Senate File 2385 H-8325 Amend Senate File 2385, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 SOIL CONSERVATION AND WATER QUALITY COMMITTEE 6 Section 1. Section 159.5, subsection 12, Code 2024, is 7 amended to read as follows: 8 12. Create and maintain a division of soil conservation 9 and water quality as provided in chapter 161A . The division’s 10 director shall be appointed by the secretary from a list of 11 names of persons recommended by the soil conservation and water 12 quality committee, pursuant to section 161A.4 , and shall serve 13 at the pleasure of the secretary. The director shall be the 14 administrator responsible for carrying out the provisions of 15 chapters 207 and 208 . 16 Sec. 2. Section 161A.3, subsection 4, Code 2024, is amended 17 to read as follows: 18 4. “Committee” means the state soil conservation and water 19 quality committee established in section 161A.4 161A.4A . 20 Sec. 3. Section 161A.4, subsections 1, 6, and 7, Code 2024, 21 are amended to read as follows: 22 1. The division of soil conservation and water quality 23 created within the department pursuant to section 159.5 shall 24 perform the functions conferred upon it in this chapter and 25 chapters 161C , 161E , 161F , 207 , and 208 , and 466B . The division 26 shall be administered in accordance with the policies of the 27 committee, which shall advise the division and which shall 28 approve administrative rules proposed by the division for 29 the administration of this chapter and chapters 161C , 161E , 30 161F , 207 , and 208 before the rules are adopted pursuant to 31 section 17A.5 . If a difference exists between the committee 32 and secretary regarding the content of a proposed rule, the 33 secretary shall notify the chairperson of the committee of 34 the difference within thirty days from the committee’s action 35 -1- SF 2385.4200 (1) 90 ss/ns 1/ 234 #1.
on the rule. The secretary and the committee shall meet to 1 resolve the difference within thirty days after the secretary 2 provides the committee with notice of the difference. 3 6. a. The committee division may perform acts, hold public 4 hearings, and propose and approve rules pursuant to chapter 17A 5 as necessary for the execution of its functions. 6 b. The committee shall recommend to the secretary each year 7 a budget for the division. The secretary, at the earliest 8 opportunity and prior to formulating a budget, shall meet with 9 representatives of the committee to discuss the committee’s 10 recommendation. 11 c. The committee shall recommend three persons to the 12 secretary of agriculture who shall appoint from the persons 13 recommended a director to head the division and serve at 14 the pleasure of the secretary. After reviewing the names 15 submitted, the secretary may request that the committee submit 16 additional names for consideration. 17 7. The committee or division may call upon the attorney 18 general of the state for necessary legal services. The 19 committee may delegate to its chairperson, to one or more of 20 its members, or to one or more agents or employees, powers and 21 duties as it deems proper. Upon request of the committee, for 22 the purpose of carrying out any of the functions assigned the 23 committee or the department by law, the supervising officer 24 of any state agency, or of any state institution of learning 25 shall, insofar as possible under available appropriations, 26 and having due regard to the needs of the agency to which the 27 request is directed, assign or detail the request to the staff 28 or personnel of the agency or institution of learning, and 29 make the special reports, surveys, or studies as the committee 30 requests. 31 Sec. 4. Section 161A.4, subsections 4 and 5, Code 2024, are 32 amended by striking the subsections. 33 Sec. 5. NEW SECTION . 161A.4A State soil conservation and 34 water quality committee. 35 -2- SF 2385.4200 (1) 90 ss/ns 2/ 234
1. A state soil conservation and water quality committee 1 is established within the department. The committee exists to 2 provide expert advice and consultation related to technical 3 and financial assistance programs administered by the division 4 and promote the installation of soil and water conservation 5 practices to the citizens of the state of Iowa. 6 a. The members of the committee shall be appointed by the 7 secretary of agriculture and shall include the following: 8 (1) Six of the members shall be persons engaged in actual 9 farming operations, each of whom shall be a resident of one 10 of six different geographic regions in the state, including 11 northwest, southwest, north central, south central, northeast, 12 and southeast Iowa. One member shall be actively engaged in 13 tree farming. The boundaries of the geographic regions shall 14 be established by the department by rule. 15 (2) One member shall be an elected commissioner from a soil 16 and water conservation district. 17 (3) One member shall be a representative of the mining 18 industry. 19 (4) One member shall be a representative of cities and 20 towns. 21 (5) One member shall be a representative of an organization 22 working in conservation or outdoor recreation. 23 (6) One member shall be a representative of agribusiness. 24 (7) One member shall be a representative of an engineering 25 or contracting business engaged in conservation work. 26 b. The following shall serve as ex officio, nonvoting 27 members of the committee: 28 (1) The director of the Iowa cooperative extension service 29 in agriculture and home economics, or the director’s designee. 30 (2) The director of the department of natural resources, or 31 the director’s designee. 32 (3) The state conservationist for the state of Iowa of the 33 natural resources conservation service. 34 2. a. The committee shall designate its chairperson, and 35 -3- SF 2385.4200 (1) 90 ss/ns 3/ 234
may change the designation. The members appointed by the 1 secretary of agriculture shall serve for a period of two years. 2 Members designated to represent the director of the department 3 of natural resources and the director of the Iowa cooperative 4 extension service in agriculture and home economics shall serve 5 at the pleasure of the officer making the designation. 6 b. Members are entitled to actual expenses necessarily 7 incurred in the discharge of their duties as members of the 8 committee. The expenses paid to the committee members shall be 9 paid from moneys appropriated to the department. Each member 10 of the committee may also be eligible to receive compensation 11 as provided in section 7E.6. The committee shall provide for 12 the keeping of a full and accurate record of all proceedings. 13 Sec. 6. Section 161A.5, subsection 1, Code 2024, is amended 14 to read as follows: 15 1. The one hundred soil and water conservation districts 16 established in the manner which was prescribed by law prior to 17 July 1, 1975 shall continue in existence with the boundaries 18 and the names in effect on July 1, 1975. If the existence of 19 a district so established is discontinued pursuant to section 20 161A.10 , a petition for reestablishment of the district or for 21 annexation of the former district’s territory to any other 22 abutting district may be submitted to, and shall be acted upon 23 by, the committee division in substantially the manner provided 24 by section 467A.5, Code 1975 . 25 Sec. 7. Section 161A.5, subsection 2, paragraph c, Code 26 2024, is amended to read as follows: 27 c. If a commissioner is absent for sixty or more percent 28 of monthly meetings during any twelve-month period, the other 29 commissioners by their unanimous vote may declare the member’s 30 office vacant. A vacancy in the office of commissioner shall 31 be filled by appointment of the committee remaining members 32 of the district until the next succeeding general election, 33 at which time the balance of the unexpired term shall be 34 filled as provided by section 69.12 . Within thirty days of 35 -4- SF 2385.4200 (1) 90 ss/ns 4/ 234
an appointment pursuant to this paragraph, the district shall 1 notify the division of any change to its membership. 2 Sec. 8. Section 161A.7, subsection 1, paragraph k, Code 3 2024, is amended to read as follows: 4 k. Subject to the approval of the committee division , to 5 change the name of the soil and water conservation district. 6 Sec. 9. Section 161A.7, subsection 1, paragraph n, 7 subparagraph (1), unnumbered paragraph 1, Code 2024, is amended 8 to read as follows: 9 The district plan shall contain a comprehensive long-range 10 assessment of soil and surface water resources in the district 11 consistent with rules approved by the committee division under 12 section 161A.4 . In developing the plan the district may 13 receive technical support from the United States department 14 of agriculture natural resources conservation service and the 15 county board of supervisors in the county where the district 16 is located. The division and the Iowa cooperative extension 17 service in agriculture and home economics may provide technical 18 support to the district. The support may include but is not 19 limited to the following: 20 Sec. 10. Section 161A.7, subsection 1, paragraph n, 21 subparagraph (2), Code 2024, is amended to read as follows: 22 (2) The title page of the district plan and a notification 23 stating where the plan may be reviewed shall be recorded with 24 the recorder in the county in which the district is located, 25 and updated as necessary, after the committee director of the 26 division approves and the director of the division signs the 27 district plan. The commissioners shall provide notice of the 28 recording and may provide a copy of the approved district plan 29 to the county board of supervisors in the county where the 30 district is located. The district plan shall be filed with 31 the division as part of the state soil and water resource 32 conservation plan provided in section 161A.4 . 33 Sec. 11. Section 161A.7, subsection 3, Code 2024, is amended 34 to read as follows: 35 -5- SF 2385.4200 (1) 90 ss/ns 5/ 234
3. The commissioners, as a condition for the receipt of 1 any state cost-sharing funds for permanent soil conservation 2 practices, shall require the owner of the land on which the 3 practices are to be established to covenant and file, in the 4 office of the district of the county in which the land is 5 located, an agreement identifying the particular lands upon 6 which the practices for which state cost-sharing funds are to 7 be received will be established, and providing that the project 8 will not be removed, altered, or modified so as to lessen 9 its effectiveness without the consent of the commissioners, 10 obtained in advance and based on guidelines drawn up by the 11 committee division , for a period not to exceed twenty years 12 after the date of receiving payment. The commissioners shall 13 assist the division in the enforcement of this subsection . 14 The agreement does not create a lien on the land, but is a 15 charge personally against the owner of the land at the time of 16 removal, alteration, or modification if an administrative order 17 is made under section 161A.61, subsection 3 . 18 Sec. 12. Section 161A.10, Code 2024, is amended to read as 19 follows: 20 161A.10 Discontinuance of districts. 21 1. At any time after five years after the organization of 22 a district under this chapter , any twenty-five owners of land 23 lying within the boundaries of the district, but in no case 24 less than twenty percent of the owners of land lying within 25 the district, may file a petition with the committee division 26 asking that the operations of the district be terminated and 27 the existence of the district discontinued. The committee 28 division may conduct public meetings and public hearings upon 29 the petition as necessary to assist in the consideration of 30 the petition. Within sixty days after a petition has been 31 received by the committee division , the division shall give 32 due notice of the holding of a referendum, shall supervise the 33 referendum, and shall issue appropriate rules governing the 34 conduct of the referendum. The question is to be submitted by 35 -6- SF 2385.4200 (1) 90 ss/ns 6/ 234
ballots upon which the words “For terminating the existence of 1 the ..... (name of the soil and water conservation district to 2 be here inserted)” and “Against terminating the existence of 3 the ..... (name of the soil and water conservation district to 4 be here inserted)” shall be printed, with a square before each 5 proposition and a direction to insert an X mark in the square 6 before one or the other of the propositions as the voter favors 7 or opposes discontinuance of the district. All owners of lands 8 lying within the boundaries of the district are eligible to 9 vote in the referendum. No informalities in the conduct of 10 the referendum or in any matters relating to the referendum 11 invalidate the referendum or the result of the referendum if 12 notice was given substantially as provided in this section and 13 if the referendum was fairly conducted. 14 2. When sixty-five percent of the landowners vote to 15 terminate the existence of the district, the committee 16 division shall advise the commissioners to terminate the 17 affairs of the district. The commissioners shall dispose of 18 all property belonging to the district at public auction and 19 shall pay over the proceeds of the sale to be deposited into 20 the state treasury. The commissioners shall then file an 21 application, duly verified, with the secretary of state for the 22 discontinuance of the district, and shall transmit with the 23 application the certificate of the committee division setting 24 forth the determination of the committee division that the 25 continued operation of the district is not administratively 26 practicable and feasible. The application shall recite that 27 the property of the district has been disposed of and the 28 proceeds paid over as provided in this section , and shall set 29 forth a full accounting of the properties and proceeds of the 30 sale. The secretary of state shall issue to the commissioners 31 a certificate of dissolution and shall record the certificate 32 in an appropriate book of record in the secretary of state’s 33 office. 34 3. Upon issuance of a certificate of dissolution under this 35 -7- SF 2385.4200 (1) 90 ss/ns 7/ 234
section , all ordinances and regulations previously adopted 1 and in force within the districts are of no further force and 2 effect. All contracts previously entered into, to which the 3 district or commissioners are parties, remain in force and 4 effect for the period provided in the contracts. The committee 5 division is substituted for the district or commissioners as 6 party to the contracts. The committee division is entitled to 7 all benefits and subject to all liabilities under the contracts 8 and has the same right and liability to perform, to require 9 performance, to sue and be sued, and to modify or terminate the 10 contracts by mutual consent or otherwise, as the commissioners 11 of the district would have had. 12 4. The committee division shall not entertain petitions for 13 the discontinuance of any district nor conduct referenda upon 14 discontinuance petitions nor make determinations pursuant to 15 the petitions in accordance with this chapter , more often than 16 once in five years. 17 Sec. 13. Section 161A.22, subsection 2, Code 2024, is 18 amended to read as follows: 19 2. The governing body of the subdistrict, upon 20 determination that benefits from works of improvement as set 21 forth in the watershed work plan to be installed will exceed 22 costs thereof, and that funds needed for purposes of the 23 subdistrict require levy of a special benefit assessment as 24 provided in section 161A.23 , in lieu of the special annual 25 tax as provided in section 161A.20 , shall record its decision 26 to use its taxing authority and, upon majority vote of the 27 governing body and with the approval of the committee division , 28 may issue warrants or bonds payable in not more than forty 29 semiannual installments in connection with the special benefit 30 assessment, and pledge and assign the proceeds of the special 31 benefit assessment and other revenues of the subdistrict as 32 security for the warrants or bonds. The warrants and bonds of 33 indebtedness are general obligations of the subdistrict, exempt 34 from all taxes, state and local, and are not indebtedness of 35 -8- SF 2385.4200 (1) 90 ss/ns 8/ 234
the district or the state of Iowa. 1 Sec. 14. Section 161A.42, subsection 9, paragraphs a and b, 2 Code 2024, are amended to read as follows: 3 a. “Permanent soil and water conservation practices” means 4 planting of perennial grasses, legumes, shrubs, or trees, the 5 establishment of grassed waterways, and the construction of 6 terraces, or other permanent soil and water practices approved 7 by the committee division . 8 b. “Temporary soil and water conservation practices” means 9 planting of annual or biennial crops, use of strip-cropping, 10 contour planting, or minimum or mulch tillage, and any other 11 cultural practices approved by the committee division . 12 Sec. 15. Section 161A.44, unnumbered paragraph 1, Code 13 2024, is amended to read as follows: 14 The commissioners of each district shall, with approval 15 of and within time limits set by administrative order of 16 the committee division , adopt reasonable regulations as are 17 deemed necessary to establish a soil loss limit or limits for 18 the district and provide for the implementation of the limit 19 or limits. A district may subsequently amend or repeal its 20 regulations as it deems necessary. The committee division 21 shall review the soil loss limit regulations adopted by the 22 districts at least once every five years, and shall recommend 23 changes in the regulations of a district which the committee 24 division deems necessary to assure that the district’s soil 25 loss limits are reasonable and attainable. The commissioners 26 may: 27 Sec. 16. Section 161A.44, subsection 2, Code 2024, is 28 amended to read as follows: 29 2. Establish different soil loss limits for different 30 classes of land in the district if in their judgment and that 31 of the committee division a lower soil loss limit should be 32 applied to some land than can reasonably be applied to other 33 land in the district, it being the intent of the general 34 assembly that no land in the state be assigned a soil loss 35 -9- SF 2385.4200 (1) 90 ss/ns 9/ 234
limit that cannot reasonably be applied to such land. 1 Sec. 17. Section 161A.45, Code 2024, is amended to read as 2 follows: 3 161A.45 Submission of regulations to committee division —— 4 hearing. 5 Regulations which the commissioners propose to adopt, 6 amend, or repeal shall be submitted to the committee division , 7 in a form prescribed by the committee division , for its 8 approval. The committee division may approve the regulations 9 as submitted, or with amendments as it deems necessary. The 10 commissioners shall, after approval, publish notice of hearing 11 on the proposed regulations, as approved, in a newspaper 12 of general circulation in the district, setting a date and 13 time not less than ten nor more than thirty days after the 14 publication when a hearing on the proposed regulations will 15 be held at a specified place. The notice shall include the 16 full text of the proposed regulations or shall state that the 17 proposed regulations are on file and available for review 18 at the office of the affected soil and water conservation 19 district. 20 Sec. 18. Section 161A.46, Code 2024, is amended to read as 21 follows: 22 161A.46 Conduct of hearing. 23 At the hearing, the commissioners or their designees shall 24 explain, in reasonable detail, the reasons why adoption, 25 amendment, or repeal of the regulations is deemed necessary or 26 advisable. Any landowner, or any occupant of land who would be 27 affected by the regulations, shall be afforded an opportunity 28 to be heard for or against the proposed regulations. At the 29 conclusion of the hearing, the commissioners shall announce 30 and enter of record their decision whether to adopt or modify 31 the proposed regulations. Any modification must be approved 32 by the committee division , which may at its discretion order 33 the commissioners to republish the regulations and hold another 34 hearing in the manner prescribed by this chapter . 35 -10- SF 2385.4200 (1) 90 ss/ns 10/ 234
Sec. 19. Section 161A.71, subsections 1 and 4, Code 2024, 1 are amended to read as follows: 2 1. The division may establish a conservation practices 3 revolving loan fund composed of any money appropriated by the 4 general assembly for that purpose, and of any other moneys 5 available to and obtained or accepted by the committee division 6 from the federal government or private sources for placement 7 in that fund. Except as otherwise provided by subsection 3 , 8 the assets of the conservation practices revolving loan fund 9 shall be used only to make loans directly to owners of land in 10 this state for the purpose of establishing on that land any 11 new permanent soil and water conservation practice which the 12 commissioners of the soil and water conservation district in 13 which the land is located have found is necessary or advisable 14 to meet the soil loss limits established for that land. A 15 loan shall not be made for establishing a permanent soil and 16 water conservation practice on land that is subject to the 17 restriction on state cost-sharing funds of section 161A.76 . 18 Revolving loan funds and public cost-sharing funds may be 19 used in combination for funding a particular soil and water 20 conservation practice. Each loan made under this section 21 shall be for a period not to exceed ten years, shall bear no 22 interest, and shall be repayable to the conservation practices 23 revolving loan fund in equal yearly installments due March 1 of 24 each year the loan is in effect. The interest rate upon loans 25 for which payment is delinquent shall accelerate immediately to 26 the current legal usury limit. Applicants are eligible for no 27 more than twenty thousand dollars in loans outstanding at any 28 time under this program. “Permanent soil and water conservation 29 practices” has the same meaning as defined in section 161A.42 30 and those established under this program are subject to the 31 requirements of section 161A.7, subsection 3 . Loans made under 32 this program shall come due for payment upon sale of the land 33 on which those practices are established. 34 4. This section does not negate the provisions of 35 -11- SF 2385.4200 (1) 90 ss/ns 11/ 234
section 161A.48 that an owner or occupant of land in this 1 state shall not be required to establish any new soil and 2 water conservation practice unless public cost-sharing 3 funds have been approved and are available for the land 4 affected. However, the owner of land with respect to which an 5 administrative order to establish soil and water conservation 6 practices has been issued under section 161A.47 but not 7 complied with for lack of public cost-sharing funds, may waive 8 the right to await availability of such funds and instead apply 9 for a loan under this section to establish any permanent soil 10 and water conservation practices necessary to comply with the 11 order. If a landowner does so, that loan application shall be 12 given reasonable preference by the committee division if there 13 are applications for more loans under this section than can be 14 made from the money available in the conservation practices 15 revolving loan fund. If it is found necessary to deny an 16 application for a soil and water conservation practices loan to 17 a landowner who has waived the right to availability of public 18 cost-sharing funds before complying with an administrative 19 order issued under section 161A.47 , the landowner’s waiver is 20 void. 21 Sec. 20. Section 161A.71, subsection 3, paragraph a, Code 22 2024, is amended to read as follows: 23 a. Contract, sue and be sued, and promulgate administrative 24 rules necessary to carry out the provisions of this section , 25 but the committee division shall not in any manner directly or 26 indirectly pledge the credit of the state of Iowa. 27 Sec. 21. Section 161A.72, subsection 1, Code 2024, is 28 amended to read as follows: 29 1. Financial incentives provided under this chapter shall 30 be administered by the division. The incentives shall be 31 supported with funds appropriated by the general assembly, 32 and moneys available to or obtained by the division or the 33 committee from public or private sources, including but 34 not limited to the United States, other states, or private 35 -12- SF 2385.4200 (1) 90 ss/ns 12/ 234
organizations. The division shall adopt all rules consistent 1 with chapter 17A necessary to carry out the purpose of this 2 subchapter as provided in section 161A.70 . 3 Sec. 22. Section 161A.74, subsection 1, paragraph a, Code 4 2024, is amended to read as follows: 5 a. The financial incentives shall not exceed more than fifty 6 percent of the estimated cost of establishing the practices 7 as determined by the commissioners, or fifty percent of the 8 actual cost of establishing the practices, whichever is less. 9 However, the commissioners may allocate an amount determined 10 by the committee division for management of soil and water 11 conservation practices, except as otherwise provided regarding 12 land classified as agricultural land under conservation cover. 13 Sec. 23. Section 161A.74, subsection 2, Code 2024, is 14 amended to read as follows: 15 2. The committee division shall review requirements of this 16 section once each year. The committee division may authorize 17 commissioners in districts to condition the establishment of a 18 mandatory soil and water conservation practice in a specific 19 case on a higher proportion of public cost-sharing than is 20 required by this section . The commissioners shall determine 21 the amount of cost-sharing moneys allocated to establish a 22 specific soil and water conservation practice in accordance 23 with an administrative order issued pursuant to section 161A.47 24 by considering the extent to which the practice will contribute 25 benefits to the individual owner or occupant of the land on 26 which the practice is to be established. 27 Sec. 24. Section 161A.75, subsection 3, Code 2024, is 28 amended to read as follows: 29 3. Following the disaster emergency, the commissioners 30 shall submit a report to the committee division providing 31 information regarding restoration projects and moneys allocated 32 under this section for the projects. 33 Sec. 25. Section 161C.1, subsection 1, Code 2024, is amended 34 by striking the subsection. 35 -13- SF 2385.4200 (1) 90 ss/ns 13/ 234
Sec. 26. Section 161C.4, subsection 1, Code 2024, is amended 1 to read as follows: 2 1. A water protection fund is created within the division. 3 The fund is composed of money appropriated by the general 4 assembly for that purpose, and moneys available to and obtained 5 or accepted by the committee division from the United States or 6 private sources for placement in the fund. The fund shall be a 7 revolving fund from which moneys may be used for loans, grants, 8 administrative costs, and cost-sharing. 9 Sec. 27. Section 161C.4, subsection 3, paragraph a, Code 10 2024, is amended to read as follows: 11 a. Contract, sue and be sued, and adopt rules necessary to 12 carry out the provisions of this section , but the division or 13 committee shall not in any manner directly or indirectly pledge 14 the credit of this state. 15 Sec. 28. Section 207.2, subsection 2, Code 2024, is amended 16 by striking the subsection. 17 Sec. 29. Section 207.3, subsections 2, 3, and 4, Code 2024, 18 are amended to read as follows: 19 2. The division may , after notification to the committee, 20 commence proceedings to suspend, revoke, or refuse to renew a 21 license of a licensee for repeated or willful violation of any 22 of the provisions of this chapter or of the federal Coal Mine 23 Health and Safety Act of 1969, 30 U.S.C. §801 et seq. 24 3. The hearing shall be held pursuant to chapter 17A not 25 less than fifteen nor more than thirty days after the mailing 26 or service of the notice. If the licensee is found to have 27 willfully or repeatedly violated any of the provisions of this 28 chapter or of the federal Coal Mine Health and Safety Act of 29 1969, 30 U.S.C. §801 et seq., the committee division may affirm 30 or modify the proposed suspension, revocation, or refusal to 31 renew the license. 32 4. Suspension or revocation of a license shall become 33 effective thirty days after the mailing or service of the 34 decision to the licensee. If the committee division finds 35 -14- SF 2385.4200 (1) 90 ss/ns 14/ 234
the license should not be renewed, the renewal fee shall be 1 refunded and the license shall expire on the expiration date 2 or thirty days after mailing or service of the decision to the 3 licensee, whichever is later. 4 Sec. 30. Section 207.9, subsection 5, Code 2024, is amended 5 to read as follows: 6 5. Within sixty days a person having an interest which is 7 or may be adversely affected may appeal to the committee the 8 decision of the division granting or denying a permit as a 9 contested case under chapter 17A . 10 Sec. 31. Section 207.14, subsection 4, paragraph a, Code 11 2024, is amended to read as follows: 12 a. A permittee may request in writing an appeal to the 13 committee division of a decision made in a hearing under 14 subsection 3 within thirty days of the decision. The committee 15 division shall review the record made in the contested case 16 hearing, and may hear additional evidence upon a showing of 17 good cause for failure to present the evidence in the hearing, 18 or if evidence concerning events occurring after the hearing 19 is deemed relevant to the proceeding. However, the committee 20 division shall not review a decision in a proceeding if the 21 division seeks to collect a civil penalty pursuant to section 22 207.15 , and those decisions are final agency actions subject to 23 direct judicial review as provided in chapter 17A . 24 Sec. 32. Section 207.14, subsection 5, Code 2024, is amended 25 to read as follows: 26 5. In any administrative proceeding under this chapter 27 or judicial review, the amount of all reasonable costs and 28 expenses, including reasonable attorney fees incurred by a 29 person in connection with the person’s participation in the 30 proceedings or judicial review, may be assessed against either 31 party as the court in judicial review or the committee division 32 in administrative proceedings deems proper. 33 Sec. 33. Section 207.14, subsection 7, paragraph a, Code 34 2024, is amended to read as follows: 35 -15- SF 2385.4200 (1) 90 ss/ns 15/ 234
a. A permittee issued a notice or order under this section 1 or any person having an interest which is or may be adversely 2 affected by the notice or order or by its modification, 3 vacation, or termination may apply to the committee division 4 for review within thirty days of receipt of the notice or 5 order or within thirty days of its modification, vacation, or 6 termination. The review shall be treated as a contested case 7 under chapter 17A . 8 Sec. 34. Section 207.14, subsection 7, paragraph c, 9 subparagraph (2), Code 2024, is amended to read as follows: 10 (2) The applicant shows that there is substantial 11 likelihood that the findings of the committee division will be 12 favorable to the applicant. 13 Sec. 35. Section 208.2, subsection 3, Code 2024, is amended 14 by striking the subsection. 15 Sec. 36. Section 208.8, subsections 2, 4, 5, and 6, Code 16 2024, are amended to read as follows: 17 2. The division shall, by certified mail or personal 18 service, serve on the operator notice in writing of the charges 19 and grounds upon which the license is to be suspended, revoked, 20 or will not be issued. The notice shall include the time 21 and the place at which a hearing shall be held before the 22 committee, a subcommittee appointed by the committee, or the 23 committee’s designee, division to determine whether to suspend, 24 revoke, or refuse to issue the license. The hearing shall 25 be not less than fifteen nor more than thirty days after the 26 mailing or service of the notice. 27 4. If after full investigation and hearing the operator 28 is found to have willfully or repeatedly violated any of the 29 provisions of this chapter , the committee or subcommittee 30 division may affirm or modify the proposed suspension, 31 revocation, or refusal to issue the license. 32 5. When the committee or subcommittee division finds that 33 a license should be suspended or revoked or should not be 34 issued, the division shall so notify the operator in writing by 35 -16- SF 2385.4200 (1) 90 ss/ns 16/ 234
certified mail or by personal service. 1 a. The suspension or revocation of a license shall become 2 effective thirty days after notice to the operator. 3 b. If the license or renewal fee has been paid and the 4 committee or subcommittee division finds that the license 5 should not be issued, then the license shall expire thirty days 6 after notice to the operator. 7 6. An action by the committee or subcommittee division 8 to affirm or modify the proposed suspension, revocation, or 9 refusal to issue a license constitutes a final agency action 10 for purposes of judicial review pursuant to section 208.11 and 11 chapter 17A . 12 Sec. 37. Section 208.9, subsection 3, Code 2024, is amended 13 to read as follows: 14 3. The division shall automatically invalidate all 15 registrations of an operator who fails to renew the operator’s 16 mining license within a time period set by the division, 17 who has been denied license renewal by the committee or 18 subcommittee division , or whose license has been suspended or 19 revoked by the committee or subcommittee division . 20 Sec. 38. Section 208.11, Code 2024, is amended to read as 21 follows: 22 208.11 Judicial review. 23 Judicial review of the action of the committee or division 24 may be sought in accordance with the terms of the Iowa 25 administrative procedure Act, chapter 17A . 26 Sec. 39. Section 460.303, subsection 1, Code 2024, is 27 amended to read as follows: 28 1. An agricultural drainage well water quality assistance 29 fund is created in the state treasury under the control of 30 the division. The fund is composed of moneys appropriated by 31 the general assembly, and moneys available to and obtained or 32 accepted by the division or the state soil conservation and 33 water quality committee established in section 161A.4 , from the 34 United States or private sources for placement in the fund. 35 -17- SF 2385.4200 (1) 90 ss/ns 17/ 234
Sec. 40. Section 461.11, subsection 1, Code 2024, is amended 1 to read as follows: 2 1. When making decisions regarding the expenditure of 3 trust fund moneys affecting soil and water conservation, the 4 secretary of agriculture shall regularly consult with the soil 5 conservation and water quality committee established in section 6 161A.4 161A.4A . When making decisions regarding the expenditure 7 of trust fund moneys affecting natural resources and outdoor 8 recreation, the director of the department of natural resources 9 shall regularly consult with the natural resource commission 10 established pursuant to section 455A.5 . When making decisions 11 regarding the expenditure of trust fund moneys affecting 12 trails, the department of transportation shall consult with the 13 state transportation commission as provided in chapter 307A . 14 DIVISION II 15 PROFESSIONAL LAND SURVEYORS —— LICENSING 16 Sec. 41. REPEAL. Section 542B.20, Code 2024, is repealed. 17 Sec. 42. TRANSITION PROVISIONS. A license issued pursuant 18 to section 542B.20, Code 2024, prior to the effective date of 19 this division of this Act shall continue in full force and 20 effect until expiration or until suspension or revocation by 21 the engineering and land surveying examining board pursuant to 22 section 542B.21. 23 DIVISION III 24 ESTABLISHMENT AND REVIEW OF BOARDS, COMMISSIONS, COMMITTEES, 25 AND COUNCILS 26 Sec. 43. NEW SECTION . 4A.1 Definitions. 27 As used in this chapter, unless the context otherwise 28 requires: 29 1. “Board” means any board, commission, committee, council, 30 panel, review team, or foundation of this state. 31 2. “Committee” means the state government efficiency review 32 committee established pursuant to this chapter. 33 3. “Nonhealth profession” means a profession regulated by 34 this state other than as provided in Title IV, subtitle 3. 35 -18- SF 2385.4200 (1) 90 ss/ns 18/ 234
4. “Regulated health profession” means a profession 1 regulated pursuant to Title IV, subtitle 3. 2 5. “Unregulated health profession” means a profession 3 pursuant to Title IV, subtitle 3, that is not regulated by any 4 entity of this state. 5 6. “Unregulated nonhealth profession” means a profession 6 that is not regulated by any entity of this state and is not an 7 unregulated health profession. 8 Sec. 44. NEW SECTION . 4A.2 Committee —— duties. 9 1. The committee shall carry out the functions provided in 10 this chapter. 11 2. Administrative assistance shall be provided by the 12 legislative services agency. 13 Sec. 45. NEW SECTION . 4A.3 Board reviews. 14 1. The committee shall review the usefulness, performance, 15 and efficacy of each board as provided in subsection 2. After 16 completing a review, the committee shall prepare and publish 17 a report of its findings and recommendations as provided in 18 section 4A.4. 19 2. The committee shall establish a schedule for the 20 committee to review each board such that the committee reviews 21 approximately one-fourth of all boards each calendar year. 22 Each board shall be reviewed once between the calendar years 23 2025 and 2029, and once every four years thereafter. The 24 committee may modify the schedule as necessary to facilitate 25 the efficient administration of the committee. 26 3. A board that is scheduled for review shall submit a 27 report to the committee thirty days prior to the date that it 28 is scheduled for review that includes but is not limited to all 29 of the following: 30 a. The board’s primary purpose and its goals and objectives. 31 b. The board’s past and anticipated workload, the number of 32 staff required to complete that workload, and the board’s total 33 number of staff. 34 c. The board’s past and anticipated budgets and its sources 35 -19- SF 2385.4200 (1) 90 ss/ns 19/ 234
of funding. 1 d. The number of members that compose the governing board or 2 other governing entity of the board and member compensation, 3 if any. 4 4. A board subject to review shall bear the burden of 5 demonstrating to the committee a public need for its continued 6 existence. In determining whether a board has met that burden, 7 the committee shall consider the following, as applicable, 8 in addition to any other information deemed relevant by the 9 committee: 10 a. Whether continuation of the board is necessary to protect 11 the health or safety of the public, and if so, whether the 12 board’s authority is narrowly tailored to protect against 13 present, recognizable, and significant harms to the health or 14 safety of the public. 15 b. Whether the public could be protected or served in an 16 alternate or less restrictive manner. 17 c. Whether rules adopted by the board are consistent with 18 the legislative mandate of the board as expressed in the 19 statutes that created and empowered the board. 20 d. The extent to which the board’s jurisdiction and programs 21 overlap or duplicate those of other boards, the extent to which 22 the board coordinates with those other boards, and the extent 23 to which the board’s programs could be consolidated with the 24 programs of other state departments or boards. 25 e. The number of other states that regulate the occupation, 26 whether a license is required to engage in the occupation in 27 other states, whether the initial licensing and license renewal 28 requirements for the occupation are substantially equivalent 29 in every state, and the amount of regulation exercised by the 30 board compared to the regulation, if any, in other states. 31 f. Whether the board recognizes national uniform licensure 32 requirements for the occupation. 33 g. Whether private contractors could be used, in an 34 effective and efficient manner, either to assist the board in 35 -20- SF 2385.4200 (1) 90 ss/ns 20/ 234
the performance of its duties or to perform the board’s duties 1 in place of the board. 2 h. The cost-effectiveness of the board in terms of the 3 number of employees, services rendered, and administrative 4 costs incurred, both past and present. 5 i. The efficiency with which formal public complaints filed 6 with the board have been processed to completion. 7 j. Whether the purpose for which the board was created has 8 been fulfilled, has changed, or no longer exists. 9 k. Whether federal law requires that the board exist in some 10 form. 11 l. Whether the requirement for an occupational license 12 is consistent with the principles expressed in section 4A.4, 13 subsection 2, serves the public health or safety, and provides 14 the least restrictive form of regulation that adequately 15 protects the public health or safety. 16 m. The extent to which licensing ensures that practitioners 17 have occupational skill sets or competencies that are 18 substantially related to protecting consumers from present, 19 significant, and substantiated harms that threaten the public 20 health or safety, and the impact that those criteria have on 21 applicants for a license, particularly those with moderate or 22 low incomes, seeking to enter the occupation or profession. 23 n. The extent to which the requirement for the occupational 24 license stimulates or restricts competition, affects consumer 25 choice, and affects the cost of services. 26 Sec. 46. NEW SECTION . 4A.4 Reports. 27 1. After completing a review of a board pursuant to section 28 4A.3, the committee shall prepare and submit a report of its 29 findings and recommendations by December 21 of each year. 30 A report may include findings and recommendations for more 31 than one board. Copies of the report shall be submitted 32 to the president of the senate, the speaker of the house 33 of representatives, the governor, and each affected board, 34 and shall be made publicly available on the internet site 35 -21- SF 2385.4200 (1) 90 ss/ns 21/ 234
of the general assembly. The committee shall present its 1 recommendations to the general assembly. 2 2. Recommendations of the committee shall indicate how or 3 whether implementation of the recommendations would do each of 4 the following: 5 a. Improve efficiency in the management of state government. 6 b. Improve services rendered to citizens of the state. 7 c. Provide for the least restrictive regulations by 8 repealing current regulations and replacing them with less 9 restrictive regulations that adequately protect the public. 10 d. Improve the effectiveness of the services performed by 11 the boards of the state. 12 e. Avoid duplication of effort by state agencies or boards. 13 Sec. 47. NEW SECTION . 4A.5 Boards and governmental entities 14 —— dissolution. 15 1. Except as provided in subsection 2, a board established 16 by an Act of the general assembly after the effective date of 17 this division of this Act shall dissolve four years after the 18 establishment of the board, unless the Act establishing the 19 board expressly states an alternative dissolution date. 20 2. An Act of the general assembly establishing a board for 21 the exclusive purpose of providing advice or recommendations 22 after the effective date of this division of this Act shall 23 include a dissolution date of the board not more than two years 24 after the establishment of the board. 25 Sec. 48. NEW SECTION . 4A.6 State government efficiency 26 review committee established. 27 1. A state government efficiency review committee is 28 established which shall meet as necessary to efficiently 29 review all boards according to the schedule established by the 30 committee pursuant to section 4A.3. 31 2. a. The committee shall consist of two members of the 32 senate appointed by the majority leader of the senate, one 33 member of the senate appointed by the minority leader of the 34 senate, two members of the house of representatives appointed 35 -22- SF 2385.4200 (1) 90 ss/ns 22/ 234
by the speaker of the house of representatives, one member of 1 the house of representatives appointed by the minority leader 2 of the house of representatives, an employee of the office 3 of the governor appointed by the governor, the director of 4 the department of management or the director’s designee, and 5 the director of the department of inspections, appeals, and 6 licensing, or the director’s designee. 7 b. Members shall be appointed prior to January 31 of the 8 first regular session of each general assembly and shall serve 9 for terms ending upon the convening of the following general 10 assembly or when their successors are appointed, whichever is 11 later. A vacancy shall be filled in the same manner as the 12 original appointment and shall be for the remainder of the 13 unexpired term of the vacancy. 14 c. The committee shall elect a chairperson and vice 15 chairperson. 16 3. The legislative members of the committee shall be 17 reimbursed for actual and necessary expenses incurred in the 18 performance of their duties and shall be paid a per diem as 19 specified in section 2.10 for each day in which they engaged 20 in the performance of their duties. However, per diem 21 compensation and expenses shall not be paid to members of the 22 general assembly when the general assembly is actually in 23 session at the seat of government. Expenses and per diem shall 24 be paid from moneys appropriated pursuant to section 2.12. 25 4. Administrative assistance shall be provided by the 26 legislative services agency. 27 Sec. 49. NEW SECTION . 4A.7 Regulation of unregulated health 28 professions. 29 1. An unregulated health profession shall not be subject 30 to regulation by any entity of this state for the purpose of 31 prohibiting competition but may be subject to such regulation 32 only for the exclusive purpose of protecting the public health 33 or safety. All proposed legislation to create a board or 34 commission to regulate an unregulated health profession shall 35 -23- SF 2385.4200 (1) 90 ss/ns 23/ 234
be reviewed by the general assembly to determine that all of 1 the following conditions are met: 2 a. There is credible evidence that the unregulated practice 3 of the unregulated health profession will clearly harm or 4 endanger the public health or safety and the potential for harm 5 is easily recognizable and not remote. 6 b. The public needs and can reasonably be expected 7 to benefit from an assurance of initial and continuing 8 professional ability. 9 2. Prior to considering proposed legislation to create 10 a board or commission to regulate an unregulated health 11 profession for passage to the floor of the senate or the 12 house of representatives, a legislative standing committee to 13 which proposed legislation to create a board or commission to 14 regulate an unregulated health profession has been referred 15 shall consider whether the conditions in subsection 1 have been 16 met. If the committee finds that the conditions in subsection 17 1 have been met, the committee shall consider whether the 18 legislation is the least restrictive method of regulation, that 19 adequately protects the public, to address the specific harm or 20 danger identified in this subsection. 21 3. The legislative standing committee shall submit its 22 findings regarding whether the proposed legislation meets 23 the conditions in subsections 1 and 2 to the president of 24 the senate or the speaker of the house of representatives, 25 as applicable, who shall make the findings available to each 26 member of the general assembly on the internet site of the 27 general assembly. 28 4. This section does not allow a person to practice an 29 unregulated health profession if the profession includes 30 practices within the scope of practice of an existing regulated 31 health profession. 32 Sec. 50. NEW SECTION . 4A.8 Proposed regulation of 33 unregulated health professions —— written reports. 34 1. A member of the general assembly introducing proposed 35 -24- SF 2385.4200 (1) 90 ss/ns 24/ 234
legislation to create a board or commission to regulate an 1 unregulated health profession shall submit with the legislation 2 a report addressing the requirements contained in subsection 2. 3 The report shall be submitted to the president of the senate 4 or the speaker of the house of representatives, as applicable, 5 prior to full consideration of the legislation by the senate or 6 the house of representatives and made available on the internet 7 site of the general assembly. 8 2. The report must address, at a minimum, all of the 9 following and identify the source of all information contained 10 in the report: 11 a. Why regulation is necessary, including the nature of the 12 proven harm to the public if the unregulated health profession 13 is not regulated and the extent to which there is a threat to 14 the public health or safety. 15 b. The efforts made to address the problem the legislation 16 is intended to solve. 17 c. The alternatives considered, including all of the 18 following: 19 (1) Regulation of business employers or practitioners 20 rather than employee practitioners. 21 (2) Voluntary efforts to regulate the profession. 22 (3) Registration of all practitioners. 23 (4) Certification of all practitioners. 24 (5) If licensing is sought, why licensing would serve to 25 protect the public health or safety. 26 d. The benefit to the public health or safety if regulation 27 is granted, including all of the following: 28 (1) The extent to which the incidence of specific problems 29 present in the unregulated health profession can reasonably be 30 expected to be reduced by regulation. 31 (2) The extent to which qualified practitioners are 32 competent, including all of the following: 33 (a) The nature of the standards proposed for registration, 34 certification, or licensure as compared with the standards in 35 -25- SF 2385.4200 (1) 90 ss/ns 25/ 234
other jurisdictions. 1 (b) Whether the proposed regulatory entity would be 2 authorized to enter into reciprocity agreements with other 3 jurisdictions. 4 (c) The nature and duration of any training and experience 5 required, whether applicants will be required to pass an 6 examination, and whether there will be alternative methods to 7 enter the health profession. 8 (3) Assurances to the public that practitioners have 9 maintained their competence, including all of the following: 10 (a) Whether a registration, certificate, or license will 11 include an expiration date. 12 (b) Whether the renewal of a registration, certificate, 13 or license will be based only on payment of a fee or whether 14 renewal will involve reexamination, peer review, or other 15 enforcement. 16 e. The maintenance of professional standards, including all 17 of the following: 18 (1) Whether effective quality assurance standards exist 19 in the profession such as legal requirements associated with 20 specific programs that define or enforce standards or a code 21 of ethics. 22 (2) How the proposed legislation will ensure quality, 23 including whether a code of ethics will be adopted and the 24 grounds for suspension or revocation of a registration, 25 certificate, or license. 26 f. A description of the group proposed for regulation, 27 including a list of associations, organizations, and other 28 professional groups representing practitioners in this state, 29 an estimate of the number of practitioners in each professional 30 group, and whether the professional groups represent different 31 levels of practice. 32 g. The expected costs of regulation, including the impact of 33 costs on the public and costs imposed on this state. 34 Sec. 51. NEW SECTION . 4A.9 Regulation of unregulated 35 -26- SF 2385.4200 (1) 90 ss/ns 26/ 234
