requires: 3 1. “Board” means the utilities board created in section 4 474.1 . 5 2. “Commission” means the commission on deaf services 6 created in section 216A.113. 7 2. 3. “Communication disorder” means the inability to use 8 the telephone for communication without a telecommunications 9 device for the deaf and hard of hearing. 10 3. “Council” means the dual party relay council established 11 in section 477C.5 . 12 4. “Dual party relay service” or “relay service” means a 13 communication service which provides persons with communication 14 disorders access to the telephone system functionally 15 equivalent to the access available to persons without 16 communication disorders. 17 5. “Telecommunications device for the deaf and hard of 18 hearing” means any specialized or supplemental telephone 19 equipment used by persons with communication disorders to 20 provide access to the telephone system. 21 Sec. 484. Section 477C.3, unnumbered paragraph 1, Code 22 2024, is amended to read as follows: 23 With the advice of the council commission , the board shall 24 plan, establish, administer, and promote a statewide program to 25 provide dual party relay service as follows: 26 Sec. 485. Section 477C.4, Code 2024, is amended to read as 27 follows: 28 477C.4 Telecommunications devices for the deaf and hard of 29 hearing. 30 With the advice of the council commission , the board may 31 plan, establish, administer, and promote a program to secure, 32 finance, and distribute telecommunications devices for the 33 deaf and hard of hearing. The board may establish eligibility 34 criteria for persons to receive telecommunications devices 35 -204- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 204/ 236
for the deaf and hard of hearing, including but not limited 1 to requiring certification that the recipient cannot use the 2 telephone for communication without a telecommunications device 3 for the deaf and hard of hearing. 4 Sec. 486. Section 477C.5, subsection 2, paragraph c, Code 5 2024, is amended by striking the paragraph. 6 Sec. 487. Section 622B.4, Code 2024, is amended to read as 7 follows: 8 622B.4 List. 9 The office of deaf services of the department of health and 10 human services shall prepare and continually update a listing 11 of qualified and available sign language interpreters. The 12 courts and administrative agencies shall maintain a directory 13 of qualified interpreters for deaf and hard-of-hearing 14 persons as furnished by the department of health and human 15 services. The office of deaf services of the department 16 of health and human services shall maintain a list of sign 17 language interpreters which shall be made available to a court, 18 administrative agency, or interested parties to an action using 19 the services of a sign language interpreter. 20 Sec. 488. REPEAL. Sections 216A.112 and 477C.5, Code 2024, 21 are repealed. 22 COMMISSION AND OFFICE ON STATUS OF AFRICAN AMERICANS 23 ELIMINATION 24 Sec. 489. REPEAL. Sections 216A.141, 216A.142, 216A.143, 25 and 216A.146, Code 2024, are repealed. 26 COMMISSION AND OFFICE ON ASIAN AND PACIFIC ISLANDERS 27 ELIMINATION 28 Sec. 490. REPEAL. Sections 216A.151, 216A.152, 216A.153, 29 and 216A.154, Code 2024, are repealed. 30 COMMISSION AND OFFICE OF NATIVE AMERICAN AFFAIRS ELIMINATION 31 Sec. 491. Section 216A.167, Code 2024, is amended to read 32 as follows: 33 216A.167 Limitations on authority. 34 1. The commission board and office department shall not have 35 -205- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 205/ 236
the authority to do any of the following: 1 a. Implement or administer the duties of the state of Iowa 2 under the federal Indian Gaming Regulatory Act, shall not have 3 any authority to recommend, negotiate, administer, or enforce 4 any agreement or compact entered into between the state of Iowa 5 and Indian tribes located in the state pursuant to section 6 10A.104 , and shall not have any authority relative to Indian 7 gaming issues. 8 b. Administer the duties of the state under the federal 9 National Historic Preservation Act, the federal Native American 10 Graves Protection and Repatriation Act, and chapter 263B . The 11 commission board shall also not interfere with the advisory 12 role of a separate Indian advisory council or committee 13 established by the state archeologist by rule for the purpose 14 of consultation on matters related to ancient human skeletal 15 remains and associated artifacts. 16 2. This subchapter shall not diminish or inhibit the right 17 of any tribal government to interact directly with the state 18 or any of its departments or agencies for any purpose which a 19 tribal government desires to conduct its business or affairs as 20 a sovereign governmental entity. 21 Sec. 492. REPEAL. Sections 216A.161, 216A.162, 216A.163, 22 216A.165, and 216A.166, Code 2024, are repealed. 23 COMMUNITY ACTION AGENCY COMMISSION ELIMINATION 24 Sec. 493. Section 216A.91, Code 2024, is amended to read as 25 follows: 26 216A.91 Definitions. 27 For purposes of this subchapter , unless the context 28 otherwise requires: 29 1. “Commission” means the commission on community action 30 agencies. 31 2. 1. “Community action agency” means a public agency 32 or a private nonprofit agency which is authorized under its 33 charter or bylaws to receive funds to administer community 34 action programs and is designated by the governor to receive 35 -206- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 206/ 236
and administer the funds. 1 3. 2. “Community action program” means a program conducted 2 by a community action agency which includes projects to provide 3 a range of services to improve the conditions of poverty in the 4 area served by the community action agency. 5 Sec. 494. Section 216A.93, Code 2024, is amended to read as 6 follows: 7 216A.93 Establishment of community action agencies. 8 The department shall recognize and assist in the designation 9 of certain community action agencies to assist in the delivery 10 of community action programs. These programs shall include but 11 not be limited to outreach, community services block grant, 12 low-income energy assistance, and weatherization programs. If 13 a community action agency is in effect and currently serving an 14 area, that community action agency shall become the designated 15 community action agency for that area. If any geographic area 16 of the state ceases to be served by a designated community 17 action agency, the department may solicit applications and 18 assist the governor in designating a community action agency 19 for that area in accordance with current community services 20 block grant requirements. The department shall supervise the 21 collection of data regarding the scope of services provided by 22 the community action agencies. 23 Sec. 495. Section 541A.1, Code 2024, is amended to read as 24 follows: 25 541A.1 Definitions. 26 For the purposes of this chapter , unless the context 27 otherwise requires: 28 1. “Account holder” means an individual who is the owner of 29 an individual development account. 30 2. “Charitable contributor” means a nonprofit association 31 described in section 501(c)(3) of the Internal Revenue Code 32 which makes a deposit to an individual development account 33 and which is exempt from taxation under section 501(a) of the 34 Internal Revenue Code. 35 -207- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 207/ 236
