Senate
File
2385
-
Enrolled
Senate
File
2385
AN
ACT
RELATING
TO
BOARDS,
COMMISSIONS,
COMMITTEES,
COUNCILS,
AND
OTHER
ENTITIES
OF
STATE
GOVERNMENT,
AND
INCLUDING
EFFECTIVE
DATE
AND
TRANSITION
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
SOIL
CONSERVATION
AND
WATER
QUALITY
COMMITTEE
Section
1.
Section
159.5,
subsection
12,
Code
2024,
is
amended
to
read
as
follows:
12.
Create
and
maintain
a
division
of
soil
conservation
and
water
quality
as
provided
in
chapter
161A
.
The
division’s
director
shall
be
appointed
by
the
secretary
from
a
list
of
names
of
persons
recommended
by
the
soil
conservation
and
water
quality
committee,
pursuant
to
section
161A.4
,
and
shall
serve
at
the
pleasure
of
the
secretary.
The
director
shall
be
the
administrator
responsible
for
carrying
out
the
provisions
of
chapters
207
and
208
.
Sec.
2.
Section
161A.3,
subsection
4,
Code
2024,
is
amended
to
read
as
follows:
4.
“Committee”
means
the
state
soil
conservation
and
water
quality
committee
established
in
section
161A.4
161A.4A
.
Sec.
3.
Section
161A.4,
subsections
1,
6,
and
7,
Code
2024,
are
amended
to
read
as
follows:
1.
The
division
of
soil
conservation
and
water
quality
created
within
the
department
pursuant
to
section
159.5
shall
perform
the
functions
conferred
upon
it
in
this
chapter
and
Senate
File
2385,
p.
2
chapters
161C
,
161E
,
161F
,
207
,
and
208
,
and
466B
.
The
division
shall
be
administered
in
accordance
with
the
policies
of
the
committee,
which
shall
advise
the
division
and
which
shall
approve
administrative
rules
proposed
by
the
division
for
the
administration
of
this
chapter
and
chapters
161C
,
161E
,
161F
,
207
,
and
208
before
the
rules
are
adopted
pursuant
to
section
17A.5
.
If
a
difference
exists
between
the
committee
and
secretary
regarding
the
content
of
a
proposed
rule,
the
secretary
shall
notify
the
chairperson
of
the
committee
of
the
difference
within
thirty
days
from
the
committee’s
action
on
the
rule.
The
secretary
and
the
committee
shall
meet
to
resolve
the
difference
within
thirty
days
after
the
secretary
provides
the
committee
with
notice
of
the
difference.
6.
a.
The
committee
division
may
perform
acts,
hold
public
hearings,
and
propose
and
approve
rules
pursuant
to
chapter
17A
as
necessary
for
the
execution
of
its
functions.
b.
The
committee
shall
recommend
to
the
secretary
each
year
a
budget
for
the
division.
The
secretary,
at
the
earliest
opportunity
and
prior
to
formulating
a
budget,
shall
meet
with
representatives
of
the
committee
to
discuss
the
committee’s
recommendation.
c.
The
committee
shall
recommend
three
persons
to
the
secretary
of
agriculture
who
shall
appoint
from
the
persons
recommended
a
director
to
head
the
division
and
serve
at
the
pleasure
of
the
secretary.
After
reviewing
the
names
submitted,
the
secretary
may
request
that
the
committee
submit
additional
names
for
consideration.
7.
The
committee
or
division
may
call
upon
the
attorney
general
of
the
state
for
necessary
legal
services.
The
committee
may
delegate
to
its
chairperson,
to
one
or
more
of
its
members,
or
to
one
or
more
agents
or
employees,
powers
and
duties
as
it
deems
proper.
Upon
request
of
the
committee,
for
the
purpose
of
carrying
out
any
of
the
functions
assigned
the
committee
or
the
department
by
law,
the
supervising
officer
of
any
state
agency,
or
of
any
state
institution
of
learning
shall,
insofar
as
possible
under
available
appropriations,
and
having
due
regard
to
the
needs
of
the
agency
to
which
the
request
is
directed,
assign
or
detail
the
request
to
the
staff
or
personnel
of
the
agency
or
institution
of
learning,
and
Senate
File
2385,
p.
3
make
the
special
reports,
surveys,
or
studies
as
the
committee
requests.
Sec.
4.
Section
161A.4,
subsections
4
and
5,
Code
2024,
are
amended
by
striking
the
subsections.
Sec.
5.
NEW
SECTION
.
161A.4A
State
soil
conservation
and
water
quality
committee.
1.
A
state
soil
conservation
and
water
quality
committee
is
established
within
the
department.
The
committee
exists
to
provide
expert
advice
and
consultation
related
to
technical
and
financial
assistance
programs
administered
by
the
division
and
promote
the
installation
of
soil
and
water
conservation
practices
to
the
citizens
of
the
state
of
Iowa.
a.
The
members
of
the
committee
shall
be
appointed
by
the
secretary
of
agriculture
and
shall
include
the
following:
(1)
Six
of
the
members
shall
be
persons
engaged
in
actual
farming
operations,
each
of
whom
shall
be
a
resident
of
one
of
six
different
geographic
regions
in
the
state,
including
northwest,
southwest,
north
central,
south
central,
northeast,
and
southeast
Iowa.
One
member
shall
be
actively
engaged
in
tree
farming.
The
boundaries
of
the
geographic
regions
shall
be
established
by
the
department
by
rule.
(2)
One
member
shall
be
an
elected
commissioner
from
a
soil
and
water
conservation
district.
(3)
One
member
shall
be
a
representative
of
the
mining
industry.
(4)
One
member
shall
be
a
representative
of
cities
and
towns.
(5)
One
member
shall
be
a
representative
of
an
organization
working
in
conservation
or
outdoor
recreation.
(6)
One
member
shall
be
a
representative
of
agribusiness.
(7)
One
member
shall
be
a
representative
of
an
engineering
or
contracting
business
engaged
in
conservation
work.
b.
The
following
shall
serve
as
ex
officio,
nonvoting
members
of
the
committee:
(1)
The
director
of
the
Iowa
cooperative
extension
service
in
agriculture
and
home
economics,
or
the
director’s
designee.
(2)
The
director
of
the
department
of
natural
resources,
or
the
director’s
designee.
(3)
The
state
conservationist
for
the
state
of
Iowa
of
the
Senate
File
2385,
p.
4
natural
resources
conservation
service.
2.
a.
The
committee
shall
designate
its
chairperson,
and
may
change
the
designation.
The
members
appointed
by
the
secretary
of
agriculture
shall
serve
for
a
period
of
two
years.
Members
designated
to
represent
the
director
of
the
department
of
natural
resources
and
the
director
of
the
Iowa
cooperative
extension
service
in
agriculture
and
home
economics
shall
serve
at
the
pleasure
of
the
officer
making
the
designation.
b.
Members
are
entitled
to
actual
expenses
necessarily
incurred
in
the
discharge
of
their
duties
as
members
of
the
committee.
The
expenses
paid
to
the
committee
members
shall
be
paid
from
moneys
appropriated
to
the
department.
Each
member
of
the
committee
may
also
be
eligible
to
receive
compensation
as
provided
in
section
7E.6.
The
committee
shall
provide
for
the
keeping
of
a
full
and
accurate
record
of
all
proceedings.
Sec.
6.
Section
161A.5,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
one
hundred
soil
and
water
conservation
districts
established
in
the
manner
which
was
prescribed
by
law
prior
to
July
1,
1975
shall
continue
in
existence
with
the
boundaries
and
the
names
in
effect
on
July
1,
1975.
If
the
existence
of
a
district
so
established
is
discontinued
pursuant
to
section
161A.10
,
a
petition
for
reestablishment
of
the
district
or
for
annexation
of
the
former
district’s
territory
to
any
other
abutting
district
may
be
submitted
to,
and
shall
be
acted
upon
by,
the
committee
division
in
substantially
the
manner
provided
by
section
467A.5,
Code
1975
.
Sec.
7.
Section
161A.5,
subsection
2,
paragraph
c,
Code
2024,
is
amended
to
read
as
follows:
c.
If
a
commissioner
is
absent
for
sixty
or
more
percent
of
monthly
meetings
during
any
twelve-month
period,
the
other
commissioners
by
their
unanimous
vote
may
declare
the
member’s
office
vacant.
A
vacancy
in
the
office
of
commissioner
shall
be
filled
by
appointment
of
the
committee
remaining
members
of
the
district
until
the
next
succeeding
general
election,
at
which
time
the
balance
of
the
unexpired
term
shall
be
filled
as
provided
by
section
69.12
.
Within
thirty
days
of
an
appointment
pursuant
to
this
paragraph,
the
district
shall
notify
the
division
of
any
change
to
its
membership.
Senate
File
2385,
p.
5
Sec.
8.
Section
161A.7,
subsection
1,
paragraph
k,
Code
2024,
is
amended
to
read
as
follows:
k.
Subject
to
the
approval
of
the
committee
division
,
to
change
the
name
of
the
soil
and
water
conservation
district.
Sec.
9.
Section
161A.7,
subsection
1,
paragraph
n,
subparagraph
(1),
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
district
plan
shall
contain
a
comprehensive
long-range
assessment
of
soil
and
surface
water
resources
in
the
district
consistent
with
rules
approved
by
the
committee
division
under
section
161A.4
.
In
developing
the
plan
the
district
may
receive
technical
support
from
the
United
States
department
of
agriculture
natural
resources
conservation
service
and
the
county
board
of
supervisors
in
the
county
where
the
district
is
located.
The
division
and
the
Iowa
cooperative
extension
service
in
agriculture
and
home
economics
may
provide
technical
support
to
the
district.
The
support
may
include
but
is
not
limited
to
the
following:
Sec.
10.
Section
161A.7,
subsection
1,
paragraph
n,
subparagraph
(2),
Code
2024,
is
amended
to
read
as
follows:
(2)
The
title
page
of
the
district
plan
and
a
notification
stating
where
the
plan
may
be
reviewed
shall
be
recorded
with
the
recorder
in
the
county
in
which
the
district
is
located,
and
updated
as
necessary,
after
the
committee
director
of
the
division
approves
and
the
director
of
the
division
signs
the
district
plan.
The
commissioners
shall
provide
notice
of
the
recording
and
may
provide
a
copy
of
the
approved
district
plan
to
the
county
board
of
supervisors
in
the
county
where
the
district
is
located.
The
district
plan
shall
be
filed
with
the
division
as
part
of
the
state
soil
and
water
resource
conservation
plan
provided
in
section
161A.4
.
Sec.
11.
Section
161A.7,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
The
commissioners,
as
a
condition
for
the
receipt
of
any
state
cost-sharing
funds
for
permanent
soil
conservation
practices,
shall
require
the
owner
of
the
land
on
which
the
practices
are
to
be
established
to
covenant
and
file,
in
the
office
of
the
district
of
the
county
in
which
the
land
is
located,
an
agreement
identifying
the
particular
lands
upon
Senate
File
2385,
p.
6
which
the
practices
for
which
state
cost-sharing
funds
are
to
be
received
will
be
established,
and
providing
that
the
project
will
not
be
removed,
altered,
or
modified
so
as
to
lessen
its
effectiveness
without
the
consent
of
the
commissioners,
obtained
in
advance
and
based
on
guidelines
drawn
up
by
the
committee
division
,
for
a
period
not
to
exceed
twenty
years
after
the
date
of
receiving
payment.
The
commissioners
shall
assist
the
division
in
the
enforcement
of
this
subsection
.
The
agreement
does
not
create
a
lien
on
the
land,
but
is
a
charge
personally
against
the
owner
of
the
land
at
the
time
of
removal,
alteration,
or
modification
if
an
administrative
order
is
made
under
section
161A.61,
subsection
3
.
Sec.
12.
Section
161A.10,
Code
2024,
is
amended
to
read
as
follows:
161A.10
Discontinuance
of
districts.
1.
At
any
time
after
five
years
after
the
organization
of
a
district
under
this
chapter
,
any
twenty-five
owners
of
land
lying
within
the
boundaries
of
the
district,
but
in
no
case
less
than
twenty
percent
of
the
owners
of
land
lying
within
the
district,
may
file
a
petition
with
the
committee
division
asking
that
the
operations
of
the
district
be
terminated
and
the
existence
of
the
district
discontinued.
The
committee
division
may
conduct
public
meetings
and
public
hearings
upon
the
petition
as
necessary
to
assist
in
the
consideration
of
the
petition.
Within
sixty
days
after
a
petition
has
been
received
by
the
committee
division
,
the
division
shall
give
due
notice
of
the
holding
of
a
referendum,
shall
supervise
the
referendum,
and
shall
issue
appropriate
rules
governing
the
conduct
of
the
referendum.
The
question
is
to
be
submitted
by
ballots
upon
which
the
words
“For
terminating
the
existence
of
the
.....
(name
of
the
soil
and
water
conservation
district
to
be
here
inserted)”
and
“Against
terminating
the
existence
of
the
.....
(name
of
the
soil
and
water
conservation
district
to
be
here
inserted)”
shall
be
printed,
with
a
square
before
each
proposition
and
a
direction
to
insert
an
X
mark
in
the
square
before
one
or
the
other
of
the
propositions
as
the
voter
favors
or
opposes
discontinuance
of
the
district.
All
owners
of
lands
lying
within
the
boundaries
of
the
district
are
eligible
to
vote
in
the
referendum.
No
informalities
in
the
conduct
of
Senate
File
2385,
p.
7
the
referendum
or
in
any
matters
relating
to
the
referendum
invalidate
the
referendum
or
the
result
of
the
referendum
if
notice
was
given
substantially
as
provided
in
this
section
and
if
the
referendum
was
fairly
conducted.
2.
When
sixty-five
percent
of
the
landowners
vote
to
terminate
the
existence
of
the
district,
the
committee
division
shall
advise
the
commissioners
to
terminate
the
affairs
of
the
district.
The
commissioners
shall
dispose
of
all
property
belonging
to
the
district
at
public
auction
and
shall
pay
over
the
proceeds
of
the
sale
to
be
deposited
into
the
state
treasury.
The
commissioners
shall
then
file
an
application,
duly
verified,
with
the
secretary
of
state
for
the
discontinuance
of
the
district,
and
shall
transmit
with
the
application
the
certificate
of
the
committee
division
setting
forth
the
determination
of
the
committee
division
that
the
continued
operation
of
the
district
is
not
administratively
practicable
and
feasible.
The
application
shall
recite
that
the
property
of
the
district
has
been
disposed
of
and
the
proceeds
paid
over
as
provided
in
this
section
,
and
shall
set
forth
a
full
accounting
of
the
properties
and
proceeds
of
the
sale.
The
secretary
of
state
shall
issue
to
the
commissioners
a
certificate
of
dissolution
and
shall
record
the
certificate
in
an
appropriate
book
of
record
in
the
secretary
of
state’s
office.
3.
Upon
issuance
of
a
certificate
of
dissolution
under
this
section
,
all
ordinances
and
regulations
previously
adopted
and
in
force
within
the
districts
are
of
no
further
force
and
effect.
All
contracts
previously
entered
into,
to
which
the
district
or
commissioners
are
parties,
remain
in
force
and
effect
for
the
period
provided
in
the
contracts.
The
committee
division
is
substituted
for
the
district
or
commissioners
as
party
to
the
contracts.
The
committee
division
is
entitled
to
all
benefits
and
subject
to
all
liabilities
under
the
contracts
and
has
the
same
right
and
liability
to
perform,
to
require
performance,
to
sue
and
be
sued,
and
to
modify
or
terminate
the
contracts
by
mutual
consent
or
otherwise,
as
the
commissioners
of
the
district
would
have
had.
4.
The
committee
division
shall
not
entertain
petitions
for
the
discontinuance
of
any
district
nor
conduct
referenda
upon
Senate
File
2385,
p.
8
discontinuance
petitions
nor
make
determinations
pursuant
to
the
petitions
in
accordance
with
this
chapter
,
more
often
than
once
in
five
years.
Sec.
13.
Section
161A.22,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
The
governing
body
of
the
subdistrict,
upon
determination
that
benefits
from
works
of
improvement
as
set
forth
in
the
watershed
work
plan
to
be
installed
will
exceed
costs
thereof,
and
that
funds
needed
for
purposes
of
the
subdistrict
require
levy
of
a
special
benefit
assessment
as
provided
in
section
161A.23
,
in
lieu
of
the
special
annual
tax
as
provided
in
section
161A.20
,
shall
record
its
decision
to
use
its
taxing
authority
and,
upon
majority
vote
of
the
governing
body
and
with
the
approval
of
the
committee
division
,
may
issue
warrants
or
bonds
payable
in
not
more
than
forty
semiannual
installments
in
connection
with
the
special
benefit
assessment,
and
pledge
and
assign
the
proceeds
of
the
special
benefit
assessment
and
other
revenues
of
the
subdistrict
as
security
for
the
warrants
or
bonds.
The
warrants
and
bonds
of
indebtedness
are
general
obligations
of
the
subdistrict,
exempt
from
all
taxes,
state
and
local,
and
are
not
indebtedness
of
the
district
or
the
state
of
Iowa.
Sec.
14.
Section
161A.42,
subsection
9,
paragraphs
a
and
b,
Code
2024,
are
amended
to
read
as
follows:
a.
“Permanent
soil
and
water
conservation
practices”
means
planting
of
perennial
grasses,
legumes,
shrubs,
or
trees,
the
establishment
of
grassed
waterways,
and
the
construction
of
terraces,
or
other
permanent
soil
and
water
practices
approved
by
the
committee
division
.
b.
“Temporary
soil
and
water
conservation
practices”
means
planting
of
annual
or
biennial
crops,
use
of
strip-cropping,
contour
planting,
or
minimum
or
mulch
tillage,
and
any
other
cultural
practices
approved
by
the
committee
division
.
Sec.
15.
Section
161A.44,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
commissioners
of
each
district
shall,
with
approval
of
and
within
time
limits
set
by
administrative
order
of
the
committee
division
,
adopt
reasonable
regulations
as
are
deemed
necessary
to
establish
a
soil
loss
limit
or
limits
for
Senate
File
2385,
p.
9
the
district
and
provide
for
the
implementation
of
the
limit
or
limits.
A
district
may
subsequently
amend
or
repeal
its
regulations
as
it
deems
necessary.
The
committee
division
shall
review
the
soil
loss
limit
regulations
adopted
by
the
districts
at
least
once
every
five
years,
and
shall
recommend
changes
in
the
regulations
of
a
district
which
the
committee
division
deems
necessary
to
assure
that
the
district’s
soil
loss
limits
are
reasonable
and
attainable.
The
commissioners
may:
Sec.
16.
Section
161A.44,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
Establish
different
soil
loss
limits
for
different
classes
of
land
in
the
district
if
in
their
judgment
and
that
of
the
committee
division
a
lower
soil
loss
limit
should
be
applied
to
some
land
than
can
reasonably
be
applied
to
other
land
in
the
district,
it
being
the
intent
of
the
general
assembly
that
no
land
in
the
state
be
assigned
a
soil
loss
limit
that
cannot
reasonably
be
applied
to
such
land.
Sec.
17.
Section
161A.45,
Code
2024,
is
amended
to
read
as
follows:
161A.45
Submission
of
regulations
to
committee
division
——
hearing.
Regulations
which
the
commissioners
propose
to
adopt,
amend,
or
repeal
shall
be
submitted
to
the
committee
division
,
in
a
form
prescribed
by
the
committee
division
,
for
its
approval.
The
committee
division
may
approve
the
regulations
as
submitted,
or
with
amendments
as
it
deems
necessary.
The
commissioners
shall,
after
approval,
publish
notice
of
hearing
on
the
proposed
regulations,
as
approved,
in
a
newspaper
of
general
circulation
in
the
district,
setting
a
date
and
time
not
less
than
ten
nor
more
than
thirty
days
after
the
publication
when
a
hearing
on
the
proposed
regulations
will
be
held
at
a
specified
place.
The
notice
shall
include
the
full
text
of
the
proposed
regulations
or
shall
state
that
the
proposed
regulations
are
on
file
and
available
for
review
at
the
office
of
the
affected
soil
and
water
conservation
district.
Sec.
18.
Section
161A.46,
Code
2024,
is
amended
to
read
as
follows:
Senate
File
2385,
p.
10
161A.46
Conduct
of
hearing.
At
the
hearing,
the
commissioners
or
their
designees
shall
explain,
in
reasonable
detail,
the
reasons
why
adoption,
amendment,
or
repeal
of
the
regulations
is
deemed
necessary
or
advisable.
Any
landowner,
or
any
occupant
of
land
who
would
be
affected
by
the
regulations,
shall
be
afforded
an
opportunity
to
be
heard
for
or
against
the
proposed
regulations.
At
the
conclusion
of
the
hearing,
the
commissioners
shall
announce
and
enter
of
record
their
decision
whether
to
adopt
or
modify
the
proposed
regulations.
Any
modification
must
be
approved
by
the
committee
division
,
which
may
at
its
discretion
order
the
commissioners
to
republish
the
regulations
and
hold
another
hearing
in
the
manner
prescribed
by
this
chapter
.
Sec.
19.
Section
161A.71,
subsections
1
and
4,
Code
2024,
are
amended
to
read
as
follows:
1.
The
division
may
establish
a
conservation
practices
revolving
loan
fund
composed
of
any
money
appropriated
by
the
general
assembly
for
that
purpose,
and
of
any
other
moneys
available
to
and
obtained
or
accepted
by
the
committee
division
from
the
federal
government
or
private
sources
for
placement
in
that
fund.
Except
as
otherwise
provided
by
subsection
3
,
the
assets
of
the
conservation
practices
revolving
loan
fund
shall
be
used
only
to
make
loans
directly
to
owners
of
land
in
this
state
for
the
purpose
of
establishing
on
that
land
any
new
permanent
soil
and
water
conservation
practice
which
the
commissioners
of
the
soil
and
water
conservation
district
in
which
the
land
is
located
have
found
is
necessary
or
advisable
to
meet
the
soil
loss
limits
established
for
that
land.
A
loan
shall
not
be
made
for
establishing
a
permanent
soil
and
water
conservation
practice
on
land
that
is
subject
to
the
restriction
on
state
cost-sharing
funds
of
section
161A.76
.
Revolving
loan
funds
and
public
cost-sharing
funds
may
be
used
in
combination
for
funding
a
particular
soil
and
water
conservation
practice.
Each
loan
made
under
this
section
shall
be
for
a
period
not
to
exceed
ten
years,
shall
bear
no
interest,
and
shall
be
repayable
to
the
conservation
practices
revolving
loan
fund
in
equal
yearly
installments
due
March
1
of
each
year
the
loan
is
in
effect.
The
interest
rate
upon
loans
for
which
payment
is
delinquent
shall
accelerate
immediately
to
Senate
File
2385,
p.
11
the
current
legal
usury
limit.
Applicants
are
eligible
for
no
more
than
twenty
thousand
dollars
in
loans
outstanding
at
any
time
under
this
program.
“Permanent
soil
and
water
conservation
practices”
has
the
same
meaning
as
defined
in
section
161A.42
and
those
established
under
this
program
are
subject
to
the
requirements
of
section
161A.7,
subsection
3
.
Loans
made
under
this
program
shall
come
due
for
payment
upon
sale
of
the
land
on
which
those
practices
are
established.
4.
This
section
does
not
negate
the
provisions
of
section
161A.48
that
an
owner
or
occupant
of
land
in
this
state
shall
not
be
required
to
establish
any
new
soil
and
water
conservation
practice
unless
public
cost-sharing
funds
have
been
approved
and
are
available
for
the
land
affected.
However,
the
owner
of
land
with
respect
to
which
an
administrative
order
to
establish
soil
and
water
conservation
practices
has
been
issued
under
section
161A.47
but
not
complied
with
for
lack
of
public
cost-sharing
funds,
may
waive
the
right
to
await
availability
of
such
funds
and
instead
apply
for
a
loan
under
this
section
to
establish
any
permanent
soil
and
water
conservation
practices
necessary
to
comply
with
the
order.
If
a
landowner
does
so,
that
loan
application
shall
be
given
reasonable
preference
by
the
committee
division
if
there
are
applications
for
more
loans
under
this
section
than
can
be
made
from
the
money
available
in
the
conservation
practices
revolving
loan
fund.
If
it
is
found
necessary
to
deny
an
application
for
a
soil
and
water
conservation
practices
loan
to
a
landowner
who
has
waived
the
right
to
availability
of
public
cost-sharing
funds
before
complying
with
an
administrative
order
issued
under
section
161A.47
,
the
landowner’s
waiver
is
void.
Sec.
20.
Section
161A.71,
subsection
3,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
Contract,
sue
and
be
sued,
and
promulgate
administrative
rules
necessary
to
carry
out
the
provisions
of
this
section
,
but
the
committee
division
shall
not
in
any
manner
directly
or
indirectly
pledge
the
credit
of
the
state
of
Iowa.
Sec.
21.
Section
161A.72,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
Financial
incentives
provided
under
this
chapter
shall
Senate
File
2385,
p.
12
be
administered
by
the
division.
The
incentives
shall
be
supported
with
funds
appropriated
by
the
general
assembly,
and
moneys
available
to
or
obtained
by
the
division
or
the
committee
from
public
or
private
sources,
including
but
not
limited
to
the
United
States,
other
states,
or
private
organizations.
The
division
shall
adopt
all
rules
consistent
with
chapter
17A
necessary
to
carry
out
the
purpose
of
this
subchapter
as
provided
in
section
161A.70
.
Sec.
22.
Section
161A.74,
subsection
1,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
The
financial
incentives
shall
not
exceed
more
than
fifty
percent
of
the
estimated
cost
of
establishing
the
practices
as
determined
by
the
commissioners,
or
fifty
percent
of
the
actual
cost
of
establishing
the
practices,
whichever
is
less.
However,
the
commissioners
may
allocate
an
amount
determined
by
the
committee
division
for
management
of
soil
and
water
conservation
practices,
except
as
otherwise
provided
regarding
land
classified
as
agricultural
land
under
conservation
cover.
Sec.
23.
Section
161A.74,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
The
committee
division
shall
review
requirements
of
this
section
once
each
year.
The
committee
division
may
authorize
commissioners
in
districts
to
condition
the
establishment
of
a
mandatory
soil
and
water
conservation
practice
in
a
specific
case
on
a
higher
proportion
of
public
cost-sharing
than
is
required
by
this
section
.
The
commissioners
shall
determine
the
amount
of
cost-sharing
moneys
allocated
to
establish
a
specific
soil
and
water
conservation
practice
in
accordance
with
an
administrative
order
issued
pursuant
to
section
161A.47
by
considering
the
extent
to
which
the
practice
will
contribute
benefits
to
the
individual
owner
or
occupant
of
the
land
on
which
the
practice
is
to
be
established.
Sec.
24.
Section
161A.75,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
Following
the
disaster
emergency,
the
commissioners
shall
submit
a
report
to
the
committee
division
providing
information
regarding
restoration
projects
and
moneys
allocated
under
this
section
for
the
projects.
Sec.
25.
Section
161C.1,
subsection
1,
Code
2024,
is
amended
Senate
File
2385,
p.
13
by
striking
the
subsection.
Sec.
26.
Section
161C.4,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
A
water
protection
fund
is
created
within
the
division.
The
fund
is
composed
of
money
appropriated
by
the
general
assembly
for
that
purpose,
and
moneys
available
to
and
obtained
or
accepted
by
the
committee
division
from
the
United
States
or
private
sources
for
placement
in
the
fund.
The
fund
shall
be
a
revolving
fund
from
which
moneys
may
be
used
for
loans,
grants,
administrative
costs,
and
cost-sharing.
Sec.
27.
Section
161C.4,
subsection
3,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
Contract,
sue
and
be
sued,
and
adopt
rules
necessary
to
carry
out
the
provisions
of
this
section
,
but
the
division
or
committee
shall
not
in
any
manner
directly
or
indirectly
pledge
the
credit
of
this
state.
Sec.
28.
Section
207.2,
subsection
2,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
29.
Section
207.3,
subsections
2,
3,
and
4,
Code
2024,
are
amended
to
read
as
follows:
2.
The
division
may
,
after
notification
to
the
committee,
commence
proceedings
to
suspend,
revoke,
or
refuse
to
renew
a
license
of
a
licensee
for
repeated
or
willful
violation
of
any
of
the
provisions
of
this
chapter
or
of
the
federal
Coal
Mine
Health
and
Safety
Act
of
1969,
30
U.S.C.
§801
et
seq.
3.
The
hearing
shall
be
held
pursuant
to
chapter
17A
not
less
than
fifteen
nor
more
than
thirty
days
after
the
mailing
or
service
of
the
notice.
If
the
licensee
is
found
to
have
willfully
or
repeatedly
violated
any
of
the
provisions
of
this
chapter
or
of
the
federal
Coal
Mine
Health
and
Safety
Act
of
1969,
30
U.S.C.
§801
et
seq.,
the
committee
division
may
affirm
or
modify
the
proposed
suspension,
revocation,
or
refusal
to
renew
the
license.
4.
Suspension
or
revocation
of
a
license
shall
become
effective
thirty
days
after
the
mailing
or
service
of
the
decision
to
the
licensee.
If
the
committee
division
finds
the
license
should
not
be
renewed,
the
renewal
fee
shall
be
refunded
and
the
license
shall
expire
on
the
expiration
date
or
thirty
days
after
mailing
or
service
of
the
decision
to
the
Senate
File
2385,
p.
14
licensee,
whichever
is
later.
Sec.
30.
Section
207.9,
subsection
5,
Code
2024,
is
amended
to
read
as
follows:
5.
Within
sixty
days
a
person
having
an
interest
which
is
or
may
be
adversely
affected
may
appeal
to
the
committee
the
decision
of
the
division
granting
or
denying
a
permit
as
a
contested
case
under
chapter
17A
.
Sec.
31.
Section
207.14,
subsection
4,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
A
permittee
may
request
in
writing
an
appeal
to
the
committee
division
of
a
decision
made
in
a
hearing
under
subsection
3
within
thirty
days
of
the
decision.
The
committee
division
shall
review
the
record
made
in
the
contested
case
hearing,
and
may
hear
additional
evidence
upon
a
showing
of
good
cause
for
failure
to
present
the
evidence
in
the
hearing,
or
if
evidence
concerning
events
occurring
after
the
hearing
is
deemed
relevant
to
the
proceeding.
However,
the
committee
division
shall
not
review
a
decision
in
a
proceeding
if
the
division
seeks
to
collect
a
civil
penalty
pursuant
to
section
207.15
,
and
those
decisions
are
final
agency
actions
subject
to
direct
judicial
review
as
provided
in
chapter
17A
.
Sec.
32.
Section
207.14,
subsection
5,
Code
2024,
is
amended
to
read
as
follows:
5.
In
any
administrative
proceeding
under
this
chapter
or
judicial
review,
the
amount
of
all
reasonable
costs
and
expenses,
including
reasonable
attorney
fees
incurred
by
a
person
in
connection
with
the
person’s
participation
in
the
proceedings
or
judicial
review,
may
be
assessed
against
either
party
as
the
court
in
judicial
review
or
the
committee
division
in
administrative
proceedings
deems
proper.
Sec.
33.
Section
207.14,
subsection
7,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
A
permittee
issued
a
notice
or
order
under
this
section
or
any
person
having
an
interest
which
is
or
may
be
adversely
affected
by
the
notice
or
order
or
by
its
modification,
vacation,
or
termination
may
apply
to
the
committee
division
for
review
within
thirty
days
of
receipt
of
the
notice
or
order
or
within
thirty
days
of
its
modification,
vacation,
or
termination.
The
review
shall
be
treated
as
a
contested
case
Senate
File
2385,
p.
15
under
chapter
17A
.
Sec.
34.
Section
207.14,
subsection
7,
paragraph
c,
subparagraph
(2),
Code
2024,
is
amended
to
read
as
follows:
(2)
The
applicant
shows
that
there
is
substantial
likelihood
that
the
findings
of
the
committee
division
will
be
favorable
to
the
applicant.
Sec.
35.
Section
208.2,
subsection
3,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
36.
Section
208.8,
subsections
2,
4,
5,
and
6,
Code
2024,
are
amended
to
read
as
follows:
2.
The
division
shall,
by
certified
mail
or
personal
service,
serve
on
the
operator
notice
in
writing
of
the
charges
and
grounds
upon
which
the
license
is
to
be
suspended,
revoked,
or
will
not
be
issued.
The
notice
shall
include
the
time
and
the
place
at
which
a
hearing
shall
be
held
before
the
committee,
a
subcommittee
appointed
by
the
committee,
or
the
committee’s
designee,
division
to
determine
whether
to
suspend,
revoke,
or
refuse
to
issue
the
license.
The
hearing
shall
be
not
less
than
fifteen
nor
more
than
thirty
days
after
the
mailing
or
service
of
the
notice.
4.
If
after
full
investigation
and
hearing
the
operator
is
found
to
have
willfully
or
repeatedly
violated
any
of
the
provisions
of
this
chapter
,
the
committee
or
subcommittee
division
may
affirm
or
modify
the
proposed
suspension,
revocation,
or
refusal
to
issue
the
license.
5.
When
the
committee
or
subcommittee
division
finds
that
a
license
should
be
suspended
or
revoked
or
should
not
be
issued,
the
division
shall
so
notify
the
operator
in
writing
by
certified
mail
or
by
personal
service.
a.
The
suspension
or
revocation
of
a
license
shall
become
effective
thirty
days
after
notice
to
the
operator.
b.
If
the
license
or
renewal
fee
has
been
paid
and
the
committee
or
subcommittee
division
finds
that
the
license
should
not
be
issued,
then
the
license
shall
expire
thirty
days
after
notice
to
the
operator.
6.
An
action
by
the
committee
or
subcommittee
division
to
affirm
or
modify
the
proposed
suspension,
revocation,
or
refusal
to
issue
a
license
constitutes
a
final
agency
action
for
purposes
of
judicial
review
pursuant
to
section
208.11
and
Senate
File
2385,
p.
16
chapter
17A
.
Sec.
37.
Section
208.9,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
The
division
shall
automatically
invalidate
all
registrations
of
an
operator
who
fails
to
renew
the
operator’s
mining
license
within
a
time
period
set
by
the
division,
who
has
been
denied
license
renewal
by
the
committee
or
subcommittee
division
,
or
whose
license
has
been
suspended
or
revoked
by
the
committee
or
subcommittee
division
.
Sec.
38.
Section
208.11,
Code
2024,
is
amended
to
read
as
follows:
208.11
Judicial
review.
Judicial
review
of
the
action
of
the
committee
or
division
may
be
sought
in
accordance
with
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
.
Sec.
39.
Section
460.303,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
An
agricultural
drainage
well
water
quality
assistance
fund
is
created
in
the
state
treasury
under
the
control
of
the
division.
The
fund
is
composed
of
moneys
appropriated
by
the
general
assembly,
and
moneys
available
to
and
obtained
or
accepted
by
the
division
or
the
state
soil
conservation
and
water
quality
committee
established
in
section
161A.4
,
from
the
United
States
or
private
sources
for
placement
in
the
fund.
Sec.
40.
Section
461.11,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
When
making
decisions
regarding
the
expenditure
of
trust
fund
moneys
affecting
soil
and
water
conservation,
the
secretary
of
agriculture
shall
regularly
consult
with
the
soil
conservation
and
water
quality
committee
established
in
section
161A.4
161A.4A
.
When
making
decisions
regarding
the
expenditure
of
trust
fund
moneys
affecting
natural
resources
and
outdoor
recreation,
the
director
of
the
department
of
natural
resources
shall
regularly
consult
with
the
natural
resource
commission
established
pursuant
to
section
455A.5
.
When
making
decisions
regarding
the
expenditure
of
trust
fund
moneys
affecting
trails,
the
department
of
transportation
shall
consult
with
the
state
transportation
commission
as
provided
in
chapter
307A
.
Senate
File
2385,
p.
17
DIVISION
II
PROFESSIONAL
LAND
SURVEYORS
——
LICENSING
Sec.
41.
REPEAL.
Section
542B.20,
Code
2024,
is
repealed.
Sec.
42.
TRANSITION
PROVISIONS.
A
license
issued
pursuant
to
section
542B.20,
Code
2024,
prior
to
the
effective
date
of
this
division
of
this
Act
shall
continue
in
full
force
and
effect
until
expiration
or
until
suspension
or
revocation
by
the
engineering
and
land
surveying
examining
board
pursuant
to
section
542B.21.
DIVISION
III
ESTABLISHMENT
AND
REVIEW
OF
BOARDS,
COMMISSIONS,
COMMITTEES,
AND
COUNCILS
Sec.
43.
NEW
SECTION
.
4A.1
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Board”
means
any
board,
commission,
committee,
council,
panel,
review
team,
or
foundation
of
this
state.
2.
“Committee”
means
the
state
government
efficiency
review
committee
established
pursuant
to
this
chapter.
3.
“Nonhealth
profession”
means
a
profession
regulated
by
this
state
other
than
as
provided
in
Title
IV,
subtitle
3.
4.
“Regulated
health
profession”
means
a
profession
regulated
pursuant
to
Title
IV,
subtitle
3.
5.
“Unregulated
health
profession”
means
a
profession
pursuant
to
Title
IV,
subtitle
3,
that
is
not
regulated
by
any
entity
of
this
state.
6.
“Unregulated
nonhealth
profession”
means
a
profession
that
is
not
regulated
by
any
entity
of
this
state
and
is
not
an
unregulated
health
profession.
Sec.
44.
NEW
SECTION
.
4A.2
Committee
——
duties.
1.
The
committee
shall
carry
out
the
functions
provided
in
this
chapter.
2.
Administrative
assistance
shall
be
provided
by
the
legislative
services
agency.
Sec.
45.
NEW
SECTION
.
4A.3
Board
reviews.
1.
The
committee
shall
review
the
usefulness,
performance,
and
efficacy
of
each
board
as
provided
in
subsection
2.
After
completing
a
review,
the
committee
shall
prepare
and
publish
a
report
of
its
findings
and
recommendations
as
provided
in
Senate
File
2385,
p.
18
section
4A.4.
2.
The
committee
shall
establish
a
schedule
for
the
committee
to
review
each
board
such
that
the
committee
reviews
approximately
one-fourth
of
all
boards
each
calendar
year.
Each
board
shall
be
reviewed
once
between
the
calendar
years
2025
and
2029,
and
once
every
four
years
thereafter.
The
committee
may
modify
the
schedule
as
necessary
to
facilitate
the
efficient
administration
of
the
committee.
3.
A
board
that
is
scheduled
for
review
shall
submit
a
report
to
the
committee
thirty
days
prior
to
the
date
that
it
is
scheduled
for
review
that
includes
but
is
not
limited
to
all
of
the
following:
a.
The
board’s
primary
purpose
and
its
goals
and
objectives.
b.
The
board’s
past
and
anticipated
workload,
the
number
of
staff
required
to
complete
that
workload,
and
the
board’s
total
number
of
staff.
c.
The
board’s
past
and
anticipated
budgets
and
its
sources
of
funding.
d.
The
number
of
members
that
compose
the
governing
board
or
other
governing
entity
of
the
board
and
member
compensation,
if
any.
4.
A
board
subject
to
review
shall
bear
the
burden
of
demonstrating
to
the
committee
a
public
need
for
its
continued
existence.
In
determining
whether
a
board
has
met
that
burden,
the
committee
shall
consider
the
following,
as
applicable,
in
addition
to
any
other
information
deemed
relevant
by
the
committee:
a.
Whether
continuation
of
the
board
is
necessary
to
protect
the
health
or
safety
of
the
public,
and
if
so,
whether
the
board’s
authority
is
narrowly
tailored
to
protect
against
present,
recognizable,
and
significant
harms
to
the
health
or
safety
of
the
public.
b.
Whether
the
public
could
be
protected
or
served
in
an
alternate
or
less
restrictive
manner.
c.
Whether
rules
adopted
by
the
board
are
consistent
with
the
legislative
mandate
of
the
board
as
expressed
in
the
statutes
that
created
and
empowered
the
board.
d.
The
extent
to
which
the
board’s
jurisdiction
and
programs
overlap
or
duplicate
those
of
other
boards,
the
extent
to
which
Senate
File
2385,
p.
19
the
board
coordinates
with
those
other
boards,
and
the
extent
to
which
the
board’s
programs
could
be
consolidated
with
the
programs
of
other
state
departments
or
boards.
e.
The
number
of
other
states
that
regulate
the
occupation,
whether
a
license
is
required
to
engage
in
the
occupation
in
other
states,
whether
the
initial
licensing
and
license
renewal
requirements
for
the
occupation
are
substantially
equivalent
in
every
state,
and
the
amount
of
regulation
exercised
by
the
board
compared
to
the
regulation,
if
any,
in
other
states.
f.
Whether
the
board
recognizes
national
uniform
licensure
requirements
for
the
occupation.
g.
Whether
private
contractors
could
be
used,
in
an
effective
and
efficient
manner,
either
to
assist
the
board
in
the
performance
of
its
duties
or
to
perform
the
board’s
duties
in
place
of
the
board.
h.
The
cost-effectiveness
of
the
board
in
terms
of
the
number
of
employees,
services
rendered,
and
administrative
costs
incurred,
both
past
and
present.
i.
The
efficiency
with
which
formal
public
complaints
filed
with
the
board
have
been
processed
to
completion.
j.
Whether
the
purpose
for
which
the
board
was
created
has
been
fulfilled,
has
changed,
or
no
longer
exists.
k.
Whether
federal
law
requires
that
the
board
exist
in
some
form.
l.
Whether
the
requirement
for
an
occupational
license
is
consistent
with
the
principles
expressed
in
section
4A.4,
subsection
2,
serves
the
public
health
or
safety,
and
provides
the
least
restrictive
form
of
regulation
that
adequately
protects
the
public
health
or
safety.
m.
The
extent
to
which
licensing
ensures
that
practitioners
have
occupational
skill
sets
or
competencies
that
are
substantially
related
to
protecting
consumers
from
present,
significant,
and
substantiated
harms
that
threaten
the
public
health
or
safety,
and
the
impact
that
those
criteria
have
on
applicants
for
a
license,
particularly
those
with
moderate
or
low
incomes,
seeking
to
enter
the
occupation
or
profession.
n.
The
extent
to
which
the
requirement
for
the
occupational
license
stimulates
or
restricts
competition,
affects
consumer
choice,
and
affects
the
cost
of
services.
Senate
File
2385,
p.
20
Sec.
46.
NEW
SECTION
.
4A.4
Reports.
1.
After
completing
a
review
of
a
board
pursuant
to
section
4A.3,
the
committee
shall
prepare
and
submit
a
report
of
its
findings
and
recommendations
by
December
21
of
each
year.
A
report
may
include
findings
and
recommendations
for
more
than
one
board.
Copies
of
the
report
shall
be
submitted
to
the
president
of
the
senate,
the
speaker
of
the
house
of
representatives,
the
governor,
and
each
affected
board,
and
shall
be
made
publicly
available
on
the
internet
site
of
the
general
assembly.
The
committee
shall
present
its
recommendations
to
the
general
assembly.
2.
Recommendations
of
the
committee
shall
indicate
how
or
whether
implementation
of
the
recommendations
would
do
each
of
the
following:
a.
Improve
efficiency
in
the
management
of
state
government.
b.
Improve
services
rendered
to
citizens
of
the
state.
c.
Provide
for
the
least
restrictive
regulations
by
repealing
current
regulations
and
replacing
them
with
less
restrictive
regulations
that
adequately
protect
the
public.
d.
Improve
the
effectiveness
of
the
services
performed
by
the
boards
of
the
state.
e.
Avoid
duplication
of
effort
by
state
agencies
or
boards.
Sec.
47.
NEW
SECTION
.
4A.5
Boards
and
governmental
entities
——
dissolution.
1.
Except
as
provided
in
subsection
2,
a
board
established
by
an
Act
of
the
general
assembly
after
the
effective
date
of
this
division
of
this
Act
shall
dissolve
four
years
after
the
establishment
of
the
board,
unless
the
Act
establishing
the
board
expressly
states
an
alternative
dissolution
date.
2.
An
Act
of
the
general
assembly
establishing
a
board
for
the
exclusive
purpose
of
providing
advice
or
recommendations
after
the
effective
date
of
this
division
of
this
Act
shall
include
a
dissolution
date
of
the
board
not
more
than
two
years
after
the
establishment
of
the
board.
Sec.
48.
NEW
SECTION
.
4A.6
State
government
efficiency
review
committee
established.
1.
A
state
government
efficiency
review
committee
is
established
which
shall
meet
as
necessary
to
efficiently
review
all
boards
according
to
the
schedule
established
by
the
Senate
File
2385,
p.
21
committee
pursuant
to
section
4A.3.
2.
a.
The
committee
shall
consist
of
two
members
of
the
senate
appointed
by
the
majority
leader
of
the
senate,
one
member
of
the
senate
appointed
by
the
minority
leader
of
the
senate,
two
members
of
the
house
of
representatives
appointed
by
the
speaker
of
the
house
of
representatives,
one
member
of
the
house
of
representatives
appointed
by
the
minority
leader
of
the
house
of
representatives,
an
employee
of
the
office
of
the
governor
appointed
by
the
governor,
the
director
of
the
department
of
management
or
the
director’s
designee,
and
the
director
of
the
department
of
inspections,
appeals,
and
licensing,
or
the
director’s
designee.
b.
Members
shall
be
appointed
prior
to
January
31
of
the
first
regular
session
of
each
general
assembly
and
shall
serve
for
terms
ending
upon
the
convening
of
the
following
general
assembly
or
when
their
successors
are
appointed,
whichever
is
later.
A
vacancy
shall
be
filled
in
the
same
manner
as
the
original
appointment
and
shall
be
for
the
remainder
of
the
unexpired
term
of
the
vacancy.
c.
The
committee
shall
elect
a
chairperson
and
vice
chairperson.
3.
The
legislative
members
of
the
committee
shall
be
reimbursed
for
actual
and
necessary
expenses
incurred
in
the
performance
of
their
duties
and
shall
be
paid
a
per
diem
as
specified
in
section
2.10
for
each
day
in
which
they
engaged
in
the
performance
of
their
duties.
However,
per
diem
compensation
and
expenses
shall
not
be
paid
to
members
of
the
general
assembly
when
the
general
assembly
is
actually
in
session
at
the
seat
of
government.
Expenses
and
per
diem
shall
be
paid
from
moneys
appropriated
pursuant
to
section
2.12.
4.
Administrative
assistance
shall
be
provided
by
the
legislative
services
agency.
Sec.
49.
NEW
SECTION
.
4A.7
Regulation
of
unregulated
health
professions.
1.
An
unregulated
health
profession
shall
not
be
subject
to
regulation
by
any
entity
of
this
state
for
the
purpose
of
prohibiting
competition
but
may
be
subject
to
such
regulation
only
for
the
exclusive
purpose
of
protecting
the
public
health
or
safety.
All
proposed
legislation
to
create
a
board
or
Senate
File
2385,
p.
22
commission
to
regulate
an
unregulated
health
profession
shall
be
reviewed
by
the
general
assembly
to
determine
that
all
of
the
following
conditions
are
met:
a.
There
is
credible
evidence
that
the
unregulated
practice
of
the
unregulated
health
profession
will
clearly
harm
or
endanger
the
public
health
or
safety
and
the
potential
for
harm
is
easily
recognizable
and
not
remote.
b.
The
public
needs
and
can
reasonably
be
expected
to
benefit
from
an
assurance
of
initial
and
continuing
professional
ability.
2.
Prior
to
considering
proposed
legislation
to
create
a
board
or
commission
to
regulate
an
unregulated
health
profession
for
passage
to
the
floor
of
the
senate
or
the
house
of
representatives,
a
legislative
standing
committee
to
which
proposed
legislation
to
create
a
board
or
commission
to
regulate
an
unregulated
health
profession
has
been
referred
shall
consider
whether
the
conditions
in
subsection
1
have
been
met.
If
the
committee
finds
that
the
conditions
in
subsection
1
have
been
met,
the
committee
shall
consider
whether
the
legislation
is
the
least
restrictive
method
of
regulation,
that
adequately
protects
the
public,
to
address
the
specific
harm
or
danger
identified
in
this
subsection.
3.
The
legislative
standing
committee
shall
submit
its
findings
regarding
whether
the
proposed
legislation
meets
the
conditions
in
subsections
1
and
2
to
the
president
of
the
senate
or
the
speaker
of
the
house
of
representatives,
as
applicable,
who
shall
make
the
findings
available
to
each
member
of
the
general
assembly
on
the
internet
site
of
the
general
assembly.
4.
This
section
does
not
allow
a
person
to
practice
an
unregulated
health
profession
if
the
profession
includes
practices
within
the
scope
of
practice
of
an
existing
regulated
health
profession.
Sec.
50.
NEW
SECTION
.
4A.8
Proposed
regulation
of
unregulated
health
professions
——
written
reports.
1.
A
member
of
the
general
assembly
introducing
proposed
legislation
to
create
a
board
or
commission
to
regulate
an
unregulated
health
profession
shall
submit
with
the
legislation
a
report
addressing
the
requirements
contained
in
subsection
2.
Senate
File
2385,
p.
23
The
report
shall
be
submitted
to
the
president
of
the
senate
or
the
speaker
of
the
house
of
representatives,
as
applicable,
prior
to
full
consideration
of
the
legislation
by
the
senate
or
the
house
of
representatives
and
made
available
on
the
internet
site
of
the
general
assembly.
2.
The
report
must
address,
at
a
minimum,
all
of
the
following
and
identify
the
source
of
all
information
contained
in
the
report:
a.
Why
regulation
is
necessary,
including
the
nature
of
the
proven
harm
to
the
public
if
the
unregulated
health
profession
is
not
regulated
and
the
extent
to
which
there
is
a
threat
to
the
public
health
or
safety.
b.
The
efforts
made
to
address
the
problem
the
legislation
is
intended
to
solve.
c.
The
alternatives
considered,
including
all
of
the
following:
(1)
Regulation
of
business
employers
or
practitioners
rather
than
employee
practitioners.
(2)
Voluntary
efforts
to
regulate
the
profession.
(3)
Registration
of
all
practitioners.
(4)
Certification
of
all
practitioners.
(5)
If
licensing
is
sought,
why
licensing
would
serve
to
protect
the
public
health
or
safety.
d.
The
benefit
to
the
public
health
or
safety
if
regulation
is
granted,
including
all
of
the
following:
(1)
The
extent
to
which
the
incidence
of
specific
problems
present
in
the
unregulated
health
profession
can
reasonably
be
expected
to
be
reduced
by
regulation.
(2)
The
extent
to
which
qualified
practitioners
are
competent,
including
all
of
the
following:
(a)
The
nature
of
the
standards
proposed
for
registration,
certification,
or
licensure
as
compared
with
the
standards
in
other
jurisdictions.
(b)
Whether
the
proposed
regulatory
entity
would
be
authorized
to
enter
into
reciprocity
agreements
with
other
jurisdictions.
(c)
The
nature
and
duration
of
any
training
and
experience
required,
whether
applicants
will
be
required
to
pass
an
examination,
and
whether
there
will
be
alternative
methods
to
Senate
File
2385,
p.
24
enter
the
health
profession.
(3)
Assurances
to
the
public
that
practitioners
have
maintained
their
competence,
including
all
of
the
following:
(a)
Whether
a
registration,
certificate,
or
license
will
include
an
expiration
date.
(b)
Whether
the
renewal
of
a
registration,
certificate,
or
license
will
be
based
only
on
payment
of
a
fee
or
whether
renewal
will
involve
reexamination,
peer
review,
or
other
enforcement.
e.
The
maintenance
of
professional
standards,
including
all
of
the
following:
(1)
Whether
effective
quality
assurance
standards
exist
in
the
profession
such
as
legal
requirements
associated
with
specific
programs
that
define
or
enforce
standards
or
a
code
of
ethics.
(2)
How
the
proposed
legislation
will
ensure
quality,
including
whether
a
code
of
ethics
will
be
adopted
and
the
grounds
for
suspension
or
revocation
of
a
registration,
certificate,
or
license.
f.
A
description
of
the
group
proposed
for
regulation,
including
a
list
of
associations,
organizations,
and
other
professional
groups
representing
practitioners
in
this
state,
an
estimate
of
the
number
of
practitioners
in
each
professional
group,
and
whether
the
professional
groups
represent
different
levels
of
practice.
g.
The
expected
costs
of
regulation,
including
the
impact
of
costs
on
the
public
and
costs
imposed
on
this
state.
Sec.
51.
NEW
SECTION
.
4A.9
Regulation
of
unregulated
nonhealth
professions.
1.
An
unregulated
nonhealth
profession
shall
not
be
regulated
except
for
the
exclusive
purpose
of
protecting
the
public
health
or
safety.
All
proposed
legislation
to
create
a
board
or
commission
to
regulate
an
unregulated
nonhealth
profession
shall
be
reviewed
by
the
legislative
standing
committee
to
which
the
proposed
legislation
is
referred
to
ensure
that
all
of
the
following
requirements
are
met:
a.
The
unregulated
practice
of
the
nonhealth
profession
can
clearly
harm
the
public
health
or
safety.
b.
The
actual
or
anticipated
public
benefit
of
the
Senate
File
2385,
p.
25
regulation
clearly
exceeds
the
costs
imposed
by
the
regulation
on
consumers,
businesses,
and
individuals.
c.
The
public
cannot
be
effectively
protected
by
private
certification
or
other
alternatives.
2.
If
a
legislative
standing
committee
finds
that
the
proposed
legislation
satisfies
the
conditions
in
subsection
1,
the
committee
shall
examine
data
from
multiple
sources
and
shall
consider
evidence
of
actual
harm
to
the
public
related
to
the
unregulated
nonhealth
profession
being
considered
for
regulation.
The
evidence
may
include
industry
association
data;
federal,
state,
and
local
government
data;
business
reports;
complaints
to
law
enforcement,
relevant
state
agencies,
and
the
better
business
bureau;
and
data
from
agencies
in
other
states
with
and
without
similar
systems
of
regulation.
3.
If,
after
consideration
of
evidence
pursuant
to
subsection
2,
the
legislative
standing
committee
finds
that
it
is
necessary
to
create
a
board
or
commission
to
regulate
an
unregulated
nonhealth
profession,
the
committee
shall
review
the
proposed
legislation
to
determine
whether
it
is
the
least
restrictive
regulation
necessary
to
adequately
protect
the
public
and
whether
the
regulation
protects
a
discrete
interest
group
from
economic
competition.
4.
The
legislative
standing
committee
shall
submit
its
findings
regarding
whether
the
proposed
legislation
meets
the
requirements
of
subsections
1,
2,
and
3,
to
the
president
of
the
senate
or
the
speaker
of
the
house
of
representatives,
as
applicable,
who
shall
make
the
findings
available
to
each
member
of
the
general
assembly
on
the
internet
site
of
the
general
assembly.
5.
This
section
does
not
allow
a
person
to
practice
an
unregulated
nonhealth
profession
if
the
profession
includes
practices
within
the
scope
of
practice
of
an
existing
regulated
nonhealth
profession.
Sec.
52.
NEW
SECTION
.
4A.10
Proposed
regulation
of
unregulated
nonhealth
professions
——
written
reports.
1.
A
member
of
the
general
assembly
introducing
legislation
to
regulate
an
unregulated
nonhealth
profession
shall
submit
with
the
legislation
a
report
addressing
the
requirements
Senate
File
2385,
p.
26
contained
in
subsection
2.
The
report
shall
be
submitted
to
the
president
of
the
senate
or
the
speaker
of
the
house
of
representatives,
as
applicable,
prior
to
full
consideration
of
the
legislation
by
the
senate
or
the
house
of
representatives
and
made
available
on
the
internet
site
of
the
general
assembly.
2.
The
report
must
address
all
of
the
following
and
identify
the
source
of
all
information
contained
in
the
report:
a.
Why
regulation
is
necessary
including
what
particular
problem
regulation
would
address.
b.
The
alternatives
considered.
c.
The
benefit
to
the
public
health
or
safety
of
regulating
the
profession.
d.
The
extent
to
which
regulation
might
harm
the
public.
e.
The
maintenance
of
professional
standards,
including
all
of
the
following:
(1)
Whether
effective
quality
assurance
standards
exist
in
the
profession
such
as
legal
requirements
associated
with
specific
programs
that
define
or
enforce
standards
or
a
code
of
ethics.
(2)
How
the
proposed
legislation
will
assure
quality
including
the
extent
to
which
a
code
of
ethics
will
be
adopted
and
the
grounds
for
the
suspension
or
revocation
of
a
registration,
certificate,
or
license.
f.
A
description
of
the
profession
proposed
for
regulation,
including
a
list
of
associations,
organizations,
and
other
professional
groups
representing
practitioners
in
this
state,
an
estimate
of
the
number
of
practitioners
in
each
profession,
and
whether
the
professional
groups
represent
different
levels
of
practice.
g.
The
expected
costs
of
regulation,
including
the
impact
of
costs
on
the
public
and
costs
imposed
on
this
state.
Sec.
53.
REPEAL.
Sections
2.69
and
3.20,
Code
2024,
are
repealed.
Sec.
54.
CODE
EDITOR
DIRECTIVE
——
TRANSFERS.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
69.15
to
section
4A.11.
b.
Section
69.16
to
section
4A.12.
Senate
File
2385,
p.
27
c.
Section
69.16B
to
section
4A.13.
d.
Section
69.16C
to
section
4A.14.
e.
Section
69.16D
to
section
4A.15.
f.
Section
69.16E
to
section
4A.16.
g.
Section
69.17
to
section
4A.17.
2.
The
Code
editor
shall
correct
internal
references
in
the
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
enactment
of
this
section.
DIVISION
IV
PROFESSIONAL
BOARDS
Sec.
55.
Section
10A.503,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
Each
board
under
chapter
100C
,
103
,
103A
,
105
,
or
147
that
is
under
the
administrative
authority
of
the
department
shall
receive
administrative
and
clerical
staff
support
from
the
department
and
may
not
employ
its
own
support
staff
for
administrative
and
clerical
duties
.
The
executive
director
of
the
board
of
nursing,
board
of
medicine,
dental
board,
and
board
of
pharmacy
shall
be
appointed
pursuant
to
section
10A.504
.
Sec.
56.
Section
10A.504,
subsection
1,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
director
shall
appoint
and
supervise
a
full-time
an
executive
director
for
each
of
the
following
boards:
Sec.
57.
Section
103.4,
Code
2024,
is
amended
to
read
as
follows:
103.4
Executive
secretary
——
staff
and
duties
Support
staff
.
The
director
shall
appoint
an
executive
secretary
for
the
board
and
shall
hire
and
provide
staff
to
assist
the
board
in
administering
this
chapter
.
The
executive
secretary
shall
report
to
the
director
for
purposes
of
routine
board
administrative
functions,
and
shall
report
directly
to
the
board
for
purposes
of
execution
of
board
policy
such
as
application
of
licensing
criteria
and
processing
of
applications.
Sec.
58.
Section
103.34,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
Upon
receipt
of
a
notice
of
appeal
filed
pursuant
to
section
103.33
,
the
chairperson
or
executive
secretary
Senate
File
2385,
p.
28
administrative
staff
of
the
board
may
designate
a
hearing
officer
from
among
the
board
members
to
hear
the
appeal
or
may
set
the
matter
for
hearing
before
the
full
board
at
its
next
regular
meeting.