nonhealth professions. 1 1. An unregulated nonhealth profession shall not be 2 regulated except for the exclusive purpose of protecting the 3 public health or safety. All proposed legislation to create 4 a board or commission to regulate an unregulated nonhealth 5 profession shall be reviewed by the legislative standing 6 committee to which the proposed legislation is referred to 7 ensure that all of the following requirements are met: 8 a. The unregulated practice of the nonhealth profession can 9 clearly harm the public health or safety. 10 b. The actual or anticipated public benefit of the 11 regulation clearly exceeds the costs imposed by the regulation 12 on consumers, businesses, and individuals. 13 c. The public cannot be effectively protected by private 14 certification or other alternatives. 15 2. If a legislative standing committee finds that the 16 proposed legislation satisfies the conditions in subsection 17 1, the committee shall examine data from multiple sources and 18 shall consider evidence of actual harm to the public related 19 to the unregulated nonhealth profession being considered for 20 regulation. The evidence may include industry association 21 data; federal, state, and local government data; business 22 reports; complaints to law enforcement, relevant state 23 agencies, and the better business bureau; and data from 24 agencies in other states with and without similar systems of 25 regulation. 26 3. If, after consideration of evidence pursuant to 27 subsection 2, the legislative standing committee finds that it 28 is necessary to create a board or commission to regulate an 29 unregulated nonhealth profession, the committee shall review 30 the proposed legislation to determine whether it is the least 31 restrictive regulation necessary to adequately protect the 32 public and whether the regulation protects a discrete interest 33 group from economic competition. 34 4. The legislative standing committee shall submit its 35 -27- SF 2385.4200 (1) 90 ss/ns 27/ 234
findings regarding whether the proposed legislation meets the 1 requirements of subsections 1, 2, and 3, to the president of 2 the senate or the speaker of the house of representatives, 3 as applicable, who shall make the findings available to each 4 member of the general assembly on the internet site of the 5 general assembly. 6 5. This section does not allow a person to practice an 7 unregulated nonhealth profession if the profession includes 8 practices within the scope of practice of an existing regulated 9 nonhealth profession. 10 Sec. 52. NEW SECTION . 4A.10 Proposed regulation of 11 unregulated nonhealth professions —— written reports. 12 1. A member of the general assembly introducing legislation 13 to regulate an unregulated nonhealth profession shall submit 14 with the legislation a report addressing the requirements 15 contained in subsection 2. The report shall be submitted to 16 the president of the senate or the speaker of the house of 17 representatives, as applicable, prior to full consideration of 18 the legislation by the senate or the house of representatives 19 and made available on the internet site of the general 20 assembly. 21 2. The report must address all of the following and identify 22 the source of all information contained in the report: 23 a. Why regulation is necessary including what particular 24 problem regulation would address. 25 b. The alternatives considered. 26 c. The benefit to the public health or safety of regulating 27 the profession. 28 d. The extent to which regulation might harm the public. 29 e. The maintenance of professional standards, including all 30 of the following: 31 (1) Whether effective quality assurance standards exist 32 in the profession such as legal requirements associated with 33 specific programs that define or enforce standards or a code 34 of ethics. 35 -28- SF 2385.4200 (1) 90 ss/ns 28/ 234
(2) How the proposed legislation will assure quality 1 including the extent to which a code of ethics will be 2 adopted and the grounds for the suspension or revocation of a 3 registration, certificate, or license. 4 f. A description of the profession proposed for regulation, 5 including a list of associations, organizations, and other 6 professional groups representing practitioners in this state, 7 an estimate of the number of practitioners in each profession, 8 and whether the professional groups represent different levels 9 of practice. 10 g. The expected costs of regulation, including the impact of 11 costs on the public and costs imposed on this state. 12 Sec. 54. REPEAL. Sections 2.69 and 3.20, Code 2024, are 13 repealed. 14 Sec. 55. CODE EDITOR DIRECTIVE —— TRANSFERS. 15 1. The Code editor is directed to make the following 16 transfers: 17 a. Section 69.15 to section 4A.11. 18 b. Section 69.16 to section 4A.12. 19 c. Section 69.16B to section 4A.13. 20 d. Section 69.16C to section 4A.14. 21 e. Section 69.16D to section 4A.15. 22 f. Section 69.16E to section 4A.16. 23 g. Section 69.17 to section 4A.17. 24 2. The Code editor shall correct internal references in the 25 Code and in any enacted legislation as necessary due to the 26 enactment of this section. 27 DIVISION IV 28 PROFESSIONAL BOARDS 29 Sec. 56. Section 10A.503, subsection 1, Code 2024, is 30 amended to read as follows: 31 1. Each board under chapter 100C , 103 , 103A , 105 , or 147 32 that is under the administrative authority of the department 33 shall receive administrative and clerical staff support from 34 the department and may not employ its own support staff for 35 -29- SF 2385.4200 (1) 90 ss/ns 29/ 234
administrative and clerical duties . The executive director 1 of the board of nursing, board of medicine, dental board, 2 and board of pharmacy shall be appointed pursuant to section 3 10A.504 . 4 Sec. 57. Section 10A.504, subsection 1, unnumbered 5 paragraph 1, Code 2024, is amended to read as follows: 6 The director shall appoint and supervise a full-time an 7 executive director for each of the following boards: 8 Sec. 58. Section 103.4, Code 2024, is amended to read as 9 follows: 10 103.4 Executive secretary —— staff and duties Support staff . 11 The director shall appoint an executive secretary for the 12 board and shall hire and provide staff to assist the board 13 in administering this chapter . The executive secretary 14 shall report to the director for purposes of routine board 15 administrative functions, and shall report directly to 16 the board for purposes of execution of board policy such 17 as application of licensing criteria and processing of 18 applications. 19 Sec. 59. Section 103.34, subsection 1, Code 2024, is amended 20 to read as follows: 21 1. Upon receipt of a notice of appeal filed pursuant 22 to section 103.33 , the chairperson or executive secretary 23 administrative staff of the board may designate a hearing 24 officer from among the board members to hear the appeal or 25 may set the matter for hearing before the full board at its 26 next regular meeting. A majority of the board shall make the 27 decision. 28 Sec. 60. Section 147.80, subsection 3, Code 2024, is amended 29 by striking the subsection. 30 Sec. 61. Section 147.87, Code 2024, is amended to read as 31 follows: 32 147.87 Enforcement. 33 1. A board shall enforce the provisions of this chapter and 34 the board’s enabling statute and for that purpose may request 35 -30- SF 2385.4200 (1) 90 ss/ns 30/ 234
the department of inspections, appeals, and licensing to make 1 necessary investigations. Every licensee and member of a board 2 shall furnish the board or the department of inspections, 3 appeals, and licensing such evidence as the member or licensee 4 may have relative to any alleged violation which is being 5 investigated. 6 2. The department of inspections, appeals, and licensing 7 may administratively close a complaint that does not allege a 8 violation of this chapter, the board’s enabling statute, or a 9 rule of the board. 10 Sec. 62. Section 147.88, Code 2024, is amended to read as 11 follows: 12 147.88 Inspections and investigations. 13 The department of inspections, appeals, and licensing may 14 perform inspections and investigations as required by this 15 subtitle , except inspections and investigations for the board 16 of medicine, board of pharmacy, board of nursing, and the 17 dental board . The department of inspections, appeals, and 18 licensing shall employ personnel related to the inspection and 19 investigative functions. 20 Sec. 63. Section 152.2, Code 2024, is amended to read as 21 follows: 22 152.2 Executive director. 23 The board shall retain a full-time An executive director , 24 who shall be appointed pursuant to section 10A.504 . The 25 executive director shall be a registered nurse. The governor, 26 with the approval of the executive council pursuant to section 27 8A.413, subsection 3 , under the pay plan for exempt positions 28 in the executive branch of government, shall set the salary of 29 the executive director. 30 Sec. 64. Section 152E.2, Code 2024, is amended to read as 31 follows: 32 152E.2 Compact administrator. 33 The executive director of the board of nursing, as 34 provided for in section 152.2 , director of the department 35 -31- SF 2385.4200 (1) 90 ss/ns 31/ 234
of inspections, appeals, and licensing, or the director’s 1 designee, shall serve as the compact administrator identified 2 in article VII, paragraph “b” , of the nurse licensure compact 3 contained in section 152E.1 and as the compact administrator 4 identified in article VIII, paragraph “a” , of the advanced 5 practice registered nurse compact contained in section 152E.3 . 6 Sec. 65. Section 153.36, subsection 1, Code 2024, is amended 7 to read as follows: 8 1. Sections 147.44 , 147.48 , 147.49 , 147.53 , and 147.55 , and 9 sections 147.87 through 147.92 shall not apply to the practice 10 of dentistry. 11 Sec. 66. Section 272C.6, subsection 1, Code 2024, is amended 12 to read as follows: 13 1. Disciplinary hearings held pursuant to this chapter 14 shall be heard by the board sitting as the hearing panel, or 15 by an administrative law judge, or by a panel of not less 16 than three board members who are licensed in the profession, 17 or by a panel of not less than three members appointed 18 pursuant to subsection 2 . Notwithstanding chapters 17A and 19 21 a disciplinary hearing shall be open to the public at the 20 discretion of the licensee. 21 Sec. 67. REPEAL. Sections 152.3 and 153.33B, Code 2024, 22 are repealed. 23 DIVISION V 24 LICENSURE STUDIES 25 Sec. 68. 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. 69. LICENSURE FEE STUDY. 34 1. The department of inspections, appeals, and licensing 35 -32- SF 2385.4200 (1) 90 ss/ns 32/ 234
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 VI 10 ADVISORY BODIES 11 Sec. 70. 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. 71. 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. 72. NEW SECTION . 152.3A Advisory committees. 35 -33- SF 2385.4200 (1) 90 ss/ns 33/ 234
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. 73. 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. 74. 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. 75. 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 -34- SF 2385.4200 (1) 90 ss/ns 34/ 234
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. 76. 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. 77. 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. 78. 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 VII 34 ELECTRONIC MEETINGS 35 -35- SF 2385.4200 (1) 90 ss/ns 35/ 234
Sec. 79. 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. 80. 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. 81. 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 VIII 32 MEETINGS —— GENERAL 33 Sec. 82. Section 5.3, Code 2024, is amended to read as 34 follows: 35 -36- SF 2385.4200 (1) 90 ss/ns 36/ 234
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. 85. 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. 86. 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. 87. 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. 88. Section 13A.5, Code 2024, is amended to read as 33 follows: 34 13A.5 Meetings. 35 -37- SF 2385.4200 (1) 90 ss/ns 37/ 234
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. 89. 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. 90. 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. 91. 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. 92. 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 -38- SF 2385.4200 (1) 90 ss/ns 38/ 234
requirements with respect to quorum, place, and conduct of 1 meetings. 2 Sec. 93. 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. 94. 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. 95. 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. 96. 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. 97. Section 123.6, Code 2024, is amended to read as 33 follows: 34 123.6 Commission meetings. 35 -39- SF 2385.4200 (1) 90 ss/ns 39/ 234
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. 98. 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. 99. 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. 100. 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 -40- SF 2385.4200 (1) 90 ss/ns 40/ 234
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. 101. 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. 102. 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. 103. 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. 104. 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 -41- SF 2385.4200 (1) 90 ss/ns 41/ 234
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. 105. 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. 106. Section 237.16, subsection 2, Code 2024, is 15 amended 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. 107. Section 256.32, subsection 3, Code 2024, is 25 amended 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 -42- SF 2385.4200 (1) 90 ss/ns 42/ 234
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. 108. Section 256.83, subsection 1, Code 2024, is 6 amended 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. 109. Section 256I.3, subsection 4, Code 2024, is 16 amended 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. 110. 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. 111. 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 -43- SF 2385.4200 (1) 90 ss/ns 43/ 234
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. 112. Section 455A.5, subsection 4, Code 2024, is 5 amended 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. 113. Section 455A.6, subsection 4, Code 2024, is 14 amended 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. 114. 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. 115. 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. 116. Section 481A.10A, subsection 3, Code 2024, is 35 -44- SF 2385.4200 (1) 90 ss/ns 44/ 234
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. 117. 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. 118. 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. 119. 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. 120. 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 -45- SF 2385.4200 (1) 90 ss/ns 45/ 234
principal office and shall elect a chairperson annually. A 1 majority of the members of the commission shall constitute a 2 quorum. 3 Sec. 121. Section 543D.4, subsection 7, Code 2024, is 4 amended 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. 122. 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. 123. 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 IX 23 REORGANIZATION 24 Sec. 124. Section 7E.5, subsection 2, paragraph a, Code 25 2024, 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. 125. 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. 126. Section 8A.203, subsections 3 and 4, Code 2024, 35 -46- SF 2385.4200 (1) 90 ss/ns 46/ 234
are 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. 127. 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. 128. Section 8A.207, subsection 1, Code 2024, is 18 amended 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. 129. Section 8A.209, subsection 1, Code 2024, is 23 amended 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 -47- SF 2385.4200 (1) 90 ss/ns 47/ 234
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. 130. 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. 131. 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. 132. 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 -48- SF 2385.4200 (1) 90 ss/ns 48/ 234
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. 133. Section 8A.703, subsection 1, Code 2024, is 5 amended 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. 134. Section 8A.707, subsection 1, Code 2024, is 20 amended 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. 135. Section 8A.707, Code 2024, is amended by adding 29 the 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 -49- SF 2385.4200 (1) 90 ss/ns 49/ 234
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. 136. 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. 137. 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 -50- SF 2385.4200 (1) 90 ss/ns 50/ 234
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. 138. Section 8D.9, subsection 2, paragraph b, Code 26 2024, 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 -51- SF 2385.4200 (1) 90 ss/ns 51/ 234
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. 139. 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. 140. Section 12.72, subsection 1, Code 2024, is amended 23 to read as follows: 24 1. A vision Iowa fund is created and established as a 25 separate and distinct fund in the state treasury. The moneys 26 in the fund are appropriated to the enhance Iowa economic 27 development authority board for purposes of the vision Iowa 28 program established in section 15F.302 . Moneys in the fund 29 shall not be subject to appropriation for any other purpose by 30 the general assembly, but shall be used only for the purposes 31 of the vision Iowa fund. The treasurer of state shall act as 32 custodian of the fund and disburse moneys contained in the 33 fund as directed by the enhance Iowa economic development 34 authority board, including automatic disbursements of funds 35 -52- SF 2385.4200 (1) 90 ss/ns 52/ 234
received pursuant to the terms of bond indentures and documents 1 and security provisions to trustees. The fund shall be 2 administered by the enhance Iowa economic development authority 3 board which shall make expenditures from the fund consistent 4 with the purposes of the vision Iowa program without further 5 appropriation. An applicant under the vision Iowa program 6 shall not receive more than seventy-five million dollars in 7 financial assistance from the fund. 8 Sec. 141. Section 12.75, subsection 1, Code 2024, is amended 9 to read as follows: 10 1. The enhance Iowa economic development authority board 11 may undertake a project for two or more applicants jointly 12 or for any combination of applicants, and may combine for 13 financing purposes, with the consent of all of the applicants 14 which are involved, the project and some or all future projects 15 of any applicant, and section 12.71, Code 2020 , sections 12.72 16 and 12.74 , this section , and sections 12.76 and 12.77 apply to 17 and for the benefit of the enhance Iowa economic development 18 authority board and the joint applicants. However, the money 19 set aside in a fund or funds pledged for any series or issue 20 of bonds or notes shall be held for the sole benefit of the 21 series or issue separate and apart from money pledged for 22 another series or issue of bonds or notes of the treasurer 23 of state. To facilitate the combining of projects, bonds or 24 notes may be issued in series under one or more resolutions or 25 trust agreements and may be fully open-ended, thus providing 26 for the unlimited issuance of additional series, or partially 27 open-ended, limited as to additional series. 28 Sec. 142. Section 12C.6, subsection 2, paragraphs a, c, d, 29 e, and f, Code 2024, are amended to read as follows: 30 a. A committee composed of the superintendent of banking, 31 the superintendent of credit unions, the auditor of state or 32 a designee, and the treasurer of state shall meet on or about 33 the first of each month or at other times as the committee 34 may prescribe and by majority action The treasurer of state, 35 -53- SF 2385.4200 (1) 90 ss/ns 53/ 234
in consultation with subject matter experts as needed, shall 1 establish a minimum rate to be earned on state funds placed in 2 time deposits. 3 c. An interest rate established by the committee treasurer 4 of state under this section shall be in effect commencing 5 on the eighth calendar day following the day the rate is 6 established and until a different rate is established and takes 7 effect. 8 d. The committee treasurer of state shall give advisory 9 notice of an interest rate established under this section . 10 This notice may be given by publication in one or more 11 newspapers, by publication in the Iowa administrative bulletin, 12 by ordinary mail to persons directly affected, by any other 13 method determined by the committee treasurer of state , or by 14 a combination of these. In all cases, the notice shall be 15 published in the Iowa administrative bulletin. 16 e. The notice shall contain the following words: 17 The rate of interest has been determined by a committee the 18 treasurer of state of the state of Iowa to be the minimum 19 interest rate that shall be paid on public funds deposited in 20 approved financial institutions. To be eligible to accept 21 deposits of public funds of the state of Iowa, a financial 22 institution shall demonstrate a commitment to serve the 23 needs of the local community in which it is chartered to do 24 business. These needs include credit services as well as 25 deposit services. All such financial institutions are required 26 to provide the committee treasurer of state with a written 27 description of their commitment to provide credit services in 28 the community. This statement is available for examination by 29 citizens. 30 f. The notice shall also provide the name and address of a 31 state official to whom inquiries can be sent. Actions of the 32 committee treasurer of state under this section and section 33 12C.6A are exempt from chapter 17A . 34 Sec. 143. Section 12C.6A, subsection 2, Code 2024, is 35 -54- SF 2385.4200 (1) 90 ss/ns 54/ 234
amended to read as follows: 1 2. In addition to establishing a minimum interest rate for 2 public funds pursuant to section 12C.6 , the committee composed 3 of the superintendent of banking, the superintendent of credit 4 unions, the auditor of state or a designee, and the treasurer 5 of state , in consultation with subject matter experts as 6 needed, shall develop a list of financial institutions eligible 7 to accept state public funds. The committee treasurer of state 8 shall require that a financial institution seeking to qualify 9 for the list shall annually provide the committee treasurer 10 of state a written statement that the financial institution 11 has complied with the requirements of this chapter and has a 12 commitment to community reinvestment consistent with the safe 13 and sound operation of a financial institution, unless the 14 financial institution has received a rating of satisfactory 15 or higher pursuant to the federal Community Reinvestment 16 Act, 12 U.S.C. §2901 et seq., and such rating is certified 17 to the committee treasurer of state by the superintendent of 18 banking. To qualify for the list, a financial institution must 19 demonstrate a continuing commitment to meet the credit needs of 20 the local community in which it is chartered. 21 Sec. 144. Section 12C.6A, subsection 3, unnumbered 22 paragraph 1, Code 2024, is amended to read as follows: 23 The committee treasurer of state may require a financial 24 institution to provide public notice inviting the public to 25 submit comments to the financial institution regarding its 26 community lending activities. Each financial institution shall 27 maintain a file open to public inspection which contains public 28 comments received on its community investment activities, and 29 the financial institution’s response to those comments. The 30 committee treasurer of state shall adopt procedures for both 31 of the following: 32 Sec. 145. Section 12C.6A, subsection 4, unnumbered 33 paragraph 1, Code 2024, is amended to read as follows: 34 At least once a year the committee treasurer of state 35 -55- SF 2385.4200 (1) 90 ss/ns 55/ 234
shall review any challenges that have been filed pursuant 1 to subsection 3 . The committee treasurer of state may hold 2 a public hearing to consider the challenge. In considering 3 a challenge, the committee treasurer of state shall review 4 documents filed with federal regulatory authorities pursuant to 5 the Community Reinvestment Act, 12 U.S.C. §2901 et seq., and 6 regulations adopted pursuant to the Act, as amended to January 7 1, 1990. In addition, consistent with the confidentiality of 8 financial institution records the committee treasurer of state 9 shall consider other factors including, but not limited to, the 10 following: 11 Sec. 146. Section 12C.6A, subsection 5, Code 2024, is 12 amended to read as follows: 13 5. a. A person who believes a bank has failed to meet its 14 community reinvestment responsibility may file a complaint with 15 the committee treasurer of state detailing the basis for that 16 belief. 17 b. If any committee member, in the member’s discretion, 18 the treasurer of state, in the treasurer’s discretion, finds 19 that the complaint has merit, the member treasurer of state may 20 order the bank alleged to have failed to meet its community 21 reinvestment responsibility to attend and participate in a 22 meeting with the complainant. The committee member treasurer 23 of state may specify who, at minimum, shall represent the bank 24 at the meeting. At the meeting, or at any other time, the bank 25 may, but is not required to, enter into an agreement with a 26 complainant to correct alleged failings. 27 c. A majority of the committee The treasurer of state may 28 order a bank against which a complaint has been filed pursuant 29 to this subsection , to disclose such additional information 30 relating to community reinvestment as required by the order of 31 the majority of the committee treasurer of state . 32 d. This subsection does not preempt any other remedies 33 available under statutory or common law available to the 34 committee treasurer of state , the superintendent of banking, or 35 -56- SF 2385.4200 (1) 90 ss/ns 56/ 234
aggrieved persons to cure violations of this section or chapter 1 524 , or rules adopted pursuant to this section or chapter 524 . 2 The committee treasurer of state may conduct a public hearing 3 as provided in subsection 4 based upon the same complaint. An 4 order finding merit in a complaint and ordering a meeting is 5 not an election of remedies. 6 Sec. 147. Section 15.105, subsection 1, paragraph a, 7 subparagraph (1), Code 2024, is amended to read as follows: 8 (1) The powers of the authority are vested in and shall 9 be exercised by a board of eleven voting members selected at 10 large and appointed by the governor subject to confirmation 11 by the senate. The voting members shall be comprised of the 12 following: 13 (a) Two members from each United States congressional 14 district established under section 40.1 in the state. 15 (b) Three members selected at large. 16 Sec. 148. Section 15.108, subsection 5, paragraph c, Code 17 2024, is amended to read as follows: 18 c. Coordinate and develop with the department of 19 transportation, the department of natural resources, the 20 enhance Iowa board, other state agencies, and local and 21 regional entities public interpretation, marketing, and 22 education programs that encourage Iowans and out-of-state 23 visitors to participate in the recreational and leisure 24 opportunities available in Iowa. The authority shall establish 25 and administer a program that helps connect both Iowa residents 26 and residents of other states to new and existing Iowa 27 experiences as a means to enhance the economic, social, and 28 cultural well-being of the state. The program shall include 29 a broad range of new opportunities, both rural and urban, 30 including main street destinations, green space initiatives, 31 and artistic and cultural attractions. 32 Sec. 149. Section 15.108, subsection 8, paragraph b, 33 subparagraphs (4) and (5), Code 2024, are amended to read as 34 follows: 35 -57- SF 2385.4200 (1) 90 ss/ns 57/ 234
(4) Compile, in consultation with the Iowa arts council, 1 a list of grant applications recommended for funding in 2 accordance with the amount available for distribution as 3 provided in section 15.481, subsection 3 . The list of 4 recommended grant applications shall be submitted to the Iowa 5 cultural trust board of trustees for approval. 6 (5) Monitor the allocation and use of grant moneys by all 7 qualified organizations to determine whether moneys are used 8 in accordance with the provisions of this paragraph “b” and 9 subchapter II, part 30 . The authority shall annually submit 10 a report with the authority’s findings and recommendations to 11 the Iowa cultural trust board of trustees prior to final board 12 action in approving grants for the next succeeding fiscal year. 13 Sec. 150. Section 15.116, Code 2024, is amended to read as 14 follows: 15 15.116 Technology commercialization committee. 16 To evaluate and make recommendations to the authority 17 on appropriate funding for the projects and programs 18 applying for financial assistance from the innovation 19 and commercialization development fund created in section 20 15.412 , the economic development authority shall create a 21 technology commercialization committee composed of members 22 with expertise in the areas of biosciences, engineering, 23 manufacturing, pharmaceuticals, materials, information 24 solutions, software, and energy. At least one member of the 25 technology commercialization committee shall be a member of the 26 economic development authority. An organization designated by 27 the authority, composed of members from both the public and 28 private sectors and composed of subunits or subcommittees in 29 the areas of already identified bioscience platforms, education 30 and workforce development, commercialization, communication, 31 policy and governance, and finance, shall provide funding 32 recommendations to the technology commercialization committee. 33 Members of the committee shall be eligible for a per diem as 34 specified in section 7E.6 for each day spent in performance of 35 -58- SF 2385.4200 (1) 90 ss/ns 58/ 234
duties as members, and shall receive compensation for mileage 1 to and from meetings. 2 Sec. 151. Section 15.117A, subsection 2, paragraph a, 3 unnumbered paragraph 1, Code 2024, is amended to read as 4 follows: 5 Twenty-nine Nine voting members as follows: 6 Sec. 152. Section 15.117A, subsection 2, paragraph a, 7 subparagraphs (1), (3), and (9), Code 2024, are amended to read 8 as follows: 9 (1) Twenty Three members selected by the board to serve 10 staggered, two-year terms beginning and ending as provided 11 in section 69.19 . Of the members selected by the board, 12 fourteen shall be representatives from businesses in the 13 targeted industries and six shall be individuals who serve 14 on the technology commercialization committee created in 15 section 15.116 , or other committees of the board, and who 16 have expertise with the targeted industries. At least ten of 17 the members selected pursuant to this subparagraph shall be 18 executives actively engaged in the management of a business in 19 a targeted industry. The members selected pursuant to this 20 paragraph subparagraph shall have expertise in the targeted 21 industries and reflect the size and diversity of businesses in 22 the targeted industries and of the various geographic areas of 23 the state . 24 (3) The director of the authority , or the director’s 25 designee . 26 (9) Two One community college presidents from 27 geographically diverse areas of the state president , selected 28 by the Iowa association of community college trustees. 29 Sec. 153. Section 15.117A, subsection 2, paragraph a, 30 subparagraphs (2) and (4), Code 2024, are amended by striking 31 the subparagraphs. 32 Sec. 154. Section 15.117A, subsection 4, Code 2024, is 33 amended to read as follows: 34 4. The chief technology officer appointed pursuant to 35 -59- SF 2385.4200 (1) 90 ss/ns 59/ 234
section 15.117 council shall be select the chairperson of the 1 council and , who shall be responsible for convening meetings of 2 the council and coordinating its activities and shall convene 3 the council at least annually . The council shall annually 4 elect one of the voting members to serve as vice chairperson. 5 A majority of the members of the council constitutes a quorum. 6 However, the chief technology officer chairperson shall not 7 convene a meeting of the council unless the director of the 8 authority, or the director’s designee, is present at the 9 meeting. 10 Sec. 155. Section 15.117A, subsection 6, paragraphs a, b, 11 and d, Code 2024, are amended by striking the paragraphs. 12 Sec. 156. Section 15.117A, Code 2024, is amended by adding 13 the following new subsection: 14 NEW SUBSECTION . 7. A committee appointed by the 15 director and the chairperson of the council shall review and 16 make recommendations on all applications received by the 17 authority for financial assistance under the Iowa strategic 18 infrastructure program pursuant to section 15.313. Persons 19 appointed to a committee pursuant to this subsection are not 20 required to be members of the council. 21 Sec. 157. Section 15.439, subsection 1, paragraphs a, c, d, 22 and e, Code 2024, are amended to read as follows: 23 a. The authority shall establish and administer an Iowa 24 great places program for purposes of combining resources of 25 state government in an effort to showcase the unique and 26 authentic qualities of communities, regions, neighborhoods, and 27 districts that make such places exceptional places to work and 28 live. The authority shall provide administrative assistance to 29 the Iowa great places board. The authority shall coordinate 30 the efforts of the Iowa great places board with the efforts of 31 other state agencies participating in the program which shall 32 include but not be limited to the Iowa finance authority, the 33 department of health and human services, the department of 34 natural resources, the state department of transportation, and 35 -60- SF 2385.4200 (1) 90 ss/ns 60/ 234
the department of workforce development. 1 c. Initially, three Iowa great places projects shall be 2 identified by the Iowa great places board. The board authority 3 may identify additional Iowa great places for participation 4 under the program when places develop dimensions and meet 5 readiness criteria for participation under the program. 6 d. The authority shall work in cooperation with the enhance 7 Iowa board for purposes of maximizing and leveraging moneys 8 appropriated to identified Iowa great places. 9 e. d. As a condition of receiving state funds, an 10 identified Iowa great place shall present information to the 11 board authority concerning the proposed activities and total 12 financial needs of the project. 13 Sec. 158. Section 15.439, subsection 2, Code 2024, is 14 amended by striking the subsection. 15 Sec. 159. Section 15.439, subsections 3 and 4, Code 2024, 16 are amended to read as follows: 17 3. The board authority shall do all of the following: 18 a. Organize. 19 b. a. Identify Iowa great places for purposes of receiving 20 a package of resources under the program. 21 c. b. Identify a combination of state resources which can 22 be provided to Iowa great places. 23 4. Notwithstanding any restriction, requirement, or 24 duty to the contrary, in considering an application for a 25 grant, loan, or other financial or technical assistance for a 26 project identified in an Iowa great places agreement developed 27 pursuant to this section , a state agency shall give additional 28 consideration or additional points in the application of rating 29 or evaluation criteria to such applications. This subsection 30 applies to applications filed within three years of the Iowa 31 great places board’s authority’s identification of the project 32 for participation in the program. 33 Sec. 160. Section 15.478, subsection 1, Code 2024, is 34 amended by striking the subsection. 35 -61- SF 2385.4200 (1) 90 ss/ns 61/ 234
Sec. 161. Section 15.479, subsection 4, Code 2024, is 1 amended to read as follows: 2 4. The treasurer of state shall act as custodian of the 3 fund, shall invest moneys in the trust fund, and shall transfer 4 the interest attributable to the investment of trust fund 5 moneys to the grant account created in section 15.482 . The 6 trust fund’s principal shall not be used or accessed by the 7 department or the board authority for any purpose. 8 Sec. 162. Section 15.481, unnumbered paragraph 1, Code 9 2024, is amended to read as follows: 10 The board authority shall do any or all of the following: 11 Sec. 163. Section 15.481, subsections 2 and 3, Code 2024, 12 are amended to read as follows: 13 2. Approve or disapprove the grants recommended for 14 approval by the director, in consultation with the Iowa arts 15 council and the state historical society of Iowa, in accordance 16 with section 15.108, subsection 8 , paragraph “b” . The board 17 authority may remove any recommendation from the list, but 18 shall not add to or otherwise amend the list of recommended 19 grants. 20 3. Upon approving a grant, the board authority shall certify 21 to the treasurer of state the amount of financial assistance 22 payable from the grant account to the qualified organization 23 whose grant application is approved. 24 Sec. 164. Section 15.482, subsections 1 and 3, Code 2024, 25 are amended to read as follows: 26 1. An Iowa cultural trust grant account is created in 27 the office of the treasurer of state under the control of 28 the board authority to receive interest attributable to the 29 investment of trust fund moneys as required by section 15.479, 30 subsection 4 . The moneys in the grant account are appropriated 31 to the board authority for purposes of the Iowa cultural trust 32 created in section 15.479 . Moneys in the grant account shall 33 not be subject to appropriation for any other purpose by the 34 general assembly, but shall be used only for the purposes of 35 -62- SF 2385.4200 (1) 90 ss/ns 62/ 234
the Iowa cultural trust. The treasurer of state shall act as 1 custodian of the grant account and disburse moneys contained 2 in the grant account as directed by the board authority . The 3 board authority shall make expenditures from the grant account 4 consistent with the purposes of the Iowa cultural trust. 5 3. At any time when the principal balance in the trust fund 6 equals or exceeds three million dollars, the board authority 7 may use moneys in the grant account for a statewide educational 8 program to promote participation in, expanded support of, and 9 local endowment building for, Iowa nonprofit arts, history, and 10 sciences and humanities organizations. 11 Sec. 165. Section 15F.101, subsection 2, Code 2024, is 12 amended to read as follows: 13 2. “Board” means the enhance Iowa economic development 14 authority board as created in section 15F.102 15.105 . 15 Sec. 166. Section 15F.203, subsection 2, Code 2024, is 16 amended to read as follows: 17 2. A review committee composed of five members of the 18 board shall review community attraction and tourism program 19 applications forwarded to the board and make recommendations 20 regarding the applications to the board. The review committee 21 shall consist of members of the board, with one member from 22 each congressional district under section 15F.102, subsection 23 2 , paragraph “a” , and one member from the state at large under 24 section 15F.102, subsection 2 , paragraph “b” . 25 Sec. 167. Section 15F.304, subsection 2, Code 2024, is 26 amended to read as follows: 27 2. A review committee composed of six members of the 28 board shall review vision Iowa program applications and 29 river enhancement community attraction and tourism project 30 applications forwarded to the board and make recommendations 31 regarding the applications to the board. The review committee 32 shall consist of members of the board, with one member from 33 each congressional district under section 15F.102, subsection 34 2 , paragraph “a” , and two members from the state at large under 35 -63- SF 2385.4200 (1) 90 ss/ns 63/ 234
section 15F.102, subsection 2 , paragraph “b” . 1 Sec. 168. Section 15F.402, subsection 2, Code 2024, is 2 amended to read as follows: 3 2. A review committee composed of five members of the 4 board shall review sports tourism marketing and infrastructure 5 program applications forwarded to the board and make 6 recommendations regarding the applications to the authority. 7 The review committee shall consist of members of the board, 8 with one member from each congressional district under section 9 15F.102, subsection 2 , paragraph “a” , and one member from the 10 state at large under section 15F.102, subsection 2 , paragraph 11 “b” . 12 Sec. 169. Section 15H.3, subsection 1, paragraphs e and k, 13 Code 2024, are amended by striking the paragraphs. 14 Sec. 170. Section 16.2D, subsections 1, 2, 3, 4, 5, and 6, 15 Code 2024, are amended by striking the subsections. 16 Sec. 171. Section 16.2D, subsection 7, unnumbered paragraph 17 1, Code 2024, is amended to read as follows: 18 The duties of the council authority under this section shall 19 include but are not limited to the following: 20 Sec. 172. Section 16.2D, subsection 7, paragraph e, Code 21 2024, is amended to read as follows: 22 e. Advise the governor’s office, the authority, state 23 agencies, and private organizations on strategies to prevent 24 and eliminate homelessness. 25 Sec. 173. Section 16.2D, subsections 8, 9, and 10, Code 26 2024, are amended to read as follows: 27 8. The council authority shall file a point-in-time report 28 on homelessness in Iowa with the governor and the general 29 assembly on or before December 1 of each year. 30 9. a. The authority , in consultation with the council, 31 shall adopt rules pursuant to chapter 17A for carrying out the 32 duties of the council authority pursuant to this section . 33 b. The council authority shall establish internal rules of 34 procedure consistent with the provisions of this section . 35 -64- SF 2385.4200 (1) 90 ss/ns 64/ 234
c. Rules adopted or internal rules of procedure established 1 pursuant to paragraph “a” or “b” shall be consistent with the 2 requirements of the federal McKinney-Vento Homeless Assistance 3 Act, 42 U.S.C. §11301 et seq. 4 10. The council authority shall comply with the 5 requirements of chapters 21 and 22 . The authority shall be the 6 official repository of council records. 7 Sec. 174. Section 20.1, subsection 2, unnumbered paragraph 8 1, Code 2024, is amended to read as follows: 9 The general assembly declares that the purposes of the 10 public employment relations board established by employment 11 appeal board with respect to this chapter are to implement 12 the provisions of this chapter and adjudicate and conciliate 13 employment-related cases involving the state of Iowa and 14 other public employers and employee organizations. For these 15 purposes the powers and duties of the board include but are not 16 limited to the following: 17 Sec. 175. Section 20.3, subsection 2, Code 2024, is amended 18 to read as follows: 19 2. “Board” means the public employment relations appeal 20 board established under section 20.5 10A.601 . 21 Sec. 176. Section 20.6, subsection 1, Code 2024, is amended 22 to read as follows: 23 1. Administer the provisions of this chapter and delegate 24 the powers and duties of the board to the executive director or 25 persons employed by the board, as appropriate. 26 Sec. 177. Section 22.7, subsection 69, Code 2024, is amended 27 to read as follows: 28 69. The evidence of public employee support for 29 the certification, retention and recertification, or 30 decertification of an employee organization as defined in 31 section 20.3 that is submitted to the public employment 32 relations appeal board as provided in section 20.14 or 20.15 . 33 Sec. 178. Section 23A.2, subsection 6, paragraph a, Code 34 2024, is amended to read as follows: 35 -65- SF 2385.4200 (1) 90 ss/ns 65/ 234
a. The director of the department of corrections , with the 1 advice of the state prison industries advisory board, may, by 2 rule, provide for exemptions from this chapter . 3 Sec. 179. Section 35A.2, subsection 2, Code 2024, is amended 4 to read as follows: 5 2. Ten commissioners shall be honorably discharged members 6 of the armed forces of the United States. The American 7 legion of Iowa , disabled American veterans department of Iowa , 8 veterans of foreign wars department of Iowa , American veterans 9 of World War II, Korea, and Vietnam , the Vietnam veterans of 10 America, the military order of the purple heart, the paralyzed 11 veterans of America, and the Iowa association of county 12 commissioners and veteran service officers, through their 13 department commanders, shall submit two names respectively from 14 their organizations to the governor. The adjutant general and 15 the Iowa affiliate of the reserve officers association shall 16 may submit names to the governor of persons to represent the 17 Iowa national guard and the association reserve organization 18 of America . The governor shall appoint from the group of 19 names submitted by the adjutant general and reserve officers 20 association two representatives and from each of the other 21 organizations one representative to serve as a member of the 22 commission, unless the appointments would conflict with the 23 bipartisan and gender balance provisions of sections 69.16 and 24 69.16A . In addition, the governor shall appoint one member 25 of the public, knowledgeable in the general field of veterans 26 affairs, to serve on the commission. If an organization fails 27 to submit a recommendation pursuant to this subsection, the 28 governor may appoint any person to fill the vacancy. 29 Sec. 180. Section 68B.2, subsection 23, Code 2024, is 30 amended to read as follows: 31 23. “Regulatory agency” means the department of agriculture 32 and land stewardship, department of workforce development, 33 department of insurance and financial services, department 34 of public safety, department of education, state board of 35 -66- SF 2385.4200 (1) 90 ss/ns 66/ 234
regents, department of health and human services, department 1 of revenue, department of inspections, appeals, and licensing, 2 department of administrative services, public employment 3 relations appeal board, state department of transportation, 4 civil rights commission office of civil rights , department of 5 public defense, department of homeland security and emergency 6 management, Iowa ethics and campaign disclosure board, 7 utilities board, and department of natural resources. 8 Sec. 181. Section 68B.35, subsection 2, paragraph e, Code 9 2024, is amended to read as follows: 10 e. Members of the state banking council, the Iowa ethics and 11 campaign disclosure board, the credit union review board, the 12 economic development authority, the employment appeal board, 13 the environmental protection commission, the health facilities 14 council, the Iowa finance authority, the Iowa public employees’ 15 retirement system investment board, the Iowa lottery board 16 created in section 99G.8 , the natural resource commission, 17 the board of parole, the petroleum underground storage tank 18 fund board, the public employment relations board, the state 19 racing and gaming commission, the state board of regents, the 20 transportation commission, the office of consumer advocate, the 21 utilities board, the Iowa telecommunications and technology 22 commission, and any full-time members of other boards and 23 commissions as defined under section 7E.4 who receive an annual 24 salary for their service on the board or commission. The Iowa 25 ethics and campaign disclosure board shall conduct an annual 26 review to determine if members of any other board, commission, 27 or authority should file a statement and shall require the 28 filing of a statement pursuant to rules adopted pursuant to 29 chapter 17A . 30 Sec. 182. Section 70A.28, subsection 6, Code 2024, is 31 amended to read as follows: 32 6. Subsection 2 may also be enforced by an employee through 33 an administrative action pursuant to the requirements of this 34 subsection if the employee is not a merit system employee or 35 -67- SF 2385.4200 (1) 90 ss/ns 67/ 234
an employee covered by a collective bargaining agreement. An 1 employee eligible to pursue an administrative action pursuant 2 to this subsection who is discharged, suspended, demoted, 3 or otherwise receives a reduction in pay and who believes 4 the adverse employment action was taken as a result of the 5 employee’s disclosure of information that was authorized 6 pursuant to subsection 2 , may file an appeal of the adverse 7 employment action with the public employment relations appeal 8 board within thirty calendar days following the later of the 9 effective date of the action or the date a finding is issued 10 to the employee by the office of ombudsman pursuant to section 11 2C.11A . The findings issued by the ombudsman may be introduced 12 as evidence before the public employment relations appeal 13 board. The employee has the right to a hearing closed to 14 the public, but may request a public hearing. The hearing 15 shall otherwise be conducted in accordance with the rules of 16 the public employment relations appeal board and the Iowa 17 administrative procedure Act, chapter 17A . If the public 18 employment relations appeal board finds that the action taken 19 in regard to the employee was in violation of subsection 2 , the 20 employee may be reinstated without loss of pay or benefits for 21 the elapsed period, or the public employment relations appeal 22 board may provide other appropriate remedies. Decisions by 23 the public employment relations appeal board constitute final 24 agency action. 25 Sec. 183. Section 80.28, subsections 2 and 3, Code 2024, are 26 amended to read as follows: 27 2. The board shall consist of nineteen voting members, as 28 follows the following members, selected by the governor after 29 considering recommendations from professional or volunteer 30 organizations : 31 a. The following members representing state agencies: 32 (1) One member representing the department of public 33 safety. 34 (2) One member representing the state department of 35 -68- SF 2385.4200 (1) 90 ss/ns 68/ 234
transportation. 1 (3) One member representing the department of homeland 2 security and emergency management. 3 (4) One member representing the department of corrections. 4 (5) One member representing the department of natural 5 resources. 6 (6) One member representing the department of health and 7 human services. 8 (7) One member representing the office of the chief 9 information officer created in section 8B.2 . 10 (8) One member representing the Iowa law enforcement 11 academy created in section 80B.4 . 12 b. The governor shall solicit and consider recommendations 13 from professional or volunteer organizations in appointing the 14 following members: 15 (1) Two members who are representatives One member who is a 16 representative from a municipal police departments department . 17 (2) b. Two members who are representatives One member who 18 is a representative of a sheriff’s offices office . 19 (3) c. Two members who are representatives One member who 20 is a representative from a fire departments department . One 21 of the members shall be a volunteer fire fighter and the other 22 member shall be a paid fire fighter. 23 (4) d. Two members who are One member who is a law 24 communication center managers manager employed by a state or 25 local government agencies agency . 26 (5) e. One member representing local emergency management 27 coordinators. 28 (6) f. One member representing emergency medical service 29 providers. 30 (7) g. One at-large member. 31 3. In addition to the voting members listed in subsection 32 2 , the board membership shall include four members of the 33 general assembly with one member designated by each of 34 the following: the majority leader of the senate, the 35 -69- SF 2385.4200 (1) 90 ss/ns 69/ 234