3. “Commission” means the commission on community action 1 agencies created in section 216A.92A . 2 4. 3. “Department” means the department of health and human 3 services. 4 5. 4. “Director” means the director of health and human 5 services. 6 6. 5. “Federal poverty level” means the first poverty 7 income guidelines published in the calendar year by the United 8 States department of health and human services. 9 7. 6. “Financial institution” means a financial institution 10 approved by the director as an investment mechanism for 11 individual development accounts. 12 8. 7. “Household income” means the annual household 13 income of an account holder or prospective account holder, as 14 determined in accordance with rules adopted by the director. 15 9. 8. “Individual contributor” means an individual who 16 makes a deposit to an individual development account and is not 17 the account holder or a charitable contributor. 18 10. 9. “Individual development account” means either of the 19 following: 20 a. A financial instrument that is certified to have the 21 characteristics described in section 541A.2 by the operating 22 organization. 23 b. A financial instrument that is certified by the 24 operating organization to have the characteristics described 25 in and funded by a federal individual development account 26 program under which federal and state funding contributed to 27 match account holder deposits is deposited by an operating 28 organization in accordance with federal law and regulations, 29 and which includes but is not limited to any of the programs 30 implemented under the following federal laws: 31 (1) The federal Personal Responsibility and Work 32 Opportunity Act of 1996, 42 U.S.C. §604(h). 33 (2) The federal Assets for Independence Act, Pub. L. No. 34 105-285, Tit. IV. 35 -208- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 208/ 236
11. 10. “Operating organization” means an agency selected 1 by the department for involvement in operating individual 2 development accounts directed to a specific target population. 3 12. 11. “Source of principal” means any of the sources of 4 a deposit to an individual development account under section 5 541A.2, subsection 2 . 6 Sec. 496. Section 541A.5, subsections 1 and 2, Code 2024, 7 are amended to read as follows: 8 1. The commission department , in consultation with 9 the department of administrative services, shall adopt 10 administrative rules to administer this chapter . 11 2. a. The rules adopted by the commission department 12 shall include but are not limited to provision for transfer 13 of an individual development account to a different financial 14 institution than originally approved by the department, if 15 the different financial institution has an agreement with the 16 account’s operating organization. 17 b. The rules for determining household income may provide 18 categorical eligibility for prospective account holders who are 19 enrolled in programs with income eligibility restrictions that 20 are equal to or less than the maximum household income allowed 21 for payment of a state match under section 541A.3 . 22 c. Subject to the availability of funding, the commission 23 department may adopt rules implementing an individual 24 development account program for refugees. Rules shall identify 25 purposes authorized for withdrawals to meet the special needs 26 of refugee families. 27 Sec. 497. Section 541A.6, Code 2024, is amended to read as 28 follows: 29 541A.6 Compliance with federal requirements. 30 The commission department shall adopt rules for compliance 31 with federal individual development account requirements under 32 the federal Personal Responsibility and Work Opportunity 33 Reconciliation Act of 1996, §103, as codified in 42 U.S.C. 34 §604(h), under the federal Assets for Independence Act, Pub. 35 -209- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 209/ 236
L. No. 105-285, Tit. IV, or with any other federal individual 1 development account program requirements for drawing federal 2 funding. Any rules adopted under this section shall not apply 3 the federal individual development account program requirements 4 to an operating organization which does not utilize federal 5 funding for the accounts with which it is connected or to an 6 account holder who does not receive temporary assistance for 7 needy families block grant or other federal funding. 8 Sec. 498. REPEAL. Sections 216A.92A and 216A.92B, Code 9 2024, are repealed. 10 ELIMINATION OF FAMILY DEVELOPMENT AND SELF-SUFFICIENCY COUNCIL 11 Sec. 499. Section 216A.107, Code 2024, is amended to read 12 as follows: 13 216A.107 Family development and self-sufficiency —— council 14 and grant program. 15 1. A family development and self-sufficiency council is 16 established within the department. The council shall consist 17 of the following persons: 18 a. The director of the department or the director’s 19 designee. 20 b. The director of the school of social work at the 21 university of Iowa or the director’s designee. 22 c. The dean of the college of human sciences at Iowa state 23 university or the dean’s designee. 24 d. Two recipients or former recipients of the family 25 investment program, selected by the other members of the 26 council. 27 e. One recipient or former recipient of the family 28 investment program who is a member of a racial or ethnic 29 minority, selected by the other members of the council. 30 f. One member representing providers of services to victims 31 of domestic violence, selected by the other members of the 32 council. 33 g. The head of the department of design, textiles, 34 gerontology, and family studies at the university of northern 35 -210- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 210/ 236
Iowa or that person’s designee. 1 h. The director of the department of education or the 2 director’s designee. 3 i. The director of the department of workforce development 4 or the director’s designee. 5 j. Two persons representing the business community, selected 6 by the other members of the council. 7 k. Two members from each chamber of the general assembly 8 serving as ex officio, nonvoting members. The two members 9 of the senate shall be appointed one each by the majority 10 leader and the minority leader of the senate. The two 11 members of the house of representatives shall be appointed one 12 each by the speaker and the minority leader of the house of 13 representatives. 14 2. Unless otherwise provided by law, terms of members, 15 election of officers, and other procedural matters shall be 16 as determined by the council. A quorum shall be required for 17 the conduct of business of the council, and the affirmative 18 vote of a majority of the currently appointed voting members 19 is necessary for any substantive action taken by the council. 20 A member shall not vote on any action if the member has a 21 conflict of interest on the matter, and a statement by the 22 member of a conflict of interest shall be conclusive for this 23 purpose. 24 3. 1. The family development and self-sufficiency council 25 on health and human services shall do all of the following: 26 a. Identify the factors and conditions that place Iowa 27 families at risk of dependency upon the family investment 28 program. The council shall seek to use relevant research 29 findings and national and Iowa-specific data on the family 30 investment program. 31 b. Identify the factors and conditions that place Iowa 32 families at risk of family instability. The council shall 33 seek to use relevant research findings and national and 34 Iowa-specific data on family stability issues. 35 -211- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 211/ 236