A
majority
of
the
board
shall
make
the
decision.
Sec.
59.
Section
147.80,
subsection
3,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
60.
Section
147.87,
Code
2024,
is
amended
to
read
as
follows:
147.87
Enforcement.
1.
A
board
shall
enforce
the
provisions
of
this
chapter
and
the
board’s
enabling
statute
and
for
that
purpose
may
request
the
department
of
inspections,
appeals,
and
licensing
to
make
necessary
investigations.
Every
licensee
and
member
of
a
board
shall
furnish
the
board
or
the
department
of
inspections,
appeals,
and
licensing
such
evidence
as
the
member
or
licensee
may
have
relative
to
any
alleged
violation
which
is
being
investigated.
2.
The
department
of
inspections,
appeals,
and
licensing
may
administratively
close
a
complaint
that
does
not
allege
a
violation
of
this
chapter,
the
board’s
enabling
statute,
or
a
rule
of
the
board.
Sec.
61.
Section
147.88,
Code
2024,
is
amended
to
read
as
follows:
147.88
Inspections
and
investigations.
The
department
of
inspections,
appeals,
and
licensing
may
perform
inspections
and
investigations
as
required
by
this
subtitle
,
except
inspections
and
investigations
for
the
board
of
medicine,
board
of
pharmacy,
board
of
nursing,
and
the
dental
board
.
The
department
of
inspections,
appeals,
and
licensing
shall
employ
personnel
related
to
the
inspection
and
investigative
functions.
Sec.
62.
Section
152.2,
Code
2024,
is
amended
to
read
as
follows:
152.2
Executive
director.
The
board
shall
retain
a
full-time
An
executive
director
,
who
shall
be
appointed
pursuant
to
section
10A.504
.
The
executive
director
shall
be
a
registered
nurse.
The
governor,
with
the
approval
of
the
executive
council
pursuant
to
section
Senate
File
2385,
p.
29
8A.413,
subsection
3
,
under
the
pay
plan
for
exempt
positions
in
the
executive
branch
of
government,
shall
set
the
salary
of
the
executive
director.
Sec.
63.
Section
152E.2,
Code
2024,
is
amended
to
read
as
follows:
152E.2
Compact
administrator.
The
executive
director
of
the
board
of
nursing,
as
provided
for
in
section
152.2
,
director
of
the
department
of
inspections,
appeals,
and
licensing,
or
the
director’s
designee,
shall
serve
as
the
compact
administrator
identified
in
article
VII,
paragraph
“b”
,
of
the
nurse
licensure
compact
contained
in
section
152E.1
and
as
the
compact
administrator
identified
in
article
VIII,
paragraph
“a”
,
of
the
advanced
practice
registered
nurse
compact
contained
in
section
152E.3
.
Sec.
64.
Section
153.36,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
Sections
147.44
,
147.48
,
147.49
,
147.53
,
and
147.55
,
and
sections
147.87
through
147.92
shall
not
apply
to
the
practice
of
dentistry.
Sec.
65.
Section
272C.6,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
Disciplinary
hearings
held
pursuant
to
this
chapter
shall
be
heard
by
the
board
sitting
as
the
hearing
panel,
or
by
an
administrative
law
judge,
or
by
a
panel
of
not
less
than
three
board
members
who
are
licensed
in
the
profession,
or
by
a
panel
of
not
less
than
three
members
appointed
pursuant
to
subsection
2
.
Notwithstanding
chapters
17A
and
21
a
disciplinary
hearing
shall
be
open
to
the
public
at
the
discretion
of
the
licensee.
Sec.
66.
REPEAL.
Sections
152.3
and
153.33B,
Code
2024,
are
repealed.
DIVISION
V
LICENSURE
STUDIES
Sec.
67.
LICENSURE
RENEWAL
CYCLES
STUDY.
The
department
of
inspections,
appeals,
and
licensing
shall
review
all
current
licensure
renewal
cycles
for
professional
and
occupational
licenses
issued
by
a
department,
board,
commission,
or
other
governmental
entity.
The
department
shall
submit
a
report,
including
proposed
recommendations
for
a
uniform
renewal
cycle
Senate
File
2385,
p.
30
for
all
professional
and
occupational
licenses,
to
the
governor
and
the
general
assembly
by
September
30,
2024.
Sec.
68.
LICENSURE
FEE
STUDY.
1.
The
department
of
inspections,
appeals,
and
licensing
shall
review
fees
imposed
by
a
department,
board,
commission,
or
other
governmental
entity
for
the
issuance
or
renewal
of
a
professional
or
occupational
license.
The
department
shall
evaluate
the
fees
based
on
the
licensure
fees
imposed
in
surrounding
states
and
the
operational
costs
of
the
licensing
functions
of
the
entity.
2.
The
department
shall
submit
a
report,
including
proposed
fees,
to
the
governor
and
the
general
assembly
by
September
30,
2024.
DIVISION
VI
ADVISORY
BODIES
Sec.
69.
Section
7E.3,
subsection
3,
Code
2024,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
3.
Advisory
bodies.
In
addition
to
any
boards,
commissions,
committees,
or
councils
specifically
created
by
law,
establish
and
utilize
other
ad
hoc
advisory
committees
as
determined
necessary
by
the
head
of
the
department
or
independent
agency.
The
department
or
independent
agency
shall
establish
appointment
provisions,
membership
terms,
operating
guidelines,
and
any
other
operational
requirements
for
committees
established
pursuant
to
this
subsection.
Members
of
committees
under
this
general
authority
shall
serve
without
compensation
but
may
be
reimbursed
for
actual
expenses.
Sec.
70.
Section
15.105,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
12.
The
authority
may
establish
and
utilize
such
ad
hoc
advisory
committees
as
determined
necessary
by
the
authority.
The
authority
shall
establish
appointment
provisions,
membership
terms,
operating
guidelines,
and
any
other
operational
requirements
for
committees
established
pursuant
to
this
subsection.
Members
of
committees
established
pursuant
to
this
subsection
shall
serve
without
compensation
but
may
be
reimbursed
for
actual
expenses.
Sec.
71.
NEW
SECTION
.
152.3A
Advisory
committees.
Senate
File
2385,
p.
31
The
board
may
establish
and
utilize
such
ad
hoc
advisory
committees
as
determined
necessary
by
the
board.
The
board
shall
establish
appointment
provisions,
membership
terms,
operating
guidelines,
and
any
other
operational
requirements
for
committees
established
pursuant
to
this
section.
Members
of
committees
established
pursuant
to
this
section
shall
serve
without
compensation
but
may
be
reimbursed
for
actual
expenses.
Sec.
72.
Section
153.33,
subsection
1,
Code
2024,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
f.
To
establish
and
utilize
such
ad
hoc
advisory
committees
as
determined
necessary
by
the
board,
including
an
advisory
committee
on
the
practice
of
dental
hygiene.
The
board
shall
establish
appointment
provisions,
membership
terms,
operating
guidelines,
and
any
other
operational
requirements
for
committees
established
pursuant
to
this
paragraph.
Members
of
committees
established
pursuant
to
this
paragraph
shall
serve
without
compensation
but
may
be
reimbursed
for
actual
expenses.
Sec.
73.
Section
256.7,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
35.
Establish
and
utilize
such
ad
hoc
advisory
committees
as
determined
necessary
by
the
state
board.
The
state
board
shall
establish
appointment
provisions,
membership
terms,
operating
guidelines,
and
any
other
operational
requirements
for
committees
established
pursuant
to
this
subsection.
Members
of
committees
established
pursuant
to
this
subsection
shall
serve
without
compensation
but
may
be
reimbursed
for
actual
expenses.
Sec.
74.
Section
307A.2,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
7.
Establish
and
utilize
such
ad
hoc
advisory
committees
as
determined
necessary
by
the
commission.
The
commission
shall
establish
appointment
provisions,
membership
terms,
operating
guidelines,
and
any
other
operational
requirements
for
committees
established
pursuant
to
this
subsection.
Members
of
committees
established
pursuant
to
this
subsection
shall
serve
without
compensation
but
may
be
reimbursed
for
actual
expenses.
Sec.
75.
Section
455A.5,
subsection
6,
Code
2024,
is
amended
Senate
File
2385,
p.
32
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
g.
Establish
and
utilize
such
ad
hoc
advisory
committees
as
determined
necessary
by
the
commission.
The
commission
shall
establish
appointment
provisions,
membership
terms,
operating
guidelines,
and
any
other
operational
requirements
for
committees
established
pursuant
to
this
paragraph.
Members
of
committees
established
pursuant
to
this
paragraph
shall
serve
without
compensation
but
may
be
reimbursed
for
actual
expenses.
Sec.
76.
Section
455A.6,
subsection
6,
Code
2024,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
e.
Establish
and
utilize
such
ad
hoc
advisory
committees
as
determined
necessary
by
the
commission.
The
commission
shall
establish
appointment
provisions,
membership
terms,
operating
guidelines,
and
any
other
operational
requirements
for
committees
established
pursuant
to
this
paragraph.
Members
of
committees
established
pursuant
to
this
paragraph
shall
serve
without
compensation
but
may
be
reimbursed
for
actual
expenses.
Sec.
77.
Section
904.105,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
9A.
Establish
and
utilize
such
ad
hoc
advisory
committees
as
determined
necessary
by
the
board.
The
board
shall
establish
appointment
provisions,
membership
terms,
operating
guidelines,
and
any
other
operational
requirements
for
committees
established
pursuant
to
this
subsection.
Members
of
committees
established
pursuant
to
this
subsection
shall
serve
without
compensation
but
may
be
reimbursed
for
actual
expenses.
DIVISION
VII
ELECTRONIC
MEETINGS
Sec.
78.
Section
21.8,
subsection
1,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
A
governmental
body
may
conduct
a
meeting
by
electronic
means
only
in
circumstances
where
such
a
meeting
in
person
is
impossible
or
impractical
and
only
if
the
governmental
body
complies
shall
provide
for
hybrid
meetings,
teleconference
participation,
virtual
meetings,
remote
participation,
and
other
hybrid
options
for
the
members
of
the
governmental
body
Senate
File
2385,
p.
33
to
participate
in
official
meetings.
A
governmental
body
conducting
a
meeting
pursuant
to
this
subsection
shall
comply
with
all
of
the
following:
Sec.
79.
Section
21.8,
subsection
1,
paragraph
c,
Code
2024,
is
amended
to
read
as
follows:
c.
Minutes
are
kept
of
the
meeting.
The
minutes
shall
include
a
statement
explaining
why
a
meeting
in
person
was
impossible
or
impractical.
Sec.
80.
Section
21.8,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
For
the
purposes
of
this
section:
a.
“Hybrid
meeting”
means
a
meeting
involving
both
remote
participation
and
in-person
participation
by
members.
b.
“Remote
participation”
means
real-time
participation
by
a
remotely
located
individual
in
a
meeting
which
is
being
held
in
a
different
physical
location
using
integrated
audio,
video,
and
other
digital
tools.
c.
“Teleconference
participation”
means
participation
using
audio
conference
tools
involving
multiple
participants
in
at
least
two
separate
locations.
d.
“Virtual
meeting”
means
a
meeting
involving
real-time
interaction
using
integrated
audio,
video,
and
other
digital
tools,
in
which
participants
do
not
share
a
physical
location.
DIVISION
VIII
MEETINGS
——
GENERAL
Sec.
81.
Section
5.3,
Code
2024,
is
amended
to
read
as
follows:
5.3
Organization.
The
commissioners
shall
meet
at
the
state
capitol
at
least
once
in
two
years
as
necessary
and
shall
organize
by
the
election
of
one
of
their
number
as
chairperson
and
another
as
secretary,
who
shall
hold
their
respective
offices
for
a
term
of
two
years
and
until
their
successors
are
elected
and
qualified.
Sec.
82.
Section
8A.606,
Code
2024,
is
amended
to
read
as
follows:
8A.606
Meetings.
The
commission
shall
have
its
offices
at
the
seat
of
government
but
may
hold
meetings
in
other
locations.
The
Senate
File
2385,
p.
34
commission
shall
meet
quarterly
and
at
the
call
of
the
chairperson.
Sec.
83.
Section
8A.616,
subsection
4,
Code
2024,
is
amended
to
read
as
follows:
4.
Meetings.
The
board
shall
meet
at
least
three
times
annually
and
at
the
call
of
the
chair.
At
least
one
meeting
annually
shall
be
held
outside
the
state
capital
or
in
conjunction
with
a
meeting
of
a
relevant
statewide
professional
organization.
Sec.
84.
Section
10A.601,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
The
members
of
the
appeal
board
shall
select
a
chairperson
and
vice
chairperson
from
their
membership.
The
appeal
board
shall
meet
at
least
once
per
month
but
may
meet
as
often
as
necessary.
Meetings
shall
be
set
by
a
majority
of
the
appeal
board
or
upon
the
call
of
the
chairperson,
or
in
the
chairperson’s
absence,
upon
the
call
of
the
vice
chairperson.
The
employment
appeal
board,
subject
to
the
approval
of
the
director,
may
appoint
personnel
necessary
for
carrying
out
its
functions
and
duties.
Sec.
85.
Section
13A.5,
Code
2024,
is
amended
to
read
as
follows:
13A.5
Meetings.
The
council
shall
meet
at
least
four
times
each
year
and
shall
hold
meetings
when
called
by
the
chairperson,
or
in
the
absence
of
the
chairperson,
by
the
vice
chairperson
or
when
called
by
the
chairperson
upon
the
written
request
of
three
members
of
the
council.
The
council
shall
establish
its
own
procedures
and
requirements
with
respect
to
quorum,
place
,
and
conduct
of
its
meetings
and
other
matters.
Sec.
86.
Section
23.3,
subsection
7,
Code
2024,
is
amended
to
read
as
follows:
7.
The
board
shall
meet
at
least
quarterly
and
at
the
call
of
the
chairperson.
Sec.
87.
Section
24.26,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
The
annual
meeting
of
the
state
board
shall
be
held
on
the
second
Tuesday
of
January
in
each
year
meet
as
necessary
.
At
each
annual
meeting
the
The
state
board
shall
organize
by
Senate
File
2385,
p.
35
the
election
from
its
members
of
a
chairperson
and
a
vice
chairperson;
and
by
appointing
a
secretary.
Two
members
of
the
state
board
constitute
a
quorum
for
the
transaction
of
any
business.
Sec.
88.
Section
47.8,
subsection
1,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
A
state
voter
registration
commission
is
established
which
shall
meet
at
least
quarterly
as
necessary
to
make
and
review
policy,
adopt
rules,
and
establish
procedures
to
be
followed
by
the
registrar
in
discharging
the
duties
of
that
office,
and
to
promote
interagency
cooperation
and
planning.
Sec.
89.
Section
80B.9,
Code
2024,
is
amended
to
read
as
follows:
80B.9
Meetings.
The
council
shall
meet
at
least
four
times
each
year
and
shall
hold
special
meetings
when
called
by
the
chairperson
or,
in
the
absence
of
the
chairperson,
by
the
vice
chairperson,
or
by
the
chairperson
upon
written
request
of
five
members
of
the
council.
The
council
shall
establish
procedures
and
requirements
with
respect
to
quorum,
place,
and
conduct
of
meetings.
Sec.
90.
Section
99D.6,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
commission
shall
have
its
headquarters
in
the
city
of
Des
Moines
and
shall
meet
in
July
of
each
year
and
at
other
such
times
and
places
as
it
finds
necessary
for
the
discharge
of
its
duties.
The
commission
shall
elect
in
July
of
each
year
one
of
its
members
as
chairperson
for
the
succeeding
year.
Sec.
91.
Section
99G.8,
subsection
11,
Code
2024,
is
amended
to
read
as
follows:
11.
The
board
shall
meet
at
least
quarterly
and
at
such
other
times
upon
call
of
the
chairperson
or
the
chief
executive
officer.
Notice
of
the
time
and
place
of
each
board
meeting
shall
be
given
to
each
member.
The
board
shall
also
meet
upon
call
of
three
or
more
of
the
board
members.
The
board
shall
keep
accurate
and
complete
records
of
all
its
meetings.
Sec.
92.
Section
103.2,
subsection
3,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
The
board
shall
hold
at
least
one
meeting
quarterly
at
Senate
File
2385,
p.
36
the
location
of
the
board’s
principal
office,
and
meetings
Meetings
shall
be
called
at
other
times
as
needed
by
the
chairperson
or
four
members
of
the
board.
At
any
meeting
of
the
board,
a
majority
of
members
constitutes
a
quorum.
Sec.
93.
Section
103.34,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
Upon
receipt
of
a
notice
of
appeal
filed
pursuant
to
section
103.33
,
the
chairperson
or
executive
secretary
of
the
board
may
designate
a
hearing
officer
from
among
the
board
members
to
hear
the
appeal
or
may
set
the
matter
for
hearing
before
the
full
board
at
its
next
regular
scheduled
meeting.
A
majority
of
the
board
shall
make
the
decision.
Sec.
94.
Section
123.6,
Code
2024,
is
amended
to
read
as
follows:
123.6
Commission
meetings.
The
commission
shall
meet
on
or
before
July
1
of
each
year
for
the
purpose
of
selecting
one
of
its
members
as
chairperson
for
the
succeeding
year.
The
commission
shall
otherwise
meet
quarterly
or
at
the
call
of
the
chairperson
or
director
or
when
three
members
file
a
written
request
for
a
meeting.
Written
notice
of
the
time
and
place
of
each
meeting
shall
be
given
to
each
member
of
the
commission.
A
majority
of
the
commission
members
shall
constitute
a
quorum.
Sec.
95.
Section
124E.5,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
The
medical
cannabidiol
board
shall
convene
at
least
twice
per
year
as
necessary
.
Sec.
96.
Section
169.5,
subsections
3
and
4,
Code
2024,
are
amended
to
read
as
follows:
3.
The
board
shall
meet
at
least
once
each
year
as
determined
by
the
board.
Other
necessary
Necessary
meetings
may
be
called
by
the
president
of
the
board
by
giving
proper
notice.
Except
as
provided,
a
majority
of
the
board
constitutes
a
quorum.
Meetings
shall
be
open
and
public
except
that
the
board
may
meet
in
closed
session
to
prepare,
approve,
administer,
or
grade
examinations,
or
to
deliberate
the
qualifications
of
an
applicant
for
license
or
the
disposition
of
a
proceeding
to
discipline
a
licensed
veterinarian.
4.
At
its
annual
meeting,
the
The
board
shall
organize
Senate
File
2385,
p.
37
by
electing
a
president
and
such
other
officers
as
may
be
necessary.
Officers
of
the
board
serve
for
terms
of
one
year
and
until
a
successor
is
elected,
without
limitation
on
the
number
of
terms
an
officer
may
serve.
The
president
shall
serve
as
chairperson
of
board
meetings.
The
person
designated
as
the
state
veterinarian
shall
serve
as
secretary
of
the
board.
Sec.
97.
Section
182.13,
Code
2024,
is
amended
to
read
as
follows:
182.13
Compensation
——
meetings.
Members
of
the
board
may
receive
payment
for
their
actual
expenses
and
travel
in
performing
official
board
functions.
Payment
shall
be
made
from
amounts
collected
from
the
assessment.
No
member
of
the
board
shall
be
a
salaried
employee
of
the
board
or
any
organization
or
agency
receiving
funds
from
the
board.
The
board
shall
meet
at
least
once
every
three
months,
and
at
other
such
times
as
it
deems
necessary.
Sec.
98.
Section
184.7,
subsection
4,
Code
2024,
is
amended
to
read
as
follows:
4.
The
council
shall
meet
at
least
once
every
three
months
and
at
other
such
times
as
the
council
determines
are
necessary.
Sec.
99.
Section
185.14,
Code
2024,
is
amended
to
read
as
follows:
185.14
Compensation
——
meetings.
Each
director
of
the
board
shall
receive
a
per
diem
of
one
hundred
dollars
and
actual
expenses
in
performing
official
board
functions,
notwithstanding
section
7E.6
.
A
director
of
the
board
shall
not
be
a
salaried
employee
of
the
board
or
any
organization
or
agency
which
is
receiving
moneys
from
the
board.
The
board
shall
meet
at
least
four
times
each
year
as
necessary
.
Sec.
100.
Section
185C.14,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
The
board
shall
meet
at
least
three
times
each
year,
and
at
such
other
times
as
deemed
necessary
by
the
board.
Sec.
101.
Section
186.1,
Code
2024,
is
amended
to
read
as
follows:
186.1
Meetings
and
organization
of
society.
Senate
File
2385,
p.
38
The
Iowa
state
horticulture
society
shall
hold
meetings
each
year,
at
times
as
it
may
fix,
as
necessary
for
the
transaction
of
business.
The
officers
and
board
of
directors
of
the
society
shall
be
chosen
as
provided
for
in
the
constitution
of
the
society,
for
the
period
and
in
the
manner
prescribed
therein,
but
the
secretary
of
agriculture
or
the
secretary’s
designee
shall
be
a
member
of
the
board
of
directors
and
of
the
executive
committee.
Any
vacancy
in
the
offices
filled
by
the
society
may
be
filled
by
the
executive
committee
for
the
unexpired
portion
of
the
term.
Sec.
102.
Section
217.4,
Code
2024,
is
amended
to
read
as
follows:
217.4
Meetings
of
council.
The
council
shall
meet
at
least
monthly.
Additional
meetings
Meetings
shall
be
called
by
the
chairperson
or
upon
written
request
of
any
three
council
members
as
necessary
to
carry
out
the
duties
of
the
council.
The
chairperson
shall
preside
at
all
meetings
or
in
the
absence
of
the
chairperson
the
vice
chairperson
shall
preside.
The
members
of
the
council
shall
be
paid
a
per
diem
as
specified
in
section
7E.6
and
their
reasonable
and
necessary
expenses.
Sec.
103.
Section
237.16,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
The
members
of
the
state
board
shall
annually
select
a
chairperson,
vice
chairperson,
and
other
officers
the
members
deem
necessary.
The
members
may
be
entitled
to
receive
reimbursement
for
actual
and
necessary
expenses
incurred
in
the
performance
of
their
duties,
subject
to
available
funding.
Each
member
of
the
board
may
also
be
eligible
to
receive
compensation
as
provided
in
section
7E.6
.
The
state
board
shall
meet
at
least
twice
a
year
as
necessary
.
Sec.
104.
Section
256.32,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
The
duties
of
the
council
are
to
review,
develop,
and
recommend
standards
for
secondary
and
postsecondary
agricultural
education.
The
council
shall
annually
issue
a
report
to
the
state
board
of
education
and
the
chairpersons
of
the
house
and
senate
agriculture
and
education
committees
regarding
both
short-term
and
long-term
curricular
standards
Senate
File
2385,
p.
39
for
agricultural
education
and
the
council’s
activities.
The
council
shall
meet
a
minimum
of
twice
annually
as
necessary
,
and
must
have
a
quorum
consisting
of
a
majority
of
voting
members
present
to
hold
an
official
meeting
and
to
take
any
final
council
action.
However,
hearings
may
be
held
without
a
quorum.
The
chairperson
shall
be
elected
annually
by
and
from
the
voting
membership.
The
initial
organizational
meeting
shall
be
called
by
the
director
of
the
department
of
education.
Sec.
105.
Section
256.83,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
board
shall
elect
from
among
its
members
a
president
and
a
vice
president
to
serve
a
one-year
term.
The
board
shall
meet
at
least
four
times
annually
and
shall
hold
special
meetings
at
the
call
of
the
president
or
in
the
absence
of
the
president
by
the
vice
president
or
by
the
president
upon
written
request
of
four
members.
The
board
shall
establish
procedures
and
requirements
relating
to
quorum,
place,
and
conduct
of
meetings.
Sec.
106.
Section
256I.3,
subsection
4,
Code
2024,
is
amended
to
read
as
follows:
4.
The
state
board
shall
elect
a
chairperson
from
among
the
citizen
members
and
may
select
other
officers
from
the
voting
members
as
determined
to
be
necessary
by
the
board.
The
board
shall
meet
regularly
as
determined
by
the
board,
upon
the
call
of
the
board’s
chairperson,
or
upon
the
call
of
a
majority
of
voting
members.
The
board
shall
meet
at
least
quarterly.
Sec.
107.
Section
262.8,
Code
2024,
is
amended
to
read
as
follows:
262.8
Meetings.
The
board
shall
meet
four
times
a
year.
Special
meetings
Meetings
may
be
called
by
the
board,
by
the
president
of
the
board,
or
by
the
executive
director
of
the
board
upon
written
request
of
any
five
members
thereof.
Sec.
108.
Section
267.5,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
Hold
a
meeting
twice
each
year
Meet
as
necessary
at
Iowa
state
university
of
science
and
technology.
The
council
shall
meet
with
the
faculty
of
the
college
of
veterinary
medicine.
The
council
may
hold
other
such
meetings
as
the
council
may
Senate
File
2385,
p.
40
determine
necessary,
or
as
required
by
section
267.6
.
An
action
taken
by
the
council
shall
not
be
valid
unless
agreed
to
by
a
majority
of
the
council
members.
Sec.
109.
Section
455A.5,
subsection
4,
Code
2024,
is
amended
to
read
as
follows:
4.
The
commission
shall
hold
an
organizational
meeting
within
thirty
days
of
the
beginning
of
a
new
regular
term
for
one
or
more
of
its
members.
The
commission
shall
organize
by
electing
a
chairperson,
vice
chairperson,
secretary,
and
any
other
officers
deemed
necessary
or
desirable.
The
commission
shall
also
meet
at
least
quarterly
throughout
the
year
as
necessary
.
Sec.
110.
Section
455A.6,
subsection
4,
Code
2024,
is
amended
to
read
as
follows:
4.
The
commission
shall
hold
an
organizational
meeting
within
thirty
days
of
the
beginning
of
a
new
regular
term
for
one
or
more
of
its
members.
The
commission
shall
organize
by
electing
a
chairperson,
vice
chairperson,
secretary,
and
any
other
officers
deemed
necessary
or
desirable.
The
commission
shall
also
meet
at
least
quarterly
throughout
the
year
as
necessary
.
Sec.
111.
Section
465C.5,
Code
2024,
is
amended
to
read
as
follows:
465C.5
Organization.
The
board
shall
organize
annually
by
the
election
of
a
chairperson.
The
board
shall
meet
annually
and
at
such
other
times
as
it
deems
necessary.
Meetings
may
be
called
by
the
chairperson,
and
shall
be
called
by
the
chairperson
on
the
request
of
three
members
of
the
board.
Sec.
112.
Section
466B.3,
subsection
5,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
The
council
shall
be
convened
by
the
secretary
of
agriculture
at
least
quarterly
as
necessary
.
Sec.
113.
Section
481A.10A,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
The
committee
shall
meet
with
a
representative
of
the
department
of
natural
resources
on
a
semiannual
basis
as
necessary
.
The
committee
shall
serve
without
compensation
or
reimbursement
for
expenses.
Senate
File
2385,
p.
41
Sec.
114.
Section
524.205,
subsection
5,
Code
2024,
is
amended
to
read
as
follows:
5.
The
state
banking
council
shall
meet
at
least
once
each
calendar
quarter
on
such
date
and
at
such
place
as
the
council
may
decide,
and
shall
meet
at
such
other
times
as
may
be
deemed
necessary
by
the
superintendent
or
a
majority
of
the
council
members.
Sec.
115.
Section
533.107,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
The
review
board
shall
meet
at
least
four
times
each
year
and
shall
hold
special
meetings
at
the
call
of
the
chairperson.
Four
members
constitute
a
quorum.
Sec.
116.
Section
542B.9,
Code
2024,
is
amended
to
read
as
follows:
542B.9
Organization
of
the
board
——
staff.
The
board
shall
elect
annually
from
its
members
a
chairperson
and
a
vice
chairperson.
The
director
of
the
department
of
inspections,
appeals,
and
licensing
shall
hire
and
provide
staff
to
assist
the
board
in
implementing
this
chapter
.
The
board
shall
hold
at
least
one
meeting
at
the
location
of
the
board’s
principal
office,
and
meetings
Meetings
shall
be
called
at
other
times
by
the
director
or
the
director’s
designee
at
the
request
of
the
chairperson
or
four
members
of
the
board.
At
any
meeting
of
the
board,
a
majority
of
members
constitutes
a
quorum.
Sec.
117.
Section
543B.50,
Code
2024,
is
amended
to
read
as
follows:
543B.50
Meetings.
The
real
estate
commission
shall
hold
at
least
one
meeting
per
year
meet
as
necessary
at
the
location
of
the
commission’s
principal
office
and
shall
elect
a
chairperson
annually.
A
majority
of
the
members
of
the
commission
shall
constitute
a
quorum.
Sec.
118.
Section
543D.4,
subsection
7,
Code
2024,
is
amended
to
read
as
follows:
7.
The
board
shall
meet
at
least
once
each
calendar
quarter
as
necessary
to
conduct
its
business.
Sec.
119.
Section
904.106,
Code
2024,
is
amended
to
read
as
follows:
Senate
File
2385,
p.
42
904.106
Meetings
——
expenses.
The
board
shall
meet
at
least
quarterly
throughout
the
year.
Special
meetings
Meetings
may
be
called
by
the
chairperson
or
upon
written
request
of
any
three
members
of
the
board.
The
chairperson
shall
preside
at
all
meetings
or
in
the
chairperson’s
absence,
the
vice
chairperson
shall
preside.
The
members
of
the
board
shall
be
paid
their
actual
expenses
while
attending
the
meetings.
Each
member
of
the
board
may
also
be
able
to
receive
compensation
as
provided
in
section
7E.6
.
Sec.
120.
Section
905.3,
subsection
1,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
The
district
advisory
board
shall
meet
not
more
often
than
quarterly
during
the
calendar
year
as
necessary
.
DIVISION
IX
REORGANIZATION
Sec.
121.
Section
7E.5,
subsection
2,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
There
is
a
civil
rights
commission,
a
public
employment
relations
board,
an
interstate
cooperation
commission,
an
Iowa
ethics
and
campaign
disclosure
board,
an
Iowa
utilities
board,
and
an
Iowa
law
enforcement
academy.
Sec.
122.
Section
8A.201,
subsection
3,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
Materials
excluded
from
this
definition
by
the
commission
through
the
adoption
and
enforcement
of
rules
rule
.
Sec.
123.
Section
8A.203,
subsections
3
and
4,
Code
2024,
are
amended
to
read
as
follows:
3.
The
commission
shall
adopt
provide
advice
and
recommendations
on
the
adoption
of
rules
under
chapter
17A
by
the
department
for
carrying
out
the
responsibilities
of
the
department
as
it
relates
to
library
services
duties
of
the
department.
4.
Advise
The
commission
shall
advise
the
department
and
the
state
librarian
concerning
the
library
services
duties
of
the
department.
Sec.
124.
Section
8A.206,
subsection
2,
paragraphs
a
and
d,
Code
2024,
are
amended
to
read
as
follows:
a.
Operate
the
law
library
which
shall
be
maintained
in
the
state
capitol
or
in
rooms
convenient
to
the
state
supreme
court
Senate
File
2385,
p.
43
and
which
shall
be
available
for
free
use
by
the
residents
of
Iowa
under
rules
the
commission
department
adopts.
d.
Perform
other
duties
imposed
by
law
or
by
the
rules
of
the
commission
department
.
Sec.
125.
Section
8A.207,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
Manage
the
state
data
center
program
to
make
United
States
census
data
available
to
the
residents
of
Iowa
under
rules
the
commission
department
adopts.
Sec.
126.
Section
8A.209,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
An
enrich
Iowa
program
is
established
in
the
department
to
provide
direct
state
assistance
to
public
libraries,
to
support
the
open
access
and
access
plus
programs,
to
provide
public
libraries
with
an
incentive
to
improve
library
services
that
are
in
compliance
with
performance
measures,
and
to
reduce
inequities
among
communities
in
the
delivery
of
library
services
based
on
performance
measures
adopted
by
rule
by
the
commission
department
.
The
commission
department
shall
adopt
rules
governing
the
allocation
of
funds
moneys
appropriated
by
the
general
assembly
for
purposes
of
this
section
to
provide
direct
state
assistance
to
eligible
public
libraries.
A
public
library
is
eligible
for
funds
moneys
under
this
subchapter
if
it
is
in
compliance
with
the
commission’s
department’s
performance
measures.
Sec.
127.
Section
8A.412,
subsection
11,
Code
2024,
is
amended
to
read
as
follows:
11.
Professional
employees
under
the
supervision
of
the
attorney
general,
the
state
public
defender,
the
secretary
of
state,
the
auditor
of
state,
and
the
treasurer
of
state
,
and
the
public
employment
relations
board
.
Sec.
128.
Section
8A.415,
subsection
1,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
If
not
satisfied,
the
employee
may,
within
thirty
calendar
days
following
the
director’s
response,
file
an
appeal
with
the
public
employment
relations
appeal
board.
The
hearing
shall
be
conducted
in
accordance
with
the
rules
of
the
public
employment
relations
appeal
board
and
the
Iowa
administrative
procedure
Act,
chapter
17A
.
Decisions
rendered
shall
be
based
Senate
File
2385,
p.
44
upon
a
standard
of
substantial
compliance
with
this
subchapter
and
the
rules
of
the
department.
Decisions
by
the
public
employment
relations
appeal
board
constitute
final
agency
action.
Sec.
129.
Section
8A.415,
subsection
2,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
If
not
satisfied,
the
employee
may,
within
thirty
calendar
days
following
the
director’s
response,
file
an
appeal
with
the
public
employment
relations
appeal
board.
The
employee
has
the
right
to
a
hearing
closed
to
the
public,
unless
a
public
hearing
is
requested
by
the
employee.
The
hearing
shall
otherwise
be
conducted
in
accordance
with
the
rules
of
the
public
employment
relations
appeal
board
and
the
Iowa
administrative
procedure
Act,
chapter
17A
.
If
the
public
employment
relations
appeal
board
finds
that
the
action
taken
by
the
appointing
authority
was
for
political,
religious,
racial,
national
origin,
sex,
age,
or
other
reasons
not
constituting
just
cause,
the
employee
may
be
reinstated
without
loss
of
pay
or
benefits
for
the
elapsed
period,
or
the
public
employment
relations
appeal
board
may
provide
other
appropriate
remedies.
Decisions
by
the
public
employment
relations
appeal
board
constitute
final
agency
action.
Sec.
130.
Section
8A.703,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
A
state
historical
society
board
of
trustees
is
established
consisting
of
twelve
seven
members
selected
as
follows:
a.
Three
Two
members
shall
be
elected
by
the
members
of
the
state
historical
society
according
to
rules
established
by
the
board
of
trustees.
b.
The
governor
shall
appoint
one
member
from
each
of
the
state’s
congressional
districts
established
under
section
40.1
.
c.
b.
The
governor
shall
appoint
five
members
from
the
state
at
large,
considering
but
not
requiring
geographical
diversity,
at
least
two
one
of
whom
shall
be
on
the
faculty
of
a
college
or
university
in
the
state
engaged
in
a
discipline
related
to
the
activities
of
the
historical
society.
Sec.
131.
Section
8A.707,
subsection
1,
Code
2024,
is
amended
by
adding
the
following
new
paragraphs:
Senate
File
2385,
p.
45
NEW
PARAGRAPH
.
f.
Serve
as
the
central
advisory
body
for
historical
records
planning
in
the
state
and
as
a
coordinating
body
to
facilitate
cooperation
among
historical
records
repositories
and
other
information
agencies
within
the
state.
NEW
PARAGRAPH
.
g.
Serve
as
a
state
level
review
body
for
grant
proposals
submitted
to
the
national
historical
publications
and
records
commission.
Sec.
132.
Section
8A.707,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
The
state
historical
society
board
of
trustees
may:
a.
Serve
in
an
advisory
capacity
to
the
state
records
commission,
the
state
archives
and
records
program,
and
other
statewide
archival
or
records
agencies.
b.
Seek
moneys
from
the
national
historical
publications
and
records
commission
or
other
grant-funding
bodies
for
sponsoring
and
publishing
surveys
of
the
conditions
and
needs
of
historical
records
in
the
state;
for
developing,
revising,
and
distributing
funding
priorities
for
historical
records
projects
in
Iowa;
for
implementing
projects
to
be
carried
out
in
the
state
for
the
preservation
of
historical
records
and
publications;
or
for
reviewing,
through
reports
and
otherwise,
the
operation
and
progress
of
records
projects
in
the
state.
Sec.
133.
Section
8D.3,
subsection
3,
paragraphs
b
and
d,
Code
2024,
are
amended
to
read
as
follows:
b.
Adopt
rules
pursuant
to
chapter
17A
as
deemed
appropriate
and
necessary,
and
directly
related
to
the
implementation
and
administration
of
the
duties
of
the
commission.
The
commission,
in
consultation
with
the
department
of
administrative
services,
shall
also
adopt
and
provide
for
standard
communications
procedures
and
policies
relating
to
the
use
of
the
network
which
recognize,
at
a
minimum,
the
need
for
reliable
communications
services.
Provide
advice
and
recommendations
to
the
director
for
the
adoption
of
rules
as
provided
in
section
8D.4.
d.
Review
and
approve
for
adoption,
rules
as
proposed
and
submitted
by
an
authorized
user
group
necessary
for
the
authorized
user
group’s
access
and
use
of
the
network.
The
commission
may
refuse
to
approve
and
adopt
a
proposed
rule,
Senate
File
2385,
p.
46
and
upon
such
refusal,
shall
return
the
proposed
rule
to
the
respective
authorized
user
group
proposing
the
rule
with
a
statement
indicating
the
commission’s
reason
for
refusing
to
approve
and
adopt
the
rule.
Provide
advice
and
recommendations
to
the
director
for
the
review
and
adoption
of
rules
proposed
and
submitted
by
an
authorized
user
group.
Sec.
134.
Section
8D.4,
Code
2024,
is
amended
to
read
as
follows:
8D.4
Executive
director
appointed.
1.
The
commission
governor
shall
appoint
an
executive
director
of
the
commission,
subject
to
confirmation
by
the
senate.
Such
individual
shall
not
serve
as
a
member
of
the
commission.
The
executive
director
shall
serve
at
the
pleasure
of
the
commission
governor
.
The
executive
director
shall
be
selected
primarily
for
administrative
ability
and
knowledge
in
the
field,
without
regard
to
political
affiliation.
The
governor
shall
establish
the
salary
of
the
executive
director
within
the
applicable
salary
range
as
established
by
the
general
assembly.
The
salary
and
support
of
the
executive
director
shall
be
paid
from
funds
moneys
deposited
in
the
Iowa
communications
network
fund.
2.
The
director
shall
adopt
rules
pursuant
to
chapter
17A
for
the
implementation
and
administration
of
the
duties
of
the
commission.
The
director,
in
consultation
with
the
department
of
administrative
services,
shall
also
adopt
and
provide
for
standard
communications
procedures
and
policies
relating
to
the
use
of
the
network
which
recognize,
at
a
minimum,
the
need
for
reliable
communications
services.
The
director
shall
review
and
approve
for
adoption
rules
as
proposed
and
submitted
by
an
authorized
user
group
necessary
for
the
authorized
user
group’s
access
and
use
of
the
network.
The
director
may
refuse
to
approve
and
adopt
a
proposed
rule,
and
upon
such
refusal,
shall
return
the
proposed
rule
to
the
respective
authorized
user
group
proposing
the
rule
with
a
statement
indicating
the
director’s
reason
for
refusing
to
approve
and
adopt
the
rule.
Sec.
135.
Section
8D.9,
subsection
2,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
A
private
or
public
agency,
other
than
an
institution
under
the
control
of
the
state
board
of
regents,
a
private
Senate
File
2385,
p.
47
college
or
university,
or
a
nonpublic
school,
shall
petition
the
commission
for
a
waiver
of
the
requirement
to
use
the
network
as
provided
in
paragraph
“a”
,
if
the
agency
determines
that
paragraph
“a”
,
subparagraph
(1)
or
(2)
,
applies.
The
commission
director
shall
establish
by
rule
a
review
process
for
determining,
upon
application
of
an
authorized
user,
whether
paragraph
“a”
,
subparagraph
(1)
or
(2)
,
applies.
An
authorized
user
found
by
the
commission
to
be
under
contract
for
such
services
as
provided
in
paragraph
“a”
,
subparagraph
(2),
shall
not
enter
into
another
contract
upon
the
expiration
of
such
contract,
but
shall
utilize
the
network
for
such
services
as
provided
in
this
section
unless
paragraph
“a”
,
subparagraph
(1),
applies.
A
waiver
approved
by
the
commission
may
be
for
a
period
as
requested
by
the
private
or
public
agency
of
up
to
three
years.
Sec.
136.
Section
10A.104,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
Appoint
the
administrators
of
the
divisions
within
the
department
and
all
other
personnel
deemed
necessary
for
the
administration
of
this
chapter
,
except
the
state
public
defender,
assistant
state
public
defenders,
administrator
of
the
racing
and
gaming
commission,
labor
commissioner,
workers’
compensation
commissioner,
director
of
the
Iowa
state
office
of
civil
rights
commission
,
and
members
of
the
employment
appeal
board.
All
persons
appointed
and
employed
in
the
department
are
covered
by
the
provisions
of
chapter
8A,
subchapter
IV
,
but
persons
not
appointed
by
the
director
are
exempt
from
the
merit
system
provisions
of
chapter
8A,
subchapter
IV
.
Sec.
137.
Section
12.72,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
A
vision
Iowa
fund
is
created
and
established
as
a
separate
and
distinct
fund
in
the
state
treasury.
The
moneys
in
the
fund
are
appropriated
to
the
enhance
Iowa
economic
development
authority
board
for
purposes
of
the
vision
Iowa
program
established
in
section
15F.302
.
Moneys
in
the
fund
shall
not
be
subject
to
appropriation
for
any
other
purpose
by
the
general
assembly,
but
shall
be
used
only
for
the
purposes
of
the
vision
Iowa
fund.
The
treasurer
of
state
shall
act
as
custodian
of
the
fund
and
disburse
moneys
contained
in
the
Senate
File
2385,
p.
48
fund
as
directed
by
the
enhance
Iowa
economic
development
authority
board,
including
automatic
disbursements
of
funds
received
pursuant
to
the
terms
of
bond
indentures
and
documents
and
security
provisions
to
trustees.
The
fund
shall
be
administered
by
the
enhance
Iowa
economic
development
authority
board
which
shall
make
expenditures
from
the
fund
consistent
with
the
purposes
of
the
vision
Iowa
program
without
further
appropriation.
An
applicant
under
the
vision
Iowa
program
shall
not
receive
more
than
seventy-five
million
dollars
in
financial
assistance
from
the
fund.
Sec.
138.
Section
12.75,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
enhance
Iowa
economic
development
authority
board
may
undertake
a
project
for
two
or
more
applicants
jointly
or
for
any
combination
of
applicants,
and
may
combine
for
financing
purposes,
with
the
consent
of
all
of
the
applicants
which
are
involved,
the
project
and
some
or
all
future
projects
of
any
applicant,
and
section
12.71,
Code
2020
,
sections
12.72
and
12.74
,
this
section
,
and
sections
12.76
and
12.77
apply
to
and
for
the
benefit
of
the
enhance
Iowa
economic
development
authority
board
and
the
joint
applicants.
However,
the
money
set
aside
in
a
fund
or
funds
pledged
for
any
series
or
issue
of
bonds
or
notes
shall
be
held
for
the
sole
benefit
of
the
series
or
issue
separate
and
apart
from
money
pledged
for
another
series
or
issue
of
bonds
or
notes
of
the
treasurer
of
state.
To
facilitate
the
combining
of
projects,
bonds
or
notes
may
be
issued
in
series
under
one
or
more
resolutions
or
trust
agreements
and
may
be
fully
open-ended,
thus
providing
for
the
unlimited
issuance
of
additional
series,
or
partially
open-ended,
limited
as
to
additional
series.
Sec.
139.
Section
12C.6,
subsection
2,
paragraphs
a,
c,
d,
e,
and
f,
Code
2024,
are
amended
to
read
as
follows:
a.
A
committee
composed
of
the
superintendent
of
banking,
the
superintendent
of
credit
unions,
the
auditor
of
state
or
a
designee,
and
the
treasurer
of
state
shall
meet
on
or
about
the
first
of
each
month
or
at
other
times
as
the
committee
may
prescribe
and
by
majority
action
The
treasurer
of
state,
in
consultation
with
subject
matter
experts
as
needed,
shall
establish
a
minimum
rate
to
be
earned
on
state
funds
placed
in
Senate
File
2385,
p.
49
time
deposits.
c.
An
interest
rate
established
by
the
committee
treasurer
of
state
under
this
section
shall
be
in
effect
commencing
on
the
eighth
calendar
day
following
the
day
the
rate
is
established
and
until
a
different
rate
is
established
and
takes
effect.
d.
The
committee
treasurer
of
state
shall
give
advisory
notice
of
an
interest
rate
established
under
this
section
.
This
notice
may
be
given
by
publication
in
one
or
more
newspapers,
by
publication
in
the
Iowa
administrative
bulletin,
by
ordinary
mail
to
persons
directly
affected,
by
any
other
method
determined
by
the
committee
treasurer
of
state
,
or
by
a
combination
of
these.
In
all
cases,
the
notice
shall
be
published
in
the
Iowa
administrative
bulletin.
e.
The
notice
shall
contain
the
following
words:
The
rate
of
interest
has
been
determined
by
a
committee
the
treasurer
of
state
of
the
state
of
Iowa
to
be
the
minimum
interest
rate
that
shall
be
paid
on
public
funds
deposited
in
approved
financial
institutions.
To
be
eligible
to
accept
deposits
of
public
funds
of
the
state
of
Iowa,
a
financial
institution
shall
demonstrate
a
commitment
to
serve
the
needs
of
the
local
community
in
which
it
is
chartered
to
do
business.
These
needs
include
credit
services
as
well
as
deposit
services.
All
such
financial
institutions
are
required
to
provide
the
committee
treasurer
of
state
with
a
written
description
of
their
commitment
to
provide
credit
services
in
the
community.
This
statement
is
available
for
examination
by
citizens.
f.
The
notice
shall
also
provide
the
name
and
address
of
a
state
official
to
whom
inquiries
can
be
sent.
Actions
of
the
committee
treasurer
of
state
under
this
section
and
section
12C.6A
are
exempt
from
chapter
17A
.
Sec.
140.
Section
12C.6A,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
In
addition
to
establishing
a
minimum
interest
rate
for
public
funds
pursuant
to
section
12C.6
,
the
committee
composed
of
the
superintendent
of
banking,
the
superintendent
of
credit
unions,
the
auditor
of
state
or
a
designee,
and
the
treasurer
of
state
,
in
consultation
with
subject
matter
experts
as
Senate
File
2385,
p.
50
needed,
shall
develop
a
list
of
financial
institutions
eligible
to
accept
state
public
funds.
The
committee
treasurer
of
state
shall
require
that
a
financial
institution
seeking
to
qualify
for
the
list
shall
annually
provide
the
committee
treasurer
of
state
a
written
statement
that
the
financial
institution
has
complied
with
the
requirements
of
this
chapter
and
has
a
commitment
to
community
reinvestment
consistent
with
the
safe
and
sound
operation
of
a
financial
institution,
unless
the
financial
institution
has
received
a
rating
of
satisfactory
or
higher
pursuant
to
the
federal
Community
Reinvestment
Act,
12
U.S.C.
§2901
et
seq.,
and
such
rating
is
certified
to
the
committee
treasurer
of
state
by
the
superintendent
of
banking.
To
qualify
for
the
list,
a
financial
institution
must
demonstrate
a
continuing
commitment
to
meet
the
credit
needs
of
the
local
community
in
which
it
is
chartered.
Sec.
141.
Section
12C.6A,
subsection
3,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
committee
treasurer
of
state
may
require
a
financial
institution
to
provide
public
notice
inviting
the
public
to
submit
comments
to
the
financial
institution
regarding
its
community
lending
activities.
Each
financial
institution
shall
maintain
a
file
open
to
public
inspection
which
contains
public
comments
received
on
its
community
investment
activities,
and
the
financial
institution’s
response
to
those
comments.
The
committee
treasurer
of
state
shall
adopt
procedures
for
both
of
the
following:
Sec.
142.
Section
12C.6A,
subsection
4,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
At
least
once
a
year
the
committee
treasurer
of
state
shall
review
any
challenges
that
have
been
filed
pursuant
to
subsection
3
.
The
committee
treasurer
of
state
may
hold
a
public
hearing
to
consider
the
challenge.
In
considering
a
challenge,
the
committee
treasurer
of
state
shall
review
documents
filed
with
federal
regulatory
authorities
pursuant
to
the
Community
Reinvestment
Act,
12
U.S.C.
§2901
et
seq.,
and
regulations
adopted
pursuant
to
the
Act,
as
amended
to
January
1,
1990.
In
addition,
consistent
with
the
confidentiality
of
financial
institution
records
the
committee
treasurer
of
state
shall
consider
other
factors
including,
but
not
limited
to,
the
Senate
File
2385,
p.
51
following:
Sec.
143.
Section
12C.6A,
subsection
5,
Code
2024,
is
amended
to
read
as
follows:
5.
a.
A
person
who
believes
a
bank
has
failed
to
meet
its
community
reinvestment
responsibility
may
file
a
complaint
with
the
committee
treasurer
of
state
detailing
the
basis
for
that
belief.
b.
If
any
committee
member,
in
the
member’s
discretion,
the
treasurer
of
state,
in
the
treasurer’s
discretion,
finds
that
the
complaint
has
merit,
the
member
treasurer
of
state
may
order
the
bank
alleged
to
have
failed
to
meet
its
community
reinvestment
responsibility
to
attend
and
participate
in
a
meeting
with
the
complainant.
The
committee
member
treasurer
of
state
may
specify
who,
at
minimum,
shall
represent
the
bank
at
the
meeting.
At
the
meeting,
or
at
any
other
time,
the
bank
may,
but
is
not
required
to,
enter
into
an
agreement
with
a
complainant
to
correct
alleged
failings.
c.
A
majority
of
the
committee
The
treasurer
of
state
may
order
a
bank
against
which
a
complaint
has
been
filed
pursuant
to
this
subsection
,
to
disclose
such
additional
information
relating
to
community
reinvestment
as
required
by
the
order
of
the
majority
of
the
committee
treasurer
of
state
.
d.
This
subsection
does
not
preempt
any
other
remedies
available
under
statutory
or
common
law
available
to
the
committee
treasurer
of
state
,
the
superintendent
of
banking,
or
aggrieved
persons
to
cure
violations
of
this
section
or
chapter
524
,
or
rules
adopted
pursuant
to
this
section
or
chapter
524
.
The
committee
treasurer
of
state
may
conduct
a
public
hearing
as
provided
in
subsection
4
based
upon
the
same
complaint.
An
order
finding
merit
in
a
complaint
and
ordering
a
meeting
is
not
an
election
of
remedies.
Sec.
144.
Section
15.105,
subsection
1,
paragraph
a,
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
(1)
The
powers
of
the
authority
are
vested
in
and
shall
be
exercised
by
a
board
of
eleven
voting
members
selected
at
large
and
appointed
by
the
governor
subject
to
confirmation
by
the
senate.
The
voting
members
shall
be
comprised
of
the
following:
(a)
Two
members
from
each
United
States
congressional
Senate
File
2385,
p.
52
district
established
under
section
40.1
in
the
state.
(b)
Three
members
selected
at
large.
Sec.
145.
Section
15.108,
subsection
5,
paragraph
c,
Code
2024,
is
amended
to
read
as
follows:
c.
Coordinate
and
develop
with
the
department
of
transportation,
the
department
of
natural
resources,
the
enhance
Iowa
board,
other
state
agencies,
and
local
and
regional
entities
public
interpretation,
marketing,
and
education
programs
that
encourage
Iowans
and
out-of-state
visitors
to
participate
in
the
recreational
and
leisure
opportunities
available
in
Iowa.
The
authority
shall
establish
and
administer
a
program
that
helps
connect
both
Iowa
residents
and
residents
of
other
states
to
new
and
existing
Iowa
experiences
as
a
means
to
enhance
the
economic,
social,
and
cultural
well-being
of
the
state.
The
program
shall
include
a
broad
range
of
new
opportunities,
both
rural
and
urban,
including
main
street
destinations,
green
space
initiatives,
and
artistic
and
cultural
attractions.
Sec.
146.
Section
15.108,
subsection
8,
paragraph
b,
subparagraphs
(4)
and
(5),
Code
2024,
are
amended
to
read
as
follows:
(4)
Compile,
in
consultation
with
the
Iowa
arts
council,
a
list
of
grant
applications
recommended
for
funding
in
accordance
with
the
amount
available
for
distribution
as
provided
in
section
15.481,
subsection
3
.
The
list
of
recommended
grant
applications
shall
be
submitted
to
the
Iowa
cultural
trust
board
of
trustees
for
approval.
(5)
Monitor
the
allocation
and
use
of
grant
moneys
by
all
qualified
organizations
to
determine
whether
moneys
are
used
in
accordance
with
the
provisions
of
this
paragraph
“b”
and
subchapter
II,
part
30
.
The
authority
shall
annually
submit
a
report
with
the
authority’s
findings
and
recommendations
to
the
Iowa
cultural
trust
board
of
trustees
prior
to
final
board
action
in
approving
grants
for
the
next
succeeding
fiscal
year.
Sec.
147.
Section
15.116,
Code
2024,
is
amended
to
read
as
follows:
15.116
Technology
commercialization
committee.
To
evaluate
and
make
recommendations
to
the
authority
on
appropriate
funding
for
the
projects
and
programs
Senate
File
2385,
p.
53
applying
for
financial
assistance
from
the
innovation
and
commercialization
development
fund
created
in
section
15.412
,
the
economic
development
authority
shall
create
a
technology
commercialization
committee
composed
of
members
with
expertise
in
the
areas
of
biosciences,
engineering,
manufacturing,
pharmaceuticals,
materials,
information
solutions,
software,
and
energy.
At
least
one
member
of
the
technology
commercialization
committee
shall
be
a
member
of
the
economic
development
authority.
An
organization
designated
by
the
authority,
composed
of
members
from
both
the
public
and
private
sectors
and
composed
of
subunits
or
subcommittees
in
the
areas
of
already
identified
bioscience
platforms,
education
and
workforce
development,
commercialization,
communication,
policy
and
governance,
and
finance,
shall
provide
funding
recommendations
to
the
technology
commercialization
committee.
Members
of
the
committee
shall
be
eligible
for
a
per
diem
as
specified
in
section
7E.6
for
each
day
spent
in
performance
of
duties
as
members,
and
shall
receive
compensation
for
mileage
to
and
from
meetings.
Sec.
148.
Section
15.117A,
subsection
2,
paragraph
a,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
Twenty-nine
Nine
voting
members
as
follows:
Sec.
149.
Section
15.117A,
subsection
2,
paragraph
a,
subparagraphs
(1),
(3),
and
(9),
Code
2024,
are
amended
to
read
as
follows:
(1)
Twenty
Three
members
selected
by
the
board
to
serve
staggered,
two-year
terms
beginning
and
ending
as
provided
in
section
69.19
.
Of
the
members
selected
by
the
board,
fourteen
shall
be
representatives
from
businesses
in
the
targeted
industries
and
six
shall
be
individuals
who
serve
on
the
technology
commercialization
committee
created
in
section
15.116
,
or
other
committees
of
the
board,
and
who
have
expertise
with
the
targeted
industries.
At
least
ten
of
the
members
selected
pursuant
to
this
subparagraph
shall
be
executives
actively
engaged
in
the
management
of
a
business
in
a
targeted
industry.
The
members
selected
pursuant
to
this
paragraph
subparagraph
shall
have
expertise
in
the
targeted
industries
and
reflect
the
size
and
diversity
of
businesses
in
Senate
File
2385,
p.
54
the
targeted
industries
and
of
the
various
geographic
areas
of
the
state
.
(3)
The
director
of
the
authority
,
or
the
director’s
designee
.
(9)
Two
One
community
college
presidents
from
geographically
diverse
areas
of
the
state
president
,
selected
by
the
Iowa
association
of
community
college
trustees.
Sec.
150.
Section
15.117A,
subsection
2,
paragraph
a,
subparagraphs
(2)
and
(4),
Code
2024,
are
amended
by
striking
the
subparagraphs.
Sec.
151.
Section
15.117A,
subsection
4,
Code
2024,
is
amended
to
read
as
follows:
4.
The
chief
technology
officer
appointed
pursuant
to
section
15.117
council
shall
be
select
the
chairperson
of
the
council
and
,
who
shall
be
responsible
for
convening
meetings
of
the
council
and
coordinating
its
activities
and
shall
convene
the
council
at
least
annually
.
The
council
shall
annually
elect
one
of
the
voting
members
to
serve
as
vice
chairperson.
A
majority
of
the
members
of
the
council
constitutes
a
quorum.
However,
the
chief
technology
officer
chairperson
shall
not
convene
a
meeting
of
the
council
unless
the
director
of
the
authority,
or
the
director’s
designee,
is
present
at
the
meeting.
Sec.
152.
Section
15.117A,
subsection
6,
paragraphs
a,
b,
and
d,
Code
2024,
are
amended
by
striking
the
paragraphs.
Sec.
153.
Section
15.117A,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
7.
A
committee
appointed
by
the
director
and
the
chairperson
of
the
council
shall
review
and
make
recommendations
on
all
applications
received
by
the
authority
for
financial
assistance
under
the
Iowa
strategic
infrastructure
program
pursuant
to
section
15.313.
Persons
appointed
to
a
committee
pursuant
to
this
subsection
are
not
required
to
be
members
of
the
council.
Sec.
154.
Section
15.439,
subsection
1,
paragraphs
a,
c,
d,
and
e,
Code
2024,
are
amended
to
read
as
follows:
a.
The
authority
shall
establish
and
administer
an
Iowa
great
places
program
for
purposes
of
combining
resources
of
state
government
in
an
effort
to
showcase
the
unique
and
Senate
File
2385,
p.
55
authentic
qualities
of
communities,
regions,
neighborhoods,
and
districts
that
make
such
places
exceptional
places
to
work
and
live.
The
authority
shall
provide
administrative
assistance
to
the
Iowa
great
places
board.
The
authority
shall
coordinate
the
efforts
of
the
Iowa
great
places
board
with
the
efforts
of
other
state
agencies
participating
in
the
program
which
shall
include
but
not
be
limited
to
the
Iowa
finance
authority,
the
department
of
health
and
human
services,
the
department
of
natural
resources,
the
state
department
of
transportation,
and
the
department
of
workforce
development.
c.
Initially,
three
Iowa
great
places
projects
shall
be
identified
by
the
Iowa
great
places
board.
The
board
authority
may
identify
additional
Iowa
great
places
for
participation
under
the
program
when
places
develop
dimensions
and
meet
readiness
criteria
for
participation
under
the
program.
d.
The
authority
shall
work
in
cooperation
with
the
enhance
Iowa
board
for
purposes
of
maximizing
and
leveraging
moneys
appropriated
to
identified
Iowa
great
places.
e.
d.
As
a
condition
of
receiving
state
funds,
an
identified
Iowa
great
place
shall
present
information
to
the
board
authority
concerning
the
proposed
activities
and
total
financial
needs
of
the
project.
Sec.
155.