minority leader of the senate, the speaker of the house of 1 representatives, and the minority leader of the house of 2 representatives. A legislative member serves for a term as 3 provided in section 69.16B in an ex officio, nonvoting capacity 4 and is eligible for per diem and expenses as provided in 5 section 2.10 . 6 Sec. 184. Section 84A.1A, subsection 1, unnumbered 7 paragraph 1, Code 2024, is amended to read as follows: 8 An Iowa workforce development board is created, consisting 9 of thirty-three voting members and thirteen nonvoting the 10 following members. 11 Sec. 185. Section 84A.1A, subsection 1, paragraph a, 12 subparagraph (5), Code 2024, is amended by striking the 13 subparagraph. 14 Sec. 186. Section 84A.1A, subsection 1, paragraph a, 15 subparagraph (8), unnumbered paragraph 1, Code 2024, is amended 16 to read as follows: 17 The following twenty-six members who shall be appointed by 18 the governor for staggered terms of four years beginning and 19 ending as provided in section 69.19 , subject to confirmation 20 by the senate: 21 Sec. 187. Section 84A.1A, subsection 1, paragraph a, 22 subparagraph (8), subparagraph division (a), unnumbered 23 paragraph 1, Code 2024, is amended to read as follows: 24 Seventeen Ten members who shall be representatives of 25 businesses in the state to whom each of the following applies , 26 and at least one of whom shall represent small businesses as 27 defined by the United States small business administration : 28 Sec. 188. Section 84A.1A, subsection 1, paragraph a, 29 subparagraph (8), subparagraph division (b), Code 2024, is 30 amended to read as follows: 31 (b) Seven Four members who shall be representatives of 32 the workforce in the state and who shall include all of the 33 following: 34 (i) Four At least two representatives of labor 35 -70- SF 2385.4200 (1) 90 ss/ns 70/ 234
organizations who have been nominated by state labor 1 federations. 2 (ii) One At least one representative of a joint 3 labor-management apprenticeship program in the state who shall 4 be a member of a labor organization or a training director. If 5 such a joint program does not exist in the state, the member 6 shall instead be a representative of an apprenticeship program 7 in the state. 8 (iii) Two representatives of community-based organizations 9 that have demonstrated experience and expertise in addressing 10 the employment, training, or education needs of individuals 11 with barriers to employment as defined in the federal Workforce 12 Innovation and Opportunity Act , Pub. L. No. 113-128, §3(24) , 13 including but not limited to organizations that serve veterans 14 or that provide or support competitive, integrated employment 15 for individuals with disabilities; or that serve eligible 16 youth, as defined in the federal Workforce Innovation and 17 Opportunity Act , Pub. L. No. 113-128, §3(18) , including 18 representatives of organizations that serve out-of-school 19 youth, as defined in the federal Workforce Innovation and 20 Opportunity Act , Pub. L. No. 113-128, §129(a)(1)(B) . 21 Sec. 189. Section 84A.1A, subsection 1, paragraph b, Code 22 2024, is amended by striking the paragraph and inserting in 23 lieu thereof the following: 24 b. The director of the department of education or the 25 director’s designee shall serve as an ex officio, nonvoting 26 member. 27 Sec. 190. Section 97B.8B, subsection 2, Code 2024, is 28 amended to read as follows: 29 2. Membership. The benefits advisory committee shall be 30 comprised of representatives of constituent groups concerned 31 with the retirement system, and shall include representatives 32 of employers, active members, and retired members. In 33 addition, the director of the department of administrative 34 services , or the director’s designee, and a member of the 35 -71- SF 2385.4200 (1) 90 ss/ns 71/ 234
public selected by the voting members of the committee shall 1 serve as members of the committee. The system shall adopt 2 rules under chapter 17A to provide for the selection of members 3 to the committee and the election of the voting members of the 4 committee. 5 Sec. 191. Section 100B.1, subsection 1, paragraph a, Code 6 2024, is amended to read as follows: 7 a. The council shall consist of eleven seven voting members 8 and one ex officio, nonvoting member. Voting members of the 9 state fire service and emergency response council shall be 10 appointed by the governor. 11 (1) The governor shall appoint consider appointing voting 12 members of the council from a list of nominees submitted by 13 each of the following organizations , but may appoint any person 14 to serve on the council : 15 (a) Two members from a list submitted by the The Iowa 16 firefighters association. 17 (b) Two members from a list submitted by the The Iowa fire 18 chiefs’ association. 19 (c) Two members from a list submitted by the The Iowa 20 professional fire fighters. 21 (d) Two members from a list submitted by the The Iowa 22 association of professional fire chiefs. 23 (e) One member from a list submitted by the The Iowa 24 emergency medical services association. 25 (2) A person nominated for inclusion in the voting 26 membership on the council is not required to be a member of the 27 organization that nominates the person. 28 (3) The tenth and eleventh voting members of the council 29 shall be members of the general public appointed by the 30 governor. 31 (4) (2) The labor commissioner, or the labor commissioner’s 32 designee, shall be a nonvoting, ex officio member of the 33 council. 34 Sec. 192. Section 100B.1, subsection 3, Code 2024, is 35 -72- SF 2385.4200 (1) 90 ss/ns 72/ 234
amended to read as follows: 1 3. Six Four voting members of the council shall constitute 2 a quorum. For the purpose of conducting business, a majority 3 vote of the council shall be required. The council shall elect 4 a chairperson from its members. The council shall meet at the 5 call of the chairperson, or the state fire marshal, or when any 6 six four members of the council file a written request with the 7 chairperson for a meeting. 8 Sec. 193. Section 100C.1, subsection 5, Code 2024, is 9 amended to read as follows: 10 5. “Automatic fire extinguishing system” means a system of 11 devices and equipment that automatically detects a fire and 12 discharges an approved fire extinguishing agent onto or in 13 the area of a fire and includes automatic sprinkler systems, 14 carbon dioxide extinguishing systems, deluge systems, automatic 15 dry-chemical extinguishing systems, foam extinguishing systems, 16 and halogenated extinguishing systems, or other equivalent fire 17 extinguishing technologies recognized by the fire extinguishing 18 system contractors advisory board department . 19 Sec. 194. Section 100C.7, Code 2024, is amended to read as 20 follows: 21 100C.7 Administration —— rules. 22 The director shall administer this chapter and , after 23 consultation with the fire extinguishing system contractors and 24 alarm systems advisory board, shall adopt rules pursuant to 25 chapter 17A necessary for the administration and enforcement of 26 this chapter . 27 Sec. 195. Section 100D.5, subsection 1, Code 2024, is 28 amended to read as follows: 29 1. After consultation with the fire extinguishing system 30 contractors and alarm systems advisory board established 31 pursuant to section 100C.10 , adopt Adopt rules pursuant to 32 chapter 17A necessary for the administration and enforcement of 33 this chapter . 34 Sec. 196. Section 123.8, subsection 1, Code 2024, is amended 35 -73- SF 2385.4200 (1) 90 ss/ns 73/ 234
to read as follows: 1 1. The commission, in addition to the duties specifically 2 enumerated in this chapter , shall act as a policy-making body 3 under this chapter and serve in an advisory capacity to the 4 director and department. 5 Sec. 197. Section 123.8, subsection 2, unnumbered paragraph 6 1, Code 2024, is amended to read as follows: 7 The commission may review and affirm, reverse, or amend all 8 provide advice and make recommendations regarding the actions 9 of the director under this chapter , including but not limited 10 to the following instances: 11 Sec. 198. Section 123.10, unnumbered paragraph 1, Code 12 2024, is amended to read as follows: 13 The director, with the approval advice of the commission and 14 subject to chapter 17A , may adopt rules as necessary to carry 15 out this chapter . The director’s authority under this chapter 16 extends to , but is not limited to , the following: 17 Sec. 199. Section 123.49, subsection 2, paragraph f, 18 subparagraph (4), Code 2024, is amended to read as follows: 19 (4) If a person employed under this paragraph reports an 20 incident of workplace harassment to the employer or if the 21 employer otherwise becomes aware of such an incident, the 22 employer shall report the incident to the employee’s parent, 23 guardian, or legal custodian and to the Iowa office of civil 24 rights commission , which shall determine if any action is 25 necessary or appropriate under chapter 216 . 26 Sec. 200. Section 124.551, subsection 1, Code 2024, is 27 amended to read as follows: 28 1. Contingent upon the receipt of funds pursuant to 29 section 124.557 sufficient to carry out the purposes of 30 this subchapter , the board, in conjunction with the advisory 31 council committee created in section 124.555 , shall establish 32 and maintain an information program for drug prescribing and 33 dispensing. 34 Sec. 201. Section 124.553, subsection 1, paragraph b, Code 35 -74- SF 2385.4200 (1) 90 ss/ns 74/ 234
2024, is amended to read as follows: 1 b. An individual who requests the individual’s own program 2 information in accordance with the procedure established in 3 rules of the board and advisory council adopted under section 4 124.554 . 5 Sec. 202. Section 124.554, subsection 1, unnumbered 6 paragraph 1, Code 2024, is amended to read as follows: 7 The board and advisory council shall jointly adopt rules in 8 accordance with chapter 17A to carry out the purposes of, and 9 to enforce the provisions of, this subchapter . The rules shall 10 include but not be limited to the development of procedures 11 relating to: 12 Sec. 203. Section 124.554, subsection 1, paragraphs f, g, 13 and h, Code 2024, are amended to read as follows: 14 f. Use by the board or advisory council committee of the 15 program request records required by section 124.553, subsection 16 2 , to document and report statistical information. 17 g. Including all schedule II, schedule III, and schedule 18 IV controlled substances, schedule V controlled substances 19 including when dispensed by a pharmacist without a prescription 20 except for sales of pseudoephedrine that are reported to the 21 real-time electronic repository, opioid antagonists, and other 22 prescription substances that the advisory council committee and 23 board determine can be addictive or fatal if not taken under 24 the proper care and direction of a prescribing practitioner. 25 h. Access by a pharmacist or prescribing practitioner to 26 information in the program pursuant to a written agreement with 27 the board and advisory council . 28 Sec. 204. Section 124.554, subsection 2, unnumbered 29 paragraph 1, Code 2024, is amended to read as follows: 30 Beginning February 1, 2021, and annually by February 1 31 thereafter, the board and advisory council shall present to the 32 general assembly and the governor a report prepared consistent 33 with section 124.555, subsection 3 , paragraph “d” , which shall 34 include but not be limited to the following: 35 -75- SF 2385.4200 (1) 90 ss/ns 75/ 234
Sec. 205. Section 124.554, subsection 2, paragraphs b and c, 1 Code 2024, are amended to read as follows: 2 b. Information from pharmacies, prescribing practitioners, 3 the board, the advisory council committee , and others regarding 4 the benefits or detriments of the program. 5 c. Information from pharmacies, prescribing practitioners, 6 the board, the advisory council committee , and others regarding 7 the board’s effectiveness in providing information from the 8 program. 9 Sec. 206. Section 124.554, subsection 3, paragraph a, 10 subparagraph (6), Code 2024, is amended to read as follows: 11 (6) Other pertinent information identified by the board and 12 advisory council by rule. 13 Sec. 207. Section 124.555, unnumbered paragraph 1, Code 14 2024, is amended to read as follows: 15 An advisory council committee shall be established to 16 provide oversight to assist the board and in the management of 17 the program and to comanage program activities. 18 Sec. 208. Section 124.555, subsections 1 and 2, Code 2024, 19 are amended to read as follows: 20 1. The council committee shall consist of five members 21 appointed by the board. The members shall include at least 22 one licensed pharmacist prescribing practitioner licensed 23 by the board , one physician licensed under chapter 148 , one 24 prescribing practitioner licensed by the board of nursing , and 25 one licensed prescribing practitioner who is not a physician, 26 and other members as determined by the board. The board 27 shall adopt rules in accordance with chapter 17A on matters 28 pertaining to the council committee membership, including the 29 terms of appointment and quorum. The board shall solicit 30 recommendations for council committee members from Iowa health 31 professional licensing boards, associations, and societies. 32 The license of each member appointed to and serving on the 33 advisory council committee shall be current and in good 34 standing with the professional’s licensing board. 35 -76- SF 2385.4200 (1) 90 ss/ns 76/ 234
2. The council committee shall advance the goals of the 1 program, which include identification of misuse and diversion 2 of controlled substances identified pursuant to section 3 124.554, subsection 1 , paragraph “g” , and enhancement of the 4 quality of health care delivery in this state. 5 Sec. 209. Section 124.555, subsection 3, unnumbered 6 paragraph 1, Code 2024, is amended to read as follows: 7 Duties of the council committee shall include but not be 8 limited to the following: 9 Sec. 210. Section 124.555, subsection 3, paragraph d, Code 10 2024, is amended to read as follows: 11 d. Making recommendations regarding the continued benefits 12 of maintaining the program in relationship to cost and other 13 burdens to the patient, prescribing practitioner, pharmacist, 14 and the board. The council’s committee’s recommendations shall 15 be included in reports required by section 124.554, subsection 16 2 . 17 Sec. 211. Section 124.555, subsection 4, Code 2024, is 18 amended to read as follows: 19 4. Members of the advisory council committee shall 20 be eligible to request and receive actual expenses for 21 their duties as members of the advisory council committee , 22 subject to reimbursement limits imposed by the department of 23 administrative services, and shall also be eligible to receive 24 a per diem compensation as provided in section 7E.6, subsection 25 1 . 26 Sec. 212. Section 124.556, Code 2024, is amended to read as 27 follows: 28 124.556 Education and treatment. 29 The program shall include education initiatives and outreach 30 to consumers, prescribing practitioners, and pharmacists, and 31 shall also include assistance for identifying substance use 32 disorder treatment programs and providers. The program shall 33 also include educational updates and information on general 34 patient risk factors for prescribing practitioners. The board 35 -77- SF 2385.4200 (1) 90 ss/ns 77/ 234
and advisory council shall adopt rules, as provided under 1 section 124.554 , to implement this section . 2 Sec. 213. Section 135.11, subsection 22, Code 2024, is 3 amended to read as follows: 4 22. In consultation with the advisory committee for 5 perinatal guidelines, develop Develop and maintain the 6 statewide perinatal program based on the recommendations of 7 the American academy of pediatrics and the American college 8 of obstetricians and gynecologists contained in the most 9 recent edition of the guidelines for perinatal care, and 10 adopt rules in accordance with chapter 17A to implement those 11 recommendations. Hospitals within the state shall determine 12 whether to participate in the statewide perinatal program, 13 and select the hospital’s level of participation in the 14 program. A hospital having determined to participate in the 15 program shall comply with the guidelines appropriate to the 16 level of participation selected by the hospital. Perinatal 17 program surveys and reports are privileged and confidential 18 and are not subject to discovery, subpoena, or other means 19 of legal compulsion for their release to a person other than 20 the affected hospital, and are not admissible in evidence in a 21 judicial or administrative proceeding other than a proceeding 22 involving verification of the participating hospital under this 23 subsection . 24 Sec. 214. Section 135.43, subsections 1 and 2, Code 2024, 25 are amended to read as follows: 26 1. An Iowa child death A state mortality review team 27 committee is established in the department. The department 28 shall provide staffing and administrative support to the team 29 committee . 30 2. The membership of the review team committee is subject 31 to the provisions of sections 69.16 and 69.16A , relating 32 to political affiliation and gender balance. Review team 33 committee members who are not designated by another appointing 34 authority shall be appointed by the director. Membership terms 35 -78- SF 2385.4200 (1) 90 ss/ns 78/ 234
shall be for three years. A membership vacancy shall be filled 1 in the same manner as the original appointment. The review 2 team committee shall elect a chairperson and other officers 3 as deemed necessary by the review team committee . The review 4 team committee shall meet upon the call of the director or 5 as determined by the review team committee . The review team 6 committee shall include the following: 7 a. The state medical examiner or the state medical 8 examiner’s designee. 9 b. A certified or licensed professional who is knowledgeable 10 concerning sudden infant death syndrome. 11 c. A pediatrician who is knowledgeable concerning deaths of 12 children. 13 d. A family practice physician who is knowledgeable 14 concerning deaths of children. 15 e. One mental health professional who is knowledgeable 16 concerning deaths of children. 17 f. One social worker who is knowledgeable concerning deaths 18 of children. 19 g. A certified or licensed professional who is knowledgeable 20 concerning domestic violence. 21 h. A professional who is knowledgeable concerning substance 22 use disorder. 23 i. A local law enforcement official. 24 j. A county attorney. 25 k. An emergency room nurse who is knowledgeable concerning 26 the deaths of children. 27 l. A perinatal expert. 28 m. A representative of the health insurance industry. 29 n. One other member who is appointed at large. 30 b. A licensed physician knowledgeable concerning the causes 31 of death. 32 c. A certified or licensed professional knowledgeable 33 regarding substance use disorder. 34 d. An attorney experienced in prosecuting domestic abuse 35 -79- SF 2385.4200 (1) 90 ss/ns 79/ 234
cases. 1 e. An expert in unexpected or unexplained infant deaths. 2 f. A clerk of a district court, to be appointed by the chief 3 justice of the supreme court. 4 g. A judicial officer, to be appointed by the chief justice 5 of the supreme court. 6 h. A local law enforcement official. 7 i. A social worker knowledgeable about deaths of children. 8 j. Additional members as determined by the director. 9 Sec. 215. Section 135.43, subsection 3, unnumbered 10 paragraph 1, Code 2024, is amended to read as follows: 11 The review team committee shall perform the following 12 duties: 13 Sec. 216. Section 135.43, subsection 3, paragraphs a, c, e, 14 f, and g, Code 2024, are amended to read as follows: 15 a. Collect, review, and analyze child death certificates and 16 child death data, including patient records or other pertinent 17 confidential information concerning the deaths of children 18 under age eighteen, and other information as the review team 19 committee deems appropriate for use in preparing an annual 20 report to the governor and the general assembly concerning the 21 causes and manner of child deaths. The report shall include 22 analysis of factual information obtained through review and 23 recommendations regarding prevention of child deaths. 24 c. Recommend to the agencies represented on the review team 25 committee changes which may prevent child deaths. 26 e. Recommend to the department, appropriate law enforcement 27 agencies, and any other person involved with child protection, 28 interventions that may prevent harm to a child who is related 29 to or is living in the same home as a child whose case is 30 reviewed by the team committee . 31 f. If the sharing of information is necessary to assist in 32 or initiate a child death investigation or criminal prosecution 33 and the office or agency receiving the information does not 34 otherwise have access to the information, share information 35 -80- SF 2385.4200 (1) 90 ss/ns 80/ 234
possessed by the review team committee with the office of the 1 attorney general, a county attorney’s office, or an appropriate 2 law enforcement agency. The office or agency receiving 3 the information shall maintain the confidentiality of the 4 information in accordance with this section . Unauthorized 5 release or disclosure of the information received is subject to 6 penalty as provided in this section . 7 g. In order to assist the department in performing the 8 department’s duties, if the department does not otherwise have 9 access to the information, share information possessed by the 10 review team committee . The recipient of the information shall 11 maintain the confidentiality of the information in accordance 12 with this section . Unauthorized release or disclosure of the 13 information received is subject to penalty as provided in this 14 section . 15 Sec. 217. Section 135.43, subsection 4, unnumbered 16 paragraph 1, Code 2024, is amended to read as follows: 17 The department shall develop protocols for a child fatality 18 review committee, to be appointed by the director on an ad hoc 19 basis, the state mortality review committee to immediately 20 review the child abuse assessments which involve the fatality 21 of a child under age eighteen. The director shall appoint a 22 medical examiner, a pediatrician, and a person involved with 23 law enforcement to the committee. 24 Sec. 218. Section 135.43, subsection 4, paragraph a, Code 25 2024, is amended to read as follows: 26 a. The purpose of the review shall be to determine whether 27 the department and others involved with the case of child abuse 28 responded appropriately. The protocols shall provide for 29 the committee to consult with any multidisciplinary team, as 30 defined in section 235A.13 , that is operating in the area in 31 which the fatality occurred. The protocols shall also ensure 32 that a member of the child fatality review committee does not 33 have a conflict of interest regarding the child fatality under 34 review. 35 -81- SF 2385.4200 (1) 90 ss/ns 81/ 234
Sec. 219. Section 135.43, subsection 5, paragraph a, 1 unnumbered paragraph 1, Code 2024, is amended to read as 2 follows: 3 The following individuals shall designate a liaison 4 to assist the review team committee in fulfilling its 5 responsibilities: 6 Sec. 220. Section 135.43, subsection 5, paragraph b, Code 7 2024, is amended to read as follows: 8 b. In addition, the department shall designate a liaison 9 from the public at large to assist the review team committee in 10 fulfilling its responsibilities. 11 Sec. 221. Section 135.43, subsections 6, 7, and 8, Code 12 2024, are amended to read as follows: 13 6. The review team committee may establish subcommittees to 14 which the team committee may delegate some or all of the team’s 15 committee’s responsibilities under subsection 3 . 16 7. a. The department shall adopt rules providing for 17 disclosure of information which is confidential under chapter 18 22 or any other provision of state law, to the review team 19 committee for purposes of performing its child death and child 20 abuse review responsibilities. 21 b. A person in possession or control of medical, 22 investigative, assessment, or other information pertaining to a 23 child death and child abuse review shall allow the inspection 24 and reproduction of the information by the department 25 upon the request of the department, to be used only in the 26 administration and for the duties of the Iowa child death 27 state mortality review team committee . Except as provided 28 for a report on a child fatality by an ad hoc child fatality 29 review the committee under subsection 4 , information and 30 records produced under this section which are confidential 31 under section 22.7 and chapter 235A , and information or records 32 received from the confidential records, remain confidential 33 under this section . A person does not incur legal liability by 34 reason of releasing information to the department as required 35 -82- SF 2385.4200 (1) 90 ss/ns 82/ 234
under and in compliance with this section . 1 8. Review team committee members and their agents are immune 2 from any liability, civil or criminal, which might otherwise 3 be incurred or imposed as a result of any act, omission, 4 proceeding, decision, or determination undertaken or performed, 5 or recommendation made as a review team committee member or 6 agent provided that the review team committee members or agents 7 acted in good faith and without malice in carrying out their 8 official duties in their official capacity. The department 9 shall adopt rules pursuant to chapter 17A to administer 10 this subsection . A complainant bears the burden of proof in 11 establishing malice or lack of good faith in an action brought 12 against review team committee members involving the performance 13 of their duties and powers under this section . 14 Sec. 222. Section 135.108, Code 2024, is amended by adding 15 the following new subsection: 16 NEW SUBSECTION . 01. “Committee” or “review committee” means 17 the state mortality review committee established in section 18 135.43. 19 Sec. 223. Section 135.108, subsection 4, Code 2024, is 20 amended by striking the subsection. 21 Sec. 224. Section 135.110, subsection 1, unnumbered 22 paragraph 1, Code 2024, is amended to read as follows: 23 The review team committee shall perform the following 24 duties: 25 Sec. 225. Section 135.110, subsection 1, paragraphs b and c, 26 Code 2024, are amended to read as follows: 27 b. Advise and consult the agencies represented on the team 28 and other state agencies regarding program and regulatory 29 changes that may prevent domestic abuse deaths. 30 c. Develop protocols for domestic abuse death investigations 31 and team committee review. 32 Sec. 226. Section 135.110, subsections 2, 3, 4, 5, and 6, 33 Code 2024, are amended to read as follows: 34 2. In performing duties pursuant to subsection 1 , the 35 -83- SF 2385.4200 (1) 90 ss/ns 83/ 234
review team committee shall review the relationship between the 1 decedent victim and the alleged or convicted perpetrator from 2 the point where the abuse allegedly began, until the domestic 3 abuse death occurred, and shall review all relevant documents 4 pertaining to the relationship between the parties, including 5 but not limited to protective orders and dissolution, custody, 6 and support agreements and related court records, in order to 7 ascertain whether a correlation exists between certain events 8 in the relationship and any escalation of abuse, and whether 9 patterns can be established regarding such events in relation 10 to domestic abuse deaths in general. The review team committee 11 shall consider such conclusions in making recommendations 12 pursuant to subsection 1 . 13 3. The team committee shall meet upon the call of the 14 chairperson, upon the request of a state agency, or as 15 determined by a majority of the team committee . 16 4. The team committee shall annually elect a chairperson and 17 other officers as deemed necessary by the team committee . 18 5. The team committee may establish committees 19 subcommittees or panels to whom the team committee may assign 20 some or all of the team’s committee’s responsibilities. 21 6. Members of the team committee who are currently 22 practicing attorneys or current employees of the judicial 23 branch of state government shall not participate in the 24 following: 25 a. An investigation by the team committee that involves a 26 case in which the team committee member is presently involved 27 in the member’s professional capacity. 28 b. Development of protocols by the team committee for 29 domestic abuse death investigations and team committee review. 30 c. Development of regulatory changes related to domestic 31 abuse deaths. 32 Sec. 227. Section 135.111, subsection 1, Code 2024, is 33 amended to read as follows: 34 1. A person in possession or control of medical, 35 -84- SF 2385.4200 (1) 90 ss/ns 84/ 234
investigative, or other information pertaining to a domestic 1 abuse death and related incidents and events preceding the 2 domestic abuse death, shall allow for the inspection and review 3 of written or photographic information related to the death, 4 whether the information is confidential or public in nature, by 5 the department upon the request of the department and the team 6 committee , to be used only in the administration and for the 7 official duties of the team committee . Information and records 8 produced under this section that are confidential under the law 9 of this state or under federal law, or because of any legally 10 recognized privilege, and information or records received 11 from the confidential records, remain confidential under this 12 section . 13 Sec. 228. Section 135.112, Code 2024, is amended to read as 14 follows: 15 135.112 Rulemaking. 16 The department shall adopt rules pursuant to chapter 17A 17 relating to the administration of the domestic abuse death 18 review team committee and sections 135.108 through 135.111 . 19 Sec. 229. Section 147.13, subsection 21, Code 2024, is 20 amended by striking the subsection. 21 Sec. 230. Section 147.14, subsection 1, paragraphs b, d, e, 22 n, and s, Code 2024, are amended to read as follows: 23 b. For nursing, four three registered nurses, two one of 24 whom shall be actively engaged in practice, two one of whom 25 shall be a nurse educators educator from a nursing education 26 programs; of these, one in higher education and one in area 27 community and vocational-technical registered nurse education 28 program, and one of whom shall be an advanced registered 29 nurse practitioner ; one licensed practical nurse actively 30 engaged in practice; and two members one member who is not a 31 registered nurses nurse or licensed practical nurses nurse and 32 who shall represent the general public. The representatives 33 representative of the general public shall not be members a 34 member of a health care delivery systems system . 35 -85- SF 2385.4200 (1) 90 ss/ns 85/ 234
d. For pharmacy, five four members licensed to practice 1 pharmacy, one member registered as a certified pharmacy 2 technician as defined by the board by rule, and two members 3 one member who are is not licensed to practice pharmacy or 4 registered as a certified pharmacy technician and who shall 5 represent the general public. 6 e. For optometry, five four members licensed to practice 7 optometry and two members one member who are is not licensed to 8 practice optometry and who shall represent the general public. 9 n. For mortuary science, four three members licensed to 10 practice mortuary science, one member owning, operating, 11 or employed by a crematory, and two members one member not 12 licensed to practice mortuary science and not a crematory 13 owner, operator, or employee who shall represent the general 14 public. 15 s. For sign language interpreting and transliterating, 16 four three members licensed to practice interpreting and 17 transliterating, three two of whom shall be practicing 18 interpreters and transliterators at the time of appointment 19 to the board and at least one of whom is employed in an 20 educational setting; and three two members who are consumers of 21 interpreting or transliterating services as defined in section 22 154E.1 , each of whom shall be deaf or hard of hearing. 23 Sec. 231. Section 147.14, subsection 1, paragraph t, Code 24 2024, is amended by striking the paragraph. 25 Sec. 232. Section 148.2A, subsection 2, unnumbered 26 paragraph 1, Code 2024, is amended to read as follows: 27 Notwithstanding sections 17A.11 , 69.16 , 69.16A , 147.12 , 28 147.14 , and 147.19 , the board may have a pool of up to ten three 29 alternate members, including members licensed to practice under 30 this chapter and members not licensed to practice under this 31 chapter , to substitute for board members who are disqualified 32 or become unavailable for any other reason for contested case 33 hearings. 34 Sec. 233. Section 148.2A, subsection 2, paragraph a, Code 35 -86- SF 2385.4200 (1) 90 ss/ns 86/ 234
2024, is amended to read as follows: 1 a. The board may recommend, subject to approval by 2 the governor, up to ten three people to serve in a pool of 3 alternate members. 4 Sec. 234. Section 154A.1, subsection 1, Code 2024, is 5 amended by striking the subsection. 6 Sec. 235. Section 154A.1, subsection 6, Code 2024, is 7 amended to read as follows: 8 6. “Hearing aid specialist” means any person engaged in the 9 fitting, dispensing, and sale of hearing aids and providing 10 hearing aid services or maintenance, by means of procedures 11 stipulated by this chapter or the board department . 12 Sec. 236. Section 154A.10, subsection 3, Code 2024, is 13 amended to read as follows: 14 3. Pays the necessary fees set by the board department . 15 Sec. 237. Section 154A.12, subsection 2, Code 2024, is 16 amended to read as follows: 17 2. The board department shall not require the applicant to 18 possess the degree of professional competence normally expected 19 of physicians. 20 Sec. 238. Section 154A.13, Code 2024, is amended to read as 21 follows: 22 154A.13 Temporary permit. 23 A person who has not been licensed as a hearing aid 24 specialist may obtain a temporary permit from the department 25 upon completion of the application accompanied by the written 26 verification of employment from a licensed hearing aid 27 specialist. The department shall issue a temporary permit for 28 one year two years which shall not be renewed or reissued. 29 The fee for issuance of the temporary permit shall be set 30 by the board department in accordance with the provisions 31 for establishment of fees by boards in section 147.80 . The 32 temporary permit entitles an applicant to engage in the fitting 33 or selection and sale of hearing aids under the supervision of 34 a person holding a valid license. 35 -87- SF 2385.4200 (1) 90 ss/ns 87/ 234
Sec. 239. Section 154A.19, subsection 1, Code 2024, is 1 amended to read as follows: 2 1. This chapter shall not prohibit a corporation, 3 partnership, trust, association, or other organization 4 maintaining an established business address from engaging in 5 the business of selling or offering for sale hearing aids at 6 retail without a license if it employs only licensed hearing 7 aid specialists in the direct fitting or selection and sale 8 of hearing aids. Such an organization shall file annually 9 with the board department a list of all licensed hearing aid 10 specialists and persons holding temporary permits directly 11 or indirectly employed by it. Such an organization shall 12 also file with the board department a statement on a form 13 approved by the board department that the organization submits 14 itself to the rules and regulations of the board department 15 and the provisions of this chapter which the department deems 16 applicable. 17 Sec. 240. Section 154A.19, Code 2024, is amended by adding 18 the following new subsection: 19 NEW SUBSECTION . 4. This chapter shall not apply to a person 20 who engages in practices covered by this chapter if the person 21 is licensed as an audiologist pursuant to chapter 154F. 22 Sec. 241. Section 154A.23, Code 2024, is amended to read as 23 follows: 24 154A.23 Disciplinary orders —— attorney general. 25 The board department shall forward a copy of all final 26 disciplinary orders, with associated complaints, to the 27 attorney general for consideration for prosecution or 28 enforcement when warranted. The attorney general and all 29 county attorneys shall assist the board and the department in 30 the enforcement of the provisions of this chapter . 31 Sec. 242. Section 154A.24, unnumbered paragraph 1, Code 32 2024, is amended to read as follows: 33 The board department may revoke or suspend a license or 34 temporary permit permanently or for a fixed period for any of 35 -88- SF 2385.4200 (1) 90 ss/ns 88/ 234
the following causes: 1 Sec. 243. Section 154A.24, subsection 2, paragraphs e and s, 2 Code 2024, are amended to read as follows: 3 e. Representing that the service or advice of a person 4 licensed to practice medicine, or one who is certificated as 5 a clinical audiologist by the board of speech pathology and 6 audiology or its equivalent, will be used or made available in 7 the fitting or selection, adjustment, maintenance, or repair 8 of hearing aids when that is not true, or using the words 9 “doctor”, “clinic”, “clinical audiologist”, “state approved”, 10 or similar words, abbreviations, or symbols which tend to 11 connote the medical or other professions, except where the 12 title “certified hearing aid audiologist” has been granted 13 by the national hearing aid society, or that the hearing aid 14 specialist has been recommended by this state or the board 15 department when such is not accurate. 16 s. Such other acts or omissions as the board department may 17 determine to be unethical conduct. 18 Sec. 244. Section 169.5, subsection 1, paragraph a, Code 19 2024, is amended to read as follows: 20 a. The governor shall appoint, subject to confirmation 21 by the senate pursuant to section 2.32 , a board of five 22 individuals, three of whom shall be licensed veterinarians 23 and two of whom shall not be licensed veterinarians and shall 24 represent the general public , one of whom shall be a farmer 25 involved in the production of agricultural animals . The board 26 shall be known as the Iowa board of veterinary medicine. 27 Sec. 245. Section 170.1, subsection 2, Code 2024, is amended 28 by striking the subsection. 29 Sec. 246. Section 170.3B, Code 2024, is amended to read as 30 follows: 31 170.3B Farm deer administration fee. 32 The department may establish a farm deer administration fee 33 which shall be annually imposed on each landowner who keeps 34 farm deer in this state. The amount of the fee shall not exceed 35 -89- SF 2385.4200 (1) 90 ss/ns 89/ 234
two hundred dollars per year. The fee shall be collected 1 by the department in a manner specified by rules adopted by 2 the department after consulting with the farm deer council 3 established in section 170.2 . The collected fees shall be 4 credited to the farm deer administration fund created pursuant 5 to section 170.3C . 6 Sec. 247. Section 190C.1, subsection 2, Code 2024, is 7 amended by striking the subsection. 8 Sec. 248. Section 190C.2B, subsection 1, Code 2024, is 9 amended to read as follows: 10 1. The department shall implement and administer the 11 provisions of this chapter for agricultural products that have 12 been produced and handled within this state using organic 13 methods as provided in this chapter . The department may 14 consult with the council in implementing and administering this 15 chapter . The department may certify agricultural products that 16 have been produced and handled outside this state using an 17 organic method as provided in this chapter . 18 Sec. 249. Section 190C.3, subsection 2, Code 2024, is 19 amended to read as follows: 20 2. The department may request assistance from the council 21 as provided in section 190C.2A or from one or more regional 22 organic associations as provided in section 190C.6 . 23 Sec. 250. Section 203.11A, subsection 2, Code 2024, is 24 amended to read as follows: 25 2. The amount of a civil penalty shall not exceed one 26 thousand five hundred dollars. Each day that a violation 27 continues shall constitute a separate violation. The amount 28 of the civil penalty that may be assessed in a case shall 29 not exceed the amount recommended by the grain industry peer 30 review panel established pursuant to section 203.11B . Moneys 31 collected in civil penalties by the department or the attorney 32 general shall be deposited in the general fund of the state. 33 Sec. 251. Section 203.16, subsection 8, Code 2024, is 34 amended by striking the subsection. 35 -90- SF 2385.4200 (1) 90 ss/ns 90/ 234
Sec. 252. Section 203C.24, subsection 8, Code 2024, is 1 amended by striking the subsection. 2 Sec. 253. Section 203C.36A, subsection 2, Code 2024, is 3 amended to read as follows: 4 2. The amount of a civil penalty shall not exceed one 5 thousand five hundred dollars. Each day that a violation 6 continues shall constitute a separate violation. The amount 7 of the civil penalty that may be assessed in an administrative 8 case shall not exceed the amount recommended by the grain 9 industry peer review panel established pursuant to section 10 203.11B . Moneys collected in civil penalties by the department 11 or the attorney general shall be deposited in the general fund 12 of the state. 13 Sec. 254. Section 206.19, subsection 5, Code 2024, is 14 amended by adding the following new paragraph: 15 NEW PARAGRAPH . c. (1) A person subject to a civil penalty 16 pursuant to this subsection may submit an appeal to the 17 department. The appeal shall be referred to an administrative 18 law judge for hearing as a contested case pursuant to chapter 19 17A. 20 (2) This paragraph does not apply to a license revocation 21 proceeding. This paragraph does not require the department 22 to delay the prosecution of a case if immediate action is 23 necessary to reduce the risk of harm to the environment or 24 public health or safety. This section also does not require a 25 review or response if the department refers a violation of this 26 chapter for criminal prosecution, or for an action involving a 27 stop order issued pursuant to section 206.16. 28 (3) An available response by the department may be used as 29 evidence in an administrative hearing, or a civil or criminal 30 case, except to the extent that information is considered 31 confidential pursuant to section 22.7. 32 Sec. 255. Section 216.2, Code 2024, is amended by adding the 33 following new subsections: 34 NEW SUBSECTION . 01. “Agency” means the administrative 35 -91- SF 2385.4200 (1) 90 ss/ns 91/ 234
function of the Iowa office of civil rights, including the 1 director and staff. “Agency” does not include a member of the 2 Iowa state civil rights commission. 3 NEW SUBSECTION . 4A. “Director” means the director of the 4 Iowa office of civil rights. 5 NEW SUBSECTION . 11A. “Office” means the Iowa office of 6 civil rights. 7 Sec. 256. Section 216.2, subsection 1, Code 2024, is amended 8 to read as follows: 9 1. “Commission” means the Iowa state civil rights commission 10 created by this chapter within the Iowa office of civil rights . 11 Sec. 257. Section 216.3, subsections 1 and 3, Code 2024, are 12 amended to read as follows: 13 1. The Iowa state civil rights commission is created 14 within the department of inspections, appeals, and licensing 15 consisting of seven five members appointed by the governor 16 subject to confirmation by the senate. Appointments shall be 17 made to provide geographical area representation insofar as 18 practicable. No more than four three members of the commission 19 shall belong to the same political party. Members appointed 20 to the commission shall serve for four-year staggered terms 21 beginning and ending as provided by section 69.19 . 22 3. The governor subject to confirmation by the senate shall 23 appoint a director who shall serve as the executive officer 24 of the commission head of the agency. The governor shall set 25 the salary of the director within the applicable salary range 26 established by the general assembly. The director shall adopt 27 rules pursuant to chapter 17A consistent with and necessary for 28 the enforcement of this chapter. The director shall advise and 29 support the commission in fulfilling the commission’s duties 30 and responsibilities under section 216.5A . 31 Sec. 258. Section 216.4, Code 2024, is amended to read as 32 follows: 33 216.4 Compensation and expenses —— rules procedures . 34 Commissioners shall be paid a per diem as specified in 35 -92- SF 2385.4200 (1) 90 ss/ns 92/ 234
section 7E.6 and shall be reimbursed for actual and necessary 1 expenses incurred while on official commission business. All 2 per diem and expense moneys paid to commissioners shall be 3 paid from funds appropriated to the commission office . The 4 commission shall adopt, amend , or rescind rules procedures as 5 necessary for the conduct of its meetings. A quorum shall 6 consist of four three commissioners. 7 Sec. 259. Section 216.5, Code 2024, is amended by striking 8 the section and inserting in lieu thereof the following: 9 216.5 Powers and duties of agency. 10 The agency shall have the following powers and duties: 11 1. To receive, investigate, mediate, conciliate, 12 and determine the merits of complaints alleging illegal 13 discriminatory practices. The agency shall not disclose the 14 filing of a complaint, the information gathered during the 15 investigation, or the endeavors to eliminate such illegal 16 discriminatory practice by mediation or conciliation, unless 17 such disclosure is made in connection with the agency’s 18 investigation. 19 2. To investigate compliance with conciliation agreements 20 and pursue appropriate remedies up to and including filing in 21 district court. 22 3. To investigate, study, and report on the existence, 23 causes, and extent of illegal discrimination, as deemed 24 necessary by the director. 25 4. To provide education and outreach regarding illegal 26 discrimination, including individuals and organizations. 27 5. To seek a temporary injunction against a respondent when 28 it appears that a complainant may suffer irreparable injury 29 as a result of an alleged violation of this chapter. Unless 30 otherwise specified in this chapter, a temporary injunction 31 may be issued only after the respondent has been notified and 32 afforded an opportunity to be heard. 33 6. To hold contested case hearings upon any complaint made 34 against a respondent, and all of the following: 35 -93- SF 2385.4200 (1) 90 ss/ns 93/ 234
a. To subpoena witnesses and compel their attendance. 1 b. To administer oaths and take the testimony of any person 2 under oath. 3 c. To compel a respondent to produce for examination any 4 books and papers relating to the complaint. 5 7. To issue subpoenas at the request of a party in contested 6 hearings. 7 8. To petition the district court for issuance of a subpoena 8 and the court, in a proper case, shall issue the subpoena for 9 contested case hearings. Refusal to obey a district court 10 subpoena shall be subject to punishment for contempt. 11 9. To pursue the entry of a consent decree in district court 12 for conciliation agreements. 13 10. To petition and appear before the district court for 14 the enforcement of office orders following a contested case 15 hearing. 16 11. To provide education opportunities and informal 17 technical advice to local commissions regarding legal 18 developments, case process improvements, and cooperation for 19 cross-filing. 20 12. To prepare and transmit to the governor and the general 21 assembly an annual report describing performance outcomes of 22 the agency. 23 13. To make recommendations to the governor and general 24 assembly for such further legislation concerning illegal 25 discrimination as deemed necessary by the director. 26 14. To adopt, publish, amend, and rescind office rules 27 pursuant to chapter 17A consistent with and necessary for the 28 enforcement of this chapter. 29 15. To receive, administer, dispense, and account for any 30 moneys that may be granted or voluntarily contributed to the 31 office for furthering the purposes of this chapter. 32 16. To utilize volunteers to aid in the conduct of the 33 agency’s duties as deemed necessary by the director. 34 17. To issue a copy of the case file to any party following 35 -94- SF 2385.4200 (1) 90 ss/ns 94/ 234
the issuance of a right to sue letter, the filing of a 1 contested case, or the filing of an action for judicial review. 2 18. To issue protective orders in case files when necessary. 3 Sec. 260. NEW SECTION . 216.5A Powers and duties of 4 commission. 5 The commission shall have the following powers and duties: 6 1. To adopt, amend, or rescind procedures as necessary for 7 the conduct of commission meetings. 8 2. To sit as the final reviewing body for decisions issued 9 by an administrative law judge following an appeal from a 10 contested case hearing. 11 3. To make policy recommendations to the director for 12 consideration to be incorporated with any recommendations from 13 the agency to the governor and general assembly. 14 Sec. 261. Section 216.8C, subsections 3 and 4, Code 2024, 15 are amended to read as follows: 16 3. The commission agency , in consultation with the consumer 17 protection division of the office of the attorney general, 18 shall adopt rules regarding the making of a written finding 19 by licensees under this section . The rules shall include a 20 form for licensees to document the licensees’ written finding. 21 The form shall recite this section’s requirements and comply 22 with the federal Fair Housing Act, 42 U.S.C. §3601 et seq., as 23 amended, and section 504 of the federal Rehabilitation Act of 24 1973, 29 U.S.C. §794, as amended. The form must contain only 25 two questions regarding the qualifications of the patient or 26 client, which shall be whether a person has a disability and 27 whether the need for an assistance animal or service animal is 28 related to the disability. The form must indicate that the 29 responses must be limited to “yes” or “no”. The form must not 30 allow for additional detail. 31 4. A person who, in the course of employment, is asked 32 to make a finding of disability and disability-related need 33 for an assistance animal or service animal shall utilize the 34 form created by the commission agency to document the person’s 35 -95- SF 2385.4200 (1) 90 ss/ns 95/ 234
written finding. 1 Sec. 262. Section 216.12, subsection 1, paragraph d, 2 unnumbered paragraph 1, Code 2024, is amended to read as 3 follows: 4 Discrimination on the basis of familial status involving 5 dwellings provided under any state or federal program 6 specifically designed and operated to assist elderly persons, 7 as defined in the state or federal program that the commission 8 agency determines to be consistent with determinations made by 9 the United States secretary of housing and urban development, 10 and housing for older persons. As used in this paragraph, 11 “housing for older persons” means housing communities consisting 12 of dwellings intended for either of the following: 13 Sec. 263. Section 216.15, Code 2024, is amended to read as 14 follows: 15 216.15 Complaint —— hearing. 16 1. Any person claiming to be aggrieved by a discriminatory 17 or unfair practice may, in person or by an attorney, make, 18 sign, and file with the commission agency a verified, written 19 complaint which shall state the name and address of the person, 20 employer, employment agency, or labor organization alleged 21 to have committed the discriminatory or unfair practice of 22 which complained, shall set forth the particulars thereof, 23 and shall contain such other information as may be required 24 by the commission agency . The commission Agency staff , a 25 commissioner, or the attorney general may in like manner make, 26 sign, and file such complaint. 27 2. Any place of public accommodation, employer, labor 28 organization, or other person who has any employees or members 29 who refuse or threaten to refuse to comply with the provisions 30 of this chapter may file with the commission agency a verified 31 written complaint in triplicate asking the commission agency 32 for assistance to obtain their compliance by conciliation or 33 other remedial action. 34 3. a. After the filing of a verified complaint, a true 35 -96- SF 2385.4200 (1) 90 ss/ns 96/ 234