c. Subject to the availability of funds for this 1 purpose, award grants to public or private organizations 2 for provision of family development services to families at 3 risk of dependency on the family investment program or of 4 family instability. Not more than five percent of any funds 5 appropriated by the general assembly for the purposes of this 6 lettered paragraph may be used for staffing and administration 7 of the grants. Grant proposals for the family development and 8 self-sufficiency grant program shall include the following 9 elements: 10 (1) Designation of families to be served that meet one or 11 more criteria for being at risk of dependency on the family 12 investment program or of family instability, and agreement 13 to serve clients that are referred by the department from 14 the family investment program which meet the criteria. The 15 criteria may include but are not limited to factors such as 16 educational level, work history, family structure, age of the 17 youngest child in the family, previous length of stay on the 18 family investment program, and participation in the family 19 investment program or the foster care program while the head of 20 a household was a child. Grant proposals shall also establish 21 the number of families to be served under the grant. 22 (2) Designation of the services to be provided for 23 the families served, including assistance regarding 24 job-seeking skills, family budgeting, nutrition, self-esteem, 25 methamphetamine education, health and hygiene, child rearing, 26 child education preparation, and goal setting. Grant proposals 27 shall indicate the support groups and support systems to be 28 developed for the families served during the transition between 29 the need for assistance and self-sufficiency. 30 (3) Designation of the manner in which other needs of the 31 families will be provided for, including but not limited to 32 child care assistance, transportation, substance use disorder 33 treatment, support group counseling, food, clothing, and 34 housing. 35 -212- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 212/ 236
(4) Designation of the process for training of the staff 1 which provides services, and the appropriateness of the 2 training for the purposes of meeting family development and 3 self-sufficiency goals of the families being served. 4 (5) Designation of the support available within the 5 community for the program and for meeting subsequent needs of 6 the clients, and the manner in which community resources will 7 be made available to the families being served. 8 (6) Designation of the manner in which the program will be 9 subject to audit and to evaluation. 10 (7) Designation of agreement provisions for tracking and 11 reporting performance measures developed pursuant to paragraph 12 “d” . 13 d. Develop appropriate performance measures for the grant 14 program to demonstrate how the program helps families achieve 15 self-sufficiency. 16 e. Seek to enlist research support from the Iowa research 17 community in meeting the duties outlined in paragraphs “a” 18 through “d” . 19 f. Seek additional support for the funding of grants under 20 the program, including but not limited to funds available 21 through the federal government in serving families at risk of 22 long-term welfare dependency, and private foundation grants. 23 g. Make recommendations to the governor and the general 24 assembly on the effectiveness of programs in Iowa and 25 throughout the country that provide family development services 26 that lead to self-sufficiency for families at risk of welfare 27 dependency. 28 4. 2. a. The department shall administer the family 29 development and self-sufficiency grant program. 30 b. To the extent that the family development and 31 self-sufficiency grant program is funded by the federal 32 temporary assistance for needy families block grant and by the 33 state maintenance of efforts funds appropriated in connection 34 with the block grant, the department shall comply with all 35 -213- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 213/ 236
federal requirements for the block grant. The department is 1 responsible for payment of any federal penalty imposed that is 2 attributable to the grant program and shall receive any federal 3 bonus payment attributable to the grant program. 4 c. The department shall ensure that expenditures of moneys 5 appropriated to the department from the general fund of the 6 state for the family development and self-sufficiency grant 7 program are eligible to be considered as state maintenance of 8 effort expenditures under federal temporary assistance for 9 needy families block grant requirements. 10 d. The department shall consider the recommendations of 11 the council on health and human services in adopting rules 12 pertaining to the grant program. 13 e. The department shall submit to the governor and general 14 assembly on or before November 30 following the end of each 15 state fiscal year, a report detailing performance measure 16 and outcome data evaluating the family development and 17 self-sufficiency grant program for the fiscal year that just 18 ended. 19 DIVISION XIX 20 HAWKI BOARD AND ADVISORY COMMITTEE FOR CHILDREN WITH SPECIAL 21 HEALTH CARE NEEDS ELIMINATION 22 Sec. 500. Section 249A.4B, subsection 2, paragraph b, Code 23 2024, is amended to read as follows: 24 b. The council shall include all of the following nonvoting 25 members: 26 (1) The director’s designee responsible for public health 27 or their designee. 28 (2) The long-term care ombudsman, or the long-term care 29 ombudsman’s designee. 30 (3) The dean of Des Moines university college of osteopathic 31 medicine, or the dean’s designee. 32 (4) The dean of the university of Iowa college of medicine, 33 or the dean’s designee. 34 (5) A member of the Hawki board created in section 514I.5 , 35 -214- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 214/ 236
selected by the members of the Hawki board. 1 (6) (5) The following members of the general assembly, each 2 for a term of two years as provided in section 69.16B : 3 (a) Two members of the house of representatives, one 4 appointed by the speaker of the house of representatives 5 and one appointed by the minority leader of the house of 6 representatives from their respective parties. 7 (b) Two members of the senate, one appointed by the 8 president of the senate after consultation with the majority 9 leader of the senate and one appointed by the minority leader 10 of the senate. 11 Sec. 501. Section 514I.1, subsection 2, Code 2024, is 12 amended to read as follows: 13 2. It is the intent of the general assembly that the program 14 be implemented and administered in compliance with Tit. XXI 15 of the federal Social Security Act. If, as a condition of 16 receiving federal funds for the program, federal law requires 17 implementation and administration of the program in a manner 18 not provided in this chapter , during a period when the general 19 assembly is not in session, the department, with the approval 20 of the Hawki board medical assistance advisory council , shall 21 proceed to implement and administer those provisions, subject 22 to review by the next regular session of the general assembly. 23 Sec. 502. Section 514I.2, Code 2024, is amended to read as 24 follows: 25 514I.2 Definitions. 26 As used in this chapter , unless the context otherwise 27 requires: 28 1. “Benchmark benefit package” means any of the following: 29 a. The standard blue cross/blue shield preferred provider 30 option service benefit plan, described in and offered under 5 31 U.S.C. §8903(1). 32 b. A health benefits coverage plan that is offered and 33 generally available to state employees in this state. 34 c. The plan of a health maintenance organization as defined 35 -215- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 215/ 236