Section
15.439,
subsection
2,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
156.
Section
15.439,
subsections
3
and
4,
Code
2024,
are
amended
to
read
as
follows:
3.
The
board
authority
shall
do
all
of
the
following:
a.
Organize.
b.
a.
Identify
Iowa
great
places
for
purposes
of
receiving
a
package
of
resources
under
the
program.
c.
b.
Identify
a
combination
of
state
resources
which
can
be
provided
to
Iowa
great
places.
4.
Notwithstanding
any
restriction,
requirement,
or
duty
to
the
contrary,
in
considering
an
application
for
a
grant,
loan,
or
other
financial
or
technical
assistance
for
a
project
identified
in
an
Iowa
great
places
agreement
developed
pursuant
to
this
section
,
a
state
agency
shall
give
additional
consideration
or
additional
points
in
the
application
of
rating
or
evaluation
criteria
to
such
applications.
This
subsection
Senate
File
2385,
p.
56
applies
to
applications
filed
within
three
years
of
the
Iowa
great
places
board’s
authority’s
identification
of
the
project
for
participation
in
the
program.
Sec.
157.
Section
15.478,
subsection
1,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
158.
Section
15.479,
subsection
4,
Code
2024,
is
amended
to
read
as
follows:
4.
The
treasurer
of
state
shall
act
as
custodian
of
the
fund,
shall
invest
moneys
in
the
trust
fund,
and
shall
transfer
the
interest
attributable
to
the
investment
of
trust
fund
moneys
to
the
grant
account
created
in
section
15.482
.
The
trust
fund’s
principal
shall
not
be
used
or
accessed
by
the
department
or
the
board
authority
for
any
purpose.
Sec.
159.
Section
15.481,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
board
authority
shall
do
any
or
all
of
the
following:
Sec.
160.
Section
15.481,
subsections
2
and
3,
Code
2024,
are
amended
to
read
as
follows:
2.
Approve
or
disapprove
the
grants
recommended
for
approval
by
the
director,
in
consultation
with
the
Iowa
arts
council
and
the
state
historical
society
of
Iowa,
in
accordance
with
section
15.108,
subsection
8
,
paragraph
“b”
.
The
board
authority
may
remove
any
recommendation
from
the
list,
but
shall
not
add
to
or
otherwise
amend
the
list
of
recommended
grants.
3.
Upon
approving
a
grant,
the
board
authority
shall
certify
to
the
treasurer
of
state
the
amount
of
financial
assistance
payable
from
the
grant
account
to
the
qualified
organization
whose
grant
application
is
approved.
Sec.
161.
Section
15.482,
subsections
1
and
3,
Code
2024,
are
amended
to
read
as
follows:
1.
An
Iowa
cultural
trust
grant
account
is
created
in
the
office
of
the
treasurer
of
state
under
the
control
of
the
board
authority
to
receive
interest
attributable
to
the
investment
of
trust
fund
moneys
as
required
by
section
15.479,
subsection
4
.
The
moneys
in
the
grant
account
are
appropriated
to
the
board
authority
for
purposes
of
the
Iowa
cultural
trust
created
in
section
15.479
.
Moneys
in
the
grant
account
shall
not
be
subject
to
appropriation
for
any
other
purpose
by
the
Senate
File
2385,
p.
57
general
assembly,
but
shall
be
used
only
for
the
purposes
of
the
Iowa
cultural
trust.
The
treasurer
of
state
shall
act
as
custodian
of
the
grant
account
and
disburse
moneys
contained
in
the
grant
account
as
directed
by
the
board
authority
.
The
board
authority
shall
make
expenditures
from
the
grant
account
consistent
with
the
purposes
of
the
Iowa
cultural
trust.
3.
At
any
time
when
the
principal
balance
in
the
trust
fund
equals
or
exceeds
three
million
dollars,
the
board
authority
may
use
moneys
in
the
grant
account
for
a
statewide
educational
program
to
promote
participation
in,
expanded
support
of,
and
local
endowment
building
for,
Iowa
nonprofit
arts,
history,
and
sciences
and
humanities
organizations.
Sec.
162.
Section
15F.101,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
“Board”
means
the
enhance
Iowa
economic
development
authority
board
as
created
in
section
15F.102
15.105
.
Sec.
163.
Section
15F.203,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
A
review
committee
composed
of
five
members
of
the
board
shall
review
community
attraction
and
tourism
program
applications
forwarded
to
the
board
and
make
recommendations
regarding
the
applications
to
the
board.
The
review
committee
shall
consist
of
members
of
the
board,
with
one
member
from
each
congressional
district
under
section
15F.102,
subsection
2
,
paragraph
“a”
,
and
one
member
from
the
state
at
large
under
section
15F.102,
subsection
2
,
paragraph
“b”
.
Sec.
164.
Section
15F.304,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
A
review
committee
composed
of
six
members
of
the
board
shall
review
vision
Iowa
program
applications
and
river
enhancement
community
attraction
and
tourism
project
applications
forwarded
to
the
board
and
make
recommendations
regarding
the
applications
to
the
board.
The
review
committee
shall
consist
of
members
of
the
board,
with
one
member
from
each
congressional
district
under
section
15F.102,
subsection
2
,
paragraph
“a”
,
and
two
members
from
the
state
at
large
under
section
15F.102,
subsection
2
,
paragraph
“b”
.
Sec.
165.
Section
15F.402,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
Senate
File
2385,
p.
58
2.
A
review
committee
composed
of
five
members
of
the
board
shall
review
sports
tourism
marketing
and
infrastructure
program
applications
forwarded
to
the
board
and
make
recommendations
regarding
the
applications
to
the
authority.
The
review
committee
shall
consist
of
members
of
the
board,
with
one
member
from
each
congressional
district
under
section
15F.102,
subsection
2
,
paragraph
“a”
,
and
one
member
from
the
state
at
large
under
section
15F.102,
subsection
2
,
paragraph
“b”
.
Sec.
166.
Section
15H.3,
subsection
1,
paragraphs
e
and
k,
Code
2024,
are
amended
by
striking
the
paragraphs.
Sec.
167.
Section
16.2D,
subsections
1,
2,
3,
4,
5,
and
6,
Code
2024,
are
amended
by
striking
the
subsections.
Sec.
168.
Section
16.2D,
subsection
7,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
duties
of
the
council
authority
under
this
section
shall
include
but
are
not
limited
to
the
following:
Sec.
169.
Section
16.2D,
subsection
7,
paragraph
e,
Code
2024,
is
amended
to
read
as
follows:
e.
Advise
the
governor’s
office,
the
authority,
state
agencies,
and
private
organizations
on
strategies
to
prevent
and
eliminate
homelessness.
Sec.
170.
Section
16.2D,
subsections
8,
9,
and
10,
Code
2024,
are
amended
to
read
as
follows:
8.
The
council
authority
shall
file
a
point-in-time
report
on
homelessness
in
Iowa
with
the
governor
and
the
general
assembly
on
or
before
December
1
of
each
year.
9.
a.
The
authority
,
in
consultation
with
the
council,
shall
adopt
rules
pursuant
to
chapter
17A
for
carrying
out
the
duties
of
the
council
authority
pursuant
to
this
section
.
b.
The
council
authority
shall
establish
internal
rules
of
procedure
consistent
with
the
provisions
of
this
section
.
c.
Rules
adopted
or
internal
rules
of
procedure
established
pursuant
to
paragraph
“a”
or
“b”
shall
be
consistent
with
the
requirements
of
the
federal
McKinney-Vento
Homeless
Assistance
Act,
42
U.S.C.
§11301
et
seq.
10.
The
council
authority
shall
comply
with
the
requirements
of
chapters
21
and
22
.
The
authority
shall
be
the
official
repository
of
council
records.
Senate
File
2385,
p.
59
Sec.
171.
Section
20.1,
subsection
2,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
general
assembly
declares
that
the
purposes
of
the
public
employment
relations
board
established
by
employment
appeal
board
with
respect
to
this
chapter
are
to
implement
the
provisions
of
this
chapter
and
adjudicate
and
conciliate
employment-related
cases
involving
the
state
of
Iowa
and
other
public
employers
and
employee
organizations.
For
these
purposes
the
powers
and
duties
of
the
board
include
but
are
not
limited
to
the
following:
Sec.
172.
Section
20.3,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
“Board”
means
the
public
employment
relations
appeal
board
established
under
section
20.5
10A.601
.
Sec.
173.
Section
20.6,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
Administer
the
provisions
of
this
chapter
and
delegate
the
powers
and
duties
of
the
board
to
the
executive
director
or
persons
employed
by
the
board,
as
appropriate.
Sec.
174.
Section
22.7,
subsection
69,
Code
2024,
is
amended
to
read
as
follows:
69.
The
evidence
of
public
employee
support
for
the
certification,
retention
and
recertification,
or
decertification
of
an
employee
organization
as
defined
in
section
20.3
that
is
submitted
to
the
public
employment
relations
appeal
board
as
provided
in
section
20.14
or
20.15
.
Sec.
175.
Section
23A.2,
subsection
6,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
The
director
of
the
department
of
corrections
,
with
the
advice
of
the
state
prison
industries
advisory
board,
may,
by
rule,
provide
for
exemptions
from
this
chapter
.
Sec.
176.
Section
35A.2,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
Ten
commissioners
shall
be
honorably
discharged
members
of
the
armed
forces
of
the
United
States.
The
American
legion
of
Iowa
,
disabled
American
veterans
department
of
Iowa
,
veterans
of
foreign
wars
department
of
Iowa
,
American
veterans
of
World
War
II,
Korea,
and
Vietnam
,
the
Vietnam
veterans
of
America,
the
military
order
of
the
purple
heart,
the
paralyzed
Senate
File
2385,
p.
60
veterans
of
America,
and
the
Iowa
association
of
county
commissioners
and
veteran
service
officers,
through
their
department
commanders,
shall
submit
two
names
respectively
from
their
organizations
to
the
governor.
The
adjutant
general
and
the
Iowa
affiliate
of
the
reserve
officers
association
shall
may
submit
names
to
the
governor
of
persons
to
represent
the
Iowa
national
guard
and
the
association
reserve
organization
of
America
.
The
governor
shall
appoint
from
the
group
of
names
submitted
by
the
adjutant
general
and
reserve
officers
association
two
representatives
and
from
each
of
the
other
organizations
one
representative
to
serve
as
a
member
of
the
commission,
unless
the
appointments
would
conflict
with
the
bipartisan
and
gender
balance
provisions
of
sections
69.16
and
69.16A
.
In
addition,
the
governor
shall
appoint
one
member
of
the
public,
knowledgeable
in
the
general
field
of
veterans
affairs,
to
serve
on
the
commission.
If
an
organization
fails
to
submit
a
recommendation
pursuant
to
this
subsection,
the
governor
may
appoint
any
person
to
fill
the
vacancy.
Sec.
177.
Section
68B.2,
subsection
23,
Code
2024,
is
amended
to
read
as
follows:
23.
“Regulatory
agency”
means
the
department
of
agriculture
and
land
stewardship,
department
of
workforce
development,
department
of
insurance
and
financial
services,
department
of
public
safety,
department
of
education,
state
board
of
regents,
department
of
health
and
human
services,
department
of
revenue,
department
of
inspections,
appeals,
and
licensing,
department
of
administrative
services,
public
employment
relations
appeal
board,
state
department
of
transportation,
civil
rights
commission
office
of
civil
rights
,
department
of
public
defense,
department
of
homeland
security
and
emergency
management,
Iowa
ethics
and
campaign
disclosure
board,
utilities
board,
and
department
of
natural
resources.
Sec.
178.
Section
68B.35,
subsection
2,
paragraph
e,
Code
2024,
is
amended
to
read
as
follows:
e.
Members
of
the
state
banking
council,
the
Iowa
ethics
and
campaign
disclosure
board,
the
credit
union
review
board,
the
economic
development
authority,
the
employment
appeal
board,
the
environmental
protection
commission,
the
health
facilities
council,
the
Iowa
finance
authority,
the
Iowa
public
employees’
Senate
File
2385,
p.
61
retirement
system
investment
board,
the
Iowa
lottery
board
created
in
section
99G.8
,
the
natural
resource
commission,
the
board
of
parole,
the
petroleum
underground
storage
tank
fund
board,
the
public
employment
relations
board,
the
state
racing
and
gaming
commission,
the
state
board
of
regents,
the
transportation
commission,
the
office
of
consumer
advocate,
the
utilities
board,
the
Iowa
telecommunications
and
technology
commission,
and
any
full-time
members
of
other
boards
and
commissions
as
defined
under
section
7E.4
who
receive
an
annual
salary
for
their
service
on
the
board
or
commission.
The
Iowa
ethics
and
campaign
disclosure
board
shall
conduct
an
annual
review
to
determine
if
members
of
any
other
board,
commission,
or
authority
should
file
a
statement
and
shall
require
the
filing
of
a
statement
pursuant
to
rules
adopted
pursuant
to
chapter
17A
.
Sec.
179.
Section
70A.28,
subsection
6,
Code
2024,
is
amended
to
read
as
follows:
6.
Subsection
2
may
also
be
enforced
by
an
employee
through
an
administrative
action
pursuant
to
the
requirements
of
this
subsection
if
the
employee
is
not
a
merit
system
employee
or
an
employee
covered
by
a
collective
bargaining
agreement.
An
employee
eligible
to
pursue
an
administrative
action
pursuant
to
this
subsection
who
is
discharged,
suspended,
demoted,
or
otherwise
receives
a
reduction
in
pay
and
who
believes
the
adverse
employment
action
was
taken
as
a
result
of
the
employee’s
disclosure
of
information
that
was
authorized
pursuant
to
subsection
2
,
may
file
an
appeal
of
the
adverse
employment
action
with
the
public
employment
relations
appeal
board
within
thirty
calendar
days
following
the
later
of
the
effective
date
of
the
action
or
the
date
a
finding
is
issued
to
the
employee
by
the
office
of
ombudsman
pursuant
to
section
2C.11A
.
The
findings
issued
by
the
ombudsman
may
be
introduced
as
evidence
before
the
public
employment
relations
appeal
board.
The
employee
has
the
right
to
a
hearing
closed
to
the
public,
but
may
request
a
public
hearing.
The
hearing
shall
otherwise
be
conducted
in
accordance
with
the
rules
of
the
public
employment
relations
appeal
board
and
the
Iowa
administrative
procedure
Act,
chapter
17A
.
If
the
public
employment
relations
appeal
board
finds
that
the
action
taken
Senate
File
2385,
p.
62
in
regard
to
the
employee
was
in
violation
of
subsection
2
,
the
employee
may
be
reinstated
without
loss
of
pay
or
benefits
for
the
elapsed
period,
or
the
public
employment
relations
appeal
board
may
provide
other
appropriate
remedies.
Decisions
by
the
public
employment
relations
appeal
board
constitute
final
agency
action.
Sec.
180.
Section
80.28,
subsections
2
and
3,
Code
2024,
are
amended
to
read
as
follows:
2.
The
board
shall
consist
of
nineteen
voting
members,
as
follows
the
following
members,
selected
by
the
governor
after
considering
recommendations
from
professional
or
volunteer
organizations
:
a.
The
following
members
representing
state
agencies:
(1)
One
member
representing
the
department
of
public
safety.
(2)
One
member
representing
the
state
department
of
transportation.
(3)
One
member
representing
the
department
of
homeland
security
and
emergency
management.
(4)
One
member
representing
the
department
of
corrections.
(5)
One
member
representing
the
department
of
natural
resources.
(6)
One
member
representing
the
department
of
health
and
human
services.
(7)
One
member
representing
the
office
of
the
chief
information
officer
created
in
section
8B.2
.
(8)
One
member
representing
the
Iowa
law
enforcement
academy
created
in
section
80B.4
.
b.
The
governor
shall
solicit
and
consider
recommendations
from
professional
or
volunteer
organizations
in
appointing
the
following
members:
(1)
Two
members
who
are
representatives
One
member
who
is
a
representative
from
a
municipal
police
departments
department
.
(2)
b.
Two
members
who
are
representatives
One
member
who
is
a
representative
of
a
sheriff’s
offices
office
.
(3)
c.
Two
members
who
are
representatives
One
member
who
is
a
representative
from
a
fire
departments
department
.
One
of
the
members
shall
be
a
volunteer
fire
fighter
and
the
other
member
shall
be
a
paid
fire
fighter.
Senate
File
2385,
p.
63
(4)
d.
Two
members
who
are
One
member
who
is
a
law
communication
center
managers
manager
employed
by
a
state
or
local
government
agencies
agency
.
(5)
e.
One
member
representing
local
emergency
management
coordinators.
(6)
f.
One
member
representing
emergency
medical
service
providers.
(7)
g.
One
at-large
member.
3.
In
addition
to
the
voting
members
listed
in
subsection
2
,
the
board
membership
shall
include
four
members
of
the
general
assembly
with
one
member
designated
by
each
of
the
following:
the
majority
leader
of
the
senate,
the
minority
leader
of
the
senate,
the
speaker
of
the
house
of
representatives,
and
the
minority
leader
of
the
house
of
representatives.
A
legislative
member
serves
for
a
term
as
provided
in
section
69.16B
in
an
ex
officio,
nonvoting
capacity
and
is
eligible
for
per
diem
and
expenses
as
provided
in
section
2.10
.
Sec.
181.
Section
84A.1A,
subsection
1,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
An
Iowa
workforce
development
board
is
created,
consisting
of
thirty-three
voting
members
and
thirteen
nonvoting
the
following
members.
Sec.
182.
Section
84A.1A,
subsection
1,
paragraph
a,
subparagraph
(5),
Code
2024,
is
amended
by
striking
the
subparagraph.
Sec.
183.
Section
84A.1A,
subsection
1,
paragraph
a,
subparagraph
(8),
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
following
twenty-six
members
who
shall
be
appointed
by
the
governor
for
staggered
terms
of
four
years
beginning
and
ending
as
provided
in
section
69.19
,
subject
to
confirmation
by
the
senate:
Sec.
184.
Section
84A.1A,
subsection
1,
paragraph
a,
subparagraph
(8),
subparagraph
division
(a),
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
Seventeen
Ten
members
who
shall
be
representatives
of
businesses
in
the
state
to
whom
each
of
the
following
applies
,
and
at
least
one
of
whom
shall
represent
small
businesses
as
Senate
File
2385,
p.
64
defined
by
the
United
States
small
business
administration
:
Sec.
185.
Section
84A.1A,
subsection
1,
paragraph
a,
subparagraph
(8),
subparagraph
division
(b),
Code
2024,
is
amended
to
read
as
follows:
(b)
Seven
Four
members
who
shall
be
representatives
of
the
workforce
in
the
state
and
who
shall
include
all
of
the
following:
(i)
Four
At
least
two
representatives
of
labor
organizations
who
have
been
nominated
by
state
labor
federations.
(ii)
One
At
least
one
representative
of
a
joint
labor-management
apprenticeship
program
in
the
state
who
shall
be
a
member
of
a
labor
organization
or
a
training
director.
If
such
a
joint
program
does
not
exist
in
the
state,
the
member
shall
instead
be
a
representative
of
an
apprenticeship
program
in
the
state.
(iii)
Two
representatives
of
community-based
organizations
that
have
demonstrated
experience
and
expertise
in
addressing
the
employment,
training,
or
education
needs
of
individuals
with
barriers
to
employment
as
defined
in
the
federal
Workforce
Innovation
and
Opportunity
Act
,
Pub.
L.
No.
113-128,
§3(24)
,
including
but
not
limited
to
organizations
that
serve
veterans
or
that
provide
or
support
competitive,
integrated
employment
for
individuals
with
disabilities;
or
that
serve
eligible
youth,
as
defined
in
the
federal
Workforce
Innovation
and
Opportunity
Act
,
Pub.
L.
No.
113-128,
§3(18)
,
including
representatives
of
organizations
that
serve
out-of-school
youth,
as
defined
in
the
federal
Workforce
Innovation
and
Opportunity
Act
,
Pub.
L.
No.
113-128,
§129(a)(1)(B)
.
Sec.
186.
Section
84A.1A,
subsection
1,
paragraph
b,
Code
2024,
is
amended
by
striking
the
paragraph
and
inserting
in
lieu
thereof
the
following:
b.
The
director
of
the
department
of
education
or
the
director’s
designee
shall
serve
as
an
ex
officio,
nonvoting
member.
Sec.
187.
Section
97B.8B,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
Membership.
The
benefits
advisory
committee
shall
be
comprised
of
representatives
of
constituent
groups
concerned
Senate
File
2385,
p.
65
with
the
retirement
system,
and
shall
include
representatives
of
employers,
active
members,
and
retired
members.
In
addition,
the
director
of
the
department
of
administrative
services
,
or
the
director’s
designee,
and
a
member
of
the
public
selected
by
the
voting
members
of
the
committee
shall
serve
as
members
of
the
committee.
The
system
shall
adopt
rules
under
chapter
17A
to
provide
for
the
selection
of
members
to
the
committee
and
the
election
of
the
voting
members
of
the
committee.
Sec.
188.
Section
100B.1,
subsection
1,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
The
council
shall
consist
of
eleven
seven
voting
members
and
one
ex
officio,
nonvoting
member.
Voting
members
of
the
state
fire
service
and
emergency
response
council
shall
be
appointed
by
the
governor.
(1)
The
governor
shall
appoint
consider
appointing
voting
members
of
the
council
from
a
list
of
nominees
submitted
by
each
of
the
following
organizations
,
but
may
appoint
any
person
to
serve
on
the
council
:
(a)
Two
members
from
a
list
submitted
by
the
The
Iowa
firefighters
association.
(b)
Two
members
from
a
list
submitted
by
the
The
Iowa
fire
chiefs’
association.
(c)
Two
members
from
a
list
submitted
by
the
The
Iowa
professional
fire
fighters.
(d)
Two
members
from
a
list
submitted
by
the
The
Iowa
association
of
professional
fire
chiefs.
(e)
One
member
from
a
list
submitted
by
the
The
Iowa
emergency
medical
services
association.
(2)
A
person
nominated
for
inclusion
in
the
voting
membership
on
the
council
is
not
required
to
be
a
member
of
the
organization
that
nominates
the
person.
(3)
The
tenth
and
eleventh
voting
members
of
the
council
shall
be
members
of
the
general
public
appointed
by
the
governor.
(4)
(2)
The
labor
commissioner,
or
the
labor
commissioner’s
designee,
shall
be
a
nonvoting,
ex
officio
member
of
the
council.
Sec.
189.
Section
100B.1,
subsection
3,
Code
2024,
is
Senate
File
2385,
p.
66
amended
to
read
as
follows:
3.
Six
Four
voting
members
of
the
council
shall
constitute
a
quorum.
For
the
purpose
of
conducting
business,
a
majority
vote
of
the
council
shall
be
required.
The
council
shall
elect
a
chairperson
from
its
members.
The
council
shall
meet
at
the
call
of
the
chairperson,
or
the
state
fire
marshal,
or
when
any
six
four
members
of
the
council
file
a
written
request
with
the
chairperson
for
a
meeting.
Sec.
190.
Section
100C.1,
subsection
5,
Code
2024,
is
amended
to
read
as
follows:
5.
“Automatic
fire
extinguishing
system”
means
a
system
of
devices
and
equipment
that
automatically
detects
a
fire
and
discharges
an
approved
fire
extinguishing
agent
onto
or
in
the
area
of
a
fire
and
includes
automatic
sprinkler
systems,
carbon
dioxide
extinguishing
systems,
deluge
systems,
automatic
dry-chemical
extinguishing
systems,
foam
extinguishing
systems,
and
halogenated
extinguishing
systems,
or
other
equivalent
fire
extinguishing
technologies
recognized
by
the
fire
extinguishing
system
contractors
advisory
board
department
.
Sec.
191.
Section
100C.7,
Code
2024,
is
amended
to
read
as
follows:
100C.7
Administration
——
rules.
The
director
shall
administer
this
chapter
and
,
after
consultation
with
the
fire
extinguishing
system
contractors
and
alarm
systems
advisory
board,
shall
adopt
rules
pursuant
to
chapter
17A
necessary
for
the
administration
and
enforcement
of
this
chapter
.
Sec.
192.
Section
100D.5,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
After
consultation
with
the
fire
extinguishing
system
contractors
and
alarm
systems
advisory
board
established
pursuant
to
section
100C.10
,
adopt
Adopt
rules
pursuant
to
chapter
17A
necessary
for
the
administration
and
enforcement
of
this
chapter
.
Sec.
193.
Section
123.8,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
commission,
in
addition
to
the
duties
specifically
enumerated
in
this
chapter
,
shall
act
as
a
policy-making
body
under
this
chapter
and
serve
in
an
advisory
capacity
to
the
Senate
File
2385,
p.
67
director
and
department.
Sec.
194.
Section
123.8,
subsection
2,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
commission
may
review
and
affirm,
reverse,
or
amend
all
provide
advice
and
make
recommendations
regarding
the
actions
of
the
director
under
this
chapter
,
including
but
not
limited
to
the
following
instances:
Sec.
195.
Section
123.10,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
director,
with
the
approval
advice
of
the
commission
and
subject
to
chapter
17A
,
may
adopt
rules
as
necessary
to
carry
out
this
chapter
.
The
director’s
authority
under
this
chapter
extends
to
,
but
is
not
limited
to
,
the
following:
Sec.
196.
Section
123.49,
subsection
2,
paragraph
f,
subparagraph
(4),
Code
2024,
is
amended
to
read
as
follows:
(4)
If
a
person
employed
under
this
paragraph
reports
an
incident
of
workplace
harassment
to
the
employer
or
if
the
employer
otherwise
becomes
aware
of
such
an
incident,
the
employer
shall
report
the
incident
to
the
employee’s
parent,
guardian,
or
legal
custodian
and
to
the
Iowa
office
of
civil
rights
commission
,
which
shall
determine
if
any
action
is
necessary
or
appropriate
under
chapter
216
.
Sec.
197.
Section
124.551,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
Contingent
upon
the
receipt
of
funds
pursuant
to
section
124.557
sufficient
to
carry
out
the
purposes
of
this
subchapter
,
the
board,
in
conjunction
with
the
advisory
council
committee
created
in
section
124.555
,
shall
establish
and
maintain
an
information
program
for
drug
prescribing
and
dispensing.
Sec.
198.
Section
124.553,
subsection
1,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
An
individual
who
requests
the
individual’s
own
program
information
in
accordance
with
the
procedure
established
in
rules
of
the
board
and
advisory
council
adopted
under
section
124.554
.
Sec.
199.
Section
124.554,
subsection
1,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
board
and
advisory
council
shall
jointly
adopt
rules
in
Senate
File
2385,
p.
68
accordance
with
chapter
17A
to
carry
out
the
purposes
of,
and
to
enforce
the
provisions
of,
this
subchapter
.
The
rules
shall
include
but
not
be
limited
to
the
development
of
procedures
relating
to:
Sec.
200.
Section
124.554,
subsection
1,
paragraphs
f,
g,
and
h,
Code
2024,
are
amended
to
read
as
follows:
f.
Use
by
the
board
or
advisory
council
committee
of
the
program
request
records
required
by
section
124.553,
subsection
2
,
to
document
and
report
statistical
information.
g.
Including
all
schedule
II,
schedule
III,
and
schedule
IV
controlled
substances,
schedule
V
controlled
substances
including
when
dispensed
by
a
pharmacist
without
a
prescription
except
for
sales
of
pseudoephedrine
that
are
reported
to
the
real-time
electronic
repository,
opioid
antagonists,
and
other
prescription
substances
that
the
advisory
council
committee
and
board
determine
can
be
addictive
or
fatal
if
not
taken
under
the
proper
care
and
direction
of
a
prescribing
practitioner.
h.
Access
by
a
pharmacist
or
prescribing
practitioner
to
information
in
the
program
pursuant
to
a
written
agreement
with
the
board
and
advisory
council
.
Sec.
201.
Section
124.554,
subsection
2,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
Beginning
February
1,
2021,
and
annually
by
February
1
thereafter,
the
board
and
advisory
council
shall
present
to
the
general
assembly
and
the
governor
a
report
prepared
consistent
with
section
124.555,
subsection
3
,
paragraph
“d”
,
which
shall
include
but
not
be
limited
to
the
following:
Sec.
202.
Section
124.554,
subsection
2,
paragraphs
b
and
c,
Code
2024,
are
amended
to
read
as
follows:
b.
Information
from
pharmacies,
prescribing
practitioners,
the
board,
the
advisory
council
committee
,
and
others
regarding
the
benefits
or
detriments
of
the
program.
c.
Information
from
pharmacies,
prescribing
practitioners,
the
board,
the
advisory
council
committee
,
and
others
regarding
the
board’s
effectiveness
in
providing
information
from
the
program.
Sec.
203.
Section
124.554,
subsection
3,
paragraph
a,
subparagraph
(6),
Code
2024,
is
amended
to
read
as
follows:
(6)
Other
pertinent
information
identified
by
the
board
and
Senate
File
2385,
p.
69
advisory
council
by
rule.
Sec.
204.
Section
124.555,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
An
advisory
council
committee
shall
be
established
to
provide
oversight
to
assist
the
board
and
in
the
management
of
the
program
and
to
comanage
program
activities.
Sec.
205.
Section
124.555,
subsections
1
and
2,
Code
2024,
are
amended
to
read
as
follows:
1.
The
council
committee
shall
consist
of
five
members
appointed
by
the
board.
The
members
shall
include
at
least
one
licensed
pharmacist
prescribing
practitioner
licensed
by
the
board
,
one
physician
licensed
under
chapter
148
,
one
prescribing
practitioner
licensed
by
the
board
of
nursing
,
and
one
licensed
prescribing
practitioner
who
is
not
a
physician,
and
other
members
as
determined
by
the
board.
The
board
shall
adopt
rules
in
accordance
with
chapter
17A
on
matters
pertaining
to
the
council
committee
membership,
including
the
terms
of
appointment
and
quorum.
The
board
shall
solicit
recommendations
for
council
committee
members
from
Iowa
health
professional
licensing
boards,
associations,
and
societies.
The
license
of
each
member
appointed
to
and
serving
on
the
advisory
council
committee
shall
be
current
and
in
good
standing
with
the
professional’s
licensing
board.
2.
The
council
committee
shall
advance
the
goals
of
the
program,
which
include
identification
of
misuse
and
diversion
of
controlled
substances
identified
pursuant
to
section
124.554,
subsection
1
,
paragraph
“g”
,
and
enhancement
of
the
quality
of
health
care
delivery
in
this
state.
Sec.
206.
Section
124.555,
subsection
3,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
Duties
of
the
council
committee
shall
include
but
not
be
limited
to
the
following:
Sec.
207.
Section
124.555,
subsection
3,
paragraph
d,
Code
2024,
is
amended
to
read
as
follows:
d.
Making
recommendations
regarding
the
continued
benefits
of
maintaining
the
program
in
relationship
to
cost
and
other
burdens
to
the
patient,
prescribing
practitioner,
pharmacist,
and
the
board.
The
council’s
committee’s
recommendations
shall
be
included
in
reports
required
by
section
124.554,
subsection
Senate
File
2385,
p.
70
2
.
Sec.
208.
Section
124.555,
subsection
4,
Code
2024,
is
amended
to
read
as
follows:
4.
Members
of
the
advisory
council
committee
shall
be
eligible
to
request
and
receive
actual
expenses
for
their
duties
as
members
of
the
advisory
council
committee
,
subject
to
reimbursement
limits
imposed
by
the
department
of
administrative
services,
and
shall
also
be
eligible
to
receive
a
per
diem
compensation
as
provided
in
section
7E.6,
subsection
1
.
Sec.
209.
Section
124.556,
Code
2024,
is
amended
to
read
as
follows:
124.556
Education
and
treatment.
The
program
shall
include
education
initiatives
and
outreach
to
consumers,
prescribing
practitioners,
and
pharmacists,
and
shall
also
include
assistance
for
identifying
substance
use
disorder
treatment
programs
and
providers.
The
program
shall
also
include
educational
updates
and
information
on
general
patient
risk
factors
for
prescribing
practitioners.
The
board
and
advisory
council
shall
adopt
rules,
as
provided
under
section
124.554
,
to
implement
this
section
.
Sec.
210.
Section
135.11,
subsection
22,
Code
2024,
is
amended
to
read
as
follows:
22.
In
consultation
with
the
advisory
committee
for
perinatal
guidelines,
develop
Develop
and
maintain
the
statewide
perinatal
program
based
on
the
recommendations
of
the
American
academy
of
pediatrics
and
the
American
college
of
obstetricians
and
gynecologists
contained
in
the
most
recent
edition
of
the
guidelines
for
perinatal
care,
and
adopt
rules
in
accordance
with
chapter
17A
to
implement
those
recommendations.
Hospitals
within
the
state
shall
determine
whether
to
participate
in
the
statewide
perinatal
program,
and
select
the
hospital’s
level
of
participation
in
the
program.
A
hospital
having
determined
to
participate
in
the
program
shall
comply
with
the
guidelines
appropriate
to
the
level
of
participation
selected
by
the
hospital.
Perinatal
program
surveys
and
reports
are
privileged
and
confidential
and
are
not
subject
to
discovery,
subpoena,
or
other
means
of
legal
compulsion
for
their
release
to
a
person
other
than
Senate
File
2385,
p.
71
the
affected
hospital,
and
are
not
admissible
in
evidence
in
a
judicial
or
administrative
proceeding
other
than
a
proceeding
involving
verification
of
the
participating
hospital
under
this
subsection
.
Sec.
211.
Section
135.43,
subsections
1
and
2,
Code
2024,
are
amended
to
read
as
follows:
1.
An
Iowa
child
death
A
state
mortality
review
team
committee
is
established
in
the
department.
The
department
shall
provide
staffing
and
administrative
support
to
the
team
committee
.
2.
The
membership
of
the
review
team
committee
is
subject
to
the
provisions
of
sections
69.16
and
69.16A
,
relating
to
political
affiliation
and
gender
balance.
Review
team
committee
members
who
are
not
designated
by
another
appointing
authority
shall
be
appointed
by
the
director.
Membership
terms
shall
be
for
three
years.
A
membership
vacancy
shall
be
filled
in
the
same
manner
as
the
original
appointment.
The
review
team
committee
shall
elect
a
chairperson
and
other
officers
as
deemed
necessary
by
the
review
team
committee
.
The
review
team
committee
shall
meet
upon
the
call
of
the
director
or
as
determined
by
the
review
team
committee
.
The
review
team
committee
shall
include
the
following:
a.
The
state
medical
examiner
or
the
state
medical
examiner’s
designee.
b.
A
certified
or
licensed
professional
who
is
knowledgeable
concerning
sudden
infant
death
syndrome.
c.
A
pediatrician
who
is
knowledgeable
concerning
deaths
of
children.
d.
A
family
practice
physician
who
is
knowledgeable
concerning
deaths
of
children.
e.
One
mental
health
professional
who
is
knowledgeable
concerning
deaths
of
children.
f.
One
social
worker
who
is
knowledgeable
concerning
deaths
of
children.
g.
A
certified
or
licensed
professional
who
is
knowledgeable
concerning
domestic
violence.
h.
A
professional
who
is
knowledgeable
concerning
substance
use
disorder.
i.
A
local
law
enforcement
official.
Senate
File
2385,
p.
72
j.
A
county
attorney.
k.
An
emergency
room
nurse
who
is
knowledgeable
concerning
the
deaths
of
children.
l.
A
perinatal
expert.
m.
A
representative
of
the
health
insurance
industry.
n.
One
other
member
who
is
appointed
at
large.
b.
A
licensed
physician
knowledgeable
concerning
the
causes
of
death.
c.
A
certified
or
licensed
professional
knowledgeable
regarding
substance
use
disorder.
d.
An
attorney
experienced
in
prosecuting
domestic
abuse
cases.
e.
An
expert
in
unexpected
or
unexplained
infant
deaths.
f.
A
clerk
of
a
district
court,
to
be
appointed
by
the
chief
justice
of
the
supreme
court.
g.
A
judicial
officer,
to
be
appointed
by
the
chief
justice
of
the
supreme
court.
h.
A
local
law
enforcement
official.
i.
A
social
worker
knowledgeable
about
deaths
of
children.
j.
Additional
members
as
determined
by
the
director.
Sec.
212.
Section
135.43,
subsection
3,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
review
team
committee
shall
perform
the
following
duties:
Sec.
213.
Section
135.43,
subsection
3,
paragraphs
a,
c,
e,
f,
and
g,
Code
2024,
are
amended
to
read
as
follows:
a.
Collect,
review,
and
analyze
child
death
certificates
and
child
death
data,
including
patient
records
or
other
pertinent
confidential
information
concerning
the
deaths
of
children
under
age
eighteen,
and
other
information
as
the
review
team
committee
deems
appropriate
for
use
in
preparing
an
annual
report
to
the
governor
and
the
general
assembly
concerning
the
causes
and
manner
of
child
deaths.
The
report
shall
include
analysis
of
factual
information
obtained
through
review
and
recommendations
regarding
prevention
of
child
deaths.
c.
Recommend
to
the
agencies
represented
on
the
review
team
committee
changes
which
may
prevent
child
deaths.
e.
Recommend
to
the
department,
appropriate
law
enforcement
agencies,
and
any
other
person
involved
with
child
protection,
Senate
File
2385,
p.
73
interventions
that
may
prevent
harm
to
a
child
who
is
related
to
or
is
living
in
the
same
home
as
a
child
whose
case
is
reviewed
by
the
team
committee
.
f.
If
the
sharing
of
information
is
necessary
to
assist
in
or
initiate
a
child
death
investigation
or
criminal
prosecution
and
the
office
or
agency
receiving
the
information
does
not
otherwise
have
access
to
the
information,
share
information
possessed
by
the
review
team
committee
with
the
office
of
the
attorney
general,
a
county
attorney’s
office,
or
an
appropriate
law
enforcement
agency.
The
office
or
agency
receiving
the
information
shall
maintain
the
confidentiality
of
the
information
in
accordance
with
this
section
.
Unauthorized
release
or
disclosure
of
the
information
received
is
subject
to
penalty
as
provided
in
this
section
.
g.
In
order
to
assist
the
department
in
performing
the
department’s
duties,
if
the
department
does
not
otherwise
have
access
to
the
information,
share
information
possessed
by
the
review
team
committee
.
The
recipient
of
the
information
shall
maintain
the
confidentiality
of
the
information
in
accordance
with
this
section
.
Unauthorized
release
or
disclosure
of
the
information
received
is
subject
to
penalty
as
provided
in
this
section
.
Sec.
214.
Section
135.43,
subsection
4,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
department
shall
develop
protocols
for
a
child
fatality
review
committee,
to
be
appointed
by
the
director
on
an
ad
hoc
basis,
the
state
mortality
review
committee
to
immediately
review
the
child
abuse
assessments
which
involve
the
fatality
of
a
child
under
age
eighteen.
The
director
shall
appoint
a
medical
examiner,
a
pediatrician,
and
a
person
involved
with
law
enforcement
to
the
committee.
Sec.
215.
Section
135.43,
subsection
4,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
The
purpose
of
the
review
shall
be
to
determine
whether
the
department
and
others
involved
with
the
case
of
child
abuse
responded
appropriately.
The
protocols
shall
provide
for
the
committee
to
consult
with
any
multidisciplinary
team,
as
defined
in
section
235A.13
,
that
is
operating
in
the
area
in
which
the
fatality
occurred.
The
protocols
shall
also
ensure
Senate
File
2385,
p.
74
that
a
member
of
the
child
fatality
review
committee
does
not
have
a
conflict
of
interest
regarding
the
child
fatality
under
review.
Sec.
216.
Section
135.43,
subsection
5,
paragraph
a,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
following
individuals
shall
designate
a
liaison
to
assist
the
review
team
committee
in
fulfilling
its
responsibilities:
Sec.
217.
Section
135.43,
subsection
5,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
In
addition,
the
department
shall
designate
a
liaison
from
the
public
at
large
to
assist
the
review
team
committee
in
fulfilling
its
responsibilities.
Sec.
218.
Section
135.43,
subsections
6,
7,
and
8,
Code
2024,
are
amended
to
read
as
follows:
6.
The
review
team
committee
may
establish
subcommittees
to
which
the
team
committee
may
delegate
some
or
all
of
the
team’s
committee’s
responsibilities
under
subsection
3
.
7.
a.
The
department
shall
adopt
rules
providing
for
disclosure
of
information
which
is
confidential
under
chapter
22
or
any
other
provision
of
state
law,
to
the
review
team
committee
for
purposes
of
performing
its
child
death
and
child
abuse
review
responsibilities.
b.
A
person
in
possession
or
control
of
medical,
investigative,
assessment,
or
other
information
pertaining
to
a
child
death
and
child
abuse
review
shall
allow
the
inspection
and
reproduction
of
the
information
by
the
department
upon
the
request
of
the
department,
to
be
used
only
in
the
administration
and
for
the
duties
of
the
Iowa
child
death
state
mortality
review
team
committee
.
Except
as
provided
for
a
report
on
a
child
fatality
by
an
ad
hoc
child
fatality
review
the
committee
under
subsection
4
,
information
and
records
produced
under
this
section
which
are
confidential
under
section
22.7
and
chapter
235A
,
and
information
or
records
received
from
the
confidential
records,
remain
confidential
under
this
section
.
A
person
does
not
incur
legal
liability
by
reason
of
releasing
information
to
the
department
as
required
under
and
in
compliance
with
this
section
.
Senate
File
2385,
p.
75
8.
Review
team
committee
members
and
their
agents
are
immune
from
any
liability,
civil
or
criminal,
which
might
otherwise
be
incurred
or
imposed
as
a
result
of
any
act,
omission,
proceeding,
decision,
or
determination
undertaken
or
performed,
or
recommendation
made
as
a
review
team
committee
member
or
agent
provided
that
the
review
team
committee
members
or
agents
acted
in
good
faith
and
without
malice
in
carrying
out
their
official
duties
in
their
official
capacity.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
subsection
.
A
complainant
bears
the
burden
of
proof
in
establishing
malice
or
lack
of
good
faith
in
an
action
brought
against
review
team
committee
members
involving
the
performance
of
their
duties
and
powers
under
this
section
.
Sec.
219.
Section
135.108,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
01.
“Committee”
or
“review
committee”
means
the
state
mortality
review
committee
established
in
section
135.43.
Sec.
220.
Section
135.108,
subsection
4,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
221.
Section
135.110,
subsection
1,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
review
team
committee
shall
perform
the
following
duties:
Sec.
222.
Section
135.110,
subsection
1,
paragraphs
b
and
c,
Code
2024,
are
amended
to
read
as
follows:
b.
Advise
and
consult
the
agencies
represented
on
the
team
and
other
state
agencies
regarding
program
and
regulatory
changes
that
may
prevent
domestic
abuse
deaths.
c.
Develop
protocols
for
domestic
abuse
death
investigations
and
team
committee
review.
Sec.
223.
Section
135.110,
subsections
2,
3,
4,
5,
and
6,
Code
2024,
are
amended
to
read
as
follows:
2.
In
performing
duties
pursuant
to
subsection
1
,
the
review
team
committee
shall
review
the
relationship
between
the
decedent
victim
and
the
alleged
or
convicted
perpetrator
from
the
point
where
the
abuse
allegedly
began,
until
the
domestic
abuse
death
occurred,
and
shall
review
all
relevant
documents
pertaining
to
the
relationship
between
the
parties,
including
Senate
File
2385,
p.
76
but
not
limited
to
protective
orders
and
dissolution,
custody,
and
support
agreements
and
related
court
records,
in
order
to
ascertain
whether
a
correlation
exists
between
certain
events
in
the
relationship
and
any
escalation
of
abuse,
and
whether
patterns
can
be
established
regarding
such
events
in
relation
to
domestic
abuse
deaths
in
general.
The
review
team
committee
shall
consider
such
conclusions
in
making
recommendations
pursuant
to
subsection
1
.
3.
The
team
committee
shall
meet
upon
the
call
of
the
chairperson,
upon
the
request
of
a
state
agency,
or
as
determined
by
a
majority
of
the
team
committee
.
4.
The
team
committee
shall
annually
elect
a
chairperson
and
other
officers
as
deemed
necessary
by
the
team
committee
.
5.
The
team
committee
may
establish
committees
subcommittees
or
panels
to
whom
the
team
committee
may
assign
some
or
all
of
the
team’s
committee’s
responsibilities.
6.
Members
of
the
team
committee
who
are
currently
practicing
attorneys
or
current
employees
of
the
judicial
branch
of
state
government
shall
not
participate
in
the
following:
a.
An
investigation
by
the
team
committee
that
involves
a
case
in
which
the
team
committee
member
is
presently
involved
in
the
member’s
professional
capacity.
b.
Development
of
protocols
by
the
team
committee
for
domestic
abuse
death
investigations
and
team
committee
review.
c.
Development
of
regulatory
changes
related
to
domestic
abuse
deaths.
Sec.
224.
Section
135.111,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
A
person
in
possession
or
control
of
medical,
investigative,
or
other
information
pertaining
to
a
domestic
abuse
death
and
related
incidents
and
events
preceding
the
domestic
abuse
death,
shall
allow
for
the
inspection
and
review
of
written
or
photographic
information
related
to
the
death,
whether
the
information
is
confidential
or
public
in
nature,
by
the
department
upon
the
request
of
the
department
and
the
team
committee
,
to
be
used
only
in
the
administration
and
for
the
official
duties
of
the
team
committee
.
Information
and
records
produced
under
this
section
that
are
confidential
under
the
law
Senate
File
2385,
p.
77
of
this
state
or
under
federal
law,
or
because
of
any
legally
recognized
privilege,
and
information
or
records
received
from
the
confidential
records,
remain
confidential
under
this
section
.
Sec.
225.
Section
135.112,
Code
2024,
is
amended
to
read
as
follows:
135.112
Rulemaking.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
relating
to
the
administration
of
the
domestic
abuse
death
review
team
committee
and
sections
135.108
through
135.111
.
Sec.
226.
Section
147.13,
subsection
21,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
227.
Section
147.14,
subsection
1,
paragraphs
b,
d,
e,
n,
and
s,
Code
2024,
are
amended
to
read
as
follows:
b.
For
nursing,
four
three
registered
nurses,
two
one
of
whom
shall
be
actively
engaged
in
practice,
two
one
of
whom
shall
be
a
nurse
educators
educator
from
a
nursing
education
programs;
of
these,
one
in
higher
education
and
one
in
area
community
and
vocational-technical
registered
nurse
education
program,
and
one
of
whom
shall
be
an
advanced
registered
nurse
practitioner
;
one
licensed
practical
nurse
actively
engaged
in
practice;
and
two
members
one
member
who
is
not
a
registered
nurses
nurse
or
licensed
practical
nurses
nurse
and
who
shall
represent
the
general
public.
The
representatives
representative
of
the
general
public
shall
not
be
members
a
member
of
a
health
care
delivery
systems
system
.
d.
For
pharmacy,
five
four
members
licensed
to
practice
pharmacy,
one
member
registered
as
a
certified
pharmacy
technician
as
defined
by
the
board
by
rule,
and
two
members
one
member
who
are
is
not
licensed
to
practice
pharmacy
or
registered
as
a
certified
pharmacy
technician
and
who
shall
represent
the
general
public.
e.
For
optometry,
five
four
members
licensed
to
practice
optometry
and
two
members
one
member
who
are
is
not
licensed
to
practice
optometry
and
who
shall
represent
the
general
public.
n.
For
mortuary
science,
four
three
members
licensed
to
practice
mortuary
science,
one
member
owning,
operating,
or
employed
by
a
crematory,
and
two
members
one
member
not
licensed
to
practice
mortuary
science
and
not
a
crematory
Senate
File
2385,
p.
78
owner,
operator,
or
employee
who
shall
represent
the
general
public.
s.
For
sign
language
interpreting
and
transliterating,
four
three
members
licensed
to
practice
interpreting
and
transliterating,
three
two
of
whom
shall
be
practicing
interpreters
and
transliterators
at
the
time
of
appointment
to
the
board
and
at
least
one
of
whom
is
employed
in
an
educational
setting;
and
three
two
members
who
are
consumers
of
interpreting
or
transliterating
services
as
defined
in
section
154E.1
,
each
of
whom
shall
be
deaf
or
hard
of
hearing.
Sec.
228.
Section
147.14,
subsection
1,
paragraph
t,
Code
2024,
is
amended
by
striking
the
paragraph.
Sec.
229.
Section
148.2A,
subsection
2,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
Notwithstanding
sections
17A.11
,
69.16
,
69.16A
,
147.12
,
147.14
,
and
147.19
,
the
board
may
have
a
pool
of
up
to
ten
three
alternate
members,
including
members
licensed
to
practice
under
this
chapter
and
members
not
licensed
to
practice
under
this
chapter
,
to
substitute
for
board
members
who
are
disqualified
or
become
unavailable
for
any
other
reason
for
contested
case
hearings.
Sec.
230.
Section
148.2A,
subsection
2,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
The
board
may
recommend,
subject
to
approval
by
the
governor,
up
to
ten
three
people
to
serve
in
a
pool
of
alternate
members.
Sec.
231.
Section
154A.1,
subsection
1,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
232.
Section
154A.1,
subsection
6,
Code
2024,
is
amended
to
read
as
follows:
6.
“Hearing
aid
specialist”
means
any
person
engaged
in
the
fitting,
dispensing,
and
sale
of
hearing
aids
and
providing
hearing
aid
services
or
maintenance,
by
means
of
procedures
stipulated
by
this
chapter
or
the
board
department
.
Sec.
233.
Section
154A.10,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
Pays
the
necessary
fees
set
by
the
board
department
.
Sec.
234.
Section
154A.12,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
Senate
File
2385,
p.
79
2.
The
board
department
shall
not
require
the
applicant
to
possess
the
degree
of
professional
competence
normally
expected
of
physicians.
Sec.
235.
Section
154A.13,
Code
2024,
is
amended
to
read
as
follows:
154A.13
Temporary
permit.
A
person
who
has
not
been
licensed
as
a
hearing
aid
specialist
may
obtain
a
temporary
permit
from
the
department
upon
completion
of
the
application
accompanied
by
the
written
verification
of
employment
from
a
licensed
hearing
aid
specialist.
The
department
shall
issue
a
temporary
permit
for
one
year
two
years
which
shall
not
be
renewed
or
reissued.
The
fee
for
issuance
of
the
temporary
permit
shall
be
set
by
the
board
department
in
accordance
with
the
provisions
for
establishment
of
fees
by
boards
in
section
147.80
.
The
temporary
permit
entitles
an
applicant
to
engage
in
the
fitting
or
selection
and
sale
of
hearing
aids
under
the
supervision
of
a
person
holding
a
valid
license.
Sec.
236.
Section
154A.19,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
This
chapter
shall
not
prohibit
a
corporation,
partnership,
trust,
association,
or
other
organization
maintaining
an
established
business
address
from
engaging
in
the
business
of
selling
or
offering
for
sale
hearing
aids
at
retail
without
a
license
if
it
employs
only
licensed
hearing
aid
specialists
in
the
direct
fitting
or
selection
and
sale
of
hearing
aids.
Such
an
organization
shall
file
annually
with
the
board
department
a
list
of
all
licensed
hearing
aid
specialists
and
persons
holding
temporary
permits
directly
or
indirectly
employed
by
it.
Such
an
organization
shall
also
file
with
the
board
department
a
statement
on
a
form
approved
by
the
board
department
that
the
organization
submits
itself
to
the
rules
and
regulations
of
the
board
department
and
the
provisions
of
this
chapter
which
the
department
deems
applicable.
Sec.
237.
Section
154A.19,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
This
chapter
shall
not
apply
to
a
person
who
engages
in
practices
covered
by
this
chapter
if
the
person
Senate
File
2385,
p.
80
is
licensed
as
an
audiologist
pursuant
to
chapter
154F.
Sec.
238.
Section
154A.23,
Code
2024,
is
amended
to
read
as
follows:
154A.23
Disciplinary
orders
——
attorney
general.
The
board
department
shall
forward
a
copy
of
all
final
disciplinary
orders,
with
associated
complaints,
to
the
attorney
general
for
consideration
for
prosecution
or
enforcement
when
warranted.
The
attorney
general
and
all
county
attorneys
shall
assist
the
board
and
the
department
in
the
enforcement
of
the
provisions
of
this
chapter
.
Sec.
239.
Section
154A.24,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
board
department
may
revoke
or
suspend
a
license
or
temporary
permit
permanently
or
for
a
fixed
period
for
any
of
the
following
causes:
Sec.
240.
Section
154A.24,
subsection
2,
paragraphs
e
and
s,
Code
2024,
are
amended
to
read
as
follows:
e.
Representing
that
the
service
or
advice
of
a
person
licensed
to
practice
medicine,
or
one
who
is
certificated
as
a
clinical
audiologist
by
the
board
of
speech
pathology
and
audiology
or
its
equivalent,
will
be
used
or
made
available
in
the
fitting
or
selection,
adjustment,
maintenance,
or
repair
of
hearing
aids
when
that
is
not
true,
or
using
the
words
“doctor”,
“clinic”,
“clinical
audiologist”,
“state
approved”,
or
similar
words,
abbreviations,
or
symbols
which
tend
to
connote
the
medical
or
other
professions,
except
where
the
title
“certified
hearing
aid
audiologist”
has
been
granted
by
the
national
hearing
aid
society,
or
that
the
hearing
aid
specialist
has
been
recommended
by
this
state
or
the
board
department
when
such
is
not
accurate.
s.
Such
other
acts
or
omissions
as
the
board
department
may
determine
to
be
unethical
conduct.
Sec.
241.
Section
169.5,
subsection
1,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
The
governor
shall
appoint,
subject
to
confirmation
by
the
senate
pursuant
to
section
2.32
,
a
board
of
five
individuals,
three
of
whom
shall
be
licensed
veterinarians
and
two
of
whom
shall
not
be
licensed
veterinarians
and
shall
represent
the
general
public
,
one
of
whom
shall
be
a
farmer
Senate
File
2385,
p.
81
involved
in
the
production
of
agricultural
animals
.
The
board
shall
be
known
as
the
Iowa
board
of
veterinary
medicine.
Sec.
242.
Section
170.1,
subsection
2,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
243.
Section
170.3B,
Code
2024,
is
amended
to
read
as
follows:
170.3B
Farm
deer
administration
fee.
The
department
may
establish
a
farm
deer
administration
fee
which
shall
be
annually
imposed
on
each
landowner
who
keeps
farm
deer
in
this
state.
The
amount
of
the
fee
shall
not
exceed
two
hundred
dollars
per
year.
The
fee
shall
be
collected
by
the
department
in
a
manner
specified
by
rules
adopted
by
the
department
after
consulting
with
the
farm
deer
council
established
in
section
170.2
.
The
collected
fees
shall
be
credited
to
the
farm
deer
administration
fund
created
pursuant
to
section
170.3C
.
Sec.
244.
Section
190C.1,
subsection
2,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
245.
Section
190C.2B,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
department
shall
implement
and
administer
the
provisions
of
this
chapter
for
agricultural
products
that
have
been
produced
and
handled
within
this
state
using
organic
methods
as
provided
in
this
chapter
.
The
department
may
consult
with
the
council
in
implementing
and
administering
this
chapter
.
The
department
may
certify
agricultural
products
that
have
been
produced
and
handled
outside
this
state
using
an
organic
method
as
provided
in
this
chapter
.
Sec.
246.
Section
190C.3,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
The
department
may
request
assistance
from
the
council
as
provided
in
section
190C.2A
or
from
one
or
more
regional
organic
associations
as
provided
in
section
190C.6
.
Sec.
247.
Section
203.11A,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
The
amount
of
a
civil
penalty
shall
not
exceed
one
thousand
five
hundred
dollars.
Each
day
that
a
violation
continues
shall
constitute
a
separate
violation.
The
amount
of
the
civil
penalty
that
may
be
assessed
in
a
case
shall
Senate
File
2385,
p.
82
not
exceed
the
amount
recommended
by
the
grain
industry
peer
review
panel
established
pursuant
to
section
203.11B
.
Moneys
collected
in
civil
penalties
by
the
department
or
the
attorney
general
shall
be
deposited
in
the
general
fund
of
the
state.
Sec.
248.
Section
203.16,
subsection
8,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
249.
Section
203C.24,
subsection
8,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
250.
Section
203C.36A,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
The
amount
of
a
civil
penalty
shall
not
exceed
one
thousand
five
hundred
dollars.
Each
day
that
a
violation
continues
shall
constitute
a
separate
violation.
The
amount
of
the
civil
penalty
that
may
be
assessed
in
an
administrative
case
shall
not
exceed
the
amount
recommended
by
the
grain
industry
peer
review
panel
established
pursuant
to
section
203.11B
.
Moneys
collected
in
civil
penalties
by
the
department
or
the
attorney
general
shall
be
deposited
in
the
general
fund
of
the
state.
Sec.
251.
Section
206.19,
subsection
5,
Code
2024,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
c.
(1)
A
person
subject
to
a
civil
penalty
pursuant
to
this
subsection
may
submit
an
appeal
to
the
department.
The
appeal
shall
be
referred
to
an
administrative
law
judge
for
hearing
as
a
contested
case
pursuant
to
chapter
17A.
(2)
This
paragraph
does
not
apply
to
a
license
revocation
proceeding.
This
paragraph
does
not
require
the
department
to
delay
the
prosecution
of
a
case
if
immediate
action
is
necessary
to
reduce
the
risk
of
harm
to
the
environment
or
public
health
or
safety.
This
section
also
does
not
require
a
review
or
response
if
the
department
refers
a
violation
of
this
chapter
for
criminal
prosecution,
or
for
an
action
involving
a
stop
order
issued
pursuant
to
section
206.16.
(3)
An
available
response
by
the
department
may
be
used
as
evidence
in
an
administrative
hearing,
or
a
civil
or
criminal
case,
except
to
the
extent
that
information
is
considered
confidential
pursuant
to
section
22.7.
Sec.
252.
Section
216.2,
Code
2024,
is
amended
by
adding
the
Senate
File
2385,
p.
83
following
new
subsections:
NEW
SUBSECTION
.
01.
“Agency”
means
the
administrative
function
of
the
Iowa
office
of
civil
rights,
including
the
director
and
staff.
“Agency”
does
not
include
a
member
of
the
Iowa
state
civil
rights
commission.
NEW
SUBSECTION
.
4A.
“Director”
means
the
director
of
the
Iowa
office
of
civil
rights.
NEW
SUBSECTION
.
11A.
“Office”
means
the
Iowa
office
of
civil
rights.
Sec.
253.
Section
216.2,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
“Commission”
means
the
Iowa
state
civil
rights
commission
created
by
this
chapter
within
the
Iowa
office
of
civil
rights
.
Sec.
254.
Section
216.3,
subsections
1
and
3,
Code
2024,
are
amended
to
read
as
follows:
1.
The
Iowa
state
civil
rights
commission
is
created
within
the
department
of
inspections,
appeals,
and
licensing
consisting
of
seven
five
members
appointed
by
the
governor
subject
to
confirmation
by
the
senate.
Appointments
shall
be
made
to
provide
geographical
area
representation
insofar
as
practicable.
No
more
than
four
three
members
of
the
commission
shall
belong
to
the
same
political
party.
Members
appointed
to
the
commission
shall
serve
for
four-year
staggered
terms
beginning
and
ending
as
provided
by
section
69.19
.