copy shall be served within twenty days on the person against 1 whom the complaint is filed, except as provided in subsection 2 4 . An authorized member of the commission Agency staff shall 3 make a prompt investigation and shall issue a recommendation 4 to an administrative law judge employed by the division of 5 administrative hearings created by section 10A.801 , who shall 6 then issue a determination of probable cause or no probable 7 cause. 8 b. For purposes of this chapter , an administrative law judge 9 issuing a determination of probable cause or no probable cause 10 under this section is exempt from section 17A.17 . 11 c. If the administrative law judge concurs with the 12 investigating official that probable cause exists regarding 13 the allegations of the complaint, the staff of the commission 14 agency shall promptly endeavor to eliminate the discriminatory 15 or unfair practice by conference, conciliation, and persuasion. 16 If the administrative law judge finds that no probable cause 17 exists, the administrative law judge shall issue a final order 18 dismissing the complaint and shall promptly mail a copy to the 19 complainant and to the respondent. A finding of probable cause 20 shall not be introduced into evidence in an action brought 21 under section 216.16 . 22 d. The commission agency staff must endeavor to eliminate 23 the discriminatory or unfair practice by conference, 24 conciliation, and persuasion for a period of thirty days 25 following the initial conciliation meeting between the 26 respondent and the commission agency staff after a finding 27 of probable cause. After the expiration of thirty days, the 28 director may order the conciliation conference and persuasion 29 procedure provided in this section to be bypassed when the 30 director determines the procedure is unworkable by reason of 31 past patterns and practices of the respondent, or a statement 32 by the respondent that the respondent is unwilling to continue 33 with the conciliation. The director must have the approval of 34 a commissioner before bypassing the conciliation, conference 35 -97- SF 2385.4200 (1) 90 ss/ns 97/ 234
and persuasion procedure. Upon the bypassing of conciliation, 1 the director shall state in writing the reasons for bypassing. 2 4. a. The commission agency may permit service of a 3 complaint on a respondent by regular or electronic mail. If 4 the respondent does not respond to the service by regular or 5 electronic mail after ninety days, the commission agency shall 6 serve the complaint on the respondent by certified mail within 7 twenty days after the expiration of the ninety-day response 8 period to service by regular or electronic mail. 9 b. The commission agency may also permit a party to file 10 a response to a complaint, a document, information, or other 11 material, by electronic mail. 12 c. The commission agency may issue a notice, determination, 13 order, subpoena, request, correspondence, or any other document 14 issued by the commission agency , by electronic mail. 15 5. The members of the commission and its agency staff 16 shall not disclose the filing of a complaint, the information 17 gathered during the investigation, or the endeavors to 18 eliminate such discriminatory or unfair practice by mediation, 19 conference, conciliation, and persuasion, unless such 20 disclosure is made in connection with the conduct of such 21 investigation. 22 6. When the director is satisfied that further endeavor to 23 settle a complaint by conference, conciliation, and persuasion 24 is unworkable and should be bypassed, and the thirty-day period 25 provided for in subsection 3 has expired without agreement, the 26 director with the approval of a commissioner, shall issue and 27 cause to be served a written notice specifying the charges in 28 the complaint as they may have been amended and the reasons for 29 bypassing conciliation, if the conciliation is bypassed, and 30 requiring the respondent to answer the charges of the complaint 31 at a hearing before the commission agency , a commissioner, or 32 a person designated by the commission agency to conduct the 33 hearing, hereafter referred to as the administrative law judge, 34 and at a time and place to be specified in the notice. 35 -98- SF 2385.4200 (1) 90 ss/ns 98/ 234
7. The case in support of such complaint shall be presented 1 at the hearing by one of the commission’s agency’s attorneys 2 or agents. The investigating official shall not participate 3 in the hearing except as a witness nor participate in the 4 deliberations of the commission agency in such case. 5 8. The hearing shall be conducted in accordance with the 6 provisions of chapter 17A for contested cases. The burden of 7 proof in such a hearing shall be on the commission agency . 8 9. If upon taking into consideration all of the evidence 9 at a hearing, the commission agency determines that the 10 respondent has engaged in a discriminatory or unfair practice, 11 the commission agency shall state its findings of fact and 12 conclusions of law and shall issue an order requiring the 13 respondent to cease and desist from the discriminatory or 14 unfair practice and to take the necessary remedial action 15 as in the judgment of the commission agency will carry out 16 the purposes of this chapter . A copy of the order shall be 17 delivered to the respondent, the complainant, and to any other 18 public officers and persons as the commission agency deems 19 proper. 20 a. For the purposes of this subsection and pursuant to the 21 provisions of this chapter “remedial action” includes but is 22 not limited to the following: 23 (1) Hiring, reinstatement or upgrading of employees 24 with or without pay. Interim earned income and unemployment 25 compensation shall operate to reduce the pay otherwise 26 allowable. 27 (2) Admission or restoration of individuals to a labor 28 organization, admission to or participation in a guidance 29 program, apprenticeship training program, on-the-job training 30 program or other occupational training or retraining program, 31 with the utilization of objective criteria in the admission of 32 individuals to such programs. 33 (3) Admission of individuals to a public accommodation or an 34 educational institution. 35 -99- SF 2385.4200 (1) 90 ss/ns 99/ 234
(4) Sale, exchange, lease, rental, assignment or sublease 1 of real property to an individual. 2 (5) Extension to all individuals of the full and equal 3 enjoyment of the advantages, facilities, privileges, and 4 services of the respondent denied to the complainant because of 5 the discriminatory or unfair practice. 6 (6) Reporting as to the manner of compliance. 7 (7) Posting notices in conspicuous places in the 8 respondent’s place of business in form prescribed by the 9 commission agency and inclusion of notices in advertising 10 material. 11 (8) Payment to the complainant of damages for an injury 12 caused by the discriminatory or unfair practice which damages 13 shall include but are not limited to actual damages, court 14 costs and reasonable attorney fees. 15 (9) For an unfair or discriminatory practice relating 16 to wage discrimination pursuant to section 216.6A , payment 17 to the complainant of damages for an injury caused by the 18 discriminatory or unfair practice which damages shall include 19 but are not limited to court costs, reasonable attorney fees, 20 and either of the following: 21 (a) An amount equal to two times the wage differential 22 paid to another employee compared to the complainant for the 23 period of time for which the complainant has been discriminated 24 against. 25 (b) In instances of willful violation, an amount equal to 26 three times the wage differential paid to another employee as 27 compared to the complainant for the period of time for which 28 the complainant has been discriminated against. 29 b. In addition to the remedies provided in the preceding 30 provisions of this subsection , the commission agency may issue 31 an order requiring the respondent to cease and desist from the 32 discriminatory or unfair practice and to take such affirmative 33 action as in the judgment of the commission agency will carry 34 out the purposes of this chapter as follows: 35 -100- SF 2385.4200 (1) 90 ss/ns 100/ 234
(1) In the case of a respondent operating by virtue of 1 a license issued by the state or a political subdivision 2 or agency, if the commission agency , upon notice to the 3 respondent with an opportunity to be heard, determines that the 4 respondent has engaged in a discriminatory or unfair practice 5 and that the practice was authorized, requested, commanded, 6 performed or knowingly or recklessly tolerated by the board 7 of directors of the respondent or by an officer or executive 8 agent acting within the scope of the officer’s or agent’s 9 employment, the commission agency shall so certify to the 10 licensing agency. Unless the commission agency finding of a 11 discriminatory or unfair practice is reversed in the course of 12 judicial review, the finding of discrimination is binding on 13 the licensing agency. If a certification is made pursuant to 14 this subsection , the licensing agency may initiate licensee 15 disciplinary procedures. 16 (2) In the case of a respondent who is found by the 17 commission agency to have engaged in a discriminatory or 18 unfair practice in the course of performing under a contract 19 or subcontract with the state or political subdivision or 20 agency, if 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 contracting agency. Unless the commission’s agency’s finding 26 of a discriminatory or unfair practice is reversed in the 27 course of judicial review, the finding of discrimination is 28 binding on the contracting agency. 29 (3) Upon receiving a certification made under this 30 subsection , a contracting agency may take appropriate action 31 to terminate a contract or portion thereof previously entered 32 into with the respondent, either absolutely or on condition 33 that the respondent carry out a program of compliance with 34 the provisions of this chapter ; and assist the state and all 35 -101- SF 2385.4200 (1) 90 ss/ns 101/ 234
political subdivisions and agencies thereof to refrain from 1 entering into further contracts. 2 c. The election of an affirmative order under paragraph “b” 3 of this subsection shall not bar the election of affirmative 4 remedies provided in paragraph “a” of this subsection . 5 10. a. The terms of a conciliation or mediation agreement 6 reached with the respondent may require the respondent to 7 refrain in the future from committing discriminatory or 8 unfair practices of the type stated in the agreement, to take 9 remedial action as in the judgment of the commission agency 10 will carry out the purposes of this chapter , and to consent 11 to the entry in an appropriate district court of a consent 12 decree embodying the terms of the conciliation or mediation 13 agreement. Violation of such a consent decree may be punished 14 as contempt by the court in which it is filed, upon a showing 15 by the commission agency of the violation at any time within 16 six months of its occurrence. At any time in its discretion, 17 the commission agency may investigate whether the terms of the 18 agreement are being complied with by the respondent. 19 b. Upon a finding that the terms of the conciliation 20 or mediation agreement are not being complied with by the 21 respondent, the commission agency shall take appropriate action 22 to assure compliance. 23 11. If, upon taking into consideration all of the evidence 24 at a hearing, the commission agency finds that a respondent 25 has not engaged in any such discriminatory or unfair practice, 26 the commission agency shall issue an order denying relief and 27 stating the findings of fact and conclusions of the commission 28 agency , and shall cause a copy of the order dismissing the 29 complaint to be served on the complainant and the respondent. 30 12. The commission agency shall establish rules to govern, 31 expedite, and effectuate the procedures established by this 32 chapter and its own actions thereunder. 33 13. Except as provided in section 614.8 , a claim under this 34 chapter shall not be maintained unless a complaint is filed 35 -102- SF 2385.4200 (1) 90 ss/ns 102/ 234
with the commission agency within three hundred days after the 1 alleged discriminatory or unfair practice occurred. 2 14. The commission agency or a party to a complaint may 3 request mediation of the complaint at any time during the 4 commission’s agency’s processing of the complaint. If the 5 complainant and respondent participate in mediation, any 6 mediation agreement may be enforced pursuant to this section . 7 Mediation may be discontinued at the request of any party or 8 the commission agency . 9 Sec. 264. Section 216.15A, Code 2024, is amended to read as 10 follows: 11 216.15A Additional proceedings —— housing discrimination. 12 1. a. The commission agency may join a person not named 13 in the complaint as an additional or substitute respondent 14 if in the course of the investigation, the commission agency 15 determines that the person should be alleged to have committed 16 a discriminatory housing or real estate practice. 17 b. In addition to the information required in the notice, 18 the commission agency shall include in a notice to a respondent 19 joined under this subsection an explanation of the basis for 20 the determination under this subsection that the person is 21 properly joined as a respondent. 22 2. a. The commission agency shall, during the period 23 beginning with the filing of a complaint and ending with the 24 filing of a charge or a dismissal by the commission agency , to 25 the extent feasible, engage in mediation with respect to the 26 complaint. 27 b. A mediation agreement is an agreement between a 28 respondent and the complainant and is subject to commission 29 agency approval. 30 c. A mediation agreement may provide for binding arbitration 31 or other method of dispute resolution. Dispute resolution that 32 results from a mediation agreement may authorize appropriate 33 relief, including monetary relief. 34 d. A mediation agreement shall be made public unless 35 -103- SF 2385.4200 (1) 90 ss/ns 103/ 234
the complainant and respondent agree otherwise, and the 1 commission agency determines that disclosure is not necessary 2 to further the purposes of this chapter relating to unfair or 3 discriminatory practices in housing or real estate. 4 e. The proceedings or results of mediation shall not be made 5 public or used as evidence in a subsequent proceeding under 6 this chapter without the written consent of the persons who are 7 party to the mediation. 8 f. After the completion of the commission’s agency’s 9 investigation, the commission agency shall make available to 10 the aggrieved person and the respondent information derived 11 from the investigation and the final investigation report 12 relating to that investigation. 13 g. When the commission agency has reasonable cause to 14 believe that a respondent has breached a mediation agreement, 15 the commission agency shall refer this matter to an assistant 16 attorney general with a recommendation that a civil action be 17 filed for the enforcement of the agreement. The assistant 18 attorney general may commence a civil action in the appropriate 19 district court not later than the expiration of ninety days 20 after referral of the breach. 21 3. a. If the commission agency concludes, following the 22 filing of a complaint, that prompt judicial action is necessary 23 to carry out the purposes of this chapter relating to unfair 24 or discriminatory housing or real estate practices, the 25 commission agency may authorize a civil action for appropriate 26 temporary or preliminary relief pending final disposition of 27 the complaint. 28 b. On receipt of the commission’s agency’s authorization, 29 the attorney general shall promptly file the action. 30 c. A temporary restraining order or other order granting 31 preliminary or temporary relief under this section is governed 32 by the applicable Iowa rules of civil procedure. 33 d. The filing of a civil action under this section does 34 not affect the initiation or continuation of administrative 35 -104- SF 2385.4200 (1) 90 ss/ns 104/ 234
proceedings in regard to an administrative hearing. 1 4. a. The commission agency shall prepare a final 2 investigative report. 3 b. A final report under this section may be amended by the 4 commission agency if additional evidence is discovered. 5 5. a. The commission agency shall determine based on 6 the facts whether probable cause exists to believe that a 7 discriminatory housing or real estate practice has occurred or 8 is about to occur. 9 b. The commission agency shall make its determination under 10 paragraph “a” not later than one hundred days after a complaint 11 is filed unless any of the following applies: 12 (1) It is impracticable to make the determination within 13 that time period. 14 (2) The commission agency has approved a mediation 15 agreement relating to the complaint. 16 c. If it is impracticable to make the determination within 17 the time period provided by paragraph “b” , the commission agency 18 shall notify the complainant and respondent in writing of the 19 reasons for the delay. 20 d. If the commission agency determines that probable cause 21 exists to believe that a discriminatory housing or real estate 22 practice has occurred or is about to occur, the commission 23 agency shall immediately issue a determination unless the 24 commission agency determines that the legality of a zoning or 25 land use law or ordinance is involved as provided in subsection 26 7 . 27 6. a. A determination issued under subsection 5 must 28 include all of the following: 29 (1) Must consist of a short and plain statement of the facts 30 on which the commission agency has found probable cause to 31 believe that a discriminatory housing or real estate practice 32 has occurred or is about to occur. 33 (2) Must be based on the final investigative report. 34 (3) Need not be limited to the facts or grounds alleged in 35 -105- SF 2385.4200 (1) 90 ss/ns 105/ 234
the complaint. 1 b. Not later than twenty days after the commission agency 2 issues a determination, the commission agency shall send a copy 3 of the determination with information concerning the election 4 under section 216.16A to all of the following persons: 5 (1) Each respondent, together with a notice of the 6 opportunity for a hearing as provided under subsection 10 . 7 (2) Each aggrieved person on whose behalf the complaint was 8 filed. 9 7. If the commission agency determines that the matter 10 involves the legality of a state or local zoning or other 11 land use ordinance, the commission agency shall not issue a 12 determination and shall immediately refer the matter to the 13 attorney general for appropriate action. 14 8. a. If the commission agency determines that no probable 15 cause exists to believe that a discriminatory housing or 16 real estate practice has occurred or is about to occur, the 17 commission agency shall promptly dismiss the complaint. 18 b. The commission agency shall make public disclosure of 19 each dismissal under this section . 20 9. The commission agency shall not issue a determination 21 under this section regarding an alleged discriminatory housing 22 or real estate practice after the beginning of the trial of a 23 civil action commenced by the aggrieved party under federal or 24 state law seeking relief with respect to that discriminatory 25 housing or real estate practice. 26 10. a. If a timely election is not made under section 27 216.16A , the commission agency shall provide for a hearing on 28 the charges in the complaint. 29 b. Except as provided by paragraph “c” , the hearing shall be 30 conducted in accordance with chapter 17A for contested cases. 31 c. A hearing under this section shall not be continued 32 regarding an alleged discriminatory housing or real estate 33 practice after the beginning of the trial of a civil action 34 commenced by the aggrieved person under federal or state law 35 -106- SF 2385.4200 (1) 90 ss/ns 106/ 234
seeking relief with respect to that discriminatory housing or 1 real estate practice. 2 11. a. If the commission agency determines at a hearing 3 under subsection 10 that a respondent has engaged or is about 4 to engage in a discriminatory housing or real estate practice, 5 the commission agency may order the appropriate relief, 6 including actual damages, reasonable attorney fees, court 7 costs, and other injunctive or equitable relief. 8 b. To vindicate the public interest, the commission agency 9 may assess a civil penalty against the respondent in an amount 10 that does not exceed the following applicable amount: 11 (1) Ten thousand dollars if the respondent has not been 12 adjudged by the order of the commission or agency or a court to 13 have committed a prior discriminatory housing or real estate 14 practice. 15 (2) Except as provided by paragraph “c” , twenty-five 16 thousand dollars if the respondent has been adjudged by order 17 of the commission or agency or a court to have committed one 18 other discriminatory housing or real estate practice during 19 the five-year period ending on the date of the filing of the 20 complaint. 21 (3) Except as provided by paragraph “c” , fifty thousand 22 dollars if the respondent has been adjudged by order of the 23 commission or agency or a court to have committed two or more 24 discriminatory housing or real estate practices during the 25 seven-year period ending on the date of the filing of the 26 complaint. 27 c. If the acts constituting the discriminatory housing or 28 real estate practice that is the object of the complaint are 29 committed by the same natural person who has been previously 30 adjudged to have committed acts constituting a discriminatory 31 housing or real estate practice, the civil penalties in 32 paragraph “b” , subparagraphs (2) and (3) may be imposed 33 without regard to the period of time within which any other 34 discriminatory housing or real estate practice occurred. 35 -107- SF 2385.4200 (1) 90 ss/ns 107/ 234
d. At the request of the commission agency , the attorney 1 general shall initiate legal proceedings to recover a civil 2 penalty due under this section . Funds collected under this 3 section shall be paid to the treasurer of state for deposit in 4 the state treasury to the credit of the general fund. 5 12. This section applies only to the following: 6 a. Complaints which allege a violation of the prohibitions 7 contained in section 216.8 or 216.8A . 8 b. Complaints which allege a violation of section 216.11 or 9 216.11A arising out of alleged violations of the prohibitions 10 contained in section 216.8 or 216.8A . 11 13. If a provision of this section applies under the terms 12 of subsection 12 , and the provision of this section conflicts 13 with a provision of section 216.15 , then the provision 14 contained within this section shall prevail. Similarly, if 15 a provision of section 216.16A or 216.17A conflicts with a 16 provision of section 216.16 or 216.17 , then the provision 17 contained in section 216.16A or 216.17A shall prevail. 18 Sec. 265. Section 216.15B, subsection 1, Code 2024, is 19 amended to read as follows: 20 1. A mediator may be designated in writing by the commission 21 agency to conduct formal mediation of a complaint filed under 22 this chapter . The written designation must specifically refer 23 to this section . 24 Sec. 266. Section 216.16, subsections 1, 2, 3, 4, and 6, 25 Code 2024, are amended to read as follows: 26 1. A person claiming to be aggrieved by an unfair or 27 discriminatory practice must initially seek an administrative 28 relief by filing a complaint with the commission agency in 29 accordance with section 216.15 . This provision also applies to 30 persons claiming to be aggrieved by an unfair or discriminatory 31 practice committed by the state or an agency or political 32 subdivision of the state, notwithstanding the terms of the Iowa 33 administrative procedure Act, chapter 17A . 34 2. After the proper filing of a complaint with the 35 -108- SF 2385.4200 (1) 90 ss/ns 108/ 234
commission agency , a complainant may subsequently commence an 1 action for relief in the district court if all of the following 2 conditions have been satisfied: 3 a. The complainant has timely filed the complaint with the 4 commission agency as provided in section 216.15, subsection 13 . 5 b. The complaint has been on file with the commission agency 6 for at least sixty days and the commission agency has issued a 7 release to the complainant pursuant to subsection 3 . 8 3. a. Upon a request by the complainant, and after the 9 expiration of sixty days from the timely filing of a complaint 10 with the commission agency , the commission agency shall issue 11 to the complainant a release stating that the complainant 12 has a right to commence an action in the district court. A 13 release under this subsection shall not be issued if any of the 14 following apply: 15 (1) A finding of no probable cause has been made on the 16 complaint by the administrative law judge charged with that 17 duty under section 216.15, subsection 3 . 18 (2) A conciliation agreement has been executed under 19 section 216.15 . 20 (3) The commission agency has served notice of hearing upon 21 the respondent pursuant to section 216.15, subsection 6 . 22 (4) The complaint is closed as an administrative closure and 23 two years have elapsed since the issuance date of the closure. 24 b. Notwithstanding section 216.15, subsection 5 , a party may 25 obtain a copy of all documents contained in a case file where 26 the commission agency has issued a release to the complainant 27 pursuant to this subsection . 28 4. An action authorized under this section is barred unless 29 commenced within ninety days after issuance by the commission 30 agency of a release under subsection 3 . If a complainant 31 obtains a release from the commission agency under subsection 32 3 , the commission agency is barred from further action on that 33 complaint. 34 6. The district court may grant any relief in an action 35 -109- SF 2385.4200 (1) 90 ss/ns 109/ 234
under this section which is authorized by section 216.15, 1 subsection 9 , to be issued by the commission agency . The 2 district court may also award the respondent reasonable 3 attorney fees and court costs when the court finds that the 4 complainant’s action was frivolous. 5 Sec. 267. Section 216.16A, subsection 1, paragraphs b and c, 6 Code 2024, are amended to read as follows: 7 b. The election must be made not later than twenty days 8 after the date of receipt by the electing person of service 9 under section 216.15A, subsection 5 , or in the case of the 10 commission agency , not later than twenty days after the date 11 the determination was issued. 12 c. The person making the election shall give notice to the 13 commission agency and to all other complainants and respondents 14 to whom the election relates. 15 Sec. 268. Section 216.16A, subsection 2, paragraphs d and e, 16 Code 2024, are amended to read as follows: 17 d. If the commission agency has obtained a mediation 18 agreement with the consent of an aggrieved person, the 19 aggrieved person shall not file an action under this subsection 20 with respect to the alleged discriminatory practice that forms 21 the basis for the complaint except to enforce the terms of the 22 agreement. 23 e. An aggrieved person shall not file an action under this 24 subsection with respect to an alleged discriminatory housing or 25 real estate practice that forms the basis of a charge issued 26 by the commission agency if the commission agency has begun a 27 hearing on the record under this chapter with respect to the 28 charge. 29 Sec. 269. Section 216.17, subsections 1, 2, 3, 4, 5, 7, and 30 10, Code 2024, are amended to read as follows: 31 1. a. Judicial review of the actions of the agency 32 or commission may be sought in accordance with the terms 33 of the Iowa administrative procedure Act, chapter 17A . 34 Notwithstanding the terms of said Act, petition for judicial 35 -110- SF 2385.4200 (1) 90 ss/ns 110/ 234
review may be filed in the district court in which an 1 enforcement proceeding under subsection 2 may be brought. 2 b. For purposes of the time limit for filing a petition for 3 judicial review under the Iowa administrative procedure Act, 4 chapter 17A , specified by section 17A.19 , the issuance of a 5 final decision of the agency or commission under this chapter 6 occurs on the date notice of the decision is mailed to the 7 parties. 8 c. Notwithstanding the time limit provided in section 9 17A.19, subsection 3 , a petition for judicial review of 10 no-probable-cause decisions and other final agency actions 11 which are not of general applicability must be filed within 12 thirty days of the issuance of the final agency action. 13 2. The commission agency may obtain an order of court for 14 the enforcement of agency or commission orders in a proceeding 15 as provided in this section . Such an enforcement proceeding 16 shall be brought in the district court of the district in the 17 county in which the alleged discriminatory or unfair practice 18 which is the subject of the agency’s or commission’s order was 19 committed, or in which any respondent required in the order to 20 cease or desist from a discriminatory or unfair practice or to 21 take other affirmative action, resides, or transacts business. 22 3. Such an enforcement proceeding shall be initiated by 23 the filing of a petition in such court and the service of a 24 copy thereof upon the respondent. Thereupon the commission 25 agency shall file with the court a transcript of the record 26 of the hearing before it. The court shall have power to 27 grant such temporary relief or restraining order as it deems 28 just and proper, and to make and enter upon the pleadings, 29 testimony, and proceedings set forth in such transcript an 30 order enforcing, modifying, and enforcing as so modified, or 31 setting aside the order of the agency or commission, in whole 32 or in part. 33 4. An objection that has not been urged before the agency 34 or commission shall not be considered by the court in an 35 -111- SF 2385.4200 (1) 90 ss/ns 111/ 234
enforcement proceeding, unless the failure or neglect to urge 1 such objection shall be excused because of extraordinary 2 circumstances. 3 5. Any party to the enforcement proceeding may move the 4 court to remit the case to the agency or commission in the 5 interests of justice for the purpose of adducing additional 6 specified and material evidence and seeking findings thereof, 7 providing such party shall show reasonable grounds for 8 the failure to adduce such evidence before the agency or 9 commission. 10 7. The agency’s or commission’s copy of the testimony shall 11 be available to all parties for examination at all reasonable 12 times, without cost, and for the purpose of judicial review of 13 the agency’s or commission’s orders. 14 10. If no proceeding to obtain judicial review is instituted 15 within thirty days from the issuance of an order of the 16 commission under section 216.15 or 216.15A , the commission 17 agency may obtain an order of the court for the enforcement 18 of the order upon showing that respondent is subject to 19 the jurisdiction of the agency or commission and resides or 20 transacts business within the county in which the petition for 21 enforcement is brought. 22 Sec. 270. Section 216.17A, subsection 1, paragraph a, Code 23 2024, is amended to read as follows: 24 a. If timely election is made under section 216.16A, 25 subsection 1 , the commission agency shall authorize, and not 26 later than thirty days after the election is made, the attorney 27 general shall file a civil action on behalf of the aggrieved 28 person in a district court seeking relief. 29 Sec. 271. Section 216.17A, subsections 2, 4, 10, and 11, 30 Code 2024, are amended to read as follows: 31 2. A commission An agency order under section 216.15A, 32 subsection 11 , and a an agency or commission order that has 33 been substantially affirmed by judicial review, do not affect 34 a contract, sale, encumbrance, or lease that was consummated 35 -112- SF 2385.4200 (1) 90 ss/ns 112/ 234
before the agency or commission issued the order and involved a 1 bona fide purchaser, encumbrancer, or tenant who did not have 2 actual notice of the charge issued under this chapter . 3 4. If the agency or commission issues an order against a 4 respondent against whom another order was issued within the 5 preceding five years under section 216.15A, subsection 11 , the 6 commission agency shall send a copy of each order issued under 7 that section to the attorney general. 8 10. The attorney general, on behalf of the commission 9 agency or other party at whose request a subpoena is issued, 10 may enforce the subpoena in appropriate proceedings in district 11 court. 12 11. A court in a civil action brought under this section 13 or the commission agency in an administrative hearing under 14 section 216.15A, subsection 11 , may award reasonable attorney’s 15 fees to the prevailing party and assess court costs against the 16 nonprevailing party. 17 Sec. 272. Section 216.17A, subsection 3, unnumbered 18 paragraph 1, Code 2024, is amended to read as follows: 19 If the agency or commission issues an order with respect 20 to a discriminatory housing practice that occurred in the 21 course of a business subject to a licensing or regulation by a 22 governmental agency, the agency or commission, not later than 23 thirty days after the date of issuance of the order, shall do 24 all of the following: 25 Sec. 273. Section 216.17A, subsection 8, paragraph a, Code 26 2024, is amended to read as follows: 27 a. On the request of the agency or commission, the attorney 28 general may intervene in an action under section 216.16A, 29 subsection 2 , if the agency or commission certifies that the 30 case is of general public importance. 31 Sec. 274. Section 216.17A, subsection 9, paragraph a, 32 unnumbered paragraph 1, Code 2024, is amended to read as 33 follows: 34 On the request of the agency or commission, the attorney 35 -113- SF 2385.4200 (1) 90 ss/ns 113/ 234
general may file a civil action in district court for 1 appropriate relief if the agency or commission has reasonable 2 cause to believe that any of the following applies: 3 Sec. 275. Section 216.19, subsections 2, 3, 4, 5, 6, 7, and 4 8, Code 2024, are amended to read as follows: 5 2. A city with a population of twenty-nine thousand, or 6 greater, shall maintain an independent local civil rights 7 agency or commission consistent with commission agency rules 8 adopted pursuant to chapter 17A . An agency or commission 9 for which a staff is provided shall have control over such 10 staff. A city required to maintain a local civil rights agency 11 or commission shall structure and adequately fund the agency 12 or commission in order to effect cooperative undertakings 13 with the Iowa office of civil rights commission and to aid in 14 effectuating the purposes of this chapter . 15 3. An agency or commission of local government and the 16 Iowa office of civil rights commission shall cooperate in the 17 sharing of data and research, and coordinating investigations 18 and conciliations in order to expedite claims of unlawful 19 discrimination and eliminate needless duplication. The Iowa 20 office of civil rights commission may enter into cooperative 21 agreements with any local agency or commission to effectuate 22 the purposes of this chapter . Such agreements may include 23 technical and clerical assistance and reimbursement of expenses 24 incurred by the local agency or commission in the performance 25 of the agency’s or commission’s duties if funds for this 26 purpose are appropriated by the general assembly. 27 4. The Iowa civil rights commission director may designate 28 an unfunded local agency or commission as a referral agency. A 29 local agency or commission shall not be designated a referral 30 agency unless the ordinance creating it provides the same 31 rights and remedies as are provided in this chapter . The Iowa 32 civil rights commission director shall establish by rules 33 the procedures for designating a referral agency and the 34 qualifications to be met by a referral agency. 35 -114- SF 2385.4200 (1) 90 ss/ns 114/ 234
5. The Iowa civil rights commission director may adopt 1 rules establishing the procedures for referral of complaints. 2 A referral agency may refuse to accept a case referred to 3 it by the Iowa office of civil rights commission if the 4 referral agency is unable to effect proper administration of 5 the complaint. It shall be the burden of the referral agency 6 to demonstrate that it is unable to properly administer that 7 complaint. 8 6. A complainant who files a complaint with a referral 9 agency having jurisdiction shall be prohibited from filing a 10 complaint with the Iowa civil rights commission agency alleging 11 violations based upon the same acts or practices cited in the 12 original complaint; and a complainant who files a complaint 13 with the commission agency shall be prohibited from filing 14 a complaint with the referral agency alleging violations 15 based upon the same acts or practices cited in the original 16 complaint. However, the Iowa civil rights commission agency in 17 its discretion may refer a complaint filed with the commission 18 agency to a referral agency having jurisdiction over the 19 parties for investigation and resolution; and a referral agency 20 in its discretion may refer a complaint filed with that agency 21 to the commission office for investigation and resolution. 22 7. A final decision by a referral agency shall be subject 23 to judicial review as provided in section 216.17 in the same 24 manner and to the same extent as a final decision of the Iowa 25 civil rights commission agency . 26 8. The referral of a complaint by the Iowa office of 27 civil rights commission to a referral agency or by a referral 28 agency to the Iowa office of civil rights commission shall not 29 affect the right of a complainant to commence an action in the 30 district court under section 216.16 . 31 Sec. 276. Section 216.21, Code 2024, is amended to read as 32 follows: 33 216.21 Documents to attorney or party. 34 If a party is represented by an attorney during the 35 -115- SF 2385.4200 (1) 90 ss/ns 115/ 234
proceedings of the agency or commission, with permission of 1 the attorney for the party or of the party, the agency or 2 commission shall provide copies of all relevant documents 3 including an order or decision to either the attorney for the 4 party or the party, but not to both. 5 Sec. 277. Section 216.22, subsection 2, paragraph b, Code 6 2024, is amended to read as follows: 7 b. The franchisor has been found by the commission agency to 8 have exercised a type or degree of control over the franchisee 9 or the franchisee’s employees that is not customarily exercised 10 by a franchisor for the purpose of protecting the franchisor’s 11 trademarks and brand. 12 Sec. 278. Section 230A.110, subsection 2, Code 2024, is 13 amended by striking the subsection. 14 Sec. 279. Section 235B.1, subsection 4, Code 2024, is 15 amended by striking the subsection. 16 Sec. 280. Section 235B.3, subsection 1, paragraph a, 17 subparagraph (4), Code 2024, is amended to read as follows: 18 (4) If, in the course of an assessment or evaluation of 19 a report of dependent adult abuse, the department or the 20 department of inspections, appeals, and licensing determines 21 that the case involves discrimination under the jurisdiction 22 of the Iowa office of civil rights commission , the relevant 23 portions of the case shall be referred to the commission 24 office . 25 Sec. 281. Section 235B.16A, subsections 1 and 4, Code 2024, 26 are amended to read as follows: 27 1. The dependent adult protective advisory council 28 established pursuant to section 235B.1 department shall 29 recommend adopt a uniform assessment instrument and process for 30 adoption and use by the department and other agencies involved 31 with assessing a dependent adult’s degree of dependency 32 and determining whether dependent adult abuse has occurred. 33 However, this section shall not apply to dependent adult abuse 34 assessments and determinations made under chapter 235E . 35 -116- SF 2385.4200 (1) 90 ss/ns 116/ 234
4. The department shall cooperate with the departments 1 of inspections, appeals, and licensing, public safety, 2 and workforce development, the Iowa office of civil rights 3 commission , and other state and local agencies performing 4 inspections or otherwise visiting residential settings where 5 dependent adults live, to regularly provide training to the 6 appropriate staff in the agencies concerning each agency’s 7 procedures involving dependent adults, and to build awareness 8 concerning dependent adults and reporting of dependent adult 9 abuse. 10 Sec. 282. Section 235E.5, Code 2024, is amended to read as 11 follows: 12 235E.5 Rulemaking authority. 13 The department, in cooperation and consultation with 14 the dependent adult protective advisory council established 15 in section 235B.1 , affected industry representatives , and 16 professional and consumer groups, may adopt rules pursuant to 17 chapter 17A to administer this chapter . 18 Sec. 283. Section 237A.12, subsection 3, Code 2024, is 19 amended to read as follows: 20 3. Rules relating to fire safety for child care centers 21 shall be adopted under this chapter by the director of 22 the department of inspections, appeals, and licensing in 23 consultation with the department. Rules adopted by the 24 director of the department of inspections, appeals, and 25 licensing for a building which is owned or leased by a school 26 district or accredited nonpublic school and used as a child 27 care facility shall not differ from standards adopted by 28 the director of the department of inspections, appeals, and 29 licensing for school buildings under chapter 10A, subchapter V, 30 part 2 . Rules relating to sanitation shall be adopted by the 31 department. All rules shall be developed in consultation with 32 the state child care advisory committee. The director of the 33 department of inspections, appeals, and licensing shall inspect 34 the facilities. 35 -117- SF 2385.4200 (1) 90 ss/ns 117/ 234
Sec. 284. Section 237A.25, subsection 1, Code 2024, is 1 amended to read as follows: 2 1. The department shall develop consumer information 3 material to assist parents in selecting a child care provider. 4 In developing the material, the department shall consult with 5 department staff, department of education staff, the state 6 child care advisory committee, the early childhood Iowa state 7 board, and child care resource and referral services. In 8 addition, the department may consult with other entities at the 9 local, state, and national level. 10 Sec. 285. Section 237A.30, subsection 1, Code 2024, is 11 amended to read as follows: 12 1. The department shall work with the early childhood Iowa 13 program established in section 256I.5 and the state child care 14 advisory committee in designing and implementing a voluntary 15 quality rating system for each provider type of child care 16 facility. 17 Sec. 286. Section 256.3, subsections 1 and 2, Code 2024, are 18 amended to read as follows: 19 1. The state board of education is established for the 20 department. The state board consists of ten nine members: 21 nine seven voting members , and one nonvoting student member , 22 and the director of the department of workforce development, 23 who shall serve as a nonvoting member . The voting members 24 shall be appointed by the governor subject to senate 25 confirmation. The nonvoting student member shall be appointed 26 as provided in section 256.5A . 27 2. The voting members shall be registered voters of 28 the state and hold no other elective or appointive state 29 office. Not more than five voting members shall be of the 30 same political party. Three of the voting members shall 31 have substantial knowledge related to the community college 32 system. The remaining six voting members shall be members of 33 the general public. A voting member shall not be engaged in 34 professional education for a major portion of the member’s time 35 -118- SF 2385.4200 (1) 90 ss/ns 118/ 234
nor shall the member derive a major portion of income from any 1 business or activity connected with education. 2 Sec. 287. Section 256.7, subsection 7, paragraph c, Code 3 2024, is amended by striking the paragraph. 4 Sec. 288. Section 256.9, subsection 31, paragraph b, Code 5 2024, is amended to read as follows: 6 b. Standards and materials developed shall include materials 7 which employ developmentally appropriate practices and 8 incorporate substantial parental involvement. The materials 9 and standards shall include alternative teaching approaches 10 including collaborative teaching and alternative dispute 11 resolution training. The department shall consult with the 12 child development coordinating council, the state child care 13 advisory committee established pursuant to section 135.173A , 14 the department of health and human services, the state board 15 of regents center for early developmental education, the 16 area education agencies, the department of human development 17 and family studies in the college of human sciences at 18 Iowa state university of science and technology, the early 19 childhood elementary division of the college of education at 20 the university of Iowa, and the college of education at the 21 university of northern Iowa, in developing these standards and 22 materials. 23 Sec. 289. Section 256.17, Code 2024, is amended to read as 24 follows: 25 256.17 Postsecondary course audit committee . 26 1. The department shall establish and facilitate a 27 postsecondary course audit committee which shall annually 28 audit postsecondary courses offered to high school students in 29 accordance with chapter 261E . 30 2. The committee shall include but not be limited 31 to representatives from the kindergarten through grade 32 twelve education community, community colleges, and regents 33 universities. 34 3. 2. The committee department shall establish a sampling 35 -119- SF 2385.4200 (1) 90 ss/ns 119/ 234
technique that randomly selects courses for audit. The audit 1 shall include but not be limited to a review of the course 2 syllabus, teacher qualifications, examples of student products, 3 and results of student assessments. Standards for review shall 4 be established by the committee and approved by the department. 5 Audit findings shall be submitted to the institutions providing 6 the classes audited and shall be posted on the department’s 7 internet site. 8 4. 3. If the committee department determines that a 9 postsecondary course offered to high school students in 10 accordance with chapter 261E does not meet the standards 11 established by the committee department pursuant to subsection 12 3 2 , the course shall not be eligible for future supplementary 13 weighting under section 257.11 . If the institution makes 14 changes to the course sufficient to cause the course to meet 15 the standards of the committee department , the committee 16 department may reinstate the eligibility of the course for 17 future supplementary weighting under section 257.11 . 18 Sec. 290. Section 256.32, subsection 1, Code 2024, is 19 amended to read as follows: 20 1. An advisory council for agricultural education is 21 established, which consists of nine seven members appointed 22 by the governor. The nine seven members shall include the 23 following: 24 a. Five at least four persons representing all areas 25 of agriculture and diverse geographical areas and at least 26 one person involved in the field of education, including 27 but not limited to a secondary school program instructor, a 28 postsecondary school program instructor, or a teacher educator . 29 b. An individual representing agriculture on a council 30 created to advise the state on career and technical education 31 matters. 32 c. A secondary school program instructor, a postsecondary 33 school program instructor, and a teacher educator. 34 Sec. 291. Section 256.33, subsection 1, Code 2024, is 35 -120- SF 2385.4200 (1) 90 ss/ns 120/ 234
amended to read as follows: 1 1. The department shall consort with school districts, 2 area education agencies, community colleges, and colleges 3 and universities to provide assistance to them in the use 4 of educational technology for instruction purposes. The 5 department shall consult with the advisory committee on 6 telecommunications, established in section 256.7, subsection 7 , 7 and other users of educational technology on the development 8 and operation of programs under this section . 9 Sec. 292. Section 256.82, subsection 1, paragraph a, Code 10 2024, is amended to read as follows: 11 a. Four members shall be appointed by the governor so 12 that the portion of the board membership appointed under this 13 paragraph includes two male board members and two female board 14 members at all times: 15 (1) One member shall be appointed from the business 16 community other than the television and telecommunications 17 industry. 18 (2) One member shall be appointed with experience in or 19 knowledge about the television industry. 20 (3) One member shall be appointed from the membership of 21 a fundraising nonprofit organization financially assisting 22 the Iowa public broadcasting division . At least one member 23 shall have experience in or knowledge of the television and 24 telecommunications industry, and at least one member shall 25 have experience with or knowledge of fundraising nonprofit 26 organizations. 27 (4) One member shall represent the general public. 28 Sec. 293. Section 256.176, subsection 2, paragraphs a and d, 29 Code 2024, are amended to read as follows: 30 a. A member of the state board of regents to be named by the 31 state board of regents, or the executive director of the state 32 board of regents if so appointed by the state board of regents, 33 who shall serve for a four-year term or until the expiration 34 of the member’s term of office , and who shall serve as an ex 35 -121- SF 2385.4200 (1) 90 ss/ns 121/ 234
officio, nonvoting member . 1 d. Nine Seven additional members to be appointed by the 2 governor as follows: 3 (1) One member shall be selected to represent private 4 colleges and universities located in the state of Iowa. 5 When appointing this member, the governor shall give careful 6 consideration to any person nominated or recommended by any 7 organization or association of some or all private colleges and 8 universities located in the state of Iowa. 9 (2) One member shall be selected to represent Iowa’s 10 community colleges. When appointing this member, the governor 11 shall give careful consideration to any person nominated 12 or recommended by any organization or association of Iowa 13 community colleges. 14 (3) (1) One At least one member shall be enrolled as a 15 student at an institution of higher learning governed by the 16 board of regents, a community college, or an accredited private 17 institution. 18 (4) (2) One At least one member shall be a parent of a 19 student enrolled at an institution of higher learning governed 20 by the board of regents, a community college, or an accredited 21 private institution. 22 (5) (3) One At least one member shall represent 23 practitioners licensed under chapter 256, subchapter VII, 24 part 3 . When appointing this member, the governor shall give 25 careful consideration to any person nominated by an Iowa 26 teacher association or other education stakeholder organization 27 have knowledge and experience in financial or fiduciary 28 matters . 29 (6) Four members shall represent the general public, 30 none of whom shall be officers, board members, or trustees 31 of an institution of higher learning or of an association of 32 institutions of higher learning. 33 Sec. 294. Section 256.176, subsection 2, Code 2024, is 34 amended by adding the following new paragraphs: 35 -122- SF 2385.4200 (1) 90 ss/ns 122/ 234