in 42 U.S.C. §300e, with the largest insured commercial, 1 nonmedical assistance enrollment of covered lives in the state. 2 2. “Cost sharing” means the payment of a premium or 3 copayment as provided for by Tit. XXI of the federal Social 4 Security Act and section 514I.10 . 5 3. “Department” means the department of health and human 6 services. 7 4. “Director” means the director of health and human 8 services. 9 5. “Eligible child” means an individual who meets the 10 criteria for participation in the program under section 514I.8 . 11 6. “Hawki board” or “board” means the entity which adopts 12 rules and establishes policy for, and directs the department 13 regarding, the Hawki program. 14 7. 6. “Hawki program” or “program” means the healthy and 15 well kids in Iowa program created in this chapter to provide 16 health insurance coverage to eligible children. 17 8. 7. “Health insurance coverage” means health insurance 18 coverage as defined in 42 U.S.C. §300gg-91. 19 8. “Medical assistance advisory council” or “advisory 20 council” means the medical assistance advisory council created 21 in section 249A.4B. 22 9. “Participating insurer” means any of the following: 23 a. An entity licensed by the division of insurance 24 of the department of insurance and financial services to 25 provide health insurance in Iowa that has contracted with the 26 department to provide health insurance coverage to eligible 27 children under this chapter . 28 b. A managed care organization acting pursuant to a contract 29 with the department to administer the Hawki program. 30 10. “Qualified child health plan” or “plan” means health 31 insurance coverage provided by a participating insurer under 32 this chapter . 33 Sec. 503. Section 514I.4, Code 2024, is amended to read as 34 follows: 35 -216- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 216/ 236
514I.4 Director and department —— duties —— powers. 1 1. The director, with the approval of the Hawki board 2 medical assistance advisory council , shall implement this 3 chapter . The director shall do all of the following: 4 a. At least every six months, evaluate the scope of the 5 program currently being provided under this chapter , project 6 the probable cost of continuing the program, and compare 7 the probable cost with the remaining balance of the state 8 appropriation made for payment of assistance under this chapter 9 during the current appropriation period. The director shall 10 report the findings of the evaluation to the board advisory 11 council and shall annually report findings to the governor and 12 the general assembly by January 1. 13 b. Establish premiums to be paid to participating insurers 14 for provision of health insurance coverage. 15 c. Contract with participating insurers to provide health 16 insurance coverage under this chapter . 17 d. Recommend to the board advisory council proposed rules 18 necessary to implement the program. 19 e. Recommend to the board individuals to serve as members of 20 the clinical advisory committee. 21 2. a. The director, with the approval of the board advisory 22 council , may contract with participating insurers to provide 23 dental-only services. 24 b. The director, with the approval of the board advisory 25 council , may contract with participating insurers to provide 26 the supplemental dental-only coverage to otherwise eligible 27 children who have private health care coverage as specified in 28 the federal Children’s Health Insurance Program Reauthorization 29 Act of 2009, Pub. L. No. 111-3. 30 3. The department may enter into contracts with other 31 persons whereby the other person provides some or all of the 32 functions, pursuant to rules adopted by the board advisory 33 council , which are required of the director or the department 34 under this section . All contracts entered into pursuant to 35 -217- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 217/ 236
this section shall be made available to the public. 1 4. The department shall do or shall provide for all of the 2 following: 3 a. Determine eligibility for program enrollment as 4 prescribed by federal law and regulation, using policies and 5 procedures adopted by rule of the department pursuant to 6 chapter 17A . The department shall not enroll a child who has 7 group health coverage unless expressly authorized by such 8 rules. 9 b. Enroll qualifying children in the program with 10 maintenance of a supporting eligibility file or database. 11 c. Utilize the department’s eligibility system to maintain 12 eligibility files with pertinent eligibility determination and 13 ongoing enrollment information including but not limited to 14 data regarding beneficiaries, enrollment dates, disenrollments, 15 and annual financial redeterminations. 16 d. Provide for administrative oversight and monitoring of 17 federal requirements. 18 e. Perform annual financial reviews of eligibility for each 19 beneficiary. 20 f. Collect and track monthly family premiums to assure that 21 payments are current. 22 g. Notify each participating insurer of new program 23 enrollees who are enrolled by the department in that 24 participating insurer’s plan. 25 h. Verify the number of program enrollees with each 26 participating insurer for determination of the amount of 27 premiums to be paid to each participating insurer. 28 i. Maintain data for the purpose of quality assurance 29 reports as required by rule of the board advisory council . 30 j. (1) Establish the family cost sharing amounts for 31 children of families with incomes of one hundred fifty percent 32 or more but not exceeding two hundred percent of the federal 33 poverty level, of not less than ten dollars per individual 34 and twenty dollars per family, if not otherwise prohibited by 35 -218- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 218/ 236
federal law, with the approval of the board advisory council . 1 (2) Establish for children of families with incomes 2 exceeding two hundred percent but not exceeding three hundred 3 percent of the federal poverty level, family cost sharing 4 amounts, and graduated premiums based on a rationally developed 5 sliding fee schedule, in accordance with federal law, with the 6 approval of the board advisory council . 7 k. Perform annual, random reviews of enrollee applications 8 to ensure compliance with program eligibility and enrollment 9 policies. Quality assurance reports shall be made to the 10 board advisory council based upon the data maintained by the 11 department. 12 l. Perform other duties as determined by the board advisory 13 council . 14 Sec. 504. Section 514I.5, Code 2024, is amended to read as 15 follows: 16 514I.5 Hawki board Medical assistance advisory council —— 17 duties . 18 1. A Hawki board for the Hawki program is established. The 19 board shall meet not less than six and not more than twelve 20 times annually, for the purposes of establishing medical 21 assistance advisory council shall establish policy for, 22 directing direct the department on, and adopting adopt rules 23 for the Hawki program. The board shall consist of seven voting 24 members and four ex officio, nonvoting members, including all 25 of the following: 26 a. The commissioner of insurance, or the commissioner’s 27 designee. 28 b. The director of the department of education, or the 29 director’s designee. 30 c. The director of health and human services, or the 31 director’s designee. 32 d. Four public members appointed by the governor and 33 subject to confirmation by the senate. The public members 34 shall be members of the general public who have experience, 35 -219- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 219/ 236