3.
The
governor
subject
to
confirmation
by
the
senate
shall
appoint
a
director
who
shall
serve
as
the
executive
officer
of
the
commission
head
of
the
agency.
The
governor
shall
set
the
salary
of
the
director
within
the
applicable
salary
range
established
by
the
general
assembly.
The
director
shall
adopt
rules
pursuant
to
chapter
17A
consistent
with
and
necessary
for
the
enforcement
of
this
chapter.
The
director
shall
advise
and
support
the
commission
in
fulfilling
the
commission’s
duties
and
responsibilities
under
section
216.5A
.
Sec.
255.
Section
216.4,
Code
2024,
is
amended
to
read
as
follows:
216.4
Compensation
and
expenses
——
rules
procedures
.
Commissioners
shall
be
paid
a
per
diem
as
specified
in
section
7E.6
and
shall
be
reimbursed
for
actual
and
necessary
expenses
incurred
while
on
official
commission
business.
All
Senate
File
2385,
p.
84
per
diem
and
expense
moneys
paid
to
commissioners
shall
be
paid
from
funds
appropriated
to
the
commission
office
.
The
commission
shall
adopt,
amend
,
or
rescind
rules
procedures
as
necessary
for
the
conduct
of
its
meetings.
A
quorum
shall
consist
of
four
three
commissioners.
Sec.
256.
Section
216.5,
Code
2024,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
216.5
Powers
and
duties
of
agency.
The
agency
shall
have
the
following
powers
and
duties:
1.
To
receive,
investigate,
mediate,
conciliate,
and
determine
the
merits
of
complaints
alleging
illegal
discriminatory
practices.
The
agency
shall
not
disclose
the
filing
of
a
complaint,
the
information
gathered
during
the
investigation,
or
the
endeavors
to
eliminate
such
illegal
discriminatory
practice
by
mediation
or
conciliation,
unless
such
disclosure
is
made
in
connection
with
the
agency’s
investigation.
2.
To
investigate
compliance
with
conciliation
agreements
and
pursue
appropriate
remedies
up
to
and
including
filing
in
district
court.
3.
To
investigate,
study,
and
report
on
the
existence,
causes,
and
extent
of
illegal
discrimination,
as
deemed
necessary
by
the
director.
4.
To
provide
education
and
outreach
regarding
illegal
discrimination,
including
individuals
and
organizations.
5.
To
seek
a
temporary
injunction
against
a
respondent
when
it
appears
that
a
complainant
may
suffer
irreparable
injury
as
a
result
of
an
alleged
violation
of
this
chapter.
Unless
otherwise
specified
in
this
chapter,
a
temporary
injunction
may
be
issued
only
after
the
respondent
has
been
notified
and
afforded
an
opportunity
to
be
heard.
6.
To
hold
contested
case
hearings
upon
any
complaint
made
against
a
respondent,
and
all
of
the
following:
a.
To
subpoena
witnesses
and
compel
their
attendance.
b.
To
administer
oaths
and
take
the
testimony
of
any
person
under
oath.
c.
To
compel
a
respondent
to
produce
for
examination
any
books
and
papers
relating
to
the
complaint.
7.
To
issue
subpoenas
at
the
request
of
a
party
in
contested
Senate
File
2385,
p.
85
hearings.
8.
To
petition
the
district
court
for
issuance
of
a
subpoena
and
the
court,
in
a
proper
case,
shall
issue
the
subpoena
for
contested
case
hearings.
Refusal
to
obey
a
district
court
subpoena
shall
be
subject
to
punishment
for
contempt.
9.
To
pursue
the
entry
of
a
consent
decree
in
district
court
for
conciliation
agreements.
10.
To
petition
and
appear
before
the
district
court
for
the
enforcement
of
office
orders
following
a
contested
case
hearing.
11.
To
provide
education
opportunities
and
informal
technical
advice
to
local
commissions
regarding
legal
developments,
case
process
improvements,
and
cooperation
for
cross-filing.
12.
To
prepare
and
transmit
to
the
governor
and
the
general
assembly
an
annual
report
describing
performance
outcomes
of
the
agency.
13.
To
make
recommendations
to
the
governor
and
general
assembly
for
such
further
legislation
concerning
illegal
discrimination
as
deemed
necessary
by
the
director.
14.
To
adopt,
publish,
amend,
and
rescind
office
rules
pursuant
to
chapter
17A
consistent
with
and
necessary
for
the
enforcement
of
this
chapter.
15.
To
receive,
administer,
dispense,
and
account
for
any
moneys
that
may
be
granted
or
voluntarily
contributed
to
the
office
for
furthering
the
purposes
of
this
chapter.
16.
To
utilize
volunteers
to
aid
in
the
conduct
of
the
agency’s
duties
as
deemed
necessary
by
the
director.
17.
To
issue
a
copy
of
the
case
file
to
any
party
following
the
issuance
of
a
right
to
sue
letter,
the
filing
of
a
contested
case,
or
the
filing
of
an
action
for
judicial
review.
18.
To
issue
protective
orders
in
case
files
when
necessary.
Sec.
257.
NEW
SECTION
.
216.5A
Powers
and
duties
of
commission.
The
commission
shall
have
the
following
powers
and
duties:
1.
To
adopt,
amend,
or
rescind
procedures
as
necessary
for
the
conduct
of
commission
meetings.
2.
To
sit
as
the
final
reviewing
body
for
decisions
issued
by
an
administrative
law
judge
following
an
appeal
from
a
Senate
File
2385,
p.
86
contested
case
hearing.
3.
To
make
policy
recommendations
to
the
director
for
consideration
to
be
incorporated
with
any
recommendations
from
the
agency
to
the
governor
and
general
assembly.
Sec.
258.
Section
216.8C,
subsections
3
and
4,
Code
2024,
are
amended
to
read
as
follows:
3.
The
commission
agency
,
in
consultation
with
the
consumer
protection
division
of
the
office
of
the
attorney
general,
shall
adopt
rules
regarding
the
making
of
a
written
finding
by
licensees
under
this
section
.
The
rules
shall
include
a
form
for
licensees
to
document
the
licensees’
written
finding.
The
form
shall
recite
this
section’s
requirements
and
comply
with
the
federal
Fair
Housing
Act,
42
U.S.C.
§3601
et
seq.,
as
amended,
and
section
504
of
the
federal
Rehabilitation
Act
of
1973,
29
U.S.C.
§794,
as
amended.
The
form
must
contain
only
two
questions
regarding
the
qualifications
of
the
patient
or
client,
which
shall
be
whether
a
person
has
a
disability
and
whether
the
need
for
an
assistance
animal
or
service
animal
is
related
to
the
disability.
The
form
must
indicate
that
the
responses
must
be
limited
to
“yes”
or
“no”.
The
form
must
not
allow
for
additional
detail.
4.
A
person
who,
in
the
course
of
employment,
is
asked
to
make
a
finding
of
disability
and
disability-related
need
for
an
assistance
animal
or
service
animal
shall
utilize
the
form
created
by
the
commission
agency
to
document
the
person’s
written
finding.
Sec.
259.
Section
216.12,
subsection
1,
paragraph
d,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
Discrimination
on
the
basis
of
familial
status
involving
dwellings
provided
under
any
state
or
federal
program
specifically
designed
and
operated
to
assist
elderly
persons,
as
defined
in
the
state
or
federal
program
that
the
commission
agency
determines
to
be
consistent
with
determinations
made
by
the
United
States
secretary
of
housing
and
urban
development,
and
housing
for
older
persons.
As
used
in
this
paragraph,
“housing
for
older
persons”
means
housing
communities
consisting
of
dwellings
intended
for
either
of
the
following:
Sec.
260.
Section
216.15,
Code
2024,
is
amended
to
read
as
Senate
File
2385,
p.
87
follows:
216.15
Complaint
——
hearing.
1.
Any
person
claiming
to
be
aggrieved
by
a
discriminatory
or
unfair
practice
may,
in
person
or
by
an
attorney,
make,
sign,
and
file
with
the
commission
agency
a
verified,
written
complaint
which
shall
state
the
name
and
address
of
the
person,
employer,
employment
agency,
or
labor
organization
alleged
to
have
committed
the
discriminatory
or
unfair
practice
of
which
complained,
shall
set
forth
the
particulars
thereof,
and
shall
contain
such
other
information
as
may
be
required
by
the
commission
agency
.
The
commission
Agency
staff
,
a
commissioner,
or
the
attorney
general
may
in
like
manner
make,
sign,
and
file
such
complaint.
2.
Any
place
of
public
accommodation,
employer,
labor
organization,
or
other
person
who
has
any
employees
or
members
who
refuse
or
threaten
to
refuse
to
comply
with
the
provisions
of
this
chapter
may
file
with
the
commission
agency
a
verified
written
complaint
in
triplicate
asking
the
commission
agency
for
assistance
to
obtain
their
compliance
by
conciliation
or
other
remedial
action.
3.
a.
After
the
filing
of
a
verified
complaint,
a
true
copy
shall
be
served
within
twenty
days
on
the
person
against
whom
the
complaint
is
filed,
except
as
provided
in
subsection
4
.
An
authorized
member
of
the
commission
Agency
staff
shall
make
a
prompt
investigation
and
shall
issue
a
recommendation
to
an
administrative
law
judge
employed
by
the
division
of
administrative
hearings
created
by
section
10A.801
,
who
shall
then
issue
a
determination
of
probable
cause
or
no
probable
cause.
b.
For
purposes
of
this
chapter
,
an
administrative
law
judge
issuing
a
determination
of
probable
cause
or
no
probable
cause
under
this
section
is
exempt
from
section
17A.17
.
c.
If
the
administrative
law
judge
concurs
with
the
investigating
official
that
probable
cause
exists
regarding
the
allegations
of
the
complaint,
the
staff
of
the
commission
agency
shall
promptly
endeavor
to
eliminate
the
discriminatory
or
unfair
practice
by
conference,
conciliation,
and
persuasion.
If
the
administrative
law
judge
finds
that
no
probable
cause
exists,
the
administrative
law
judge
shall
issue
a
final
order
Senate
File
2385,
p.
88
dismissing
the
complaint
and
shall
promptly
mail
a
copy
to
the
complainant
and
to
the
respondent.
A
finding
of
probable
cause
shall
not
be
introduced
into
evidence
in
an
action
brought
under
section
216.16
.
d.
The
commission
agency
staff
must
endeavor
to
eliminate
the
discriminatory
or
unfair
practice
by
conference,
conciliation,
and
persuasion
for
a
period
of
thirty
days
following
the
initial
conciliation
meeting
between
the
respondent
and
the
commission
agency
staff
after
a
finding
of
probable
cause.
After
the
expiration
of
thirty
days,
the
director
may
order
the
conciliation
conference
and
persuasion
procedure
provided
in
this
section
to
be
bypassed
when
the
director
determines
the
procedure
is
unworkable
by
reason
of
past
patterns
and
practices
of
the
respondent,
or
a
statement
by
the
respondent
that
the
respondent
is
unwilling
to
continue
with
the
conciliation.
The
director
must
have
the
approval
of
a
commissioner
before
bypassing
the
conciliation,
conference
and
persuasion
procedure.
Upon
the
bypassing
of
conciliation,
the
director
shall
state
in
writing
the
reasons
for
bypassing.
4.
a.
The
commission
agency
may
permit
service
of
a
complaint
on
a
respondent
by
regular
or
electronic
mail.
If
the
respondent
does
not
respond
to
the
service
by
regular
or
electronic
mail
after
ninety
days,
the
commission
agency
shall
serve
the
complaint
on
the
respondent
by
certified
mail
within
twenty
days
after
the
expiration
of
the
ninety-day
response
period
to
service
by
regular
or
electronic
mail.
b.
The
commission
agency
may
also
permit
a
party
to
file
a
response
to
a
complaint,
a
document,
information,
or
other
material,
by
electronic
mail.
c.
The
commission
agency
may
issue
a
notice,
determination,
order,
subpoena,
request,
correspondence,
or
any
other
document
issued
by
the
commission
agency
,
by
electronic
mail.
5.
The
members
of
the
commission
and
its
agency
staff
shall
not
disclose
the
filing
of
a
complaint,
the
information
gathered
during
the
investigation,
or
the
endeavors
to
eliminate
such
discriminatory
or
unfair
practice
by
mediation,
conference,
conciliation,
and
persuasion,
unless
such
disclosure
is
made
in
connection
with
the
conduct
of
such
investigation.
Senate
File
2385,
p.
89
6.
When
the
director
is
satisfied
that
further
endeavor
to
settle
a
complaint
by
conference,
conciliation,
and
persuasion
is
unworkable
and
should
be
bypassed,
and
the
thirty-day
period
provided
for
in
subsection
3
has
expired
without
agreement,
the
director
with
the
approval
of
a
commissioner,
shall
issue
and
cause
to
be
served
a
written
notice
specifying
the
charges
in
the
complaint
as
they
may
have
been
amended
and
the
reasons
for
bypassing
conciliation,
if
the
conciliation
is
bypassed,
and
requiring
the
respondent
to
answer
the
charges
of
the
complaint
at
a
hearing
before
the
commission
agency
,
a
commissioner,
or
a
person
designated
by
the
commission
agency
to
conduct
the
hearing,
hereafter
referred
to
as
the
administrative
law
judge,
and
at
a
time
and
place
to
be
specified
in
the
notice.
7.
The
case
in
support
of
such
complaint
shall
be
presented
at
the
hearing
by
one
of
the
commission’s
agency’s
attorneys
or
agents.
The
investigating
official
shall
not
participate
in
the
hearing
except
as
a
witness
nor
participate
in
the
deliberations
of
the
commission
agency
in
such
case.
8.
The
hearing
shall
be
conducted
in
accordance
with
the
provisions
of
chapter
17A
for
contested
cases.
The
burden
of
proof
in
such
a
hearing
shall
be
on
the
commission
agency
.
9.
If
upon
taking
into
consideration
all
of
the
evidence
at
a
hearing,
the
commission
agency
determines
that
the
respondent
has
engaged
in
a
discriminatory
or
unfair
practice,
the
commission
agency
shall
state
its
findings
of
fact
and
conclusions
of
law
and
shall
issue
an
order
requiring
the
respondent
to
cease
and
desist
from
the
discriminatory
or
unfair
practice
and
to
take
the
necessary
remedial
action
as
in
the
judgment
of
the
commission
agency
will
carry
out
the
purposes
of
this
chapter
.
A
copy
of
the
order
shall
be
delivered
to
the
respondent,
the
complainant,
and
to
any
other
public
officers
and
persons
as
the
commission
agency
deems
proper.
a.
For
the
purposes
of
this
subsection
and
pursuant
to
the
provisions
of
this
chapter
“remedial
action”
includes
but
is
not
limited
to
the
following:
(1)
Hiring,
reinstatement
or
upgrading
of
employees
with
or
without
pay.
Interim
earned
income
and
unemployment
compensation
shall
operate
to
reduce
the
pay
otherwise
Senate
File
2385,
p.
90
allowable.
(2)
Admission
or
restoration
of
individuals
to
a
labor
organization,
admission
to
or
participation
in
a
guidance
program,
apprenticeship
training
program,
on-the-job
training
program
or
other
occupational
training
or
retraining
program,
with
the
utilization
of
objective
criteria
in
the
admission
of
individuals
to
such
programs.
(3)
Admission
of
individuals
to
a
public
accommodation
or
an
educational
institution.
(4)
Sale,
exchange,
lease,
rental,
assignment
or
sublease
of
real
property
to
an
individual.
(5)
Extension
to
all
individuals
of
the
full
and
equal
enjoyment
of
the
advantages,
facilities,
privileges,
and
services
of
the
respondent
denied
to
the
complainant
because
of
the
discriminatory
or
unfair
practice.
(6)
Reporting
as
to
the
manner
of
compliance.
(7)
Posting
notices
in
conspicuous
places
in
the
respondent’s
place
of
business
in
form
prescribed
by
the
commission
agency
and
inclusion
of
notices
in
advertising
material.
(8)
Payment
to
the
complainant
of
damages
for
an
injury
caused
by
the
discriminatory
or
unfair
practice
which
damages
shall
include
but
are
not
limited
to
actual
damages,
court
costs
and
reasonable
attorney
fees.
(9)
For
an
unfair
or
discriminatory
practice
relating
to
wage
discrimination
pursuant
to
section
216.6A
,
payment
to
the
complainant
of
damages
for
an
injury
caused
by
the
discriminatory
or
unfair
practice
which
damages
shall
include
but
are
not
limited
to
court
costs,
reasonable
attorney
fees,
and
either
of
the
following:
(a)
An
amount
equal
to
two
times
the
wage
differential
paid
to
another
employee
compared
to
the
complainant
for
the
period
of
time
for
which
the
complainant
has
been
discriminated
against.
(b)
In
instances
of
willful
violation,
an
amount
equal
to
three
times
the
wage
differential
paid
to
another
employee
as
compared
to
the
complainant
for
the
period
of
time
for
which
the
complainant
has
been
discriminated
against.
b.
In
addition
to
the
remedies
provided
in
the
preceding
Senate
File
2385,
p.
91
provisions
of
this
subsection
,
the
commission
agency
may
issue
an
order
requiring
the
respondent
to
cease
and
desist
from
the
discriminatory
or
unfair
practice
and
to
take
such
affirmative
action
as
in
the
judgment
of
the
commission
agency
will
carry
out
the
purposes
of
this
chapter
as
follows:
(1)
In
the
case
of
a
respondent
operating
by
virtue
of
a
license
issued
by
the
state
or
a
political
subdivision
or
agency,
if
the
commission
agency
,
upon
notice
to
the
respondent
with
an
opportunity
to
be
heard,
determines
that
the
respondent
has
engaged
in
a
discriminatory
or
unfair
practice
and
that
the
practice
was
authorized,
requested,
commanded,
performed
or
knowingly
or
recklessly
tolerated
by
the
board
of
directors
of
the
respondent
or
by
an
officer
or
executive
agent
acting
within
the
scope
of
the
officer’s
or
agent’s
employment,
the
commission
agency
shall
so
certify
to
the
licensing
agency.
Unless
the
commission
agency
finding
of
a
discriminatory
or
unfair
practice
is
reversed
in
the
course
of
judicial
review,
the
finding
of
discrimination
is
binding
on
the
licensing
agency.
If
a
certification
is
made
pursuant
to
this
subsection
,
the
licensing
agency
may
initiate
licensee
disciplinary
procedures.
(2)
In
the
case
of
a
respondent
who
is
found
by
the
commission
agency
to
have
engaged
in
a
discriminatory
or
unfair
practice
in
the
course
of
performing
under
a
contract
or
subcontract
with
the
state
or
political
subdivision
or
agency,
if
the
practice
was
authorized,
requested,
commanded,
performed,
or
knowingly
or
recklessly
tolerated
by
the
board
of
directors
of
the
respondent
or
by
an
officer
or
executive
agent
acting
within
the
scope
of
the
officer’s
or
agent’s
employment,
the
commission
agency
shall
so
certify
to
the
contracting
agency.
Unless
the
commission’s
agency’s
finding
of
a
discriminatory
or
unfair
practice
is
reversed
in
the
course
of
judicial
review,
the
finding
of
discrimination
is
binding
on
the
contracting
agency.
(3)
Upon
receiving
a
certification
made
under
this
subsection
,
a
contracting
agency
may
take
appropriate
action
to
terminate
a
contract
or
portion
thereof
previously
entered
into
with
the
respondent,
either
absolutely
or
on
condition
that
the
respondent
carry
out
a
program
of
compliance
with
Senate
File
2385,
p.
92
the
provisions
of
this
chapter
;
and
assist
the
state
and
all
political
subdivisions
and
agencies
thereof
to
refrain
from
entering
into
further
contracts.
c.
The
election
of
an
affirmative
order
under
paragraph
“b”
of
this
subsection
shall
not
bar
the
election
of
affirmative
remedies
provided
in
paragraph
“a”
of
this
subsection
.
10.
a.
The
terms
of
a
conciliation
or
mediation
agreement
reached
with
the
respondent
may
require
the
respondent
to
refrain
in
the
future
from
committing
discriminatory
or
unfair
practices
of
the
type
stated
in
the
agreement,
to
take
remedial
action
as
in
the
judgment
of
the
commission
agency
will
carry
out
the
purposes
of
this
chapter
,
and
to
consent
to
the
entry
in
an
appropriate
district
court
of
a
consent
decree
embodying
the
terms
of
the
conciliation
or
mediation
agreement.
Violation
of
such
a
consent
decree
may
be
punished
as
contempt
by
the
court
in
which
it
is
filed,
upon
a
showing
by
the
commission
agency
of
the
violation
at
any
time
within
six
months
of
its
occurrence.
At
any
time
in
its
discretion,
the
commission
agency
may
investigate
whether
the
terms
of
the
agreement
are
being
complied
with
by
the
respondent.
b.
Upon
a
finding
that
the
terms
of
the
conciliation
or
mediation
agreement
are
not
being
complied
with
by
the
respondent,
the
commission
agency
shall
take
appropriate
action
to
assure
compliance.
11.
If,
upon
taking
into
consideration
all
of
the
evidence
at
a
hearing,
the
commission
agency
finds
that
a
respondent
has
not
engaged
in
any
such
discriminatory
or
unfair
practice,
the
commission
agency
shall
issue
an
order
denying
relief
and
stating
the
findings
of
fact
and
conclusions
of
the
commission
agency
,
and
shall
cause
a
copy
of
the
order
dismissing
the
complaint
to
be
served
on
the
complainant
and
the
respondent.
12.
The
commission
agency
shall
establish
rules
to
govern,
expedite,
and
effectuate
the
procedures
established
by
this
chapter
and
its
own
actions
thereunder.
13.
Except
as
provided
in
section
614.8
,
a
claim
under
this
chapter
shall
not
be
maintained
unless
a
complaint
is
filed
with
the
commission
agency
within
three
hundred
days
after
the
alleged
discriminatory
or
unfair
practice
occurred.
14.
The
commission
agency
or
a
party
to
a
complaint
may
Senate
File
2385,
p.
93
request
mediation
of
the
complaint
at
any
time
during
the
commission’s
agency’s
processing
of
the
complaint.
If
the
complainant
and
respondent
participate
in
mediation,
any
mediation
agreement
may
be
enforced
pursuant
to
this
section
.
Mediation
may
be
discontinued
at
the
request
of
any
party
or
the
commission
agency
.
Sec.
261.
Section
216.15A,
Code
2024,
is
amended
to
read
as
follows:
216.15A
Additional
proceedings
——
housing
discrimination.
1.
a.
The
commission
agency
may
join
a
person
not
named
in
the
complaint
as
an
additional
or
substitute
respondent
if
in
the
course
of
the
investigation,
the
commission
agency
determines
that
the
person
should
be
alleged
to
have
committed
a
discriminatory
housing
or
real
estate
practice.
b.
In
addition
to
the
information
required
in
the
notice,
the
commission
agency
shall
include
in
a
notice
to
a
respondent
joined
under
this
subsection
an
explanation
of
the
basis
for
the
determination
under
this
subsection
that
the
person
is
properly
joined
as
a
respondent.
2.
a.
The
commission
agency
shall,
during
the
period
beginning
with
the
filing
of
a
complaint
and
ending
with
the
filing
of
a
charge
or
a
dismissal
by
the
commission
agency
,
to
the
extent
feasible,
engage
in
mediation
with
respect
to
the
complaint.
b.
A
mediation
agreement
is
an
agreement
between
a
respondent
and
the
complainant
and
is
subject
to
commission
agency
approval.
c.
A
mediation
agreement
may
provide
for
binding
arbitration
or
other
method
of
dispute
resolution.
Dispute
resolution
that
results
from
a
mediation
agreement
may
authorize
appropriate
relief,
including
monetary
relief.
d.
A
mediation
agreement
shall
be
made
public
unless
the
complainant
and
respondent
agree
otherwise,
and
the
commission
agency
determines
that
disclosure
is
not
necessary
to
further
the
purposes
of
this
chapter
relating
to
unfair
or
discriminatory
practices
in
housing
or
real
estate.
e.
The
proceedings
or
results
of
mediation
shall
not
be
made
public
or
used
as
evidence
in
a
subsequent
proceeding
under
this
chapter
without
the
written
consent
of
the
persons
who
are
Senate
File
2385,
p.
94
party
to
the
mediation.
f.
After
the
completion
of
the
commission’s
agency’s
investigation,
the
commission
agency
shall
make
available
to
the
aggrieved
person
and
the
respondent
information
derived
from
the
investigation
and
the
final
investigation
report
relating
to
that
investigation.
g.
When
the
commission
agency
has
reasonable
cause
to
believe
that
a
respondent
has
breached
a
mediation
agreement,
the
commission
agency
shall
refer
this
matter
to
an
assistant
attorney
general
with
a
recommendation
that
a
civil
action
be
filed
for
the
enforcement
of
the
agreement.
The
assistant
attorney
general
may
commence
a
civil
action
in
the
appropriate
district
court
not
later
than
the
expiration
of
ninety
days
after
referral
of
the
breach.
3.
a.
If
the
commission
agency
concludes,
following
the
filing
of
a
complaint,
that
prompt
judicial
action
is
necessary
to
carry
out
the
purposes
of
this
chapter
relating
to
unfair
or
discriminatory
housing
or
real
estate
practices,
the
commission
agency
may
authorize
a
civil
action
for
appropriate
temporary
or
preliminary
relief
pending
final
disposition
of
the
complaint.
b.
On
receipt
of
the
commission’s
agency’s
authorization,
the
attorney
general
shall
promptly
file
the
action.
c.
A
temporary
restraining
order
or
other
order
granting
preliminary
or
temporary
relief
under
this
section
is
governed
by
the
applicable
Iowa
rules
of
civil
procedure.
d.
The
filing
of
a
civil
action
under
this
section
does
not
affect
the
initiation
or
continuation
of
administrative
proceedings
in
regard
to
an
administrative
hearing.
4.
a.
The
commission
agency
shall
prepare
a
final
investigative
report.
b.
A
final
report
under
this
section
may
be
amended
by
the
commission
agency
if
additional
evidence
is
discovered.
5.
a.
The
commission
agency
shall
determine
based
on
the
facts
whether
probable
cause
exists
to
believe
that
a
discriminatory
housing
or
real
estate
practice
has
occurred
or
is
about
to
occur.
b.
The
commission
agency
shall
make
its
determination
under
paragraph
“a”
not
later
than
one
hundred
days
after
a
complaint
Senate
File
2385,
p.
95
is
filed
unless
any
of
the
following
applies:
(1)
It
is
impracticable
to
make
the
determination
within
that
time
period.
(2)
The
commission
agency
has
approved
a
mediation
agreement
relating
to
the
complaint.
c.
If
it
is
impracticable
to
make
the
determination
within
the
time
period
provided
by
paragraph
“b”
,
the
commission
agency
shall
notify
the
complainant
and
respondent
in
writing
of
the
reasons
for
the
delay.
d.
If
the
commission
agency
determines
that
probable
cause
exists
to
believe
that
a
discriminatory
housing
or
real
estate
practice
has
occurred
or
is
about
to
occur,
the
commission
agency
shall
immediately
issue
a
determination
unless
the
commission
agency
determines
that
the
legality
of
a
zoning
or
land
use
law
or
ordinance
is
involved
as
provided
in
subsection
7
.
6.
a.
A
determination
issued
under
subsection
5
must
include
all
of
the
following:
(1)
Must
consist
of
a
short
and
plain
statement
of
the
facts
on
which
the
commission
agency
has
found
probable
cause
to
believe
that
a
discriminatory
housing
or
real
estate
practice
has
occurred
or
is
about
to
occur.
(2)
Must
be
based
on
the
final
investigative
report.
(3)
Need
not
be
limited
to
the
facts
or
grounds
alleged
in
the
complaint.
b.
Not
later
than
twenty
days
after
the
commission
agency
issues
a
determination,
the
commission
agency
shall
send
a
copy
of
the
determination
with
information
concerning
the
election
under
section
216.16A
to
all
of
the
following
persons:
(1)
Each
respondent,
together
with
a
notice
of
the
opportunity
for
a
hearing
as
provided
under
subsection
10
.
(2)
Each
aggrieved
person
on
whose
behalf
the
complaint
was
filed.
7.
If
the
commission
agency
determines
that
the
matter
involves
the
legality
of
a
state
or
local
zoning
or
other
land
use
ordinance,
the
commission
agency
shall
not
issue
a
determination
and
shall
immediately
refer
the
matter
to
the
attorney
general
for
appropriate
action.
8.
a.
If
the
commission
agency
determines
that
no
probable
Senate
File
2385,
p.
96
cause
exists
to
believe
that
a
discriminatory
housing
or
real
estate
practice
has
occurred
or
is
about
to
occur,
the
commission
agency
shall
promptly
dismiss
the
complaint.
b.
The
commission
agency
shall
make
public
disclosure
of
each
dismissal
under
this
section
.
9.
The
commission
agency
shall
not
issue
a
determination
under
this
section
regarding
an
alleged
discriminatory
housing
or
real
estate
practice
after
the
beginning
of
the
trial
of
a
civil
action
commenced
by
the
aggrieved
party
under
federal
or
state
law
seeking
relief
with
respect
to
that
discriminatory
housing
or
real
estate
practice.
10.
a.
If
a
timely
election
is
not
made
under
section
216.16A
,
the
commission
agency
shall
provide
for
a
hearing
on
the
charges
in
the
complaint.
b.
Except
as
provided
by
paragraph
“c”
,
the
hearing
shall
be
conducted
in
accordance
with
chapter
17A
for
contested
cases.
c.
A
hearing
under
this
section
shall
not
be
continued
regarding
an
alleged
discriminatory
housing
or
real
estate
practice
after
the
beginning
of
the
trial
of
a
civil
action
commenced
by
the
aggrieved
person
under
federal
or
state
law
seeking
relief
with
respect
to
that
discriminatory
housing
or
real
estate
practice.
11.
a.
If
the
commission
agency
determines
at
a
hearing
under
subsection
10
that
a
respondent
has
engaged
or
is
about
to
engage
in
a
discriminatory
housing
or
real
estate
practice,
the
commission
agency
may
order
the
appropriate
relief,
including
actual
damages,
reasonable
attorney
fees,
court
costs,
and
other
injunctive
or
equitable
relief.
b.
To
vindicate
the
public
interest,
the
commission
agency
may
assess
a
civil
penalty
against
the
respondent
in
an
amount
that
does
not
exceed
the
following
applicable
amount:
(1)
Ten
thousand
dollars
if
the
respondent
has
not
been
adjudged
by
the
order
of
the
commission
or
agency
or
a
court
to
have
committed
a
prior
discriminatory
housing
or
real
estate
practice.
(2)
Except
as
provided
by
paragraph
“c”
,
twenty-five
thousand
dollars
if
the
respondent
has
been
adjudged
by
order
of
the
commission
or
agency
or
a
court
to
have
committed
one
other
discriminatory
housing
or
real
estate
practice
during
Senate
File
2385,
p.
97
the
five-year
period
ending
on
the
date
of
the
filing
of
the
complaint.
(3)
Except
as
provided
by
paragraph
“c”
,
fifty
thousand
dollars
if
the
respondent
has
been
adjudged
by
order
of
the
commission
or
agency
or
a
court
to
have
committed
two
or
more
discriminatory
housing
or
real
estate
practices
during
the
seven-year
period
ending
on
the
date
of
the
filing
of
the
complaint.
c.
If
the
acts
constituting
the
discriminatory
housing
or
real
estate
practice
that
is
the
object
of
the
complaint
are
committed
by
the
same
natural
person
who
has
been
previously
adjudged
to
have
committed
acts
constituting
a
discriminatory
housing
or
real
estate
practice,
the
civil
penalties
in
paragraph
“b”
,
subparagraphs
(2)
and
(3)
may
be
imposed
without
regard
to
the
period
of
time
within
which
any
other
discriminatory
housing
or
real
estate
practice
occurred.
d.
At
the
request
of
the
commission
agency
,
the
attorney
general
shall
initiate
legal
proceedings
to
recover
a
civil
penalty
due
under
this
section
.
Funds
collected
under
this
section
shall
be
paid
to
the
treasurer
of
state
for
deposit
in
the
state
treasury
to
the
credit
of
the
general
fund.
12.
This
section
applies
only
to
the
following:
a.
Complaints
which
allege
a
violation
of
the
prohibitions
contained
in
section
216.8
or
216.8A
.
b.
Complaints
which
allege
a
violation
of
section
216.11
or
216.11A
arising
out
of
alleged
violations
of
the
prohibitions
contained
in
section
216.8
or
216.8A
.
13.
If
a
provision
of
this
section
applies
under
the
terms
of
subsection
12
,
and
the
provision
of
this
section
conflicts
with
a
provision
of
section
216.15
,
then
the
provision
contained
within
this
section
shall
prevail.
Similarly,
if
a
provision
of
section
216.16A
or
216.17A
conflicts
with
a
provision
of
section
216.16
or
216.17
,
then
the
provision
contained
in
section
216.16A
or
216.17A
shall
prevail.
Sec.
262.
Section
216.15B,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
A
mediator
may
be
designated
in
writing
by
the
commission
agency
to
conduct
formal
mediation
of
a
complaint
filed
under
this
chapter
.
The
written
designation
must
specifically
refer
Senate
File
2385,
p.
98
to
this
section
.
Sec.
263.
Section
216.16,
subsections
1,
2,
3,
4,
and
6,
Code
2024,
are
amended
to
read
as
follows:
1.
A
person
claiming
to
be
aggrieved
by
an
unfair
or
discriminatory
practice
must
initially
seek
an
administrative
relief
by
filing
a
complaint
with
the
commission
agency
in
accordance
with
section
216.15
.
This
provision
also
applies
to
persons
claiming
to
be
aggrieved
by
an
unfair
or
discriminatory
practice
committed
by
the
state
or
an
agency
or
political
subdivision
of
the
state,
notwithstanding
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
.
2.
After
the
proper
filing
of
a
complaint
with
the
commission
agency
,
a
complainant
may
subsequently
commence
an
action
for
relief
in
the
district
court
if
all
of
the
following
conditions
have
been
satisfied:
a.
The
complainant
has
timely
filed
the
complaint
with
the
commission
agency
as
provided
in
section
216.15,
subsection
13
.
b.
The
complaint
has
been
on
file
with
the
commission
agency
for
at
least
sixty
days
and
the
commission
agency
has
issued
a
release
to
the
complainant
pursuant
to
subsection
3
.
3.
a.
Upon
a
request
by
the
complainant,
and
after
the
expiration
of
sixty
days
from
the
timely
filing
of
a
complaint
with
the
commission
agency
,
the
commission
agency
shall
issue
to
the
complainant
a
release
stating
that
the
complainant
has
a
right
to
commence
an
action
in
the
district
court.
A
release
under
this
subsection
shall
not
be
issued
if
any
of
the
following
apply:
(1)
A
finding
of
no
probable
cause
has
been
made
on
the
complaint
by
the
administrative
law
judge
charged
with
that
duty
under
section
216.15,
subsection
3
.
(2)
A
conciliation
agreement
has
been
executed
under
section
216.15
.
(3)
The
commission
agency
has
served
notice
of
hearing
upon
the
respondent
pursuant
to
section
216.15,
subsection
6
.
(4)
The
complaint
is
closed
as
an
administrative
closure
and
two
years
have
elapsed
since
the
issuance
date
of
the
closure.
b.
Notwithstanding
section
216.15,
subsection
5
,
a
party
may
obtain
a
copy
of
all
documents
contained
in
a
case
file
where
the
commission
agency
has
issued
a
release
to
the
complainant
Senate
File
2385,
p.
99
pursuant
to
this
subsection
.
4.
An
action
authorized
under
this
section
is
barred
unless
commenced
within
ninety
days
after
issuance
by
the
commission
agency
of
a
release
under
subsection
3
.
If
a
complainant
obtains
a
release
from
the
commission
agency
under
subsection
3
,
the
commission
agency
is
barred
from
further
action
on
that
complaint.
6.
The
district
court
may
grant
any
relief
in
an
action
under
this
section
which
is
authorized
by
section
216.15,
subsection
9
,
to
be
issued
by
the
commission
agency
.
The
district
court
may
also
award
the
respondent
reasonable
attorney
fees
and
court
costs
when
the
court
finds
that
the
complainant’s
action
was
frivolous.
Sec.
264.
Section
216.16A,
subsection
1,
paragraphs
b
and
c,
Code
2024,
are
amended
to
read
as
follows:
b.
The
election
must
be
made
not
later
than
twenty
days
after
the
date
of
receipt
by
the
electing
person
of
service
under
section
216.15A,
subsection
5
,
or
in
the
case
of
the
commission
agency
,
not
later
than
twenty
days
after
the
date
the
determination
was
issued.
c.
The
person
making
the
election
shall
give
notice
to
the
commission
agency
and
to
all
other
complainants
and
respondents
to
whom
the
election
relates.
Sec.
265.
Section
216.16A,
subsection
2,
paragraphs
d
and
e,
Code
2024,
are
amended
to
read
as
follows:
d.
If
the
commission
agency
has
obtained
a
mediation
agreement
with
the
consent
of
an
aggrieved
person,
the
aggrieved
person
shall
not
file
an
action
under
this
subsection
with
respect
to
the
alleged
discriminatory
practice
that
forms
the
basis
for
the
complaint
except
to
enforce
the
terms
of
the
agreement.
e.
An
aggrieved
person
shall
not
file
an
action
under
this
subsection
with
respect
to
an
alleged
discriminatory
housing
or
real
estate
practice
that
forms
the
basis
of
a
charge
issued
by
the
commission
agency
if
the
commission
agency
has
begun
a
hearing
on
the
record
under
this
chapter
with
respect
to
the
charge.
Sec.
266.
Section
216.17,
subsections
1,
2,
3,
4,
5,
7,
and
10,
Code
2024,
are
amended
to
read
as
follows:
Senate
File
2385,
p.
100
1.
a.
Judicial
review
of
the
actions
of
the
agency
or
commission
may
be
sought
in
accordance
with
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
.
Notwithstanding
the
terms
of
said
Act,
petition
for
judicial
review
may
be
filed
in
the
district
court
in
which
an
enforcement
proceeding
under
subsection
2
may
be
brought.
b.
For
purposes
of
the
time
limit
for
filing
a
petition
for
judicial
review
under
the
Iowa
administrative
procedure
Act,
chapter
17A
,
specified
by
section
17A.19
,
the
issuance
of
a
final
decision
of
the
agency
or
commission
under
this
chapter
occurs
on
the
date
notice
of
the
decision
is
mailed
to
the
parties.
c.
Notwithstanding
the
time
limit
provided
in
section
17A.19,
subsection
3
,
a
petition
for
judicial
review
of
no-probable-cause
decisions
and
other
final
agency
actions
which
are
not
of
general
applicability
must
be
filed
within
thirty
days
of
the
issuance
of
the
final
agency
action.
2.
The
commission
agency
may
obtain
an
order
of
court
for
the
enforcement
of
agency
or
commission
orders
in
a
proceeding
as
provided
in
this
section
.
Such
an
enforcement
proceeding
shall
be
brought
in
the
district
court
of
the
district
in
the
county
in
which
the
alleged
discriminatory
or
unfair
practice
which
is
the
subject
of
the
agency’s
or
commission’s
order
was
committed,
or
in
which
any
respondent
required
in
the
order
to
cease
or
desist
from
a
discriminatory
or
unfair
practice
or
to
take
other
affirmative
action,
resides,
or
transacts
business.
3.
Such
an
enforcement
proceeding
shall
be
initiated
by
the
filing
of
a
petition
in
such
court
and
the
service
of
a
copy
thereof
upon
the
respondent.
Thereupon
the
commission
agency
shall
file
with
the
court
a
transcript
of
the
record
of
the
hearing
before
it.
The
court
shall
have
power
to
grant
such
temporary
relief
or
restraining
order
as
it
deems
just
and
proper,
and
to
make
and
enter
upon
the
pleadings,
testimony,
and
proceedings
set
forth
in
such
transcript
an
order
enforcing,
modifying,
and
enforcing
as
so
modified,
or
setting
aside
the
order
of
the
agency
or
commission,
in
whole
or
in
part.
4.
An
objection
that
has
not
been
urged
before
the
agency
or
commission
shall
not
be
considered
by
the
court
in
an
Senate
File
2385,
p.
101
enforcement
proceeding,
unless
the
failure
or
neglect
to
urge
such
objection
shall
be
excused
because
of
extraordinary
circumstances.
5.
Any
party
to
the
enforcement
proceeding
may
move
the
court
to
remit
the
case
to
the
agency
or
commission
in
the
interests
of
justice
for
the
purpose
of
adducing
additional
specified
and
material
evidence
and
seeking
findings
thereof,
providing
such
party
shall
show
reasonable
grounds
for
the
failure
to
adduce
such
evidence
before
the
agency
or
commission.
7.
The
agency’s
or
commission’s
copy
of
the
testimony
shall
be
available
to
all
parties
for
examination
at
all
reasonable
times,
without
cost,
and
for
the
purpose
of
judicial
review
of
the
agency’s
or
commission’s
orders.
10.
If
no
proceeding
to
obtain
judicial
review
is
instituted
within
thirty
days
from
the
issuance
of
an
order
of
the
commission
under
section
216.15
or
216.15A
,
the
commission
agency
may
obtain
an
order
of
the
court
for
the
enforcement
of
the
order
upon
showing
that
respondent
is
subject
to
the
jurisdiction
of
the
agency
or
commission
and
resides
or
transacts
business
within
the
county
in
which
the
petition
for
enforcement
is
brought.
Sec.
267.
Section
216.17A,
subsection
1,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
If
timely
election
is
made
under
section
216.16A,
subsection
1
,
the
commission
agency
shall
authorize,
and
not
later
than
thirty
days
after
the
election
is
made,
the
attorney
general
shall
file
a
civil
action
on
behalf
of
the
aggrieved
person
in
a
district
court
seeking
relief.
Sec.
268.
Section
216.17A,
subsections
2,
4,
10,
and
11,
Code
2024,
are
amended
to
read
as
follows:
2.
A
commission
An
agency
order
under
section
216.15A,
subsection
11
,
and
a
an
agency
or
commission
order
that
has
been
substantially
affirmed
by
judicial
review,
do
not
affect
a
contract,
sale,
encumbrance,
or
lease
that
was
consummated
before
the
agency
or
commission
issued
the
order
and
involved
a
bona
fide
purchaser,
encumbrancer,
or
tenant
who
did
not
have
actual
notice
of
the
charge
issued
under
this
chapter
.
4.
If
the
agency
or
commission
issues
an
order
against
a
Senate
File
2385,
p.
102
respondent
against
whom
another
order
was
issued
within
the
preceding
five
years
under
section
216.15A,
subsection
11
,
the
commission
agency
shall
send
a
copy
of
each
order
issued
under
that
section
to
the
attorney
general.
10.
The
attorney
general,
on
behalf
of
the
commission
agency
or
other
party
at
whose
request
a
subpoena
is
issued,
may
enforce
the
subpoena
in
appropriate
proceedings
in
district
court.
11.
A
court
in
a
civil
action
brought
under
this
section
or
the
commission
agency
in
an
administrative
hearing
under
section
216.15A,
subsection
11
,
may
award
reasonable
attorney’s
fees
to
the
prevailing
party
and
assess
court
costs
against
the
nonprevailing
party.
Sec.
269.
Section
216.17A,
subsection
3,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
If
the
agency
or
commission
issues
an
order
with
respect
to
a
discriminatory
housing
practice
that
occurred
in
the
course
of
a
business
subject
to
a
licensing
or
regulation
by
a
governmental
agency,
the
agency
or
commission,
not
later
than
thirty
days
after
the
date
of
issuance
of
the
order,
shall
do
all
of
the
following:
Sec.
270.
Section
216.17A,
subsection
8,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
On
the
request
of
the
agency
or
commission,
the
attorney
general
may
intervene
in
an
action
under
section
216.16A,
subsection
2
,
if
the
agency
or
commission
certifies
that
the
case
is
of
general
public
importance.
Sec.
271.
Section
216.17A,
subsection
9,
paragraph
a,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
On
the
request
of
the
agency
or
commission,
the
attorney
general
may
file
a
civil
action
in
district
court
for
appropriate
relief
if
the
agency
or
commission
has
reasonable
cause
to
believe
that
any
of
the
following
applies:
Sec.
272.
Section
216.19,
subsections
2,
3,
4,
5,
6,
7,
and
8,
Code
2024,
are
amended
to
read
as
follows:
2.
A
city
with
a
population
of
twenty-nine
thousand,
or
greater,
shall
maintain
an
independent
local
civil
rights
agency
or
commission
consistent
with
commission
agency
rules
Senate
File
2385,
p.
103
adopted
pursuant
to
chapter
17A
.
An
agency
or
commission
for
which
a
staff
is
provided
shall
have
control
over
such
staff.
A
city
required
to
maintain
a
local
civil
rights
agency
or
commission
shall
structure
and
adequately
fund
the
agency
or
commission
in
order
to
effect
cooperative
undertakings
with
the
Iowa
office
of
civil
rights
commission
and
to
aid
in
effectuating
the
purposes
of
this
chapter
.
3.
An
agency
or
commission
of
local
government
and
the
Iowa
office
of
civil
rights
commission
shall
cooperate
in
the
sharing
of
data
and
research,
and
coordinating
investigations
and
conciliations
in
order
to
expedite
claims
of
unlawful
discrimination
and
eliminate
needless
duplication.
The
Iowa
office
of
civil
rights
commission
may
enter
into
cooperative
agreements
with
any
local
agency
or
commission
to
effectuate
the
purposes
of
this
chapter
.
Such
agreements
may
include
technical
and
clerical
assistance
and
reimbursement
of
expenses
incurred
by
the
local
agency
or
commission
in
the
performance
of
the
agency’s
or
commission’s
duties
if
funds
for
this
purpose
are
appropriated
by
the
general
assembly.
4.
The
Iowa
civil
rights
commission
director
may
designate
an
unfunded
local
agency
or
commission
as
a
referral
agency.
A
local
agency
or
commission
shall
not
be
designated
a
referral
agency
unless
the
ordinance
creating
it
provides
the
same
rights
and
remedies
as
are
provided
in
this
chapter
.
The
Iowa
civil
rights
commission
director
shall
establish
by
rules
the
procedures
for
designating
a
referral
agency
and
the
qualifications
to
be
met
by
a
referral
agency.
5.
The
Iowa
civil
rights
commission
director
may
adopt
rules
establishing
the
procedures
for
referral
of
complaints.
A
referral
agency
may
refuse
to
accept
a
case
referred
to
it
by
the
Iowa
office
of
civil
rights
commission
if
the
referral
agency
is
unable
to
effect
proper
administration
of
the
complaint.
It
shall
be
the
burden
of
the
referral
agency
to
demonstrate
that
it
is
unable
to
properly
administer
that
complaint.
6.
A
complainant
who
files
a
complaint
with
a
referral
agency
having
jurisdiction
shall
be
prohibited
from
filing
a
complaint
with
the
Iowa
civil
rights
commission
agency
alleging
violations
based
upon
the
same
acts
or
practices
cited
in
the
Senate
File
2385,
p.
104
original
complaint;
and
a
complainant
who
files
a
complaint
with
the
commission
agency
shall
be
prohibited
from
filing
a
complaint
with
the
referral
agency
alleging
violations
based
upon
the
same
acts
or
practices
cited
in
the
original
complaint.
However,
the
Iowa
civil
rights
commission
agency
in
its
discretion
may
refer
a
complaint
filed
with
the
commission
agency
to
a
referral
agency
having
jurisdiction
over
the
parties
for
investigation
and
resolution;
and
a
referral
agency
in
its
discretion
may
refer
a
complaint
filed
with
that
agency
to
the
commission
office
for
investigation
and
resolution.
7.
A
final
decision
by
a
referral
agency
shall
be
subject
to
judicial
review
as
provided
in
section
216.17
in
the
same
manner
and
to
the
same
extent
as
a
final
decision
of
the
Iowa
civil
rights
commission
agency
.
8.
The
referral
of
a
complaint
by
the
Iowa
office
of
civil
rights
commission
to
a
referral
agency
or
by
a
referral
agency
to
the
Iowa
office
of
civil
rights
commission
shall
not
affect
the
right
of
a
complainant
to
commence
an
action
in
the
district
court
under
section
216.16
.
Sec.
273.
Section
216.21,
Code
2024,
is
amended
to
read
as
follows:
216.21
Documents
to
attorney
or
party.
If
a
party
is
represented
by
an
attorney
during
the
proceedings
of
the
agency
or
commission,
with
permission
of
the
attorney
for
the
party
or
of
the
party,
the
agency
or
commission
shall
provide
copies
of
all
relevant
documents
including
an
order
or
decision
to
either
the
attorney
for
the
party
or
the
party,
but
not
to
both.
Sec.
274.
Section
216.22,
subsection
2,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
The
franchisor
has
been
found
by
the
commission
agency
to
have
exercised
a
type
or
degree
of
control
over
the
franchisee
or
the
franchisee’s
employees
that
is
not
customarily
exercised
by
a
franchisor
for
the
purpose
of
protecting
the
franchisor’s
trademarks
and
brand.
Sec.
275.
Section
230A.110,
subsection
2,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
276.
Section
235B.1,
subsection
4,
Code
2024,
is
amended
by
striking
the
subsection.
Senate
File
2385,
p.
105
Sec.
277.
Section
235B.3,
subsection
1,
paragraph
a,
subparagraph
(4),
Code
2024,
is
amended
to
read
as
follows:
(4)
If,
in
the
course
of
an
assessment
or
evaluation
of
a
report
of
dependent
adult
abuse,
the
department
or
the
department
of
inspections,
appeals,
and
licensing
determines
that
the
case
involves
discrimination
under
the
jurisdiction
of
the
Iowa
office
of
civil
rights
commission
,
the
relevant
portions
of
the
case
shall
be
referred
to
the
commission
office
.
Sec.
278.
Section
235B.16A,
subsections
1
and
4,
Code
2024,
are
amended
to
read
as
follows:
1.
The
dependent
adult
protective
advisory
council
established
pursuant
to
section
235B.1
department
shall
recommend
adopt
a
uniform
assessment
instrument
and
process
for
adoption
and
use
by
the
department
and
other
agencies
involved
with
assessing
a
dependent
adult’s
degree
of
dependency
and
determining
whether
dependent
adult
abuse
has
occurred.
However,
this
section
shall
not
apply
to
dependent
adult
abuse
assessments
and
determinations
made
under
chapter
235E
.
4.
The
department
shall
cooperate
with
the
departments
of
inspections,
appeals,
and
licensing,
public
safety,
and
workforce
development,
the
Iowa
office
of
civil
rights
commission
,
and
other
state
and
local
agencies
performing
inspections
or
otherwise
visiting
residential
settings
where
dependent
adults
live,
to
regularly
provide
training
to
the
appropriate
staff
in
the
agencies
concerning
each
agency’s
procedures
involving
dependent
adults,
and
to
build
awareness
concerning
dependent
adults
and
reporting
of
dependent
adult
abuse.
Sec.
279.
Section
235E.5,
Code
2024,
is
amended
to
read
as
follows:
235E.5
Rulemaking
authority.
The
department,
in
cooperation
and
consultation
with
the
dependent
adult
protective
advisory
council
established
in
section
235B.1
,
affected
industry
representatives
,
and
professional
and
consumer
groups,
may
adopt
rules
pursuant
to
chapter
17A
to
administer
this
chapter
.
Sec.
280.
Section
237A.12,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
Senate
File
2385,
p.
106
3.
Rules
relating
to
fire
safety
for
child
care
centers
shall
be
adopted
under
this
chapter
by
the
director
of
the
department
of
inspections,
appeals,
and
licensing
in
consultation
with
the
department.
Rules
adopted
by
the
director
of
the
department
of
inspections,
appeals,
and
licensing
for
a
building
which
is
owned
or
leased
by
a
school
district
or
accredited
nonpublic
school
and
used
as
a
child
care
facility
shall
not
differ
from
standards
adopted
by
the
director
of
the
department
of
inspections,
appeals,
and
licensing
for
school
buildings
under
chapter
10A,
subchapter
V,
part
2
.
Rules
relating
to
sanitation
shall
be
adopted
by
the
department.
All
rules
shall
be
developed
in
consultation
with
the
state
child
care
advisory
committee.
The
director
of
the
department
of
inspections,
appeals,
and
licensing
shall
inspect
the
facilities.
Sec.
281.
Section
237A.25,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
department
shall
develop
consumer
information
material
to
assist
parents
in
selecting
a
child
care
provider.
In
developing
the
material,
the
department
shall
consult
with
department
staff,
department
of
education
staff,
the
state
child
care
advisory
committee,
the
early
childhood
Iowa
state
board,
and
child
care
resource
and
referral
services.
In
addition,
the
department
may
consult
with
other
entities
at
the
local,
state,
and
national
level.
Sec.
282.
Section
237A.30,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
department
shall
work
with
the
early
childhood
Iowa
program
established
in
section
256I.5
and
the
state
child
care
advisory
committee
in
designing
and
implementing
a
voluntary
quality
rating
system
for
each
provider
type
of
child
care
facility.
Sec.
283.
Section
256.3,
subsections
1
and
2,
Code
2024,
are
amended
to
read
as
follows:
1.
The
state
board
of
education
is
established
for
the
department.
The
state
board
consists
of
ten
nine
members:
nine
seven
voting
members
,
and
one
nonvoting
student
member
,
and
the
director
of
the
department
of
workforce
development,
who
shall
serve
as
a
nonvoting
member
.
The
voting
members
Senate
File
2385,
p.
107
shall
be
appointed
by
the
governor
subject
to
senate
confirmation.
The
nonvoting
student
member
shall
be
appointed
as
provided
in
section
256.5A
.
2.
The
voting
members
shall
be
registered
voters
of
the
state
and
hold
no
other
elective
or
appointive
state
office.
Not
more
than
five
voting
members
shall
be
of
the
same
political
party.
Three
of
the
voting
members
shall
have
substantial
knowledge
related
to
the
community
college
system.
The
remaining
six
voting
members
shall
be
members
of
the
general
public.
A
voting
member
shall
not
be
engaged
in
professional
education
for
a
major
portion
of
the
member’s
time
nor
shall
the
member
derive
a
major
portion
of
income
from
any
business
or
activity
connected
with
education.
Sec.
284.
Section
256.7,
subsection
7,
paragraph
c,
Code
2024,
is
amended
by
striking
the
paragraph.
Sec.
285.
Section
256.9,
subsection
31,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
Standards
and
materials
developed
shall
include
materials
which
employ
developmentally
appropriate
practices
and
incorporate
substantial
parental
involvement.
The
materials
and
standards
shall
include
alternative
teaching
approaches
including
collaborative
teaching
and
alternative
dispute
resolution
training.
The
department
shall
consult
with
the
child
development
coordinating
council,
the
state
child
care
advisory
committee
established
pursuant
to
section
135.173A
,
the
department
of
health
and
human
services,
the
state
board
of
regents
center
for
early
developmental
education,
the
area
education
agencies,
the
department
of
human
development
and
family
studies
in
the
college
of
human
sciences
at
Iowa
state
university
of
science
and
technology,
the
early
childhood
elementary
division
of
the
college
of
education
at
the
university
of
Iowa,
and
the
college
of
education
at
the
university
of
northern
Iowa,
in
developing
these
standards
and
materials.
Sec.
286.
Section
256.17,
Code
2024,
is
amended
to
read
as
follows:
256.17
Postsecondary
course
audit
committee
.
1.
The
department
shall
establish
and
facilitate
a
postsecondary
course
audit
committee
which
shall
annually
Senate
File
2385,
p.
108
audit
postsecondary
courses
offered
to
high
school
students
in
accordance
with
chapter
261E
.
2.
The
committee
shall
include
but
not
be
limited
to
representatives
from
the
kindergarten
through
grade
twelve
education
community,
community
colleges,
and
regents
universities.
3.
2.
The
committee
department
shall
establish
a
sampling
technique
that
randomly
selects
courses
for
audit.
The
audit
shall
include
but
not
be
limited
to
a
review
of
the
course
syllabus,
teacher
qualifications,
examples
of
student
products,
and
results
of
student
assessments.
Standards
for
review
shall
be
established
by
the
committee
and
approved
by
the
department.
Audit
findings
shall
be
submitted
to
the
institutions
providing
the
classes
audited
and
shall
be
posted
on
the
department’s
internet
site.
4.
3.
If
the
committee
department
determines
that
a
postsecondary
course
offered
to
high
school
students
in
accordance
with
chapter
261E
does
not
meet
the
standards
established
by
the
committee
department
pursuant
to
subsection
3
2
,
the
course
shall
not
be
eligible
for
future
supplementary
weighting
under
section
257.11
.
If
the
institution
makes
changes
to
the
course
sufficient
to
cause
the
course
to
meet
the
standards
of
the
committee
department
,
the
committee
department
may
reinstate
the
eligibility
of
the
course
for
future
supplementary
weighting
under
section
257.11
.
Sec.
287.
Section
256.32,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
An
advisory
council
for
agricultural
education
is
established,
which
consists
of
nine
seven
members
appointed
by
the
governor.
The
nine
seven
members
shall
include
the
following:
a.
Five
at
least
four
persons
representing
all
areas
of
agriculture
and
diverse
geographical
areas
and
at
least
one
person
involved
in
the
field
of
education,
including
but
not
limited
to
a
secondary
school
program
instructor,
a
postsecondary
school
program
instructor,
or
a
teacher
educator
.
b.
An
individual
representing
agriculture
on
a
council
created
to
advise
the
state
on
career
and
technical
education
matters.
Senate
File
2385,
p.
109
c.
A
secondary
school
program
instructor,
a
postsecondary
school
program
instructor,
and
a
teacher
educator.
Sec.
288.
Section
256.33,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
department
shall
consort
with
school
districts,
area
education
agencies,
community
colleges,
and
colleges
and
universities
to
provide
assistance
to
them
in
the
use
of
educational
technology
for
instruction
purposes.
The
department
shall
consult
with
the
advisory
committee
on
telecommunications,
established
in
section
256.7,
subsection
7
,
and
other
users
of
educational
technology
on
the
development
and
operation
of
programs
under
this
section
.
Sec.
289.
Section
256.82,
subsection
1,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
Four
members
shall
be
appointed
by
the
governor
so
that
the
portion
of
the
board
membership
appointed
under
this
paragraph
includes
two
male
board
members
and
two
female
board
members
at
all
times:
(1)
One
member
shall
be
appointed
from
the
business
community
other
than
the
television
and
telecommunications
industry.
(2)
One
member
shall
be
appointed
with
experience
in
or
knowledge
about
the
television
industry.
(3)
One
member
shall
be
appointed
from
the
membership
of
a
fundraising
nonprofit
organization
financially
assisting
the
Iowa
public
broadcasting
division
.
At
least
one
member
shall
have
experience
in
or
knowledge
of
the
television
and
telecommunications
industry,
and
at
least
one
member
shall
have
experience
with
or
knowledge
of
fundraising
nonprofit
organizations.
(4)
One
member
shall
represent
the
general
public.
Sec.
290.
Section
256.176,
subsection
2,
paragraphs
a
and
d,
Code
2024,
are
amended
to
read
as
follows:
a.