NEW PARAGRAPH . e. One member to represent private colleges 1 and universities located in the state of Iowa, who shall be 2 selected by an organization or association of some or all 3 private colleges and universities located in the state of Iowa, 4 and who shall serve as an ex officio, nonvoting member. 5 NEW PARAGRAPH . f. One member to represent Iowa’s community 6 colleges, who shall be selected by an organization or 7 association of Iowa community colleges, and who shall serve as 8 an ex officio, nonvoting member. 9 Sec. 295. Section 256I.4, subsection 19, Code 2024, is 10 amended by striking the subsection and inserting in lieu 11 thereof the following: 12 19. Serve as the state advisory council required under the 13 federal Improving Head Start for School Readiness Act of 2007, 14 Pub. L. No. 110-134, as designated by the governor. 15 Sec. 296. Section 260C.36, subsection 4, Code 2024, is 16 amended to read as follows: 17 4. The department of education shall establish the 18 following committees: 19 a. An an ad hoc accreditation quality faculty plan protocol 20 committee to advise the department in the development of 21 protocols related to the quality faculty planning process to 22 be used by the accreditation teams during site visits. The 23 committee shall, at a minimum, determine what types of evidence 24 need to be provided, develop interview procedures and visit 25 goals, and propose accreditation protocol revisions. 26 b. An ongoing quality faculty plan professional development 27 committee. The committee shall, at a minimum, do the 28 following: 29 (1) Develop systemic, ongoing, and sustainable statewide 30 professional development opportunities that support 31 institutional development as well as individual development and 32 support of the quality faculty plans. The opportunities may 33 include internet-based systems to share promising practices. 34 (2) Determine future professional development needs. 35 -123- SF 2385.4200 (1) 90 ss/ns 123/ 234
(3) Develop or identify training and assistance relating to 1 the quality faculty plan process and requirements. 2 (4) Assist the department and community colleges in 3 developing professional development consortia. 4 (5) Review and identify best practices in each community 5 college quality faculty plan, including best practices 6 regarding adjunct faculty. 7 c. A community college faculty advisory committee consisting 8 of one member and one alternate from each community college, 9 appointed by the committee established pursuant to subsection 10 1 . The committee membership shall be equally represented by 11 individuals from the liberal arts and sciences faculty and 12 the career and technical faculty. The committee shall, at a 13 minimum, keep faculty informed of higher education issues, 14 facilitate communication between the faculty and the department 15 on an ongoing basis, and serve as an advisory committee to the 16 department and community colleges on faculty issues. 17 Sec. 297. Section 260C.39, subsection 3, Code 2024, is 18 amended to read as follows: 19 3. The terms of employment of personnel, for the academic 20 year following the effective date of the agreement to combine 21 the merged areas shall not be affected by the combination of 22 the merged areas, except in accordance with the procedures 23 under sections 279.15 , 279.16 , 279.18 , and 279.24 , to 24 the extent those procedures are applicable, or under the 25 terms of the base bargaining agreement. The authority and 26 responsibility to offer new contracts or to continue, modify, 27 or terminate existing contracts pursuant to any applicable 28 procedures under chapter 279 , shall be transferred to the 29 acting, and then to the new, board of the combined merged area 30 upon certification of a favorable vote to each of the merged 31 areas affected by the agreement. The collective bargaining 32 agreement of the merged area receiving the greatest amount of 33 general state aid shall serve as the base agreement for the 34 combined merged area and the employees of the merged areas 35 -124- SF 2385.4200 (1) 90 ss/ns 124/ 234
which combined to form the new combined merged area shall 1 automatically be accreted to the bargaining unit from that 2 former merged area for purposes of negotiating the contracts 3 for the following years without further action by the public 4 employment relations appeal board. If only one collective 5 bargaining agreement is in effect among the merged areas which 6 are combining under this section , then that agreement shall 7 serve as the base agreement, and the employees of the merged 8 areas which are combining to form the new combined merged 9 area shall automatically be accreted to the bargaining unit 10 of that former merged area for purposes of negotiating the 11 contracts for the following years without further action by the 12 public employment relations appeal board. The board of the 13 combined merged area, using the base agreement as its existing 14 contract, shall bargain with the combined employees of the 15 merged areas that have agreed to combine for the academic year 16 beginning with the effective date of the agreement to combine 17 merged areas. The bargaining shall be completed by March 15 18 prior to the academic year in which the agreement to combine 19 merged areas becomes effective or within one hundred eighty 20 days after the organization of the acting board of the new 21 combined merged area, whichever is later. If a bargaining 22 agreement was already concluded in the former merged area which 23 has the collective bargaining agreement that is serving as the 24 base agreement for the new combined merged area, between the 25 former merged area board and the employees of the former merged 26 area, that agreement is void, unless the agreement contained 27 multiyear provisions affecting academic years subsequent to the 28 effective date of the agreement to form a combined merged area. 29 If the base collective bargaining agreement contains multiyear 30 provisions, the duration and effect of the agreement shall 31 be controlled by the terms of the agreement. The provisions 32 of the base agreement shall apply to the offering of new 33 contracts, or the continuation, modification, or termination 34 of existing contracts between the acting or new board of the 35 -125- SF 2385.4200 (1) 90 ss/ns 125/ 234
combined merged area and the combined employees of the new 1 combined merged area. 2 Sec. 298. Section 261A.6, subsection 2, Code 2024, is 3 amended to read as follows: 4 2. a. The For members appointed prior to the effective date 5 of this division of this Act, members of the authority shall be 6 appointed by the governor for terms of six years beginning and 7 ending as provided in section 69.19 . A member of the authority 8 is eligible for reappointment. 9 b. For members appointed on or after the effective date of 10 this division of this Act, members of the authority shall be 11 appointed by the governor for terms of four years beginning and 12 ending as provided in section 69.19. A member of the authority 13 shall not serve more than two full terms. 14 c. The governor shall fill a vacancy for the remainder of 15 the unexpired term. A member of the authority may be removed 16 by the governor for misfeasance, malfeasance, or willful 17 neglect of duty or other cause after notice and a public 18 hearing unless the notice and hearing are waived by the member 19 in writing. 20 Sec. 299. Section 266.39, subsections 3 and 5, Code 2024, 21 are amended by striking the subsections. 22 Sec. 300. Section 272C.1, subsection 6, paragraph u, Code 23 2024, is amended by striking the paragraph. 24 Sec. 301. Section 273.22, subsection 2, paragraph a, Code 25 2024, is amended to read as follows: 26 a. The collective bargaining agreement of the area education 27 agency with the largest basic enrollment, as defined in section 28 257.6 , for the year prior to the year the reorganization is 29 effective, shall serve as the base agreement in the new area 30 education agency and the employees of the other area education 31 agencies involved in the formation of the new area education 32 agency shall automatically be accreted to the bargaining 33 unit of that collective bargaining agreement for purposes of 34 negotiating the contracts for the following years without 35 -126- SF 2385.4200 (1) 90 ss/ns 126/ 234
further action by the public employment relations appeal 1 board. If only one collective bargaining agreement is in 2 effect among the area education agencies that are party to 3 the reorganization, that agreement shall serve as the base 4 agreement, and the employees of the other agencies involved 5 in the formation of the new area education agency shall 6 automatically be accreted to the bargaining unit of that 7 collective bargaining agreement for purposes of negotiating the 8 contracts for the following years without further action by the 9 public employment relations appeal board. 10 Sec. 302. Section 275.33, subsection 2, paragraph a, Code 11 2024, is amended to read as follows: 12 a. The collective bargaining agreement of the district 13 with the largest basic enrollment for the year prior to 14 the reorganization, as defined in section 257.6 , in the new 15 district shall serve as the base agreement and the employees 16 of the other districts involved in the formation of the new 17 district shall automatically be accreted to the bargaining 18 unit of that collective bargaining agreement for purposes of 19 negotiating the contracts for the following years without 20 further action by the public employment relations appeal board. 21 If only one collective bargaining agreement is in effect among 22 the districts which are party to the reorganization, then that 23 agreement shall serve as the base agreement, and the employees 24 of the other districts involved in the formation of the new 25 district shall automatically be accreted to the bargaining 26 unit of that collective bargaining agreement for purposes of 27 negotiating the contracts for the following years without 28 further action by the public employment relations appeal board. 29 Sec. 303. Section 284.11, subsection 2, paragraph c, Code 30 2024, is amended to read as follows: 31 c. Review the use and effectiveness of the funds distributed 32 to school districts for supplemental assistance in high-need 33 schools under this section , and consider the findings and 34 recommendations of the commission on educator leadership 35 -127- SF 2385.4200 (1) 90 ss/ns 127/ 234
and compensation submitted pursuant to section 284.15, 1 subsection 13 , relating to the use and effectiveness of the 2 funds distributed to school districts under this section . The 3 department shall submit its findings and recommendations in a 4 report to the general assembly by January 15 annually. 5 Sec. 304. Section 284.15, subsection 12, Code 2024, is 6 amended by striking the subsection. 7 Sec. 305. Section 284.15, subsection 14, Code 2024, is 8 amended to read as follows: 9 14. The provisions of this chapter shall be subject to 10 legislative review at least every three years. The review 11 shall be based upon a status report from the commission 12 on educator leadership and compensation, which shall be 13 prepared with the assistance of the departments of education, 14 management, and revenue. The status report shall review and 15 report on the department’s assignment and utilization of 16 full-time equivalent positions, and shall include information 17 on teacher retention, teacher compensation, academic quality 18 of beginning teachers, teacher evaluation results, student 19 achievement trend and comparative data, and recommendations 20 for changes to the teacher leadership supplement foundation 21 aid and the framework or comparable systems approved pursuant 22 to this section . The first status report shall be submitted 23 to the general assembly by January 15, 2017, with subsequent 24 status reports prepared and submitted to the general assembly 25 by January 15 at least every third year thereafter. 26 Sec. 306. Section 312.3, subsection 1, Code 2024, is amended 27 to read as follows: 28 1. Apportion among the counties the road use tax funds 29 credited to the secondary road fund by using the distribution 30 methodology adopted pursuant to section 312.3C by the 31 commission by rule . 32 Sec. 307. Section 312.3B, subsection 2, Code 2024, is 33 amended to read as follows: 34 2. The Iowa county engineers association service 35 -128- SF 2385.4200 (1) 90 ss/ns 128/ 234
bureau shall annually compute the secondary road fund and 1 farm-to-market road fund distributions using the methodology 2 determined by the secondary road fund distribution committee 3 pursuant to section 312.3C commission . The Iowa county 4 engineers association service bureau shall report the 5 computations to the secondary road fund distribution committee, 6 the department, the treasurer of state, and the counties. 7 Sec. 308. Section 312.5, subsection 1, Code 2024, is amended 8 to read as follows: 9 1. For the fiscal year ending June 30, 2006, the treasurer 10 of state shall apportion among the counties the road use tax 11 funds credited to the farm-to-market road fund by using the 12 allocation method contained in section 312.5, subsection 1 , 13 Code 2005. For subsequent fiscal years Each fiscal year , the 14 treasurer of state shall apportion among the counties the road 15 use tax funds credited to the farm-to-market road fund by using 16 the distribution methodology adopted pursuant to section 312.3C 17 by the commission . 18 Sec. 309. Section 312.16, Code 2024, is amended by adding 19 the following new subsection: 20 NEW SUBSECTION . 01. “Commission” means the state 21 transportation commission. 22 Sec. 310. Section 312A.3, subsection 2, Code 2024, is 23 amended to read as follows: 24 2. Twenty percent for deposit in the secondary road fund, 25 for apportionment according to the methodology adopted pursuant 26 to section 312.3C by the commission , to be used by counties 27 for construction and maintenance projects on secondary road 28 bridges and on highways in the farm-to-market road system. At 29 least ten percent of the moneys allocated to a county under 30 this subsection shall be used for bridge construction, repair, 31 and maintenance, with priority given to projects that aid and 32 support economic development and job creation. 33 Sec. 311. Section 314.1, subsection 2, Code 2024, is amended 34 to read as follows: 35 -129- SF 2385.4200 (1) 90 ss/ns 129/ 234
2. Notwithstanding any other provision of law to the 1 contrary, a public improvement that involves the construction, 2 reconstruction, or improvement of a highway, bridge, or culvert 3 and that has a cost in excess of the applicable threshold in 4 section 73A.18 , 262.34 , 297.7 , 309.40 , 310.14 , or 313.10 , as 5 modified by the bid threshold subcommittee director pursuant 6 to section 314.1B , shall be advertised and let for bid, except 7 such public improvements that involve emergency work pursuant 8 to section 309.40A , 313.10 , or 384.103, subsection 2 . For a 9 city having a population of fifty thousand or less, a public 10 improvement that involves the construction, reconstruction, or 11 improvement of a highway, bridge, or culvert that has a cost 12 in excess of twenty-five thousand dollars, as modified by the 13 bid threshold subcommittee director pursuant to section 314.1B , 14 shall be advertised and let for bid, excluding emergency work. 15 However, a public improvement that has an estimated total 16 cost to a city in excess of a threshold of fifty thousand 17 dollars, as modified by the bid threshold subcommittee director 18 pursuant to section 314.1B , and that involves the construction, 19 reconstruction, or improvement of a highway, bridge, or culvert 20 that is under the jurisdiction of a city with a population 21 of more than fifty thousand, shall be advertised and let for 22 bid. Cities required to competitively bid highway, bridge, 23 or culvert work shall do so in compliance with the contract 24 letting procedures of sections 26.3 through 26.12 . 25 Sec. 312. Section 314.1B, subsection 1, paragraph a, Code 26 2024, is amended by striking the paragraph. 27 Sec. 313. Section 314.1B, subsection 1, paragraph b, Code 28 2024, is amended to read as follows: 29 b. The subcommittee director, in consultation with industry 30 and subject matter experts, shall review the competitive bid 31 thresholds applicable to city and county highway, bridge, 32 and culvert projects. The subcommittee director shall 33 review price adjustments for all types of city and county 34 highway, bridge, and culvert construction, reconstruction, and 35 -130- SF 2385.4200 (1) 90 ss/ns 130/ 234
improvement projects, based on changes in the construction 1 price index from the preceding year. Upon completion of the 2 review the subcommittee director may make adjustments in the 3 applicable bid thresholds for types of work based on the price 4 adjustments. 5 Sec. 314. Section 314.1B, subsection 2, paragraph a, Code 6 2024, is amended by striking the paragraph. 7 Sec. 315. Section 314.1B, subsection 2, paragraphs b, c, d, 8 and e, Code 2024, are amended to read as follows: 9 b. The subcommittee appointed under this subsection 10 director, in consultation with industry and subject matter 11 experts, shall review the competitive bid thresholds applicable 12 to governmental entities under chapter 26 . The subcommittee 13 director shall review price adjustments for all types of 14 construction, reconstruction, and public improvement projects 15 based on the changes in the construction price index, building 16 cost index, and material cost index from the preceding 17 adjustment. Upon completion of the review the subcommittee 18 director may make adjustments in the applicable bid thresholds 19 for types of work based on the price adjustments. 20 c. The subcommittee shall not make an initial adjustment to 21 the competitive bid threshold in section 26.3 to be effective 22 prior to January 1, 2012. Thereafter, the subcommittee The 23 director shall adjust the bid threshold amount in accordance 24 with subsection 3 but shall not adjust the bid threshold to an 25 amount less than the bid threshold applicable to a governmental 26 entity on January 1, 2007. 27 d. Beginning July 1, 2006 2024 , the subcommittee director 28 shall make adjustments to the competitive quotation threshold 29 amounts in section 26.14 for vertical infrastructure in 30 accordance with the methodology of paragraph “b” . 31 e. After 2012, the subcommittee The director shall adjust 32 the competitive quotation threshold amounts in section 26.14 33 at the same time and by the same percentage as adjustments are 34 made to the competitive bid threshold. 35 -131- SF 2385.4200 (1) 90 ss/ns 131/ 234
Sec. 316. Section 314.1B, subsection 3, Code 2024, is 1 amended to read as follows: 2 3. Review —— publication. Each subcommittee The director 3 shall meet to conduct the review and make the adjustments 4 described in this section on or before August 1 of every 5 other year, or of every year if determined necessary by the 6 subcommittee director . By September 1 of each year in which 7 a subcommittee director makes adjustments in the bid or 8 quotation thresholds, the director shall cause an advisory 9 notice to be published in the Iowa administrative bulletin and 10 in a newspaper of general circulation in this state, stating 11 the adjusted bid and quotation thresholds to be in effect 12 on January 1 of the following year, as established by the 13 subcommittees director under this section . 14 Sec. 317. Section 314.13, subsection 2, Code 2024, is 15 amended by striking the subsection. 16 Sec. 318. Section 314.13, Code 2024, is amended by adding 17 the following new subsection: 18 NEW SUBSECTION . 4A. “Director” means the director of 19 transportation. 20 Sec. 319. Section 314.22, subsection 3, Code 2024, is 21 amended to read as follows: 22 3. Integrated roadside vegetation management technical 23 advisory committee Report . 24 a. The director of the department shall appoint members 25 to an integrated roadside vegetation management technical 26 advisory committee which is created to provide advice on the 27 development and implementation of a statewide integrated 28 roadside vegetation management plan and program and related 29 projects. The department shall report annually in January to 30 the general assembly regarding its activities and those of the 31 committee under this section . Activities of the committee may 32 include but are not limited to providing advice and assistance 33 in the following areas: 34 (1) Research efforts. 35 -132- SF 2385.4200 (1) 90 ss/ns 132/ 234
(2) Demonstration projects. 1 (3) Education and orientation efforts for property owners, 2 public officials, and the general public. 3 (4) Activities of the integrated roadside vegetation 4 management coordinator for integrated roadside vegetation 5 management. 6 (5) Reviewing applications for funding assistance. 7 (6) Securing funding for research and demonstrations. 8 (7) Determining needs for revising the state weed law and 9 other applicable Code sections. 10 (8) Liaison with the Iowa state association of counties, the 11 Iowa league of cities, and other organizations for integrated 12 roadside vegetation management purposes. 13 b. The director may appoint any number of persons to the 14 committee but, at a minimum, the committee shall consist of all 15 of the following: 16 (1) One member representing the utility industry. 17 (2) One member from the Iowa academy of sciences. 18 (3) One member representing county government. 19 (4) One member representing city government. 20 (5) Two members representing the private sector including 21 community interest groups. 22 (6) One member representing soil conservation interests. 23 (7) One member representing the department of natural 24 resources. 25 (8) One member representing county conservation boards. 26 c. Members of the committee shall serve without 27 compensation, but may be reimbursed for allowable expenses from 28 the living roadway trust fund created under section 314.21 . No 29 more than a simple majority of the members of the committee 30 shall be of the same gender as provided in section 69.16A . 31 The director of the department shall appoint the chair of the 32 committee and shall establish a minimum schedule of meetings 33 for the committee. 34 Sec. 320. Section 321.252, subsection 3, paragraph a, Code 35 -133- SF 2385.4200 (1) 90 ss/ns 133/ 234
2024, is amended to read as follows: 1 a. The department shall establish, by rule, in cooperation 2 with a tourist signing committee, the standards for 3 tourist-oriented directional signs and shall annually review 4 the list of attractions for which signing is in place. The 5 rules shall conform to national standards for tourist-oriented 6 directional signs adopted under 23 U.S.C. §131(q) and to the 7 manual of uniform traffic-control devices. 8 (1) The tourist signing committee shall be made up of 9 the directors or the directors’ designees of the departments 10 of agriculture and land stewardship, natural resources, and 11 transportation, the director or the director’s designee of 12 the economic development authority, the chairperson or the 13 chairperson’s designee of the Iowa travel council, and a 14 member of the outdoor advertising association of Iowa. The 15 director or the director’s designee of the economic development 16 authority shall be the chairperson of the committee. 17 (2) The department of transportation shall be responsible 18 for calling and setting the date of the meetings of the 19 committee which meetings shall be based upon the amount of 20 activity relating to signs. However, the committee shall meet 21 at least once a month. 22 Sec. 321. Section 333A.2, subsection 1, paragraphs b and c, 23 Code 2024, are amended to read as follows: 24 b. Five elected county officials who are regularly involved 25 in budget preparation. One county official shall be from 26 a county with a population of less than eleven thousand 27 five hundred, one from a county with a population of more 28 than eleven thousand five hundred but not more than sixteen 29 thousand, one from a county with a population of more than 30 sixteen thousand but not more than twenty-two thousand five 31 hundred, one from a county with a population of more than 32 twenty-two thousand five hundred but not more than eighty 33 thousand and one from a county with a population of more than 34 eighty thousand. The governor director of the department of 35 -134- SF 2385.4200 (1) 90 ss/ns 134/ 234
management shall select and appoint the county officials , 1 subject to the approval of two-thirds of the members of the 2 senate . 3 c. A certified public accountant experienced in governmental 4 accounting selected and appointed by the governor with the 5 approval of two-thirds of the members of the senate director of 6 the department of management . 7 Sec. 322. Section 333A.2, subsection 2, Code 2024, is 8 amended to read as follows: 9 2. The members of the committee appointed by the governor 10 director of the department of management are appointed for 11 four-year terms except that of the initial appointments, two 12 county official members shall be appointed to two-year terms. 13 When a county official member no longer holds the office which 14 qualified the official for appointment, the official shall no 15 longer be a member of the committee. Any person appointed to 16 fill a vacancy shall be appointed to serve the unexpired term. 17 Any member is eligible for reappointment, but a member shall 18 not be appointed to serve more than two four-year terms. 19 Sec. 323. Section 357A.21, subsection 2, Code 2024, is 20 amended to read as follows: 21 2. If an agreement is not reached under subsection 1 , 22 the governing body of the city or water utility or the board 23 of directors or trustees of the district or association may 24 request mediation pursuant to chapter 679C . The governing 25 body or board requesting mediation shall be responsible for 26 the costs of the mediation. A mediation committee shall be 27 established if a governing body or board requests mediation 28 pursuant to this subsection . The mediation committee shall 29 consist of one member of the governing body of the city or the 30 governing body’s designee, one member of the board of directors 31 or trustees of the district or association, as applicable, and 32 one disinterested member chosen by the other two members. A 33 list of qualified mediators may be obtained from the American 34 arbitration association, the public employment relations appeal 35 -135- SF 2385.4200 (1) 90 ss/ns 135/ 234
board established pursuant to section 20.5 10A.601 , or a 1 recognized mediation organization or association. 2 Sec. 324. Section 384.13, subsection 2, paragraphs c and d, 3 Code 2024, are amended to read as follows: 4 c. Five city officials who are regularly involved in 5 budget preparation. One official must be from a city with a 6 population of not over two thousand five hundred, one from a 7 city with a population of over two thousand five hundred but 8 not over fifteen thousand, one from a city with a population 9 of over fifteen thousand but not over fifty thousand, one from 10 a city with a population of over fifty thousand, and one from 11 any size city. The governor director of the department of 12 management shall select and appoint the city officials. 13 d. One certified public accountant experienced in city 14 accounting, to be selected and appointed by the governor 15 director of the department of management . 16 Sec. 325. Section 455A.5, subsection 1, Code 2024, is 17 amended to read as follows: 18 1. a. A natural resource commission is created, which 19 consists of seven members appointed by the governor for 20 staggered terms of six years beginning and ending as provided 21 in section 69.19 , except as provided in paragraph “b” . The 22 appointees are subject to senate confirmation. The members 23 shall be citizens of the state who have a substantial knowledge 24 of the subjects embraced by chapter 456A . The appointments 25 shall be based upon the training, experience, and capacity of 26 the appointees, and not based upon political considerations, 27 other than as provided in section 69.16 . A member of the 28 commission shall not hold any other state or federal office. 29 b. For members appointed on or after the effective date 30 of this division of this Act, members shall serve staggered 31 terms of four years beginning and ending as provided in section 32 69.19. 33 Sec. 326. Section 455A.5, subsection 6, paragraph d, Code 34 2024, is amended to read as follows: 35 -136- SF 2385.4200 (1) 90 ss/ns 136/ 234
d. Approve Provide advice and recommendations regarding 1 the budget request prepared by the director for the programs 2 authorized by chapters 321G , 321I , 456A , 456B , 457A , 461A , 3 462A , 462B , 464A , 481A , 481B , 483A , 484A , and 484B . The 4 commission may increase, decrease, or strike any item within 5 the department budget request for the specified programs before 6 granting approval. 7 Sec. 327. Section 455A.6, subsection 6, paragraph d, Code 8 2024, is amended to read as follows: 9 d. Approve Provide advice and make recommendations regarding 10 the budget request prepared by the director for the programs 11 authorized by chapters 455B , 455C , 455E , 455F , 455H , and 459, 12 subchapters II and III . The commission shall approve the 13 budget request prepared by the director for programs subject to 14 the rulemaking authority of the commission. The commission may 15 increase, decrease, or strike any item within the department 16 budget request for the specified programs before granting 17 approval. 18 Sec. 328. Section 455A.19, subsection 1, unnumbered 19 paragraph 1, Code 2024, is amended to read as follows: 20 Upon receipt of any revenue, the director shall deposit the 21 moneys in the Iowa resources enhancement and protection fund 22 created pursuant to section 455A.18 . The first three hundred 23 fifty thousand dollars of the funds received for deposit in the 24 fund annually shall be allocated to the conservation education 25 program board for the purposes specified in section 455A.21 . 26 One percent of the revenue receipts shall be deducted and 27 transferred to the administration fund provided for in section 28 456A.17 . All of the remaining receipts shall be allocated to 29 the following accounts: 30 Sec. 329. Section 455A.21, Code 2024, is amended to read as 31 follows: 32 455A.21 Conservation education program board . 33 1. A conservation education program board is created in 34 the department. The board shall have five members appointed 35 -137- SF 2385.4200 (1) 90 ss/ns 137/ 234
as follows: 1 a. One member appointed by the director of the department 2 of education. 3 b. One member appointed by the director of the department of 4 natural resources. 5 c. One member appointed by the president of the Iowa 6 association of county conservation boards. 7 d. One member appointed by the president of the Iowa 8 association of naturalists. 9 e. One member appointed by the president of the Iowa 10 conservation education council. 11 2. Section 69.16 does not apply to appointments made 12 pursuant to this section . 13 3. The duties of the board are to department shall revise 14 and produce conservation education materials and to specify 15 stipends to Iowa educators who participate in innovative 16 conservation education programs approved by the board 17 department . The board department shall allocate the funds 18 provided for under section 455A.19, subsection 1 , for the 19 educational materials and stipends. 20 4. The department shall administer the funds allocated to 21 the conservation education program as provided in this section . 22 Sec. 330. Section 455B.190A, subsection 1, paragraph h, 23 Code 2024, is amended by striking the paragraph. 24 Sec. 331. Section 455B.190A, subsection 2, paragraphs f and 25 g, Code 2024, are amended to read as follows: 26 f. The department shall develop continuing education 27 requirements for certification of a well contractor in 28 consultation with the well contractors’ council . 29 g. The examination shall be developed by the department in 30 consultation with the well contractors’ council to determine 31 the applicant’s qualifications to perform well drilling or 32 pump services or both. The examination shall be updated 33 as necessary to reflect current groundwater law and well 34 construction, maintenance, pump services, and abandonment 35 -138- SF 2385.4200 (1) 90 ss/ns 138/ 234
practices. The examination shall be administered by the 1 department or by a person designated by the department. 2 Sec. 332. Section 455B.190A, subsections 3 and 6, Code 2024, 3 are amended by striking the subsections. 4 Sec. 333. Section 455B.190A, subsection 4, Code 2024, is 5 amended to read as follows: 6 4. The department shall develop , in consultation with the 7 well contractors’ council, a consumer information pamphlet 8 regarding well construction, well maintenance, well plugging, 9 pump services, and Iowa groundwater laws. The department and 10 the council shall review and revise the consumer information 11 pamphlet as necessary. The consumer information pamphlet shall 12 be supplied to well contractors, at cost, and well contractors 13 shall supply one copy at no cost to potential customers prior 14 to initiation of well services. 15 Sec. 334. Section 455B.190A, subsection 5, unnumbered 16 paragraph 1, Code 2024, is amended to read as follows: 17 The department shall establish by rule and collect , in 18 consultation with the well contractors’ council, the following 19 fees to be used to implement and administer the provisions of 20 this section : 21 Sec. 335. Section 455G.4, Code 2024, is amended by adding 22 the following new subsection: 23 NEW SUBSECTION . 7. Repeal. This section is repealed 24 December 31, 2028. On or before November 29, 2027, the 25 department of natural resources, in consultation with the 26 board, shall propose legislation to the general assembly to 27 strike or repeal provisions referencing the board and the Iowa 28 comprehensive petroleum underground storage tank fund created 29 in section 455G.3 throughout the Code. The remainder of the 30 moneys in the Iowa comprehensive petroleum underground storage 31 tank fund on December 31, 2028, shall be transferred to the 32 storage tank management account of the groundwater protection 33 fund created in section 455E.11. 34 Sec. 336. Section 461A.42, subsection 1, paragraph a, Code 35 -139- SF 2385.4200 (1) 90 ss/ns 139/ 234
2024, is amended to read as follows: 1 a. A firearm or other weapon authorized for hunting may be 2 used in preserves or parts of preserves designated by the state 3 advisory board on preserves department at the request of the 4 commission. 5 Sec. 337. Section 465C.1, subsection 2, Code 2024, is 6 amended by striking the subsection. 7 Sec. 338. Section 465C.1, subsection 4, Code 2024, is 8 amended to read as follows: 9 4. “Dedication” means the allocation of an area as a 10 preserve by a public agency or by a private owner by written 11 stipulation in a form approved by the state advisory board for 12 preserves department . 13 Sec. 339. Section 465C.2, Code 2024, is amended to read as 14 follows: 15 465C.2 Advisory board. 16 There is hereby created a state system of preserves and a 17 state advisory board for preserves . 18 Sec. 340. Section 465C.8, unnumbered paragraph 1, Code 19 2024, is amended to read as follows: 20 The board department shall have the following powers and 21 duties with respect to this chapter : 22 Sec. 341. Section 465C.8, subsection 9, Code 2024, is 23 amended by striking the subsection. 24 Sec. 342. Section 465C.9, Code 2024, is amended to read as 25 follows: 26 465C.9 Articles of dedication. 27 1. The public agency or private owner shall complete 28 articles of dedication on forms approved by the board 29 department . When the articles of dedication have been approved 30 by the governor, the board department shall record them with 31 the county recorder for the county or counties in which the 32 area is located. 33 2. The articles of dedication may contain restrictions 34 on development, sale, transfer, method of management, public 35 -140- SF 2385.4200 (1) 90 ss/ns 140/ 234
access, and commercial or other use, and may contain such other 1 provisions as may be necessary to further the purposes of this 2 chapter . They may define the respective jurisdictions of the 3 owner or operating agency and the board department . They may 4 provide procedures to be applied in case of violation of the 5 dedication. They may recognize reversionary rights. They may 6 vary in provisions from one preserve to another in accordance 7 with differences in relative conditions. 8 Sec. 343. Section 465C.10, Code 2024, is amended to read as 9 follows: 10 465C.10 When dedicated as a preserve. 11 An area shall become a preserve when it has been approved by 12 the board department for dedication as a preserve, whether in 13 public or private ownership, formally dedicated as a preserve 14 within the system by a public agency or private owner and 15 designated by the governor as a preserve. 16 Sec. 344. Section 465C.11, Code 2024, is amended to read as 17 follows: 18 465C.11 Area held in trust. 19 1. An area designated as a preserve within the system is 20 hereby declared put to its highest, best, and most important 21 use for public benefit. It shall be held in trust and shall not 22 be alienated except to another public use upon a finding by the 23 board department of imperative and unavoidable public necessity 24 and with the approval of the commission, the general assembly 25 by concurrent resolution, and the governor. The board’s 26 department’s interest or interests in any area designated as a 27 preserve shall not be taken under the condemnation statutes of 28 this state without such a finding of imperative and unavoidable 29 public necessity by the board department , and with the 30 consent of the commission, the general assembly by concurrent 31 resolution, and the governor. 32 2. The board department , with the approval of the governor, 33 may enter into amendments to any articles of dedication upon 34 its finding that such amendment will not permit an impairment, 35 -141- SF 2385.4200 (1) 90 ss/ns 141/ 234
disturbance, or development of the area inconsistent with the 1 purposes of this chapter . 2 3. Before the board department shall make a finding 3 of imperative and unavoidable public necessity, or shall 4 enter into any amendment to articles of dedication, the 5 board department shall provide notice of such proposal and 6 opportunity for any person to be heard. Such notice shall 7 be published at least once in a newspaper with a general 8 circulation in the county or counties wherein the area directly 9 affected is situated, and mailed within ten days of such 10 published notice to all persons who have requested notice of 11 all such proposed actions. Each notice shall set forth the 12 substance of the proposed action and describe, with or without 13 legal description, the area affected, and shall set forth a 14 place and time not less than sixty days thence for all persons 15 desiring to be heard to have reasonable opportunity to be heard 16 prior to the finding of the board department . 17 Sec. 345. Section 481C.2, subsection 3, Code 2024, is 18 amended to read as follows: 19 3. The criteria for issuing depredation licenses and 20 permits shall be established in administrative rules in 21 consultation with the farmer advisory committee created in 22 section 481A.10A . The administrative rules adopted pursuant 23 to this section shall not require a producer to erect or 24 maintain fencing at a cost exceeding one thousand dollars as a 25 requisite for receiving a depredation license or permit or for 26 participation in a depredation plan. 27 Sec. 346. Section 524.223, subsection 2, unnumbered 28 paragraph 1, Code 2024, is amended to read as follows: 29 If the state bank, director, officer, employee, or 30 substantial shareholder fails to appear at the hearing it shall 31 be deemed to have consented to the issuance of a cease and 32 desist order. In the event of such consent, or if upon the 33 record made at such hearing, the superintendent shall find that 34 any violation or unsafe or unsound practice specified in the 35 -142- SF 2385.4200 (1) 90 ss/ns 142/ 234
notice has been established, the superintendent may issue and 1 serve upon the state bank, director, officer, employee, or 2 substantial shareholder an order to cease and desist from any 3 such violation or practice. Such order may require the state 4 bank and its directors, officers, employees, and shareholders 5 to cease and desist from any such violation or practice and, 6 further, to take affirmative action to correct the conditions 7 resulting from any such violation or practice. In addition, 8 if the violation or practice involves a failure to comply with 9 chapter 12C or any rules adopted pursuant to chapter 12C , the 10 superintendent may recommend to the committee established under 11 section 12C.6 treasurer of state that the bank be removed from 12 the list of financial institutions eligible to accept public 13 funds under section 12C.6A and may require that during the 14 current calendar quarter and up to the next succeeding eight 15 calendar quarters that the bank do any one or more of the 16 following: 17 Sec. 347. Section 542.4, subsection 1, paragraphs a and b, 18 Code 2024, are amended to read as follows: 19 a. The board shall consist of eight five members, appointed 20 by the governor and subject to senate confirmation, all of whom 21 shall be residents of this state. Five Four of the eight five 22 members shall be holders of certificates issued under section 23 542.6 , one member shall be the holder of a license issued 24 under section 542.8 , and two one shall not be a certified 25 public accountants accountant or licensed public accountants 26 accountant and shall represent the general public. At least 27 three of the holders of certificates issued under section 28 542.6 shall also be qualified to supervise attest services as 29 provided in section 542.7 . 30 b. A certified or licensed member of the board shall be 31 actively engaged in practice as a certified public accountant 32 or as a licensed public accountant and shall have been so 33 engaged for five years preceding appointment, the last two of 34 which shall have been in this state . 35 -143- SF 2385.4200 (1) 90 ss/ns 143/ 234
Sec. 348. Section 542B.15, Code 2024, is amended to read as 1 follows: 2 542B.15 Examinations —— report required. 3 Examinations for licensure shall be given as often as deemed 4 necessary by the board department of inspections, appeals, 5 and licensing , but no less than one time per year. The scope 6 of the examinations and the methods of procedure shall be 7 prescribed by the board. Any examination may be given by 8 representatives of the board. The identity of the person 9 taking the examination shall be concealed until after the 10 examination has been graded by the department of inspections, 11 appeals, and licensing . As soon as practicable after the 12 close of each examination, a report shall be filed in the 13 office of the secretary of the board by the board department 14 of inspections, appeals, and licensing . The report shall 15 show the action of the board upon each application and the 16 secretary of the board shall notify each applicant of the 17 result of the applicant’s examination. Applicants who fail the 18 examination once shall be allowed to take the examination at 19 the next scheduled time. Thereafter, the applicant shall be 20 allowed to take the examination at the discretion of the board. 21 An applicant who has failed the examination may request in 22 writing information from the board concerning the applicant’s 23 examination grade and subject areas or questions which the 24 applicant failed to answer correctly, except that if the board 25 administers a uniform, standardized examination, the board 26 shall only be required to provide the examination grade and 27 such other information concerning the applicant’s examination 28 results which are available to the board. 29 Sec. 349. Section 543B.8, subsections 1 and 2, Code 2024, 30 are amended to read as follows: 31 1. A real estate commission is created within the department 32 of inspections, appeals, and licensing. The commission 33 consists of five four members licensed under this chapter and 34 two members one member not licensed under this chapter and who 35 -144- SF 2385.4200 (1) 90 ss/ns 144/ 234
shall represent the general public. Commission members shall 1 be appointed by the governor subject to confirmation by the 2 senate. 3 2. No more than one member shall be appointed from a 4 county. A commission member shall not hold any other elective 5 or appointive state or federal office. At least one of the 6 licensed members shall be a licensed real estate salesperson, 7 except that if the licensed real estate salesperson becomes 8 a licensed real estate broker during a term of office, 9 that person may complete the term, but is not eligible for 10 reappointment on the commission as a licensed real estate 11 salesperson. A licensed member shall be actively engaged 12 in the real estate business and shall have been so engaged 13 for five years preceding the appointment, the last two of 14 which shall have been in Iowa . Professional associations or 15 societies of real estate brokers or real estate salespersons 16 may recommend the names of potential commission members to 17 the governor. However, the governor is not bound by their 18 recommendations. A commission member shall not be required to 19 be a member of any professional association or society composed 20 of real estate brokers or salespersons. 21 Sec. 350. Section 543D.4, subsections 1 and 3, Code 2024, 22 are amended to read as follows: 23 1. A real estate appraiser examining board is established 24 within the department of inspections, appeals, and licensing. 25 The board consists of seven five members, two one of whom shall 26 be a public members member and five four of whom shall be 27 certified real estate appraisers. 28 3. A certified real estate appraiser member of the board 29 shall be actively engaged in practice as a certified real 30 estate appraiser and shall have been so engaged for five years 31 preceding appointment, the last two of which shall have been in 32 this state . The governor shall attempt to represent each class 33 of certified appraisers in making the appointments. 34 Sec. 351. Section 544A.1, subsection 2, Code 2024, is 35 -145- SF 2385.4200 (1) 90 ss/ns 145/ 234
amended to read as follows: 1 2. The architectural examining board is created within the 2 department of inspections, appeals, and licensing. The board 3 consists of five four members who possess a license issued 4 under section 544A.9 and who have been in active practice of 5 architecture for not less than five years, the last two of 6 which shall have been in Iowa , and two members one member who 7 do does not possess a license issued under section 544A.9 8 and who shall represent the general public. Members shall 9 be appointed by the governor subject to confirmation by the 10 senate. 11 Sec. 352. Section 602.1401, subsection 3, paragraph b, Code 12 2024, is amended to read as follows: 13 b. For purposes of chapter 20 , the certified representative, 14 which on July 1, 1983, represents employees who become judicial 15 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 16 remain the certified representative when the employees become 17 judicial branch employees and thereafter, unless the public 18 employee organization is not retained and recertified or is 19 decertified in an election held under section 20.15 or amended 20 or absorbed into another certified organization pursuant to 21 chapter 20 . Collective bargaining negotiations shall be 22 conducted on a statewide basis and the certified employee 23 organizations which engage in bargaining shall negotiate on a 24 statewide basis, although bargaining units shall be organized 25 by judicial district. The public employment relations appeal 26 board shall adopt rules pursuant to chapter 17A to implement 27 this subsection . 28 Sec. 353. 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 -146- SF 2385.4200 (1) 90 ss/ns 146/ 234
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. 354. 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. 355. Section 904.105, subsection 3, Code 2024, is 20 amended by striking the subsection. 21 Sec. 356. Section 904.802, subsection 1, Code 2024, is 22 amended by striking the subsection. 23 Sec. 357. 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. 358. Section 904.804, Code 2024, is amended to read as 33 follows: 34 904.804 Duties of industries board department —— state 35 -147- SF 2385.4200 (1) 90 ss/ns 147/ 234
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. 359. 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. 360. 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. 361. 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. 362. 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 -148- SF 2385.4200 (1) 90 ss/ns 148/ 234
Sec. 363. 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. 364. 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. 365. 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. 366. 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 -149- SF 2385.4200 (1) 90 ss/ns 149/ 234
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. 367. 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. 368. Section 915.82, subsection 2, Code 2024, is 35 -150- SF 2385.4200 (1) 90 ss/ns 150/ 234
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. 369. 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. 370. REPEAL. Chapters 28B and 473A, Code 2024, are 19 repealed. 20 Sec. 371. REPEAL. Sections 7D.15, 8A.616, 15.117, 15.480, 21 15F.102, 20.5, 80E.2, 100C.10, 135.109, 135.173A, 147.16, 22 153.33A, 154A.7, 155A.2A, 170.2, 190C.2, 190C.2A, 203.11B, 23 206.23A, 206.23B, 237A.23, 252B.22, 256.15, 256.31, 256I.12, 24 273.15, 312.3C, 312.3D, 328.13, 423.9A, 455B.150, 455B.151, 25 461A.79, 461A.80, 465C.3, 465C.4, 465C.5, 465C.6, 465C.7, 26 466B.31, 475A.7, 481A.10A, 691.6B, 904.803, and 907B.3, Code 27 2024, are repealed. 28 Sec. 372. CODE EDITOR DIRECTIVE —— TERMINOLOGY CHANGES. 29 1. The Code editor is directed to change all references to 30 the “board of directors of the Iowa lottery” created in section 31 99G.8 to the “Iowa lottery commission” and all references to 32 “board” when referring to the board of directors of the Iowa 33 lottery created in section 99G.8 to “commission” wherever they 34 appear in the Code. 35 -151- SF 2385.4200 (1) 90 ss/ns 151/ 234