knowledge, or expertise in the subject matter embraced within 1 this chapter . 2 e. Two members of the senate and two members of the house of 3 representatives, serving as ex officio, nonvoting members. The 4 legislative members of the board shall be appointed one each 5 by the majority leader of the senate, after consultation with 6 the president of the senate, and by the minority leader of the 7 senate, and by the speaker of the house of representatives, 8 after consultation with the majority leader of the house of 9 representatives, and by the minority leader of the house 10 of representatives. Legislative members shall receive 11 compensation pursuant to section 2.12 . 12 2. Members appointed by the governor shall serve two-year 13 staggered terms as designated by the governor, and legislative 14 members of the board shall serve two-year terms. The filling 15 of positions reserved for the public representatives, 16 vacancies, membership terms, payment of compensation and 17 expenses, and removal of the members are governed by chapter 18 69 . Members of the board are entitled to receive reimbursement 19 of actual expenses incurred in the discharge of their duties. 20 Public members of the board are also eligible to receive 21 compensation as provided in section 7E.6 . A majority of the 22 voting members constitutes a quorum and the affirmative vote 23 of a majority of the voting members is necessary for any 24 substantive action to be taken by the board. The members 25 shall select a chairperson on an annual basis from among the 26 membership of the board. 27 3. 2. The board advisory council shall approve any contract 28 entered into pursuant to this chapter . All contracts entered 29 into pursuant to this chapter shall be made available to the 30 public. 31 4. The department shall act as support staff to the board. 32 5. The board may receive and accept grants, loans, or 33 advances of funds from any person and may receive and accept 34 from any source contributions of money, property, labor, or any 35 -220- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 220/ 236
other thing of value, to be held, used, and applied for the 1 purposes of the program. 2 6. 3. The Hawki board medical assistance advisory council 3 shall do all of the following: 4 a. Define, in consultation with the department, the regions 5 of the state for which plans are offered in a manner as to 6 ensure access to services for all children participating in the 7 program. 8 b. Approve the benefit package design, review the benefit 9 package design on a periodic basis, and make necessary changes 10 in the benefit design to reflect the results of the periodic 11 reviews. 12 c. Develop, with the assistance of the department, an 13 outreach plan, and provide for periodic assessment of the 14 effectiveness of the outreach plan. The plan shall provide 15 outreach to families of children likely to be eligible 16 for assistance under the program, to inform them of the 17 availability of and to assist the families in enrolling 18 children in the program. The outreach efforts may include, but 19 are not limited to, solicitation of cooperation from programs, 20 agencies, and other persons who are likely to have contact 21 with eligible children, including but not limited to those 22 associated with the educational system, and the development 23 of community plans for outreach and marketing. Other state 24 agencies shall assist the department in data collection related 25 to outreach efforts to potentially eligible children and their 26 families. 27 d. In consultation with the clinical advisory committee, 28 assess the initial health status of children participating in 29 the program, establish a baseline for comparison purposes, and 30 develop appropriate indicators to measure the subsequent health 31 status of children participating in the program. 32 e. Review, in consultation with the department, and take 33 necessary steps to improve interaction between the program and 34 other public and private programs which provide services to the 35 -221- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 221/ 236
population of eligible children. 1 f. By January 1, annually, prepare, with the assistance 2 of the department, and submit a report to the governor, the 3 general assembly, and the council on health and human services, 4 concerning the board’s advisory council’s activities, findings, 5 and recommendations. 6 g. Solicit input from the public regarding the program and 7 related issues and services. 8 h. Establish and consult with a clinical advisory committee 9 to make recommendations to the board regarding the clinical 10 aspects of the Hawki program. 11 i. Prescribe the elements to be included in a health 12 improvement program plan required to be developed by a 13 participating insurer. The elements shall include but are not 14 limited to health maintenance and prevention and health risk 15 assessment. 16 j. Establish an advisory committee to make Make 17 recommendations to the board and to the general assembly 18 by January 1 annually concerning the provision of health 19 insurance coverage to children with special health care needs. 20 The committee shall include individuals with experience in, 21 knowledge of, or expertise in this area. The recommendations 22 shall address, but are not limited to, all of the following: 23 (1) The definition of the target population of children 24 with special health care needs for the purposes of determining 25 eligibility under the program. 26 (2) Eligibility options for and assessment of children with 27 special health care needs for eligibility. 28 (3) Benefit options for children with special health care 29 needs. 30 (4) Options for enrollment of children with special health 31 care needs in and disenrollment of children with special health 32 care needs from qualified child health plans utilizing a 33 capitated fee form of payment. 34 (5) The appropriateness and quality of care for children 35 -222- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 222/ 236
with special health care needs. 1 (6) The coordination of health services provided for 2 children with special health care needs under the program with 3 services provided by other publicly funded programs. 4 k. Develop options and recommendations to allow children 5 eligible for the Hawki program to participate in qualified 6 employer-sponsored health plans through a premium assistance 7 program. The options and recommendations shall ensure 8 reasonable alignment between the benefits and costs of 9 the Hawki program and the employer-sponsored health plans 10 consistent with federal law. In addition, the board advisory 11 council shall implement the premium assistance program options 12 described under the federal Children’s Health Insurance Program 13 Reauthorization Act of 2009, Pub. L. No. 111-3, for the Hawki 14 program. 15 7. 4. The Hawki board medical assistance advisory council , 16 in consultation with the department, shall adopt rules 17 which address, but are not limited to addressing, all of the 18 following: 19 a. Implementation and administration of the program. 20 b. Qualifying standards for selecting participating insurers 21 for the program. 22 c. The benefits to be included in a qualified child health 23 plan which are those included in a benchmark or benchmark 24 equivalent plan and which comply with Tit. XXI of the federal 25 Social Security Act. Benefits covered shall include but are 26 not limited to all of the following: 27 (1) Inpatient hospital services including medical, 28 surgical, intensive care unit, mental health, and substance use 29 disorder services. 30 (2) Nursing care services including skilled nursing 31 facility services. 32 (3) Outpatient hospital services including emergency room, 33 surgery, lab, and x-ray services and other services. 34 (4) Physician services, including surgical and medical, and 35 -223- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 223/ 236