A
member
of
the
state
board
of
regents
to
be
named
by
the
state
board
of
regents,
or
the
executive
director
of
the
state
board
of
regents
if
so
appointed
by
the
state
board
of
regents,
who
shall
serve
for
a
four-year
term
or
until
the
expiration
of
the
member’s
term
of
office
,
and
who
shall
serve
as
an
ex
officio,
nonvoting
member
.
Senate
File
2385,
p.
110
d.
Nine
Seven
additional
members
to
be
appointed
by
the
governor
as
follows:
(1)
One
member
shall
be
selected
to
represent
private
colleges
and
universities
located
in
the
state
of
Iowa.
When
appointing
this
member,
the
governor
shall
give
careful
consideration
to
any
person
nominated
or
recommended
by
any
organization
or
association
of
some
or
all
private
colleges
and
universities
located
in
the
state
of
Iowa.
(2)
One
member
shall
be
selected
to
represent
Iowa’s
community
colleges.
When
appointing
this
member,
the
governor
shall
give
careful
consideration
to
any
person
nominated
or
recommended
by
any
organization
or
association
of
Iowa
community
colleges.
(3)
(1)
One
At
least
one
member
shall
be
enrolled
as
a
student
at
an
institution
of
higher
learning
governed
by
the
board
of
regents,
a
community
college,
or
an
accredited
private
institution.
(4)
(2)
One
At
least
one
member
shall
be
a
parent
of
a
student
enrolled
at
an
institution
of
higher
learning
governed
by
the
board
of
regents,
a
community
college,
or
an
accredited
private
institution.
(5)
(3)
One
At
least
one
member
shall
represent
practitioners
licensed
under
chapter
256,
subchapter
VII,
part
3
.
When
appointing
this
member,
the
governor
shall
give
careful
consideration
to
any
person
nominated
by
an
Iowa
teacher
association
or
other
education
stakeholder
organization
have
knowledge
and
experience
in
financial
or
fiduciary
matters
.
(6)
Four
members
shall
represent
the
general
public,
none
of
whom
shall
be
officers,
board
members,
or
trustees
of
an
institution
of
higher
learning
or
of
an
association
of
institutions
of
higher
learning.
Sec.
291.
Section
256.176,
subsection
2,
Code
2024,
is
amended
by
adding
the
following
new
paragraphs:
NEW
PARAGRAPH
.
e.
One
member
to
represent
private
colleges
and
universities
located
in
the
state
of
Iowa,
who
shall
be
selected
by
an
organization
or
association
of
some
or
all
private
colleges
and
universities
located
in
the
state
of
Iowa,
and
who
shall
serve
as
an
ex
officio,
nonvoting
member.
Senate
File
2385,
p.
111
NEW
PARAGRAPH
.
f.
One
member
to
represent
Iowa’s
community
colleges,
who
shall
be
selected
by
an
organization
or
association
of
Iowa
community
colleges,
and
who
shall
serve
as
an
ex
officio,
nonvoting
member.
Sec.
292.
Section
256I.4,
subsection
19,
Code
2024,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
19.
Serve
as
the
state
advisory
council
required
under
the
federal
Improving
Head
Start
for
School
Readiness
Act
of
2007,
Pub.
L.
No.
110-134,
as
designated
by
the
governor.
Sec.
293.
Section
260C.36,
subsection
4,
Code
2024,
is
amended
to
read
as
follows:
4.
The
department
of
education
shall
establish
the
following
committees:
a.
An
an
ad
hoc
accreditation
quality
faculty
plan
protocol
committee
to
advise
the
department
in
the
development
of
protocols
related
to
the
quality
faculty
planning
process
to
be
used
by
the
accreditation
teams
during
site
visits.
The
committee
shall,
at
a
minimum,
determine
what
types
of
evidence
need
to
be
provided,
develop
interview
procedures
and
visit
goals,
and
propose
accreditation
protocol
revisions.
b.
An
ongoing
quality
faculty
plan
professional
development
committee.
The
committee
shall,
at
a
minimum,
do
the
following:
(1)
Develop
systemic,
ongoing,
and
sustainable
statewide
professional
development
opportunities
that
support
institutional
development
as
well
as
individual
development
and
support
of
the
quality
faculty
plans.
The
opportunities
may
include
internet-based
systems
to
share
promising
practices.
(2)
Determine
future
professional
development
needs.
(3)
Develop
or
identify
training
and
assistance
relating
to
the
quality
faculty
plan
process
and
requirements.
(4)
Assist
the
department
and
community
colleges
in
developing
professional
development
consortia.
(5)
Review
and
identify
best
practices
in
each
community
college
quality
faculty
plan,
including
best
practices
regarding
adjunct
faculty.
c.
A
community
college
faculty
advisory
committee
consisting
of
one
member
and
one
alternate
from
each
community
college,
Senate
File
2385,
p.
112
appointed
by
the
committee
established
pursuant
to
subsection
1
.
The
committee
membership
shall
be
equally
represented
by
individuals
from
the
liberal
arts
and
sciences
faculty
and
the
career
and
technical
faculty.
The
committee
shall,
at
a
minimum,
keep
faculty
informed
of
higher
education
issues,
facilitate
communication
between
the
faculty
and
the
department
on
an
ongoing
basis,
and
serve
as
an
advisory
committee
to
the
department
and
community
colleges
on
faculty
issues.
Sec.
294.
Section
260C.39,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
The
terms
of
employment
of
personnel,
for
the
academic
year
following
the
effective
date
of
the
agreement
to
combine
the
merged
areas
shall
not
be
affected
by
the
combination
of
the
merged
areas,
except
in
accordance
with
the
procedures
under
sections
279.15
,
279.16
,
279.18
,
and
279.24
,
to
the
extent
those
procedures
are
applicable,
or
under
the
terms
of
the
base
bargaining
agreement.
The
authority
and
responsibility
to
offer
new
contracts
or
to
continue,
modify,
or
terminate
existing
contracts
pursuant
to
any
applicable
procedures
under
chapter
279
,
shall
be
transferred
to
the
acting,
and
then
to
the
new,
board
of
the
combined
merged
area
upon
certification
of
a
favorable
vote
to
each
of
the
merged
areas
affected
by
the
agreement.
The
collective
bargaining
agreement
of
the
merged
area
receiving
the
greatest
amount
of
general
state
aid
shall
serve
as
the
base
agreement
for
the
combined
merged
area
and
the
employees
of
the
merged
areas
which
combined
to
form
the
new
combined
merged
area
shall
automatically
be
accreted
to
the
bargaining
unit
from
that
former
merged
area
for
purposes
of
negotiating
the
contracts
for
the
following
years
without
further
action
by
the
public
employment
relations
appeal
board.
If
only
one
collective
bargaining
agreement
is
in
effect
among
the
merged
areas
which
are
combining
under
this
section
,
then
that
agreement
shall
serve
as
the
base
agreement,
and
the
employees
of
the
merged
areas
which
are
combining
to
form
the
new
combined
merged
area
shall
automatically
be
accreted
to
the
bargaining
unit
of
that
former
merged
area
for
purposes
of
negotiating
the
contracts
for
the
following
years
without
further
action
by
the
public
employment
relations
appeal
board.
The
board
of
the
Senate
File
2385,
p.
113
combined
merged
area,
using
the
base
agreement
as
its
existing
contract,
shall
bargain
with
the
combined
employees
of
the
merged
areas
that
have
agreed
to
combine
for
the
academic
year
beginning
with
the
effective
date
of
the
agreement
to
combine
merged
areas.
The
bargaining
shall
be
completed
by
March
15
prior
to
the
academic
year
in
which
the
agreement
to
combine
merged
areas
becomes
effective
or
within
one
hundred
eighty
days
after
the
organization
of
the
acting
board
of
the
new
combined
merged
area,
whichever
is
later.
If
a
bargaining
agreement
was
already
concluded
in
the
former
merged
area
which
has
the
collective
bargaining
agreement
that
is
serving
as
the
base
agreement
for
the
new
combined
merged
area,
between
the
former
merged
area
board
and
the
employees
of
the
former
merged
area,
that
agreement
is
void,
unless
the
agreement
contained
multiyear
provisions
affecting
academic
years
subsequent
to
the
effective
date
of
the
agreement
to
form
a
combined
merged
area.
If
the
base
collective
bargaining
agreement
contains
multiyear
provisions,
the
duration
and
effect
of
the
agreement
shall
be
controlled
by
the
terms
of
the
agreement.
The
provisions
of
the
base
agreement
shall
apply
to
the
offering
of
new
contracts,
or
the
continuation,
modification,
or
termination
of
existing
contracts
between
the
acting
or
new
board
of
the
combined
merged
area
and
the
combined
employees
of
the
new
combined
merged
area.
Sec.
295.
Section
261A.6,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
a.
The
For
members
appointed
prior
to
the
effective
date
of
this
division
of
this
Act,
members
of
the
authority
shall
be
appointed
by
the
governor
for
terms
of
six
years
beginning
and
ending
as
provided
in
section
69.19
.
A
member
of
the
authority
is
eligible
for
reappointment.
b.
For
members
appointed
on
or
after
the
effective
date
of
this
division
of
this
Act,
members
of
the
authority
shall
be
appointed
by
the
governor
for
terms
of
four
years
beginning
and
ending
as
provided
in
section
69.19.
A
member
of
the
authority
shall
not
serve
more
than
two
full
terms.
c.
The
governor
shall
fill
a
vacancy
for
the
remainder
of
the
unexpired
term.
A
member
of
the
authority
may
be
removed
by
the
governor
for
misfeasance,
malfeasance,
or
willful
Senate
File
2385,
p.
114
neglect
of
duty
or
other
cause
after
notice
and
a
public
hearing
unless
the
notice
and
hearing
are
waived
by
the
member
in
writing.
Sec.
296.
Section
266.39,
subsections
3
and
5,
Code
2024,
are
amended
by
striking
the
subsections.
Sec.
297.
Section
272C.1,
subsection
6,
paragraph
u,
Code
2024,
is
amended
by
striking
the
paragraph.
Sec.
298.
Section
273.22,
subsection
2,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
The
collective
bargaining
agreement
of
the
area
education
agency
with
the
largest
basic
enrollment,
as
defined
in
section
257.6
,
for
the
year
prior
to
the
year
the
reorganization
is
effective,
shall
serve
as
the
base
agreement
in
the
new
area
education
agency
and
the
employees
of
the
other
area
education
agencies
involved
in
the
formation
of
the
new
area
education
agency
shall
automatically
be
accreted
to
the
bargaining
unit
of
that
collective
bargaining
agreement
for
purposes
of
negotiating
the
contracts
for
the
following
years
without
further
action
by
the
public
employment
relations
appeal
board.
If
only
one
collective
bargaining
agreement
is
in
effect
among
the
area
education
agencies
that
are
party
to
the
reorganization,
that
agreement
shall
serve
as
the
base
agreement,
and
the
employees
of
the
other
agencies
involved
in
the
formation
of
the
new
area
education
agency
shall
automatically
be
accreted
to
the
bargaining
unit
of
that
collective
bargaining
agreement
for
purposes
of
negotiating
the
contracts
for
the
following
years
without
further
action
by
the
public
employment
relations
appeal
board.
Sec.
299.
Section
275.33,
subsection
2,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
The
collective
bargaining
agreement
of
the
district
with
the
largest
basic
enrollment
for
the
year
prior
to
the
reorganization,
as
defined
in
section
257.6
,
in
the
new
district
shall
serve
as
the
base
agreement
and
the
employees
of
the
other
districts
involved
in
the
formation
of
the
new
district
shall
automatically
be
accreted
to
the
bargaining
unit
of
that
collective
bargaining
agreement
for
purposes
of
negotiating
the
contracts
for
the
following
years
without
further
action
by
the
public
employment
relations
appeal
board.
Senate
File
2385,
p.
115
If
only
one
collective
bargaining
agreement
is
in
effect
among
the
districts
which
are
party
to
the
reorganization,
then
that
agreement
shall
serve
as
the
base
agreement,
and
the
employees
of
the
other
districts
involved
in
the
formation
of
the
new
district
shall
automatically
be
accreted
to
the
bargaining
unit
of
that
collective
bargaining
agreement
for
purposes
of
negotiating
the
contracts
for
the
following
years
without
further
action
by
the
public
employment
relations
appeal
board.
Sec.
300.
Section
284.11,
subsection
2,
paragraph
c,
Code
2024,
is
amended
to
read
as
follows:
c.
Review
the
use
and
effectiveness
of
the
funds
distributed
to
school
districts
for
supplemental
assistance
in
high-need
schools
under
this
section
,
and
consider
the
findings
and
recommendations
of
the
commission
on
educator
leadership
and
compensation
submitted
pursuant
to
section
284.15,
subsection
13
,
relating
to
the
use
and
effectiveness
of
the
funds
distributed
to
school
districts
under
this
section
.
The
department
shall
submit
its
findings
and
recommendations
in
a
report
to
the
general
assembly
by
January
15
annually.
Sec.
301.
Section
284.15,
subsection
12,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
302.
Section
284.15,
subsection
14,
Code
2024,
is
amended
to
read
as
follows:
14.
The
provisions
of
this
chapter
shall
be
subject
to
legislative
review
at
least
every
three
years.
The
review
shall
be
based
upon
a
status
report
from
the
commission
on
educator
leadership
and
compensation,
which
shall
be
prepared
with
the
assistance
of
the
departments
of
education,
management,
and
revenue.
The
status
report
shall
review
and
report
on
the
department’s
assignment
and
utilization
of
full-time
equivalent
positions,
and
shall
include
information
on
teacher
retention,
teacher
compensation,
academic
quality
of
beginning
teachers,
teacher
evaluation
results,
student
achievement
trend
and
comparative
data,
and
recommendations
for
changes
to
the
teacher
leadership
supplement
foundation
aid
and
the
framework
or
comparable
systems
approved
pursuant
to
this
section
.
The
first
status
report
shall
be
submitted
to
the
general
assembly
by
January
15,
2017,
with
subsequent
status
reports
prepared
and
submitted
to
the
general
assembly
Senate
File
2385,
p.
116
by
January
15
at
least
every
third
year
thereafter.
Sec.
303.
Section
312.3,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
Apportion
among
the
counties
the
road
use
tax
funds
credited
to
the
secondary
road
fund
by
using
the
distribution
methodology
adopted
pursuant
to
section
312.3C
by
the
commission
by
rule
.
Sec.
304.
Section
312.3B,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
The
Iowa
county
engineers
association
service
bureau
shall
annually
compute
the
secondary
road
fund
and
farm-to-market
road
fund
distributions
using
the
methodology
determined
by
the
secondary
road
fund
distribution
committee
pursuant
to
section
312.3C
commission
.
The
Iowa
county
engineers
association
service
bureau
shall
report
the
computations
to
the
secondary
road
fund
distribution
committee,
the
department,
the
treasurer
of
state,
and
the
counties.
Sec.
305.
Section
312.5,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
For
the
fiscal
year
ending
June
30,
2006,
the
treasurer
of
state
shall
apportion
among
the
counties
the
road
use
tax
funds
credited
to
the
farm-to-market
road
fund
by
using
the
allocation
method
contained
in
section
312.5,
subsection
1
,
Code
2005.
For
subsequent
fiscal
years
Each
fiscal
year
,
the
treasurer
of
state
shall
apportion
among
the
counties
the
road
use
tax
funds
credited
to
the
farm-to-market
road
fund
by
using
the
distribution
methodology
adopted
pursuant
to
section
312.3C
by
the
commission
.
Sec.
306.
Section
312.16,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
01.
“Commission”
means
the
state
transportation
commission.
Sec.
307.
Section
312A.3,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
Twenty
percent
for
deposit
in
the
secondary
road
fund,
for
apportionment
according
to
the
methodology
adopted
pursuant
to
section
312.3C
by
the
commission
,
to
be
used
by
counties
for
construction
and
maintenance
projects
on
secondary
road
bridges
and
on
highways
in
the
farm-to-market
road
system.
At
Senate
File
2385,
p.
117
least
ten
percent
of
the
moneys
allocated
to
a
county
under
this
subsection
shall
be
used
for
bridge
construction,
repair,
and
maintenance,
with
priority
given
to
projects
that
aid
and
support
economic
development
and
job
creation.
Sec.
308.
Section
314.1,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
Notwithstanding
any
other
provision
of
law
to
the
contrary,
a
public
improvement
that
involves
the
construction,
reconstruction,
or
improvement
of
a
highway,
bridge,
or
culvert
and
that
has
a
cost
in
excess
of
the
applicable
threshold
in
section
73A.18
,
262.34
,
297.7
,
309.40
,
310.14
,
or
313.10
,
as
modified
by
the
bid
threshold
subcommittee
director
pursuant
to
section
314.1B
,
shall
be
advertised
and
let
for
bid,
except
such
public
improvements
that
involve
emergency
work
pursuant
to
section
309.40A
,
313.10
,
or
384.103,
subsection
2
.
For
a
city
having
a
population
of
fifty
thousand
or
less,
a
public
improvement
that
involves
the
construction,
reconstruction,
or
improvement
of
a
highway,
bridge,
or
culvert
that
has
a
cost
in
excess
of
twenty-five
thousand
dollars,
as
modified
by
the
bid
threshold
subcommittee
director
pursuant
to
section
314.1B
,
shall
be
advertised
and
let
for
bid,
excluding
emergency
work.
However,
a
public
improvement
that
has
an
estimated
total
cost
to
a
city
in
excess
of
a
threshold
of
fifty
thousand
dollars,
as
modified
by
the
bid
threshold
subcommittee
director
pursuant
to
section
314.1B
,
and
that
involves
the
construction,
reconstruction,
or
improvement
of
a
highway,
bridge,
or
culvert
that
is
under
the
jurisdiction
of
a
city
with
a
population
of
more
than
fifty
thousand,
shall
be
advertised
and
let
for
bid.
Cities
required
to
competitively
bid
highway,
bridge,
or
culvert
work
shall
do
so
in
compliance
with
the
contract
letting
procedures
of
sections
26.3
through
26.12
.
Sec.
309.
Section
314.1B,
subsection
1,
paragraph
a,
Code
2024,
is
amended
by
striking
the
paragraph.
Sec.
310.
Section
314.1B,
subsection
1,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
The
subcommittee
director,
in
consultation
with
industry
and
subject
matter
experts,
shall
review
the
competitive
bid
thresholds
applicable
to
city
and
county
highway,
bridge,
and
culvert
projects.
The
subcommittee
director
shall
Senate
File
2385,
p.
118
review
price
adjustments
for
all
types
of
city
and
county
highway,
bridge,
and
culvert
construction,
reconstruction,
and
improvement
projects,
based
on
changes
in
the
construction
price
index
from
the
preceding
year.
Upon
completion
of
the
review
the
subcommittee
director
may
make
adjustments
in
the
applicable
bid
thresholds
for
types
of
work
based
on
the
price
adjustments.
Sec.
311.
Section
314.1B,
subsection
2,
paragraph
a,
Code
2024,
is
amended
by
striking
the
paragraph.
Sec.
312.
Section
314.1B,
subsection
2,
paragraphs
b,
c,
d,
and
e,
Code
2024,
are
amended
to
read
as
follows:
b.
The
subcommittee
appointed
under
this
subsection
director,
in
consultation
with
industry
and
subject
matter
experts,
shall
review
the
competitive
bid
thresholds
applicable
to
governmental
entities
under
chapter
26
.
The
subcommittee
director
shall
review
price
adjustments
for
all
types
of
construction,
reconstruction,
and
public
improvement
projects
based
on
the
changes
in
the
construction
price
index,
building
cost
index,
and
material
cost
index
from
the
preceding
adjustment.
Upon
completion
of
the
review
the
subcommittee
director
may
make
adjustments
in
the
applicable
bid
thresholds
for
types
of
work
based
on
the
price
adjustments.
c.
The
subcommittee
shall
not
make
an
initial
adjustment
to
the
competitive
bid
threshold
in
section
26.3
to
be
effective
prior
to
January
1,
2012.
Thereafter,
the
subcommittee
The
director
shall
adjust
the
bid
threshold
amount
in
accordance
with
subsection
3
but
shall
not
adjust
the
bid
threshold
to
an
amount
less
than
the
bid
threshold
applicable
to
a
governmental
entity
on
January
1,
2007.
d.
Beginning
July
1,
2006
2024
,
the
subcommittee
director
shall
make
adjustments
to
the
competitive
quotation
threshold
amounts
in
section
26.14
for
vertical
infrastructure
in
accordance
with
the
methodology
of
paragraph
“b”
.
e.
After
2012,
the
subcommittee
The
director
shall
adjust
the
competitive
quotation
threshold
amounts
in
section
26.14
at
the
same
time
and
by
the
same
percentage
as
adjustments
are
made
to
the
competitive
bid
threshold.
Sec.
313.
Section
314.1B,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
Senate
File
2385,
p.
119
3.
Review
——
publication.
Each
subcommittee
The
director
shall
meet
to
conduct
the
review
and
make
the
adjustments
described
in
this
section
on
or
before
August
1
of
every
other
year,
or
of
every
year
if
determined
necessary
by
the
subcommittee
director
.
By
September
1
of
each
year
in
which
a
subcommittee
director
makes
adjustments
in
the
bid
or
quotation
thresholds,
the
director
shall
cause
an
advisory
notice
to
be
published
in
the
Iowa
administrative
bulletin
and
in
a
newspaper
of
general
circulation
in
this
state,
stating
the
adjusted
bid
and
quotation
thresholds
to
be
in
effect
on
January
1
of
the
following
year,
as
established
by
the
subcommittees
director
under
this
section
.
Sec.
314.
Section
314.13,
subsection
2,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
315.
Section
314.13,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4A.
“Director”
means
the
director
of
transportation.
Sec.
316.
Section
314.22,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
Integrated
roadside
vegetation
management
technical
advisory
committee
Report
.
a.
The
director
of
the
department
shall
appoint
members
to
an
integrated
roadside
vegetation
management
technical
advisory
committee
which
is
created
to
provide
advice
on
the
development
and
implementation
of
a
statewide
integrated
roadside
vegetation
management
plan
and
program
and
related
projects.
The
department
shall
report
annually
in
January
to
the
general
assembly
regarding
its
activities
and
those
of
the
committee
under
this
section
.
Activities
of
the
committee
may
include
but
are
not
limited
to
providing
advice
and
assistance
in
the
following
areas:
(1)
Research
efforts.
(2)
Demonstration
projects.
(3)
Education
and
orientation
efforts
for
property
owners,
public
officials,
and
the
general
public.
(4)
Activities
of
the
integrated
roadside
vegetation
management
coordinator
for
integrated
roadside
vegetation
management.
Senate
File
2385,
p.
120
(5)
Reviewing
applications
for
funding
assistance.
(6)
Securing
funding
for
research
and
demonstrations.
(7)
Determining
needs
for
revising
the
state
weed
law
and
other
applicable
Code
sections.
(8)
Liaison
with
the
Iowa
state
association
of
counties,
the
Iowa
league
of
cities,
and
other
organizations
for
integrated
roadside
vegetation
management
purposes.
b.
The
director
may
appoint
any
number
of
persons
to
the
committee
but,
at
a
minimum,
the
committee
shall
consist
of
all
of
the
following:
(1)
One
member
representing
the
utility
industry.
(2)
One
member
from
the
Iowa
academy
of
sciences.
(3)
One
member
representing
county
government.
(4)
One
member
representing
city
government.
(5)
Two
members
representing
the
private
sector
including
community
interest
groups.
(6)
One
member
representing
soil
conservation
interests.
(7)
One
member
representing
the
department
of
natural
resources.
(8)
One
member
representing
county
conservation
boards.
c.
Members
of
the
committee
shall
serve
without
compensation,
but
may
be
reimbursed
for
allowable
expenses
from
the
living
roadway
trust
fund
created
under
section
314.21
.
No
more
than
a
simple
majority
of
the
members
of
the
committee
shall
be
of
the
same
gender
as
provided
in
section
69.16A
.
The
director
of
the
department
shall
appoint
the
chair
of
the
committee
and
shall
establish
a
minimum
schedule
of
meetings
for
the
committee.
Sec.
317.
Section
321.252,
subsection
3,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
The
department
shall
establish,
by
rule,
in
cooperation
with
a
tourist
signing
committee,
the
standards
for
tourist-oriented
directional
signs
and
shall
annually
review
the
list
of
attractions
for
which
signing
is
in
place.
The
rules
shall
conform
to
national
standards
for
tourist-oriented
directional
signs
adopted
under
23
U.S.C.
§131(q)
and
to
the
manual
of
uniform
traffic-control
devices.
(1)
The
tourist
signing
committee
shall
be
made
up
of
the
directors
or
the
directors’
designees
of
the
departments
Senate
File
2385,
p.
121
of
agriculture
and
land
stewardship,
natural
resources,
and
transportation,
the
director
or
the
director’s
designee
of
the
economic
development
authority,
the
chairperson
or
the
chairperson’s
designee
of
the
Iowa
travel
council,
and
a
member
of
the
outdoor
advertising
association
of
Iowa.
The
director
or
the
director’s
designee
of
the
economic
development
authority
shall
be
the
chairperson
of
the
committee.
(2)
The
department
of
transportation
shall
be
responsible
for
calling
and
setting
the
date
of
the
meetings
of
the
committee
which
meetings
shall
be
based
upon
the
amount
of
activity
relating
to
signs.
However,
the
committee
shall
meet
at
least
once
a
month.
Sec.
318.
Section
333A.2,
subsection
1,
paragraphs
b
and
c,
Code
2024,
are
amended
to
read
as
follows:
b.
Five
elected
county
officials
who
are
regularly
involved
in
budget
preparation.
One
county
official
shall
be
from
a
county
with
a
population
of
less
than
eleven
thousand
five
hundred,
one
from
a
county
with
a
population
of
more
than
eleven
thousand
five
hundred
but
not
more
than
sixteen
thousand,
one
from
a
county
with
a
population
of
more
than
sixteen
thousand
but
not
more
than
twenty-two
thousand
five
hundred,
one
from
a
county
with
a
population
of
more
than
twenty-two
thousand
five
hundred
but
not
more
than
eighty
thousand
and
one
from
a
county
with
a
population
of
more
than
eighty
thousand.
The
governor
director
of
the
department
of
management
shall
select
and
appoint
the
county
officials
,
subject
to
the
approval
of
two-thirds
of
the
members
of
the
senate
.
c.
A
certified
public
accountant
experienced
in
governmental
accounting
selected
and
appointed
by
the
governor
with
the
approval
of
two-thirds
of
the
members
of
the
senate
director
of
the
department
of
management
.
Sec.
319.
Section
333A.2,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
The
members
of
the
committee
appointed
by
the
governor
director
of
the
department
of
management
are
appointed
for
four-year
terms
except
that
of
the
initial
appointments,
two
county
official
members
shall
be
appointed
to
two-year
terms.
When
a
county
official
member
no
longer
holds
the
office
which
Senate
File
2385,
p.
122
qualified
the
official
for
appointment,
the
official
shall
no
longer
be
a
member
of
the
committee.
Any
person
appointed
to
fill
a
vacancy
shall
be
appointed
to
serve
the
unexpired
term.
Any
member
is
eligible
for
reappointment,
but
a
member
shall
not
be
appointed
to
serve
more
than
two
four-year
terms.
Sec.
320.
Section
357A.21,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
If
an
agreement
is
not
reached
under
subsection
1
,
the
governing
body
of
the
city
or
water
utility
or
the
board
of
directors
or
trustees
of
the
district
or
association
may
request
mediation
pursuant
to
chapter
679C
.
The
governing
body
or
board
requesting
mediation
shall
be
responsible
for
the
costs
of
the
mediation.
A
mediation
committee
shall
be
established
if
a
governing
body
or
board
requests
mediation
pursuant
to
this
subsection
.
The
mediation
committee
shall
consist
of
one
member
of
the
governing
body
of
the
city
or
the
governing
body’s
designee,
one
member
of
the
board
of
directors
or
trustees
of
the
district
or
association,
as
applicable,
and
one
disinterested
member
chosen
by
the
other
two
members.
A
list
of
qualified
mediators
may
be
obtained
from
the
American
arbitration
association,
the
public
employment
relations
appeal
board
established
pursuant
to
section
20.5
10A.601
,
or
a
recognized
mediation
organization
or
association.
Sec.
321.
Section
384.13,
subsection
2,
paragraphs
c
and
d,
Code
2024,
are
amended
to
read
as
follows:
c.
Five
city
officials
who
are
regularly
involved
in
budget
preparation.
One
official
must
be
from
a
city
with
a
population
of
not
over
two
thousand
five
hundred,
one
from
a
city
with
a
population
of
over
two
thousand
five
hundred
but
not
over
fifteen
thousand,
one
from
a
city
with
a
population
of
over
fifteen
thousand
but
not
over
fifty
thousand,
one
from
a
city
with
a
population
of
over
fifty
thousand,
and
one
from
any
size
city.
The
governor
director
of
the
department
of
management
shall
select
and
appoint
the
city
officials.
d.
One
certified
public
accountant
experienced
in
city
accounting,
to
be
selected
and
appointed
by
the
governor
director
of
the
department
of
management
.
Sec.
322.
Section
455A.5,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
Senate
File
2385,
p.
123
1.
a.
A
natural
resource
commission
is
created,
which
consists
of
seven
members
appointed
by
the
governor
for
staggered
terms
of
six
years
beginning
and
ending
as
provided
in
section
69.19
,
except
as
provided
in
paragraph
“b”
.
The
appointees
are
subject
to
senate
confirmation.
The
members
shall
be
citizens
of
the
state
who
have
a
substantial
knowledge
of
the
subjects
embraced
by
chapter
456A
.
The
appointments
shall
be
based
upon
the
training,
experience,
and
capacity
of
the
appointees,
and
not
based
upon
political
considerations,
other
than
as
provided
in
section
69.16
.
A
member
of
the
commission
shall
not
hold
any
other
state
or
federal
office.
b.
For
members
appointed
on
or
after
the
effective
date
of
this
division
of
this
Act,
members
shall
serve
staggered
terms
of
four
years
beginning
and
ending
as
provided
in
section
69.19.
Sec.
323.
Section
455A.5,
subsection
6,
paragraph
d,
Code
2024,
is
amended
to
read
as
follows:
d.
Approve
Provide
advice
and
recommendations
regarding
the
budget
request
prepared
by
the
director
for
the
programs
authorized
by
chapters
321G
,
321I
,
456A
,
456B
,
457A
,
461A
,
462A
,
462B
,
464A
,
481A
,
481B
,
483A
,
484A
,
and
484B
.
The
commission
may
increase,
decrease,
or
strike
any
item
within
the
department
budget
request
for
the
specified
programs
before
granting
approval.
Sec.
324.
Section
455A.6,
subsection
6,
paragraph
d,
Code
2024,
is
amended
to
read
as
follows:
d.
Approve
Provide
advice
and
make
recommendations
regarding
the
budget
request
prepared
by
the
director
for
the
programs
authorized
by
chapters
455B
,
455C
,
455E
,
455F
,
455H
,
and
459,
subchapters
II
and
III
.
The
commission
shall
approve
the
budget
request
prepared
by
the
director
for
programs
subject
to
the
rulemaking
authority
of
the
commission.
The
commission
may
increase,
decrease,
or
strike
any
item
within
the
department
budget
request
for
the
specified
programs
before
granting
approval.
Sec.
325.
Section
455A.19,
subsection
1,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
Upon
receipt
of
any
revenue,
the
director
shall
deposit
the
moneys
in
the
Iowa
resources
enhancement
and
protection
fund
Senate
File
2385,
p.
124
created
pursuant
to
section
455A.18
.
The
first
three
hundred
fifty
thousand
dollars
of
the
funds
received
for
deposit
in
the
fund
annually
shall
be
allocated
to
the
conservation
education
program
board
for
the
purposes
specified
in
section
455A.21
.
One
percent
of
the
revenue
receipts
shall
be
deducted
and
transferred
to
the
administration
fund
provided
for
in
section
456A.17
.
All
of
the
remaining
receipts
shall
be
allocated
to
the
following
accounts:
Sec.
326.
Section
455A.21,
Code
2024,
is
amended
to
read
as
follows:
455A.21
Conservation
education
program
board
.
1.
A
conservation
education
program
board
is
created
in
the
department.
The
board
shall
have
five
members
appointed
as
follows:
a.
One
member
appointed
by
the
director
of
the
department
of
education.
b.
One
member
appointed
by
the
director
of
the
department
of
natural
resources.
c.
One
member
appointed
by
the
president
of
the
Iowa
association
of
county
conservation
boards.
d.
One
member
appointed
by
the
president
of
the
Iowa
association
of
naturalists.
e.
One
member
appointed
by
the
president
of
the
Iowa
conservation
education
council.
2.
Section
69.16
does
not
apply
to
appointments
made
pursuant
to
this
section
.
3.
The
duties
of
the
board
are
to
department
shall
revise
and
produce
conservation
education
materials
and
to
specify
stipends
to
Iowa
educators
who
participate
in
innovative
conservation
education
programs
approved
by
the
board
department
.
The
board
department
shall
allocate
the
funds
provided
for
under
section
455A.19,
subsection
1
,
for
the
educational
materials
and
stipends.
4.
The
department
shall
administer
the
funds
allocated
to
the
conservation
education
program
as
provided
in
this
section
.
Sec.
327.
Section
455B.190A,
subsection
1,
paragraph
h,
Code
2024,
is
amended
by
striking
the
paragraph.
Sec.
328.
Section
455B.190A,
subsection
2,
paragraphs
f
and
g,
Code
2024,
are
amended
to
read
as
follows:
Senate
File
2385,
p.
125
f.
The
department
shall
develop
continuing
education
requirements
for
certification
of
a
well
contractor
in
consultation
with
the
well
contractors’
council
.
g.
The
examination
shall
be
developed
by
the
department
in
consultation
with
the
well
contractors’
council
to
determine
the
applicant’s
qualifications
to
perform
well
drilling
or
pump
services
or
both.
The
examination
shall
be
updated
as
necessary
to
reflect
current
groundwater
law
and
well
construction,
maintenance,
pump
services,
and
abandonment
practices.
The
examination
shall
be
administered
by
the
department
or
by
a
person
designated
by
the
department.
Sec.
329.
Section
455B.190A,
subsections
3
and
6,
Code
2024,
are
amended
by
striking
the
subsections.
Sec.
330.
Section
455B.190A,
subsection
4,
Code
2024,
is
amended
to
read
as
follows:
4.
The
department
shall
develop
,
in
consultation
with
the
well
contractors’
council,
a
consumer
information
pamphlet
regarding
well
construction,
well
maintenance,
well
plugging,
pump
services,
and
Iowa
groundwater
laws.
The
department
and
the
council
shall
review
and
revise
the
consumer
information
pamphlet
as
necessary.
The
consumer
information
pamphlet
shall
be
supplied
to
well
contractors,
at
cost,
and
well
contractors
shall
supply
one
copy
at
no
cost
to
potential
customers
prior
to
initiation
of
well
services.
Sec.
331.
Section
455B.190A,
subsection
5,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
department
shall
establish
by
rule
and
collect
,
in
consultation
with
the
well
contractors’
council,
the
following
fees
to
be
used
to
implement
and
administer
the
provisions
of
this
section
:
Sec.
332.
Section
455G.4,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
7.
Repeal.
This
section
is
repealed
December
31,
2028.
On
or
before
November
29,
2027,
the
department
of
natural
resources,
in
consultation
with
the
board,
shall
propose
legislation
to
the
general
assembly
to
strike
or
repeal
provisions
referencing
the
board
and
the
Iowa
comprehensive
petroleum
underground
storage
tank
fund
created
in
section
455G.3
throughout
the
Code.
The
remainder
of
the
Senate
File
2385,
p.
126
moneys
in
the
Iowa
comprehensive
petroleum
underground
storage
tank
fund
on
December
31,
2028,
shall
be
transferred
to
the
storage
tank
management
account
of
the
groundwater
protection
fund
created
in
section
455E.11.
Sec.
333.
Section
461A.42,
subsection
1,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
A
firearm
or
other
weapon
authorized
for
hunting
may
be
used
in
preserves
or
parts
of
preserves
designated
by
the
state
advisory
board
on
preserves
department
at
the
request
of
the
commission.
Sec.
334.
Section
465C.1,
subsection
2,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
335.
Section
465C.1,
subsection
4,
Code
2024,
is
amended
to
read
as
follows:
4.
“Dedication”
means
the
allocation
of
an
area
as
a
preserve
by
a
public
agency
or
by
a
private
owner
by
written
stipulation
in
a
form
approved
by
the
state
advisory
board
for
preserves
department
.
Sec.
336.
Section
465C.2,
Code
2024,
is
amended
to
read
as
follows:
465C.2
Advisory
board.
There
is
hereby
created
a
state
system
of
preserves
and
a
state
advisory
board
for
preserves
.
Sec.
337.
Section
465C.8,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
board
department
shall
have
the
following
powers
and
duties
with
respect
to
this
chapter
:
Sec.
338.
Section
465C.8,
subsection
9,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
339.
Section
465C.9,
Code
2024,
is
amended
to
read
as
follows:
465C.9
Articles
of
dedication.
1.
The
public
agency
or
private
owner
shall
complete
articles
of
dedication
on
forms
approved
by
the
board
department
.
When
the
articles
of
dedication
have
been
approved
by
the
governor,
the
board
department
shall
record
them
with
the
county
recorder
for
the
county
or
counties
in
which
the
area
is
located.
2.
The
articles
of
dedication
may
contain
restrictions
Senate
File
2385,
p.
127
on
development,
sale,
transfer,
method
of
management,
public
access,
and
commercial
or
other
use,
and
may
contain
such
other
provisions
as
may
be
necessary
to
further
the
purposes
of
this
chapter
.
They
may
define
the
respective
jurisdictions
of
the
owner
or
operating
agency
and
the
board
department
.
They
may
provide
procedures
to
be
applied
in
case
of
violation
of
the
dedication.
They
may
recognize
reversionary
rights.
They
may
vary
in
provisions
from
one
preserve
to
another
in
accordance
with
differences
in
relative
conditions.
Sec.
340.
Section
465C.10,
Code
2024,
is
amended
to
read
as
follows:
465C.10
When
dedicated
as
a
preserve.
An
area
shall
become
a
preserve
when
it
has
been
approved
by
the
board
department
for
dedication
as
a
preserve,
whether
in
public
or
private
ownership,
formally
dedicated
as
a
preserve
within
the
system
by
a
public
agency
or
private
owner
and
designated
by
the
governor
as
a
preserve.
Sec.
341.
Section
465C.11,
Code
2024,
is
amended
to
read
as
follows:
465C.11
Area
held
in
trust.
1.
An
area
designated
as
a
preserve
within
the
system
is
hereby
declared
put
to
its
highest,
best,
and
most
important
use
for
public
benefit.
It
shall
be
held
in
trust
and
shall
not
be
alienated
except
to
another
public
use
upon
a
finding
by
the
board
department
of
imperative
and
unavoidable
public
necessity
and
with
the
approval
of
the
commission,
the
general
assembly
by
concurrent
resolution,
and
the
governor.
The
board’s
department’s
interest
or
interests
in
any
area
designated
as
a
preserve
shall
not
be
taken
under
the
condemnation
statutes
of
this
state
without
such
a
finding
of
imperative
and
unavoidable
public
necessity
by
the
board
department
,
and
with
the
consent
of
the
commission,
the
general
assembly
by
concurrent
resolution,
and
the
governor.
2.
The
board
department
,
with
the
approval
of
the
governor,
may
enter
into
amendments
to
any
articles
of
dedication
upon
its
finding
that
such
amendment
will
not
permit
an
impairment,
disturbance,
or
development
of
the
area
inconsistent
with
the
purposes
of
this
chapter
.
3.
Before
the
board
department
shall
make
a
finding
Senate
File
2385,
p.
128
of
imperative
and
unavoidable
public
necessity,
or
shall
enter
into
any
amendment
to
articles
of
dedication,
the
board
department
shall
provide
notice
of
such
proposal
and
opportunity
for
any
person
to
be
heard.
Such
notice
shall
be
published
at
least
once
in
a
newspaper
with
a
general
circulation
in
the
county
or
counties
wherein
the
area
directly
affected
is
situated,
and
mailed
within
ten
days
of
such
published
notice
to
all
persons
who
have
requested
notice
of
all
such
proposed
actions.
Each
notice
shall
set
forth
the
substance
of
the
proposed
action
and
describe,
with
or
without
legal
description,
the
area
affected,
and
shall
set
forth
a
place
and
time
not
less
than
sixty
days
thence
for
all
persons
desiring
to
be
heard
to
have
reasonable
opportunity
to
be
heard
prior
to
the
finding
of
the
board
department
.
Sec.
342.
Section
481C.2,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
The
criteria
for
issuing
depredation
licenses
and
permits
shall
be
established
in
administrative
rules
in
consultation
with
the
farmer
advisory
committee
created
in
section
481A.10A
.
The
administrative
rules
adopted
pursuant
to
this
section
shall
not
require
a
producer
to
erect
or
maintain
fencing
at
a
cost
exceeding
one
thousand
dollars
as
a
requisite
for
receiving
a
depredation
license
or
permit
or
for
participation
in
a
depredation
plan.
Sec.
343.
Section
524.223,
subsection
2,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
If
the
state
bank,
director,
officer,
employee,
or
substantial
shareholder
fails
to
appear
at
the
hearing
it
shall
be
deemed
to
have
consented
to
the
issuance
of
a
cease
and
desist
order.
In
the
event
of
such
consent,
or
if
upon
the
record
made
at
such
hearing,
the
superintendent
shall
find
that
any
violation
or
unsafe
or
unsound
practice
specified
in
the
notice
has
been
established,
the
superintendent
may
issue
and
serve
upon
the
state
bank,
director,
officer,
employee,
or
substantial
shareholder
an
order
to
cease
and
desist
from
any
such
violation
or
practice.
Such
order
may
require
the
state
bank
and
its
directors,
officers,
employees,
and
shareholders
to
cease
and
desist
from
any
such
violation
or
practice
and,
further,
to
take
affirmative
action
to
correct
the
conditions
Senate
File
2385,
p.
129
resulting
from
any
such
violation
or
practice.
In
addition,
if
the
violation
or
practice
involves
a
failure
to
comply
with
chapter
12C
or
any
rules
adopted
pursuant
to
chapter
12C
,
the
superintendent
may
recommend
to
the
committee
established
under
section
12C.6
treasurer
of
state
that
the
bank
be
removed
from
the
list
of
financial
institutions
eligible
to
accept
public
funds
under
section
12C.6A
and
may
require
that
during
the
current
calendar
quarter
and
up
to
the
next
succeeding
eight
calendar
quarters
that
the
bank
do
any
one
or
more
of
the
following:
Sec.
344.
Section
542.4,
subsection
1,
paragraphs
a
and
b,
Code
2024,
are
amended
to
read
as
follows:
a.
The
board
shall
consist
of
eight
five
members,
appointed
by
the
governor
and
subject
to
senate
confirmation,
all
of
whom
shall
be
residents
of
this
state.
Five
Four
of
the
eight
five
members
shall
be
holders
of
certificates
issued
under
section
542.6
,
one
member
shall
be
the
holder
of
a
license
issued
under
section
542.8
,
and
two
one
shall
not
be
a
certified
public
accountants
accountant
or
licensed
public
accountants
accountant
and
shall
represent
the
general
public.
At
least
three
of
the
holders
of
certificates
issued
under
section
542.6
shall
also
be
qualified
to
supervise
attest
services
as
provided
in
section
542.7
.
b.
A
certified
or
licensed
member
of
the
board
shall
be
actively
engaged
in
practice
as
a
certified
public
accountant
or
as
a
licensed
public
accountant
and
shall
have
been
so
engaged
for
five
years
preceding
appointment,
the
last
two
of
which
shall
have
been
in
this
state
.
Sec.
345.
Section
542B.15,
Code
2024,
is
amended
to
read
as
follows:
542B.15
Examinations
——
report
required.
Examinations
for
licensure
shall
be
given
as
often
as
deemed
necessary
by
the
board
department
of
inspections,
appeals,
and
licensing
,
but
no
less
than
one
time
per
year.
The
scope
of
the
examinations
and
the
methods
of
procedure
shall
be
prescribed
by
the
board.
Any
examination
may
be
given
by
representatives
of
the
board.
The
identity
of
the
person
taking
the
examination
shall
be
concealed
until
after
the
examination
has
been
graded
by
the
department
of
inspections,
Senate
File
2385,
p.
130
appeals,
and
licensing
.
As
soon
as
practicable
after
the
close
of
each
examination,
a
report
shall
be
filed
in
the
office
of
the
secretary
of
the
board
by
the
board
department
of
inspections,
appeals,
and
licensing
.
The
report
shall
show
the
action
of
the
board
upon
each
application
and
the
secretary
of
the
board
shall
notify
each
applicant
of
the
result
of
the
applicant’s
examination.
Applicants
who
fail
the
examination
once
shall
be
allowed
to
take
the
examination
at
the
next
scheduled
time.
Thereafter,
the
applicant
shall
be
allowed
to
take
the
examination
at
the
discretion
of
the
board.
An
applicant
who
has
failed
the
examination
may
request
in
writing
information
from
the
board
concerning
the
applicant’s
examination
grade
and
subject
areas
or
questions
which
the
applicant
failed
to
answer
correctly,
except
that
if
the
board
administers
a
uniform,
standardized
examination,
the
board
shall
only
be
required
to
provide
the
examination
grade
and
such
other
information
concerning
the
applicant’s
examination
results
which
are
available
to
the
board.
Sec.
346.
Section
543B.8,
subsections
1
and
2,
Code
2024,
are
amended
to
read
as
follows:
1.
A
real
estate
commission
is
created
within
the
department
of
inspections,
appeals,
and
licensing.
The
commission
consists
of
five
four
members
licensed
under
this
chapter
and
two
members
one
member
not
licensed
under
this
chapter
and
who
shall
represent
the
general
public.
Commission
members
shall
be
appointed
by
the
governor
subject
to
confirmation
by
the
senate.
2.
No
more
than
one
member
shall
be
appointed
from
a
county.
A
commission
member
shall
not
hold
any
other
elective
or
appointive
state
or
federal
office.
At
least
one
of
the
licensed
members
shall
be
a
licensed
real
estate
salesperson,
except
that
if
the
licensed
real
estate
salesperson
becomes
a
licensed
real
estate
broker
during
a
term
of
office,
that
person
may
complete
the
term,
but
is
not
eligible
for
reappointment
on
the
commission
as
a
licensed
real
estate
salesperson.
A
licensed
member
shall
be
actively
engaged
in
the
real
estate
business
and
shall
have
been
so
engaged
for
five
years
preceding
the
appointment,
the
last
two
of
which
shall
have
been
in
Iowa
.
Professional
associations
or
Senate
File
2385,
p.
131
societies
of
real
estate
brokers
or
real
estate
salespersons
may
recommend
the
names
of
potential
commission
members
to
the
governor.
However,
the
governor
is
not
bound
by
their
recommendations.
A
commission
member
shall
not
be
required
to
be
a
member
of
any
professional
association
or
society
composed
of
real
estate
brokers
or
salespersons.
Sec.
347.
Section
543D.4,
subsections
1
and
3,
Code
2024,
are
amended
to
read
as
follows:
1.
A
real
estate
appraiser
examining
board
is
established
within
the
department
of
inspections,
appeals,
and
licensing.
The
board
consists
of
seven
five
members,
two
one
of
whom
shall
be
a
public
members
member
and
five
four
of
whom
shall
be
certified
real
estate
appraisers.
3.
A
certified
real
estate
appraiser
member
of
the
board
shall
be
actively
engaged
in
practice
as
a
certified
real
estate
appraiser
and
shall
have
been
so
engaged
for
five
years
preceding
appointment,
the
last
two
of
which
shall
have
been
in
this
state
.
The
governor
shall
attempt
to
represent
each
class
of
certified
appraisers
in
making
the
appointments.
Sec.
348.
Section
544A.1,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
The
architectural
examining
board
is
created
within
the
department
of
inspections,
appeals,
and
licensing.
The
board
consists
of
five
four
members
who
possess
a
license
issued
under
section
544A.9
and
who
have
been
in
active
practice
of
architecture
for
not
less
than
five
years,
the
last
two
of
which
shall
have
been
in
Iowa
,
and
two
members
one
member
who
do
does
not
possess
a
license
issued
under
section
544A.9
and
who
shall
represent
the
general
public.
Members
shall
be
appointed
by
the
governor
subject
to
confirmation
by
the
senate.
Sec.
349.
Section
602.1401,
subsection
3,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
For
purposes
of
chapter
20
,
the
certified
representative,
which
on
July
1,
1983,
represents
employees
who
become
judicial
branch
employees
as
a
result
of
1983
Iowa
Acts,
ch.
186
,
shall
remain
the
certified
representative
when
the
employees
become
judicial
branch
employees
and
thereafter,
unless
the
public
employee
organization
is
not
retained
and
recertified
or
is
Senate
File
2385,
p.
132
decertified
in
an
election
held
under
section
20.15
or
amended
or
absorbed
into
another
certified
organization
pursuant
to
chapter
20
.
Collective
bargaining
negotiations
shall
be
conducted
on
a
statewide
basis
and
the
certified
employee
organizations
which
engage
in
bargaining
shall
negotiate
on
a
statewide
basis,
although
bargaining
units
shall
be
organized
by
judicial
district.
The
public
employment
relations
appeal
board
shall
adopt
rules
pursuant
to
chapter
17A
to
implement
this
subsection
.
Sec.
350.
Section
904.103,
Code
2024,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
5.
Policies
for
the
operation
and
conduct
of
the
department
and
the
implementation
of
all
department
programs.
NEW
SUBSECTION
.
6.
Adoption
of
rules
in
accordance
with
chapter
17A
as
necessary
to
transact
its
business
and
for
the
administration
and
exercise
of
its
powers
and
duties.
NEW
SUBSECTION
.
7.
The
approval
of
the
locations
for
all
state
institutions
which
are
penal,
reformatory,
or
corrective.
Sec.
351.
Section
904.105,
subsections
2,
5,
7,
and
9,
Code
2024,
are
amended
to
read
as
follows:
2.
Adopt
and
establish
Provide
advice
and
recommendations
to
the
department
regarding
policies
for
the
operation
and
conduct
of
the
department
and
the
implementation
of
all
department
programs.
5.
Approve
Provide
advice
and
recommendations
to
the
department
regarding
the
budget
of
the
department
prior
to
submission
to
the
governor.
7.
Adopt
rules
in
accordance
with
chapter
17A
as
the
board
deems
Provide
advice
and
recommendations
to
the
department
regarding
rules
necessary
to
transact
its
business
and
for
the
administration
and
exercise
of
its
powers
and
duties.
9.
Approve
Provide
advice
and
recommendations
regarding
the
locations
for
all
state
institutions
which
are
penal,
reformatory,
or
corrective.
Sec.
352.
Section
904.105,
subsection
3,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
353.
Section
904.802,
subsection
1,
Code
2024,
is
amended
by
striking
the
subsection.
Senate
File
2385,
p.
133
Sec.
354.
Section
904.802,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
“Iowa
state
industries”
means
prison
industries
that
are
established
and
maintained
by
the
Iowa
department
of
corrections
,
in
consultation
with
the
industries
board,
at
or
adjacent
to
the
state’s
adult
correctional
institutions,
except
that
an
inmate
work
program
established
by
the
state
director
under
section
904.703
is
not
restricted
to
industries
at
or
adjacent
to
the
institutions.
Sec.
355.
Section
904.804,
Code
2024,
is
amended
to
read
as
follows:
904.804
Duties
of
industries
board
department
——
state
industries
.
The
industries
board’s
principal
duties
department
shall
be
to
promulgate
and
adopt
rules
and
to
advise
the
state
director
regarding
the
management
of
Iowa
state
industries
so
as
to
further
the
intent
stated
by
section
904.801
.
Sec.
356.
Section
904.805,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
state
director
,
with
the
advice
of
the
industries
board,
shall:
Sec.
357.
Section
904.806,
Code
2024,
is
amended
to
read
as
follows:
904.806
Authority
of
state
director
not
impaired.
Nothing
in
this
subchapter
shall
be
construed
to
impair
the
authority
of
the
state
director
over
the
adult
correctional
institutions
of
this
state,
nor
over
the
inmates
thereof.
It
is,
however,
the
duty
of
the
state
director
to
obtain
the
advice
of
the
industries
board
to
further
the
intent
stated
by
section
904.801
.
Sec.
358.
Section
904.809,
subsection
1,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
The
state
director
and
the
industries
board
shall
comply
with
the
intent
of
section
904.801
.
Sec.
359.
Section
904.809,
subsection
2,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
Any
other
provision
of
the
Code
to
the
contrary
notwithstanding,
the
state
director
may
,
after
obtaining
the
advice
of
the
industries
board,
lease
one
or
more
buildings
or
Senate
File
2385,
p.
134
portions
thereof
on
the
grounds
of
any
state
adult
correctional
institution,
together
with
the
real
estate
needed
for
reasonable
access
to
and
egress
from
the
leased
buildings,
for
a
term
not
to
exceed
twenty
years,
to
a
private
corporation
for
the
purpose
of
establishing
and
operating
a
factory
for
the
manufacture
and
processing
of
products,
or
any
other
commercial
enterprise
deemed
by
the
state
director
to
be
consistent
with
the
intent
stated
in
section
904.801
.
Sec.
360.
Section
904.809,
subsection
2,
paragraph
b,
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
(1)
Persons
working
in
the
factory
or
other
commercial
enterprise
operated
in
the
leased
property,
except
the
lessee’s
supervisory
employees
and
necessary
support
personnel
approved
by
the
industries
board
state
director
,
shall
be
inmates
of
the
institution
where
the
leased
property
is
located
who
are
approved
for
such
work
by
the
state
director
and
the
lessee.
Sec.
361.
Section
904.809,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
The
state
director
with
the
advice
of
the
prison
industries
advisory
board
may
provide
an
inmate
workforce
to
private
industry.
Under
the
program
inmates
will
be
employees
of
a
private
business.
Sec.
362.
Section
904.813,
subsection
2,
paragraph
a,
subparagraphs
(1),
(2),
and
(3),
Code
2024,
are
amended
to
read
as
follows:
(1)
Establishment,
maintenance,
transfer,
or
closure
of
industrial
operations,
or
vocational,
technical,
and
related
training
facilities
and
services
for
inmates
as
authorized
by
the
state
director
in
consultation
with
the
industries
board
.
(2)
Payment
of
all
costs
incurred
by
the
industries
board,
including
but
not
limited
to
per
diem
and
expenses
of
its
members,
and
of
salaries,
allowances,
support,
and
maintenance
of
Iowa
state
industries.
(3)
(2)
Direct
purchases
from
vendors
of
raw
materials
and
capital
items
used
for
the
manufacturing
processes
of
Iowa
state
industries,
in
accordance
with
rules
which
meet
state
bidding
requirements.
The
rules
shall
be
adopted
by
the
state
director
in
consultation
with
the
industries
board
.
Sec.
363.
Section
904.814,
Code
2024,
is
amended
to
read
as
Senate
File
2385,
p.
135
follows:
904.814
Inmate
allowance
supplement
revolving
fund.
There
is
established
in
the
treasury
of
the
state
a
permanent
adult
correctional
institutions
inmate
allowance
supplement
revolving
fund,
consisting
solely
of
money
paid
as
board
and
maintenance
by
inmates
working
in
Iowa
state
industries,
or
working
pursuant
to
section
904.809
.
The
fund
established
by
this
section
may
be
used
to
supplement
the
allowances
of
inmates
who
perform
other
institutional
work
within
and
about
the
adult
correctional
institutions
including
those
who
are
working
in
Iowa
state
industries.
Payments
made
from
the
fund
shall
supplement
and
not
replace
all
or
any
part
of
the
allowances
otherwise
received
by,
and
shall
be
equably
distributed
among
such
inmates.
The
work
of
inmates
in
other
institutional
or
industry
work
shall,
to
the
greatest
extent
feasible,
be
in
accord
with
the
intent
stated
in
section
904.801
.
The
fund
may
also
be
used
to
supplement
other
rehabilitation
activities
within
the
adult
correctional
institutions.
Determination
of
the
use
of
the
funds
is
the
responsibility
of
the
state
director
who
shall
first
seek
the
advice
of
the
prison
industries
advisory
board
.
Sec.
364.
Section
904.909,
Code
2024,
is
amended
to
read
as
follows:
904.909
Work
release
and
OWI
violators
——
reimbursement
to
department
for
transportation
costs.
The
department
of
corrections
shall
arrange
for
the
return
of
a
work
release
client,
or
offender
convicted
of
violating
chapter
321J
,
who
escapes
from
the
facility
to
which
the
client
is
assigned
or
violates
the
conditions
of
supervision.
The
client
or
offender
shall
reimburse
the
department
of
corrections
for
the
cost
of
transportation
incurred
because
of
the
escape
or
violation.
The
amount
of
reimbursement
shall
be
the
actual
cost
incurred
by
the
department
and
shall
be
credited
to
the
support
account
from
which
the
billing
occurred.
The
director
of
the
department
of
corrections
shall
recommend
adopt
rules
pursuant
to
chapter
17A
,
subject
to
approval
by
the
board
of
corrections
pursuant
to
section
904.105,
subsection
7
,
to
implement
this
section
.
Sec.
365.
Section
915.82,
subsection
2,
Code
2024,
is
Senate
File
2385,
p.
136
amended
to
read
as
follows:
2.
The
board
department
shall
adopt
rules
pursuant
to
chapter
17A
relating
to
program
policies
and
procedures.
Sec.
366.
2023
Iowa
Acts,
chapter
19,
section
2795,
subsection
3,
paragraphs
b
and
c,
are
amended
to
read
as
follows:
b.
The
following
are
range
4
positions:
chairperson
and
members
of
the
employment
appeal
board
of
the
department
of
inspections,
appeals,
and
licensing,
director
of
the
Iowa
state
office
of
civil
rights
commission
,
director
of
the
department
for
the
blind,
executive
director
of
the
ethics
and
campaign
disclosure
board,
executive
director
of
the
Iowa
public
information
board,
and
chairperson,
vice
chairperson,
and
members
of
the
board
of
parole.
c.
The
following
are
range
5
positions:
state
public
defender,
labor
commissioner,
workers’
compensation
commissioner,
and
director
of
the
law
enforcement
academy
,
and
executive
director
of
the
public
employment
relations
board
.
Sec.
367.
REPEAL.
Chapters
28B
and
473A,
Code
2024,
are
repealed.
Sec.
368.
REPEAL.
Sections
7D.15,
8A.616,
15.117,
15.480,
15F.102,
20.5,
80E.2,
100C.10,
135.109,
135.173A,
147.16,
154A.7,
155A.2A,
170.2,
190C.2,
190C.2A,
203.11B,
206.23A,
206.23B,
237A.23,
252B.22,
256.15,
256.31,
256I.12,
273.15,
312.3C,
312.3D,
328.13,
423.9A,
455B.150,
455B.151,
461A.79,
461A.80,
465C.3,
465C.4,
465C.5,
465C.6,
465C.7,
466B.31,
475A.7,
481A.10A,
691.6B,
904.803,
and
907B.3,
Code
2024,
are
repealed.
Sec.
369.