2. The Code editor is directed to change all references 1 to the “Iowa utilities board” created in section 474.1 to the 2 “Iowa utilities commission”, all references to “utilities 3 board” when referring to the Iowa utilities board created in 4 section 474.1 to “utilities commission”, and all references to 5 “board” when referring to the Iowa utilities board created in 6 section 474.1 to “commission” wherever they appear in the Code. 7 3. The Code editor is directed to make changes in any Code 8 sections or other noncodified enactments amended or enacted 9 by any other Act to correspond with the changes made in this 10 Act if there appears to be no doubt as to the proper method of 11 making the changes and the changes would not be contrary to or 12 inconsistent with the purposes of this Act or any other Act. 13 Sec. 373. CERTIFICATE OF NEED PROCESS —— STUDY. The 14 department of health and human services, in consultation with 15 the department of inspections, appeals, and licensing, and with 16 the assistance of other interested parties, shall conduct a 17 study of the effectiveness of the existing certificate of need 18 process and shall make findings and recommendations related to 19 the continuation of the process or the implementation of a less 20 restrictive alternative. The department of health and human 21 services shall submit a report, including its findings and 22 recommendations, to the governor and the general assembly by 23 December 31, 2025. 24 DIVISION X 25 PUBLIC OFFICERS AND EMPLOYEES 26 Sec. 374. Section 69.15, subsection 1, unnumbered paragraph 27 1, Code 2024, is amended to read as follows: 28 Any person who has been appointed by the governor to any 29 board under the laws of this state shall be deemed to have 30 submitted a resignation from such office if either any of the 31 following events occurs: 32 Sec. 375. Section 69.15, subsection 1, Code 2024, is amended 33 by adding the following new paragraph: 34 NEW PARAGRAPH . c. Sufficient grounds exist that would 35 -152- SF 2385.4200 (1) 90 ss/ns 152/ 234
otherwise subject the person to removal by the executive 1 council pursuant to section 66.26. 2 Sec. 376. Section 69.15, subsection 2, Code 2024, is amended 3 to read as follows: 4 2. If With respect to subsection 1, paragraphs “a” and “b” , 5 if such person received no notice and had no knowledge of a 6 regular meeting and gives the governor a sworn statement to 7 that effect within ten days after the person learns of the 8 meeting, such meeting shall not be counted for the purposes of 9 this section . 10 DIVISION XI 11 COUNCIL ON HEALTH AND HUMAN SERVICES 12 Sec. 377. Section 125.7, Code 2024, is amended to read as 13 follows: 14 125.7 Duties of the council. 15 The council shall: 16 1. Approve Make recommendations to the department regarding 17 the comprehensive substance use disorder program, developed by 18 the department pursuant to sections 125.1 through 125.3 , this 19 section , and sections 125.9 , 125.10 , 125.12 through 125.21 , 20 125.25 , 125.32 through 125.34 , and 125.37 through 125.43 . 21 2. Advise the department on policies governing the 22 performance of the department in the discharge of any duties 23 imposed on the department by law. 24 3. Advise or make recommendations to the governor and the 25 general assembly relative to substance use disorder treatment, 26 intervention, education, and prevention programs in this state. 27 4. Adopt rules for subsections 1 and 6 and review other 28 rules necessary to carry out the provisions of this chapter , 29 subject to review in accordance with chapter 17A . 30 5. 4. Investigate the work of the department relating to 31 substance use disorder, and for this purpose the council shall 32 have access at any time to all books, papers, documents, and 33 records of the department. 34 6. 5. Consider and approve or disapprove make 35 -153- SF 2385.4200 (1) 90 ss/ns 153/ 234
recommendations to the department regarding the approval or 1 disapproval of all applications for a license and all cases 2 involving the renewal, denial, suspension, or revocation of a 3 license. 4 7. Act as the appeal board regarding funding decisions made 5 by the department. 6 Sec. 378. Section 125.10, subsections 1 and 11, Code 2024, 7 are amended to read as follows: 8 1. Prepare and submit a state plan subject to approval 9 by the council and in accordance with 42 U.S.C. §300x-21 et 10 seq. The state plan shall designate the department as the sole 11 agency for supervising the administration of the plan. 12 11. Develop and implement, with the counsel and approval 13 advice of the council, the comprehensive plan for treatment of 14 persons with a substance use disorder in accordance with this 15 chapter . 16 Sec. 379. Section 125.12, subsection 1, Code 2024, is 17 amended to read as follows: 18 1. The council shall review the comprehensive substance 19 use disorder program implemented by the department for 20 the treatment of persons with a substance use disorder and 21 concerned family members. Subject to Based on the review 22 of the council, the council shall make recommendations to 23 the director, and the director shall divide the state into 24 appropriate regions for the conduct of the program and 25 establish standards for the development of the program on the 26 regional level. In establishing the regions, consideration 27 shall be given to city and county lines, population 28 concentrations, and existing substance use disorder treatment 29 services. 30 Sec. 380. Section 125.13, subsection 2, paragraphs a, b, i, 31 and j, Code 2024, are amended to read as follows: 32 a. A hospital providing care or treatment to persons with 33 a substance use disorder licensed under chapter 135B which is 34 accredited by the joint commission on the accreditation of 35 -154- SF 2385.4200 (1) 90 ss/ns 154/ 234
health care organizations, the commission on accreditation 1 of rehabilitation facilities, the American osteopathic 2 association, or another recognized organization approved by the 3 council department . All survey reports from the accrediting or 4 licensing body must be sent to the department. 5 b. Any practitioner of medicine and surgery or osteopathic 6 medicine and surgery, in the practitioner’s private practice. 7 However, a program shall not be exempted from licensing by the 8 council department by virtue of its utilization of the services 9 of a medical practitioner in its operation. 10 i. A substance use disorder treatment program not funded 11 by the department which is accredited or licensed by the joint 12 commission on the accreditation of health care organizations, 13 the commission on the accreditation of rehabilitation 14 facilities, the American osteopathic association, or another 15 recognized organization approved by the council department . 16 All survey reports from the accrediting or licensing body must 17 be sent to the department. 18 j. A hospital substance use disorder treatment program 19 that is accredited or licensed by the joint commission on the 20 accreditation of health care organizations, the commission on 21 the accreditation of rehabilitation facilities, the American 22 osteopathic association, or another recognized organization 23 approved by the council department . All survey reports for 24 the hospital substance use disorder treatment program from the 25 accrediting or licensing body shall be sent to the department. 26 Sec. 381. Section 125.14, Code 2024, is amended to read as 27 follows: 28 125.14 Licenses —— renewal —— fees. 29 The council department shall consider all cases involving 30 initial issuance, and renewal, denial, suspension, or 31 revocation of a license. The department shall issue a license 32 to an applicant whom the council department determines meets 33 the licensing requirements of this chapter . Licenses shall 34 expire no later than three years from the date of issuance 35 -155- SF 2385.4200 (1) 90 ss/ns 155/ 234
and shall be renewed upon timely application made in the same 1 manner as for initial issuance of a license unless notice of 2 nonrenewal is given to the licensee at least thirty days prior 3 to the expiration of the license. The department shall not 4 charge a fee for licensing or renewal of programs contracting 5 with the department for provision of treatment services. A fee 6 may be charged to other licensees. 7 Sec. 382. Section 125.15A, subsection 1, paragraph b, Code 8 2024, is amended to read as follows: 9 b. The council department has suspended, revoked, or refused 10 to renew the existing license of the program. 11 Sec. 383. Section 125.16, Code 2024, is amended to read as 12 follows: 13 125.16 Transfer of license or change of location prohibited. 14 A license issued under this chapter may not be transferred, 15 and the location of the physical facilities occupied or 16 utilized by any program licensed under this chapter shall not 17 be changed without the prior written consent of the council 18 department . 19 Sec. 384. Section 125.17, Code 2024, is amended to read as 20 follows: 21 125.17 License suspension or revocation. 22 Violation of any of the requirements or restrictions 23 of this chapter or of any of the rules adopted pursuant to 24 this chapter is cause for suspension, revocation, or refusal 25 to renew a license. The director shall at the earliest 26 time feasible notify a licensee whose license the council 27 department is considering suspending or revoking and shall 28 inform the licensee what changes must be made in the licensee’s 29 operation to avoid such action. The licensee shall be 30 given a reasonable time for compliance, as determined by the 31 director, after receiving such notice or a notice that the 32 council department does not intend to renew the license. When 33 the licensee believes compliance has been achieved, or if 34 the licensee considers the proposed suspension, revocation, 35 -156- SF 2385.4200 (1) 90 ss/ns 156/ 234
or refusal to renew unjustified, the licensee may submit 1 pertinent information to the council department and the council 2 department shall expeditiously make a decision in the matter 3 and notify the licensee of the decision. 4 Sec. 385. Section 125.18, Code 2024, is amended to read as 5 follows: 6 125.18 Hearing before council department . 7 If a licensee under this chapter makes a written request 8 for a hearing within thirty days of suspension, revocation, 9 or refusal to renew a license, a hearing before the council 10 department shall be expeditiously arranged by the department of 11 inspections, appeals, and licensing whose decision is subject 12 to review by the council department . The council department 13 shall issue a written statement of the council’s department’s 14 findings within thirty days after conclusion of the hearing 15 upholding or reversing the proposed suspension, revocation, 16 or refusal to renew a license. Action involving suspension, 17 revocation, or refusal to renew a license shall not be taken 18 by the council unless a quorum is present at the meeting. A 19 copy of the council’s department’s decision shall be promptly 20 transmitted to the affected licensee who may, if aggrieved 21 by the decision, seek judicial review of the actions of the 22 council department in accordance with the terms of chapter 17A . 23 Sec. 386. Section 125.19, Code 2024, is amended to read as 24 follows: 25 125.19 Reissuance or reinstatement. 26 After suspension, revocation, or refusal to renew a license 27 pursuant to this chapter , the affected licensee shall not have 28 the license reissued or reinstated within one year of the 29 effective date of the suspension, revocation, or expiration 30 upon refusal to renew, unless the council department orders 31 otherwise. After that time, proof of compliance with the 32 requirements and restrictions of this chapter and the rules 33 adopted pursuant to this chapter must be presented to the 34 council department prior to reinstatement or reissuance of a 35 -157- SF 2385.4200 (1) 90 ss/ns 157/ 234
license. 1 Sec. 387. Section 125.21, subsection 1, Code 2024, is 2 amended to read as follows: 3 1. The council department has exclusive power in this state 4 to approve and license chemical substitutes and antagonists 5 programs, and to monitor chemical substitutes and antagonists 6 programs to ensure that the programs are operating within the 7 rules adopted pursuant to this chapter . The council department 8 shall grant approval and license if the requirements of the 9 rules are met and state funding is not requested. The chemical 10 substitutes and antagonists programs conducted by persons 11 exempt from the licensing requirements of this chapter pursuant 12 to section 125.13, subsection 2 , are subject to approval and 13 licensure under this section . 14 Sec. 388. Section 125.43A, Code 2024, is amended to read as 15 follows: 16 125.43A Prescreening —— exception. 17 Except in cases of medical emergency or court-ordered 18 admissions, a person shall be admitted to a state mental health 19 institute for treatment of a substance use disorder only after 20 a preliminary intake and assessment by a department-licensed 21 treatment facility or a hospital providing care or treatment 22 for persons with a substance use disorder licensed under 23 chapter 135B and accredited by the joint commission on the 24 accreditation of health care organizations, the commission 25 on accreditation of rehabilitation facilities, the American 26 osteopathic association, or another recognized organization 27 approved by the council department , or by a designee of a 28 department-licensed treatment facility or a hospital other 29 than a state mental health institute, which confirms that the 30 admission is appropriate to the person’s substance use disorder 31 service needs. A county board of supervisors may seek an 32 admission of a patient to a state mental health institute who 33 has not been confirmed for appropriate admission and the county 34 shall be responsible for one hundred percent of the cost of 35 -158- SF 2385.4200 (1) 90 ss/ns 158/ 234
treatment and services of the patient. 1 Sec. 389. Section 125.58, subsection 1, Code 2024, is 2 amended to read as follows: 3 1. If the department has probable cause to believe that 4 an institution, place, building, or agency not licensed 5 as a substance use disorder treatment and rehabilitation 6 facility is in fact a substance use disorder treatment and 7 rehabilitation facility as defined by this chapter , and 8 is not exempt from licensing by section 125.13, subsection 9 2 , the council department may order an inspection of the 10 institution, place, building, or agency. If the inspector 11 upon presenting proper identification is denied entry for the 12 purpose of making the inspection, the inspector may, with 13 the assistance of the county attorney of the county in which 14 the premises are located, apply to the district court for an 15 order requiring the owner or occupant to permit entry and 16 inspection of the premises to determine whether there have been 17 violations of this chapter . The investigation may include 18 review of records, reports, and documents maintained by the 19 facility and interviews with staff members consistent with the 20 confidentiality safeguards of state and federal law. 21 Sec. 390. Section 135.141, subsection 2, paragraph i, Code 22 2024, is amended to read as follows: 23 i. Adopt rules pursuant to chapter 17A for the 24 administration of this subchapter including rules adopted in 25 cooperation with the Iowa pharmacy association and the Iowa 26 hospital association for the development of a surveillance 27 system to monitor supplies of drugs, antidotes, and vaccines to 28 assist in detecting a potential public health disaster. Prior 29 to adoption, the rules shall be approved by the council on 30 health and human services and the director of the department of 31 homeland security and emergency management. 32 Sec. 391. Section 135A.8, subsection 4, Code 2024, is 33 amended to read as follows: 34 4. A local board of health seeking matching funds or grants 35 -159- SF 2385.4200 (1) 90 ss/ns 159/ 234
under this section shall apply to the department. The council 1 on health and human services department shall adopt rules 2 concerning the application and award process for the allocation 3 of moneys in the fund and shall establish the criteria for the 4 allocation of moneys in the fund if the moneys are insufficient 5 to meet the needs of local boards of health. 6 Sec. 392. Section 135A.9, unnumbered paragraph 1, Code 7 2024, is amended to read as follows: 8 The council on health and human services department shall 9 adopt rules pursuant to chapter 17A to implement this chapter 10 which shall include but are not limited to the following: 11 Sec. 393. Section 135B.7, subsection 1, paragraph a, Code 12 2024, is amended to read as follows: 13 a. The department , with the approval of the council on 14 health and human services, shall adopt rules setting out the 15 standards for the different types of hospitals and for rural 16 emergency hospitals to be licensed under this chapter . The 17 department shall enforce the rules. 18 Sec. 394. Section 135C.14, unnumbered paragraph 1, Code 19 2024, is amended to read as follows: 20 The department shall, in accordance with chapter 17A and 21 with the approval of the council on health and human services , 22 adopt and enforce rules setting minimum standards for health 23 care facilities. In so doing, the department , with the 24 approval of the council on health and human services, may 25 adopt by reference, with or without amendment, nationally 26 recognized standards and rules, which shall be specified by 27 title and edition, date of publication, or similar information. 28 The rules and standards required by this section shall be 29 formulated in consultation with the director of health and 30 human services or the director of health and human services’ 31 designee, with the director, and with affected industry, 32 professional, and consumer groups, and shall be designed to 33 further the accomplishment of the purposes of this chapter and 34 shall relate to: 35 -160- SF 2385.4200 (1) 90 ss/ns 160/ 234
Sec. 395. Section 135J.7, Code 2024, is amended to read as 1 follows: 2 135J.7 Rules. 3 Except as otherwise provided in this chapter , the department 4 shall adopt rules pursuant to chapter 17A necessary to 5 implement this chapter , subject to approval of the council 6 on health and human services . Formulation of the rules 7 shall include consultation with Iowa hospice organization 8 representatives and other persons affected by this chapter . 9 Sec. 396. Section 135R.4, subsection 1, Code 2024, is 10 amended to read as follows: 11 1. The department, with the advice and approval of the 12 council on health and human services, shall adopt rules 13 specifying the standards for ambulatory surgical centers to be 14 licensed under this chapter . The rules shall be consistent 15 with and shall not exceed the requirements of this chapter and 16 the conditions for coverage in the federal Medicare program for 17 ambulatory surgical centers under 42 C.F.R. pt. 416 . 18 Sec. 397. Section 137.104, subsection 1, paragraph b, 19 unnumbered paragraph 1, Code 2024, is amended to read as 20 follows: 21 Make and enforce such reasonable rules and regulations not 22 inconsistent with law and the rules of the council department 23 as may be necessary for the protection and improvement of the 24 public health. 25 Sec. 398. Section 137.105, subsection 1, paragraph f, Code 26 2024, is amended to read as follows: 27 f. A local board of health member shall serve without 28 compensation, but may be reimbursed for necessary expenses in 29 accordance with rules established by the council department or 30 the applicable jurisdiction. 31 Sec. 399. Section 137.107, Code 2024, is amended to read as 32 follows: 33 137.107 Request reviewed by state department. 34 The state department shall review requests submitted 35 -161- SF 2385.4200 (1) 90 ss/ns 161/ 234
pursuant to section 137.106 . The state department, upon 1 finding that all required elements are present, shall present 2 findings to the council. The council may approve the formation 3 of a district board and if the formation is approved, shall 4 notify the county boards from whom the request was received. 5 Sec. 400. Section 137.114, Code 2024, is amended to read as 6 follows: 7 137.114 Withdrawal from district. 8 A county may withdraw from an existing district board upon 9 submission of a request for withdrawal to and approval by 10 the state department. The request shall include a plan to 11 reform its county board or join a different district board, 12 information specified in section 137.106 , and approval of the 13 request by the district board and, at the recommendation of 14 the state department, the council . Any county choosing to 15 withdraw from the district board shall commit to the continuity 16 of services in its county by reestablishing its county 17 board or joining a different district board. The remaining 18 counties in the district shall submit an application including 19 the information specified in section 137.106 to the state 20 department for review as provided in section 137.107 . 21 Sec. 401. Section 137.119, Code 2024, is amended to read as 22 follows: 23 137.119 Adoption of rules. 24 The council department shall adopt rules to implement this 25 chapter . The department is vested with discretionary authority 26 to interpret the provisions of this chapter . 27 Sec. 402. Section 139A.8, subsection 3, Code 2024, is 28 amended to read as follows: 29 3. Subject to the provision of subsection 4 , the council on 30 health and human services department may modify or delete any 31 of the immunizations in subsection 2 . 32 Sec. 403. Section 139A.8, subsection 4, paragraph b, Code 33 2024, is amended to read as follows: 34 b. The exemptions under this subsection do not apply in 35 -162- SF 2385.4200 (1) 90 ss/ns 162/ 234
times of emergency or epidemic as determined by the council on 1 health and human services and as declared by the director of 2 health and human services . 3 Sec. 404. Section 139A.9, Code 2024, is amended to read as 4 follows: 5 139A.9 Forcible removal —— isolation —— quarantine. 6 The forcible removal and isolation or quarantine of any 7 infected person shall be accomplished according to the rules 8 and regulations of the local board or the rules of the council 9 on health and human services department . 10 Sec. 405. Section 141A.2, subsection 6, Code 2024, is 11 amended to read as follows: 12 6. The department , with the approval of the council 13 on health and human services, may conduct epidemiological 14 blinded and nonblinded studies to determine the incidence 15 and prevalence of HIV infection. Initiation of any new 16 epidemiological studies shall be contingent upon the receipt 17 of funding sufficient to cover all the costs associated with 18 the studies. The informed consent, reporting, and counseling 19 requirements of this chapter shall not apply to blinded 20 studies. 21 Sec. 406. Section 217.2, subsection 1, paragraph a, Code 22 2024, is amended to read as follows: 23 a. There is created within the department a council on 24 health and human services which shall act in a policymaking and 25 an advisory capacity on matters within the jurisdiction of the 26 department. The council shall consist of nine voting members 27 appointed by the governor subject to confirmation by the 28 senate. Appointments shall be made on the basis of interest 29 in public affairs, good judgment, and knowledge and ability in 30 the field of health and human services. Appointments shall 31 be made to provide a diversity of interest and point of view 32 in the membership and without regard to religious opinions or 33 affiliations. The voting members of the council shall serve 34 for six-year staggered terms. 35 -163- SF 2385.4200 (1) 90 ss/ns 163/ 234
Sec. 407. Section 217.3, Code 2024, is amended to read as 1 follows: 2 217.3 Duties of council. 3 The council shall: 4 1. Organize annually and select a chairperson and vice 5 chairperson. 6 2. Adopt and establish policy for the operation and Advise 7 the department on conduct of the department , subject to any 8 guidelines which may be adopted by the general assembly, and 9 the implementation of all services and programs administered 10 by the department. 11 3. Report immediately to the governor any failure by 12 the department to carry out any of the policy decisions or 13 directives of the council department . 14 4. Approve Advise and make recommendations to the 15 department on the budget of the department prior to submission 16 to the governor. Prior to approval of making recommendations 17 on the budget, the council shall publicize and hold a public 18 hearing to provide explanations and hear questions, opinions, 19 and suggestions regarding the budget. Invitations to the 20 hearing shall be extended to the governor, the governor-elect, 21 the director of the department of management, and other persons 22 deemed by the council as integral to the budget process. The 23 budget materials submitted to the governor shall include a 24 review of options recommendations for revising the medical 25 assistance program made available by federal action or by 26 actions implemented by other states as identified by the 27 department, the medical assistance advisory council created in 28 section 249A.4B , and by county representatives. The review 29 shall address what potential revisions could be made in this 30 state and how the changes would be beneficial to Iowans. 31 5. Insure Make recommendations to the department to ensure 32 that all programs administered or services rendered by the 33 department directly to any citizen or through a local agency 34 to any citizen are coordinated and integrated so that any 35 -164- SF 2385.4200 (1) 90 ss/ns 164/ 234
citizen does not receive a duplication of services from various 1 departments or local agencies that could be rendered by one 2 department or local agency. If the council finds that such 3 is not the case, it shall hear and determine which department 4 or local agency shall provide the needed service or services 5 and enter an order of their determination by resolution of 6 the council which must be concurred in by at least a majority 7 of the members. Thereafter such order or resolution of the 8 council shall be obeyed by all state departments and local 9 agencies to which it is directed. 10 6. Adopt all necessary rules recommended by the department 11 prior to their promulgation pursuant to chapter 17A . 12 7. 6. Recommend to the governor the names of individuals 13 qualified for the position of director when a vacancy exists 14 in the office. 15 Sec. 408. Section 217.3A, Code 2024, is amended to read as 16 follows: 17 217.3A Advisory committees. 18 The council may establish and utilize other ad hoc 19 advisory committees as determined necessary to advise the 20 council related to the subject matter under the purview 21 of the department, including but not limited to child and 22 family services, behavioral health, public health, and the 23 department’s interactions with the juvenile justice system . 24 The council shall establish appointment provisions, membership 25 terms, operating guidelines, and other operational requirements 26 for committees established pursuant to this section . 27 Sec. 409. Section 217.6, Code 2024, is amended to read as 28 follows: 29 217.6 Rules and regulations —— organization of department. 30 1. The director may recommend submit to the council for 31 adoption review and recommendation, rules and regulations 32 necessary to administer the duties, functions, and programs 33 of the department. Any action taken, decision made, or 34 administrative rule adopted may be reviewed by the director. 35 -165- SF 2385.4200 (1) 90 ss/ns 165/ 234
The director, upon may consider such review, may affirm, 1 modify, or reverse any such action, decision, or rule 2 recommendations in adopting rules for the department . 3 2. The rules and regulations adopted for the public benefits 4 and programs administered by the department shall apply the 5 residency eligibility restrictions required by federal and 6 state law. 7 3. The director shall organize the department into subunits 8 as necessary to most efficiently carry out the intent of this 9 chapter and any other chapter the department is responsible for 10 administering. 11 4. If the department requires or requests a service 12 consumer, service provider, or other person to maintain 13 required documentation in electronic form, the department shall 14 accept such documentation submitted by electronic means and 15 shall not require a physical copy of the documentation unless 16 required by state or federal law. 17 Sec. 410. Section 218.4, subsections 1 and 2, Code 2024, are 18 amended to read as follows: 19 1. The department shall recommend to the council for 20 adoption adopt rules not inconsistent with law as necessary 21 for the management of the institutions and the admission, 22 treatment, care, custody, education and discharge of residents. 23 It is the duty of the department to establish rules by which 24 danger to life and property from fire will be minimized. The 25 department may require any appointees to perform duties in 26 addition to those required by statute. 27 2. Rules adopted by the council department pursuant 28 to chapter 17A shall be uniform and shall apply to all 29 institutions under the department’s jurisdiction. The primary 30 rules for use in institutions where persons with mental illness 31 are served shall, unless otherwise indicated, uniformly apply 32 to county or private hospitals in which persons with mental 33 illness are served, but the rules shall not interfere with 34 proper medical treatment administered to such persons by 35 -166- SF 2385.4200 (1) 90 ss/ns 166/ 234
competent physicians. Annually, signed copies of the rules 1 shall be sent to the superintendent of each institution. 2 Copies shall also be sent to the clerk of each district court, 3 the chairperson of the board of supervisors of each county and, 4 as appropriate, to the officer in charge of institutions or 5 hospitals caring for persons with mental illness in each county 6 who shall be responsible for seeing that the rules are posted 7 in each institution or hospital in a prominent place. The 8 rules shall be kept current to meet the public need and shall 9 be revised and published annually. 10 Sec. 411. Section 222.1, subsection 2, Code 2024, is amended 11 to read as follows: 12 2. The Glenwood state resource center and the Woodward 13 state resource center are established and shall be maintained 14 as the state’s regional resource centers for the purpose of 15 providing treatment, training, instruction, care, habilitation, 16 and support of persons with an intellectual disability or other 17 disabilities in this state, and providing facilities, services, 18 and other support to the communities located in the region 19 being served by a state resource center. In addition, the 20 state resource centers are encouraged to serve as a training 21 resource for community-based program staff, medical students, 22 and other participants in professional education programs. 23 A resource center may request the approval of the council 24 department to change the name of the resource center for use in 25 communication with the public, in signage, and in other forms 26 of communication. 27 Sec. 412. Section 222.2, Code 2024, is amended to read as 28 follows: 29 222.2 Definitions. 30 When used in this chapter , unless the context otherwise 31 requires: 32 1. “Auditor” means the county auditor or the auditor’s 33 designee. 34 2. “Council” means the council on health and human services. 35 -167- SF 2385.4200 (1) 90 ss/ns 167/ 234
3. 2. “Department” means the department of health and human 1 services. 2 4. 3. “Director” means the director of health and human 3 services. 4 5. 4. “Intellectual disability” means the same as defined 5 in section 4.1 . 6 6. 5. “Mental health and disability services region” means 7 a mental health and disability services region formed in 8 accordance with section 225C.56 . 9 7. 6. “Regional administrator” means the regional 10 administrator of a mental health and disability services 11 region, as defined in section 225C.55 . 12 8. 7. “Special unit” means a special intellectual 13 disability unit established at a state mental health institute 14 pursuant to sections 222.88 through 222.91 . 15 9. 8. “State resource centers” or “resource centers” means 16 the Glenwood state resource center and the Woodward state 17 resource center. 18 10. 9. “Superintendents” means the superintendents of the 19 state resource centers. 20 Sec. 413. Section 225.33, Code 2024, is amended to read as 21 follows: 22 225.33 Death of patient —— disposal of body. 23 When a committed public patient or a voluntary public 24 patient or a committed private patient dies while at the state 25 psychiatric hospital or at the university hospital, the state 26 psychiatric hospital shall have the body prepared for shipment 27 in accordance with the rules prescribed by the council on 28 department of health and human services for shipping such 29 bodies. It is the duty of the state board of regents to make 30 arrangements for the embalming and such other preparation as 31 necessary to comply with the rules and for the purchase of 32 suitable caskets. 33 Sec. 414. Section 225C.49, subsection 1, unnumbered 34 paragraph 1, Code 2024, is amended to read as follows: 35 -168- SF 2385.4200 (1) 90 ss/ns 168/ 234
The department shall provide coordination of the programs 1 administered by the department which serve individuals with a 2 disability and the individuals’ families, including but not 3 limited to the following juvenile justice and child welfare 4 services: family-centered services described under section 5 232.102 , decategorization of child welfare funding provided 6 for under section 232.188 , and foster care services paid under 7 section 234.35, subsection 3 . The department shall regularly 8 review administrative rules associated with such programs and 9 make recommendations to the council, governor , and general 10 assembly for revisions to remove barriers to the programs for 11 individuals with a disability and the individuals’ families 12 including the following: 13 Sec. 415. Section 226.1, subsections 3 and 4, Code 2024, are 14 amended to read as follows: 15 3. A mental health institute may request the approval of the 16 council department to change the name of the institution for 17 use in communication with the public, in signage, and in other 18 forms of communication. 19 4. For the purposes of this chapter , unless the context 20 otherwise requires: 21 a. “Council” means the council on health and human services. 22 b. a. “Department” means the department of health and human 23 services. 24 c. b. “Director” means the director of health and human 25 services. 26 d. c. “Mental health and disability services region” means 27 a mental health and disability services region formed in 28 accordance with section 225C.56 . 29 e. d. “Mental health institute” or “state mental health 30 institute” means a state hospital for persons with mental 31 illness as designated in this chapter . 32 f. e. “Regional administrator” means the same as defined 33 in section 225C.55 . 34 Sec. 416. Section 234.1, Code 2024, is amended to read as 35 -169- SF 2385.4200 (1) 90 ss/ns 169/ 234
follows: 1 234.1 Definitions. 2 As used in this chapter , unless the context otherwise 3 requires: 4 1. “Child” means either a person less than eighteen years of 5 age or a person eighteen, nineteen, or twenty years of age who 6 meets all of the following conditions: 7 a. The person was placed by court order issued pursuant 8 to chapter 232 in foster care or in an institution listed in 9 section 218.1 and either of the following situations apply to 10 the person: 11 (1) After reaching eighteen years of age, the person 12 has remained continuously and voluntarily under the care 13 of an individual, as defined in section 237.1 , licensed to 14 provide foster care pursuant to chapter 237 or in a supervised 15 apartment living arrangement, in this state. 16 (2) The person aged out of foster care after reaching 17 eighteen years of age and subsequently voluntarily applied for 18 placement with an individual, as defined in section 237.1 , 19 licensed to provide foster care pursuant to chapter 237 or for 20 placement in a supervised apartment living arrangement, in this 21 state. 22 b. The person has demonstrated a willingness to participate 23 in case planning and to complete the responsibilities 24 prescribed in the person’s case permanency plan. 25 c. The department has made an application for the person 26 for adult services upon a determination that it is likely the 27 person will need or be eligible for services or other support 28 from the adult services system. 29 2. “Council” means the council on health and human services. 30 3. 2. “Department” means the department of health and human 31 services. 32 4. 3. “Director” means the director of health and human 33 services. 34 5. 4. “Food programs” means the supplemental nutrition 35 -170- SF 2385.4200 (1) 90 ss/ns 170/ 234
assistance program and donated foods programs authorized by 1 federal law under the United States department of agriculture. 2 6. 5. “Supplemental nutrition assistance program” or “SNAP” 3 means benefits provided by the federal program administered 4 through 7 C.F.R. pts. 270 283 , as amended. 5 Sec. 417. Section 234.6, subsection 1, unnumbered paragraph 6 1, Code 2024, is amended to read as follows: 7 The director shall administer the family investment program, 8 state supplementary assistance, food programs, child welfare, 9 and emergency relief, family and adult service programs, and 10 any other form of public assistance and institutions that are 11 placed under the director’s administration. The director shall 12 perform duties, formulate and adopt rules as necessary, and 13 outline policies, dictate procedure, and delegate powers as 14 necessary for competent and efficient administration. Subject 15 to restrictions that may be imposed by the council, the The 16 director may abolish, alter, consolidate, or establish subunits 17 and abolish or change existing subunits. The director may 18 employ necessary personnel and determine their compensation; 19 may allocate or reallocate functions and duties among subunits; 20 and may adopt rules relating to the employment of personnel 21 and the allocation of their functions and duties among the 22 various subunits as required for competent and efficient 23 administration. The director shall do all of the following: 24 Sec. 418. Section 234.6, subsection 1, paragraphs d and h, 25 Code 2024, are amended to read as follows: 26 d. Notwithstanding any provisions to the contrary in chapter 27 239B relating to the consideration of income and resources of 28 claimants for assistance, and with the consent and approval of 29 the council, adopt rules necessary to qualify for federal aid 30 in the assistance programs administered by the director. 31 h. Recommend Adopt rules for their adoption by the council 32 for before and after school child care programs, conducted 33 within and by or contracted for by school districts, that are 34 appropriate for the ages of the children who receive services 35 -171- SF 2385.4200 (1) 90 ss/ns 171/ 234
under the programs. 1 Sec. 419. Section 237.1, Code 2024, is amended to read as 2 follows: 3 237.1 Definitions. 4 As used in this chapter : 5 1. “Agency” means a person which provides child foster care 6 and which does not meet the definition of an individual as 7 defined under this section . 8 2. “Child” means child as defined in section 234.1 . 9 3. “Child foster care” means the provision of parental 10 nurturing, including but not limited to the furnishing of 11 food, lodging, training, education, supervision, treatment, 12 or other care, to a child on a full-time basis by a person, 13 including a relative of the child if the relative is licensed 14 under this chapter , but not including a guardian of the child. 15 “Child foster care” does not include any of the following care 16 situations: 17 a. Care furnished by an individual person who receives the 18 child of a personal friend as an occasional and personal guest 19 in the individual person’s home, free of charge and not as a 20 business. 21 b. Care furnished by an individual person with whom a child 22 has been placed for lawful adoption, unless that adoption is 23 not completed within two years after placement. 24 c. Care furnished by a private boarding school subject to 25 approval by the state board of education pursuant to section 26 256.11 . 27 d. Child care furnished by a child care center, a child 28 development home, or a child care home as defined in section 29 237A.1 . 30 e. Care furnished in a hospital licensed under chapter 135B 31 or care furnished in a nursing facility licensed under chapter 32 135C . 33 f. Care furnished by a relative of a child or an individual 34 person with a meaningful relationship with the child where the 35 -172- SF 2385.4200 (1) 90 ss/ns 172/ 234
child is not under the placement, care, or supervision of the 1 department. 2 4. “Council” means the council on health and human services. 3 5. 4. “Department” means the department of health and human 4 services. 5 6. 5. “Director” means the director of health and human 6 services. 7 7. 6. “Facility” means the personnel, program, physical 8 plant, and equipment of a licensee. 9 8. 7. “Individual” means an individual person or a married 10 couple who provides child foster care in a single-family home 11 environment and which does not meet the definition of an agency 12 under this section . 13 9. 8. “Licensee” means an individual or an agency licensed 14 under this chapter . 15 10. 9. “Reasonable and prudent parent standard” means 16 the standard characterized by careful and sensible parenting 17 decisions that maintain the health, safety, and best interests 18 of a child, while at the same time encouraging the emotional 19 and developmental growth of a child, that a caregiver shall 20 use when determining whether to allow a child in foster care 21 under the placement, care, or supervision of the department to 22 participate in extracurricular, enrichment, cultural, or social 23 activities. For the purposes of this subsection , “caregiver” 24 means an individual or an agency licensed under this chapter 25 with which a child in foster care has been placed or a juvenile 26 shelter care home approved under chapter 232 in which a child 27 in foster care has been placed. 28 Sec. 420. Section 237.3, subsection 1, Code 2024, is amended 29 to read as follows: 30 1. Except as otherwise provided by subsections 3 and 4 , 31 the department shall promulgate, after their adoption by the 32 council, adopt and enforce in accordance with chapter 17A , 33 administrative rules necessary to implement this chapter . 34 Formulation of the rules shall include consultation with 35 -173- SF 2385.4200 (1) 90 ss/ns 173/ 234
representatives of child foster care providers and other 1 persons affected by this chapter . The rules shall encourage 2 the provision of child foster care in a single-family, home 3 environment, exempting the single-family, home facility from 4 inappropriate rules. 5 Sec. 421. Section 237A.1, Code 2024, is amended to read as 6 follows: 7 237A.1 Definitions. 8 As used in this chapter unless the context otherwise 9 requires: 10 1. “Child” means either of the following: 11 a. A person twelve years of age or younger. 12 b. A person thirteen years of age or older but younger than 13 nineteen years of age who has a developmental disability as 14 defined under the federal Developmental Disabilities Assistance 15 and Bill of Rights Act of 2000, Pub. L. No. 106-402, as 16 codified in 42 U.S.C. §15002(8). 17 2. “Child care” means the care, supervision, and guidance of 18 a child by a person other than the child’s parent, guardian, 19 or custodian for periods of less than twenty-four hours per 20 day per child on a regular basis, but does not include care, 21 supervision, and guidance of a child by any of the following: 22 a. An instructional program for children who are attending 23 prekindergarten as defined by the state board of education 24 under section 256.11 or a higher grade level and are at least 25 four years of age, or are at least three years of age and 26 eligible for special education under chapter 256B , administered 27 by any of the following: 28 (1) A public or nonpublic school system accredited by the 29 department of education or the state board of regents. 30 (2) A nonpublic school system which is not accredited by the 31 department of education or the state board of regents. 32 b. Any of the following church-related programs: 33 (1) An instructional program. 34 (2) A youth program other than a preschool, before or after 35 -174- SF 2385.4200 (1) 90 ss/ns 174/ 234
school child care program, or other child care program. 1 (3) A program providing care to children on church premises 2 while the children’s parents are attending church-related or 3 church-sponsored activities on the church premises. 4 c. Short-term classes of less than two weeks’ duration held 5 between school terms or during a break within a school term. 6 d. A child care center for sick children operated as part of 7 a pediatrics unit in a hospital licensed by the department of 8 inspections, appeals, and licensing pursuant to chapter 135B . 9 e. A program operated not more than one day per week by 10 volunteers which meets all of the following conditions: 11 (1) Not more than eleven children are served per volunteer. 12 (2) The program operates for less than four hours during any 13 twenty-four-hour period. 14 (3) The program is provided at no cost to the children’s 15 parent, guardian, or custodian. 16 f. A program administered by a political subdivision of the 17 state which is primarily for recreational or social purposes 18 and is limited to children who are five years of age or older 19 and attending school. 20 g. An after school program continuously offered throughout 21 the school year calendar to children who are at least five 22 years of age and are enrolled in school, and attend the program 23 intermittently or a summer-only program for such children. The 24 program must be provided through a nominal membership fee or 25 at no cost. 26 h. A special activity program which meets less than four 27 hours per day for the sole purpose of the special activity. 28 Special activity programs include but are not limited to music 29 or dance classes, organized athletic or sports programs, 30 recreational classes, scouting programs, and hobby or craft 31 clubs or classes. 32 i. A nationally accredited camp. 33 j. A structured program for the purpose of providing 34 therapeutic, rehabilitative, or supervisory services to 35 -175- SF 2385.4200 (1) 90 ss/ns 175/ 234
children under any of the following: 1 (1) A purchase of service or managed care contract with the 2 department. 3 (2) A contract approved by a governance board of a 4 decategorization of child welfare and juvenile justice funding 5 project created under section 232.188 . 6 (3) An arrangement approved by a juvenile court order. 7 k. Care provided on-site to children of parents residing in 8 an emergency, homeless, or domestic violence shelter. 9 l. A child care facility providing respite care to a 10 licensed foster family home for a period of twenty-four hours 11 or more to a child who is placed with that licensed foster 12 family home. 13 m. A program offered to a child whose parent, guardian, 14 or custodian is engaged solely in a recreational or social 15 activity, remains immediately available and accessible on the 16 physical premises on which the child’s care is provided, and 17 does not engage in employment while the care is provided. 18 However, if the recreational or social activity is provided 19 in a fitness center or on the premises of a nonprofit 20 organization, the parent, guardian, or custodian of the child 21 may be employed to teach or lead the activity. 22 3. “Child care center” or “center” means a facility 23 providing child care or preschool services for seven or more 24 children, except when the facility is registered as a child 25 development home. 26 4. “Child care facility” or “facility” means a child care 27 center, preschool, or a registered child development home. 28 5. “Child care home” means a person or program providing 29 child care to any of the following children at any one time 30 that is not registered to provide child care under this 31 chapter , as authorized under section 237A.3 : 32 a. Five or fewer children. 33 b. Six or fewer children, if at least one of the children 34 is school-aged. 35 -176- SF 2385.4200 (1) 90 ss/ns 176/ 234
6. “Child development home” means a person or program 1 registered under section 237A.3A that may provide child care to 2 seven or more children at any one time. 3 7. “Children needing special needs care” or “special needs 4 child” means a child or children with one or more of the 5 following conditions: 6 a. The child has been diagnosed by a physician or by a 7 person endorsed for service as a school psychologist by the 8 department of education to have a developmental disability 9 which substantially limits one or more major life activities, 10 and the child requires professional treatment, assistance in 11 self-care, or the purchase of special adaptive equipment. 12 b. The child has been determined by a qualified intellectual 13 disability professional to have a condition which impairs the 14 child’s intellectual and social functioning. 15 c. The child has been diagnosed by a mental health 16 professional to have a behavioral or emotional disorder 17 characterized by situationally inappropriate behavior which 18 deviates substantially from behavior appropriate to the 19 child’s age, or which significantly interferes with the child’s 20 intellectual, social, or personal development. 21 8. “Council” means the council on health and human services. 22 9. 8. “Department” means the department of health and human 23 services. 24 10. 9. “Director” means the director of health and human 25 services. 26 11. 10. “Infant” means a child who is less than twenty-four 27 months of age. 28 12. 11. “Involvement with child care” means licensed 29 or registered under this chapter , employed in a child care 30 facility, residing in a child care facility, receiving public 31 funding for providing child care, or providing child care as a 32 child care home provider, or residing in a child care home. 33 13. 12. “Licensed center” means a center issued a full 34 or provisional license by the department under the provisions 35 -177- SF 2385.4200 (1) 90 ss/ns 177/ 234
of this chapter or a center for which a license is being 1 processed. 2 14. 13. “Poverty level” means the poverty level defined by 3 the most recently revised poverty income guidelines published 4 by the United States department of health and human services. 5 15. 14. “Preschool” means a child care facility which 6 provides to children ages three through five, for periods of 7 time not exceeding three hours per day, programs designed 8 to help the children to develop intellectual skills, social 9 skills, and motor skills, and to extend their interest and 10 understanding of the world about them. 11 16. 15. “School” means kindergarten or a higher grade 12 level. 13 17. “State child care advisory committee” means the state 14 child care advisory committee established pursuant to section 15 135.173A . 16 Sec. 422. Section 238.1, Code 2024, is amended to read as 17 follows: 18 238.1 Definitions. 19 For the purpose of this chapter unless the context otherwise 20 requires: 21 1. “Child” means the same as defined in section 234.1 . 22 2. “Child-placing agency” or “agency” means any agency, 23 whether public, semipublic, or private, which represents that 24 the agency places children permanently or temporarily in 25 private family homes or receives children for placement in 26 private family homes, or which actually engages for gain or 27 otherwise in the placement of children in private family homes. 28 “Agency” includes individuals, institutions, partnerships, 29 voluntary associations, and corporations, other than 30 institutions under the management or control of the department. 31 3. “Council” means the council on health and human services. 32 4. 3. “Department” means the department of health and human 33 services. 34 5. 4. “Director” means the director of health and human 35 -178- SF 2385.4200 (1) 90 ss/ns 178/ 234