including office visits, newborn care, well-baby and well-child 1 care, immunizations, urgent care, specialist care, allergy 2 testing and treatment, mental health visits, and substance use 3 disorder visits. 4 (5) Ambulance services. 5 (6) Physical therapy. 6 (7) Speech therapy. 7 (8) Durable medical equipment. 8 (9) Home health care. 9 (10) Hospice services. 10 (11) Prescription drugs. 11 (12) Dental services including preventive services. 12 (13) Medically necessary hearing services. 13 (14) Vision services including corrective lenses. 14 (15) Translation and interpreter services as specified 15 pursuant to the federal Children’s Health Insurance Program 16 Reauthorization Act of 2009, Pub. L. No. 111-3. 17 (16) Chiropractic services. 18 (17) Occupational therapy. 19 d. Presumptive eligibility criteria for the program. 20 Beginning January 1, 2010, presumptive Presumptive eligibility 21 shall be provided for eligible children. 22 e. The amount of any cost sharing under the program which 23 shall be assessed based on family income and which complies 24 with federal law. 25 f. The reasons for disenrollment including, but not limited 26 to, nonpayment of premiums, eligibility for medical assistance 27 or other insurance coverage, admission to a public institution, 28 relocation from the area, and change in income. 29 g. Conflict of interest provisions applicable to 30 participating insurers and between public members of the board 31 advisory council and participating insurers. 32 h. Penalties for breach of contract or other violations of 33 requirements or provisions under the program. 34 i. A mechanism for participating insurers to report any 35 -224- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 224/ 236
rebates received to the department. 1 j. The data to be maintained by the department including 2 data to be collected for the purposes of quality assurance 3 reports. 4 k. The use of provider guidelines in assessing the 5 well-being of children, which may include the use of the bright 6 futures for infants, children, and adolescents program as 7 developed by the federal maternal and child health bureau and 8 the American academy of pediatrics guidelines for well-child 9 care. 10 8. 5. a. The Hawki board medical assistance advisory 11 council may provide approval to the director to contract with 12 participating insurers to provide dental-only services. In 13 determining whether to provide such approval to the director, 14 the board advisory council shall take into consideration the 15 impact on the overall program of single source contracting for 16 dental services. 17 b. The Hawki board medical assistance advisory council may 18 provide approval to the director to contract with participating 19 insurers to provide the supplemental dental-only coverage 20 to otherwise eligible children who have private health 21 care coverage as specified in the federal Children’s Health 22 Insurance Program Reauthorization Act of 2009, Pub. L. No. 23 111-3. 24 9. 6. The Hawki board medical assistance advisory 25 council shall monitor the capacity of Medicaid managed 26 care organizations acting pursuant to a contract with the 27 department to administer the Hawki program to specifically 28 and appropriately address the unique needs of children and 29 children’s health delivery. 30 Sec. 505. Section 514I.6, subsection 4, paragraph d, Code 31 2024, is amended to read as follows: 32 d. Other information as directed by the board advisory 33 council . 34 Sec. 506. Section 514I.6, subsection 5, Code 2024, is 35 -225- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 225/ 236
amended to read as follows: 1 5. Submit a plan for a health improvement program to the 2 department, for approval by the board advisory council . 3 Sec. 507. Section 514I.8, subsection 2, paragraph e, Code 4 2024, is amended to read as follows: 5 e. Is not currently covered under a group health plan as 6 defined in 42 U.S.C. §300gg-91(a)(1) unless allowed by rule of 7 the board advisory council . 8 Sec. 508. Section 514I.8, subsection 3, Code 2024, is 9 amended to read as follows: 10 3. In accordance with the rules adopted by the board 11 advisory council , a child may be determined to be presumptively 12 eligible for the program pending a final eligibility 13 determination. Following final determination of eligibility, 14 a child shall be eligible for a twelve-month period. At the 15 end of the twelve-month period, a review of the circumstances 16 of the child’s family shall be conducted to establish 17 eligibility and cost sharing for the subsequent twelve-month 18 period. Pending such review of the circumstances of the 19 child’s family, the child shall continue to be eligible for 20 and remain enrolled in the same plan if the family complies 21 with requirements to provide information and verification of 22 income, otherwise cooperates in the annual review process, 23 and submits the completed review form and any information 24 necessary to establish continued eligibility in a timely manner 25 in accordance with administrative rules. 26 Sec. 509. Section 514I.9, subsection 1, Code 2024, is 27 amended to read as follows: 28 1. The Hawki board advisory council shall review the 29 benefits package annually and shall determine additions to 30 or deletions from the benefits package offered. The Hawki 31 board advisory council shall submit the recommendations to the 32 general assembly for any amendment to the benefits package. 33 DIVISION XX 34 AUTISM COUNCIL ELIMINATION AND CREATION OF IOWA SPECIAL 35 -226- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 226/ 236
EDUCATION COUNCIL 1 Sec. 510. NEW SECTION . 256.35B Iowa special education 2 council. 3 1. An Iowa special education council is created to act in an 4 advisory capacity to the department in promoting, directing, 5 and supervising education for children requiring special 6 education in the schools under the supervision and control of 7 the department. 8 2. The council shall consist of seven voting members 9 appointed by the governor and confirmed by the senate. Each of 10 the following shall be represented among the voting members: 11 a. One member who is a parent or guardian of a student who 12 has a disability in obtaining an education because of autism. 13 b. One member who is a parent or guardian of a student 14 who has a disability in obtaining an education because of a 15 behavioral disorder. 16 c. One member who is a parent or guardian of a student who 17 has a disability in obtaining an education because of physical 18 disability. 19 d. One member who is a parent or guardian of a student who 20 has a disability in obtaining an education because of mental 21 learning disability or head injury. 22 e. One member who is a parent or guardian of a student 23 who has a disability in obtaining an education because of a 24 communication learning disability. 25 f. One member who is a parent or guardian of a student who 26 has a disability in obtaining an education because of dyslexia. 27 g. One member who is a special education teacher. 28 3. Voting members shall serve three-year terms beginning 29 and ending as provided in section 69.19, and appointments shall 30 comply with section 69.16. Vacancies on the council shall 31 be filled in the same manner as the original appointment. A 32 person appointed to fill a vacancy shall serve only for the 33 unexpired portion of the term. Public members shall receive 34 reimbursement for actual expenses incurred while serving in 35 -227- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 227/ 236