CODE
EDITOR
DIRECTIVE
——
TERMINOLOGY
CHANGES.
1.
The
Code
editor
is
directed
to
change
all
references
to
the
“board
of
directors
of
the
Iowa
lottery”
created
in
section
99G.8
to
the
“Iowa
lottery
commission”
and
all
references
to
“board”
when
referring
to
the
board
of
directors
of
the
Iowa
lottery
created
in
section
99G.8
to
“commission”
wherever
they
appear
in
the
Code.
2.
The
Code
editor
is
directed
to
change
all
references
to
the
“Iowa
utilities
board”
created
in
section
474.1
to
the
“Iowa
utilities
commission”,
all
references
to
“utilities
board”
when
referring
to
the
Iowa
utilities
board
created
in
Senate
File
2385,
p.
137
section
474.1
to
“utilities
commission”,
and
all
references
to
“board”
when
referring
to
the
Iowa
utilities
board
created
in
section
474.1
to
“commission”
wherever
they
appear
in
the
Code.
3.
The
Code
editor
is
directed
to
make
changes
in
any
Code
sections
or
other
noncodified
enactments
amended
or
enacted
by
any
other
Act
to
correspond
with
the
changes
made
in
this
Act
if
there
appears
to
be
no
doubt
as
to
the
proper
method
of
making
the
changes
and
the
changes
would
not
be
contrary
to
or
inconsistent
with
the
purposes
of
this
Act
or
any
other
Act.
Sec.
370.
CERTIFICATE
OF
NEED
PROCESS
——
STUDY.
The
department
of
health
and
human
services,
in
consultation
with
the
department
of
inspections,
appeals,
and
licensing,
and
with
the
assistance
of
other
interested
parties,
shall
conduct
a
study
of
the
effectiveness
of
the
existing
certificate
of
need
process
and
shall
make
findings
and
recommendations
related
to
the
continuation
of
the
process
or
the
implementation
of
a
less
restrictive
alternative.
The
department
of
health
and
human
services
shall
submit
a
report,
including
its
findings
and
recommendations,
to
the
governor
and
the
general
assembly
by
December
31,
2025.
DIVISION
X
PUBLIC
OFFICERS
AND
EMPLOYEES
Sec.
371.
Section
69.15,
subsection
1,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
Any
person
who
has
been
appointed
by
the
governor
to
any
board
under
the
laws
of
this
state
shall
be
deemed
to
have
submitted
a
resignation
from
such
office
if
either
any
of
the
following
events
occurs:
Sec.
372.
Section
69.15,
subsection
1,
Code
2024,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
c.
Sufficient
grounds
exist
that
would
otherwise
subject
the
person
to
removal
by
the
executive
council
pursuant
to
section
66.26.
Sec.
373.
Section
69.15,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
If
With
respect
to
subsection
1,
paragraphs
“a”
and
“b”
,
if
such
person
received
no
notice
and
had
no
knowledge
of
a
regular
meeting
and
gives
the
governor
a
sworn
statement
to
that
effect
within
ten
days
after
the
person
learns
of
the
Senate
File
2385,
p.
138
meeting,
such
meeting
shall
not
be
counted
for
the
purposes
of
this
section
.
DIVISION
XI
COUNCIL
ON
HEALTH
AND
HUMAN
SERVICES
Sec.
374.
Section
125.7,
Code
2024,
is
amended
to
read
as
follows:
125.7
Duties
of
the
council.
The
council
shall:
1.
Approve
Make
recommendations
to
the
department
regarding
the
comprehensive
substance
use
disorder
program,
developed
by
the
department
pursuant
to
sections
125.1
through
125.3
,
this
section
,
and
sections
125.9
,
125.10
,
125.12
through
125.21
,
125.25
,
125.32
through
125.34
,
and
125.37
through
125.43
.
2.
Advise
the
department
on
policies
governing
the
performance
of
the
department
in
the
discharge
of
any
duties
imposed
on
the
department
by
law.
3.
Advise
or
make
recommendations
to
the
governor
and
the
general
assembly
relative
to
substance
use
disorder
treatment,
intervention,
education,
and
prevention
programs
in
this
state.
4.
Adopt
rules
for
subsections
1
and
6
and
review
other
rules
necessary
to
carry
out
the
provisions
of
this
chapter
,
subject
to
review
in
accordance
with
chapter
17A
.
5.
4.
Investigate
the
work
of
the
department
relating
to
substance
use
disorder,
and
for
this
purpose
the
council
shall
have
access
at
any
time
to
all
books,
papers,
documents,
and
records
of
the
department.
6.
5.
Consider
and
approve
or
disapprove
make
recommendations
to
the
department
regarding
the
approval
or
disapproval
of
all
applications
for
a
license
and
all
cases
involving
the
renewal,
denial,
suspension,
or
revocation
of
a
license.
7.
Act
as
the
appeal
board
regarding
funding
decisions
made
by
the
department.
Sec.
375.
Section
125.10,
subsections
1
and
11,
Code
2024,
are
amended
to
read
as
follows:
1.
Prepare
and
submit
a
state
plan
subject
to
approval
by
the
council
and
in
accordance
with
42
U.S.C.
§300x-21
et
seq.
The
state
plan
shall
designate
the
department
as
the
sole
agency
for
supervising
the
administration
of
the
plan.
Senate
File
2385,
p.
139
11.
Develop
and
implement,
with
the
counsel
and
approval
advice
of
the
council,
the
comprehensive
plan
for
treatment
of
persons
with
a
substance
use
disorder
in
accordance
with
this
chapter
.
Sec.
376.
Section
125.12,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
council
shall
review
the
comprehensive
substance
use
disorder
program
implemented
by
the
department
for
the
treatment
of
persons
with
a
substance
use
disorder
and
concerned
family
members.
Subject
to
Based
on
the
review
of
the
council,
the
council
shall
make
recommendations
to
the
director,
and
the
director
shall
divide
the
state
into
appropriate
regions
for
the
conduct
of
the
program
and
establish
standards
for
the
development
of
the
program
on
the
regional
level.
In
establishing
the
regions,
consideration
shall
be
given
to
city
and
county
lines,
population
concentrations,
and
existing
substance
use
disorder
treatment
services.
Sec.
377.
Section
125.13,
subsection
2,
paragraphs
a,
b,
i,
and
j,
Code
2024,
are
amended
to
read
as
follows:
a.
A
hospital
providing
care
or
treatment
to
persons
with
a
substance
use
disorder
licensed
under
chapter
135B
which
is
accredited
by
the
joint
commission
on
the
accreditation
of
health
care
organizations,
the
commission
on
accreditation
of
rehabilitation
facilities,
the
American
osteopathic
association,
or
another
recognized
organization
approved
by
the
council
department
.
All
survey
reports
from
the
accrediting
or
licensing
body
must
be
sent
to
the
department.
b.
Any
practitioner
of
medicine
and
surgery
or
osteopathic
medicine
and
surgery,
in
the
practitioner’s
private
practice.
However,
a
program
shall
not
be
exempted
from
licensing
by
the
council
department
by
virtue
of
its
utilization
of
the
services
of
a
medical
practitioner
in
its
operation.
i.
A
substance
use
disorder
treatment
program
not
funded
by
the
department
which
is
accredited
or
licensed
by
the
joint
commission
on
the
accreditation
of
health
care
organizations,
the
commission
on
the
accreditation
of
rehabilitation
facilities,
the
American
osteopathic
association,
or
another
recognized
organization
approved
by
the
council
department
.
Senate
File
2385,
p.
140
All
survey
reports
from
the
accrediting
or
licensing
body
must
be
sent
to
the
department.
j.
A
hospital
substance
use
disorder
treatment
program
that
is
accredited
or
licensed
by
the
joint
commission
on
the
accreditation
of
health
care
organizations,
the
commission
on
the
accreditation
of
rehabilitation
facilities,
the
American
osteopathic
association,
or
another
recognized
organization
approved
by
the
council
department
.
All
survey
reports
for
the
hospital
substance
use
disorder
treatment
program
from
the
accrediting
or
licensing
body
shall
be
sent
to
the
department.
Sec.
378.
Section
125.14,
Code
2024,
is
amended
to
read
as
follows:
125.14
Licenses
——
renewal
——
fees.
The
council
department
shall
consider
all
cases
involving
initial
issuance,
and
renewal,
denial,
suspension,
or
revocation
of
a
license.
The
department
shall
issue
a
license
to
an
applicant
whom
the
council
department
determines
meets
the
licensing
requirements
of
this
chapter
.
Licenses
shall
expire
no
later
than
three
years
from
the
date
of
issuance
and
shall
be
renewed
upon
timely
application
made
in
the
same
manner
as
for
initial
issuance
of
a
license
unless
notice
of
nonrenewal
is
given
to
the
licensee
at
least
thirty
days
prior
to
the
expiration
of
the
license.
The
department
shall
not
charge
a
fee
for
licensing
or
renewal
of
programs
contracting
with
the
department
for
provision
of
treatment
services.
A
fee
may
be
charged
to
other
licensees.
Sec.
379.
Section
125.15A,
subsection
1,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
The
council
department
has
suspended,
revoked,
or
refused
to
renew
the
existing
license
of
the
program.
Sec.
380.
Section
125.16,
Code
2024,
is
amended
to
read
as
follows:
125.16
Transfer
of
license
or
change
of
location
prohibited.
A
license
issued
under
this
chapter
may
not
be
transferred,
and
the
location
of
the
physical
facilities
occupied
or
utilized
by
any
program
licensed
under
this
chapter
shall
not
be
changed
without
the
prior
written
consent
of
the
council
department
.
Sec.
381.
Section
125.17,
Code
2024,
is
amended
to
read
as
Senate
File
2385,
p.
141
follows:
125.17
License
suspension
or
revocation.
Violation
of
any
of
the
requirements
or
restrictions
of
this
chapter
or
of
any
of
the
rules
adopted
pursuant
to
this
chapter
is
cause
for
suspension,
revocation,
or
refusal
to
renew
a
license.
The
director
shall
at
the
earliest
time
feasible
notify
a
licensee
whose
license
the
council
department
is
considering
suspending
or
revoking
and
shall
inform
the
licensee
what
changes
must
be
made
in
the
licensee’s
operation
to
avoid
such
action.
The
licensee
shall
be
given
a
reasonable
time
for
compliance,
as
determined
by
the
director,
after
receiving
such
notice
or
a
notice
that
the
council
department
does
not
intend
to
renew
the
license.
When
the
licensee
believes
compliance
has
been
achieved,
or
if
the
licensee
considers
the
proposed
suspension,
revocation,
or
refusal
to
renew
unjustified,
the
licensee
may
submit
pertinent
information
to
the
council
department
and
the
council
department
shall
expeditiously
make
a
decision
in
the
matter
and
notify
the
licensee
of
the
decision.
Sec.
382.
Section
125.18,
Code
2024,
is
amended
to
read
as
follows:
125.18
Hearing
before
council
department
.
If
a
licensee
under
this
chapter
makes
a
written
request
for
a
hearing
within
thirty
days
of
suspension,
revocation,
or
refusal
to
renew
a
license,
a
hearing
before
the
council
department
shall
be
expeditiously
arranged
by
the
department
of
inspections,
appeals,
and
licensing
whose
decision
is
subject
to
review
by
the
council
department
.
The
council
department
shall
issue
a
written
statement
of
the
council’s
department’s
findings
within
thirty
days
after
conclusion
of
the
hearing
upholding
or
reversing
the
proposed
suspension,
revocation,
or
refusal
to
renew
a
license.
Action
involving
suspension,
revocation,
or
refusal
to
renew
a
license
shall
not
be
taken
by
the
council
unless
a
quorum
is
present
at
the
meeting.
A
copy
of
the
council’s
department’s
decision
shall
be
promptly
transmitted
to
the
affected
licensee
who
may,
if
aggrieved
by
the
decision,
seek
judicial
review
of
the
actions
of
the
council
department
in
accordance
with
the
terms
of
chapter
17A
.
Sec.
383.
Section
125.19,
Code
2024,
is
amended
to
read
as
Senate
File
2385,
p.
142
follows:
125.19
Reissuance
or
reinstatement.
After
suspension,
revocation,
or
refusal
to
renew
a
license
pursuant
to
this
chapter
,
the
affected
licensee
shall
not
have
the
license
reissued
or
reinstated
within
one
year
of
the
effective
date
of
the
suspension,
revocation,
or
expiration
upon
refusal
to
renew,
unless
the
council
department
orders
otherwise.
After
that
time,
proof
of
compliance
with
the
requirements
and
restrictions
of
this
chapter
and
the
rules
adopted
pursuant
to
this
chapter
must
be
presented
to
the
council
department
prior
to
reinstatement
or
reissuance
of
a
license.
Sec.
384.
Section
125.21,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
council
department
has
exclusive
power
in
this
state
to
approve
and
license
chemical
substitutes
and
antagonists
programs,
and
to
monitor
chemical
substitutes
and
antagonists
programs
to
ensure
that
the
programs
are
operating
within
the
rules
adopted
pursuant
to
this
chapter
.
The
council
department
shall
grant
approval
and
license
if
the
requirements
of
the
rules
are
met
and
state
funding
is
not
requested.
The
chemical
substitutes
and
antagonists
programs
conducted
by
persons
exempt
from
the
licensing
requirements
of
this
chapter
pursuant
to
section
125.13,
subsection
2
,
are
subject
to
approval
and
licensure
under
this
section
.
Sec.
385.
Section
125.43A,
Code
2024,
is
amended
to
read
as
follows:
125.43A
Prescreening
——
exception.
Except
in
cases
of
medical
emergency
or
court-ordered
admissions,
a
person
shall
be
admitted
to
a
state
mental
health
institute
for
treatment
of
a
substance
use
disorder
only
after
a
preliminary
intake
and
assessment
by
a
department-licensed
treatment
facility
or
a
hospital
providing
care
or
treatment
for
persons
with
a
substance
use
disorder
licensed
under
chapter
135B
and
accredited
by
the
joint
commission
on
the
accreditation
of
health
care
organizations,
the
commission
on
accreditation
of
rehabilitation
facilities,
the
American
osteopathic
association,
or
another
recognized
organization
approved
by
the
council
department
,
or
by
a
designee
of
a
Senate
File
2385,
p.
143
department-licensed
treatment
facility
or
a
hospital
other
than
a
state
mental
health
institute,
which
confirms
that
the
admission
is
appropriate
to
the
person’s
substance
use
disorder
service
needs.
A
county
board
of
supervisors
may
seek
an
admission
of
a
patient
to
a
state
mental
health
institute
who
has
not
been
confirmed
for
appropriate
admission
and
the
county
shall
be
responsible
for
one
hundred
percent
of
the
cost
of
treatment
and
services
of
the
patient.
Sec.
386.
Section
125.58,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
If
the
department
has
probable
cause
to
believe
that
an
institution,
place,
building,
or
agency
not
licensed
as
a
substance
use
disorder
treatment
and
rehabilitation
facility
is
in
fact
a
substance
use
disorder
treatment
and
rehabilitation
facility
as
defined
by
this
chapter
,
and
is
not
exempt
from
licensing
by
section
125.13,
subsection
2
,
the
council
department
may
order
an
inspection
of
the
institution,
place,
building,
or
agency.
If
the
inspector
upon
presenting
proper
identification
is
denied
entry
for
the
purpose
of
making
the
inspection,
the
inspector
may,
with
the
assistance
of
the
county
attorney
of
the
county
in
which
the
premises
are
located,
apply
to
the
district
court
for
an
order
requiring
the
owner
or
occupant
to
permit
entry
and
inspection
of
the
premises
to
determine
whether
there
have
been
violations
of
this
chapter
.
The
investigation
may
include
review
of
records,
reports,
and
documents
maintained
by
the
facility
and
interviews
with
staff
members
consistent
with
the
confidentiality
safeguards
of
state
and
federal
law.
Sec.
387.
Section
135.141,
subsection
2,
paragraph
i,
Code
2024,
is
amended
to
read
as
follows:
i.
Adopt
rules
pursuant
to
chapter
17A
for
the
administration
of
this
subchapter
including
rules
adopted
in
cooperation
with
the
Iowa
pharmacy
association
and
the
Iowa
hospital
association
for
the
development
of
a
surveillance
system
to
monitor
supplies
of
drugs,
antidotes,
and
vaccines
to
assist
in
detecting
a
potential
public
health
disaster.
Prior
to
adoption,
the
rules
shall
be
approved
by
the
council
on
health
and
human
services
and
the
director
of
the
department
of
homeland
security
and
emergency
management.
Senate
File
2385,
p.
144
Sec.
388.
Section
135A.8,
subsection
4,
Code
2024,
is
amended
to
read
as
follows:
4.
A
local
board
of
health
seeking
matching
funds
or
grants
under
this
section
shall
apply
to
the
department.
The
council
on
health
and
human
services
department
shall
adopt
rules
concerning
the
application
and
award
process
for
the
allocation
of
moneys
in
the
fund
and
shall
establish
the
criteria
for
the
allocation
of
moneys
in
the
fund
if
the
moneys
are
insufficient
to
meet
the
needs
of
local
boards
of
health.
Sec.
389.
Section
135A.9,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
council
on
health
and
human
services
department
shall
adopt
rules
pursuant
to
chapter
17A
to
implement
this
chapter
which
shall
include
but
are
not
limited
to
the
following:
Sec.
390.
Section
135B.7,
subsection
1,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
The
department
,
with
the
approval
of
the
council
on
health
and
human
services,
shall
adopt
rules
setting
out
the
standards
for
the
different
types
of
hospitals
and
for
rural
emergency
hospitals
to
be
licensed
under
this
chapter
.
The
department
shall
enforce
the
rules.
Sec.
391.
Section
135C.14,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
department
shall,
in
accordance
with
chapter
17A
and
with
the
approval
of
the
council
on
health
and
human
services
,
adopt
and
enforce
rules
setting
minimum
standards
for
health
care
facilities.
In
so
doing,
the
department
,
with
the
approval
of
the
council
on
health
and
human
services,
may
adopt
by
reference,
with
or
without
amendment,
nationally
recognized
standards
and
rules,
which
shall
be
specified
by
title
and
edition,
date
of
publication,
or
similar
information.
The
rules
and
standards
required
by
this
section
shall
be
formulated
in
consultation
with
the
director
of
health
and
human
services
or
the
director
of
health
and
human
services’
designee,
with
the
director,
and
with
affected
industry,
professional,
and
consumer
groups,
and
shall
be
designed
to
further
the
accomplishment
of
the
purposes
of
this
chapter
and
shall
relate
to:
Sec.
392.
Section
135J.7,
Code
2024,
is
amended
to
read
as
Senate
File
2385,
p.
145
follows:
135J.7
Rules.
Except
as
otherwise
provided
in
this
chapter
,
the
department
shall
adopt
rules
pursuant
to
chapter
17A
necessary
to
implement
this
chapter
,
subject
to
approval
of
the
council
on
health
and
human
services
.
Formulation
of
the
rules
shall
include
consultation
with
Iowa
hospice
organization
representatives
and
other
persons
affected
by
this
chapter
.
Sec.
393.
Section
135R.4,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
department,
with
the
advice
and
approval
of
the
council
on
health
and
human
services,
shall
adopt
rules
specifying
the
standards
for
ambulatory
surgical
centers
to
be
licensed
under
this
chapter
.
The
rules
shall
be
consistent
with
and
shall
not
exceed
the
requirements
of
this
chapter
and
the
conditions
for
coverage
in
the
federal
Medicare
program
for
ambulatory
surgical
centers
under
42
C.F.R.
pt.
416
.
Sec.
394.
Section
137.104,
subsection
1,
paragraph
b,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
Make
and
enforce
such
reasonable
rules
and
regulations
not
inconsistent
with
law
and
the
rules
of
the
council
department
as
may
be
necessary
for
the
protection
and
improvement
of
the
public
health.
Sec.
395.
Section
137.105,
subsection
1,
paragraph
f,
Code
2024,
is
amended
to
read
as
follows:
f.
A
local
board
of
health
member
shall
serve
without
compensation,
but
may
be
reimbursed
for
necessary
expenses
in
accordance
with
rules
established
by
the
council
department
or
the
applicable
jurisdiction.
Sec.
396.
Section
137.107,
Code
2024,
is
amended
to
read
as
follows:
137.107
Request
reviewed
by
state
department.
The
state
department
shall
review
requests
submitted
pursuant
to
section
137.106
.
The
state
department,
upon
finding
that
all
required
elements
are
present,
shall
present
findings
to
the
council.
The
council
may
approve
the
formation
of
a
district
board
and
if
the
formation
is
approved,
shall
notify
the
county
boards
from
whom
the
request
was
received.
Senate
File
2385,
p.
146
Sec.
397.
Section
137.114,
Code
2024,
is
amended
to
read
as
follows:
137.114
Withdrawal
from
district.
A
county
may
withdraw
from
an
existing
district
board
upon
submission
of
a
request
for
withdrawal
to
and
approval
by
the
state
department.
The
request
shall
include
a
plan
to
reform
its
county
board
or
join
a
different
district
board,
information
specified
in
section
137.106
,
and
approval
of
the
request
by
the
district
board
and,
at
the
recommendation
of
the
state
department,
the
council
.
Any
county
choosing
to
withdraw
from
the
district
board
shall
commit
to
the
continuity
of
services
in
its
county
by
reestablishing
its
county
board
or
joining
a
different
district
board.
The
remaining
counties
in
the
district
shall
submit
an
application
including
the
information
specified
in
section
137.106
to
the
state
department
for
review
as
provided
in
section
137.107
.
Sec.
398.
Section
137.119,
Code
2024,
is
amended
to
read
as
follows:
137.119
Adoption
of
rules.
The
council
department
shall
adopt
rules
to
implement
this
chapter
.
The
department
is
vested
with
discretionary
authority
to
interpret
the
provisions
of
this
chapter
.
Sec.
399.
Section
139A.8,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
Subject
to
the
provision
of
subsection
4
,
the
council
on
health
and
human
services
department
may
modify
or
delete
any
of
the
immunizations
in
subsection
2
.
Sec.
400.
Section
139A.8,
subsection
4,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
The
exemptions
under
this
subsection
do
not
apply
in
times
of
emergency
or
epidemic
as
determined
by
the
council
on
health
and
human
services
and
as
declared
by
the
director
of
health
and
human
services
.
Sec.
401.
Section
139A.9,
Code
2024,
is
amended
to
read
as
follows:
139A.9
Forcible
removal
——
isolation
——
quarantine.
The
forcible
removal
and
isolation
or
quarantine
of
any
infected
person
shall
be
accomplished
according
to
the
rules
and
regulations
of
the
local
board
or
the
rules
of
the
council
Senate
File
2385,
p.
147
on
health
and
human
services
department
.
Sec.
402.
Section
141A.2,
subsection
6,
Code
2024,
is
amended
to
read
as
follows:
6.
The
department
,
with
the
approval
of
the
council
on
health
and
human
services,
may
conduct
epidemiological
blinded
and
nonblinded
studies
to
determine
the
incidence
and
prevalence
of
HIV
infection.
Initiation
of
any
new
epidemiological
studies
shall
be
contingent
upon
the
receipt
of
funding
sufficient
to
cover
all
the
costs
associated
with
the
studies.
The
informed
consent,
reporting,
and
counseling
requirements
of
this
chapter
shall
not
apply
to
blinded
studies.
Sec.
403.
Section
217.2,
subsection
1,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
There
is
created
within
the
department
a
council
on
health
and
human
services
which
shall
act
in
a
policymaking
and
an
advisory
capacity
on
matters
within
the
jurisdiction
of
the
department.
The
council
shall
consist
of
nine
voting
members
appointed
by
the
governor
subject
to
confirmation
by
the
senate.
Appointments
shall
be
made
on
the
basis
of
interest
in
public
affairs,
good
judgment,
and
knowledge
and
ability
in
the
field
of
health
and
human
services.
Appointments
shall
be
made
to
provide
a
diversity
of
interest
and
point
of
view
in
the
membership
and
without
regard
to
religious
opinions
or
affiliations.
The
voting
members
of
the
council
shall
serve
for
six-year
staggered
terms.
Sec.
404.
Section
217.3,
Code
2024,
is
amended
to
read
as
follows:
217.3
Duties
of
council.
The
council
shall:
1.
Organize
annually
and
select
a
chairperson
and
vice
chairperson.
2.
Adopt
and
establish
policy
for
the
operation
and
Advise
the
department
on
conduct
of
the
department
,
subject
to
any
guidelines
which
may
be
adopted
by
the
general
assembly,
and
the
implementation
of
all
services
and
programs
administered
by
the
department.
3.
Report
immediately
to
the
governor
any
failure
by
the
department
to
carry
out
any
of
the
policy
decisions
or
Senate
File
2385,
p.
148
directives
of
the
council
department
.
4.
Approve
Advise
and
make
recommendations
to
the
department
on
the
budget
of
the
department
prior
to
submission
to
the
governor.
Prior
to
approval
of
making
recommendations
on
the
budget,
the
council
shall
publicize
and
hold
a
public
hearing
to
provide
explanations
and
hear
questions,
opinions,
and
suggestions
regarding
the
budget.
Invitations
to
the
hearing
shall
be
extended
to
the
governor,
the
governor-elect,
the
director
of
the
department
of
management,
and
other
persons
deemed
by
the
council
as
integral
to
the
budget
process.
The
budget
materials
submitted
to
the
governor
shall
include
a
review
of
options
recommendations
for
revising
the
medical
assistance
program
made
available
by
federal
action
or
by
actions
implemented
by
other
states
as
identified
by
the
department,
the
medical
assistance
advisory
council
created
in
section
249A.4B
,
and
by
county
representatives.
The
review
shall
address
what
potential
revisions
could
be
made
in
this
state
and
how
the
changes
would
be
beneficial
to
Iowans.
5.
Insure
Make
recommendations
to
the
department
to
ensure
that
all
programs
administered
or
services
rendered
by
the
department
directly
to
any
citizen
or
through
a
local
agency
to
any
citizen
are
coordinated
and
integrated
so
that
any
citizen
does
not
receive
a
duplication
of
services
from
various
departments
or
local
agencies
that
could
be
rendered
by
one
department
or
local
agency.
If
the
council
finds
that
such
is
not
the
case,
it
shall
hear
and
determine
which
department
or
local
agency
shall
provide
the
needed
service
or
services
and
enter
an
order
of
their
determination
by
resolution
of
the
council
which
must
be
concurred
in
by
at
least
a
majority
of
the
members.
Thereafter
such
order
or
resolution
of
the
council
shall
be
obeyed
by
all
state
departments
and
local
agencies
to
which
it
is
directed.
6.
Adopt
all
necessary
rules
recommended
by
the
department
prior
to
their
promulgation
pursuant
to
chapter
17A
.
7.
6.
Recommend
to
the
governor
the
names
of
individuals
qualified
for
the
position
of
director
when
a
vacancy
exists
in
the
office.
Sec.
405.
Section
217.3A,
Code
2024,
is
amended
to
read
as
follows:
Senate
File
2385,
p.
149
217.3A
Advisory
committees.
The
council
may
establish
and
utilize
other
ad
hoc
advisory
committees
as
determined
necessary
to
advise
the
council
related
to
the
subject
matter
under
the
purview
of
the
department,
including
but
not
limited
to
child
and
family
services,
behavioral
health,
public
health,
and
the
department’s
interactions
with
the
juvenile
justice
system
.
The
council
shall
establish
appointment
provisions,
membership
terms,
operating
guidelines,
and
other
operational
requirements
for
committees
established
pursuant
to
this
section
.
Sec.
406.
Section
217.6,
Code
2024,
is
amended
to
read
as
follows:
217.6
Rules
and
regulations
——
organization
of
department.
1.
The
director
may
recommend
submit
to
the
council
for
adoption
review
and
recommendation,
rules
and
regulations
necessary
to
administer
the
duties,
functions,
and
programs
of
the
department.
Any
action
taken,
decision
made,
or
administrative
rule
adopted
may
be
reviewed
by
the
director.
The
director,
upon
may
consider
such
review,
may
affirm,
modify,
or
reverse
any
such
action,
decision,
or
rule
recommendations
in
adopting
rules
for
the
department
.
2.
The
rules
and
regulations
adopted
for
the
public
benefits
and
programs
administered
by
the
department
shall
apply
the
residency
eligibility
restrictions
required
by
federal
and
state
law.
3.
The
director
shall
organize
the
department
into
subunits
as
necessary
to
most
efficiently
carry
out
the
intent
of
this
chapter
and
any
other
chapter
the
department
is
responsible
for
administering.
4.
If
the
department
requires
or
requests
a
service
consumer,
service
provider,
or
other
person
to
maintain
required
documentation
in
electronic
form,
the
department
shall
accept
such
documentation
submitted
by
electronic
means
and
shall
not
require
a
physical
copy
of
the
documentation
unless
required
by
state
or
federal
law.
Sec.
407.
Section
218.4,
subsections
1
and
2,
Code
2024,
are
amended
to
read
as
follows:
1.
The
department
shall
recommend
to
the
council
for
adoption
adopt
rules
not
inconsistent
with
law
as
necessary
Senate
File
2385,
p.
150
for
the
management
of
the
institutions
and
the
admission,
treatment,
care,
custody,
education
and
discharge
of
residents.
It
is
the
duty
of
the
department
to
establish
rules
by
which
danger
to
life
and
property
from
fire
will
be
minimized.
The
department
may
require
any
appointees
to
perform
duties
in
addition
to
those
required
by
statute.
2.
Rules
adopted
by
the
council
department
pursuant
to
chapter
17A
shall
be
uniform
and
shall
apply
to
all
institutions
under
the
department’s
jurisdiction.
The
primary
rules
for
use
in
institutions
where
persons
with
mental
illness
are
served
shall,
unless
otherwise
indicated,
uniformly
apply
to
county
or
private
hospitals
in
which
persons
with
mental
illness
are
served,
but
the
rules
shall
not
interfere
with
proper
medical
treatment
administered
to
such
persons
by
competent
physicians.
Annually,
signed
copies
of
the
rules
shall
be
sent
to
the
superintendent
of
each
institution.
Copies
shall
also
be
sent
to
the
clerk
of
each
district
court,
the
chairperson
of
the
board
of
supervisors
of
each
county
and,
as
appropriate,
to
the
officer
in
charge
of
institutions
or
hospitals
caring
for
persons
with
mental
illness
in
each
county
who
shall
be
responsible
for
seeing
that
the
rules
are
posted
in
each
institution
or
hospital
in
a
prominent
place.
The
rules
shall
be
kept
current
to
meet
the
public
need
and
shall
be
revised
and
published
annually.
Sec.
408.
Section
222.1,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
The
Glenwood
state
resource
center
and
the
Woodward
state
resource
center
are
established
and
shall
be
maintained
as
the
state’s
regional
resource
centers
for
the
purpose
of
providing
treatment,
training,
instruction,
care,
habilitation,
and
support
of
persons
with
an
intellectual
disability
or
other
disabilities
in
this
state,
and
providing
facilities,
services,
and
other
support
to
the
communities
located
in
the
region
being
served
by
a
state
resource
center.
In
addition,
the
state
resource
centers
are
encouraged
to
serve
as
a
training
resource
for
community-based
program
staff,
medical
students,
and
other
participants
in
professional
education
programs.
A
resource
center
may
request
the
approval
of
the
council
department
to
change
the
name
of
the
resource
center
for
use
in
Senate
File
2385,
p.
151
communication
with
the
public,
in
signage,
and
in
other
forms
of
communication.
Sec.
409.
Section
222.2,
Code
2024,
is
amended
to
read
as
follows:
222.2
Definitions.
When
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Auditor”
means
the
county
auditor
or
the
auditor’s
designee.
2.
“Council”
means
the
council
on
health
and
human
services.
3.
2.
“Department”
means
the
department
of
health
and
human
services.
4.
3.
“Director”
means
the
director
of
health
and
human
services.
5.
4.
“Intellectual
disability”
means
the
same
as
defined
in
section
4.1
.
6.
5.
“Mental
health
and
disability
services
region”
means
a
mental
health
and
disability
services
region
formed
in
accordance
with
section
225C.56
.
7.
6.
“Regional
administrator”
means
the
regional
administrator
of
a
mental
health
and
disability
services
region,
as
defined
in
section
225C.55
.
8.
7.
“Special
unit”
means
a
special
intellectual
disability
unit
established
at
a
state
mental
health
institute
pursuant
to
sections
222.88
through
222.91
.
9.
8.
“State
resource
centers”
or
“resource
centers”
means
the
Glenwood
state
resource
center
and
the
Woodward
state
resource
center.
10.
9.
“Superintendents”
means
the
superintendents
of
the
state
resource
centers.
Sec.
410.
Section
225.33,
Code
2024,
is
amended
to
read
as
follows:
225.33
Death
of
patient
——
disposal
of
body.
When
a
committed
public
patient
or
a
voluntary
public
patient
or
a
committed
private
patient
dies
while
at
the
state
psychiatric
hospital
or
at
the
university
hospital,
the
state
psychiatric
hospital
shall
have
the
body
prepared
for
shipment
in
accordance
with
the
rules
prescribed
by
the
council
on
department
of
health
and
human
services
for
shipping
such
Senate
File
2385,
p.
152
bodies.
It
is
the
duty
of
the
state
board
of
regents
to
make
arrangements
for
the
embalming
and
such
other
preparation
as
necessary
to
comply
with
the
rules
and
for
the
purchase
of
suitable
caskets.
Sec.
411.
Section
225C.49,
subsection
1,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
department
shall
provide
coordination
of
the
programs
administered
by
the
department
which
serve
individuals
with
a
disability
and
the
individuals’
families,
including
but
not
limited
to
the
following
juvenile
justice
and
child
welfare
services:
family-centered
services
described
under
section
232.102
,
decategorization
of
child
welfare
funding
provided
for
under
section
232.188
,
and
foster
care
services
paid
under
section
234.35,
subsection
3
.
The
department
shall
regularly
review
administrative
rules
associated
with
such
programs
and
make
recommendations
to
the
council,
governor
,
and
general
assembly
for
revisions
to
remove
barriers
to
the
programs
for
individuals
with
a
disability
and
the
individuals’
families
including
the
following:
Sec.
412.
Section
226.1,
subsections
3
and
4,
Code
2024,
are
amended
to
read
as
follows:
3.
A
mental
health
institute
may
request
the
approval
of
the
council
department
to
change
the
name
of
the
institution
for
use
in
communication
with
the
public,
in
signage,
and
in
other
forms
of
communication.
4.
For
the
purposes
of
this
chapter
,
unless
the
context
otherwise
requires:
a.
“Council”
means
the
council
on
health
and
human
services.
b.
a.
“Department”
means
the
department
of
health
and
human
services.
c.
b.
“Director”
means
the
director
of
health
and
human
services.
d.
c.
“Mental
health
and
disability
services
region”
means
a
mental
health
and
disability
services
region
formed
in
accordance
with
section
225C.56
.
e.
d.
“Mental
health
institute”
or
“state
mental
health
institute”
means
a
state
hospital
for
persons
with
mental
illness
as
designated
in
this
chapter
.
f.
e.
“Regional
administrator”
means
the
same
as
defined
Senate
File
2385,
p.
153
in
section
225C.55
.
Sec.
413.
Section
234.1,
Code
2024,
is
amended
to
read
as
follows:
234.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Child”
means
either
a
person
less
than
eighteen
years
of
age
or
a
person
eighteen,
nineteen,
or
twenty
years
of
age
who
meets
all
of
the
following
conditions:
a.
The
person
was
placed
by
court
order
issued
pursuant
to
chapter
232
in
foster
care
or
in
an
institution
listed
in
section
218.1
and
either
of
the
following
situations
apply
to
the
person:
(1)
After
reaching
eighteen
years
of
age,
the
person
has
remained
continuously
and
voluntarily
under
the
care
of
an
individual,
as
defined
in
section
237.1
,
licensed
to
provide
foster
care
pursuant
to
chapter
237
or
in
a
supervised
apartment
living
arrangement,
in
this
state.
(2)
The
person
aged
out
of
foster
care
after
reaching
eighteen
years
of
age
and
subsequently
voluntarily
applied
for
placement
with
an
individual,
as
defined
in
section
237.1
,
licensed
to
provide
foster
care
pursuant
to
chapter
237
or
for
placement
in
a
supervised
apartment
living
arrangement,
in
this
state.
b.
The
person
has
demonstrated
a
willingness
to
participate
in
case
planning
and
to
complete
the
responsibilities
prescribed
in
the
person’s
case
permanency
plan.
c.
The
department
has
made
an
application
for
the
person
for
adult
services
upon
a
determination
that
it
is
likely
the
person
will
need
or
be
eligible
for
services
or
other
support
from
the
adult
services
system.
2.
“Council”
means
the
council
on
health
and
human
services.
3.
2.
“Department”
means
the
department
of
health
and
human
services.
4.
3.
“Director”
means
the
director
of
health
and
human
services.
5.
4.
“Food
programs”
means
the
supplemental
nutrition
assistance
program
and
donated
foods
programs
authorized
by
federal
law
under
the
United
States
department
of
agriculture.
Senate
File
2385,
p.
154
6.
5.
“Supplemental
nutrition
assistance
program”
or
“SNAP”
means
benefits
provided
by
the
federal
program
administered
through
7
C.F.R.
pts.
270
–
283
,
as
amended.
Sec.
414.
Section
234.6,
subsection
1,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
director
shall
administer
the
family
investment
program,
state
supplementary
assistance,
food
programs,
child
welfare,
and
emergency
relief,
family
and
adult
service
programs,
and
any
other
form
of
public
assistance
and
institutions
that
are
placed
under
the
director’s
administration.
The
director
shall
perform
duties,
formulate
and
adopt
rules
as
necessary,
and
outline
policies,
dictate
procedure,
and
delegate
powers
as
necessary
for
competent
and
efficient
administration.
Subject
to
restrictions
that
may
be
imposed
by
the
council,
the
The
director
may
abolish,
alter,
consolidate,
or
establish
subunits
and
abolish
or
change
existing
subunits.
The
director
may
employ
necessary
personnel
and
determine
their
compensation;
may
allocate
or
reallocate
functions
and
duties
among
subunits;
and
may
adopt
rules
relating
to
the
employment
of
personnel
and
the
allocation
of
their
functions
and
duties
among
the
various
subunits
as
required
for
competent
and
efficient
administration.
The
director
shall
do
all
of
the
following:
Sec.
415.
Section
234.6,
subsection
1,
paragraphs
d
and
h,
Code
2024,
are
amended
to
read
as
follows:
d.
Notwithstanding
any
provisions
to
the
contrary
in
chapter
239B
relating
to
the
consideration
of
income
and
resources
of
claimants
for
assistance,
and
with
the
consent
and
approval
of
the
council,
adopt
rules
necessary
to
qualify
for
federal
aid
in
the
assistance
programs
administered
by
the
director.
h.
Recommend
Adopt
rules
for
their
adoption
by
the
council
for
before
and
after
school
child
care
programs,
conducted
within
and
by
or
contracted
for
by
school
districts,
that
are
appropriate
for
the
ages
of
the
children
who
receive
services
under
the
programs.
Sec.
416.
Section
237.1,
Code
2024,
is
amended
to
read
as
follows:
237.1
Definitions.
As
used
in
this
chapter
:
1.
“Agency”
means
a
person
which
provides
child
foster
care
Senate
File
2385,
p.
155
and
which
does
not
meet
the
definition
of
an
individual
as
defined
under
this
section
.
2.
“Child”
means
child
as
defined
in
section
234.1
.
3.
“Child
foster
care”
means
the
provision
of
parental
nurturing,
including
but
not
limited
to
the
furnishing
of
food,
lodging,
training,
education,
supervision,
treatment,
or
other
care,
to
a
child
on
a
full-time
basis
by
a
person,
including
a
relative
of
the
child
if
the
relative
is
licensed
under
this
chapter
,
but
not
including
a
guardian
of
the
child.
“Child
foster
care”
does
not
include
any
of
the
following
care
situations:
a.
Care
furnished
by
an
individual
person
who
receives
the
child
of
a
personal
friend
as
an
occasional
and
personal
guest
in
the
individual
person’s
home,
free
of
charge
and
not
as
a
business.
b.
Care
furnished
by
an
individual
person
with
whom
a
child
has
been
placed
for
lawful
adoption,
unless
that
adoption
is
not
completed
within
two
years
after
placement.
c.
Care
furnished
by
a
private
boarding
school
subject
to
approval
by
the
state
board
of
education
pursuant
to
section
256.11
.
d.
Child
care
furnished
by
a
child
care
center,
a
child
development
home,
or
a
child
care
home
as
defined
in
section
237A.1
.
e.
Care
furnished
in
a
hospital
licensed
under
chapter
135B
or
care
furnished
in
a
nursing
facility
licensed
under
chapter
135C
.
f.
Care
furnished
by
a
relative
of
a
child
or
an
individual
person
with
a
meaningful
relationship
with
the
child
where
the
child
is
not
under
the
placement,
care,
or
supervision
of
the
department.
4.
“Council”
means
the
council
on
health
and
human
services.
5.
4.
“Department”
means
the
department
of
health
and
human
services.
6.
5.
“Director”
means
the
director
of
health
and
human
services.
7.
6.
“Facility”
means
the
personnel,
program,
physical
plant,
and
equipment
of
a
licensee.
8.
7.
“Individual”
means
an
individual
person
or
a
married
Senate
File
2385,
p.
156
couple
who
provides
child
foster
care
in
a
single-family
home
environment
and
which
does
not
meet
the
definition
of
an
agency
under
this
section
.
9.
8.
“Licensee”
means
an
individual
or
an
agency
licensed
under
this
chapter
.
10.
9.
“Reasonable
and
prudent
parent
standard”
means
the
standard
characterized
by
careful
and
sensible
parenting
decisions
that
maintain
the
health,
safety,
and
best
interests
of
a
child,
while
at
the
same
time
encouraging
the
emotional
and
developmental
growth
of
a
child,
that
a
caregiver
shall
use
when
determining
whether
to
allow
a
child
in
foster
care
under
the
placement,
care,
or
supervision
of
the
department
to
participate
in
extracurricular,
enrichment,
cultural,
or
social
activities.
For
the
purposes
of
this
subsection
,
“caregiver”
means
an
individual
or
an
agency
licensed
under
this
chapter
with
which
a
child
in
foster
care
has
been
placed
or
a
juvenile
shelter
care
home
approved
under
chapter
232
in
which
a
child
in
foster
care
has
been
placed.
Sec.
417.
Section
237.3,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
Except
as
otherwise
provided
by
subsections
3
and
4
,
the
department
shall
promulgate,
after
their
adoption
by
the
council,
adopt
and
enforce
in
accordance
with
chapter
17A
,
administrative
rules
necessary
to
implement
this
chapter
.
Formulation
of
the
rules
shall
include
consultation
with
representatives
of
child
foster
care
providers
and
other
persons
affected
by
this
chapter
.
The
rules
shall
encourage
the
provision
of
child
foster
care
in
a
single-family,
home
environment,
exempting
the
single-family,
home
facility
from
inappropriate
rules.
Sec.
418.
Section
237A.1,
Code
2024,
is
amended
to
read
as
follows:
237A.1
Definitions.
As
used
in
this
chapter
unless
the
context
otherwise
requires:
1.
“Child”
means
either
of
the
following:
a.
A
person
twelve
years
of
age
or
younger.
b.
A
person
thirteen
years
of
age
or
older
but
younger
than
nineteen
years
of
age
who
has
a
developmental
disability
as
Senate
File
2385,
p.
157
defined
under
the
federal
Developmental
Disabilities
Assistance
and
Bill
of
Rights
Act
of
2000,
Pub.
L.
No.
106-402,
as
codified
in
42
U.S.C.
§15002(8).
2.
“Child
care”
means
the
care,
supervision,
and
guidance
of
a
child
by
a
person
other
than
the
child’s
parent,
guardian,
or
custodian
for
periods
of
less
than
twenty-four
hours
per
day
per
child
on
a
regular
basis,
but
does
not
include
care,
supervision,
and
guidance
of
a
child
by
any
of
the
following:
a.
An
instructional
program
for
children
who
are
attending
prekindergarten
as
defined
by
the
state
board
of
education
under
section
256.11
or
a
higher
grade
level
and
are
at
least
four
years
of
age,
or
are
at
least
three
years
of
age
and
eligible
for
special
education
under
chapter
256B
,
administered
by
any
of
the
following:
(1)
A
public
or
nonpublic
school
system
accredited
by
the
department
of
education
or
the
state
board
of
regents.
(2)
A
nonpublic
school
system
which
is
not
accredited
by
the
department
of
education
or
the
state
board
of
regents.
b.
Any
of
the
following
church-related
programs:
(1)
An
instructional
program.
(2)
A
youth
program
other
than
a
preschool,
before
or
after
school
child
care
program,
or
other
child
care
program.
(3)
A
program
providing
care
to
children
on
church
premises
while
the
children’s
parents
are
attending
church-related
or
church-sponsored
activities
on
the
church
premises.
c.
Short-term
classes
of
less
than
two
weeks’
duration
held
between
school
terms
or
during
a
break
within
a
school
term.
d.
A
child
care
center
for
sick
children
operated
as
part
of
a
pediatrics
unit
in
a
hospital
licensed
by
the
department
of
inspections,
appeals,
and
licensing
pursuant
to
chapter
135B
.
e.
A
program
operated
not
more
than
one
day
per
week
by
volunteers
which
meets
all
of
the
following
conditions:
(1)
Not
more
than
eleven
children
are
served
per
volunteer.
(2)
The
program
operates
for
less
than
four
hours
during
any
twenty-four-hour
period.
(3)
The
program
is
provided
at
no
cost
to
the
children’s
parent,
guardian,
or
custodian.
f.
A
program
administered
by
a
political
subdivision
of
the
state
which
is
primarily
for
recreational
or
social
purposes
Senate
File
2385,
p.
158
and
is
limited
to
children
who
are
five
years
of
age
or
older
and
attending
school.
g.
An
after
school
program
continuously
offered
throughout
the
school
year
calendar
to
children
who
are
at
least
five
years
of
age
and
are
enrolled
in
school,
and
attend
the
program
intermittently
or
a
summer-only
program
for
such
children.
The
program
must
be
provided
through
a
nominal
membership
fee
or
at
no
cost.
h.
A
special
activity
program
which
meets
less
than
four
hours
per
day
for
the
sole
purpose
of
the
special
activity.
Special
activity
programs
include
but
are
not
limited
to
music
or
dance
classes,
organized
athletic
or
sports
programs,
recreational
classes,
scouting
programs,
and
hobby
or
craft
clubs
or
classes.
i.
A
nationally
accredited
camp.
j.
A
structured
program
for
the
purpose
of
providing
therapeutic,
rehabilitative,
or
supervisory
services
to
children
under
any
of
the
following:
(1)
A
purchase
of
service
or
managed
care
contract
with
the
department.
(2)
A
contract
approved
by
a
governance
board
of
a
decategorization
of
child
welfare
and
juvenile
justice
funding
project
created
under
section
232.188
.
(3)
An
arrangement
approved
by
a
juvenile
court
order.
k.
Care
provided
on-site
to
children
of
parents
residing
in
an
emergency,
homeless,
or
domestic
violence
shelter.
l.
A
child
care
facility
providing
respite
care
to
a
licensed
foster
family
home
for
a
period
of
twenty-four
hours
or
more
to
a
child
who
is
placed
with
that
licensed
foster
family
home.
m.
A
program
offered
to
a
child
whose
parent,
guardian,
or
custodian
is
engaged
solely
in
a
recreational
or
social
activity,
remains
immediately
available
and
accessible
on
the
physical
premises
on
which
the
child’s
care
is
provided,
and
does
not
engage
in
employment
while
the
care
is
provided.
However,
if
the
recreational
or
social
activity
is
provided
in
a
fitness
center
or
on
the
premises
of
a
nonprofit
organization,
the
parent,
guardian,
or
custodian
of
the
child
may
be
employed
to
teach
or
lead
the
activity.
Senate
File
2385,
p.
159
3.
“Child
care
center”
or
“center”
means
a
facility
providing
child
care
or
preschool
services
for
seven
or
more
children,
except
when
the
facility
is
registered
as
a
child
development
home.
4.
“Child
care
facility”
or
“facility”
means
a
child
care
center,
preschool,
or
a
registered
child
development
home.
5.
“Child
care
home”
means
a
person
or
program
providing
child
care
to
any
of
the
following
children
at
any
one
time
that
is
not
registered
to
provide
child
care
under
this
chapter
,
as
authorized
under
section
237A.3
:
a.
Five
or
fewer
children.
b.
Six
or
fewer
children,
if
at
least
one
of
the
children
is
school-aged.
6.
“Child
development
home”
means
a
person
or
program
registered
under
section
237A.3A
that
may
provide
child
care
to
seven
or
more
children
at
any
one
time.
7.
“Children
needing
special
needs
care”
or
“special
needs
child”
means
a
child
or
children
with
one
or
more
of
the
following
conditions:
a.
The
child
has
been
diagnosed
by
a
physician
or
by
a
person
endorsed
for
service
as
a
school
psychologist
by
the
department
of
education
to
have
a
developmental
disability
which
substantially
limits
one
or
more
major
life
activities,
and
the
child
requires
professional
treatment,
assistance
in
self-care,
or
the
purchase
of
special
adaptive
equipment.
b.
The
child
has
been
determined
by
a
qualified
intellectual
disability
professional
to
have
a
condition
which
impairs
the
child’s
intellectual
and
social
functioning.
c.
The
child
has
been
diagnosed
by
a
mental
health
professional
to
have
a
behavioral
or
emotional
disorder
characterized
by
situationally
inappropriate
behavior
which
deviates
substantially
from
behavior
appropriate
to
the
child’s
age,
or
which
significantly
interferes
with
the
child’s
intellectual,
social,
or
personal
development.
8.
“Council”
means
the
council
on
health
and
human
services.
9.
8.
“Department”
means
the
department
of
health
and
human
services.
10.
9.
“Director”
means
the
director
of
health
and
human
services.
Senate
File
2385,
p.
160
11.
10.
“Infant”
means
a
child
who
is
less
than
twenty-four
months
of
age.
12.
11.
“Involvement
with
child
care”
means
licensed
or
registered
under
this
chapter
,
employed
in
a
child
care
facility,
residing
in
a
child
care
facility,
receiving
public
funding
for
providing
child
care,
or
providing
child
care
as
a
child
care
home
provider,
or
residing
in
a
child
care
home.
13.
12.
“Licensed
center”
means
a
center
issued
a
full
or
provisional
license
by
the
department
under
the
provisions
of
this
chapter
or
a
center
for
which
a
license
is
being
processed.
14.
13.
“Poverty
level”
means
the
poverty
level
defined
by
the
most
recently
revised
poverty
income
guidelines
published
by
the
United
States
department
of
health
and
human
services.
15.
14.
“Preschool”
means
a
child
care
facility
which
provides
to
children
ages
three
through
five,
for
periods
of
time
not
exceeding
three
hours
per
day,
programs
designed
to
help
the
children
to
develop
intellectual
skills,
social
skills,
and
motor
skills,
and
to
extend
their
interest
and
understanding
of
the
world
about
them.
16.
15.
“School”
means
kindergarten
or
a
higher
grade
level.
17.
“State
child
care
advisory
committee”
means
the
state
child
care
advisory
committee
established
pursuant
to
section
135.173A
.
Sec.
419.
Section
238.1,
Code
2024,
is
amended
to
read
as
follows:
238.1
Definitions.
For
the
purpose
of
this
chapter
unless
the
context
otherwise
requires:
1.
“Child”
means
the
same
as
defined
in
section
234.1
.
2.
“Child-placing
agency”
or
“agency”
means
any
agency,
whether
public,
semipublic,
or
private,
which
represents
that
the
agency
places
children
permanently
or
temporarily
in
private
family
homes
or
receives
children
for
placement
in
private
family
homes,
or
which
actually
engages
for
gain
or
otherwise
in
the
placement
of
children
in
private
family
homes.
“Agency”
includes
individuals,
institutions,
partnerships,
voluntary
associations,
and
corporations,
other
than
Senate
File
2385,
p.
161
institutions
under
the
management
or
control
of
the
department.
3.
“Council”
means
the
council
on
health
and
human
services.
4.
3.
“Department”
means
the
department
of
health
and
human
services.
5.
4.
“Director”
means
the
director
of
health
and
human
services.
Sec.
420.
Section
238.12,
Code
2024,
is
amended
to
read
as
follows:
238.12
Appeal
——
judicial
review.
1.
A
licensee
aggrieved
by
a
decision
of
the
department
revoking
the
licensee’s
license
may
appeal
to
the
council
department
in
the
manner
prescribed
by
the
council
department
.
The
council
department
shall,
upon
receipt
of
such
an
appeal,
give
the
licensee
reasonable
notice
and
opportunity
for
a
fair
hearing
before
the
council
or
its
duly
department’s
authorized
representative.
Following
the
hearing
,
the
council
department
shall
take
final
action
and
notify
the
licensee
in
writing.
2.
Judicial
review
of
the
actions
of
the
council
department
may
be
sought
in
accordance
with
the
terms
of
chapter
17A
.
Sec.
421.
Section
249.1,
Code
2024,
is
amended
to
read
as
follows:
249.1
Definitions.
As
used
in
this
chapter
:
1.
“Council”
means
the
council
on
health
and
human
services.
2.
1.
“Department”
means
the
department
of
health
and
human
services.
3.
2.
“Director”
means
the
director
of
health
and
human
services.
4.
3.
“Federal
supplemental
security
income”
means
cash
payments
made
to
individuals
by
the
United
States
government
under
Tit.
XVI
of
the
Social
Security
Act
as
amended
by
Pub.
L.
No.
92-603,
or
any
other
amendments
thereto.
5.
4.
“Previous
categorical
assistance
programs”
means
the
aid
to
the
blind
program
authorized
by
chapter
241
,
the
aid
to
the
disabled
program
authorized
by
chapter
241A
and
the
old-age
assistance
program
authorized
by
chapter
249,
Code
1973
.
6.
5.
“State
supplementary
assistance”
means
cash
payments
made
to
individuals:
a.
By
the
United
States
government
on
behalf
of
the
state
of
Senate
File
2385,
p.
162
Iowa
pursuant
to
section
249.2
.
b.
By
the
state
of
Iowa
directly
pursuant
to
sections
249.3
through
249.5
.
Sec.
422.
Section
249.4,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
Applications
for
state
supplementary
assistance
shall
be
made
in
the
form
and
manner
prescribed
by
the
director
or
the
director’s
designee
,
with
the
approval
of
the
council,
pursuant
to
chapter
17A
.
Each
person
who
applies
and
is
found
eligible
under
section
249.3
shall,
so
long
as
the
person’s
eligibility
continues,
receive
state
supplementary
assistance
on
a
monthly
basis,
from
funds
appropriated
to
the
department
for
the
purpose.
Sec.
423.
Section
249A.4B,
subsections
1
and
7,
Code
2024,
are
amended
to
read
as
follows:
1.
A
medical
assistance
advisory
council
is
created
to
comply
with
42
C.F.R.
§431.12
based
on
section
1902(a)(4)
of
the
federal
Social
Security
Act
and
to
advise
the
director
about
health
and
medical
care
services
under
the
medical
assistance
program.
The
council
shall
meet
no
more
than
quarterly
as
necessary
.
The
director’s
designee
responsible
for
public
health
or
their
designee
and
a
public
member
of
the
council
selected
by
the
public
members
of
the
council
shall
serve
as
co-chairpersons
of
the
council.
7.
The
director
shall
consider
the
recommendations
offered
by
the
council
in
the
director’s
preparation
of
the
medical
assistance
budget
recommendations
to
the
council
on
health
and
human
services
pursuant
to
section
217.3
and
in
implementation
of
medical
assistance
program
policies.
Sec.
424.
Section
331.304,
subsection
9,
Code
2024,
is
amended
to
read
as
follows:
9.
A
county
shall
not
adopt
or
enforce
any
ordinance
imposing
any
registration
or
licensing
system
or
registration
or
license
fees
for
or
relating
to
owner-occupied
manufactured
or
mobile
homes
including
the
lots,
lands,
or
manufactured
home
community
or
mobile
home
park
upon
or
in
which
they
are
located.
A
county
shall
not
adopt
or
enforce
any
ordinance
imposing
any
registration
or
licensing
system,
or
registration
or
license
fees,
or
safety
or
sanitary
standards
for
rental
Senate
File
2385,
p.
163
manufactured
or
mobile
homes
unless
similar
registration
or
licensing
system,
or
registration
or
license
fees,
or
safety
or
sanitary
standards
are
required
for
other
rental
properties
intended
for
human
habitation.
This
subsection
does
not
preclude
the
investigation
and
abatement
of
a
nuisance
or
the
enforcement
of
a
tiedown
system,
or
the
enforcement
of
any
regulations
rules
of
the
council
on
department
of
health
and
human
services
or
local
board
of
health
if
those
regulations
rules
apply
to
other
rental
properties
or
to
owner-occupied
housing
intended
for
human
habitation.
Sec.
425.
Section
364.3,
subsection
5,
Code
2024,
is
amended
to
read
as
follows:
5.
A
city
shall
not
adopt
or
enforce
any
ordinance
imposing
any
registration
or
licensing
system
or
registration
or
license
fees
for
or
relating
to
owner-occupied
manufactured
or
mobile
homes
including
the
lots,
lands,
or
manufactured
home
community
or
mobile
home
park
upon
or
in
which
they
are
located.
A
city
shall
not
adopt
or
enforce
any
ordinance
imposing
any
registration
or
licensing
system,
or
registration
or
license
fees,
or
safety
or
sanitary
standards
for
rental
manufactured
or
mobile
homes
unless
a
similar
registration
or
licensing
system,
or
registration
or
license
fees,
or
safety
or
sanitary
standards
are
required
for
other
rental
properties
intended
for
human
habitation.
This
subsection
does
not
preclude
the
investigation
and
abatement
of
a
nuisance
or
the
enforcement
of
a
tiedown
system,
or
the
enforcement
of
any
regulations
rules
of
the
council
on
department
of
health
and
human
services
or
local
board
of
health
if
those
regulations
rules
apply
to
other
rental
properties
or
to
owner-occupied
housing
intended
for
human
habitation.
DIVISION
XII
ELIMINATION
OF
ADVISORY
COUNCIL
ON
BRAIN
INJURIES
Sec.
426.
Section
135.22A,
Code
2024,
is
amended
to
read
as
follows:
135.22A
Advisory
council
on
brain
Brain
injuries
——
policy
——
department
as
lead
agency
.
1.
For
purposes
of
this
section
,
unless
the
context
otherwise
requires:
a.
“Brain
injury”
means
a
brain
injury
as
defined
in
section
Senate
File
2385,
p.
164
135.22
.
b.
“Council”
means
the
advisory
council
on
brain
injuries
health
and
human
services
.
2.
The
advisory
council
on
brain
injuries
is
established.
The
following
persons
or
their
designees
shall
serve
as
ex
officio,
nonvoting
members
of
the
council:
a.
The
director
of
health
and
human
services
or
the
director’s
designee.
b.
The
director
of
the
department
of
education.
c.
The
chief
of
the
special
education
bureau
of
the
department
of
education.
d.
The
administrator
of
the
division
of
vocational
rehabilitation
services
of
the
department
of
workforce
development.
e.