services. 1 Sec. 423. Section 238.12, Code 2024, is amended to read as 2 follows: 3 238.12 Appeal —— judicial review. 4 1. A licensee aggrieved by a decision of the department 5 revoking the licensee’s license may appeal to the council 6 department in the manner prescribed by the council department . 7 The council department shall, upon receipt of such an appeal, 8 give the licensee reasonable notice and opportunity for a fair 9 hearing before the council or its duly department’s authorized 10 representative. Following the hearing , the council department 11 shall take final action and notify the licensee in writing. 12 2. Judicial review of the actions of the council department 13 may be sought in accordance with the terms of chapter 17A . 14 Sec. 424. Section 249.1, Code 2024, is amended to read as 15 follows: 16 249.1 Definitions. 17 As used in this chapter : 18 1. “Council” means the council on health and human services. 19 2. 1. “Department” means the department of health and human 20 services. 21 3. 2. “Director” means the director of health and human 22 services. 23 4. 3. “Federal supplemental security income” means cash 24 payments made to individuals by the United States government 25 under Tit. XVI of the Social Security Act as amended by Pub. L. 26 No. 92-603, or any other amendments thereto. 27 5. 4. “Previous categorical assistance programs” means the 28 aid to the blind program authorized by chapter 241 , the aid to 29 the disabled program authorized by chapter 241A and the old-age 30 assistance program authorized by chapter 249, Code 1973 . 31 6. 5. “State supplementary assistance” means cash payments 32 made to individuals: 33 a. By the United States government on behalf of the state of 34 Iowa pursuant to section 249.2 . 35 -179- SF 2385.4200 (1) 90 ss/ns 179/ 234
b. By the state of Iowa directly pursuant to sections 249.3 1 through 249.5 . 2 Sec. 425. Section 249.4, subsection 1, Code 2024, is amended 3 to read as follows: 4 1. Applications for state supplementary assistance shall 5 be made in the form and manner prescribed by the director or 6 the director’s designee , with the approval of the council, 7 pursuant to chapter 17A . Each person who applies and is found 8 eligible under section 249.3 shall, so long as the person’s 9 eligibility continues, receive state supplementary assistance 10 on a monthly basis, from funds appropriated to the department 11 for the purpose. 12 Sec. 426. Section 249A.4B, subsections 1 and 7, Code 2024, 13 are amended to read as follows: 14 1. A medical assistance advisory council is created to 15 comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of 16 the federal Social Security Act and to advise the director 17 about health and medical care services under the medical 18 assistance program. The council shall meet no more than 19 quarterly as necessary . The director’s designee responsible 20 for public health or their designee and a public member of the 21 council selected by the public members of the council shall 22 serve as co-chairpersons of the council. 23 7. The director shall consider the recommendations offered 24 by the council in the director’s preparation of the medical 25 assistance budget recommendations to the council on health and 26 human services pursuant to section 217.3 and in implementation 27 of medical assistance program policies. 28 Sec. 427. Section 331.304, subsection 9, Code 2024, is 29 amended to read as follows: 30 9. A county shall not adopt or enforce any ordinance 31 imposing any registration or licensing system or registration 32 or license fees for or relating to owner-occupied manufactured 33 or mobile homes including the lots, lands, or manufactured 34 home community or mobile home park upon or in which they are 35 -180- SF 2385.4200 (1) 90 ss/ns 180/ 234
located. A county shall not adopt or enforce any ordinance 1 imposing any registration or licensing system, or registration 2 or license fees, or safety or sanitary standards for rental 3 manufactured or mobile homes unless similar registration or 4 licensing system, or registration or license fees, or safety 5 or sanitary standards are required for other rental properties 6 intended for human habitation. This subsection does not 7 preclude the investigation and abatement of a nuisance or the 8 enforcement of a tiedown system, or the enforcement of any 9 regulations rules of the council on department of health and 10 human services or local board of health if those regulations 11 rules apply to other rental properties or to owner-occupied 12 housing intended for human habitation. 13 Sec. 428. Section 364.3, subsection 5, Code 2024, is amended 14 to read as follows: 15 5. A city shall not adopt or enforce any ordinance imposing 16 any registration or licensing system or registration or license 17 fees for or relating to owner-occupied manufactured or mobile 18 homes including the lots, lands, or manufactured home community 19 or mobile home park upon or in which they are located. A 20 city shall not adopt or enforce any ordinance imposing any 21 registration or licensing system, or registration or license 22 fees, or safety or sanitary standards for rental manufactured 23 or mobile homes unless a similar registration or licensing 24 system, or registration or license fees, or safety or sanitary 25 standards are required for other rental properties intended 26 for human habitation. This subsection does not preclude the 27 investigation and abatement of a nuisance or the enforcement of 28 a tiedown system, or the enforcement of any regulations rules 29 of the council on department of health and human services or 30 local board of health if those regulations rules apply to other 31 rental properties or to owner-occupied housing intended for 32 human habitation. 33 DIVISION XII 34 ELIMINATION OF ADVISORY COUNCIL ON BRAIN INJURIES 35 -181- SF 2385.4200 (1) 90 ss/ns 181/ 234
Sec. 429. Section 135.22A, Code 2024, is amended to read as 1 follows: 2 135.22A Advisory council on brain Brain injuries —— policy 3 —— department as lead agency . 4 1. For purposes of this section , unless the context 5 otherwise requires: 6 a. “Brain injury” means a brain injury as defined in section 7 135.22 . 8 b. “Council” means the advisory council on brain injuries 9 health and human services . 10 2. The advisory council on brain injuries is established. 11 The following persons or their designees shall serve as ex 12 officio, nonvoting members of the council: 13 a. The director of health and human services or the 14 director’s designee. 15 b. The director of the department of education. 16 c. The chief of the special education bureau of the 17 department of education. 18 d. The administrator of the division of vocational 19 rehabilitation services of the department of workforce 20 development. 21 e. The director of the department for the blind. 22 3. The council shall be composed of a minimum of nine 23 members appointed by the governor in addition to the ex officio 24 members, and the governor may appoint additional members. 25 Insofar as practicable, the council shall include persons with 26 brain injuries; family members of persons with brain injuries; 27 representatives of industry, labor, business, and agriculture; 28 representatives of federal, state, and local government; and 29 representatives of religious, charitable, fraternal, civic, 30 educational, medical, legal, veteran, welfare, and other 31 professional groups and organizations. Members shall be 32 appointed representing every geographic and employment area 33 of the state and shall include members of both sexes. A 34 simple majority of the members appointed by the governor shall 35 -182- SF 2385.4200 (1) 90 ss/ns 182/ 234
constitute a quorum. 1 4. Members of the council appointed by the governor shall 2 be appointed for terms of two years. Vacancies on the council 3 shall be filled for the remainder of the term of the original 4 appointment. Members whose terms expire may be reappointed. 5 5. The voting members of the council shall appoint a 6 chairperson and a vice chairperson and other officers as the 7 council deems necessary. The officers shall serve until their 8 successors are appointed and qualified. Members of the council 9 shall receive actual expenses for their services. Members may 10 also be eligible to receive compensation as provided in section 11 7E.6 . The council shall adopt rules pursuant to chapter 17A . 12 6. 2. The council shall do all of the following: 13 a. Promote meetings and programs for the discussion of 14 methods to reduce the debilitating effects of brain injuries, 15 and disseminate information in cooperation with any other 16 department, agency, or entity on the prevention, evaluation, 17 care, treatment, and rehabilitation of persons affected by 18 brain injuries. 19 b. Study and review current prevention, evaluation, care, 20 treatment, and rehabilitation technologies and recommend 21 appropriate preparation, training, retraining, and distribution 22 of personnel and resources in the provision of services 23 to persons with brain injuries through private and public 24 residential facilities, day programs, and other specialized 25 services. 26 c. Participate in developing and disseminating criteria and 27 standards which may be required for future funding or licensing 28 of facilities, day programs, and other specialized services for 29 persons with brain injuries in this state. 30 d. Make recommendations to the governor for developing and 31 administering a state plan to provide services for persons with 32 brain injuries. 33 e. Meet at least quarterly as necessary . 34 7. 3. The department is designated as Iowa’s lead agency 35 -183- SF 2385.4200 (1) 90 ss/ns 183/ 234
for brain injury. For the purposes of this section , the 1 designation of lead agency authorizes the department to 2 perform or oversee the performance of those functions specified 3 in subsection 6 , paragraphs “a” through “c” . The council 4 is assigned to the department for administrative purposes. 5 The director shall be responsible for budgeting, program 6 coordination, and related management functions. 7 8. The council may receive gifts, grants, or donations 8 made for any of the purposes of its programs and disburse and 9 administer them in accordance with their terms and under the 10 direction of the director. 11 Sec. 430. Section 135.22B, subsection 2, paragraph c, Code 12 2024, is amended to read as follows: 13 c. The department shall consult with the advisory council 14 on brain injuries, established pursuant to section 135.22A , 15 regarding the program and shall report to the council 16 concerning the program at least quarterly. The council shall 17 make recommendations to the department concerning the program’s 18 operation. 19 DIVISION XIII 20 ELIMINATION OF CHILDREN’S BEHAVIORAL HEALTH SYSTEM STATE BOARD 21 Sec. 431. Section 225C.52, Code 2024, is amended to read as 22 follows: 23 225C.52 Children’s behavioral health system state board —— 24 Council duties. 25 The council shall provide guidance on the implementation 26 and management of a children’s behavioral health system for 27 the provision of services to children with a serious emotional 28 disturbance. To the extent funding is available, the state 29 board council shall perform the following duties: 30 1. Advise the director on the administration of the 31 children’s behavioral health system. 32 2. Provide consultation services support to agencies 33 regarding the development of administrative rules for the 34 children’s behavioral health system. 35 -184- SF 2385.4200 (1) 90 ss/ns 184/ 234
3. Identify behavioral health outcomes and indicators for 1 eligible children with a serious emotional disturbance to 2 promote children living with their own families and in the 3 community. 4 4. Submit a written report on or before December 1 of each 5 year to the governor and the general assembly. At a minimum, 6 the report shall include a summary of all activities undertaken 7 by the state board council relating to the children’s 8 behavioral health system and results from identified behavioral 9 health outcomes and indicators for the children’s behavioral 10 health system. 11 Sec. 432. Section 225C.55, Code 2024, is amended to read as 12 follows: 13 225C.55 Definitions. 14 As used in this subchapter , unless the context otherwise 15 requires: 16 1. “Children’s behavioral health services” means the same as 17 defined in section 225C.2 . 18 2. “Council” means the council on health and human services. 19 2. 3. “Department” means the department of health and human 20 services. 21 3. 4. “Director” means the director of health and human 22 services. 23 4. 5. “Disability services” means the same as defined in 24 section 225C.2 . 25 5. 6. “Population” means, as of July 1 of the fiscal year 26 preceding the fiscal year in which the population figure is 27 applied, the population shown by the latest preceding certified 28 federal census or the latest applicable population estimate 29 issued by the United States census bureau, whichever is most 30 recent. 31 6. 7. “Regional administrator” means the administrative 32 office, organization, or entity formed by agreement of the 33 counties participating in a region to function on behalf of 34 those counties in accordance with this subchapter . 35 -185- SF 2385.4200 (1) 90 ss/ns 185/ 234
7. 8. “Serious emotional disturbance” means the same as 1 defined in section 225C.2 . 2 8. “State board” means the children’s system state board 3 created in section 225C.51 . 4 9. “State commission” means the mental health and disability 5 services commission created in section 225C.5 . 6 Sec. 433. Section 225C.66, subsection 3, Code 2024, is 7 amended to read as follows: 8 3. Pursuant to recommendations made by the state board, 9 the The department shall adopt rules to define the services 10 included in the core domains listed in this section . The rules 11 shall provide service definitions, service provider standards, 12 service access standards, and service implementation dates, and 13 shall provide consistency, to the extent possible, with similar 14 service definitions under the medical assistance program. 15 Sec. 434. REPEAL. Section 225C.51, Code 2024, is repealed. 16 DIVISION XIV 17 ELIMINATION OF CONGENITAL AND INHERITED DISORDERS ADVISORY 18 COMMITTEE 19 Sec. 435. Section 136A.2, Code 2024, is amended to read as 20 follows: 21 136A.2 Definitions. 22 As used in this chapter , unless the context otherwise 23 requires: 24 1. “Attending health care provider” means a licensed 25 physician, nurse practitioner, certified nurse midwife, or 26 physician assistant. 27 2. “Congenital and inherited disorders advisory committee” 28 or “advisory committee” means the congenital and inherited 29 disorders advisory committee created in this chapter . 30 3. 2. “Congenital disorder” means an abnormality existing 31 prior to or at birth, including a stillbirth, that adversely 32 affects the health and development of a fetus, newborn, child, 33 or adult, including a structural malformation or a genetic, 34 chromosomal, inherited, or biochemical disorder. 35 -186- SF 2385.4200 (1) 90 ss/ns 186/ 234
3. “Council” means the council on health and human services. 1 4. “Department” means the department of health and human 2 services. 3 5. “Disorder” means a congenital or inherited disorder. 4 6. “Genetics” means the study of inheritance and how genes 5 contribute to health conditions and the potential for disease. 6 7. “Genomics” means the functions and interactions of all 7 human genes and their variation within human populations, 8 including their interaction with environmental factors, and 9 their contribution to health. 10 8. “Inherited disorder” means a condition caused by an 11 abnormal change in a gene or genes passed from a parent or 12 parents to their child. Onset of the disorder may be prior to 13 or at birth, during childhood, or in adulthood. 14 9. “Stillbirth” means an unintended fetal death occurring 15 after a gestation period of twenty completed weeks, or an 16 unintended fetal death of a fetus with a weight of three 17 hundred fifty or more grams. 18 Sec. 436. Section 136A.3A, Code 2024, is amended to read as 19 follows: 20 136A.3A Congenital and inherited disorders advisory committee 21 established —— process Process for addition of conditions to 22 newborn screening. 23 1. A congenital and inherited disorders advisory committee 24 is established to The council shall assist the department in 25 the development of programs that ensure the availability and 26 access to quality genetic and genomic health care services for 27 all Iowans. 28 2. The members of the advisory committee shall be appointed 29 by the director and shall include persons with relevant 30 expertise and interest including parent representatives. 31 3. 2. The advisory committee council shall assist the 32 department in designating the conditions to be included in the 33 newborn screening and in regularly evaluating the effectiveness 34 and appropriateness of the newborn screening. 35 -187- SF 2385.4200 (1) 90 ss/ns 187/ 234
4. 3. a. Beginning July 1, 2022, the advisory committee 1 council shall ensure that all conditions included in the 2 federal recommended uniform screening panel as of January 1, 3 2022, are included in the newborn screening. 4 b. Within twelve months of the addition of a new 5 condition to the federal recommended uniform screening panel, 6 the advisory committee council shall consider and make a 7 recommendation to the department regarding inclusion of the 8 new condition in the newborn screening, including the current 9 newborn screening capacity to screen for the new condition 10 and the resources necessary to screen for the new condition 11 going forward. If the advisory committee council recommends 12 inclusion of a new condition, the department shall include the 13 new condition in the newborn screening within eighteen months 14 of receipt of the recommendation. 15 5. 4. The department shall submit a status report to the 16 general assembly, annually, by December 31, regarding all of 17 the following: 18 a. The current conditions included in the newborn screening. 19 b. Any new conditions currently under consideration or 20 recommended by the advisory committee council for inclusion in 21 the newborn screening. 22 c. Any new conditions considered but not recommended by the 23 advisory committee council in the prior twelve-month period and 24 the reason for not recommending any such conditions. 25 d. Any departmental request for additional program capacity 26 or resources necessitated by the inclusion of a recommended new 27 condition in the newborn screening. 28 e. Any delay and the reason for the delay by the advisory 29 committee council in complying with the specified twelve-month 30 time frame in considering or recommending the inclusion of a 31 new condition in the newborn screening to the department. 32 f. Any delay and the reason for the delay by the department 33 in complying with the specified eighteen-month time frame in 34 including a new condition in the newborn screening following 35 -188- SF 2385.4200 (1) 90 ss/ns 188/ 234
receipt of a recommendation from the advisory committee council 1 recommending the inclusion of such condition. 2 6. 5. The state hygienic laboratory shall establish 3 the newborn screening fee schedule in a manner sufficient 4 to support the newborn screening system of care including 5 laboratory screening costs, short-term and long-term follow-up 6 program costs, the newborn screening developmental fund, and 7 the cost of the department’s newborn screening data system. 8 DIVISION XV 9 ELIMINATION OF EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL 10 Sec. 437. Section 147A.2, Code 2024, is amended to read as 11 follows: 12 147A.2 Council established —— terms of office on health and 13 human services —— advisory duties . 14 1. An EMS advisory council shall be appointed by the 15 director. Membership of the council shall be comprised of 16 individuals nominated from, but not limited to, the following 17 state or national organizations: Iowa osteopathic medical 18 association, Iowa medical society, American college of 19 emergency physicians, Iowa physician assistant society, Iowa 20 academy of family physicians, university of Iowa hospitals 21 and clinics, American academy of emergency medicine, American 22 academy of pediatrics, Iowa EMS association, Iowa firefighters 23 association, Iowa professional fire fighters, EMS education 24 programs committee, Iowa nurses association, Iowa hospital 25 association, and the Iowa state association of counties. The 26 council shall also include at least two at-large members 27 who are volunteer emergency medical care providers and a 28 representative of a private service program. 29 2. The EMS advisory council on health and human services 30 shall advise the director and develop policy recommendations 31 concerning the regulation, administration, and coordination of 32 emergency medical services in the state. 33 Sec. 438. REPEAL. Section 147A.3, Code 2024, is repealed. 34 DIVISION XVI 35 -189- SF 2385.4200 (1) 90 ss/ns 189/ 234
ELIMINATION OF TRAUMA SYSTEM ADVISORY COUNCIL 1 Sec. 439. Section 147A.23, Code 2024, is amended to read as 2 follows: 3 147A.23 Trauma care system development. 4 1. The department is designated as a lead agency in this 5 state responsible for the development of a statewide trauma 6 care system. 7 2. The department , in consultation with the trauma system 8 advisory council, shall develop, coordinate, and monitor a 9 statewide trauma care system. This system shall include, but 10 not be limited to, the following: 11 a. (1) Development of criteria for the categorization 12 of all hospitals and emergency care facilities according to 13 their trauma care capabilities. These categories shall be for 14 levels I, II, III, and IV, based on the most current guidelines 15 published by the American college of surgeons committee on 16 trauma, the American college of emergency physicians, and 17 the model trauma care plan of the United States department 18 of health and human services’ health resources and services 19 administration. 20 (2) The categorization of all hospitals and emergency 21 care facilities by the department as to their capacity to 22 provide trauma care services. The categorization shall be 23 determined by the department from self-reported information 24 provided to the department by the hospital or emergency care 25 facility. This categorization shall not be construed to imply 26 any guarantee on the part of the department as to the level of 27 trauma care services available at the hospital or emergency 28 care facility. 29 b. (1) Development of a process for the verification of 30 the trauma care capacity of each facility and the issuance of a 31 certificate of verification. The standards and verification 32 process shall be established by rule and may vary as 33 appropriate by level of trauma care capability. To the extent 34 possible, the standards and verification process shall be 35 -190- SF 2385.4200 (1) 90 ss/ns 190/ 234
coordinated with other applicable accreditation and licensing 1 standards. 2 (2) The issuance of a certificate of verification of all 3 categorized hospitals and emergency care facilities from the 4 department at the level preferred by the hospital or emergency 5 care facility. The standards and verification process shall 6 be established by rule and may vary as appropriate by level of 7 trauma care capability. To the extent possible, the standards 8 and verification process shall be coordinated with other 9 applicable accreditation and licensing standards. 10 c. Upon verification and the issuance of a certificate 11 of verification, agreement by a hospital or emergency care 12 facility agrees to maintain a level of commitment and resources 13 sufficient to meet responsibilities and standards as required 14 by the trauma care criteria established by rule under this 15 subchapter . Verifications are valid for a period of three 16 years or as determined by the department and are renewable. As 17 part of the verification and renewal process, the department 18 may conduct periodic on-site reviews of the services and 19 facilities of the hospital or emergency care facility. 20 d. Implementation of an Iowa trauma care plan. 21 e. Development of standards for medical direction, trauma 22 care, triage and transfer protocols, and trauma registries. 23 f. Promotion of public information and education activities 24 for injury prevention. 25 g. The development of strategies and the review of rules 26 adopted under this subchapter to promote optimal trauma care 27 delivery throughout the state. 28 h. Development, implementation, and conducting of trauma 29 care system evaluation, quality assessment, and quality 30 improvement. 31 d. 3. The department is responsible for the funding of the 32 administrative costs of this subchapter . Any funds received 33 by the department for this purpose shall be deposited in the 34 emergency medical services fund established in section 135.25 . 35 -191- SF 2385.4200 (1) 90 ss/ns 191/ 234
e. 4. This section shall not be construed to limit the 1 number and distribution of level I, II, III, and IV categorized 2 and verified trauma care facilities in a community or region. 3 5. Proceedings, records, and reports developed pursuant 4 to this section constitute peer review records under section 5 147.135, and are not subject to discovery by subpoena or 6 admissible as evidence. All information and documents 7 received from a hospital or emergency care facility under this 8 subchapter shall be confidential pursuant to section 272C.6, 9 subsection 4. 10 Sec. 440. Section 147A.26, subsection 1, Code 2024, is 11 amended to read as follows: 12 1. The department shall maintain a statewide trauma 13 reporting system by which the trauma system advisory council 14 and the department may monitor the effectiveness of the 15 statewide trauma care system. 16 Sec. 441. REPEAL. Section 147A.24, Code 2024, is repealed. 17 DIVISION XVII 18 ELIMINATION OF JUSTICE ADVISORY BOARD 19 Sec. 442. Section 216A.131, Code 2024, is amended to read 20 as follows: 21 216A.131 Definitions. 22 For the purpose of this subchapter , unless the context 23 otherwise requires : 24 1. “Board” means the justice advisory board. 25 2. “Department” , “department” means the department of health 26 and human services. 27 Sec. 443. Section 216A.133, Code 2024, is amended to read 28 as follows: 29 216A.133 Purpose and Department duties. 30 1. The purpose of the board department shall be do all of 31 the following: 32 a. Develop short-term and long-term goals to improve the 33 criminal and juvenile justice systems. 34 b. Identify and analyze justice system issues , including 35 -192- SF 2385.4200 (1) 90 ss/ns 192/ 234
the impact of present criminal and juvenile justice policy, and 1 make recommendations for policy change . 2 c. Develop and assist others in implementing recommendations 3 and plans for justice system improvement. 4 d. Provide the general assembly with an analysis of current 5 and proposed criminal code provisions. 6 e. Provide for a clearinghouse of justice system information 7 to coordinate with data resource agencies and assist others in 8 the use of justice system data. 9 2. The board shall advise the department on its 10 administration of state and federal grants and appropriations 11 and shall carry out other functions consistent with this 12 subchapter . 13 3. The duties of the board shall consist of the following: 14 a. Identifying issues and analyzing the operation and impact 15 of present criminal and juvenile justice policy and making 16 recommendations for policy changes. 17 b. f. Coordinating Coordinate with data resource agencies 18 to provide data and analytical information to federal, state, 19 and local governments, and assisting assist agencies in the use 20 of criminal and juvenile justice data. 21 c. g. Reporting Report criminal justice system needs to the 22 governor, the general assembly, and other decision makers to 23 improve the criminal justice system. 24 d. h. Reporting Report juvenile justice system needs to 25 the governor, the general assembly, and other decision makers 26 to address issues specifically affecting the juvenile justice 27 system, including evidence-based programs for group foster 28 care placements and the state training school, diversion, and 29 community-based services for juvenile offenders. 30 e. i. Providing Provide technical assistance upon request 31 to state and local agencies. 32 f. j. Administering Administer federal funds and funds 33 appropriated by the state or that are otherwise available 34 in compliance with applicable laws, regulations, and other 35 -193- SF 2385.4200 (1) 90 ss/ns 193/ 234
requirements for purposes of study, research, investigation, 1 planning, and implementation in the areas of criminal and 2 juvenile justice. 3 g. k. Making Make grants to cities, counties, and other 4 entities pursuant to applicable law. 5 h. l. Maintaining Maintain an Iowa correctional policy 6 project as provided in section 216A.137 . 7 i. m. Providing Provide input and make recommendations 8 to the director including in the development of a budget 9 recommendations for the department. 10 j. Developing and making recommendations to the director. 11 k. n. Serving as a liaison between the department and 12 the public, sharing Share information and gathering gather 13 constituency input. 14 l. Recommending to the department the adoption of rules 15 pursuant to chapter 17A as it deems necessary for the board and 16 department. 17 m. o. Recommending Recommend legislative and executive 18 action to the governor and general assembly. 19 n. p. Establishing Establish advisory committees, work 20 groups, or other coalitions as appropriate. 21 o. q. Providing Provide the general assembly with 22 an analysis and recommendations of current criminal code 23 provisions and proposed legislation which include but are not 24 limited to all of the following: 25 (1) Potential disparity in sentencing. 26 (2) Truth in sentencing. 27 (3) Victims. 28 (4) The proportionality of specific sentences. 29 (5) Sentencing procedures. 30 (6) Costs associated with the implementation of criminal 31 code provisions, including costs to the judicial branch, 32 department of corrections, and judicial district departments 33 of correctional services, costs for representing indigent 34 defendants, and costs incurred by political subdivisions of the 35 -194- SF 2385.4200 (1) 90 ss/ns 194/ 234
state. 1 (7) Best practices related to the department of corrections 2 including recidivism rates, safety and the efficient use of 3 correctional staff, and compliance with correctional standards 4 set by the federal government and other jurisdictions. 5 (8) Best practices related to the Iowa child death state 6 mortality review team committee established in section 135.43 7 and the Iowa domestic abuse death review team established in 8 section 135.109 . 9 p. r. Studying Study and making make recommendations for 10 treating and supervising adult and juvenile sex offenders in 11 institutions, community-based programs, and in the community, 12 in areas which include but are not limited to all of the 13 following: 14 (1) The effectiveness of electronically monitoring sex 15 offenders. 16 (2) The cost and effectiveness of special sentences 17 pursuant to chapter 903B . 18 (3) Risk assessment models created for sex offenders. 19 (4) Determining the best treatment programs available for 20 sex offenders and the efforts of Iowa and other states to 21 implement treatment programs. 22 (5) The efforts of Iowa and other states to prevent sex 23 abuse-related crimes including child sex abuse. 24 (6) Any other related issues the board deems necessary, 25 including but not limited to computer and internet sex-related 26 crimes, sex offender case management, best practices for sex 27 offender supervision, the sex offender registry, and the 28 effectiveness of safety zones. 29 q. s. Providing Provide expertise and advice to the 30 legislative services agency, the department of corrections, the 31 judicial branch, and others charged with formulating fiscal, 32 correctional, or minority impact statements. 33 r. t. Reviewing Review data supplied by the department, the 34 department of management, the legislative services agency, the 35 -195- SF 2385.4200 (1) 90 ss/ns 195/ 234
Iowa supreme court, and other departments or agencies for the 1 purpose of determining the effectiveness and efficiency of the 2 collection of such data. 3 4. 2. The board department shall submit reports, in 4 accordance with section 216A.135 , to the governor and general 5 assembly regarding actions taken, issues studied, and board 6 council recommendations. 7 Sec. 444. Section 216A.135, subsection 1, Code 2024, is 8 amended to read as follows: 9 1. The board department shall submit a three-year criminal 10 and juvenile justice plan for the state, beginning December 1, 11 2020, and every three years thereafter, by December 1. The 12 three-year plan shall be updated annually. Each three-year 13 plan and annual updates of the three-year plan shall be 14 submitted to the governor and the general assembly by December 15 1. 16 Sec. 445. Section 216A.137, subsection 1, Code 2024, is 17 amended to read as follows: 18 1. The department shall maintain an Iowa correctional 19 policy project for the purpose of conducting analyses of 20 major correctional issues affecting the criminal and juvenile 21 justice system. The board department shall identify and 22 prioritize the issues and studies to be addressed by the 23 department through this project and shall report project 24 plans and findings annually along with the report required 25 in section 216A.135 . Issues and studies to be considered by 26 the board shall include but are not limited to a review of the 27 information systems available to assess corrections trends 28 and program effectiveness, the development of an evaluation 29 plan for assessing the impact of corrections expenditures, 30 and a study of the desirability and feasibility of changing 31 the state’s sentencing practices, which includes a prison 32 population forecast. 33 Sec. 446. REPEAL. Section 216A.132, Code 2024, is repealed. 34 DIVISION XVIII 35 -196- SF 2385.4200 (1) 90 ss/ns 196/ 234
ELIMINATION OF IOWA COLLABORATION FOR YOUTH DEVELOPMENT COUNCIL 1 Sec. 447. Section 216A.140, Code 2024, is amended to read 2 as follows: 3 216A.140 Iowa collaboration for youth development council —— 4 state State of Iowa youth advisory council. 5 1. Definitions. For the purposes of this section , unless 6 the context otherwise requires: 7 a. “Youth” means children and young persons who are ages six 8 through twenty-one years. 9 b. “Youth advisory council” means the state of Iowa youth 10 advisory council created by this section . 11 c. “Youth development council” means the Iowa collaboration 12 for youth development council created by this section . 13 2. Collaboration council created. An Iowa collaboration for 14 youth development council is created as an alliance of state 15 agencies that address the needs of youth in Iowa. 16 3. Purpose. The purpose of the youth development council is 17 to improve the lives and futures of Iowa’s youth by doing all 18 of the following: 19 a. Adopting and applying positive youth development 20 principles and practices at the state and local levels. 21 b. Increasing the quality, efficiency, and effectiveness of 22 opportunities and services and other supports for youth. 23 c. Improving and coordinating state youth policy and 24 programs across state agencies. 25 4. Vision statement. All youth development activities 26 addressed by the youth development council shall be aligned 27 around the following vision statement: 28 “All Iowa youth will be safe, healthy, successful, and prepared 29 for adulthood.” 30 5. Membership. The youth development council membership 31 shall be determined by the council itself and shall include the 32 directors or chief administrators, or their designees, from the 33 following state agencies and programs: 34 a. Child advocacy board. 35 -197- SF 2385.4200 (1) 90 ss/ns 197/ 234
b. Department of education. 1 c. Department of health and human services. 2 d. Department of workforce development. 3 e. Office of drug control policy. 4 f. Iowa cooperative extension service in agriculture and 5 home economics. 6 6. Procedure. Except as otherwise provided by law, the 7 youth development council shall determine its own rules of 8 procedure and operating policies, including but not limited 9 to terms of members. The youth development council may form 10 committees or subgroups as necessary to achieve its purpose. 11 7. Duties. The youth development council’s duties shall 12 include but are not limited to all of the following: 13 a. Study, explore, and plan for the best approach to 14 structure and formalize the functions and activities of the 15 youth development council to meet its purpose, and make formal 16 recommendations for improvement to the governor and general 17 assembly. 18 b. Review indicator data and identify barriers to youth 19 success and develop strategies to address the barriers. 20 c. Coordinate across agencies the state policy priorities 21 for youth. 22 d. Strengthen partnerships with the nonprofit and private 23 sectors to gather input, build consensus, and maximize use of 24 existing resources and leverage new resources to improve the 25 lives of youth and their families. 26 e. Oversee the activities of the youth advisory council. 27 f. Seek input from and engage the youth advisory council 28 in the development of more effective policies, practices, and 29 programs to improve the lives and futures of youth. 30 g. Report annually by February 1 to the governor and general 31 assembly. 32 8. 2. State of Iowa youth advisory council. A state of 33 Iowa youth advisory council is created to provide input to the 34 governor, general assembly, and state and local policymakers on 35 -198- SF 2385.4200 (1) 90 ss/ns 198/ 234
youth issues. 1 a. The purpose of the youth advisory council is to foster 2 communication among a group of engaged youth and the governor, 3 general assembly, and state and local policymakers regarding 4 programs, policies, and practices affecting youth and families; 5 and to advocate for youth on important issues affecting youth ; 6 and to improve the lives and futures of Iowa’s youth . 7 b. The youth advisory council shall consist of no more than 8 twenty-one youth ages fourteen through twenty years who reside 9 in Iowa. Membership shall be for two-year staggered terms. 10 The director or the director’s designee shall select council 11 members using an application process. The director or the 12 director’s designee shall strive to maintain a diverse council 13 membership and shall take into consideration race, ethnicity, 14 disabilities, gender, and geographic location of residence of 15 the applicants. 16 c. Except as otherwise provided by law, the youth advisory 17 council shall determine its own rules of procedure and 18 operating policies, subject to approval by the director or the 19 director’s designee. 20 d. The youth advisory council shall meet at least quarterly. 21 do all of the following: 22 (1) Adopt and apply positive youth development principles 23 and practices at the state and local levels. 24 (2) Increase the quality, efficiency, and effectiveness of 25 opportunities and services and other supports for youth. 26 (3) Improve, coordinate, and prioritize state youth policy 27 and programs across state agencies. 28 (4) Align all policies around the vision that all Iowa youth 29 will be safe, healthy, successful, and prepared for adulthood. 30 (5) Review indicator data, identify barriers to youth 31 success, and develop strategies to address the barriers. 32 (6) Strengthen partnerships with the nonprofit and private 33 sectors to gather input, build consensus, and maximize the use 34 of existing resources and leverage new resources to improve the 35 -199- SF 2385.4200 (1) 90 ss/ns 199/ 234
lives of youth and their families. 1 (7) Report annually by February 1 to the governor and the 2 general assembly. 3 9. 3. Lead agency. The lead agency for support of the Iowa 4 collaboration for youth development council and the state of 5 Iowa youth advisory council is the department. The department 6 shall coordinate activities and, with funding made available 7 to it for such purposes, provide staff support for the youth 8 development council and the youth advisory council. 9 DIVISION XIX 10 ELIMINATION OF COMMISSIONS UNDER HUMAN RIGHTS BOARD 11 Sec. 448. Section 216A.1, subsection 1, paragraph a, Code 12 2024, is amended by striking the paragraph and inserting in 13 lieu thereof the following: 14 a. Community advocacy and services on behalf of 15 underrepresented populations in the state. 16 Sec. 449. Section 216A.3, Code 2024, is amended to read as 17 follows: 18 216A.3 Human rights board. 19 1. A human rights board is created within the department. 20 2. The board shall consist of sixteen twelve members, 21 including eleven seven voting members and five nonvoting 22 members , and determined as follows: 23 a. The voting members shall consist of nine seven voting 24 members selected by each of the permanent commissions within 25 the department, and two voting members, appointed by the 26 governor. For purposes of this paragraph “a” , “permanent 27 commissions” means the commission of Latino affairs, 28 commission on the status of women, commission of persons 29 with disabilities, commission on community action agencies, 30 commission of deaf services, justice advisory board, commission 31 on the status of African Americans, commission of Asian and 32 Pacific Islander affairs, and commission of Native American 33 affairs who shall be appointed by the governor, subject to 34 confirmation by the senate pursuant to section 2.32, and shall 35 -200- SF 2385.4200 (1) 90 ss/ns 200/ 234
represent underrepresented populations in the state. All 1 voting members shall reside in the state . The term of office 2 for voting members is four years. 3 b. The nonvoting members shall consist of the department 4 director, two state representatives, one appointed by the 5 speaker of the house of representatives and one by the minority 6 leader of the house of representatives, and two state senators, 7 one appointed by the majority leader of the senate and one by 8 the minority leader of the senate. 9 3. A majority of the voting members of the board shall 10 constitute a quorum, and the affirmative vote of two-thirds of 11 the voting members present is necessary for any substantive 12 action taken by the board. The board shall select a 13 chairperson from the voting members of the board. The board 14 shall meet not less than four times a year. 15 4. The board shall develop do all of the following: 16 a. Develop and monitor implementation of a comprehensive 17 strategic plan to remove barriers for underrepresented 18 populations or groups and, in doing so, to increase Iowa’s 19 productivity and inclusivity, including performance measures 20 and benchmarks. 21 b. Study the opportunities for and changing needs of the 22 underrepresented populations or groups in the state. 23 c. Serve as a liaison between the department and the public, 24 sharing information and gathering constituency input. 25 d. Recommend to the department the adoption of rules 26 pursuant to chapter 17A as the board deems necessary. 27 e. Recommend legislative and executive action to the 28 governor and general assembly to advance the interests of 29 underrepresented populations or groups and to improve the 30 status of low-income persons in the state. 31 f. Establish advisory committees, work groups, or other 32 coalitions as appropriate. 33 g. Advance the interests of underrepresented populations 34 or groups in the areas of human rights, access to justice, 35 -201- SF 2385.4200 (1) 90 ss/ns 201/ 234
economic equality, and the elimination of discrimination. 1 Sec. 450. Section 216A.4, Code 2024, is amended to read as 2 follows: 3 216A.4 Definitions. 4 For purposes of this chapter , unless the context otherwise 5 requires: 6 1. “Asian or Pacific Islander” means an individual from any 7 of the countries of Asia or islands of the Pacific. 8 1. 2. “Board” means the human rights board. 9 2. 3. “Department” means the department of health and human 10 services. 11 3. 4. “Director” means the director of health and human 12 services. 13 5. “Tribal government” means the governing body of a 14 federally recognized Indian tribe. 15 4. 6. “Underrepresented” means the historical 16 marginalization of populations or groups in the United States 17 and Iowa, including but not limited to African Americans, Asian 18 and Pacific Islanders, persons who are deaf or hard of hearing, 19 persons with disabilities, Latinos, Native Americans, women, 20 persons who have low socioeconomic status, at-risk youth, and 21 adults or juveniles with a criminal history. 22 COMMISSION AND OFFICE OF LATINO AFFAIRS ELIMINATION 23 Sec. 451. REPEAL. Sections 216A.11, 216A.12, 216A.13, 24 216A.14, and 216A.15, Code 2024, are repealed. 25 COMMISSION AND OFFICE ON THE STATUS OF WOMEN ELIMINATION 26 Sec. 452. Section 241.3, subsection 2, Code 2024, is amended 27 to read as follows: 28 2. The department shall consult and cooperate with the 29 department of workforce development, the United States 30 commissioner of social security administration, the office 31 on the status of women of the department, the department of 32 education, and other persons in the executive branch of the 33 state government as the department considers appropriate to 34 facilitate the coordination of multipurpose service programs 35 -202- SF 2385.4200 (1) 90 ss/ns 202/ 234
established under this chapter with existing programs of a 1 similar nature. 2 Sec. 453. REPEAL. Sections 216A.51, 216A.52, 216A.53, and 3 216A.54, Code 2024, are repealed. 4 COMMISSION AND OFFICE ON PERSONS WITH DISABILITIES ELIMINATION 5 Sec. 454. REPEAL. Sections 216A.71, 216A.72, 216A.74, and 6 216A.75, Code 2024, are repealed. 7 COMBINING OF DEAF SERVICES COMMISSION AND DUAL PARTY RELAY 8 COUNCIL 9 Sec. 455. Section 216A.111, subsection 2, Code 2024, is 10 amended by striking the subsection. 11 Sec. 456. Section 216A.113, Code 2024, is amended to read 12 as follows: 13 216A.113 Deaf services commission established. 14 1. The commission of deaf services is established, and shall 15 consist of seven voting members appointed by the governor , 16 subject to confirmation by the senate pursuant to section 17 2.32 . Membership of the commission shall include at least four 18 members who are deaf and at least one member who is or hard of 19 hearing , and three members who are representatives of telephone 20 companies . The commission shall also include the director, or 21 the director’s designee, as a nonvoting member. All members 22 shall reside in Iowa. 23 2. Members Voting members of the commission shall serve 24 four-year staggered terms which shall begin and end pursuant to 25 section 69.19 . Members Voting members whose terms expire may 26 be reappointed. Vacancies on the commission may be filled for 27 the remainder of the term in the same manner as the original 28 appointment. Members Voting members shall receive actual 29 expenses incurred while serving in their official capacity, 30 subject to statutory limits. Members Voting members may also 31 be eligible to receive compensation as provided in section 32 7E.6 . 33 3. Members The voting members of the commission shall 34 appoint a chairperson and vice chairperson and other officers 35 -203- SF 2385.4200 (1) 90 ss/ns 203/ 234
as the commission deems necessary. The commission shall 1 meet at least quarterly during each fiscal year. A majority 2 of the voting members currently appointed to the commission 3 shall constitute a quorum. A quorum shall be required for the 4 conduct of business of the commission, and the affirmative vote 5 of a majority of the currently appointed voting members is 6 necessary for any substantive action taken by the commission. 7 A voting member shall not vote on any action if the voting 8 member has a conflict of interest on the matter, and a 9 statement by the voting member of a conflict of interest shall 10 be conclusive for this purpose. 11 Sec. 457. Section 216A.114, Code 2024, is amended to read 12 as follows: 13 216A.114 Commission powers and duties. 14 The commission shall have the following powers and duties: 15 1. Study the changing needs and opportunities for the deaf 16 and hard-of-hearing people in this state. 17 2. Serve as a liaison between the office department and the 18 public, sharing information and gathering constituency input. 19 3. Recommend to the board for adoption rules pursuant 20 to chapter 17A as it deems necessary for the commission and 21 office. 22 4. Recommend legislative and executive action to the 23 governor and general assembly. 24 5. Establish advisory committees, work groups, or other 25 coalitions as appropriate. 26 6. Advise the utilities board on the planning, 27 establishment, administration, and promotion of a statewide 28 program to provide dual party relay service and to secure, 29 finance, and distribute telecommunications devices for the deaf 30 and hard of hearing pursuant to chapter 477C. 31 Sec. 458. Section 477C.2, Code 2024, is amended to read as 32 follows: 33 477C.2 Definitions. 34 As used in this chapter , unless the context otherwise 35 -204- SF 2385.4200 (1) 90 ss/ns 204/ 234
requires: 1 1. “Board” means the utilities board created in section 2 474.1 . 3 2. “Commission” means the commission on deaf services 4 created in section 216A.113. 5 2. 3. “Communication disorder” means the inability to use 6 the telephone for communication without a telecommunications 7 device for the deaf and hard of hearing. 8 3. “Council” means the dual party relay council established 9 in section 477C.5 . 10 4. “Dual party relay service” or “relay service” means a 11 communication service which provides persons with communication 12 disorders access to the telephone system functionally 13 equivalent to the access available to persons without 14 communication disorders. 15 5. “Telecommunications device for the deaf and hard of 16 hearing” means any specialized or supplemental telephone 17 equipment used by persons with communication disorders to 18 provide access to the telephone system. 19 Sec. 459. Section 477C.3, unnumbered paragraph 1, Code 20 2024, is amended to read as follows: 21 With the advice of the council commission , the board shall 22 plan, establish, administer, and promote a statewide program to 23 provide dual party relay service as follows: 24 Sec. 460. Section 477C.4, Code 2024, is amended to read as 25 follows: 26 477C.4 Telecommunications devices for the deaf and hard of 27 hearing. 28 With the advice of the council commission , the board may 29 plan, establish, administer, and promote a program to secure, 30 finance, and distribute telecommunications devices for the 31 deaf and hard of hearing. The board may establish eligibility 32 criteria for persons to receive telecommunications devices 33 for the deaf and hard of hearing, including but not limited 34 to requiring certification that the recipient cannot use the 35 -205- SF 2385.4200 (1) 90 ss/ns 205/ 234
telephone for communication without a telecommunications device 1 for the deaf and hard of hearing. 2 Sec. 461. Section 477C.5, subsection 2, paragraph c, Code 3 2024, is amended by striking the paragraph. 4 Sec. 462. Section 622B.4, Code 2024, is amended to read as 5 follows: 6 622B.4 List. 7 The office of deaf services of the department of health and 8 human services shall prepare and continually update a listing 9 of qualified and available sign language interpreters. The 10 courts and administrative agencies shall maintain a directory 11 of qualified interpreters for deaf and hard-of-hearing 12 persons as furnished by the department of health and human 13 services. The office of deaf services of the department 14 of health and human services shall maintain a list of sign 15 language interpreters which shall be made available to a court, 16 administrative agency, or interested parties to an action using 17 the services of a sign language interpreter. 18 Sec. 463. REPEAL. Sections 216A.112 and 477C.5, Code 2024, 19 are repealed. 20 COMMISSION AND OFFICE ON STATUS OF AFRICAN AMERICANS 21 ELIMINATION 22 Sec. 464. REPEAL. Sections 216A.141, 216A.142, 216A.143, 23 and 216A.146, Code 2024, are repealed. 24 COMMISSION AND OFFICE ON ASIAN AND PACIFIC ISLANDERS 25 ELIMINATION 26 Sec. 465. REPEAL. Sections 216A.151, 216A.152, 216A.153, 27 and 216A.154, Code 2024, are repealed. 28 COMMISSION AND OFFICE OF NATIVE AMERICAN AFFAIRS ELIMINATION 29 Sec. 466. Section 216A.167, Code 2024, is amended to read 30 as follows: 31 216A.167 Limitations on authority. 32 1. The commission board and office department shall not have 33 the authority to do any of the following: 34 a. Implement or administer the duties of the state of Iowa 35 -206- SF 2385.4200 (1) 90 ss/ns 206/ 234