their official capacity and may also be eligible to receive 1 compensation as provided in section 7E.6. 2 4. The council shall elect a chairperson from its voting 3 members annually. A majority of the voting members of the 4 council shall constitute a quorum. 5 5. The department shall convene and provide administrative 6 support to the council. 7 Sec. 511. REPEAL. Section 256.35A, Code 2024, is repealed. 8 Sec. 512. EFFECTIVE DATE. This division of this Act takes 9 effect July 1, 2025. 10 DIVISION XXI 11 PROFESSIONAL LAND SURVEYORS —— LICENSING 12 Sec. 513. Section 542B.20, subsection 1, Code 2024, is 13 amended to read as follows: 14 1. a. A person holding a certificate of licensure as a 15 professional engineer or professional land surveyor issued to 16 the person by a proper authority of a state, territory, or 17 possession of the United States, the District of Columbia, 18 or of any foreign country, based on requirements and 19 qualifications, in the opinion of the board equal to or higher 20 than the requirements of this chapter , may be licensed without 21 further examination , except as provided in paragraph “b” . 22 b. A person shall not be licensed as a professional 23 land surveyor under this subsection unless the person 24 passes an examination specific to the laws of this state. 25 Notwithstanding section 272C.12, subsection 3, paragraph 26 “c” , a person shall not be issued a temporary license as a 27 professional land surveyor. 28 Sec. 514. TRANSITION PROVISIONS. 29 1. A temporary license to practice professional land 30 surveying issued pursuant to section 272C.12, subsection 3, 31 paragraph “c”, prior to the effective date of this division 32 of this Act shall continue in full force and effect until 33 expiration or until suspension or revocation by the engineering 34 and land surveying examining board pursuant to section 542B.21. 35 -228- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 228/ 236
2. A license issued to a professional land surveyor pursuant 1 to section 542B.20, Code 2024, prior to the effective date of 2 this division of this Act shall continue in full force and 3 effect until expiration or until suspension or revocation by 4 the engineering and land surveying examining board pursuant to 5 section 542B.21. 6 DIVISION XXII 7 MIDWIFERY ADVISORY COUNCIL 8 Sec. 515. Section 148I.7, Code 2024, is amended by adding 9 the following new subsection: 10 NEW SUBSECTION . 4. This section is repealed July 1, 2026. 11 DIVISION XXIII 12 MISSISSIPPI RIVER PARKWAY COMMISSION 13 Sec. 516. Section 308.1, subsection 1, Code 2024, is amended 14 to read as follows: 15 1. The Mississippi river parkway planning commission shall 16 must be composed of ten members appointed by the governor, 17 five members to be appointed for two-year terms beginning 18 July 1, 1959, and five members to be appointed including one 19 member each from Allamakee county, Clayton county, Clinton 20 county, Des Moines county, Dubuque county, Jackson county, Lee 21 county, Louisa county, Muscatine county, and Scott county, 22 for four-year terms beginning July 1, 1959 . In addition to 23 the above members there shall must be seven four advisory ex 24 officio members who shall be as follows: 25 a. One member from the state department of transportation 26 commission . 27 b. One member from the natural resource commission. 28 c. One member from the state soil conservation and water 29 quality committee. One member from the economic development 30 authority, whose primary responsibility includes tourism under 31 section 15.108, subsection 5. 32 d. One member from the state historical society of Iowa. 33 e. One member from the faculty of the landscape 34 architectural division of the Iowa state university of science 35 -229- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 229/ 236
and technology. 1 f. One member from the economic development authority. 2 g. One member from the environmental protection commission. 3 Sec. 517. Section 308.1, Code 2024, is amended by adding the 4 following new subsections: 5 NEW SUBSECTION . 1A. The parkway commission shall submit a 6 report regarding the economic impact of the great river road 7 on this state on or before December 15 each year to the general 8 assembly and to the governor. 9 NEW SUBSECTION . 1B. The parkway commission may establish a 10 technical committee to advise the commission. If established, 11 members of the committee must include at least one person 12 each from the departments of transportation and agriculture 13 and land stewardship, from the consumer protection division 14 of the office of the attorney general, and from the economic 15 development authority, designated by the applicable head of the 16 entity. The commission may request any other state agency to 17 designate an employee to serve on the committee. 18 DIVISION XXIV 19 TRANSITION PROVISIONS 20 Sec. 518. TRANSITION PROVISIONS. 21 1. A rule adopted by a government body eliminated in this 22 Act that is in force and effect immediately prior to the 23 effective date of this division of this Act shall continue in 24 full force and effect until the earlier of the following: 25 a. The rule is amended, rescinded, or supplemented by 26 the affirmative action of the board of behavioral health 27 professionals, board of building and construction occupations, 28 board of pharmacy, state historical society board of trustees, 29 board of education, employment appeal board, economic 30 development authority board, human rights board, or the 31 government body under which the former government body was 32 organized. 33 b. The rule expires by its own terms. 34 2. Any license or permit issued by a government body 35 -230- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 230/ 236
eliminated in this Act in effect on the effective date of this 1 division of this Act shall continue in full force and effect 2 until expiration or renewal. 3 3. a. Any moneys in any account or fund of, and all client 4 and organizational files in the possession of, the boards 5 of behavioral science, psychology, or social work shall be 6 transferred to the control of the board of behavioral health 7 professionals. 8 b. Any moneys in any account or fund of, and all client and 9 organizational files in the possession of, the state building 10 code board of review, electrical examining board, or plumbing 11 and mechanical systems board shall be transferred to the 12 control of the board of building and construction occupations. 13 c. Any moneys in any account or fund of, and all client and 14 organizational files in the possession of, the prescription 15 monitoring program advisory council shall be transferred to the 16 control of the board of pharmacy. 17 d. Any moneys in any account or fund of, and all client and 18 organizational files in the possession of, the secondary road 19 fund distribution committee shall be transferred to the control 20 of the state transportation commission. 21 e. Any moneys in any account or fund of, and all client and 22 organizational files in the possession of, the state historical 23 records advisory board shall be transferred to the control of 24 the board of trustees of the state historical society. 25 f. Any moneys in any account or fund of, and all client and 26 organizational files in the possession of, the state board of 27 preserves or farmer advisory committee shall be transferred to 28 the control of the natural resource commission. 29 g. Any moneys in any account or fund of, and all client 30 and organizational files in the possession of, the community 31 college council or nonpublic school advisory committee shall be 32 transferred to the control of the board of education. 33 h. Any moneys in any account or fund of, and all client 34 and organizational files in the possession of, the public 35 -231- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 231/ 236