The
director
of
the
department
for
the
blind.
3.
The
council
shall
be
composed
of
a
minimum
of
nine
members
appointed
by
the
governor
in
addition
to
the
ex
officio
members,
and
the
governor
may
appoint
additional
members.
Insofar
as
practicable,
the
council
shall
include
persons
with
brain
injuries;
family
members
of
persons
with
brain
injuries;
representatives
of
industry,
labor,
business,
and
agriculture;
representatives
of
federal,
state,
and
local
government;
and
representatives
of
religious,
charitable,
fraternal,
civic,
educational,
medical,
legal,
veteran,
welfare,
and
other
professional
groups
and
organizations.
Members
shall
be
appointed
representing
every
geographic
and
employment
area
of
the
state
and
shall
include
members
of
both
sexes.
A
simple
majority
of
the
members
appointed
by
the
governor
shall
constitute
a
quorum.
4.
Members
of
the
council
appointed
by
the
governor
shall
be
appointed
for
terms
of
two
years.
Vacancies
on
the
council
shall
be
filled
for
the
remainder
of
the
term
of
the
original
appointment.
Members
whose
terms
expire
may
be
reappointed.
5.
The
voting
members
of
the
council
shall
appoint
a
chairperson
and
a
vice
chairperson
and
other
officers
as
the
council
deems
necessary.
The
officers
shall
serve
until
their
successors
are
appointed
and
qualified.
Members
of
the
council
shall
receive
actual
expenses
for
their
services.
Members
may
also
be
eligible
to
receive
compensation
as
provided
in
section
Senate
File
2385,
p.
165
7E.6
.
The
council
shall
adopt
rules
pursuant
to
chapter
17A
.
6.
2.
The
council
shall
do
all
of
the
following:
a.
Promote
meetings
and
programs
for
the
discussion
of
methods
to
reduce
the
debilitating
effects
of
brain
injuries,
and
disseminate
information
in
cooperation
with
any
other
department,
agency,
or
entity
on
the
prevention,
evaluation,
care,
treatment,
and
rehabilitation
of
persons
affected
by
brain
injuries.
b.
Study
and
review
current
prevention,
evaluation,
care,
treatment,
and
rehabilitation
technologies
and
recommend
appropriate
preparation,
training,
retraining,
and
distribution
of
personnel
and
resources
in
the
provision
of
services
to
persons
with
brain
injuries
through
private
and
public
residential
facilities,
day
programs,
and
other
specialized
services.
c.
Participate
in
developing
and
disseminating
criteria
and
standards
which
may
be
required
for
future
funding
or
licensing
of
facilities,
day
programs,
and
other
specialized
services
for
persons
with
brain
injuries
in
this
state.
d.
Make
recommendations
to
the
governor
for
developing
and
administering
a
state
plan
to
provide
services
for
persons
with
brain
injuries.
e.
Meet
at
least
quarterly
as
necessary
.
7.
3.
The
department
is
designated
as
Iowa’s
lead
agency
for
brain
injury.
For
the
purposes
of
this
section
,
the
designation
of
lead
agency
authorizes
the
department
to
perform
or
oversee
the
performance
of
those
functions
specified
in
subsection
6
,
paragraphs
“a”
through
“c”
.
The
council
is
assigned
to
the
department
for
administrative
purposes.
The
director
shall
be
responsible
for
budgeting,
program
coordination,
and
related
management
functions.
8.
The
council
may
receive
gifts,
grants,
or
donations
made
for
any
of
the
purposes
of
its
programs
and
disburse
and
administer
them
in
accordance
with
their
terms
and
under
the
direction
of
the
director.
Sec.
427.
Section
135.22B,
subsection
2,
paragraph
c,
Code
2024,
is
amended
to
read
as
follows:
c.
The
department
shall
consult
with
the
advisory
council
on
brain
injuries,
established
pursuant
to
section
135.22A
,
Senate
File
2385,
p.
166
regarding
the
program
and
shall
report
to
the
council
concerning
the
program
at
least
quarterly.
The
council
shall
make
recommendations
to
the
department
concerning
the
program’s
operation.
DIVISION
XIII
ELIMINATION
OF
CHILDREN’S
BEHAVIORAL
HEALTH
SYSTEM
STATE
BOARD
Sec.
428.
Section
225C.52,
Code
2024,
is
amended
to
read
as
follows:
225C.52
Children’s
behavioral
health
system
state
board
——
Council
duties.
The
council
shall
provide
guidance
on
the
implementation
and
management
of
a
children’s
behavioral
health
system
for
the
provision
of
services
to
children
with
a
serious
emotional
disturbance.
To
the
extent
funding
is
available,
the
state
board
council
shall
perform
the
following
duties:
1.
Advise
the
director
on
the
administration
of
the
children’s
behavioral
health
system.
2.
Provide
consultation
services
support
to
agencies
regarding
the
development
of
administrative
rules
for
the
children’s
behavioral
health
system.
3.
Identify
behavioral
health
outcomes
and
indicators
for
eligible
children
with
a
serious
emotional
disturbance
to
promote
children
living
with
their
own
families
and
in
the
community.
4.
Submit
a
written
report
on
or
before
December
1
of
each
year
to
the
governor
and
the
general
assembly.
At
a
minimum,
the
report
shall
include
a
summary
of
all
activities
undertaken
by
the
state
board
council
relating
to
the
children’s
behavioral
health
system
and
results
from
identified
behavioral
health
outcomes
and
indicators
for
the
children’s
behavioral
health
system.
Sec.
429.
Section
225C.55,
Code
2024,
is
amended
to
read
as
follows:
225C.55
Definitions.
As
used
in
this
subchapter
,
unless
the
context
otherwise
requires:
1.
“Children’s
behavioral
health
services”
means
the
same
as
defined
in
section
225C.2
.
2.
“Council”
means
the
council
on
health
and
human
services.
Senate
File
2385,
p.
167
2.
3.
“Department”
means
the
department
of
health
and
human
services.
3.
4.
“Director”
means
the
director
of
health
and
human
services.
4.
5.
“Disability
services”
means
the
same
as
defined
in
section
225C.2
.
5.
6.
“Population”
means,
as
of
July
1
of
the
fiscal
year
preceding
the
fiscal
year
in
which
the
population
figure
is
applied,
the
population
shown
by
the
latest
preceding
certified
federal
census
or
the
latest
applicable
population
estimate
issued
by
the
United
States
census
bureau,
whichever
is
most
recent.
6.
7.
“Regional
administrator”
means
the
administrative
office,
organization,
or
entity
formed
by
agreement
of
the
counties
participating
in
a
region
to
function
on
behalf
of
those
counties
in
accordance
with
this
subchapter
.
7.
8.
“Serious
emotional
disturbance”
means
the
same
as
defined
in
section
225C.2
.
8.
“State
board”
means
the
children’s
system
state
board
created
in
section
225C.51
.
9.
“State
commission”
means
the
mental
health
and
disability
services
commission
created
in
section
225C.5
.
Sec.
430.
Section
225C.66,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
Pursuant
to
recommendations
made
by
the
state
board,
the
The
department
shall
adopt
rules
to
define
the
services
included
in
the
core
domains
listed
in
this
section
.
The
rules
shall
provide
service
definitions,
service
provider
standards,
service
access
standards,
and
service
implementation
dates,
and
shall
provide
consistency,
to
the
extent
possible,
with
similar
service
definitions
under
the
medical
assistance
program.
Sec.
431.
REPEAL.
Section
225C.51,
Code
2024,
is
repealed.
DIVISION
XIV
ELIMINATION
OF
CONGENITAL
AND
INHERITED
DISORDERS
ADVISORY
COMMITTEE
Sec.
432.
Section
136A.2,
Code
2024,
is
amended
to
read
as
follows:
136A.2
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
Senate
File
2385,
p.
168
requires:
1.
“Attending
health
care
provider”
means
a
licensed
physician,
nurse
practitioner,
certified
nurse
midwife,
or
physician
assistant.
2.
“Congenital
and
inherited
disorders
advisory
committee”
or
“advisory
committee”
means
the
congenital
and
inherited
disorders
advisory
committee
created
in
this
chapter
.
3.
2.
“Congenital
disorder”
means
an
abnormality
existing
prior
to
or
at
birth,
including
a
stillbirth,
that
adversely
affects
the
health
and
development
of
a
fetus,
newborn,
child,
or
adult,
including
a
structural
malformation
or
a
genetic,
chromosomal,
inherited,
or
biochemical
disorder.
3.
“Council”
means
the
council
on
health
and
human
services.
4.
“Department”
means
the
department
of
health
and
human
services.
5.
“Disorder”
means
a
congenital
or
inherited
disorder.
6.
“Genetics”
means
the
study
of
inheritance
and
how
genes
contribute
to
health
conditions
and
the
potential
for
disease.
7.
“Genomics”
means
the
functions
and
interactions
of
all
human
genes
and
their
variation
within
human
populations,
including
their
interaction
with
environmental
factors,
and
their
contribution
to
health.
8.
“Inherited
disorder”
means
a
condition
caused
by
an
abnormal
change
in
a
gene
or
genes
passed
from
a
parent
or
parents
to
their
child.
Onset
of
the
disorder
may
be
prior
to
or
at
birth,
during
childhood,
or
in
adulthood.
9.
“Stillbirth”
means
an
unintended
fetal
death
occurring
after
a
gestation
period
of
twenty
completed
weeks,
or
an
unintended
fetal
death
of
a
fetus
with
a
weight
of
three
hundred
fifty
or
more
grams.
Sec.
433.
Section
136A.3A,
Code
2024,
is
amended
to
read
as
follows:
136A.3A
Congenital
and
inherited
disorders
advisory
committee
established
——
process
Process
for
addition
of
conditions
to
newborn
screening.
1.
A
congenital
and
inherited
disorders
advisory
committee
is
established
to
The
council
shall
assist
the
department
in
the
development
of
programs
that
ensure
the
availability
and
access
to
quality
genetic
and
genomic
health
care
services
for
Senate
File
2385,
p.
169
all
Iowans.
2.
The
members
of
the
advisory
committee
shall
be
appointed
by
the
director
and
shall
include
persons
with
relevant
expertise
and
interest
including
parent
representatives.
3.
2.
The
advisory
committee
council
shall
assist
the
department
in
designating
the
conditions
to
be
included
in
the
newborn
screening
and
in
regularly
evaluating
the
effectiveness
and
appropriateness
of
the
newborn
screening.
4.
3.
a.
Beginning
July
1,
2022,
the
advisory
committee
council
shall
ensure
that
all
conditions
included
in
the
federal
recommended
uniform
screening
panel
as
of
January
1,
2022,
are
included
in
the
newborn
screening.
b.
Within
twelve
months
of
the
addition
of
a
new
condition
to
the
federal
recommended
uniform
screening
panel,
the
advisory
committee
council
shall
consider
and
make
a
recommendation
to
the
department
regarding
inclusion
of
the
new
condition
in
the
newborn
screening,
including
the
current
newborn
screening
capacity
to
screen
for
the
new
condition
and
the
resources
necessary
to
screen
for
the
new
condition
going
forward.
If
the
advisory
committee
council
recommends
inclusion
of
a
new
condition,
the
department
shall
include
the
new
condition
in
the
newborn
screening
within
eighteen
months
of
receipt
of
the
recommendation.
5.
4.
The
department
shall
submit
a
status
report
to
the
general
assembly,
annually,
by
December
31,
regarding
all
of
the
following:
a.
The
current
conditions
included
in
the
newborn
screening.
b.
Any
new
conditions
currently
under
consideration
or
recommended
by
the
advisory
committee
council
for
inclusion
in
the
newborn
screening.
c.
Any
new
conditions
considered
but
not
recommended
by
the
advisory
committee
council
in
the
prior
twelve-month
period
and
the
reason
for
not
recommending
any
such
conditions.
d.
Any
departmental
request
for
additional
program
capacity
or
resources
necessitated
by
the
inclusion
of
a
recommended
new
condition
in
the
newborn
screening.
e.
Any
delay
and
the
reason
for
the
delay
by
the
advisory
committee
council
in
complying
with
the
specified
twelve-month
time
frame
in
considering
or
recommending
the
inclusion
of
a
Senate
File
2385,
p.
170
new
condition
in
the
newborn
screening
to
the
department.
f.
Any
delay
and
the
reason
for
the
delay
by
the
department
in
complying
with
the
specified
eighteen-month
time
frame
in
including
a
new
condition
in
the
newborn
screening
following
receipt
of
a
recommendation
from
the
advisory
committee
council
recommending
the
inclusion
of
such
condition.
6.
5.
The
state
hygienic
laboratory
shall
establish
the
newborn
screening
fee
schedule
in
a
manner
sufficient
to
support
the
newborn
screening
system
of
care
including
laboratory
screening
costs,
short-term
and
long-term
follow-up
program
costs,
the
newborn
screening
developmental
fund,
and
the
cost
of
the
department’s
newborn
screening
data
system.
DIVISION
XV
ELIMINATION
OF
EMERGENCY
MEDICAL
SERVICES
ADVISORY
COUNCIL
Sec.
434.
Section
147A.2,
Code
2024,
is
amended
to
read
as
follows:
147A.2
Council
established
——
terms
of
office
on
health
and
human
services
——
advisory
duties
.
1.
An
EMS
advisory
council
shall
be
appointed
by
the
director.
Membership
of
the
council
shall
be
comprised
of
individuals
nominated
from,
but
not
limited
to,
the
following
state
or
national
organizations:
Iowa
osteopathic
medical
association,
Iowa
medical
society,
American
college
of
emergency
physicians,
Iowa
physician
assistant
society,
Iowa
academy
of
family
physicians,
university
of
Iowa
hospitals
and
clinics,
American
academy
of
emergency
medicine,
American
academy
of
pediatrics,
Iowa
EMS
association,
Iowa
firefighters
association,
Iowa
professional
fire
fighters,
EMS
education
programs
committee,
Iowa
nurses
association,
Iowa
hospital
association,
and
the
Iowa
state
association
of
counties.
The
council
shall
also
include
at
least
two
at-large
members
who
are
volunteer
emergency
medical
care
providers
and
a
representative
of
a
private
service
program.
2.
The
EMS
advisory
council
on
health
and
human
services
shall
advise
the
director
and
develop
policy
recommendations
concerning
the
regulation,
administration,
and
coordination
of
emergency
medical
services
in
the
state.
Sec.
435.
REPEAL.
Section
147A.3,
Code
2024,
is
repealed.
DIVISION
XVI
Senate
File
2385,
p.
171
ELIMINATION
OF
TRAUMA
SYSTEM
ADVISORY
COUNCIL
Sec.
436.
Section
147A.23,
Code
2024,
is
amended
to
read
as
follows:
147A.23
Trauma
care
system
development.
1.
The
department
is
designated
as
a
lead
agency
in
this
state
responsible
for
the
development
of
a
statewide
trauma
care
system.
2.
The
department
,
in
consultation
with
the
trauma
system
advisory
council,
shall
develop,
coordinate,
and
monitor
a
statewide
trauma
care
system.
This
system
shall
include,
but
not
be
limited
to,
the
following:
a.
(1)
Development
of
criteria
for
the
categorization
of
all
hospitals
and
emergency
care
facilities
according
to
their
trauma
care
capabilities.
These
categories
shall
be
for
levels
I,
II,
III,
and
IV,
based
on
the
most
current
guidelines
published
by
the
American
college
of
surgeons
committee
on
trauma,
the
American
college
of
emergency
physicians,
and
the
model
trauma
care
plan
of
the
United
States
department
of
health
and
human
services’
health
resources
and
services
administration.
(2)
The
categorization
of
all
hospitals
and
emergency
care
facilities
by
the
department
as
to
their
capacity
to
provide
trauma
care
services.
The
categorization
shall
be
determined
by
the
department
from
self-reported
information
provided
to
the
department
by
the
hospital
or
emergency
care
facility.
This
categorization
shall
not
be
construed
to
imply
any
guarantee
on
the
part
of
the
department
as
to
the
level
of
trauma
care
services
available
at
the
hospital
or
emergency
care
facility.
b.
(1)
Development
of
a
process
for
the
verification
of
the
trauma
care
capacity
of
each
facility
and
the
issuance
of
a
certificate
of
verification.
The
standards
and
verification
process
shall
be
established
by
rule
and
may
vary
as
appropriate
by
level
of
trauma
care
capability.
To
the
extent
possible,
the
standards
and
verification
process
shall
be
coordinated
with
other
applicable
accreditation
and
licensing
standards.
(2)
The
issuance
of
a
certificate
of
verification
of
all
categorized
hospitals
and
emergency
care
facilities
from
the
Senate
File
2385,
p.
172
department
at
the
level
preferred
by
the
hospital
or
emergency
care
facility.
The
standards
and
verification
process
shall
be
established
by
rule
and
may
vary
as
appropriate
by
level
of
trauma
care
capability.
To
the
extent
possible,
the
standards
and
verification
process
shall
be
coordinated
with
other
applicable
accreditation
and
licensing
standards.
c.
Upon
verification
and
the
issuance
of
a
certificate
of
verification,
agreement
by
a
hospital
or
emergency
care
facility
agrees
to
maintain
a
level
of
commitment
and
resources
sufficient
to
meet
responsibilities
and
standards
as
required
by
the
trauma
care
criteria
established
by
rule
under
this
subchapter
.
Verifications
are
valid
for
a
period
of
three
years
or
as
determined
by
the
department
and
are
renewable.
As
part
of
the
verification
and
renewal
process,
the
department
may
conduct
periodic
on-site
reviews
of
the
services
and
facilities
of
the
hospital
or
emergency
care
facility.
d.
Implementation
of
an
Iowa
trauma
care
plan.
e.
Development
of
standards
for
medical
direction,
trauma
care,
triage
and
transfer
protocols,
and
trauma
registries.
f.
Promotion
of
public
information
and
education
activities
for
injury
prevention.
g.
The
development
of
strategies
and
the
review
of
rules
adopted
under
this
subchapter
to
promote
optimal
trauma
care
delivery
throughout
the
state.
h.
Development,
implementation,
and
conducting
of
trauma
care
system
evaluation,
quality
assessment,
and
quality
improvement.
d.
3.
The
department
is
responsible
for
the
funding
of
the
administrative
costs
of
this
subchapter
.
Any
funds
received
by
the
department
for
this
purpose
shall
be
deposited
in
the
emergency
medical
services
fund
established
in
section
135.25
.
e.
4.
This
section
shall
not
be
construed
to
limit
the
number
and
distribution
of
level
I,
II,
III,
and
IV
categorized
and
verified
trauma
care
facilities
in
a
community
or
region.
5.
Proceedings,
records,
and
reports
developed
pursuant
to
this
section
constitute
peer
review
records
under
section
147.135,
and
are
not
subject
to
discovery
by
subpoena
or
admissible
as
evidence.
All
information
and
documents
received
from
a
hospital
or
emergency
care
facility
under
this
Senate
File
2385,
p.
173
subchapter
shall
be
confidential
pursuant
to
section
272C.6,
subsection
4.
Sec.
437.
Section
147A.26,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
department
shall
maintain
a
statewide
trauma
reporting
system
by
which
the
trauma
system
advisory
council
and
the
department
may
monitor
the
effectiveness
of
the
statewide
trauma
care
system.
Sec.
438.
REPEAL.
Section
147A.24,
Code
2024,
is
repealed.
DIVISION
XVII
ELIMINATION
OF
JUSTICE
ADVISORY
BOARD
Sec.
439.
Section
216A.131,
Code
2024,
is
amended
to
read
as
follows:
216A.131
Definitions.
For
the
purpose
of
this
subchapter
,
unless
the
context
otherwise
requires
:
1.
“Board”
means
the
justice
advisory
board.
2.
“Department”
,
“department”
means
the
department
of
health
and
human
services.
Sec.
440.
Section
216A.133,
Code
2024,
is
amended
to
read
as
follows:
216A.133
Purpose
and
Department
duties.
1.
The
purpose
of
the
board
department
shall
be
do
all
of
the
following:
a.
Develop
short-term
and
long-term
goals
to
improve
the
criminal
and
juvenile
justice
systems.
b.
Identify
and
analyze
justice
system
issues
,
including
the
impact
of
present
criminal
and
juvenile
justice
policy,
and
make
recommendations
for
policy
change
.
c.
Develop
and
assist
others
in
implementing
recommendations
and
plans
for
justice
system
improvement.
d.
Provide
the
general
assembly
with
an
analysis
of
current
and
proposed
criminal
code
provisions.
e.
Provide
for
a
clearinghouse
of
justice
system
information
to
coordinate
with
data
resource
agencies
and
assist
others
in
the
use
of
justice
system
data.
2.
The
board
shall
advise
the
department
on
its
administration
of
state
and
federal
grants
and
appropriations
and
shall
carry
out
other
functions
consistent
with
this
Senate
File
2385,
p.
174
subchapter
.
3.
The
duties
of
the
board
shall
consist
of
the
following:
a.
Identifying
issues
and
analyzing
the
operation
and
impact
of
present
criminal
and
juvenile
justice
policy
and
making
recommendations
for
policy
changes.
b.
f.
Coordinating
Coordinate
with
data
resource
agencies
to
provide
data
and
analytical
information
to
federal,
state,
and
local
governments,
and
assisting
assist
agencies
in
the
use
of
criminal
and
juvenile
justice
data.
c.
g.
Reporting
Report
criminal
justice
system
needs
to
the
governor,
the
general
assembly,
and
other
decision
makers
to
improve
the
criminal
justice
system.
d.
h.
Reporting
Report
juvenile
justice
system
needs
to
the
governor,
the
general
assembly,
and
other
decision
makers
to
address
issues
specifically
affecting
the
juvenile
justice
system,
including
evidence-based
programs
for
group
foster
care
placements
and
the
state
training
school,
diversion,
and
community-based
services
for
juvenile
offenders.
e.
i.
Providing
Provide
technical
assistance
upon
request
to
state
and
local
agencies.
f.
j.
Administering
Administer
federal
funds
and
funds
appropriated
by
the
state
or
that
are
otherwise
available
in
compliance
with
applicable
laws,
regulations,
and
other
requirements
for
purposes
of
study,
research,
investigation,
planning,
and
implementation
in
the
areas
of
criminal
and
juvenile
justice.
g.
k.
Making
Make
grants
to
cities,
counties,
and
other
entities
pursuant
to
applicable
law.
h.
l.
Maintaining
Maintain
an
Iowa
correctional
policy
project
as
provided
in
section
216A.137
.
i.
m.
Providing
Provide
input
and
make
recommendations
to
the
director
including
in
the
development
of
a
budget
recommendations
for
the
department.
j.
Developing
and
making
recommendations
to
the
director.
k.
n.
Serving
as
a
liaison
between
the
department
and
the
public,
sharing
Share
information
and
gathering
gather
constituency
input.
l.
Recommending
to
the
department
the
adoption
of
rules
pursuant
to
chapter
17A
as
it
deems
necessary
for
the
board
and
Senate
File
2385,
p.
175
department.
m.
o.
Recommending
Recommend
legislative
and
executive
action
to
the
governor
and
general
assembly.
n.
p.
Establishing
Establish
advisory
committees,
work
groups,
or
other
coalitions
as
appropriate.
o.
q.
Providing
Provide
the
general
assembly
with
an
analysis
and
recommendations
of
current
criminal
code
provisions
and
proposed
legislation
which
include
but
are
not
limited
to
all
of
the
following:
(1)
Potential
disparity
in
sentencing.
(2)
Truth
in
sentencing.
(3)
Victims.
(4)
The
proportionality
of
specific
sentences.
(5)
Sentencing
procedures.
(6)
Costs
associated
with
the
implementation
of
criminal
code
provisions,
including
costs
to
the
judicial
branch,
department
of
corrections,
and
judicial
district
departments
of
correctional
services,
costs
for
representing
indigent
defendants,
and
costs
incurred
by
political
subdivisions
of
the
state.
(7)
Best
practices
related
to
the
department
of
corrections
including
recidivism
rates,
safety
and
the
efficient
use
of
correctional
staff,
and
compliance
with
correctional
standards
set
by
the
federal
government
and
other
jurisdictions.
(8)
Best
practices
related
to
the
Iowa
child
death
state
mortality
review
team
committee
established
in
section
135.43
and
the
Iowa
domestic
abuse
death
review
team
established
in
section
135.109
.
p.
r.
Studying
Study
and
making
make
recommendations
for
treating
and
supervising
adult
and
juvenile
sex
offenders
in
institutions,
community-based
programs,
and
in
the
community,
in
areas
which
include
but
are
not
limited
to
all
of
the
following:
(1)
The
effectiveness
of
electronically
monitoring
sex
offenders.
(2)
The
cost
and
effectiveness
of
special
sentences
pursuant
to
chapter
903B
.
(3)
Risk
assessment
models
created
for
sex
offenders.
(4)
Determining
the
best
treatment
programs
available
for
Senate
File
2385,
p.
176
sex
offenders
and
the
efforts
of
Iowa
and
other
states
to
implement
treatment
programs.
(5)
The
efforts
of
Iowa
and
other
states
to
prevent
sex
abuse-related
crimes
including
child
sex
abuse.
(6)
Any
other
related
issues
the
board
deems
necessary,
including
but
not
limited
to
computer
and
internet
sex-related
crimes,
sex
offender
case
management,
best
practices
for
sex
offender
supervision,
the
sex
offender
registry,
and
the
effectiveness
of
safety
zones.
q.
s.
Providing
Provide
expertise
and
advice
to
the
legislative
services
agency,
the
department
of
corrections,
the
judicial
branch,
and
others
charged
with
formulating
fiscal,
correctional,
or
minority
impact
statements.
r.
t.
Reviewing
Review
data
supplied
by
the
department,
the
department
of
management,
the
legislative
services
agency,
the
Iowa
supreme
court,
and
other
departments
or
agencies
for
the
purpose
of
determining
the
effectiveness
and
efficiency
of
the
collection
of
such
data.
4.
2.
The
board
department
shall
submit
reports,
in
accordance
with
section
216A.135
,
to
the
governor
and
general
assembly
regarding
actions
taken,
issues
studied,
and
board
council
recommendations.
Sec.
441.
Section
216A.135,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
board
department
shall
submit
a
three-year
criminal
and
juvenile
justice
plan
for
the
state,
beginning
December
1,
2020,
and
every
three
years
thereafter,
by
December
1.
The
three-year
plan
shall
be
updated
annually.
Each
three-year
plan
and
annual
updates
of
the
three-year
plan
shall
be
submitted
to
the
governor
and
the
general
assembly
by
December
1.
Sec.
442.
Section
216A.137,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
department
shall
maintain
an
Iowa
correctional
policy
project
for
the
purpose
of
conducting
analyses
of
major
correctional
issues
affecting
the
criminal
and
juvenile
justice
system.
The
board
department
shall
identify
and
prioritize
the
issues
and
studies
to
be
addressed
by
the
department
through
this
project
and
shall
report
project
Senate
File
2385,
p.
177
plans
and
findings
annually
along
with
the
report
required
in
section
216A.135
.
Issues
and
studies
to
be
considered
by
the
board
shall
include
but
are
not
limited
to
a
review
of
the
information
systems
available
to
assess
corrections
trends
and
program
effectiveness,
the
development
of
an
evaluation
plan
for
assessing
the
impact
of
corrections
expenditures,
and
a
study
of
the
desirability
and
feasibility
of
changing
the
state’s
sentencing
practices,
which
includes
a
prison
population
forecast.
Sec.
443.
REPEAL.
Section
216A.132,
Code
2024,
is
repealed.
DIVISION
XVIII
ELIMINATION
OF
IOWA
COLLABORATION
FOR
YOUTH
DEVELOPMENT
COUNCIL
Sec.
444.
Section
216A.140,
Code
2024,
is
amended
to
read
as
follows:
216A.140
Iowa
collaboration
for
youth
development
council
——
state
State
of
Iowa
youth
advisory
council.
1.
Definitions.
For
the
purposes
of
this
section
,
unless
the
context
otherwise
requires:
a.
“Youth”
means
children
and
young
persons
who
are
ages
six
through
twenty-one
years.
b.
“Youth
advisory
council”
means
the
state
of
Iowa
youth
advisory
council
created
by
this
section
.
c.
“Youth
development
council”
means
the
Iowa
collaboration
for
youth
development
council
created
by
this
section
.
2.
Collaboration
council
created.
An
Iowa
collaboration
for
youth
development
council
is
created
as
an
alliance
of
state
agencies
that
address
the
needs
of
youth
in
Iowa.
3.
Purpose.
The
purpose
of
the
youth
development
council
is
to
improve
the
lives
and
futures
of
Iowa’s
youth
by
doing
all
of
the
following:
a.
Adopting
and
applying
positive
youth
development
principles
and
practices
at
the
state
and
local
levels.
b.
Increasing
the
quality,
efficiency,
and
effectiveness
of
opportunities
and
services
and
other
supports
for
youth.
c.
Improving
and
coordinating
state
youth
policy
and
programs
across
state
agencies.
4.
Vision
statement.
All
youth
development
activities
addressed
by
the
youth
development
council
shall
be
aligned
around
the
following
vision
statement:
Senate
File
2385,
p.
178
“All
Iowa
youth
will
be
safe,
healthy,
successful,
and
prepared
for
adulthood.”
5.
Membership.
The
youth
development
council
membership
shall
be
determined
by
the
council
itself
and
shall
include
the
directors
or
chief
administrators,
or
their
designees,
from
the
following
state
agencies
and
programs:
a.
Child
advocacy
board.
b.
Department
of
education.
c.
Department
of
health
and
human
services.
d.
Department
of
workforce
development.
e.
Office
of
drug
control
policy.
f.
Iowa
cooperative
extension
service
in
agriculture
and
home
economics.
6.
Procedure.
Except
as
otherwise
provided
by
law,
the
youth
development
council
shall
determine
its
own
rules
of
procedure
and
operating
policies,
including
but
not
limited
to
terms
of
members.
The
youth
development
council
may
form
committees
or
subgroups
as
necessary
to
achieve
its
purpose.
7.
Duties.
The
youth
development
council’s
duties
shall
include
but
are
not
limited
to
all
of
the
following:
a.
Study,
explore,
and
plan
for
the
best
approach
to
structure
and
formalize
the
functions
and
activities
of
the
youth
development
council
to
meet
its
purpose,
and
make
formal
recommendations
for
improvement
to
the
governor
and
general
assembly.
b.
Review
indicator
data
and
identify
barriers
to
youth
success
and
develop
strategies
to
address
the
barriers.
c.
Coordinate
across
agencies
the
state
policy
priorities
for
youth.
d.
Strengthen
partnerships
with
the
nonprofit
and
private
sectors
to
gather
input,
build
consensus,
and
maximize
use
of
existing
resources
and
leverage
new
resources
to
improve
the
lives
of
youth
and
their
families.
e.
Oversee
the
activities
of
the
youth
advisory
council.
f.
Seek
input
from
and
engage
the
youth
advisory
council
in
the
development
of
more
effective
policies,
practices,
and
programs
to
improve
the
lives
and
futures
of
youth.
g.
Report
annually
by
February
1
to
the
governor
and
general
assembly.
Senate
File
2385,
p.
179
8.
2.
State
of
Iowa
youth
advisory
council.
A
state
of
Iowa
youth
advisory
council
is
created
to
provide
input
to
the
governor,
general
assembly,
and
state
and
local
policymakers
on
youth
issues.
a.
The
purpose
of
the
youth
advisory
council
is
to
foster
communication
among
a
group
of
engaged
youth
and
the
governor,
general
assembly,
and
state
and
local
policymakers
regarding
programs,
policies,
and
practices
affecting
youth
and
families;
and
to
advocate
for
youth
on
important
issues
affecting
youth
;
and
to
improve
the
lives
and
futures
of
Iowa’s
youth
.
b.
The
youth
advisory
council
shall
consist
of
no
more
than
twenty-one
youth
ages
fourteen
through
twenty
years
who
reside
in
Iowa.
Membership
shall
be
for
two-year
staggered
terms.
The
director
or
the
director’s
designee
shall
select
council
members
using
an
application
process.
The
director
or
the
director’s
designee
shall
strive
to
maintain
a
diverse
council
membership
and
shall
take
into
consideration
race,
ethnicity,
disabilities,
gender,
and
geographic
location
of
residence
of
the
applicants.
c.
Except
as
otherwise
provided
by
law,
the
youth
advisory
council
shall
determine
its
own
rules
of
procedure
and
operating
policies,
subject
to
approval
by
the
director
or
the
director’s
designee.
d.
The
youth
advisory
council
shall
meet
at
least
quarterly.
do
all
of
the
following:
(1)
Adopt
and
apply
positive
youth
development
principles
and
practices
at
the
state
and
local
levels.
(2)
Increase
the
quality,
efficiency,
and
effectiveness
of
opportunities
and
services
and
other
supports
for
youth.
(3)
Improve,
coordinate,
and
prioritize
state
youth
policy
and
programs
across
state
agencies.
(4)
Align
all
policies
around
the
vision
that
all
Iowa
youth
will
be
safe,
healthy,
successful,
and
prepared
for
adulthood.
(5)
Review
indicator
data,
identify
barriers
to
youth
success,
and
develop
strategies
to
address
the
barriers.
(6)
Strengthen
partnerships
with
the
nonprofit
and
private
sectors
to
gather
input,
build
consensus,
and
maximize
the
use
of
existing
resources
and
leverage
new
resources
to
improve
the
lives
of
youth
and
their
families.
Senate
File
2385,
p.
180
(7)
Report
annually
by
February
1
to
the
governor
and
the
general
assembly.
9.
3.
Lead
agency.
The
lead
agency
for
support
of
the
Iowa
collaboration
for
youth
development
council
and
the
state
of
Iowa
youth
advisory
council
is
the
department.
The
department
shall
coordinate
activities
and,
with
funding
made
available
to
it
for
such
purposes,
provide
staff
support
for
the
youth
development
council
and
the
youth
advisory
council.
DIVISION
XIX
ELIMINATION
OF
COMMISSIONS
UNDER
HUMAN
RIGHTS
BOARD
Sec.
445.
Section
216A.1,
subsection
1,
paragraph
a,
Code
2024,
is
amended
by
striking
the
paragraph
and
inserting
in
lieu
thereof
the
following:
a.
Community
advocacy
and
services
on
behalf
of
underrepresented
populations
in
the
state.
Sec.
446.
Section
216A.3,
Code
2024,
is
amended
to
read
as
follows:
216A.3
Human
rights
board.
1.
A
human
rights
board
is
created
within
the
department.
2.
The
board
shall
consist
of
sixteen
twelve
members,
including
eleven
seven
voting
members
and
five
nonvoting
members
,
and
determined
as
follows:
a.
The
voting
members
shall
consist
of
nine
seven
voting
members
selected
by
each
of
the
permanent
commissions
within
the
department,
and
two
voting
members,
appointed
by
the
governor.
For
purposes
of
this
paragraph
“a”
,
“permanent
commissions”
means
the
commission
of
Latino
affairs,
commission
on
the
status
of
women,
commission
of
persons
with
disabilities,
commission
on
community
action
agencies,
commission
of
deaf
services,
justice
advisory
board,
commission
on
the
status
of
African
Americans,
commission
of
Asian
and
Pacific
Islander
affairs,
and
commission
of
Native
American
affairs
who
shall
be
appointed
by
the
governor,
subject
to
confirmation
by
the
senate
pursuant
to
section
2.32,
and
shall
represent
underrepresented
populations
in
the
state.
All
voting
members
shall
reside
in
the
state
.
The
term
of
office
for
voting
members
is
four
years.
b.
The
nonvoting
members
shall
consist
of
the
department
director,
two
state
representatives,
one
appointed
by
the
Senate
File
2385,
p.
181
speaker
of
the
house
of
representatives
and
one
by
the
minority
leader
of
the
house
of
representatives,
and
two
state
senators,
one
appointed
by
the
majority
leader
of
the
senate
and
one
by
the
minority
leader
of
the
senate.
3.
A
majority
of
the
voting
members
of
the
board
shall
constitute
a
quorum,
and
the
affirmative
vote
of
two-thirds
of
the
voting
members
present
is
necessary
for
any
substantive
action
taken
by
the
board.
The
board
shall
select
a
chairperson
from
the
voting
members
of
the
board.
The
board
shall
meet
not
less
than
four
times
a
year.
4.
The
board
shall
develop
do
all
of
the
following:
a.
Develop
and
monitor
implementation
of
a
comprehensive
strategic
plan
to
remove
barriers
for
underrepresented
populations
or
groups
and,
in
doing
so,
to
increase
Iowa’s
productivity
and
inclusivity,
including
performance
measures
and
benchmarks.
b.
Study
the
opportunities
for
and
changing
needs
of
the
underrepresented
populations
or
groups
in
the
state.
c.
Serve
as
a
liaison
between
the
department
and
the
public,
sharing
information
and
gathering
constituency
input.
d.
Recommend
to
the
department
the
adoption
of
rules
pursuant
to
chapter
17A
as
the
board
deems
necessary.
e.
Recommend
legislative
and
executive
action
to
the
governor
and
general
assembly
to
advance
the
interests
of
underrepresented
populations
or
groups
and
to
improve
the
status
of
low-income
persons
in
the
state.
f.
Establish
advisory
committees,
work
groups,
or
other
coalitions
as
appropriate.
g.
Advance
the
interests
of
underrepresented
populations
or
groups
in
the
areas
of
human
rights,
access
to
justice,
economic
equality,
and
the
elimination
of
discrimination.
Sec.
447.
Section
216A.4,
Code
2024,
is
amended
to
read
as
follows:
216A.4
Definitions.
For
purposes
of
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Asian
or
Pacific
Islander”
means
an
individual
from
any
of
the
countries
of
Asia
or
islands
of
the
Pacific.
1.
2.
“Board”
means
the
human
rights
board.
Senate
File
2385,
p.
182
2.
3.
“Department”
means
the
department
of
health
and
human
services.
3.
4.
“Director”
means
the
director
of
health
and
human
services.
5.
“Tribal
government”
means
the
governing
body
of
a
federally
recognized
Indian
tribe.
4.
6.
“Underrepresented”
means
the
historical
marginalization
of
populations
or
groups
in
the
United
States
and
Iowa,
including
but
not
limited
to
African
Americans,
Asian
and
Pacific
Islanders,
persons
who
are
deaf
or
hard
of
hearing,
persons
with
disabilities,
Latinos,
Native
Americans,
women,
persons
who
have
low
socioeconomic
status,
at-risk
youth,
and
adults
or
juveniles
with
a
criminal
history.
COMMISSION
AND
OFFICE
OF
LATINO
AFFAIRS
ELIMINATION
Sec.
448.
REPEAL.
Sections
216A.11,
216A.12,
216A.13,
216A.14,
and
216A.15,
Code
2024,
are
repealed.
COMMISSION
AND
OFFICE
ON
THE
STATUS
OF
WOMEN
ELIMINATION
Sec.
449.
Section
241.3,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
The
department
shall
consult
and
cooperate
with
the
department
of
workforce
development,
the
United
States
commissioner
of
social
security
administration,
the
office
on
the
status
of
women
of
the
department,
the
department
of
education,
and
other
persons
in
the
executive
branch
of
the
state
government
as
the
department
considers
appropriate
to
facilitate
the
coordination
of
multipurpose
service
programs
established
under
this
chapter
with
existing
programs
of
a
similar
nature.
Sec.
450.
REPEAL.
Sections
216A.51,
216A.52,
216A.53,
and
216A.54,
Code
2024,
are
repealed.
COMMISSION
AND
OFFICE
ON
PERSONS
WITH
DISABILITIES
ELIMINATION
Sec.
451.
REPEAL.
Sections
216A.71,
216A.72,
216A.74,
and
216A.75,
Code
2024,
are
repealed.
COMBINING
OF
DEAF
SERVICES
COMMISSION
AND
DUAL
PARTY
RELAY
COUNCIL
Sec.
452.
Section
216A.111,
subsection
2,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
453.
Section
216A.113,
Code
2024,
is
amended
to
read
as
follows:
Senate
File
2385,
p.
183
216A.113
Deaf
services
commission
established.
1.
The
commission
of
deaf
services
is
established,
and
shall
consist
of
seven
voting
members
appointed
by
the
governor
,
subject
to
confirmation
by
the
senate
pursuant
to
section
2.32
.
Membership
of
the
commission
shall
include
at
least
four
members
who
are
deaf
and
at
least
one
member
who
is
or
hard
of
hearing
,
and
three
members
who
are
representatives
of
telephone
companies
.
The
commission
shall
also
include
the
director,
or
the
director’s
designee,
as
a
nonvoting
member.
All
members
shall
reside
in
Iowa.
2.
Members
Voting
members
of
the
commission
shall
serve
four-year
staggered
terms
which
shall
begin
and
end
pursuant
to
section
69.19
.
Members
Voting
members
whose
terms
expire
may
be
reappointed.
Vacancies
on
the
commission
may
be
filled
for
the
remainder
of
the
term
in
the
same
manner
as
the
original
appointment.
Members
Voting
members
shall
receive
actual
expenses
incurred
while
serving
in
their
official
capacity,
subject
to
statutory
limits.
Members
Voting
members
may
also
be
eligible
to
receive
compensation
as
provided
in
section
7E.6
.
3.
Members
The
voting
members
of
the
commission
shall
appoint
a
chairperson
and
vice
chairperson
and
other
officers
as
the
commission
deems
necessary.
The
commission
shall
meet
at
least
quarterly
during
each
fiscal
year.
A
majority
of
the
voting
members
currently
appointed
to
the
commission
shall
constitute
a
quorum.
A
quorum
shall
be
required
for
the
conduct
of
business
of
the
commission,
and
the
affirmative
vote
of
a
majority
of
the
currently
appointed
voting
members
is
necessary
for
any
substantive
action
taken
by
the
commission.
A
voting
member
shall
not
vote
on
any
action
if
the
voting
member
has
a
conflict
of
interest
on
the
matter,
and
a
statement
by
the
voting
member
of
a
conflict
of
interest
shall
be
conclusive
for
this
purpose.
Sec.
454.
Section
216A.114,
Code
2024,
is
amended
to
read
as
follows:
216A.114
Commission
powers
and
duties.
The
commission
shall
have
the
following
powers
and
duties:
1.
Study
the
changing
needs
and
opportunities
for
the
deaf
and
hard-of-hearing
people
in
this
state.
Senate
File
2385,
p.
184
2.
Serve
as
a
liaison
between
the
office
department
and
the
public,
sharing
information
and
gathering
constituency
input.
3.
Recommend
to
the
board
for
adoption
rules
pursuant
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
office.
4.
Recommend
legislative
and
executive
action
to
the
governor
and
general
assembly.
5.
Establish
advisory
committees,
work
groups,
or
other
coalitions
as
appropriate.
6.
Advise
the
utilities
board
on
the
planning,
establishment,
administration,
and
promotion
of
a
statewide
program
to
provide
dual
party
relay
service
and
to
secure,
finance,
and
distribute
telecommunications
devices
for
the
deaf
and
hard
of
hearing
pursuant
to
chapter
477C.
Sec.
455.
Section
477C.2,
Code
2024,
is
amended
to
read
as
follows:
477C.2
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Board”
means
the
utilities
board
created
in
section
474.1
.
2.
“Commission”
means
the
commission
on
deaf
services
created
in
section
216A.113.
2.
3.
“Communication
disorder”
means
the
inability
to
use
the
telephone
for
communication
without
a
telecommunications
device
for
the
deaf
and
hard
of
hearing.
3.
“Council”
means
the
dual
party
relay
council
established
in
section
477C.5
.
4.
“Dual
party
relay
service”
or
“relay
service”
means
a
communication
service
which
provides
persons
with
communication
disorders
access
to
the
telephone
system
functionally
equivalent
to
the
access
available
to
persons
without
communication
disorders.
5.
“Telecommunications
device
for
the
deaf
and
hard
of
hearing”
means
any
specialized
or
supplemental
telephone
equipment
used
by
persons
with
communication
disorders
to
provide
access
to
the
telephone
system.
Sec.
456.
Section
477C.3,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
Senate
File
2385,
p.
185
With
the
advice
of
the
council
commission
,
the
board
shall
plan,
establish,
administer,
and
promote
a
statewide
program
to
provide
dual
party
relay
service
as
follows:
Sec.
457.
Section
477C.4,
Code
2024,
is
amended
to
read
as
follows:
477C.4
Telecommunications
devices
for
the
deaf
and
hard
of
hearing.
With
the
advice
of
the
council
commission
,
the
board
may
plan,
establish,
administer,
and
promote
a
program
to
secure,
finance,
and
distribute
telecommunications
devices
for
the
deaf
and
hard
of
hearing.
The
board
may
establish
eligibility
criteria
for
persons
to
receive
telecommunications
devices
for
the
deaf
and
hard
of
hearing,
including
but
not
limited
to
requiring
certification
that
the
recipient
cannot
use
the
telephone
for
communication
without
a
telecommunications
device
for
the
deaf
and
hard
of
hearing.
Sec.
458.
Section
477C.5,
subsection
2,
paragraph
c,
Code
2024,
is
amended
by
striking
the
paragraph.
Sec.
459.
Section
622B.4,
Code
2024,
is
amended
to
read
as
follows:
622B.4
List.
The
office
of
deaf
services
of
the
department
of
health
and
human
services
shall
prepare
and
continually
update
a
listing
of
qualified
and
available
sign
language
interpreters.
The
courts
and
administrative
agencies
shall
maintain
a
directory
of
qualified
interpreters
for
deaf
and
hard-of-hearing
persons
as
furnished
by
the
department
of
health
and
human
services.
The
office
of
deaf
services
of
the
department
of
health
and
human
services
shall
maintain
a
list
of
sign
language
interpreters
which
shall
be
made
available
to
a
court,
administrative
agency,
or
interested
parties
to
an
action
using
the
services
of
a
sign
language
interpreter.
Sec.
460.
REPEAL.
Sections
216A.112
and
477C.5,
Code
2024,
are
repealed.
COMMISSION
AND
OFFICE
ON
STATUS
OF
AFRICAN
AMERICANS
ELIMINATION
Sec.
461.
REPEAL.
Sections
216A.141,
216A.142,
216A.143,
and
216A.146,
Code
2024,
are
repealed.
Senate
File
2385,
p.
186
COMMISSION
AND
OFFICE
ON
ASIAN
AND
PACIFIC
ISLANDERS
ELIMINATION
Sec.
462.
REPEAL.
Sections
216A.151,
216A.152,
216A.153,
and
216A.154,
Code
2024,
are
repealed.
COMMISSION
AND
OFFICE
OF
NATIVE
AMERICAN
AFFAIRS
ELIMINATION
Sec.
463.
Section
216A.167,
Code
2024,
is
amended
to
read
as
follows:
216A.167
Limitations
on
authority.
1.
The
commission
board
and
office
department
shall
not
have
the
authority
to
do
any
of
the
following:
a.
Implement
or
administer
the
duties
of
the
state
of
Iowa
under
the
federal
Indian
Gaming
Regulatory
Act,
shall
not
have
any
authority
to
recommend,
negotiate,
administer,
or
enforce
any
agreement
or
compact
entered
into
between
the
state
of
Iowa
and
Indian
tribes
located
in
the
state
pursuant
to
section
10A.104
,
and
shall
not
have
any
authority
relative
to
Indian
gaming
issues.
b.
Administer
the
duties
of
the
state
under
the
federal
National
Historic
Preservation
Act,
the
federal
Native
American
Graves
Protection
and
Repatriation
Act,
and
chapter
263B
.
The
commission
board
shall
also
not
interfere
with
the
advisory
role
of
a
separate
Indian
advisory
council
or
committee
established
by
the
state
archeologist
by
rule
for
the
purpose
of
consultation
on
matters
related
to
ancient
human
skeletal
remains
and
associated
artifacts.
2.
This
subchapter
shall
not
diminish
or
inhibit
the
right
of
any
tribal
government
to
interact
directly
with
the
state
or
any
of
its
departments
or
agencies
for
any
purpose
which
a
tribal
government
desires
to
conduct
its
business
or
affairs
as
a
sovereign
governmental
entity.
Sec.
464.
REPEAL.
Sections
216A.161,
216A.162,
216A.163,
216A.165,
and
216A.166,
Code
2024,
are
repealed.
COMMUNITY
ACTION
AGENCY
COMMISSION
ELIMINATION
Sec.
465.
Section
216A.91,
Code
2024,
is
amended
to
read
as
follows:
216A.91
Definitions.
For
purposes
of
this
subchapter
,
unless
the
context
otherwise
requires:
1.
“Commission”
means
the
commission
on
community
action
Senate
File
2385,
p.
187
agencies.
2.
1.
“Community
action
agency”
means
a
public
agency
or
a
private
nonprofit
agency
which
is
authorized
under
its
charter
or
bylaws
to
receive
funds
to
administer
community
action
programs
and
is
designated
by
the
governor
to
receive
and
administer
the
funds.
3.
2.
“Community
action
program”
means
a
program
conducted
by
a
community
action
agency
which
includes
projects
to
provide
a
range
of
services
to
improve
the
conditions
of
poverty
in
the
area
served
by
the
community
action
agency.
Sec.
466.
Section
216A.93,
Code
2024,
is
amended
to
read
as
follows:
216A.93
Establishment
of
community
action
agencies.
The
department
shall
recognize
and
assist
in
the
designation
of
certain
community
action
agencies
to
assist
in
the
delivery
of
community
action
programs.
These
programs
shall
include
but
not
be
limited
to
outreach,
community
services
block
grant,
low-income
energy
assistance,
and
weatherization
programs.
If
a
community
action
agency
is
in
effect
and
currently
serving
an
area,
that
community
action
agency
shall
become
the
designated
community
action
agency
for
that
area.
If
any
geographic
area
of
the
state
ceases
to
be
served
by
a
designated
community
action
agency,
the
department
may
solicit
applications
and
assist
the
governor
in
designating
a
community
action
agency
for
that
area
in
accordance
with
current
community
services
block
grant
requirements.
The
department
shall
supervise
the
collection
of
data
regarding
the
scope
of
services
provided
by
the
community
action
agencies.
Sec.
467.
Section
541A.1,
Code
2024,
is
amended
to
read
as
follows:
541A.1
Definitions.
For
the
purposes
of
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Account
holder”
means
an
individual
who
is
the
owner
of
an
individual
development
account.
2.
“Charitable
contributor”
means
a
nonprofit
association
described
in
section
501(c)(3)
of
the
Internal
Revenue
Code
which
makes
a
deposit
to
an
individual
development
account
and
which
is
exempt
from
taxation
under
section
501(a)
of
the
Senate
File
2385,
p.
188
Internal
Revenue
Code.
3.
“Commission”
means
the
commission
on
community
action
agencies
created
in
section
216A.92A
.
4.
3.
“Department”
means
the
department
of
health
and
human
services.
5.
4.
“Director”
means
the
director
of
health
and
human
services.
6.
5.
“Federal
poverty
level”
means
the
first
poverty
income
guidelines
published
in
the
calendar
year
by
the
United
States
department
of
health
and
human
services.
7.
6.
“Financial
institution”
means
a
financial
institution
approved
by
the
director
as
an
investment
mechanism
for
individual
development
accounts.
8.
7.
“Household
income”
means
the
annual
household
income
of
an
account
holder
or
prospective
account
holder,
as
determined
in
accordance
with
rules
adopted
by
the
director.
9.
8.
“Individual
contributor”
means
an
individual
who
makes
a
deposit
to
an
individual
development
account
and
is
not
the
account
holder
or
a
charitable
contributor.
10.
9.
“Individual
development
account”
means
either
of
the
following:
a.
A
financial
instrument
that
is
certified
to
have
the
characteristics
described
in
section
541A.2
by
the
operating
organization.
b.
A
financial
instrument
that
is
certified
by
the
operating
organization
to
have
the
characteristics
described
in
and
funded
by
a
federal
individual
development
account
program
under
which
federal
and
state
funding
contributed
to
match
account
holder
deposits
is
deposited
by
an
operating
organization
in
accordance
with
federal
law
and
regulations,
and
which
includes
but
is
not
limited
to
any
of
the
programs
implemented
under
the
following
federal
laws:
(1)
The
federal
Personal
Responsibility
and
Work
Opportunity
Act
of
1996,
42
U.S.C.
§604(h).
(2)
The
federal
Assets
for
Independence
Act,
Pub.
L.
No.
105-285,
Tit.
IV.
11.
10.
“Operating
organization”
means
an
agency
selected
by
the
department
for
involvement
in
operating
individual
development
accounts
directed
to
a
specific
target
population.
Senate
File
2385,
p.
189
12.
11.
“Source
of
principal”
means
any
of
the
sources
of
a
deposit
to
an
individual
development
account
under
section
541A.2,
subsection
2
.
Sec.
468.
Section
541A.5,
subsections
1
and
2,
Code
2024,
are
amended
to
read
as
follows:
1.
The
commission
department
,
in
consultation
with
the
department
of
administrative
services,
shall
adopt
administrative
rules
to
administer
this
chapter
.
2.
a.
The
rules
adopted
by
the
commission
department
shall
include
but
are
not
limited
to
provision
for
transfer
of
an
individual
development
account
to
a
different
financial
institution
than
originally
approved
by
the
department,
if
the
different
financial
institution
has
an
agreement
with
the
account’s
operating
organization.
b.
The
rules
for
determining
household
income
may
provide
categorical
eligibility
for
prospective
account
holders
who
are
enrolled
in
programs
with
income
eligibility
restrictions
that
are
equal
to
or
less
than
the
maximum
household
income
allowed
for
payment
of
a
state
match
under
section
541A.3
.
c.
Subject
to
the
availability
of
funding,
the
commission
department
may
adopt
rules
implementing
an
individual
development
account
program
for
refugees.
Rules
shall
identify
purposes
authorized
for
withdrawals
to
meet
the
special
needs
of
refugee
families.
Sec.
469.
Section
541A.6,
Code
2024,
is
amended
to
read
as
follows:
541A.6
Compliance
with
federal
requirements.
The
commission
department
shall
adopt
rules
for
compliance
with
federal
individual
development
account
requirements
under
the
federal
Personal
Responsibility
and
Work
Opportunity
Reconciliation
Act
of
1996,
§103,
as
codified
in
42
U.S.C.
§604(h),
under
the
federal
Assets
for
Independence
Act,
Pub.
L.
No.
105-285,
Tit.
IV,
or
with
any
other
federal
individual
development
account
program
requirements
for
drawing
federal
funding.
Any
rules
adopted
under
this
section
shall
not
apply
the
federal
individual
development
account
program
requirements
to
an
operating
organization
which
does
not
utilize
federal
funding
for
the
accounts
with
which
it
is
connected
or
to
an
account
holder
who
does
not
receive
temporary
assistance
for
Senate
File
2385,
p.
190
needy
families
block
grant
or
other
federal
funding.
Sec.
470.
REPEAL.
Sections
216A.92A
and
216A.92B,
Code
2024,
are
repealed.
ELIMINATION
OF
FAMILY
DEVELOPMENT
AND
SELF-SUFFICIENCY
COUNCIL
Sec.
471.
Section
216A.107,
Code
2024,
is
amended
to
read
as
follows:
216A.107
Family
development
and
self-sufficiency
——
council
and
grant
program.
1.
A
family
development
and
self-sufficiency
council
is
established
within
the
department.
The
council
shall
consist
of
the
following
persons:
a.
The
director
of
the
department
or
the
director’s
designee.
b.
The
director
of
the
school
of
social
work
at
the
university
of
Iowa
or
the
director’s
designee.
c.
The
dean
of
the
college
of
human
sciences
at
Iowa
state
university
or
the
dean’s
designee.
d.
Two
recipients
or
former
recipients
of
the
family
investment
program,
selected
by
the
other
members
of
the
council.
e.
One
recipient
or
former
recipient
of
the
family
investment
program
who
is
a
member
of
a
racial
or
ethnic
minority,
selected
by
the
other
members
of
the
council.
f.
One
member
representing
providers
of
services
to
victims
of
domestic
violence,
selected
by
the
other
members
of
the
council.
g.
The
head
of
the
department
of
design,
textiles,
gerontology,
and
family
studies
at
the
university
of
northern
Iowa
or
that
person’s
designee.
h.
The
director
of
the
department
of
education
or
the
director’s
designee.
i.
The
director
of
the
department
of
workforce
development
or
the
director’s
designee.
j.
Two
persons
representing
the
business
community,
selected
by
the
other
members
of
the
council.
k.
Two
members
from
each
chamber
of
the
general
assembly
serving
as
ex
officio,
nonvoting
members.
The
two
members
of
the
senate
shall
be
appointed
one
each
by
the
majority
leader
and
the
minority
leader
of
the
senate.
The
two
Senate
File
2385,
p.
191
members
of
the
house
of
representatives
shall
be
appointed
one
each
by
the
speaker
and
the
minority
leader
of
the
house
of
representatives.
2.
Unless
otherwise
provided
by
law,
terms
of
members,
election
of
officers,
and
other
procedural
matters
shall
be
as
determined
by
the
council.
A
quorum
shall
be
required
for
the
conduct
of
business
of
the
council,
and
the
affirmative
vote
of
a
majority
of
the
currently
appointed
voting
members
is
necessary
for
any
substantive
action
taken
by
the
council.
A
member
shall
not
vote
on
any
action
if
the
member
has
a
conflict
of
interest
on
the
matter,
and
a
statement
by
the
member
of
a
conflict
of
interest
shall
be
conclusive
for
this
purpose.
3.
1.
The
family
development
and
self-sufficiency
council
on
health
and
human
services
shall
do
all
of
the
following:
a.
Identify
the
factors
and
conditions
that
place
Iowa
families
at
risk
of
dependency
upon
the
family
investment
program.
The
council
shall
seek
to
use
relevant
research
findings
and
national
and
Iowa-specific
data
on
the
family
investment
program.
b.
Identify
the
factors
and
conditions
that
place
Iowa
families
at
risk
of
family
instability.
The
council
shall
seek
to
use
relevant
research
findings
and
national
and
Iowa-specific
data
on
family
stability
issues.
c.
Subject
to
the
availability
of
funds
for
this
purpose,
award
grants
to
public
or
private
organizations
for
provision
of
family
development
services
to
families
at
risk
of
dependency
on
the
family
investment
program
or
of
family
instability.
Not
more
than
five
percent
of
any
funds
appropriated
by
the
general
assembly
for
the
purposes
of
this
lettered
paragraph
may
be
used
for
staffing
and
administration
of
the
grants.
Grant
proposals
for
the
family
development
and
self-sufficiency
grant
program
shall
include
the
following
elements:
(1)
Designation
of
families
to
be
served
that
meet
one
or
more
criteria
for
being
at
risk
of
dependency
on
the
family
investment
program
or
of
family
instability,
and
agreement
to
serve
clients
that
are
referred
by
the
department
from
the
family
investment
program
which
meet
the
criteria.
The
Senate
File
2385,
p.
192
criteria
may
include
but
are
not
limited
to
factors
such
as
educational
level,
work
history,
family
structure,
age
of
the
youngest
child
in
the
family,
previous
length
of
stay
on
the
family
investment
program,
and
participation
in
the
family
investment
program
or
the
foster
care
program
while
the
head
of
a
household
was
a
child.
Grant
proposals
shall
also
establish
the
number
of
families
to
be
served
under
the
grant.