under the federal Indian Gaming Regulatory Act, shall not have 1 any authority to recommend, negotiate, administer, or enforce 2 any agreement or compact entered into between the state of Iowa 3 and Indian tribes located in the state pursuant to section 4 10A.104 , and shall not have any authority relative to Indian 5 gaming issues. 6 b. Administer the duties of the state under the federal 7 National Historic Preservation Act, the federal Native American 8 Graves Protection and Repatriation Act, and chapter 263B . The 9 commission board shall also not interfere with the advisory 10 role of a separate Indian advisory council or committee 11 established by the state archeologist by rule for the purpose 12 of consultation on matters related to ancient human skeletal 13 remains and associated artifacts. 14 2. This subchapter shall not diminish or inhibit the right 15 of any tribal government to interact directly with the state 16 or any of its departments or agencies for any purpose which a 17 tribal government desires to conduct its business or affairs as 18 a sovereign governmental entity. 19 Sec. 467. REPEAL. Sections 216A.161, 216A.162, 216A.163, 20 216A.165, and 216A.166, Code 2024, are repealed. 21 COMMUNITY ACTION AGENCY COMMISSION ELIMINATION 22 Sec. 468. Section 216A.91, Code 2024, is amended to read as 23 follows: 24 216A.91 Definitions. 25 For purposes of this subchapter , unless the context 26 otherwise requires: 27 1. “Commission” means the commission on community action 28 agencies. 29 2. 1. “Community action agency” means a public agency 30 or a private nonprofit agency which is authorized under its 31 charter or bylaws to receive funds to administer community 32 action programs and is designated by the governor to receive 33 and administer the funds. 34 3. 2. “Community action program” means a program conducted 35 -207- SF 2385.4200 (1) 90 ss/ns 207/ 234
by a community action agency which includes projects to provide 1 a range of services to improve the conditions of poverty in the 2 area served by the community action agency. 3 Sec. 469. Section 216A.93, Code 2024, is amended to read as 4 follows: 5 216A.93 Establishment of community action agencies. 6 The department shall recognize and assist in the designation 7 of certain community action agencies to assist in the delivery 8 of community action programs. These programs shall include but 9 not be limited to outreach, community services block grant, 10 low-income energy assistance, and weatherization programs. If 11 a community action agency is in effect and currently serving an 12 area, that community action agency shall become the designated 13 community action agency for that area. If any geographic area 14 of the state ceases to be served by a designated community 15 action agency, the department may solicit applications and 16 assist the governor in designating a community action agency 17 for that area in accordance with current community services 18 block grant requirements. The department shall supervise the 19 collection of data regarding the scope of services provided by 20 the community action agencies. 21 Sec. 470. Section 541A.1, Code 2024, is amended to read as 22 follows: 23 541A.1 Definitions. 24 For the purposes of this chapter , unless the context 25 otherwise requires: 26 1. “Account holder” means an individual who is the owner of 27 an individual development account. 28 2. “Charitable contributor” means a nonprofit association 29 described in section 501(c)(3) of the Internal Revenue Code 30 which makes a deposit to an individual development account 31 and which is exempt from taxation under section 501(a) of the 32 Internal Revenue Code. 33 3. “Commission” means the commission on community action 34 agencies created in section 216A.92A . 35 -208- SF 2385.4200 (1) 90 ss/ns 208/ 234
4. 3. “Department” means the department of health and human 1 services. 2 5. 4. “Director” means the director of health and human 3 services. 4 6. 5. “Federal poverty level” means the first poverty 5 income guidelines published in the calendar year by the United 6 States department of health and human services. 7 7. 6. “Financial institution” means a financial institution 8 approved by the director as an investment mechanism for 9 individual development accounts. 10 8. 7. “Household income” means the annual household 11 income of an account holder or prospective account holder, as 12 determined in accordance with rules adopted by the director. 13 9. 8. “Individual contributor” means an individual who 14 makes a deposit to an individual development account and is not 15 the account holder or a charitable contributor. 16 10. 9. “Individual development account” means either of the 17 following: 18 a. A financial instrument that is certified to have the 19 characteristics described in section 541A.2 by the operating 20 organization. 21 b. A financial instrument that is certified by the 22 operating organization to have the characteristics described 23 in and funded by a federal individual development account 24 program under which federal and state funding contributed to 25 match account holder deposits is deposited by an operating 26 organization in accordance with federal law and regulations, 27 and which includes but is not limited to any of the programs 28 implemented under the following federal laws: 29 (1) The federal Personal Responsibility and Work 30 Opportunity Act of 1996, 42 U.S.C. §604(h). 31 (2) The federal Assets for Independence Act, Pub. L. No. 32 105-285, Tit. IV. 33 11. 10. “Operating organization” means an agency selected 34 by the department for involvement in operating individual 35 -209- SF 2385.4200 (1) 90 ss/ns 209/ 234
development accounts directed to a specific target population. 1 12. 11. “Source of principal” means any of the sources of 2 a deposit to an individual development account under section 3 541A.2, subsection 2 . 4 Sec. 471. Section 541A.5, subsections 1 and 2, Code 2024, 5 are amended to read as follows: 6 1. The commission department , in consultation with 7 the department of administrative services, shall adopt 8 administrative rules to administer this chapter . 9 2. a. The rules adopted by the commission department 10 shall include but are not limited to provision for transfer 11 of an individual development account to a different financial 12 institution than originally approved by the department, if 13 the different financial institution has an agreement with the 14 account’s operating organization. 15 b. The rules for determining household income may provide 16 categorical eligibility for prospective account holders who are 17 enrolled in programs with income eligibility restrictions that 18 are equal to or less than the maximum household income allowed 19 for payment of a state match under section 541A.3 . 20 c. Subject to the availability of funding, the commission 21 department may adopt rules implementing an individual 22 development account program for refugees. Rules shall identify 23 purposes authorized for withdrawals to meet the special needs 24 of refugee families. 25 Sec. 472. Section 541A.6, Code 2024, is amended to read as 26 follows: 27 541A.6 Compliance with federal requirements. 28 The commission department shall adopt rules for compliance 29 with federal individual development account requirements under 30 the federal Personal Responsibility and Work Opportunity 31 Reconciliation Act of 1996, §103, as codified in 42 U.S.C. 32 §604(h), under the federal Assets for Independence Act, Pub. 33 L. No. 105-285, Tit. IV, or with any other federal individual 34 development account program requirements for drawing federal 35 -210- SF 2385.4200 (1) 90 ss/ns 210/ 234
funding. Any rules adopted under this section shall not apply 1 the federal individual development account program requirements 2 to an operating organization which does not utilize federal 3 funding for the accounts with which it is connected or to an 4 account holder who does not receive temporary assistance for 5 needy families block grant or other federal funding. 6 Sec. 473. REPEAL. Sections 216A.92A and 216A.92B, Code 7 2024, are repealed. 8 ELIMINATION OF FAMILY DEVELOPMENT AND SELF-SUFFICIENCY COUNCIL 9 Sec. 474. Section 216A.107, Code 2024, is amended to read 10 as follows: 11 216A.107 Family development and self-sufficiency —— council 12 and grant program. 13 1. A family development and self-sufficiency council is 14 established within the department. The council shall consist 15 of the following persons: 16 a. The director of the department or the director’s 17 designee. 18 b. The director of the school of social work at the 19 university of Iowa or the director’s designee. 20 c. The dean of the college of human sciences at Iowa state 21 university or the dean’s designee. 22 d. Two recipients or former recipients of the family 23 investment program, selected by the other members of the 24 council. 25 e. One recipient or former recipient of the family 26 investment program who is a member of a racial or ethnic 27 minority, selected by the other members of the council. 28 f. One member representing providers of services to victims 29 of domestic violence, selected by the other members of the 30 council. 31 g. The head of the department of design, textiles, 32 gerontology, and family studies at the university of northern 33 Iowa or that person’s designee. 34 h. The director of the department of education or the 35 -211- SF 2385.4200 (1) 90 ss/ns 211/ 234
director’s designee. 1 i. The director of the department of workforce development 2 or the director’s designee. 3 j. Two persons representing the business community, selected 4 by the other members of the council. 5 k. Two members from each chamber of the general assembly 6 serving as ex officio, nonvoting members. The two members 7 of the senate shall be appointed one each by the majority 8 leader and the minority leader of the senate. The two 9 members of the house of representatives shall be appointed one 10 each by the speaker and the minority leader of the house of 11 representatives. 12 2. Unless otherwise provided by law, terms of members, 13 election of officers, and other procedural matters shall be 14 as determined by the council. A quorum shall be required for 15 the conduct of business of the council, and the affirmative 16 vote of a majority of the currently appointed voting members 17 is necessary for any substantive action taken by the council. 18 A member shall not vote on any action if the member has a 19 conflict of interest on the matter, and a statement by the 20 member of a conflict of interest shall be conclusive for this 21 purpose. 22 3. 1. The family development and self-sufficiency council 23 on health and human services shall do all of the following: 24 a. Identify the factors and conditions that place Iowa 25 families at risk of dependency upon the family investment 26 program. The council shall seek to use relevant research 27 findings and national and Iowa-specific data on the family 28 investment program. 29 b. Identify the factors and conditions that place Iowa 30 families at risk of family instability. The council shall 31 seek to use relevant research findings and national and 32 Iowa-specific data on family stability issues. 33 c. Subject to the availability of funds for this 34 purpose, award grants to public or private organizations 35 -212- SF 2385.4200 (1) 90 ss/ns 212/ 234
for provision of family development services to families at 1 risk of dependency on the family investment program or of 2 family instability. Not more than five percent of any funds 3 appropriated by the general assembly for the purposes of this 4 lettered paragraph may be used for staffing and administration 5 of the grants. Grant proposals for the family development and 6 self-sufficiency grant program shall include the following 7 elements: 8 (1) Designation of families to be served that meet one or 9 more criteria for being at risk of dependency on the family 10 investment program or of family instability, and agreement 11 to serve clients that are referred by the department from 12 the family investment program which meet the criteria. The 13 criteria may include but are not limited to factors such as 14 educational level, work history, family structure, age of the 15 youngest child in the family, previous length of stay on the 16 family investment program, and participation in the family 17 investment program or the foster care program while the head of 18 a household was a child. Grant proposals shall also establish 19 the number of families to be served under the grant. 20 (2) Designation of the services to be provided for 21 the families served, including assistance regarding 22 job-seeking skills, family budgeting, nutrition, self-esteem, 23 methamphetamine education, health and hygiene, child rearing, 24 child education preparation, and goal setting. Grant proposals 25 shall indicate the support groups and support systems to be 26 developed for the families served during the transition between 27 the need for assistance and self-sufficiency. 28 (3) Designation of the manner in which other needs of the 29 families will be provided for, including but not limited to 30 child care assistance, transportation, substance use disorder 31 treatment, support group counseling, food, clothing, and 32 housing. 33 (4) Designation of the process for training of the staff 34 which provides services, and the appropriateness of the 35 -213- SF 2385.4200 (1) 90 ss/ns 213/ 234
training for the purposes of meeting family development and 1 self-sufficiency goals of the families being served. 2 (5) Designation of the support available within the 3 community for the program and for meeting subsequent needs of 4 the clients, and the manner in which community resources will 5 be made available to the families being served. 6 (6) Designation of the manner in which the program will be 7 subject to audit and to evaluation. 8 (7) Designation of agreement provisions for tracking and 9 reporting performance measures developed pursuant to paragraph 10 “d” . 11 d. Develop appropriate performance measures for the grant 12 program to demonstrate how the program helps families achieve 13 self-sufficiency. 14 e. Seek to enlist research support from the Iowa research 15 community in meeting the duties outlined in paragraphs “a” 16 through “d” . 17 f. Seek additional support for the funding of grants under 18 the program, including but not limited to funds available 19 through the federal government in serving families at risk of 20 long-term welfare dependency, and private foundation grants. 21 g. Make recommendations to the governor and the general 22 assembly on the effectiveness of programs in Iowa and 23 throughout the country that provide family development services 24 that lead to self-sufficiency for families at risk of welfare 25 dependency. 26 4. 2. a. The department shall administer the family 27 development and self-sufficiency grant program. 28 b. To the extent that the family development and 29 self-sufficiency grant program is funded by the federal 30 temporary assistance for needy families block grant and by the 31 state maintenance of efforts funds appropriated in connection 32 with the block grant, the department shall comply with all 33 federal requirements for the block grant. The department is 34 responsible for payment of any federal penalty imposed that is 35 -214- SF 2385.4200 (1) 90 ss/ns 214/ 234
attributable to the grant program and shall receive any federal 1 bonus payment attributable to the grant program. 2 c. The department shall ensure that expenditures of moneys 3 appropriated to the department from the general fund of the 4 state for the family development and self-sufficiency grant 5 program are eligible to be considered as state maintenance of 6 effort expenditures under federal temporary assistance for 7 needy families block grant requirements. 8 d. The department shall consider the recommendations of 9 the council on health and human services in adopting rules 10 pertaining to the grant program. 11 e. The department shall submit to the governor and general 12 assembly on or before November 30 following the end of each 13 state fiscal year, a report detailing performance measure 14 and outcome data evaluating the family development and 15 self-sufficiency grant program for the fiscal year that just 16 ended. 17 DIVISION XX 18 HAWKI BOARD AND ADVISORY COMMITTEE FOR CHILDREN WITH SPECIAL 19 HEALTH CARE NEEDS ELIMINATION 20 Sec. 475. Section 249A.4B, subsection 2, paragraph b, Code 21 2024, is amended to read as follows: 22 b. The council shall include all of the following nonvoting 23 members: 24 (1) The director’s designee responsible for public health 25 or their designee. 26 (2) The long-term care ombudsman, or the long-term care 27 ombudsman’s designee. 28 (3) The dean of Des Moines university college of osteopathic 29 medicine, or the dean’s designee. 30 (4) The dean of the university of Iowa college of medicine, 31 or the dean’s designee. 32 (5) A member of the Hawki board created in section 514I.5 , 33 selected by the members of the Hawki board. 34 (6) (5) The following members of the general assembly, each 35 -215- SF 2385.4200 (1) 90 ss/ns 215/ 234
for a term of two years as provided in section 69.16B : 1 (a) Two members of the house of representatives, one 2 appointed by the speaker of the house of representatives 3 and one appointed by the minority leader of the house of 4 representatives from their respective parties. 5 (b) Two members of the senate, one appointed by the 6 president of the senate after consultation with the majority 7 leader of the senate and one appointed by the minority leader 8 of the senate. 9 Sec. 476. Section 514I.1, subsection 2, Code 2024, is 10 amended to read as follows: 11 2. It is the intent of the general assembly that the program 12 be implemented and administered in compliance with Tit. XXI 13 of the federal Social Security Act. If, as a condition of 14 receiving federal funds for the program, federal law requires 15 implementation and administration of the program in a manner 16 not provided in this chapter , during a period when the general 17 assembly is not in session, the department, with the approval 18 of the Hawki board medical assistance advisory council , shall 19 proceed to implement and administer those provisions, subject 20 to review by the next regular session of the general assembly. 21 Sec. 477. Section 514I.2, Code 2024, is amended to read as 22 follows: 23 514I.2 Definitions. 24 As used in this chapter , unless the context otherwise 25 requires: 26 1. “Benchmark benefit package” means any of the following: 27 a. The standard blue cross/blue shield preferred provider 28 option service benefit plan, described in and offered under 5 29 U.S.C. §8903(1). 30 b. A health benefits coverage plan that is offered and 31 generally available to state employees in this state. 32 c. The plan of a health maintenance organization as defined 33 in 42 U.S.C. §300e, with the largest insured commercial, 34 nonmedical assistance enrollment of covered lives in the state. 35 -216- SF 2385.4200 (1) 90 ss/ns 216/ 234
2. “Cost sharing” means the payment of a premium or 1 copayment as provided for by Tit. XXI of the federal Social 2 Security Act and section 514I.10 . 3 3. “Department” means the department of health and human 4 services. 5 4. “Director” means the director of health and human 6 services. 7 5. “Eligible child” means an individual who meets the 8 criteria for participation in the program under section 514I.8 . 9 6. “Hawki board” or “board” means the entity which adopts 10 rules and establishes policy for, and directs the department 11 regarding, the Hawki program. 12 7. 6. “Hawki program” or “program” means the healthy and 13 well kids in Iowa program created in this chapter to provide 14 health insurance coverage to eligible children. 15 8. 7. “Health insurance coverage” means health insurance 16 coverage as defined in 42 U.S.C. §300gg-91. 17 8. “Medical assistance advisory council” or “advisory 18 council” means the medical assistance advisory council created 19 in section 249A.4B. 20 9. “Participating insurer” means any of the following: 21 a. An entity licensed by the division of insurance 22 of the department of insurance and financial services to 23 provide health insurance in Iowa that has contracted with the 24 department to provide health insurance coverage to eligible 25 children under this chapter . 26 b. A managed care organization acting pursuant to a contract 27 with the department to administer the Hawki program. 28 10. “Qualified child health plan” or “plan” means health 29 insurance coverage provided by a participating insurer under 30 this chapter . 31 Sec. 478. Section 514I.4, Code 2024, is amended to read as 32 follows: 33 514I.4 Director and department —— duties —— powers. 34 1. The director, with the approval of the Hawki board 35 -217- SF 2385.4200 (1) 90 ss/ns 217/ 234
medical assistance advisory council , shall implement this 1 chapter . The director shall do all of the following: 2 a. At least every six months, evaluate the scope of the 3 program currently being provided under this chapter , project 4 the probable cost of continuing the program, and compare 5 the probable cost with the remaining balance of the state 6 appropriation made for payment of assistance under this chapter 7 during the current appropriation period. The director shall 8 report the findings of the evaluation to the board advisory 9 council and shall annually report findings to the governor and 10 the general assembly by January 1. 11 b. Establish premiums to be paid to participating insurers 12 for provision of health insurance coverage. 13 c. Contract with participating insurers to provide health 14 insurance coverage under this chapter . 15 d. Recommend to the board advisory council proposed rules 16 necessary to implement the program. 17 e. Recommend to the board individuals to serve as members of 18 the clinical advisory committee. 19 2. a. The director, with the approval of the board advisory 20 council , may contract with participating insurers to provide 21 dental-only services. 22 b. The director, with the approval of the board advisory 23 council , may contract with participating insurers to provide 24 the supplemental dental-only coverage to otherwise eligible 25 children who have private health care coverage as specified in 26 the federal Children’s Health Insurance Program Reauthorization 27 Act of 2009, Pub. L. No. 111-3. 28 3. The department may enter into contracts with other 29 persons whereby the other person provides some or all of the 30 functions, pursuant to rules adopted by the board advisory 31 council , which are required of the director or the department 32 under this section . All contracts entered into pursuant to 33 this section shall be made available to the public. 34 4. The department shall do or shall provide for all of the 35 -218- SF 2385.4200 (1) 90 ss/ns 218/ 234
following: 1 a. Determine eligibility for program enrollment as 2 prescribed by federal law and regulation, using policies and 3 procedures adopted by rule of the department pursuant to 4 chapter 17A . The department shall not enroll a child who has 5 group health coverage unless expressly authorized by such 6 rules. 7 b. Enroll qualifying children in the program with 8 maintenance of a supporting eligibility file or database. 9 c. Utilize the department’s eligibility system to maintain 10 eligibility files with pertinent eligibility determination and 11 ongoing enrollment information including but not limited to 12 data regarding beneficiaries, enrollment dates, disenrollments, 13 and annual financial redeterminations. 14 d. Provide for administrative oversight and monitoring of 15 federal requirements. 16 e. Perform annual financial reviews of eligibility for each 17 beneficiary. 18 f. Collect and track monthly family premiums to assure that 19 payments are current. 20 g. Notify each participating insurer of new program 21 enrollees who are enrolled by the department in that 22 participating insurer’s plan. 23 h. Verify the number of program enrollees with each 24 participating insurer for determination of the amount of 25 premiums to be paid to each participating insurer. 26 i. Maintain data for the purpose of quality assurance 27 reports as required by rule of the board advisory council . 28 j. (1) Establish the family cost sharing amounts for 29 children of families with incomes of one hundred fifty percent 30 or more but not exceeding two hundred percent of the federal 31 poverty level, of not less than ten dollars per individual 32 and twenty dollars per family, if not otherwise prohibited by 33 federal law, with the approval of the board advisory council . 34 (2) Establish for children of families with incomes 35 -219- SF 2385.4200 (1) 90 ss/ns 219/ 234
exceeding two hundred percent but not exceeding three hundred 1 percent of the federal poverty level, family cost sharing 2 amounts, and graduated premiums based on a rationally developed 3 sliding fee schedule, in accordance with federal law, with the 4 approval of the board advisory council . 5 k. Perform annual, random reviews of enrollee applications 6 to ensure compliance with program eligibility and enrollment 7 policies. Quality assurance reports shall be made to the 8 board advisory council based upon the data maintained by the 9 department. 10 l. Perform other duties as determined by the board advisory 11 council . 12 Sec. 479. Section 514I.5, Code 2024, is amended to read as 13 follows: 14 514I.5 Hawki board Medical assistance advisory council —— 15 duties . 16 1. A Hawki board for the Hawki program is established. The 17 board shall meet not less than six and not more than twelve 18 times annually, for the purposes of establishing medical 19 assistance advisory council shall establish policy for, 20 directing direct the department on, and adopting adopt rules 21 for the Hawki program. The board shall consist of seven voting 22 members and four ex officio, nonvoting members, including all 23 of the following: 24 a. The commissioner of insurance, or the commissioner’s 25 designee. 26 b. The director of the department of education, or the 27 director’s designee. 28 c. The director of health and human services, or the 29 director’s designee. 30 d. Four public members appointed by the governor and 31 subject to confirmation by the senate. The public members 32 shall be members of the general public who have experience, 33 knowledge, or expertise in the subject matter embraced within 34 this chapter . 35 -220- SF 2385.4200 (1) 90 ss/ns 220/ 234
e. Two members of the senate and two members of the house of 1 representatives, serving as ex officio, nonvoting members. The 2 legislative members of the board shall be appointed one each 3 by the majority leader of the senate, after consultation with 4 the president of the senate, and by the minority leader of the 5 senate, and by the speaker of the house of representatives, 6 after consultation with the majority leader of the house of 7 representatives, and by the minority leader of the house 8 of representatives. Legislative members shall receive 9 compensation pursuant to section 2.12 . 10 2. Members appointed by the governor shall serve two-year 11 staggered terms as designated by the governor, and legislative 12 members of the board shall serve two-year terms. The filling 13 of positions reserved for the public representatives, 14 vacancies, membership terms, payment of compensation and 15 expenses, and removal of the members are governed by chapter 16 69 . Members of the board are entitled to receive reimbursement 17 of actual expenses incurred in the discharge of their duties. 18 Public members of the board are also eligible to receive 19 compensation as provided in section 7E.6 . A majority of the 20 voting members constitutes a quorum and the affirmative vote 21 of a majority of the voting members is necessary for any 22 substantive action to be taken by the board. The members 23 shall select a chairperson on an annual basis from among the 24 membership of the board. 25 3. 2. The board advisory council shall approve any contract 26 entered into pursuant to this chapter . All contracts entered 27 into pursuant to this chapter shall be made available to the 28 public. 29 4. The department shall act as support staff to the board. 30 5. The board may receive and accept grants, loans, or 31 advances of funds from any person and may receive and accept 32 from any source contributions of money, property, labor, or any 33 other thing of value, to be held, used, and applied for the 34 purposes of the program. 35 -221- SF 2385.4200 (1) 90 ss/ns 221/ 234
6. 3. The Hawki board medical assistance advisory council 1 shall do all of the following: 2 a. Define, in consultation with the department, the regions 3 of the state for which plans are offered in a manner as to 4 ensure access to services for all children participating in the 5 program. 6 b. Approve the benefit package design, review the benefit 7 package design on a periodic basis, and make necessary changes 8 in the benefit design to reflect the results of the periodic 9 reviews. 10 c. Develop, with the assistance of the department, an 11 outreach plan, and provide for periodic assessment of the 12 effectiveness of the outreach plan. The plan shall provide 13 outreach to families of children likely to be eligible 14 for assistance under the program, to inform them of the 15 availability of and to assist the families in enrolling 16 children in the program. The outreach efforts may include, but 17 are not limited to, solicitation of cooperation from programs, 18 agencies, and other persons who are likely to have contact 19 with eligible children, including but not limited to those 20 associated with the educational system, and the development 21 of community plans for outreach and marketing. Other state 22 agencies shall assist the department in data collection related 23 to outreach efforts to potentially eligible children and their 24 families. 25 d. In consultation with the clinical advisory committee, 26 assess the initial health status of children participating in 27 the program, establish a baseline for comparison purposes, and 28 develop appropriate indicators to measure the subsequent health 29 status of children participating in the program. 30 e. Review, in consultation with the department, and take 31 necessary steps to improve interaction between the program and 32 other public and private programs which provide services to the 33 population of eligible children. 34 f. By January 1, annually, prepare, with the assistance 35 -222- SF 2385.4200 (1) 90 ss/ns 222/ 234
of the department, and submit a report to the governor, the 1 general assembly, and the council on health and human services, 2 concerning the board’s advisory council’s activities, findings, 3 and recommendations. 4 g. Solicit input from the public regarding the program and 5 related issues and services. 6 h. Establish and consult with a clinical advisory committee 7 to make recommendations to the board regarding the clinical 8 aspects of the Hawki program. 9 i. Prescribe the elements to be included in a health 10 improvement program plan required to be developed by a 11 participating insurer. The elements shall include but are not 12 limited to health maintenance and prevention and health risk 13 assessment. 14 j. Establish an advisory committee to make Make 15 recommendations to the board and to the general assembly 16 by January 1 annually concerning the provision of health 17 insurance coverage to children with special health care needs. 18 The committee shall include individuals with experience in, 19 knowledge of, or expertise in this area. The recommendations 20 shall address, but are not limited to, all of the following: 21 (1) The definition of the target population of children 22 with special health care needs for the purposes of determining 23 eligibility under the program. 24 (2) Eligibility options for and assessment of children with 25 special health care needs for eligibility. 26 (3) Benefit options for children with special health care 27 needs. 28 (4) Options for enrollment of children with special health 29 care needs in and disenrollment of children with special health 30 care needs from qualified child health plans utilizing a 31 capitated fee form of payment. 32 (5) The appropriateness and quality of care for children 33 with special health care needs. 34 (6) The coordination of health services provided for 35 -223- SF 2385.4200 (1) 90 ss/ns 223/ 234
children with special health care needs under the program with 1 services provided by other publicly funded programs. 2 k. Develop options and recommendations to allow children 3 eligible for the Hawki program to participate in qualified 4 employer-sponsored health plans through a premium assistance 5 program. The options and recommendations shall ensure 6 reasonable alignment between the benefits and costs of 7 the Hawki program and the employer-sponsored health plans 8 consistent with federal law. In addition, the board advisory 9 council shall implement the premium assistance program options 10 described under the federal Children’s Health Insurance Program 11 Reauthorization Act of 2009, Pub. L. No. 111-3, for the Hawki 12 program. 13 7. 4. The Hawki board medical assistance advisory council , 14 in consultation with the department, shall adopt rules 15 which address, but are not limited to addressing, all of the 16 following: 17 a. Implementation and administration of the program. 18 b. Qualifying standards for selecting participating insurers 19 for the program. 20 c. The benefits to be included in a qualified child health 21 plan which are those included in a benchmark or benchmark 22 equivalent plan and which comply with Tit. XXI of the federal 23 Social Security Act. Benefits covered shall include but are 24 not limited to all of the following: 25 (1) Inpatient hospital services including medical, 26 surgical, intensive care unit, mental health, and substance use 27 disorder services. 28 (2) Nursing care services including skilled nursing 29 facility services. 30 (3) Outpatient hospital services including emergency room, 31 surgery, lab, and x-ray services and other services. 32 (4) Physician services, including surgical and medical, and 33 including office visits, newborn care, well-baby and well-child 34 care, immunizations, urgent care, specialist care, allergy 35 -224- SF 2385.4200 (1) 90 ss/ns 224/ 234
testing and treatment, mental health visits, and substance use 1 disorder visits. 2 (5) Ambulance services. 3 (6) Physical therapy. 4 (7) Speech therapy. 5 (8) Durable medical equipment. 6 (9) Home health care. 7 (10) Hospice services. 8 (11) Prescription drugs. 9 (12) Dental services including preventive services. 10 (13) Medically necessary hearing services. 11 (14) Vision services including corrective lenses. 12 (15) Translation and interpreter services as specified 13 pursuant to the federal Children’s Health Insurance Program 14 Reauthorization Act of 2009, Pub. L. No. 111-3. 15 (16) Chiropractic services. 16 (17) Occupational therapy. 17 d. Presumptive eligibility criteria for the program. 18 Beginning January 1, 2010, presumptive Presumptive eligibility 19 shall be provided for eligible children. 20 e. The amount of any cost sharing under the program which 21 shall be assessed based on family income and which complies 22 with federal law. 23 f. The reasons for disenrollment including, but not limited 24 to, nonpayment of premiums, eligibility for medical assistance 25 or other insurance coverage, admission to a public institution, 26 relocation from the area, and change in income. 27 g. Conflict of interest provisions applicable to 28 participating insurers and between public members of the board 29 advisory council and participating insurers. 30 h. Penalties for breach of contract or other violations of 31 requirements or provisions under the program. 32 i. A mechanism for participating insurers to report any 33 rebates received to the department. 34 j. The data to be maintained by the department including 35 -225- SF 2385.4200 (1) 90 ss/ns 225/ 234
data to be collected for the purposes of quality assurance 1 reports. 2 k. The use of provider guidelines in assessing the 3 well-being of children, which may include the use of the bright 4 futures for infants, children, and adolescents program as 5 developed by the federal maternal and child health bureau and 6 the American academy of pediatrics guidelines for well-child 7 care. 8 8. 5. a. The Hawki board medical assistance advisory 9 council may provide approval to the director to contract with 10 participating insurers to provide dental-only services. In 11 determining whether to provide such approval to the director, 12 the board advisory council shall take into consideration the 13 impact on the overall program of single source contracting for 14 dental services. 15 b. The Hawki board medical assistance advisory council may 16 provide approval to the director to contract with participating 17 insurers to provide the supplemental dental-only coverage 18 to otherwise eligible children who have private health 19 care coverage as specified in the federal Children’s Health 20 Insurance Program Reauthorization Act of 2009, Pub. L. No. 21 111-3. 22 9. 6. The Hawki board medical assistance advisory 23 council shall monitor the capacity of Medicaid managed 24 care organizations acting pursuant to a contract with the 25 department to administer the Hawki program to specifically 26 and appropriately address the unique needs of children and 27 children’s health delivery. 28 Sec. 480. Section 514I.6, subsection 4, paragraph d, Code 29 2024, is amended to read as follows: 30 d. Other information as directed by the board advisory 31 council . 32 Sec. 481. Section 514I.6, subsection 5, Code 2024, is 33 amended to read as follows: 34 5. Submit a plan for a health improvement program to the 35 -226- SF 2385.4200 (1) 90 ss/ns 226/ 234
department, for approval by the board advisory council . 1 Sec. 482. Section 514I.8, subsection 2, paragraph e, Code 2 2024, is amended to read as follows: 3 e. Is not currently covered under a group health plan as 4 defined in 42 U.S.C. §300gg-91(a)(1) unless allowed by rule of 5 the board advisory council . 6 Sec. 483. Section 514I.8, subsection 3, Code 2024, is 7 amended to read as follows: 8 3. In accordance with the rules adopted by the board 9 advisory council , a child may be determined to be presumptively 10 eligible for the program pending a final eligibility 11 determination. Following final determination of eligibility, 12 a child shall be eligible for a twelve-month period. At the 13 end of the twelve-month period, a review of the circumstances 14 of the child’s family shall be conducted to establish 15 eligibility and cost sharing for the subsequent twelve-month 16 period. Pending such review of the circumstances of the 17 child’s family, the child shall continue to be eligible for 18 and remain enrolled in the same plan if the family complies 19 with requirements to provide information and verification of 20 income, otherwise cooperates in the annual review process, 21 and submits the completed review form and any information 22 necessary to establish continued eligibility in a timely manner 23 in accordance with administrative rules. 24 Sec. 484. Section 514I.9, subsection 1, Code 2024, is 25 amended to read as follows: 26 1. The Hawki board advisory council shall review the 27 benefits package annually and shall determine additions to 28 or deletions from the benefits package offered. The Hawki 29 board advisory council shall submit the recommendations to the 30 general assembly for any amendment to the benefits package. 31 DIVISION XXI 32 AUTISM COUNCIL ELIMINATION AND CREATION OF IOWA SPECIAL 33 EDUCATION COUNCIL 34 Sec. 485. NEW SECTION . 256.35B Iowa special education 35 -227- SF 2385.4200 (1) 90 ss/ns 227/ 234
council. 1 1. An Iowa special education council is created to act in an 2 advisory capacity to the department in promoting, directing, 3 and supervising education for children requiring special 4 education in the schools under the supervision and control of 5 the department. 6 2. The council shall consist of seven voting members 7 appointed by the governor and confirmed by the senate. Each of 8 the following shall be represented among the voting members: 9 a. One member who is a parent or guardian of a student who 10 has a disability in obtaining an education because of autism. 11 b. One member who is a parent or guardian of a student 12 who has a disability in obtaining an education because of a 13 behavioral disorder. 14 c. One member who is a parent or guardian of a student who 15 has a disability in obtaining an education because of physical 16 disability. 17 d. One member who is a parent or guardian of a student who 18 has a disability in obtaining an education because of mental 19 learning disability or head injury. 20 e. One member who is a parent or guardian of a student 21 who has a disability in obtaining an education because of a 22 communication learning disability. 23 f. One member who is a parent or guardian of a student who 24 has a disability in obtaining an education because of dyslexia. 25 g. One member who is a special education teacher. 26 3. Voting members shall serve three-year terms beginning 27 and ending as provided in section 69.19, and appointments shall 28 comply with section 69.16. Vacancies on the council shall 29 be filled in the same manner as the original appointment. A 30 person appointed to fill a vacancy shall serve only for the 31 unexpired portion of the term. Public members shall receive 32 reimbursement for actual expenses incurred while serving in 33 their official capacity and may also be eligible to receive 34 compensation as provided in section 7E.6. 35 -228- SF 2385.4200 (1) 90 ss/ns 228/ 234
4. The council shall elect a chairperson from its voting 1 members annually. A majority of the voting members of the 2 council shall constitute a quorum. 3 5. The department shall convene and provide administrative 4 support to the council. 5 Sec. 486. REPEAL. Section 256.35A, Code 2024, is repealed. 6 Sec. 487. EFFECTIVE DATE. This division of this Act takes 7 effect July 1, 2025. 8 DIVISION XXII 9 TRANSITION PROVISIONS 10 Sec. 488. TRANSITION PROVISIONS. 11 1. A rule adopted by a government body eliminated in this 12 Act that is in force and effect immediately prior to the 13 effective date of this division of this Act shall continue in 14 full force and effect until the earlier of the following: 15 a. The rule is amended, rescinded, or supplemented by the 16 affirmative action of the board of pharmacy, state historical 17 society board of trustees, board of education, employment 18 appeal board, economic development authority board, human 19 rights board, or the government body under which the former 20 government body was organized. 21 b. The rule expires by its own terms. 22 2. Any license or permit issued by a government body 23 eliminated in this Act in effect on the effective date of this 24 division of this Act shall continue in full force and effect 25 until expiration or renewal. 26 3. a. Any moneys in any account or fund of, and all client 27 and organizational files in the possession of, the prescription 28 monitoring program advisory council shall be transferred to the 29 control of the board of pharmacy. 30 b. Any moneys in any account or fund of, and all client and 31 organizational files in the possession of, the secondary road 32 fund distribution committee shall be transferred to the control 33 of the state transportation commission. 34 c. Any moneys in any account or fund of, and all client and 35 -229- SF 2385.4200 (1) 90 ss/ns 229/ 234
organizational files in the possession of, the state historical 1 records advisory board shall be transferred to the control of 2 the board of trustees of the state historical society. 3 d. Any moneys in any account or fund of, and all client and 4 organizational files in the possession of, the state board of 5 preserves or farmer advisory committee shall be transferred to 6 the control of the natural resource commission. 7 e. Any moneys in any account or fund of, and all client 8 and organizational files in the possession of, the community 9 college council or nonpublic school advisory committee shall be 10 transferred to the control of the board of education. 11 f. Any moneys in any account or fund of, and all client 12 and organizational files in the possession of, the public 13 employment relations board shall be transferred to the control 14 of the employment appeal board. 15 g. Any moneys in any account or fund of, and all client 16 and organizational files in the possession of, the enhance 17 Iowa board shall be transferred to the control of the economic 18 development authority board. 19 h. Any moneys in any account or fund of, and all client and 20 organizational files in the possession of, the advisory council 21 on brain injuries, children’s behavioral health system state 22 board, congenital and inherited disorders advisory committee, 23 emergency medical services advisory council, family development 24 and self-sufficiency council, justice advisory board, trauma 25 system advisory council, or Iowa collaboration for youth 26 development council shall be transferred to the control of the 27 council on health and human services. 28 i. Any moneys in any account or fund of, and all client 29 and organizational files in the possession of, the commissions 30 on the status of African Americans or the status of women, 31 the commissions of Asian and Pacific Islanders, persons with 32 disabilities, or Native Americans, or the Latino affairs 33 commission shall be transferred to the control of the human 34 rights board. 35 -230- SF 2385.4200 (1) 90 ss/ns 230/ 234
j. Any moneys in any account or fund of, and all client and 1 organizational files in the possession of, the healthy and well 2 kids in Iowa board or advisory committee shall be transferred 3 to the control of the medical assistance advisory council. 4 k. Any moneys in any account or fund of, and all client and 5 organizational files in the possession of, the dual party relay 6 council shall be transferred to the control of the commission 7 of deaf services. 8 l. Any moneys in any account or fund of, and all client and 9 organizational files in the possession of, any other board, 10 council, committee, or commission eliminated in this Act shall 11 be transferred to the control of the state agency or department 12 under which the board, council, committee, or commission was 13 organized. 14 4. a. Any cause of action, statute of limitation, 15 or administrative action relating to or initiated by the 16 prescription monitoring program advisory council shall not be 17 affected as a result of this Act and shall apply to the board 18 of pharmacy. 19 b. Any cause of action, statute of limitation, or 20 administrative action relating to or initiated by the secondary 21 road fund distribution committee shall not be affected as a 22 result of this Act and shall apply to the state transportation 23 commission. 24 c. Any cause of action, statute of limitation, or 25 administrative action relating to or initiated by the state 26 historical records advisory board shall not be affected as a 27 result of this Act and shall apply to the board of trustees of 28 the state historical society. 29 d. Any cause of action, statute of limitation, or 30 administrative action relating to or initiated by the state 31 board of preserves or farmer advisory committee shall not be 32 affected as a result of this Act and shall apply to the natural 33 resource commission. 34 e. Any cause of action, statute of limitation, or 35 -231- SF 2385.4200 (1) 90 ss/ns 231/ 234
administrative action relating to or initiated by the community 1 college council or nonpublic school advisory committee shall 2 not be affected as a result of this Act and shall apply to the 3 board of education. 4 f. Any cause of action, statute of limitation, or 5 administrative action relating to or initiated by the public 6 employment relations board shall not be affected as a result of 7 this Act and shall apply to the employment appeal board. 8 g. Any cause of action, statute of limitation, or 9 administrative action relating to or initiated by the enhance 10 Iowa board shall not be affected as a result of this Act and 11 shall apply to the economic development authority board. 12 h. Any cause of action, statute of limitation, or 13 administrative action relating to or initiated by the advisory 14 council on brain injuries, children’s behavioral health system 15 state board, congenital and inherited disorders advisory 16 committee, emergency medical services advisory council, family 17 development and self-sufficiency council, justice advisory 18 board, trauma system advisory council, or Iowa collaboration 19 for youth development council shall not be affected as a result 20 of this Act and shall apply to the council on health and human 21 services. 22 i. Any cause of action, statute of limitation, or 23 administrative action relating to or initiated by the 24 commissions on the status of African Americans or the status of 25 women, the commissions of Asian and Pacific Islanders, persons 26 with disabilities, or Native Americans, or the Latino affairs 27 commission shall not be affected as a result of this Act and 28 shall apply to the human rights board. 29 j. Any cause of action, statute of limitation, or 30 administrative action relating to or initiated by the healthy 31 and well kids in Iowa board or advisory committee shall not be 32 affected as a result of this Act and shall apply to the medical 33 assistance advisory council. 34 k. Any cause of action, statute of limitation, or 35 -232- SF 2385.4200 (1) 90 ss/ns 232/ 234
administrative action relating to or initiated by the dual 1 party relay council shall not be affected as a result of this 2 Act and shall apply to the commission of deaf services. 3 l. Any cause of action, statute of limitation, or 4 administrative action relating to or initiated by any other 5 board, council, committee, or commission eliminated in this Act 6 shall not be affected as a result of this Act and shall apply to 7 the state agency or department under which the board, council, 8 committee, or commission was organized. 9 5. Any personnel in the state merit system of employment 10 who are mandatorily transferred due to the effect of this Act 11 shall be so transferred without any loss in salary, benefits, 12 or accrued years of service. 13 6. a. Except as otherwise provided, nothing in this Act 14 shall affect the appointment or any term of office of a member 15 of any board, council, commission, committee, or other similar 16 entity of the state established by the Code prior to the 17 effective date of this division of this Act. 18 b. Notwithstanding any other provision to the contrary 19 in this Act, the terms of all members serving on any board, 20 council, commission, committee, or other similar entity merged, 21 consolidated, or eliminated by this Act, or any such entity 22 with fewer members or reduced term lengths for current members 23 resulting from the provisions of this Act, shall terminate on 24 the effective date of this division of this Act. 25 c. Except for those boards, councils, commissions, 26 committees, or other similar entities eliminated by this Act, 27 the governor or other appointing or designating authority shall 28 appoint or designate new members to the boards, councils, 29 commissions, committees, or other similar entities provided 30 for in this subsection on or before the effective date of this 31 division of this Act. The governor or other appointing or 32 designating authority shall determine the length of the initial 33 terms of office for each respective position, but in any event 34 shall stagger such terms, beginning and ending as otherwise 35 -233- SF 2385.4200 (1) 90 ss/ns 233/ 234
provided by law. > 1 ______________________________ BLOOMINGDALE of Worth -234- SF 2385.4200 (1) 90 ss/ns 234/ 234