employment relations board shall be transferred to the control 1 of the employment appeal board. 2 i. Any moneys in any account or fund of, and all client 3 and organizational files in the possession of, the enhance 4 Iowa board shall be transferred to the control of the economic 5 development authority board. 6 j. Any moneys in any account or fund of, and all client and 7 organizational files in the possession of, the advisory council 8 on brain injuries, children’s behavioral health system state 9 board, congenital and inherited disorders advisory committee, 10 emergency medical services advisory council, family development 11 and self-sufficiency council, justice advisory board, trauma 12 system advisory council, or Iowa collaboration for youth 13 development council shall be transferred to the control of the 14 council on health and human services. 15 k. Any moneys in any account or fund of, and all client 16 and organizational files in the possession of, the commissions 17 on the status of African Americans or the status of women, 18 the commissions of Asian and Pacific Islanders, persons with 19 disabilities, or Native Americans, or the Latino affairs 20 commission shall be transferred to the control of the human 21 rights board. 22 l. Any moneys in any account or fund of, and all client and 23 organizational files in the possession of, the healthy and well 24 kids in Iowa board or advisory committee shall be transferred 25 to the control of the medical assistance advisory council. 26 m. Any moneys in any account or fund of, and all client and 27 organizational files in the possession of, the dual party relay 28 council shall be transferred to the control of the commission 29 of deaf services. 30 n. Any moneys in any account or fund of, and all client and 31 organizational files in the possession of, any other board, 32 council, committee, or commission eliminated in this Act shall 33 be transferred to the control of the state agency or department 34 under which the board, council, committee, or commission was 35 -232- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 232/ 236
organized. 1 4. a. Any cause of action, statute of limitation, or 2 administrative action relating to or initiated by the boards 3 of behavioral science, psychology, or social work shall not be 4 affected as a result of this Act and shall apply to the board of 5 behavioral health professionals. 6 b. Any cause of action, statute of limitation, or 7 administrative action relating to or initiated by the state 8 building code board of review, electrical examining board, or 9 plumbing and mechanical systems board shall not be affected as 10 a result of this Act and shall apply to the board of building 11 and construction occupations. 12 c. Any cause of action, statute of limitation, or 13 administrative action relating to or initiated by the 14 prescription monitoring program advisory council shall not be 15 affected as a result of this Act and shall apply to the board 16 of pharmacy. 17 d. Any cause of action, statute of limitation, or 18 administrative action relating to or initiated by the secondary 19 road fund distribution committee shall not be affected as a 20 result of this Act and shall apply to the state transportation 21 commission. 22 e. Any cause of action, statute of limitation, or 23 administrative action relating to or initiated by the state 24 historical records advisory board shall not be affected as a 25 result of this Act and shall apply to the board of trustees of 26 the state historical society. 27 f. Any cause of action, statute of limitation, or 28 administrative action relating to or initiated by the state 29 board of preserves or farmer advisory committee shall not be 30 affected as a result of this Act and shall apply to the natural 31 resource commission. 32 g. Any cause of action, statute of limitation, or 33 administrative action relating to or initiated by the community 34 college council or nonpublic school advisory committee shall 35 -233- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 233/ 236
not be affected as a result of this Act and shall apply to the 1 board of education. 2 h. Any cause of action, statute of limitation, or 3 administrative action relating to or initiated by the public 4 employment relations board shall not be affected as a result of 5 this Act and shall apply to the employment appeal board. 6 i. Any cause of action, statute of limitation, or 7 administrative action relating to or initiated by the enhance 8 Iowa board shall not be affected as a result of this Act and 9 shall apply to the economic development authority board. 10 j. Any cause of action, statute of limitation, or 11 administrative action relating to or initiated by the advisory 12 council on brain injuries, children’s behavioral health system 13 state board, congenital and inherited disorders advisory 14 committee, emergency medical services advisory council, family 15 development and self-sufficiency council, justice advisory 16 board, trauma system advisory council, or Iowa collaboration 17 for youth development council shall not be affected as a result 18 of this Act and shall apply to the council on health and human 19 services. 20 k. Any cause of action, statute of limitation, or 21 administrative action relating to or initiated by the 22 commissions on the status of African Americans or the status of 23 women, the commissions of Asian and Pacific Islanders, persons 24 with disabilities, or Native Americans, or the Latino affairs 25 commission shall not be affected as a result of this Act and 26 shall apply to the human rights board. 27 l. Any cause of action, statute of limitation, or 28 administrative action relating to or initiated by the healthy 29 and well kids in Iowa board or advisory committee shall not be 30 affected as a result of this Act and shall apply to the medical 31 assistance advisory council. 32 m. Any cause of action, statute of limitation, or 33 administrative action relating to or initiated by the dual 34 party relay council shall not be affected as a result of this 35 -234- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 234/ 236
Act and shall apply to the commission of deaf services. 1 n. Any cause of action, statute of limitation, or 2 administrative action relating to or initiated by any other 3 board, council, committee, or commission eliminated in this Act 4 shall not be affected as a result of this Act and shall apply to 5 the state agency or department under which the board, council, 6 committee, or commission was organized. 7 5. Any personnel in the state merit system of employment 8 who are mandatorily transferred due to the effect of this Act 9 shall be so transferred without any loss in salary, benefits, 10 or accrued years of service. 11 6. a. Except as otherwise provided, nothing in this Act 12 shall affect the appointment or any term of office of a member 13 of any board, council, commission, committee, or other similar 14 entity of the state established by the Code prior to the 15 effective date of this division of this Act. 16 b. Notwithstanding any other provision to the contrary 17 in this Act, the terms of all members serving on any board, 18 council, commission, committee, or other similar entity merged, 19 consolidated, or eliminated by this Act, or any such entity 20 with fewer members or reduced term lengths for current members 21 resulting from the provisions of this Act, shall terminate on 22 the effective date of this division of this Act. 23 c. Except for those boards, councils, commissions, 24 committees, or other similar entities eliminated by this Act, 25 the governor or other appointing or designating authority shall 26 appoint or designate new members to the boards, councils, 27 commissions, committees, or other similar entities provided 28 for in this subsection on or before the effective date of this 29 division of this Act. The governor or other appointing or 30 designating authority shall determine the length of the initial 31 terms of office for each respective position, but in any event 32 shall stagger such terms, beginning and ending as otherwise 33 provided by law. > 34 2. Title page, line 2, after < including > by inserting 35 -235- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 235/ 236
< effective date and > 1 ______________________________ BLOOMINGDALE of Worth -236- HF 2574.4186 (4) 90 (amending this HF 2574 to CONFORM to SF 2385) ss/ns 236/ 236