(2)
Designation
of
the
services
to
be
provided
for
the
families
served,
including
assistance
regarding
job-seeking
skills,
family
budgeting,
nutrition,
self-esteem,
methamphetamine
education,
health
and
hygiene,
child
rearing,
child
education
preparation,
and
goal
setting.
Grant
proposals
shall
indicate
the
support
groups
and
support
systems
to
be
developed
for
the
families
served
during
the
transition
between
the
need
for
assistance
and
self-sufficiency.
(3)
Designation
of
the
manner
in
which
other
needs
of
the
families
will
be
provided
for,
including
but
not
limited
to
child
care
assistance,
transportation,
substance
use
disorder
treatment,
support
group
counseling,
food,
clothing,
and
housing.
(4)
Designation
of
the
process
for
training
of
the
staff
which
provides
services,
and
the
appropriateness
of
the
training
for
the
purposes
of
meeting
family
development
and
self-sufficiency
goals
of
the
families
being
served.
(5)
Designation
of
the
support
available
within
the
community
for
the
program
and
for
meeting
subsequent
needs
of
the
clients,
and
the
manner
in
which
community
resources
will
be
made
available
to
the
families
being
served.
(6)
Designation
of
the
manner
in
which
the
program
will
be
subject
to
audit
and
to
evaluation.
(7)
Designation
of
agreement
provisions
for
tracking
and
reporting
performance
measures
developed
pursuant
to
paragraph
“d”
.
d.
Develop
appropriate
performance
measures
for
the
grant
program
to
demonstrate
how
the
program
helps
families
achieve
self-sufficiency.
e.
Seek
to
enlist
research
support
from
the
Iowa
research
community
in
meeting
the
duties
outlined
in
paragraphs
“a”
through
“d”
.
Senate
File
2385,
p.
193
f.
Seek
additional
support
for
the
funding
of
grants
under
the
program,
including
but
not
limited
to
funds
available
through
the
federal
government
in
serving
families
at
risk
of
long-term
welfare
dependency,
and
private
foundation
grants.
g.
Make
recommendations
to
the
governor
and
the
general
assembly
on
the
effectiveness
of
programs
in
Iowa
and
throughout
the
country
that
provide
family
development
services
that
lead
to
self-sufficiency
for
families
at
risk
of
welfare
dependency.
4.
2.
a.
The
department
shall
administer
the
family
development
and
self-sufficiency
grant
program.
b.
To
the
extent
that
the
family
development
and
self-sufficiency
grant
program
is
funded
by
the
federal
temporary
assistance
for
needy
families
block
grant
and
by
the
state
maintenance
of
efforts
funds
appropriated
in
connection
with
the
block
grant,
the
department
shall
comply
with
all
federal
requirements
for
the
block
grant.
The
department
is
responsible
for
payment
of
any
federal
penalty
imposed
that
is
attributable
to
the
grant
program
and
shall
receive
any
federal
bonus
payment
attributable
to
the
grant
program.
c.
The
department
shall
ensure
that
expenditures
of
moneys
appropriated
to
the
department
from
the
general
fund
of
the
state
for
the
family
development
and
self-sufficiency
grant
program
are
eligible
to
be
considered
as
state
maintenance
of
effort
expenditures
under
federal
temporary
assistance
for
needy
families
block
grant
requirements.
d.
The
department
shall
consider
the
recommendations
of
the
council
on
health
and
human
services
in
adopting
rules
pertaining
to
the
grant
program.
e.
The
department
shall
submit
to
the
governor
and
general
assembly
on
or
before
November
30
following
the
end
of
each
state
fiscal
year,
a
report
detailing
performance
measure
and
outcome
data
evaluating
the
family
development
and
self-sufficiency
grant
program
for
the
fiscal
year
that
just
ended.
DIVISION
XX
HAWKI
BOARD
AND
ADVISORY
COMMITTEE
FOR
CHILDREN
WITH
SPECIAL
HEALTH
CARE
NEEDS
ELIMINATION
Sec.
472.
Section
249A.4B,
subsection
2,
paragraph
b,
Code
Senate
File
2385,
p.
194
2024,
is
amended
to
read
as
follows:
b.
The
council
shall
include
all
of
the
following
nonvoting
members:
(1)
The
director’s
designee
responsible
for
public
health
or
their
designee.
(2)
The
long-term
care
ombudsman,
or
the
long-term
care
ombudsman’s
designee.
(3)
The
dean
of
Des
Moines
university
college
of
osteopathic
medicine,
or
the
dean’s
designee.
(4)
The
dean
of
the
university
of
Iowa
college
of
medicine,
or
the
dean’s
designee.
(5)
A
member
of
the
Hawki
board
created
in
section
514I.5
,
selected
by
the
members
of
the
Hawki
board.
(6)
(5)
The
following
members
of
the
general
assembly,
each
for
a
term
of
two
years
as
provided
in
section
69.16B
:
(a)
Two
members
of
the
house
of
representatives,
one
appointed
by
the
speaker
of
the
house
of
representatives
and
one
appointed
by
the
minority
leader
of
the
house
of
representatives
from
their
respective
parties.
(b)
Two
members
of
the
senate,
one
appointed
by
the
president
of
the
senate
after
consultation
with
the
majority
leader
of
the
senate
and
one
appointed
by
the
minority
leader
of
the
senate.
Sec.
473.
Section
514I.1,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
It
is
the
intent
of
the
general
assembly
that
the
program
be
implemented
and
administered
in
compliance
with
Tit.
XXI
of
the
federal
Social
Security
Act.
If,
as
a
condition
of
receiving
federal
funds
for
the
program,
federal
law
requires
implementation
and
administration
of
the
program
in
a
manner
not
provided
in
this
chapter
,
during
a
period
when
the
general
assembly
is
not
in
session,
the
department,
with
the
approval
of
the
Hawki
board
medical
assistance
advisory
council
,
shall
proceed
to
implement
and
administer
those
provisions,
subject
to
review
by
the
next
regular
session
of
the
general
assembly.
Sec.
474.
Section
514I.2,
Code
2024,
is
amended
to
read
as
follows:
514I.2
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
Senate
File
2385,
p.
195
requires:
1.
“Benchmark
benefit
package”
means
any
of
the
following:
a.
The
standard
blue
cross/blue
shield
preferred
provider
option
service
benefit
plan,
described
in
and
offered
under
5
U.S.C.
§8903(1).
b.
A
health
benefits
coverage
plan
that
is
offered
and
generally
available
to
state
employees
in
this
state.
c.
The
plan
of
a
health
maintenance
organization
as
defined
in
42
U.S.C.
§300e,
with
the
largest
insured
commercial,
nonmedical
assistance
enrollment
of
covered
lives
in
the
state.
2.
“Cost
sharing”
means
the
payment
of
a
premium
or
copayment
as
provided
for
by
Tit.
XXI
of
the
federal
Social
Security
Act
and
section
514I.10
.
3.
“Department”
means
the
department
of
health
and
human
services.
4.
“Director”
means
the
director
of
health
and
human
services.
5.
“Eligible
child”
means
an
individual
who
meets
the
criteria
for
participation
in
the
program
under
section
514I.8
.
6.
“Hawki
board”
or
“board”
means
the
entity
which
adopts
rules
and
establishes
policy
for,
and
directs
the
department
regarding,
the
Hawki
program.
7.
6.
“Hawki
program”
or
“program”
means
the
healthy
and
well
kids
in
Iowa
program
created
in
this
chapter
to
provide
health
insurance
coverage
to
eligible
children.
8.
7.
“Health
insurance
coverage”
means
health
insurance
coverage
as
defined
in
42
U.S.C.
§300gg-91.
8.
“Medical
assistance
advisory
council”
or
“advisory
council”
means
the
medical
assistance
advisory
council
created
in
section
249A.4B.
9.
“Participating
insurer”
means
any
of
the
following:
a.
An
entity
licensed
by
the
division
of
insurance
of
the
department
of
insurance
and
financial
services
to
provide
health
insurance
in
Iowa
that
has
contracted
with
the
department
to
provide
health
insurance
coverage
to
eligible
children
under
this
chapter
.
b.
A
managed
care
organization
acting
pursuant
to
a
contract
with
the
department
to
administer
the
Hawki
program.
10.
“Qualified
child
health
plan”
or
“plan”
means
health
Senate
File
2385,
p.
196
insurance
coverage
provided
by
a
participating
insurer
under
this
chapter
.
Sec.
475.
Section
514I.4,
Code
2024,
is
amended
to
read
as
follows:
514I.4
Director
and
department
——
duties
——
powers.
1.
The
director,
with
the
approval
of
the
Hawki
board
medical
assistance
advisory
council
,
shall
implement
this
chapter
.
The
director
shall
do
all
of
the
following:
a.
At
least
every
six
months,
evaluate
the
scope
of
the
program
currently
being
provided
under
this
chapter
,
project
the
probable
cost
of
continuing
the
program,
and
compare
the
probable
cost
with
the
remaining
balance
of
the
state
appropriation
made
for
payment
of
assistance
under
this
chapter
during
the
current
appropriation
period.
The
director
shall
report
the
findings
of
the
evaluation
to
the
board
advisory
council
and
shall
annually
report
findings
to
the
governor
and
the
general
assembly
by
January
1.
b.
Establish
premiums
to
be
paid
to
participating
insurers
for
provision
of
health
insurance
coverage.
c.
Contract
with
participating
insurers
to
provide
health
insurance
coverage
under
this
chapter
.
d.
Recommend
to
the
board
advisory
council
proposed
rules
necessary
to
implement
the
program.
e.
Recommend
to
the
board
individuals
to
serve
as
members
of
the
clinical
advisory
committee.
2.
a.
The
director,
with
the
approval
of
the
board
advisory
council
,
may
contract
with
participating
insurers
to
provide
dental-only
services.
b.
The
director,
with
the
approval
of
the
board
advisory
council
,
may
contract
with
participating
insurers
to
provide
the
supplemental
dental-only
coverage
to
otherwise
eligible
children
who
have
private
health
care
coverage
as
specified
in
the
federal
Children’s
Health
Insurance
Program
Reauthorization
Act
of
2009,
Pub.
L.
No.
111-3.
3.
The
department
may
enter
into
contracts
with
other
persons
whereby
the
other
person
provides
some
or
all
of
the
functions,
pursuant
to
rules
adopted
by
the
board
advisory
council
,
which
are
required
of
the
director
or
the
department
under
this
section
.
All
contracts
entered
into
pursuant
to
Senate
File
2385,
p.
197
this
section
shall
be
made
available
to
the
public.
4.
The
department
shall
do
or
shall
provide
for
all
of
the
following:
a.
Determine
eligibility
for
program
enrollment
as
prescribed
by
federal
law
and
regulation,
using
policies
and
procedures
adopted
by
rule
of
the
department
pursuant
to
chapter
17A
.
The
department
shall
not
enroll
a
child
who
has
group
health
coverage
unless
expressly
authorized
by
such
rules.
b.
Enroll
qualifying
children
in
the
program
with
maintenance
of
a
supporting
eligibility
file
or
database.
c.
Utilize
the
department’s
eligibility
system
to
maintain
eligibility
files
with
pertinent
eligibility
determination
and
ongoing
enrollment
information
including
but
not
limited
to
data
regarding
beneficiaries,
enrollment
dates,
disenrollments,
and
annual
financial
redeterminations.
d.
Provide
for
administrative
oversight
and
monitoring
of
federal
requirements.
e.
Perform
annual
financial
reviews
of
eligibility
for
each
beneficiary.
f.
Collect
and
track
monthly
family
premiums
to
assure
that
payments
are
current.
g.
Notify
each
participating
insurer
of
new
program
enrollees
who
are
enrolled
by
the
department
in
that
participating
insurer’s
plan.
h.
Verify
the
number
of
program
enrollees
with
each
participating
insurer
for
determination
of
the
amount
of
premiums
to
be
paid
to
each
participating
insurer.
i.
Maintain
data
for
the
purpose
of
quality
assurance
reports
as
required
by
rule
of
the
board
advisory
council
.
j.
(1)
Establish
the
family
cost
sharing
amounts
for
children
of
families
with
incomes
of
one
hundred
fifty
percent
or
more
but
not
exceeding
two
hundred
percent
of
the
federal
poverty
level,
of
not
less
than
ten
dollars
per
individual
and
twenty
dollars
per
family,
if
not
otherwise
prohibited
by
federal
law,
with
the
approval
of
the
board
advisory
council
.
(2)
Establish
for
children
of
families
with
incomes
exceeding
two
hundred
percent
but
not
exceeding
three
hundred
percent
of
the
federal
poverty
level,
family
cost
sharing
Senate
File
2385,
p.
198
amounts,
and
graduated
premiums
based
on
a
rationally
developed
sliding
fee
schedule,
in
accordance
with
federal
law,
with
the
approval
of
the
board
advisory
council
.
k.
Perform
annual,
random
reviews
of
enrollee
applications
to
ensure
compliance
with
program
eligibility
and
enrollment
policies.
Quality
assurance
reports
shall
be
made
to
the
board
advisory
council
based
upon
the
data
maintained
by
the
department.
l.
Perform
other
duties
as
determined
by
the
board
advisory
council
.
Sec.
476.
Section
514I.5,
Code
2024,
is
amended
to
read
as
follows:
514I.5
Hawki
board
Medical
assistance
advisory
council
——
duties
.
1.
A
Hawki
board
for
the
Hawki
program
is
established.
The
board
shall
meet
not
less
than
six
and
not
more
than
twelve
times
annually,
for
the
purposes
of
establishing
medical
assistance
advisory
council
shall
establish
policy
for,
directing
direct
the
department
on,
and
adopting
adopt
rules
for
the
Hawki
program.
The
board
shall
consist
of
seven
voting
members
and
four
ex
officio,
nonvoting
members,
including
all
of
the
following:
a.
The
commissioner
of
insurance,
or
the
commissioner’s
designee.
b.
The
director
of
the
department
of
education,
or
the
director’s
designee.
c.
The
director
of
health
and
human
services,
or
the
director’s
designee.
d.
Four
public
members
appointed
by
the
governor
and
subject
to
confirmation
by
the
senate.
The
public
members
shall
be
members
of
the
general
public
who
have
experience,
knowledge,
or
expertise
in
the
subject
matter
embraced
within
this
chapter
.
e.
Two
members
of
the
senate
and
two
members
of
the
house
of
representatives,
serving
as
ex
officio,
nonvoting
members.
The
legislative
members
of
the
board
shall
be
appointed
one
each
by
the
majority
leader
of
the
senate,
after
consultation
with
the
president
of
the
senate,
and
by
the
minority
leader
of
the
senate,
and
by
the
speaker
of
the
house
of
representatives,
Senate
File
2385,
p.
199
after
consultation
with
the
majority
leader
of
the
house
of
representatives,
and
by
the
minority
leader
of
the
house
of
representatives.
Legislative
members
shall
receive
compensation
pursuant
to
section
2.12
.
2.
Members
appointed
by
the
governor
shall
serve
two-year
staggered
terms
as
designated
by
the
governor,
and
legislative
members
of
the
board
shall
serve
two-year
terms.
The
filling
of
positions
reserved
for
the
public
representatives,
vacancies,
membership
terms,
payment
of
compensation
and
expenses,
and
removal
of
the
members
are
governed
by
chapter
69
.
Members
of
the
board
are
entitled
to
receive
reimbursement
of
actual
expenses
incurred
in
the
discharge
of
their
duties.
Public
members
of
the
board
are
also
eligible
to
receive
compensation
as
provided
in
section
7E.6
.
A
majority
of
the
voting
members
constitutes
a
quorum
and
the
affirmative
vote
of
a
majority
of
the
voting
members
is
necessary
for
any
substantive
action
to
be
taken
by
the
board.
The
members
shall
select
a
chairperson
on
an
annual
basis
from
among
the
membership
of
the
board.
3.
2.
The
board
advisory
council
shall
approve
any
contract
entered
into
pursuant
to
this
chapter
.
All
contracts
entered
into
pursuant
to
this
chapter
shall
be
made
available
to
the
public.
4.
The
department
shall
act
as
support
staff
to
the
board.
5.
The
board
may
receive
and
accept
grants,
loans,
or
advances
of
funds
from
any
person
and
may
receive
and
accept
from
any
source
contributions
of
money,
property,
labor,
or
any
other
thing
of
value,
to
be
held,
used,
and
applied
for
the
purposes
of
the
program.
6.
3.
The
Hawki
board
medical
assistance
advisory
council
shall
do
all
of
the
following:
a.
Define,
in
consultation
with
the
department,
the
regions
of
the
state
for
which
plans
are
offered
in
a
manner
as
to
ensure
access
to
services
for
all
children
participating
in
the
program.
b.
Approve
the
benefit
package
design,
review
the
benefit
package
design
on
a
periodic
basis,
and
make
necessary
changes
in
the
benefit
design
to
reflect
the
results
of
the
periodic
reviews.
Senate
File
2385,
p.
200
c.
Develop,
with
the
assistance
of
the
department,
an
outreach
plan,
and
provide
for
periodic
assessment
of
the
effectiveness
of
the
outreach
plan.
The
plan
shall
provide
outreach
to
families
of
children
likely
to
be
eligible
for
assistance
under
the
program,
to
inform
them
of
the
availability
of
and
to
assist
the
families
in
enrolling
children
in
the
program.
The
outreach
efforts
may
include,
but
are
not
limited
to,
solicitation
of
cooperation
from
programs,
agencies,
and
other
persons
who
are
likely
to
have
contact
with
eligible
children,
including
but
not
limited
to
those
associated
with
the
educational
system,
and
the
development
of
community
plans
for
outreach
and
marketing.
Other
state
agencies
shall
assist
the
department
in
data
collection
related
to
outreach
efforts
to
potentially
eligible
children
and
their
families.
d.
In
consultation
with
the
clinical
advisory
committee,
assess
the
initial
health
status
of
children
participating
in
the
program,
establish
a
baseline
for
comparison
purposes,
and
develop
appropriate
indicators
to
measure
the
subsequent
health
status
of
children
participating
in
the
program.
e.
Review,
in
consultation
with
the
department,
and
take
necessary
steps
to
improve
interaction
between
the
program
and
other
public
and
private
programs
which
provide
services
to
the
population
of
eligible
children.
f.
By
January
1,
annually,
prepare,
with
the
assistance
of
the
department,
and
submit
a
report
to
the
governor,
the
general
assembly,
and
the
council
on
health
and
human
services,
concerning
the
board’s
advisory
council’s
activities,
findings,
and
recommendations.
g.
Solicit
input
from
the
public
regarding
the
program
and
related
issues
and
services.
h.
Establish
and
consult
with
a
clinical
advisory
committee
to
make
recommendations
to
the
board
regarding
the
clinical
aspects
of
the
Hawki
program.
i.
Prescribe
the
elements
to
be
included
in
a
health
improvement
program
plan
required
to
be
developed
by
a
participating
insurer.
The
elements
shall
include
but
are
not
limited
to
health
maintenance
and
prevention
and
health
risk
assessment.
Senate
File
2385,
p.
201
j.
Establish
an
advisory
committee
to
make
Make
recommendations
to
the
board
and
to
the
general
assembly
by
January
1
annually
concerning
the
provision
of
health
insurance
coverage
to
children
with
special
health
care
needs.
The
committee
shall
include
individuals
with
experience
in,
knowledge
of,
or
expertise
in
this
area.
The
recommendations
shall
address,
but
are
not
limited
to,
all
of
the
following:
(1)
The
definition
of
the
target
population
of
children
with
special
health
care
needs
for
the
purposes
of
determining
eligibility
under
the
program.
(2)
Eligibility
options
for
and
assessment
of
children
with
special
health
care
needs
for
eligibility.
(3)
Benefit
options
for
children
with
special
health
care
needs.
(4)
Options
for
enrollment
of
children
with
special
health
care
needs
in
and
disenrollment
of
children
with
special
health
care
needs
from
qualified
child
health
plans
utilizing
a
capitated
fee
form
of
payment.
(5)
The
appropriateness
and
quality
of
care
for
children
with
special
health
care
needs.
(6)
The
coordination
of
health
services
provided
for
children
with
special
health
care
needs
under
the
program
with
services
provided
by
other
publicly
funded
programs.
k.
Develop
options
and
recommendations
to
allow
children
eligible
for
the
Hawki
program
to
participate
in
qualified
employer-sponsored
health
plans
through
a
premium
assistance
program.
The
options
and
recommendations
shall
ensure
reasonable
alignment
between
the
benefits
and
costs
of
the
Hawki
program
and
the
employer-sponsored
health
plans
consistent
with
federal
law.
In
addition,
the
board
advisory
council
shall
implement
the
premium
assistance
program
options
described
under
the
federal
Children’s
Health
Insurance
Program
Reauthorization
Act
of
2009,
Pub.
L.
No.
111-3,
for
the
Hawki
program.
7.
4.
The
Hawki
board
medical
assistance
advisory
council
,
in
consultation
with
the
department,
shall
adopt
rules
which
address,
but
are
not
limited
to
addressing,
all
of
the
following:
a.
Implementation
and
administration
of
the
program.
Senate
File
2385,
p.
202
b.
Qualifying
standards
for
selecting
participating
insurers
for
the
program.
c.
The
benefits
to
be
included
in
a
qualified
child
health
plan
which
are
those
included
in
a
benchmark
or
benchmark
equivalent
plan
and
which
comply
with
Tit.
XXI
of
the
federal
Social
Security
Act.
Benefits
covered
shall
include
but
are
not
limited
to
all
of
the
following:
(1)
Inpatient
hospital
services
including
medical,
surgical,
intensive
care
unit,
mental
health,
and
substance
use
disorder
services.
(2)
Nursing
care
services
including
skilled
nursing
facility
services.
(3)
Outpatient
hospital
services
including
emergency
room,
surgery,
lab,
and
x-ray
services
and
other
services.
(4)
Physician
services,
including
surgical
and
medical,
and
including
office
visits,
newborn
care,
well-baby
and
well-child
care,
immunizations,
urgent
care,
specialist
care,
allergy
testing
and
treatment,
mental
health
visits,
and
substance
use
disorder
visits.
(5)
Ambulance
services.
(6)
Physical
therapy.
(7)
Speech
therapy.
(8)
Durable
medical
equipment.
(9)
Home
health
care.
(10)
Hospice
services.
(11)
Prescription
drugs.
(12)
Dental
services
including
preventive
services.
(13)
Medically
necessary
hearing
services.
(14)
Vision
services
including
corrective
lenses.
(15)
Translation
and
interpreter
services
as
specified
pursuant
to
the
federal
Children’s
Health
Insurance
Program
Reauthorization
Act
of
2009,
Pub.
L.
No.
111-3.
(16)
Chiropractic
services.
(17)
Occupational
therapy.
d.
Presumptive
eligibility
criteria
for
the
program.
Beginning
January
1,
2010,
presumptive
Presumptive
eligibility
shall
be
provided
for
eligible
children.
e.
The
amount
of
any
cost
sharing
under
the
program
which
shall
be
assessed
based
on
family
income
and
which
complies
Senate
File
2385,
p.
203
with
federal
law.
f.
The
reasons
for
disenrollment
including,
but
not
limited
to,
nonpayment
of
premiums,
eligibility
for
medical
assistance
or
other
insurance
coverage,
admission
to
a
public
institution,
relocation
from
the
area,
and
change
in
income.
g.
Conflict
of
interest
provisions
applicable
to
participating
insurers
and
between
public
members
of
the
board
advisory
council
and
participating
insurers.
h.
Penalties
for
breach
of
contract
or
other
violations
of
requirements
or
provisions
under
the
program.
i.
A
mechanism
for
participating
insurers
to
report
any
rebates
received
to
the
department.
j.
The
data
to
be
maintained
by
the
department
including
data
to
be
collected
for
the
purposes
of
quality
assurance
reports.
k.
The
use
of
provider
guidelines
in
assessing
the
well-being
of
children,
which
may
include
the
use
of
the
bright
futures
for
infants,
children,
and
adolescents
program
as
developed
by
the
federal
maternal
and
child
health
bureau
and
the
American
academy
of
pediatrics
guidelines
for
well-child
care.
8.
5.
a.
The
Hawki
board
medical
assistance
advisory
council
may
provide
approval
to
the
director
to
contract
with
participating
insurers
to
provide
dental-only
services.
In
determining
whether
to
provide
such
approval
to
the
director,
the
board
advisory
council
shall
take
into
consideration
the
impact
on
the
overall
program
of
single
source
contracting
for
dental
services.
b.
The
Hawki
board
medical
assistance
advisory
council
may
provide
approval
to
the
director
to
contract
with
participating
insurers
to
provide
the
supplemental
dental-only
coverage
to
otherwise
eligible
children
who
have
private
health
care
coverage
as
specified
in
the
federal
Children’s
Health
Insurance
Program
Reauthorization
Act
of
2009,
Pub.
L.
No.
111-3.
9.
6.
The
Hawki
board
medical
assistance
advisory
council
shall
monitor
the
capacity
of
Medicaid
managed
care
organizations
acting
pursuant
to
a
contract
with
the
department
to
administer
the
Hawki
program
to
specifically
Senate
File
2385,
p.
204
and
appropriately
address
the
unique
needs
of
children
and
children’s
health
delivery.
Sec.
477.
Section
514I.6,
subsection
4,
paragraph
d,
Code
2024,
is
amended
to
read
as
follows:
d.
Other
information
as
directed
by
the
board
advisory
council
.
Sec.
478.
Section
514I.6,
subsection
5,
Code
2024,
is
amended
to
read
as
follows:
5.
Submit
a
plan
for
a
health
improvement
program
to
the
department,
for
approval
by
the
board
advisory
council
.
Sec.
479.
Section
514I.8,
subsection
2,
paragraph
e,
Code
2024,
is
amended
to
read
as
follows:
e.
Is
not
currently
covered
under
a
group
health
plan
as
defined
in
42
U.S.C.
§300gg-91(a)(1)
unless
allowed
by
rule
of
the
board
advisory
council
.
Sec.
480.
Section
514I.8,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
In
accordance
with
the
rules
adopted
by
the
board
advisory
council
,
a
child
may
be
determined
to
be
presumptively
eligible
for
the
program
pending
a
final
eligibility
determination.
Following
final
determination
of
eligibility,
a
child
shall
be
eligible
for
a
twelve-month
period.
At
the
end
of
the
twelve-month
period,
a
review
of
the
circumstances
of
the
child’s
family
shall
be
conducted
to
establish
eligibility
and
cost
sharing
for
the
subsequent
twelve-month
period.
Pending
such
review
of
the
circumstances
of
the
child’s
family,
the
child
shall
continue
to
be
eligible
for
and
remain
enrolled
in
the
same
plan
if
the
family
complies
with
requirements
to
provide
information
and
verification
of
income,
otherwise
cooperates
in
the
annual
review
process,
and
submits
the
completed
review
form
and
any
information
necessary
to
establish
continued
eligibility
in
a
timely
manner
in
accordance
with
administrative
rules.
Sec.
481.
Section
514I.9,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
The
Hawki
board
advisory
council
shall
review
the
benefits
package
annually
and
shall
determine
additions
to
or
deletions
from
the
benefits
package
offered.
The
Hawki
board
advisory
council
shall
submit
the
recommendations
to
the
Senate
File
2385,
p.
205
general
assembly
for
any
amendment
to
the
benefits
package.
DIVISION
XXI
AUTISM
COUNCIL
ELIMINATION
AND
CREATION
OF
IOWA
SPECIAL
EDUCATION
COUNCIL
Sec.
482.
NEW
SECTION
.
256.35B
Iowa
special
education
council.
1.
An
Iowa
special
education
council
is
created
to
act
in
an
advisory
capacity
to
the
department
in
promoting,
directing,
and
supervising
education
for
children
requiring
special
education
in
the
schools
under
the
supervision
and
control
of
the
department.
2.
The
council
shall
consist
of
seven
voting
members
appointed
by
the
governor
and
confirmed
by
the
senate.
Each
of
the
following
shall
be
represented
among
the
voting
members:
a.
One
member
who
is
a
parent
or
guardian
of
a
student
who
has
a
disability
in
obtaining
an
education
because
of
autism.
b.
One
member
who
is
a
parent
or
guardian
of
a
student
who
has
a
disability
in
obtaining
an
education
because
of
a
behavioral
disorder.
c.
One
member
who
is
a
parent
or
guardian
of
a
student
who
has
a
disability
in
obtaining
an
education
because
of
physical
disability.
d.
One
member
who
is
a
parent
or
guardian
of
a
student
who
has
a
disability
in
obtaining
an
education
because
of
mental
learning
disability
or
head
injury.
e.
One
member
who
is
a
parent
or
guardian
of
a
student
who
has
a
disability
in
obtaining
an
education
because
of
a
communication
learning
disability.
f.
One
member
who
is
a
parent
or
guardian
of
a
student
who
has
a
disability
in
obtaining
an
education
because
of
dyslexia.
g.
One
member
who
is
a
special
education
teacher.
3.
Voting
members
shall
serve
three-year
terms
beginning
and
ending
as
provided
in
section
69.19,
and
appointments
shall
comply
with
section
69.16.
Vacancies
on
the
council
shall
be
filled
in
the
same
manner
as
the
original
appointment.
A
person
appointed
to
fill
a
vacancy
shall
serve
only
for
the
unexpired
portion
of
the
term.
Public
members
shall
receive
reimbursement
for
actual
expenses
incurred
while
serving
in
their
official
capacity
and
may
also
be
eligible
to
receive
Senate
File
2385,
p.
206
compensation
as
provided
in
section
7E.6.
4.
The
council
shall
elect
a
chairperson
from
its
voting
members
annually.
A
majority
of
the
voting
members
of
the
council
shall
constitute
a
quorum.
5.
The
department
shall
convene
and
provide
administrative
support
to
the
council.
Sec.
483.
REPEAL.
Section
256.35A,
Code
2024,
is
repealed.
Sec.
484.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
July
1,
2025.
DIVISION
XXII
BOARD
OF
BEHAVIORAL
HEALTH
PROFESSIONALS
Sec.
485.
Section
135.24,
subsection
2,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
Procedures
for
registration
of
health
care
providers
deemed
qualified
by
the
board
of
medicine,
the
board
of
physician
assistants,
the
dental
board,
the
board
of
nursing,
the
board
of
chiropractic,
the
board
of
psychology,
the
board
of
social
work,
the
board
of
behavioral
science
health
professionals
,
the
board
of
pharmacy,
the
board
of
optometry,
the
board
of
podiatry,
the
board
of
physical
and
occupational
therapy,
the
board
of
respiratory
care
and
polysomnography,
and
the
department
of
inspections,
appeals,
and
licensing,
as
applicable.
Sec.
486.
Section
147.13,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
For
psychology,
social
work,
applied
behavior
analysis,
marital
and
family
therapy,
and
mental
health
counseling,
the
board
of
psychology
behavioral
health
professionals
.
Sec.
487.
Section
147.13,
subsections
14
and
15,
Code
2024,
are
amended
by
striking
the
subsections.
Sec.
488.
Section
147.14,
subsection
1,
paragraph
f,
Code
2024,
is
amended
to
read
as
follows:
f.
(1)
For
psychology
behavioral
health
professionals
,
five
two
members
who
are
licensed
to
practice
psychology
,
two
members
who
are
licensed
to
practice
social
work
as
a
master
social
worker
or
independent
social
worker,
one
member
licensed
to
practice
marital
and
family
therapy,
one
member
licensed
to
practice
mental
health
counseling,
one
member
licensed
as
a
behavior
analyst,
and
two
members
one
member
not
licensed
to
Senate
File
2385,
p.
207
practice
psychology
,
social
work,
marital
and
family
therapy,
or
mental
health
counseling,
or
as
a
behavior
analyst,
and
who
shall
represent
the
general
public.
Of
the
five
members
who
are
licensed
to
practice
psychology,
one
member
shall
be
primarily
engaged
in
graduate
teaching
in
psychology
or
primarily
engaged
in
research
psychology,
three
members
shall
be
persons
who
render
services
in
psychology,
and
one
member
shall
represent
areas
of
applied
psychology
and
may
be
affiliated
with
training
institutions
and
shall
devote
a
major
part
of
the
member’s
time
to
rendering
service
in
psychology.
(2)
The
board
of
behavioral
health
professionals
shall
establish
an
advisory
committee
of
psychology,
an
advisory
committee
of
social
workers,
and
an
advisory
committee
of
mental
health
counselors,
marital
and
family
therapists,
and
behavior
analysts
to
provide
recommendations
to
the
board
on
license
reviews
and
implementation
of
state
laws
and
administrative
rules.
Each
advisory
committee
shall
be
comprised
of
at
least
five
individuals
licensed
in
the
profession
or
professions
about
which
the
advisory
committee
provides
recommendations.
Sec.
489.
Section
147.14,
subsection
1,
paragraphs
l
and
r,
Code
2024,
are
amended
by
striking
the
paragraphs.
Sec.
490.
Section
147.107,
subsection
2,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
A
prescriber
who
dispenses
prescription
drugs,
including
but
not
limited
to
controlled
substances,
for
human
use,
may
delegate
nonjudgmental
dispensing
functions
to
staff
assistants
only
when
verification
of
the
accuracy
and
completeness
of
the
dispensing
is
determined
by
the
practitioner
in
the
practitioner’s
physical
presence.
However,
the
physical
presence
requirement
does
not
apply
when
a
practitioner
is
utilizing
an
automated
dispensing
system.
When
using
an
automated
dispensing
system,
the
practitioner
shall
utilize
an
internal
quality
control
assurance
plan
that
ensures
accuracy
for
dispensing.
Verification
of
automated
dispensing
accuracy
and
completeness
remains
the
responsibility
of
the
practitioner
and
shall
be
determined
in
accordance
with
rules
adopted
by
the
board
of
medicine,
the
dental
board,
the
board
of
podiatry,
and
the
board
of
psychology
behavioral
health
professionals
for
Senate
File
2385,
p.
208
their
respective
licensees.
Sec.
491.
Section
147.161,
subsection
1,
paragraph
b,
subparagraph
(2),
Code
2024,
is
amended
to
read
as
follows:
(2)
Licensed
master
social
workers
with
a
current
and
active
supervision
plan
on
file
with
the
board
of
social
work
behavioral
health
professionals
.
Sec.
492.
Section
148.13A,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
board
of
medicine
shall,
in
consultation
with
the
board
of
psychology
behavioral
health
professionals
,
establish
by
rule
all
of
the
following:
Sec.
493.
Section
148.13B,
subsection
1,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
board
of
medicine
and
the
board
of
psychology
behavioral
health
professionals
shall
adopt
joint
rules
in
regard
to
the
following:
Sec.
494.
Section
148.13B,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
The
joint
rules,
and
any
amendments
thereto,
adopted
by
the
board
of
medicine
and
the
board
of
psychology
behavioral
health
professionals
pursuant
to
this
section
and
section
154B.14
shall
only
be
adopted
by
agreement
of
both
boards
through
a
joint
rule-making
process.
Sec.
495.
Section
154B.1,
subsections
1
and
5,
Code
2024,
are
amended
to
read
as
follows:
1.
“Board”
means
the
board
of
psychology
behavioral
health
professionals
created
under
chapter
147
.
5.
“Physician”
means
a
person
licensed
to
practice
medicine
and
surgery
or
osteopathic
medicine
and
surgery
in
this
state
in
family
medicine,
internal
medicine,
pediatrics,
psychiatry,
or
another
specialty
who
prescribes
medications
for
the
treatment
of
a
mental
disorder
to
patients
in
the
normal
course
of
the
person’s
clinical
medical
practice
pursuant
to
joint
rules
adopted
by
the
board
of
psychology
behavioral
health
professionals
and
the
board
of
medicine.
Sec.
496.
Section
154B.9,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
A
prescribing
psychologist
may
prescribe
psychotropic
medication
pursuant
to
joint
rules
adopted
by
the
board
of
Senate
File
2385,
p.
209
psychology
behavioral
health
professionals
and
the
board
of
medicine
and
the
provisions
of
this
chapter
.
Sec.
497.
Section
154B.10,
subsection
1,
paragraphs
b,
c,
d,
e,
and
g,
Code
2024,
are
amended
to
read
as
follows:
b.
Completed
pharmacological
training
from
an
institution
approved
by
the
board
of
psychology
and
the
board
of
medicine
or
from
a
provider
of
continuing
education
approved
by
the
board
of
psychology
behavioral
health
professionals
and
the
board
of
medicine
pursuant
to
joint
rules
adopted
by
both
boards.
c.
Passed
a
national
certification
examination
approved
by
the
board
of
psychology
behavioral
health
professionals
and
the
board
of
medicine
that
tested
the
applicant’s
knowledge
of
pharmacology
in
the
diagnosis,
care,
and
treatment
of
mental
disorders.
d.
Successfully
completed
a
postdoctoral
master
of
science
degree
in
clinical
psychopharmacology
approved
by
the
board
of
psychology
behavioral
health
professionals
and
the
board
of
medicine
pursuant
to
joint
rules
adopted
by
both
boards.
The
program
shall
at
a
minimum
include
coursework
in
neuroscience,
pharmacology,
psychopharmacology,
physiology,
and
appropriate
and
relevant
physical
and
laboratory
assessments.
e.
Has
been
certified
by
the
applicant’s
supervising
physician
as
having
successfully
completed
a
supervised
and
relevant
clinical
experience
in
clinical
assessment
and
pathophysiology
and
an
additional
supervised
practicum
treating
patients
with
mental
disorders.
The
practica
shall
have
been
supervised
by
a
trained
physician.
The
board
of
psychology
behavioral
health
professionals
and
the
board
of
medicine,
pursuant
to
joint
rules
adopted
by
the
boards,
shall
determine
sufficient
practica
to
competently
train
the
applicant
in
the
treatment
of
a
diverse
patient
population.
g.
Meets
all
other
requirements,
as
determined
by
joint
rules
adopted
by
the
board
of
psychology
behavioral
health
professionals
and
the
board
of
medicine,
for
obtaining
a
conditional
prescription
certificate.
Sec.
498.
Section
154B.10,
subsection
3,
paragraph
d,
Code
2024,
is
amended
to
read
as
follows:
d.
Any
other
rules
adopted
jointly
by
the
board
of
Senate
File
2385,
p.
210
psychology
behavioral
health
professionals
and
the
board
of
medicine.
Sec.
499.
Section
154B.11,
subsection
1,
paragraph
d,
Code
2024,
is
amended
to
read
as
follows:
d.
Meets
all
other
requirements,
as
determined
by
rules
adopted
by
the
board,
for
obtaining
a
prescription
certificate,
including
joint
rules
adopted
by
the
board
of
psychology
behavioral
health
professionals
and
the
board
of
medicine.
Sec.
500.
Section
154B.11,
subsection
2,
paragraph
d,
Code
2024,
is
amended
to
read
as
follows:
d.
Any
other
rules
adopted
jointly
by
the
board
of
psychology
behavioral
health
professionals
and
the
board
of
medicine.
Sec.
501.
Section
154B.12,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
A
prescribing
psychologist
or
a
psychologist
with
a
conditional
prescription
certificate
may
administer
and
prescribe
psychotropic
medication
within
the
scope
of
the
psychologist’s
profession,
including
the
ordering
and
review
of
laboratory
tests
in
conjunction
with
the
prescription,
for
the
treatment
of
mental
disorders.
Such
prescribing
practices
shall
be
governed
by
joint
rules
adopted
by
the
board
of
psychology
behavioral
health
professionals
and
the
board
of
medicine.
Sec.
502.
Section
154B.14,
subsection
1,
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
The
board
of
psychology
behavioral
health
professionals
and
the
board
of
medicine
shall
adopt
joint
rules
in
regard
to
the
following:
Sec.
503.
Section
154B.14,
subsections
2
and
3,
Code
2024,
are
amended
to
read
as
follows:
2.
The
board
of
psychology
behavioral
health
professionals
shall
consult
with
the
university
of
Iowa
Carver
college
of
medicine
and
clinical
and
counseling
psychology
doctoral
programs
at
regents
institutions
in
the
development
of
the
rules
pertaining
to
education
and
training
requirements
in
sections
154B.10
and
154B.11
.
3.
The
joint
rules,
and
any
amendments
thereto,
adopted
by
the
board
of
psychology
behavioral
health
professionals
and
the
Senate
File
2385,
p.
211
board
of
medicine
pursuant
to
this
section
and
section
148.13B
shall
only
be
adopted
by
agreement
of
both
boards
through
a
joint
rule-making
process.
Sec.
504.
Section
154C.1,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
“Board”
means
the
board
of
social
work
behavioral
health
professionals
established
in
chapter
147
.
Sec.
505.
Section
154D.1,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
“Board”
means
the
board
of
behavioral
science
health
professionals
established
in
chapter
147
.
Sec.
506.
Section
228.1,
subsection
7,
paragraph
b,
Code
2024,
is
amended
to
read
as
follows:
b.
The
individual
holds
a
current
Iowa
license
if
practicing
in
a
field
covered
by
an
Iowa
licensure
law
and
is
a
psychiatrist,
an
advanced
registered
nurse
practitioner
who
holds
a
national
certification
in
psychiatric
mental
health
care
and
is
licensed
by
the
board
of
nursing,
a
physician
assistant
practicing
under
the
supervision
of
or
in
collaboration
with
a
psychiatrist,
a
qualified
mental
health
professional
physician
assistant,
a
psychiatric
advanced
registered
nurse
practitioner
as
defined
in
section
125.2
,
or
an
individual
who
holds
a
doctorate
degree
in
psychology
and
is
licensed
by
the
board
of
behavioral
health
professionals
to
practice
psychology.
For
the
purposes
of
this
paragraph,
“collaboration”
means
the
same
as
defined
in
section
148C.1
.
Sec.
507.
Section
249A.15,
Code
2024,
is
amended
to
read
as
follows:
249A.15
Licensed
psychologists
eligible
for
payment
——
provisional
licensees.
1.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
entitling
psychologists
who
are
licensed
pursuant
to
chapter
154B
and
psychologists
who
are
licensed
in
the
state
where
the
services
are
provided
and
have
a
doctorate
degree
in
psychology,
have
had
at
least
two
years
of
clinical
experience
in
a
recognized
health
setting,
or
have
met
the
standards
of
a
national
register
of
health
service
providers
in
psychology,
to
payment
for
services
provided
to
recipients
of
medical
assistance,
subject
to
limitations
and
exclusions
Senate
File
2385,
p.
212
the
department
finds
necessary
on
the
basis
of
federal
laws
and
regulations
and
of
funds
available
for
the
medical
assistance
program.
The
rules
shall
also
provide
that
an
individual,
who
holds
a
provisional
license
to
practice
psychology
pursuant
to
section
154B.6
,
is
entitled
to
payment
under
this
section
for
services
provided
to
recipients
of
medical
assistance,
when
such
services
are
provided
under
the
supervision
of
a
supervisor
who
meets
the
qualifications
determined
by
the
board
of
psychology
behavioral
health
professionals
by
rule,
and
claims
for
payment
for
such
services
are
submitted
by
the
supervisor.
2.
Entitlement
to
payment
under
this
section
is
applicable
to
services
provided
to
recipients
of
medical
assistance
under
both
the
fee-for-service
and
managed
care
payment
and
delivery
systems.
Neither
the
fee-for-service
nor
the
managed
care
payment
and
delivery
system
shall
impose
a
practice
or
supervision
restriction
which
is
inconsistent
with
or
more
restrictive
than
the
authority
already
granted
by
law,
including
the
authority
to
provide
supervision
in
person
or
remotely
through
electronic
means
as
specified
by
rule
of
the
board
of
psychology
behavioral
health
professionals
.
Sec.
508.
Section
249A.15A,
subsections
1,
2,
and
3,
Code
2024,
are
amended
to
read
as
follows:
1.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
entitling
marital
and
family
therapists
who
are
licensed
pursuant
to
chapter
154D
to
payment
for
behavioral
health
services
provided
to
recipients
of
medical
assistance,
subject
to
limitations
and
exclusions
the
department
finds
necessary
on
the
basis
of
federal
laws
and
regulations.
The
rules
shall
also
provide
that
a
marital
and
family
therapist,
who
holds
a
temporary
license
to
practice
marital
and
family
therapy
pursuant
to
section
154D.7
,
is
entitled
to
payment
under
this
section
for
behavioral
health
services
provided
to
recipients
of
medical
assistance,
when
such
services
are
provided
under
the
supervision
of
a
qualified
supervisor
as
determined
by
the
board
of
behavioral
science
health
professionals
by
rule,
and
claims
for
payment
for
such
services
are
submitted
by
the
qualified
supervisor.
2.
The
department
shall
adopt
rules
pursuant
to
chapter
Senate
File
2385,
p.
213
17A
entitling
master
social
workers
who
hold
a
master’s
degree
approved
by
the
board
of
social
work
behavioral
health
professionals
,
are
licensed
as
a
master
social
worker
pursuant
to
section
154C.3,
subsection
1
,
paragraph
“b”
,
and
provide
treatment
services
under
the
supervision
of
an
independent
social
worker
licensed
pursuant
to
section
154C.3,
subsection
1
,
paragraph
“c”
,
to
payment
for
behavioral
health
services
provided
to
recipients
of
medical
assistance,
subject
to
limitations
and
exclusions
the
department
finds
necessary
on
the
basis
of
federal
laws
and
regulations.
3.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
entitling
mental
health
counselors
who
are
licensed
pursuant
to
chapter
154D
to
payment
for
behavioral
health
services
provided
to
recipients
of
medical
assistance,
subject
to
limitations
and
exclusions
the
department
finds
necessary
on
the
basis
of
federal
laws
and
regulations.
The
rules
shall
also
provide
that
a
mental
health
counselor,
who
holds
a
temporary
license
to
practice
mental
health
counseling
pursuant
to
section
154D.7
,
is
entitled
to
payment
under
this
section
for
behavioral
health
services
provided
to
recipients
of
medical
assistance,
when
such
services
are
provided
under
the
supervision
of
a
qualified
supervisor
as
determined
by
the
board
of
behavioral
science
health
professionals
by
rule,
and
claims
for
payment
for
such
services
are
submitted
by
the
qualified
supervisor.
Sec.
509.
Section
272C.1,
subsection
6,
paragraph
s,
Code
2024,
is
amended
to
read
as
follows:
s.
The
board
of
psychology
behavioral
health
professionals
,
created
pursuant
to
chapter
147
.
Sec.
510.
Section
514C.32,
subsection
1,
paragraphs
a
and
b,
Code
2024,
are
amended
to
read
as
follows:
a.
A
licensed
master
social
worker
who
is
licensed
by
the
board
of
social
work
behavioral
health
professionals
as
a
master
social
worker
pursuant
to
section
154C.3,
subsection
1
,
paragraph
“b”
,
and
who
provides
services
under
the
supervision
of
an
independent
social
worker
licensed
pursuant
to
section
154C.3,
subsection
1
,
paragraph
“c”
.
b.
A
licensed
mental
health
counselor
or
a
licensed
marital
and
family
therapist
who
holds
a
temporary
license
to
Senate
File
2385,
p.
214
practice
mental
health
counseling
or
marital
and
family
therapy
pursuant
to
section
154D.7
,
and
who
provides
services
under
the
supervision
of
a
qualified
supervisor
as
determined
by
the
board
of
behavioral
science
health
professionals
by
rule.
Sec.
511.
Section
514C.33,
subsections
1
and
2,
Code
2024,
are
amended
to
read
as
follows:
1.
Notwithstanding
section
514C.6
,
a
policy
or
contract
providing
for
third-party
payment
or
prepayment
of
health
or
medical
expenses
shall
include
a
provision
for
the
payment
of
necessary
behavioral
health
services
provided
by
a
person
who
holds
a
provisional
license
to
practice
psychology
pursuant
to
section
154B.6
,
and
who
practices
under
the
supervision
of
a
supervisor
who
meets
the
qualifications
determined
by
the
board
of
psychology
behavioral
health
professionals
by
rule.
2.
A
policy
or
contract
subject
to
this
section
shall
not
impose
a
practice
or
supervision
restriction
which
is
inconsistent
with
or
more
restrictive
than
the
authority
already
granted
by
law,
including
the
authority
to
provide
supervision
in
person
or
remotely
through
electronic
means
as
specified
by
rule
of
the
board
of
psychology
behavioral
health
professionals
.
Sec.
512.
Section
622.10,
subsection
7,
Code
2024,
is
amended
to
read
as
follows:
7.
For
the
purposes
of
this
section
,
“mental
health
professional”
means
a
psychologist
licensed
under
chapter
154B
,
a
registered
nurse
licensed
under
chapter
152
,
a
social
worker
licensed
under
chapter
154C
,
a
marital
and
family
therapist
licensed
under
chapter
154D
,
a
mental
health
counselor
licensed
under
chapter
154D
,
or
an
individual
holding
at
least
a
master’s
degree
in
a
related
field
as
deemed
appropriate
by
the
board
of
behavioral
science
health
professionals
.
DIVISION
XXIII
TRANSITION
PROVISIONS
Sec.
513.
TRANSITION
PROVISIONS.
1.
A
rule
adopted
by
a
government
body
eliminated
in
this
Act
that
is
in
force
and
effect
immediately
prior
to
the
effective
date
of
this
division
of
this
Act
shall
continue
in
full
force
and
effect
until
the
earlier
of
the
following:
a.
The
rule
is
amended,
rescinded,
or
supplemented
by
the
Senate
File
2385,
p.
215
affirmative
action
of
the
board
of
pharmacy,
state
historical
society
board
of
trustees,
board
of
education,
employment
appeal
board,
economic
development
authority
board,
human
rights
board,
board
of
behavioral
health
professionals,
or
the
government
body
under
which
the
former
government
body
was
organized.
b.
The
rule
expires
by
its
own
terms.
2.
Any
license
or
permit
issued
by
a
government
body
eliminated
in
this
Act
in
effect
on
the
effective
date
of
this
division
of
this
Act
shall
continue
in
full
force
and
effect
until
expiration
or
renewal.
3.
a.
Any
moneys
in
any
account
or
fund
of,
and
all
client
and
organizational
files
in
the
possession
of,
the
prescription
monitoring
program
advisory
council
shall
be
transferred
to
the
control
of
the
board
of
pharmacy.
b.
Any
moneys
in
any
account
or
fund
of,
and
all
client
and
organizational
files
in
the
possession
of,
the
secondary
road
fund
distribution
committee
shall
be
transferred
to
the
control
of
the
state
transportation
commission.
c.
Any
moneys
in
any
account
or
fund
of,
and
all
client
and
organizational
files
in
the
possession
of,
the
state
historical
records
advisory
board
shall
be
transferred
to
the
control
of
the
board
of
trustees
of
the
state
historical
society.
d.
Any
moneys
in
any
account
or
fund
of,
and
all
client
and
organizational
files
in
the
possession
of,
the
state
board
of
preserves
or
farmer
advisory
committee
shall
be
transferred
to
the
control
of
the
natural
resource
commission.
e.
Any
moneys
in
any
account
or
fund
of,
and
all
client
and
organizational
files
in
the
possession
of,
the
community
college
council
or
nonpublic
school
advisory
committee
shall
be
transferred
to
the
control
of
the
board
of
education.
f.
Any
moneys
in
any
account
or
fund
of,
and
all
client
and
organizational
files
in
the
possession
of,
the
public
employment
relations
board
shall
be
transferred
to
the
control
of
the
employment
appeal
board.
g.
Any
moneys
in
any
account
or
fund
of,
and
all
client
and
organizational
files
in
the
possession
of,
the
enhance
Iowa
board
shall
be
transferred
to
the
control
of
the
economic
development
authority
board.
Senate
File
2385,
p.
216
h.
Any
moneys
in
any
account
or
fund
of,
and
all
client
and
organizational
files
in
the
possession
of,
the
advisory
council
on
brain
injuries,
children’s
behavioral
health
system
state
board,
congenital
and
inherited
disorders
advisory
committee,
emergency
medical
services
advisory
council,
family
development
and
self-sufficiency
council,
justice
advisory
board,
trauma
system
advisory
council,
or
Iowa
collaboration
for
youth
development
council
shall
be
transferred
to
the
control
of
the
council
on
health
and
human
services.
i.
Any
moneys
in
any
account
or
fund
of,
and
all
client
and
organizational
files
in
the
possession
of,
the
commissions
on
the
status
of
African
Americans
or
the
status
of
women,
the
commissions
of
Asian
and
Pacific
Islanders,
persons
with
disabilities,
or
Native
Americans,
or
the
Latino
affairs
commission
shall
be
transferred
to
the
control
of
the
human
rights
board.
j.
Any
moneys
in
any
account
or
fund
of,
and
all
client
and
organizational
files
in
the
possession
of,
the
healthy
and
well
kids
in
Iowa
board
or
advisory
committee
shall
be
transferred
to
the
control
of
the
medical
assistance
advisory
council.
k.
Any
moneys
in
any
account
or
fund
of,
and
all
client
and
organizational
files
in
the
possession
of,
the
dual
party
relay
council
shall
be
transferred
to
the
control
of
the
commission
of
deaf
services.
l.
Any
moneys
in
any
account
or
fund
of,
and
all
client
and
organizational
files
in
the
possession
of,
any
other
board,
council,
committee,
or
commission
eliminated
in
this
Act
shall
be
transferred
to
the
control
of
the
state
agency
or
department
under
which
the
board,
council,
committee,
or
commission
was
organized.
m.
Any
moneys
in
any
account
or
fund
of,
and
all
client
and
organizational
files
in
the
possession
of,
the
boards
of
behavioral
science,
psychology,
or
social
work
shall
be
transferred
to
the
control
of
the
board
of
behavioral
health
professionals.
4.
a.
Any
cause
of
action,
statute
of
limitation,
or
administrative
action
relating
to
or
initiated
by
the
prescription
monitoring
program
advisory
council
shall
not
be
affected
as
a
result
of
this
Act
and
shall
apply
to
the
board
Senate
File
2385,
p.
217
of
pharmacy.
b.
Any
cause
of
action,
statute
of
limitation,
or
administrative
action
relating
to
or
initiated
by
the
secondary
road
fund
distribution
committee
shall
not
be
affected
as
a
result
of
this
Act
and
shall
apply
to
the
state
transportation
commission.
c.
Any
cause
of
action,
statute
of
limitation,
or
administrative
action
relating
to
or
initiated
by
the
state
historical
records
advisory
board
shall
not
be
affected
as
a
result
of
this
Act
and
shall
apply
to
the
board
of
trustees
of
the
state
historical
society.
d.
Any
cause
of
action,
statute
of
limitation,
or
administrative
action
relating
to
or
initiated
by
the
state
board
of
preserves
or
farmer
advisory
committee
shall
not
be
affected
as
a
result
of
this
Act
and
shall
apply
to
the
natural
resource
commission.
e.
Any
cause
of
action,
statute
of
limitation,
or
administrative
action
relating
to
or
initiated
by
the
community
college
council
or
nonpublic
school
advisory
committee
shall
not
be
affected
as
a
result
of
this
Act
and
shall
apply
to
the
board
of
education.
f.
Any
cause
of
action,
statute
of
limitation,
or
administrative
action
relating
to
or
initiated
by
the
public
employment
relations
board
shall
not
be
affected
as
a
result
of
this
Act
and
shall
apply
to
the
employment
appeal
board.
g.
Any
cause
of
action,
statute
of
limitation,
or
administrative
action
relating
to
or
initiated
by
the
enhance
Iowa
board
shall
not
be
affected
as
a
result
of
this
Act
and
shall
apply
to
the
economic
development
authority
board.
h.
Any
cause
of
action,
statute
of
limitation,
or
administrative
action
relating
to
or
initiated
by
the
advisory
council
on
brain
injuries,
children’s
behavioral
health
system
state
board,
congenital
and
inherited
disorders
advisory
committee,
emergency
medical
services
advisory
council,
family
development
and
self-sufficiency
council,
justice
advisory
board,
trauma
system
advisory
council,
or
Iowa
collaboration
for
youth
development
council
shall
not
be
affected
as
a
result
of
this
Act
and
shall
apply
to
the
council
on
health
and
human
services.
Senate
File
2385,
p.
218
i.
Any
cause
of
action,
statute
of
limitation,
or
administrative
action
relating
to
or
initiated
by
the
commissions
on
the
status
of
African
Americans
or
the
status
of
women,
the
commissions
of
Asian
and
Pacific
Islanders,
persons
with
disabilities,
or
Native
Americans,
or
the
Latino
affairs
commission
shall
not
be
affected
as
a
result
of
this
Act
and
shall
apply
to
the
human
rights
board.
j.
Any
cause
of
action,
statute
of
limitation,
or
administrative
action
relating
to
or
initiated
by
the
healthy
and
well
kids
in
Iowa
board
or
advisory
committee
shall
not
be
affected
as
a
result
of
this
Act
and
shall
apply
to
the
medical
assistance
advisory
council.
k.
Any
cause
of
action,
statute
of
limitation,
or
administrative
action
relating
to
or
initiated
by
the
dual
party
relay
council
shall
not
be
affected
as
a
result
of
this
Act
and
shall
apply
to
the
commission
of
deaf
services.
l.
Any
cause
of
action,
statute
of
limitation,
or
administrative
action
relating
to
or
initiated
by
any
other
board,
council,
committee,
or
commission
eliminated
in
this
Act
shall
not
be
affected
as
a
result
of
this
Act
and
shall
apply
to
the
state
agency
or
department
under
which
the
board,
council,
committee,
or
commission
was
organized.
m.
Any
cause
of
action,
statute
of
limitation,
or
administrative
action
relating
to
or
initiated
by
the
boards
of
behavioral
science,
psychology,
or
social
work
shall
not
be
affected
as
a
result
of
this
Act
and
shall
apply
to
the
board
of
behavioral
health
professionals.
5.
Any
personnel
in
the
state
merit
system
of
employment
who
are
mandatorily
transferred
due
to
the
effect
of
this
Act
shall
be
so
transferred
without
any
loss
in
salary,
benefits,
or
accrued
years
of
service.
6.
a.
Except
as
otherwise
provided,
nothing
in
this
Act
shall
affect
the
appointment
or
any
term
of
office
of
a
member
of
any
board,
council,
commission,
committee,
or
other
similar
entity
of
the
state
established
by
the
Code
prior
to
the
effective
date
of
this
division
of
this
Act.
b.
Notwithstanding
any
other
provision
to
the
contrary
in
this
Act,
the
terms
of
all
members
serving
on
any
board,
council,
commission,
committee,
or
other
similar
entity
merged,
Senate
File
2385,
p.
219
consolidated,
or
eliminated
by
this
Act,
or
any
such
entity
with
fewer
members
or
reduced
term
lengths
for
current
members
resulting
from
the
provisions
of
this
Act,
shall
terminate
on
the
effective
date
of
this
division
of
this
Act.
c.
Except
for
those
boards,
councils,
commissions,
committees,
or
other
similar
entities
eliminated
by
this
Act,
the
governor
or
other
appointing
or
designating
authority
shall
appoint
or
designate
new
members
to
the
boards,
councils,
commissions,
committees,
or
other
similar
entities
provided
for
in
this
subsection
on
or
before
the
effective
date
of
this
division
of
this
Act.
The
governor
or
other
appointing
or
designating
authority
shall
determine
the
length
of
the
initial
terms
of
office
for
each
respective
position,
but
in
any
event
shall
stagger
such
terms,
beginning
and
ending
as
otherwise
provided
by
law.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2385,
Ninetieth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor